[Added 8-23-88 by L.L. No. 2-1988]
Unless the context otherwise clearly requires, the following terms shall have the meanings indicated:
ADVERSE AFFECT - Damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and adjacent overbank areas.
APPEAL - A request for a review of the interpretation of any provision of this Article by the Department of Engineering, Building and Housing, or it shall mean an application for a variance.
AREA OF SHALLOW FLOODING - A designated AO or VO Zone on a community's Flood Insurance Rate Map with base flood depths from one (1) to three (3) 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 - 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, A1-99, V, VO, VE or V130. It is also commonly referred to as the 'base floodplain' or 'one-hundred-year floodplain.'
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, which is not part of the structural support of the building and which is so designed as to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING - Any structure built for support, shelter or enclosure for occupancy or storage.
CELLAR - Basement.
COASTAL HIGH-HAZARD AREA - 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 - Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
ELEVATED BUILDING - A nonbasement 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 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 defined, but no water surface elevation is provided.
FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary Map and the water surface elevation of the base flood.
FLOOD PROOFING - Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structure and contents of buildings. With regard to structural additions, changes or adjustments, "flood proofing shall further mean watertight with walls substantially impermeable to passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and affects of buoyancy.
FLOOR - The top surface of an enclosed area in a building, including basement, i.e. the top of the slab in concrete slab construction, or the top of wood flooring in wood frame construction.
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. The term does not include long-term storage, manufacture, 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.
LOCAL ADMINISTRATOR - The Director of the Department of Engineering, Building and Housing, or a Deputy Director thereof charged with the responsibility of the administration of this Article by the Director.
LOWEST FLOOR - 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 nonelevation design requirements of this Article.
MANUFACTURED HOME - A structure, transportable in one (1) 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 also includes park trailers, travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.
MEAN SEA LEVEL - The National Geodetic Vertical Datum (NGVD) of 1929, or other vertical datum, to which the flood elevation shown on a community's Flood Insurance Rate Map are referenced.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) - That vertical datum corrected in 1929 by the United States Government, and used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this article.
ONE-HUNDRED-YEAR FLOOD - The level of flood that, on the average, is likely to occur once every one hundred (100) years in the Town of Huntington, New York.
PRINCIPALLY ABOVE GROUND - That at least fifty-one percent (51%) of the actual cash value of construction, excluding land value, is above ground.
SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION - The initiation, excluding planning and design, or 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, etc.), storage trailers and building materials.
STRUCTURE - A walled and roofed building or gas or liquid storage tank that is principally above ground.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either before the improvements or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this article, substantial improvement" is deemed to commence when the first alterations of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure; provided that the term excludes:
A. 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
B. Any alteration of a structure or contributing structure listed on the National Register of Historical Places or State Inventory of Historic Places.
VARIANCE - A grant of relief from the application of the provisions of this article permitting construction otherwise prohibited by the provisions of this article.
[Amended 12-6-1994 by Ord. No. 94-ZC-21; 6-11-1996 by Ord. No. 96-ZC-11; 5-5-1998 by L.L. No. 19-1998]
This article shall apply to all areas of special flood hazard within the jurisdiction of the Town of Huntington, Suffolk County, New York, identified as Community No. 360796. The areas of special flood hazard for the Town of Huntington are identified and defined on the following documents prepared by the Federal Emergency Management Agency- a scientific and engineering report entitled 'Mood Insurance Study, Suffolk County, New York (all jurisdictions)," dated May 4, 1998; Flood Insurance Rate Map for Suffolk County, New York (all jurisdictions), as shown on Index No. 36103CO000, and panel(s) 0303, 0304, 0308, 0309, 0311, 0312, 0313, 0314, 0316, 0317, 0318, 0319, 0336, 0337, 0338, 0339, 0341, 0343, 0602, 0605, 0610, 0615, 0620, 0630, 0635, 0640, 0645, whose effective date is May 4, 1998. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Department of Engineering Services. The following regulations shall apply in Special Flood Hazard Zones A, AE, AH, AO, A99, V and VE on the community's Flood Insurance Rate Map (FIRM):
A. No structure, storage of material or equipment or other use within these districts or zones may be allowed which, acting alone or in combination with existing of future uses, will significantly increase flood damages to other lands or accelerate erosion.
B. Electric, telephone and cable television service, if located underground, shall be waterproofed and have the junction or terminal boxes located above the one hundred-year-flood level, except in commercial or industrial buildings of waterproof construction, in which case the conduit, cable, terminal and/or junction boxes must be gasketed waterproof construction meeting National Electrical Manufacturers Association standards if located externally to the building.
C. All vents of sewage systems shall be solid pipe termination located at least one (1) foot above the one-hundred-year-flood level. All fixtures, except in watertight structures, shall be located above the one-hundred-year-flood level. All fixtures in watertight structures below the one-hundred-year-flood level shall be equipped with special shutoff valves so that they may be closed during flood conditions. Permanent signs giving instructions as to the manner in which valves can be closed must be posted near each fixture.
D. Manhole covers on individual or public sewer systems below the one-hundred-year-flood level shall have watertight covers for the manhole frames.
E. Sewer service piping shall be watertight from the main sewage disposal system to above the one-hundred-year-flood level or the interior of a waterproofed structure and shall be anchored to prevent flotation.
F. Material for sewer service or disposal systems shall be water resistant.
G. Where individual sewage disposal has been approved by local and state authorities, the following additional requirements shall be met if such system is located below the one-hundred year-flood level:
(1) The minimum horizontal distance of any part of the system from a shoreline or mean sea level shall be one hundred (100) feet
(2) Septic tanks shall be designed to prevent flotation if below the one-hundred-year-flood level.
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
H. No heating system shall be located below the one-hundred year-flood level unless enclosed in a watertight structure.
I. Building permit applications from the Department of Engineering, Building and Housing shall be required for all proposed construction or other development or improvements of existing structures, the cost of which equals or exceeds fifty percent (50%) of the market value of the existing structure. In addition, the applicant shall obtain all necessary permits from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1334.
J. All new construction and substantial improvements of existing structures, including the placement of prefabricated buildings, shall be designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure; constructed with materials and utility equipment resistant to flood damage; and constructed by methods and practices that minimize flood damage.
K. Consistent with the need to minimize flood damage, all subdivision proposals shall be reviewed to assure that
(1) All proposals for subdivisions and other proposed new development shall include within such proposals base flood elevation data.
(2) All subdivision proposals and other new developments shall have public utilities and facilities (including on-site systems), such as sewer, gas, electrical and water systems located and constructed to minimize flood damage and shall provide drainage adequate to reduce exposure to flood hazards.
L. In the A1-30, AO and unnumbered A Zones, all new construction and substantial improvements of residential structures shall have:
(1) The lowest floor, including basement, elevated to or above the level of the one-hundred-year-flood.
(2) 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:
(a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.
(b) The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade.
(c) Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
M. In the A1-30, AO and unnumbered A Zones, all new construction and substantial improvements of nonresidential structures shall have the lowest floor, including the basement, elevated to or above the level of the one-hundred-year-flood or, together with attendant utility and sanitary facilities, floodproofed to or above the one-hundred-year-flood in accordance with the following standards:
(1) Below the base flood level, the structure shall be watertight with walls substantially impermeable to the passage of water.
(2) Structural components must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(3) Where flood proofing is utilized, a registered professional engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. Such certificates shall indicate the specific elevation, in relation to mean sea level, to which such structures are floodproofed.
(4) If the structure is to be elevated, its construction shall also comply with the criteria established by §19812.2L(2).
N. The Department of Engineering, Building and Housing shall maintain records of the following.
(1) The elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures; and
(2) If the nonresidential structure has been floodproofed, records of the engineer's or architect's certificates required by §198-12.2M(3).
O. The placement of mobile homes within these zones is prohibited.
P. In areas of special flood hazard for which base flood elevations do not exist
(1) New construction or substantial improvements of structures including manufactured homes shall have the lowest floor, including basement, elevated at least two (2) feet above the highest adjacent grade next to the proposed foundation of the structure.
(2) All construction shall also comply with the criteria established by §198-12.2L.
Q. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
R. The following provisions apply in the coastal high-hazard areas (V1-30 and VO Zones), which have special flood hazards associated with high velocity waters from tidal surges and the hurricane wave wash:
(1) All buildings or structures shall be located landward of the reach of the mean high tide.
(2) All buildings or structures shall be elevated so that the bottom of the lowest portion of the horizontal structural members is located no lower than the base flood elevation level, with all space below the lowest floor's supporting member, open so as not to impede the flow of water, except for breakaway walls as provided for in Subsection RM, (8), (9) and (10).
(3) To restrain flotation collapse and lateral movement due to the effect of wind and high velocity, all buildings or structures shall be securely anchored on pilings or columns.
(4) Pilings or columns used as structural support and the structure supported thereby shall be designed and anchored so as to withstand all applied loads of the base flood flow.
(5) There shall be no fill used for structural support.
(6) Compliance with the provisions of Subsection R(2), (3) and (4) shall be certified to by a registered professional engineer or architect
(7) The space below the lowest floor of all new construction or any existing building that is substantially being altered, repaired or improved after the effective date of this Article either shall be kept free of obstruction or constructed with nonsupporting 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.
(8) A breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot Use of breakaway walls exceeding a design safe loading resistance of twenty (20) pounds per square foot is permitted only if a duly licensed professional engineer or architect certifies in writing to the local administrator that the designs proposed met the following conditions:
(a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood.
(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 (structural and nonstructural). Maximum wind and water loading valves to be used in this determination shall each have a one-percent chance of being equaled or exceeded in any given year (on a hundred-year mean recurrence interval).
(9) 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 prescribed in Subsection R(8) hereof.
(10) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Engineering, Building and Housing Department for approval.
(11) 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 regulations.
