Local Laws and Ordinances

Incorporated Village of Shoreham

Local Law 83-1

Flood Damage Prevention Ordinance

SECTION 4 - ADMINISTRATION

4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT

A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Building Inspector as provided for in Article XII Section 1201 of the Ordinances of the Village of Shoreham. Specifically, the following information shall be required:

  1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

  2. Elevation in relation to mean sea level to which any structure has been flood-proofed;

  3. Certification by a registered professional engineer or architect that the floodproofing methods for any non residential structure meet the floodproofing criteria in Section 5.2-2;

4.2 DESIGNATION OF THE BUILDING INSPECTOR

The Building Inspector is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR

Duties of the Building Inspector shall include, but not limited to:

4.3.1 Permit Review

  1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

  2. Review all development permits 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 plans for walls to be used to enclose space below the base flood level in accordance with Section 5.3-2(4).

4.3.2 Information To Be Obtained And Maintained

  1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

  2. For all new substantially improved floodproofed structures:

    1. verify and record the actual elevation (in relation to mean sea level), to which the structure has been floodproofed, and

    2. maintain the floodproofing certifications required in Section 4.1(3).

  3. Maintain for public inspection all records pertaining to the provisions of this ordinance.

4.3.3 Alteration of Watercourses

  1. Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

  2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

4.3.4 Interpretation of FIRM Boundaries

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions.)

4.4 VARIANCE PROCEDURE

4.4.1 Appeal Board

  1. The Board of Appeals as established by The Village of Shoreham shall hear and decide appeals requests for variances from the requirements of this ordinance.

  2. The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this ordinance.

  3. Those aggrieved by the decision of the Board of Appeals, or any taxpayer, may appeal such decision to the County Court, as provided in the New York State Constitution, Article 6, Section II.

  4. In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

    1. the danger that materials may be swept onto other lands to the injury of others;

    2. the danger of life and property due to flooding or erosion damage;

    3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

    4. the importance of the services provided by the proposed facility to the community;

    5. the necessity to the facility of a waterfront location, where applicable;

    6. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

    7. the compatibility of the proposed use with existing and anticipated development;

    8. the relationship of the proposed use to the comprehensive plan and flood plain management program of that area;

    9. the safety of access to the property in times of flood for ordinary and emergency vehicles;

    10. 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,

    11. 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.

  5. Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

  6. The Building Inspector shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

4.4.2 Conditions for Variances

  1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.

  2. Variances shall only be issued upon:

    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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.4-1(4), or conflict with existing local laws or ordinances.
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