HomeMy WebLinkAbout1988_4_20_Local_Law_No_3 I
LOCAL LAW NO. 3 - 1988
FLOOD DAMAGE PREVENTION
AN ACT to amend Chapter 28 of the Mamaroneck Town Code to replace existing
Chapter 28, (enacted as L.L. No. 1 of '1979) with the following.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE
§1.1 FINDINGS
The Town Board of the Town of Mamaroneck finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the Town of Mamaroneck and that such damages may include: destruction
or loss of private and public housing, damage to public facilities, both
publicly and privately owned, and injury to and loss of human life. In
order to minimize the threat of such damages and to achieve the purposes
and objectives hereinafter set forth, this local law is adopted.
§1.2 STATEMENT OF PURPOSE
It is the purpose of this Local Law to promote the public health,
safety, and general welfare, and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
(1) regulate, restrict, or prohibit 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 and facilities which serve such uses, which are
vulnerable to floods, be protected against flood damage at the
time of initial construction;
(3) minimize the alteration of natural floodplains, stream channels,
and natural protective barriers which are involved in the
accommodation of flood waters;
(4) minimize or eliminate filling, grading, dredging and other
development which may increase erosion or flood damages;
(5) regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood
hazards to other lands, and;
(b) qualify and maintain eligibility for participation in the
National Flood Insurance Program.
§1.3 OBJECTIVES
The objectives of this Local Law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control
projects;
(3) to minimize the need for rescue and relief efforts 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 and private facilities and utilities
such as water and gas mains, electric, telephone, sewer lines,
streets and bridges located in areas of special flood hazard;
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(6) to help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7) to provide that developers are notified that property is in an
area of special flood hazard; and
(B) to ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
SECTION 2.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this Local Law
shall be interpreted so as to give them the meaning they have in common
usage and to give this Local Law its most reasonable application.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this Local. Law or a request for a
variance.
"Area of shallow flooding" means a designated AO or VO Zone on a
community's Flood Insurance Rate•Map (FIRM) with base flood depths from
one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any
given year. This area may be designated as Zone A, AE, AH, AO, AI-99, V,
Vo, VE, or V1-30. It is also commonly referred to as the base flood plain
or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being equalled
or exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade
(below ground level.) on all sides.
"Breakaway wall" means a wall that is not part of the structural support
of the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation system.
"Building" means any structure built for support, shelter, or enclosure
for occupancy or storage.
"Cellar" - has the same meaning as "Basement".
"Coastal high hazard area" means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is
designated on a FIRM as Zone V1-30, VE, Vo or V.
"Development" means any man-made change to improved or unimproved real
estate, inculding but not limited to buildings or other structures,
mining, dredging, filling, paving, excavation or drilling operations
located within the area of special flood hazard.
"Elevated building" means a non-basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), or shear
walls.
"Flood" or "Flooding" means a general and temporary condition of partial
or compete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
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(2) The unusual and rapid accumulation or runoff or surface waters
from any source.
"Flood Hazard Boundary Map (FREM)" means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined but no water surface
elevation is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the
areas of special flood hazard and the risk premium zones applicable to the
community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
elevations of the base flood.
"Flood proofing" means any combination of structural and non-structuual
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory- Floodway".
"Floor" means the tap surface of an enclosed area in a building
(inclucing basement), i.e., top of slab in concrete slab construction or
top of wood flooring in wood frame construction.
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water,
such as a docking or port facility necessary for the loading and unloading
of cargo or passengers, shipbuilding, and ship repair. The term does not
include long-term storage, manufacture, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
"Lowest Floor" means lowest level including basement or cellar of the
lowest enclosed area. An unfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access, or storage in an area
other than a basement is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements of this
Local Law.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilites. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 184 consecutive days
or longer and intended to be improved property.
"Mean Sea Level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"National Geodetic Vertical Datum (NGVD)", as corrected in 1929 is a
vertical control used as a reference for establishing varying elevations
within the flood plain.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law.
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"Principally Above Ground" means that at least 51 percent of the actual
cash value, excluding land value, is above ground.
"100-year Flood" - has the same meaning as "ease Flood".
"Regulatory Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height as determind by the Federal Emergency
Management Agency in a Flood Insurance Study.
"Sand dunes" means naturally occurring accumulations of-sand in ridges or
mounds landward of the beach.
"Start of Construction" means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the property,
and shall include land preparation, such as clearing, grading, and
filling; installation of streets and/or walkways; excavation for a
basement, footings, piers, or foundations or the erection of temporary
forms. It also includes the placement and/or installation on the property
of accessory buildings (garages,sheds), storage trailers, and building
materials. For manufactured homes the "actual start" means affixing of
the manufactured home to its permanent site.
"Structure" means a walled and roofed building, a manufactured home, or a
gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before
the damage occurred,
For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The
term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state or local building, fire, health, sanitary, or
safety code specifications which are solely necessary to assure
safe living conditions; or
(2) any alteration of a structure or contributing structure listed on
the National Register of Historic Places or a State Inventory of
Historic Places.
"Variance" means a grant of relief from the requirements of this local
law which permits construction or use in a manner that would otherwise be
prohibited by this Local Law.
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SECTION 3.0 GENERAL PROVISIONS .-
§3.1 LANDS, TO WHICH THIS LOCAL LAW APPLIES
This Local. Law shall apply to all areas of special flood hazards within
the jurisdiction of the Town of Mamaroneck.
0.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled "The
Flood Insurance Study for the Town of Mamaroneck, of Westchester County,
New York", dated December 15, 1976, with accompanying Flood Insurance Rate
Maps and Flood Boundary-Floodway Maps as said maps may, from time to time,
be amended, is hereby adopted and declared to be a part of this Local
Law. The Flood Insurance Study and map is on file at Town Center, 740
West Boston Post Road, ,Mamaroneck, New York.
§3:3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the National Flood
Insurance Program effective October 1, 1986 and shall supercede all
Previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
In their interpretation and application, the provisions of this Local Law
shall be held to be minimum requirements adopted for the promotion of the
public health, safety, and welfare. Whenever the requirements of this
local law are at variance with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or that
imposing the higher standards, shall govern,
§3.4 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not
invalidate any other section or provision hereof.
§3.5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full
compliance with the terms of this Local Law and any other applicable
regulations. Any infraction of the provisions of this Local Law by
failure to comply with any of its requirements, including infractions of
conditions and safeguards established in connection with conditions of the
permit, shall constitute a violation. Any person who violates this Local
Law or fails to comply with any of its requirements shall, upon conviction
thereof, be fined no more than $250 or imprisioned for not more than 15
days, or both. Violators shall pay all costs and expenses involved in the
case. Each day of noncompliance shall be considered a separate offense.
Town Nothing herein contained shall prevent the Tow of Mamaroneck from taking
such other lawful action as necessary to prevent or remedy an infraction,
including injunctive relief. Any structure found not compliant with the
requirements of this Local Law for which the developer and/or owner has
not applied for and received an approved variance under Section 6,0 will
be declared noncompliant ana notification sent to the Federal Emergency
Management Agency.
51.6 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
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E 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 Mamaroneck, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
reliance on this Local Law or any administrative decision lawfully made
thereunder.
SECTION 4.0 ADMINISTRATION
§4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector is hereby appointed Local Administrator to
administer and implement this Local Law by granting or denying development
permit applications in accordance with its provisions.
§4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or
any other development within the area of special flood hazard as
established in Section 3.2. Application for a Development Permit shall be
made on forms furnished by the Local Administrator and may include, but
not be limited to: plans, in duplicate drawn to scale and showing the
nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
§4.2-1 APPLICATION STAGE
The following information is required where applicable:
(a) elevation in relation to mean sea level of the proposed
lowest floor (including basement or cellar) of all
structures;
(b) elevation in relation to mean sea level to which any
non-residential structure will be flood-proofed;
(c) when required, a certificate from a licensed
professional, engineer or architect that the utility
flood-proofing will meet the criteria in Section 5.1-3(1);
(d) certificate from a licensed professional engineer or
architect that the non-residential flood-proofed structure
will meet the flood-proofing criteria in Section 5.2-2; and
(e) description of the extent to which any watercourse will
be altered or relocated as'a result of proposed development.
§ 4.2-2 CONSTRUCTION STAGE
Upon placement of the lowest floor, or flood-proofing by whatever
means, or upon placement of the horizontal structural members of
the lowest floor, whichever is applicable, it shall be the duty
of the permit holder to submit to the local Administrator a
certificate of the elevation of the lowest floor, flood-proofed
elevation, or the elevation of the lowest portion of the
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horizontal structural members of the lowest floor, whichever, is
applicable, as built, in relation to mean sea level. The
elevation, certificate shall be prepared by or under the direct
supervision of a licensed land surveyor or professional engineer
f, and certified by same, When,flood-proofing is utilized for a
particular building, the flood-proofing certificate shall be
prepared by or under the direct supervision of a licensed
professional engineer or architect and certified by same. Any
further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Local
Administrator shall review all data submitted. Deficiencies
detected shall be cause to issue a Stop Work Order for the
project unless immediately corrected.
§4-3. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
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Duties of the Local Administrator shall include, but not be limited to-
§4.3-1 PERMIT APPLICATION REVIEW
(1) Review all development permit applications to determine that
the requirements of this Local Law have been satisified,
(2) Review all development permit applications to determine that
all necessary permits have been obtained from those Federal,
State or local governmental agencies from which prior
approval is required.
(3) Review all development permit applications to determine if
the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard. For
the purposes of this Local Law, "adversely affects" means
damage to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and
adjacent overbank areas. An engineering study may be
required of the applicant for this purpose.
(i) If there is no adverse effect, then the permit shall be
granted consistent with the provisions of this Local Law.
(ii) If there is an adverse effect, then flood damage
mitigation measures shall be made a condition of the permit.
(4) Review all development permits for compliance with the
provisions of Section 5.1-5, Encroachments, and of any other
applicable local laws.
§ 4.3.2 USE OF OTHER BASE FLOOD DATA
In addition to the base flood elevation data provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING AREAS OF
SPECIAL FLOOD HAZARD, the Local Administrator shall obtain,
review and reasonably utilize any base flood elevation data
available from a Federal, State or other source, including data
developed pursuant to Section 5,1-4(4) in order to administer
Section 5.2, SPECIFIC STANDARDS. when such is available, the
Local Administrator may obtain additional information in order to
administer Section 5.2.
§ 4,3-3 INFORMATT9N TO BE OBTAINED AND MAINTAINED
(1) obtain and record the actual elevation, in relation to mean
sea level, of the lowest floor, including basement or cellar
of all new or substantially improved structures, and whether
or not the structure contains a basement or cellar.
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(2) For all new or substantially improved floodproofed
structures:
(i) obtain and record the actural elevation, in relation to
mean sea level, to which the structure has been
flood-proofed; and
(ii) maintain the -flood-proofing certifications required in
Sections 5.1 and 5.2.
(3) In coastal high hazard areas, certification shall be
obtained from a registered professional engineer or
architect that the provisions of Section 5.3-2(3) are met.
(4) Maintain for public inspection all records pertaining to the
provisions of this Local Law, including variances, when
granted, and Certificates of Compliance.
§ 4.3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities, the Westchester County
Department of Public Works, and the New York State
Department of Environmental Conservation prior to any
alteration, relocation, or narrowing of a watercourse, and
submit evidence of such notification to the Regional
Director, Federal Emergency Management Agency, Region II, 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
§4.3-5 INTERPRETATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between the limits
of the federally identified area of special flood hazard and actual
field conditions.
Base flood elevation data established pursuant to Section 3.2 and/or
Section 4.3-2, when available, shall be used to accurately delineate
the area of special flood hazards.
The Local Administrator shall use flood information from any other
authoritive source, including historical data, to establish the limits
of the area of special flood hazards when base flood elevations are
not available.
§4.3-6 STOP WORK ORDERS
(1) All floodplain development found ongoing without an approved
permit shall be subject to the issuance of a stop work order
issued by the Local Administrator. Disregard of a stop work
order shall be subject to the penalties and other remedies
described in Section 3.5 of this Local Law.
(2) All floodplain development found noncompliant with the
provisions of this law and/or the conditions of the approved
permit shall-be subject to the issuance of a Stop Work Order
issued by the Local Administrator. Disregard of a stop Work
Order shall be subject to the penalties and other remedies
described in Section 3.5 of this Local Law.
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{ §4.3-7 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect
shall make periodic inspections at appropriate times throughout the
period of construction in order to monitor compliance with permit
conditions and enable said inspector to certify that the development
is in compliance with the requirements of either the development
permit or the approved variance.
§4.3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use
or occupancy of any building and/or premises, or part
thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure
until a Certificate of Compliance has been issued by the
Local Administrator stating that the building or land
conforms to the requirements of this local law. "
(2) All other development occurring within the designated flood
hazard area will have upon completion a Certificate of
Compliance issued by the Local Administrator,
All certifications shall be based upon the inspections conducted
subject to Section 4.3-7 and/or any certified elevations, hydraulic
information, floodproofing, anchoring requirements or encroachment
analysis .which may have been required as a condition of the approved
permit.
SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION
§5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are
required;
§5.1-1 ANCHORING
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure. ,
(2) All manufactured homes shall be installed using methods and
practices which minimize flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for
resisting wind forces.
§5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
Lo flood damage.
(2) All new construction and substantial improvements to
existing construction shall be constructed using methods and
practices that minimize flood damage.
§5.1-3 UTILITIES
(1) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or
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accumulating with the components during conditions of
flooding. When designed for location below the base flood
elevation, a professional engineer's or architect's
certification is required;
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(2) All new and replacement water supply systems shall be
designed to minimize or'eliminate infiltration of flood
waters into the system;
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems into
the floodwaters;
(4) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
§5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage and proper
controls on the rate of runoff to prevent flood damage
elsewhere.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
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§5.1-5 ENCROACHMENTS
(1) All proposed development in riverine situations where no
flood elevation data is available (unnumbered A Zones) shall
be analyzed to determine the effects on the flood carrying
capacity of the area of special flood hazards set forth in
Section 4.3-1(3), Permit Review. This may require the
submission of additional technical data to assist in the
determination.
55.2 SPECIFIC STANDARDS
in all areas of special flood hazards where base flood elevation data has
been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD AREAS and Section 4.3-2, USE OF OTHER BASE FLOOD
DATA, the following standards are required:
§5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any resident
structure shall:
(1) have the lowest floor, including basement or cellar,
elevated-to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that are
subject to flooding designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a licensed
professional engineer or architect or-meet or exceed the
( following minimum criteria:
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(i) a minimum of two-openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) the bottom of all such opening shall be no higher than
one foot above the lowest adjacent finished grade;
(iii) openings may be equipped with louvers, valves, screens
or other coverings or devices provided they permit the
automatic entry and exit of floodwaters.
§5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any commercial,
industrial or other non-residential structure, together with attendant
utility and sanitary facilities, shall_either: have the lowest floor,
including basement or cellar, elevated to or above the base flood
elevations; or be flood-proofed 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.
(1) If the structure is to be elevated, fully enclosed areas
below the base flood elevation shall be designed to
automatically (without human intervention) allow for the
entry and exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or
meet the following criteria:
E (i) a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding;
(ii) the bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade; and
(iii) openings may be equipped with louvers, valves, screens
or other coverings.or devices provided they permit the
automatic entry and exit of floodwaters.
(2) If the structure is to be flood-proofed:
(i) a licensed professional engineer or architect shall develop
and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and
methods of construction are in accordance with accepted
standards of practice to make the structure watertight with
walls substantially impermeable to the passage of water,
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(ii) a licensed professional engineer or licensed land surveyor
shall certify the specific elevation (in relation to mean
sea level.) to which the structure is floodproofed.
The Local Administrator shall maintain on record a copy of all such
certificates noted in this section.
§5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS
WITHOUT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of existing
structures including manufactured housing-shall have the
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lowest floor (includi4 basement) elevated at least 2 feet
above the highest adjacent grade next to the proposed
foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically (without
human intervention) allow for the entry and exit of
floodwaters for the purpose of equalizing hydrostatic flood
forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed
professinal engineer or a licensed architect or meet the
following criteria
(i) a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding;
(£i) the bottom of all such openings shall be no higher than
one foot above the lowest adjacent finished grade;
(iii) openings may be equipped with louvers, valves, screens
or other coverings or devices provided they permit the
automatic entry and exit of floodwaters.
§5.3 COASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within the areas of
special flood hazard established in Section 3.2. These areas have special
flood hazards associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, the following provisions shall apply:
§5.3-1 LOCATION OF STRUCTURES
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All buildings or structures shall be located landward of the reach of
the mean high tide.
§5.3-2 CONSTRUCTION STANDARDS
(1) Elevation Standards
All new construction or,substantial improvements shall be
elevated on pilings, columns (or shear walls) such that the
lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing
attached to the piles or columns, grade beams, pile caps and
other members designed to either withstand storm action or break
away without imparting damaging loads to the structure) is
elevated to or above the level of the base flood so as not to
impede the flow of water.
(2) Determination of Loading Forces
Structural design shall consider the effects of wind and water
loads acting simultaneously during the Base Flood on all building
components. Equations, procedures. and other,,guidance for
determining and utilizing design values for these loadings are
available in the documents referenced in section 13.
(i) Water Loads
The structural design shall be adequate to resist water
forces that would occur during the Base Flood. Horizontal
water loads considered shall include inertial and drag
forces of waves, current drag forces, and impact forces
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f from waterborne storm"debris, Dynamic uplift loads shall
also be considered if bulkheads; wall, or other natural
man-made flow obstructions could cause wave runup beyond the
elevation of the base flood.
(iii) Wind Loads
(a) Buildings shall be designed and constructed to
resist the forces due to wind pressure. Wind forces
on the superstructure include windward forces on
vertical walls, uplift on the roof, internal forces
when openings allow wind to enter the house, and
upward force on the underside of the house when it
is exposed. In the design, the wind should be
assumed to blow potentially from any lateral
direction relative to the house.
(b) Design wind pressures on a building and its
components shall be derived from wind velocities
associated with storms with a 100 year mean
recurrence interval. The 100 year design wind
velocity is to be taken as 95 mph. The design
method to be used is set forth by the American
National Standards Institute, Section A58.1-1982.
(3) Foundation Standards
(i) The pilings or column foundation and structure attached
thereto shall be adequately anchored to resist flotation,
collapse or lateral movement due to the effects of wind and
high velocity water loads acting simultaneously on all
{ building components. Foundations must be designed to
transfer safely to the underlying soil all loads due to
wind, water, dead load, live load and other loads (including
uplift due to wind and water).
(ii) Spread footings and fill material shall not be used for
structural support of a new building or substantial
improvement of an existing structure.
(k) Pile Foundation Design Standards
(i) Pile Spacing
The design ratio of pile spacing to pile diameter shall not
be less than 8,1 for individual piles; however, this would
not apply to pile clusters located below the design grade.
The maximum center-to-center spacing of wood piles shall not
be more than 12 feet on center under load bearing sills,
beams, or girders.
(ii) Pile Embedment
Pilings shall have adequate soil penetration (bearing
capacity) to resist the combined wave and wind loads
(lateral and uplift) associated with the Base Flood acting
simultaneously with typical structure (live and dead) loads,
and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the
piles. The minimum penetration for foundation piles is to
an elevation of 5 feet below mean sea level (msl) datum if
the BFL is +10 msl or less, or to a least 10 feet below msl
of the BFE is greater than +10 msl.
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(iii) Column Action -.
i
Pile foundation analysis shall also include consideration of
piles in column action from the bottom of the structure to
the stable soil cicvtion of the site. Pilings may be
horizontally or diagonally braced to withstand wind and
water forces.
(iv) Pile Standards
(a) 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 AWPA-C3) to
minimize decay and damage from fungus.
(b) Reinforced concrete piles shall be cast of concrete
having a 28-day ultimate compressive strength of not less
than 5,000 pounds per square inch, and shall be reinforced
with a minimum of four longitudinal steel bars having a
combined area of not less than 1 percent nor more than 4
percent of the gross concrete area. Reinforcement for
precast piles shall have a concrete cover of not less than
1 114 inches for No. 5 bars and smaller and not less than
1 1/2 inches for No. 6 through No. 11 bars. Reinforcement
for piles cast in the field shall have a concrete cover of
not less than 2 inches.
(v) Pile Installation
Piles shall. be drived by means of a pile driver or drop
hammer, jetted, or augered into place,
i
(vi) Bracing
(a) Additional support for piles in the form of bracing may
include lateral or diagonal bracing between piles.
(b) When necessary, piles shall be braced at the ground
line in both directions by a wood timber grade beam or a
reinforced concrete beam. These at-grade supports should be
securely attached to the piles to provide support even if
scoured from beneath.
(c) Diagonal bracing between piles, consisting of
2-inch by 8-inch (minimum) members bolted to the piles,
shall be limited in location to below the lowest supporting
structural member and above the stable soil elevation, and
aligned in the vertical plane along pile rows perpendicular
to the shoreline. Galvanized steel rods (minimum diameter
1/2 inch) or cable type bracing is permitted in any plane.
(d) Knee braces, which stiffen both the upper portion of a
pile and the beam-to-pile connection, may be used along pile
rows perpendicular and parallel to the shoreline. Knee
braces shall be 2-by-8 lumber bolted to the sides of the
pile/beam, or 4--by-4 or larger braces framed into the
pile/beam., Bolting shall consist of two 518-inch galvinized
steel bolts (each end) for 2-by-8 members, or one 518-inch
lag bolt (each end) for square members, Knee braces shall
not extend more than 3 feet below the elevation of the base
flood.'
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t
(5) Column Foundation Design
Masonry piers or poured-in-place concrete piers shall be
internally reinforced to resist vertical and lateral loads,
and be connected with a moment-resisting connection to a
pile cap or pile shaft.
(6) Anchoring Standards
All buildings and structures must have all components
adequately anchored and continuously connected from the
foundation to the roof, to prevent flotation, collapse, or
permanent lateral movement during the Base Flood concurrent
with the 100 year design wind velocity.
(7) • Connectors and Fasteners
Galvanized metal connectors, wood connectors, or bolts of
size and number adequate for the calculated loads must be
used to connect adjoining components of a structure. Toe
nailing as a principal method of connection is not
permitted. All metal connectors and fasteners used in
exposed locations shall be steel, hot-dipped galvanized
after fabrication. Connectors in protected interior
locations shall be fabricated from galvinized sheet.
(8) Beam to Pile Connections
The primary floor beams or girders shall span the supports
in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the
columns or pilings by bolting, with or without cover
plates. Concrete members shall be connected by
reinforcement, if cast in place, or (if precast) shall be
securely connected by bolting or welding. if sills, beams,
or girders are attached to wood piling at a notch, a minimum
of two (518)-inch galvanized steel bolts or two hot-dipped
galvanized straps 3116 inch by 4 inches by 18 inches each
bolted with two 112 inch lag bolts per beam member shall be
used. Notching of.pile tops shall be the minimum sufficient
to provide ledge support for beam members without unduly
weakening pile connections. Piling shall not be notched so
that the cross section is reduced below 50 percent.
(9) Use of Space Below the Lowest Elevated Floor
(i) The space below the lowest floor of all new construction
or any existing building that is being altered, repaired or
improved after the effective date of this Local Law shall be
either kept free of obstructions or constructed with
non-supporting breakaway walls, open wood lattice-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.
(ii) The enclosed space below the lowest floor shall be used
only for parking of vehicles, building access or storage.
Use of this space for human habitation is expressly
prohibited. The construction of stairs, stairwells and
elevator shafts only are subject to the design requirements
for breakaway walls in Section 5.3-2(10).
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f �
(10) Breakaway Wall Design Standards
(i) A breakaway wall shall have a design safe loading
resistance of not less than 10 and not more than 20 pounds
per square foot.
(ii) Grade beams shall be installed in both directions for
all piles considered to carry the breakaway wall load. (Knee
braces are required for front row piles that support
breakaway walls.)
(iii) Use of breakaway walls exceeding a design safeloading
resistance of 20 pounds per square foot are permitted only
if a licensed professional engineer or architect certifies
in writing to the Local Administrator that the designs
proposed meet the following conditions:
(a) breakaway wall collapse shall result from a water
load less than that which would bccur during the
base flood; and
(b) the elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the
effects of wind and water loads acting
simultaneously on all building components. Maximum
wind and water loading values to be used in this
determination shall each have one percent chance of
being equalled or exceeded in any given year
(100-year mean recurrence interval).
1 (11) Utilities
All machinery and equipment servicing the building must be
elevated to or above the level of the base flood, including_
heating, ventilating, and air conditioning equipment, hot
water heaters, appliances, elevator lift machinery, and
electrical junction and circuit breaker boxes. Sanitary
sewer and storm drainage that have openings below the level
of the base flood shall be provided with automatic back€low
valves or other automatic backflow devices that are
installed in each discharge line passing through a building
exterior wall.
(12) Certification Requirements
For all new construction and substantial improvements to
residential structures in the Coastal High Hazard Area,
applications for development permits shall be accompanied by
design plans and specifications, prepared in sufficient
detail to enable independent review of the foundation
support and connnection components to be used in meeting
Section 5.3-2(1-11) of this Law. 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 that architect or
engineer, certifying that the design and methods of
construction to be used are in accordance with accepted
standards of practice and with all applicable provisions of
this Law.
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(13) Reference Documents
Standard reference documents for use with this Law in
determining design wind and water farces on structures are;
Wind -- American National Standards Institute,Inc., Minimum
Design Loads for Buildings and Other Structures, ANSI
A58,1-1092 New York, 1982),
Water -- Waterways Experiment Station, Shore Protection
Manual (two volumes) Department of the Army, Corps of
Engineers,Coastal Engineering Research Center (1984).
Guidance on the application of information from above
reference documents, together with other design data and
procedures, is provided in:
Federal Emergency Management Agency, Coastal Construction
Manual. (Washington, D.C., 1986), ,
§5,3-3 DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which would increase
potential flood damage. Any disturbance of sand and/or earthen
material shall be conducted in strict compliance with State or
local coastal Erosion Hazard Area regulations.
65.3-4 SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS
(1) The applicant for a Development Permit for all new
construction or substantial improvements shall submit in
writing to the Local Administrator the followings
(i) a statement certifying whether or not the structure
contains a basement; and
(ii) the elevation (in relation to mean sea level) of the
bottom of the lowest structural member of the lowest floor
of the structure. The elevation shall be certified by a
licensed professional engineer or land surveyor.
(2) The Local Administrator shall maintain a record of all
information required under paragraph (1) of this Section.
§5.4 REGULATORY FLOODWAY
Located within areas of special flood hazard established in Section
3.2 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erosion potential, the
following provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a
technical evaluation demonstrates that encroachments shall not
result in any increase in flood levels during the occurrence of
the base ,flood discharge.
(2) If Section 5.4 (1) is satisfied, all new construction and
sustantial improvements shall comply with all applicable flood
hazard reduction provisions of Section 5.8 Provisions for Flood
Hazard Reduction.
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{ SECTION 6.0 VARIANCE PROCEDURE
46.1 APPEALS BOARD
(1) The Planning Board, as established by the Town Board of the Town
of Mamaroneck, shall hear and decide appeals and requests for
variances from the requirements of this Local. Law.
(2) The Planning Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the Local Administrator in the enforcement
or administration of this Local Law.
(3) Those aggrieved by the decision of the Planning Board, may appeal
such decision to the Supreme Court pursuant to Article 78 of the
Civil Practice Law and Rules, within 30 days of the filing of
said decision.
(4) In passing on such application, the Planning Board, shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this Local Law ands
(i) the danger that materials may be swept onto other lands
to the injury of others;
(ii) the danger to life and property due to flooding or
erosion damage;
(iii) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on
the individual owner;
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront location,
where applicable;
(vi) the availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
(vii) the compatibility of the proposed use with existing
and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program of
that area.
(ix) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(x) the costs to local governments and the dangers
associated with conducting search and rescue operations
during periods of flooding;
(xi) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the site;
and
(xii) the costs of providing governmental services during
and after flood conditions, including search and rescue .
operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems
and streets and bridges.
{
(5) Upon consideration of the factors of Section 6.1(4) and the
purposes of this Local Law, the Planning Board may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of this Local Law.
(.6) the Local Administrator shall maintain the records of all appeal
actions including technical information and report any variances
to the Federal Emergency Management Agency upon request.
§6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre
or Jess in size.contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
provided items (i-xii) in Section 6.1 (4) have been fully
considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance
Increases.
(2) Variances may be issued for the reconstruction, 'rehabilitation or
restoration of structures and contributing structures listed on
the National Register of Historic Places or the State Inventory-
of Historic Places, without regard to the contributing structures
procedures set forth in the remainder of this section.
(3) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(i) the criteria of subparagraphs 1,4,5,and 6 of this section
are met;
(ii) 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.
(4) Variances shall not be issued within any designated floodway if
any--:increase in flood levels during the base flood discharge
would result.
(5) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(6) Variances shall only be issued upon receiving written
justification:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(iii) determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with
the lowestAloor below the base flood elevation shall he given
written notice that the cost of flood insuance will be
commensurate with the increased risk resulting from lowest floor
elevation.
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i
SECTION 7
Local Law No. 1 of 1979 is hereby repealed.
SECTION 8
This local Law shall take effect immediately.
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