[Effective 2-17-1979; 3-15-1985; 10-31-1987; 2-11-1995; 12-10-1995; 9-11-2009]
A. Findings. The Town Board of the Town of Hempstead finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Hempstead 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 article is adopted.
B. Statement of purpose. It is the purpose of this article 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 floodwaters;
(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 floodwaters or which may increase flood hazards to other lands; and
(6) Qualify for and maintain participation in the National Flood Insurance Program.
C. Objectives. The objectives of this article 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 facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges, located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To provide that developers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
A. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. As used in this article, the following terms shall have the meanings indicated:
APPEAL - A request for a review of the local administrator's interpretation of any provision of this article 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 unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this article, the term "special flood hazard area" (SFHA) is synonymous in meaning with the phrase "area of special flood hazard."
BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year.
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 is intended through its design and construction to collapse under specific lateral loading fortes 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 a FIRM as Zone V1-V30, VE, VO or V.
CRAWL SPACE - An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces, which would be experienced during periods of flooding.
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 nonbasement building built, in the case of a building in Zone A1-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 Zone 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 adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or 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 floodwaters. In the case of Zone 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.
FEDERAL EMERGENCY MANAGEMENT AGENCY - The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOOD WAY 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 flood way along watercourses 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."
FLOOD OR FLOODING
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(2) 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 Subsection (1)(a) of this definition.
FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any source. (See the definition of "flooding.")
FLOODPROOFING - Any combination of structural and nonstructural 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.
FLOOD WAY - Has the same meaning as "regulatory flood way."
FUNCTIONALLY DEPENDENT USE - 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 facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
(1) 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;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 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
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR - The person appointed by the community to administer and implement this article by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
LOWEST FLOOR - The 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 structure in violation of the applicable nonelevation design requirements of this article.
MANUFACTURED HOME - A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term 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, the North American Vertical Datum of 1988 (NAVD 88), 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."
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.
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 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 GROUND - That at least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE - A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD WAY - 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 § 351E(2) of this article.
SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION - The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% 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% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure 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
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE - A grant of relief from the requirements of this article, which permits construction or use in a manner that would otherwise be prohibited by this article.
A. Applicability. This article shall apply to all areas of special flood hazard within the jurisdiction of the Town of Hempstead, Nassau County.
B. Basis for establishing the areas of special flood hazard.
(1) The areas of special flood hazard for the Town of Hempstead, Community No. 360467, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Effective 7-16-2013]
(a) Flood Insurance Rate Map Panel Nos. 36059C0140G, 36059C0145G, 36059C0194G, 36059C0210G, 3605900211G, 36059C0212G, 36059C0213G, 36059C0214G, 36059C0216G, 36059C0217G, 36059C0218G, 36059C0219G, 36059C0226G, 36059C0227G, 36059C0228G, 36059C0229G, 36059C0235G, 36059C0236G, 36059C0237G, 36059C0238G, 36059C0239G, 36059C0241G, 36059C0242G, 36059C0243G, 36059C0244G, 36059C0251G, 36059C0253G, 36059C0261G, 36059C0263G, 36059C0282G, 36059C0284G, 36059C0292G, 36059C0301G, 36059C0302G, 36059C0303G, 36059C0304G, 36059C0306G, 36059C0307G, 36059C0308G, 36059C0309G, 36059C0311G, 36059C0312G, 36059C0316G, 36059C0317G, 36059C0331G, 36059C0332G, 36059C0333G, 36059C0334G, 36059C0336G, 36059C0337G, 36059C0338G, 36059C0339G, 36059C0341G, 36059C0342G, 36059C0343G, 36059C0351G, 36059C0353G, 36059C0354G, 36059C0361G, and 36059C0362G, whose effective date is September 11, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
(b) A scientific and engineering report entitled "Flood Insurance Study, Nassau County, New York, All Jurisdictions" dated September 11, 2009.
(2) The above documents are hereby adopted and declared to be a part of this article.
(3) The flood insurance study and/or maps are on file at: the Department of Engineering, 350 Front Street, Hempstead, 11550.
C. Interpretation and conflict with other laws.
(1) This article includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(2) In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this article 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.
D. Severability. The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.
E. Penalties for noncompliance. No structure in an area of special flood hazard 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 article and any other applicable regulations. Any infraction of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Hempstead from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this article for which the developer and/or owner has not applied for and received an approved variance under § 353 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
F. Warning and disclaimer of liability. The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the Town of Hempstead, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made there under.
