Special provisions applying to the FPOD District.
Any development which becomes subject to the regulations of this district shall meet the following requirements in addition to those otherwise applicable to it under this chapter:
(1) Site plan approval. In accordance with procedures established in
Article V: Site Plan Approval, the Planning Board shall render site plan approval or approval with conditions on all affected developments according to
§ 500-10C. Such approval shall be considered to fulfill the permit requirement as designated by the Federal Insurance Administration. In addition to requirements of
Article V: Site Plan Approval, the following shall be submitted for site plan review and approval:
(a) The location of the land or structure involved showing its relationship to the floodplain, floodway and any drainageway, water body or channel.
(b) The elevation of the lowest habitable floor level, including basements, and its relationship to the base flood elevation and the insurance risk rate established by the Federal Insurance Administration's Flood Insurance Study.
(c) An evacuation plan for the development in periods of major flooding.
(d) The design and placement of the water supply and on- or off-site sewage systems. Such systems shall be so designed as to minimize or eliminate infiltration of floodwaters into the systems. Discharges from the systems into floodwaters shall not contaminate surface water from disposal systems. Such systems shall be designed to avoid impairment of the system during flood periods.
(e) The design and placement of all public utilities and facilities to minimize or eliminate flood damage.
(f) A drainage plan to reduce exposure to flood hazards.
(2) All structures or land subdivision shall meet the following flooding requirements:
(a) All uses shall include floodproofing measures consistent with the base flood protection elevation and associated flood factors for the particular area in which construction is to take place.
(b) Any structure built on pilings shall be constructed with the lowest floor elevation to at least two feet above the base flood elevation.
(c) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least two feet above the base flood elevation.
(d) Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at least two feet above the base flood elevation or, together with attendant utility and sanitary facilities, shall:
[1] Be floodproofed below a point two feet above the base flood level such that the structure is watertight with walls substantially impermeable to the passage of water;
[2] Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[3] Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied.
(e) Manufactured homes. All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
[1] Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations with mobile homes less than 50 feet long requiring one additional tie per side.
[2] Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.
[3] All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[4] Any additions to the manufactured home shall be similarly anchored.
(f) For new manufactured home parks and mobile home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured home park or manufactured home subdivision, the following requirements shall apply:
[1] Stands or lots shall be elevated on compacted fill or on pilings, so that the lowest floor of the manufactured home will be two feet above the base flood level;
[2] Adequate surface drainage and access for a hauler shall be provided; and
[3] In the instance of elevation on pilings, that:
[a] Lots shall be large enough to permit steps;
[b] Piling foundations shall be placed in stable soil no more than 10 feet apart; and
[c] Reinforcement shall be provided for pilings more than six feet above the ground level.
(3) A written statement shall be submitted, indicating the status of the project according to the New York State Environmental Quality Review Act (SEQRA), Section 404 of the Federal Water Pollution Control Act or any other applicable review.
(4) All structures shall not cover a greater area than 25% of the total lot area.
(5) Parking lot and paved storage areas shall not encompass more than 25% of the total area, and they shall be paved with materials and/or in such a way that water can penetrate to the soil below for groundwater storage and recharge purposes. This shall not mean that less parking than what is required in the primary district will be allowed or that normal construction practices will be waived.
(6) Floodproofing measures shall conform to the New York State Building Code and the National Flood Insurance Program requirements. The Planning Board shall require that the applicant submit a plan certified by a registered professional engineer or architect to ensure that the floodproofing measures are consistent with the:
(a) Flood protection elevation.
(b) The Federal Insurance Administration requirements for floodproofing of structures.
(c) Associated flood factors for the particular area.
(d) The following floodproofing measures shall be required as a minimum. Other requirements may be imposed to protect life and property in the community.
[1] Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2] Construction materials and methods.
[a] All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[b] All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
[3] Utilities.
[a] All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[b] New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems to floodwaters.
[c] On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
[4] Subdivision proposals.
[a] All subdivision proposals shall be consistent with the need to minimize flood damage.
[b] All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
[c] Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
(7) Any altered or relocated portion of any watercourse must maintain its flood-carrying capacity.
(8) In making a determination on variances, the Zoning Board of Appeals shall consider the following factors in addition to its normal review procedures, according to
Article IX: Variances of this chapter. The exact location of the FPOD District boundaries shall be as delineated by the final (FEMA) Flood Insurance Study for the Town of Chili, effective date August 28, 2008, as shown on the Flood Insurance Rate Map (FIRM) for Black Creek and the Genesee River and by the Corps of Engineers Floodplain Information for Little Black Creek on file in the Department of Public Works and Building Department.
(a) The danger that materials may be swept onto other lands to the injury of others.
(b) The danger to life and property due to flooding or erosion damage.
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) The importance of the services provided by the proposed facility to the community.
(e) The necessity to the facility of a waterfront location, where applicable.
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g) The compatibility of the proposed use with existing and anticipated development.
(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j) The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
(9) Upon consideration of the above factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(10) The Town Clerk of the Town of Chili shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
Special procedures applying to the FPOD District.
The Town, in addition to its normal review procedures, shall do the following:
(1) Review proposed developments to ensure that all necessary permits and reviews have been approved or completed as required by law, including but not limited to the New York State Environmental Quality Review Law (SEQR), Section 404 of the Federal Water Pollution Control Act or the New York State Freshwater Wetlands Act.
(2) The Department of Environmental Control and any adjacent communities shall be notified of any alterations or relocations of any waterways within the Town of Chili. Copies of such notification shall be submitted to the Federal Insurance Administrator. Maintenance easements must be a part of and provided with any alteration or relocation of any waterway so that flood-carrying capacity is not diminished.
(3) Maintain a record file of all affected projects and subdivisions to include:
(a) An as-built drawing or map indicating the base flood elevation [in relation to mean sea level (MSL)] for the site, the ground elevation (mean sea level) of the exterior of the proposed construction, if any, the elevation (mean sea level) of the lowest habitable floor, including the basement, if any, and the height, elevation or special flood design or construction techniques used.
(b) The approved evacuation plan as filed with the disaster preparedness authorities (civil defense, fire, police and ambulance services).
(c) A record of all approvals, reviews and correspondence.
