A. Building permit

(1) In addition to the requirements of the Building Code or other provisions of this chapter, no construction or development of any kind within a special flood hazard area shall occur, until after said construction or development has been the subject of a building permit issued by the local administrator and in effect at the time, and unless said building permit is endorsed by the local administrator for compliance with the provisions of this Article.

(2) It shall be an offense for any construction or development in a special flood hazard area to occur which is not the subject of a valid building permit issued pursuant to this Article. Each day on which any such construction or development is not the subject of such a valid building permit shall constitute a separate offense.

B. Application for building permit.

(1) In addition to the requirements imposed upon applicants for building permits elsewhere in this Code, each applicant for a building permit in a special flood hazard area shall submit the following information on forms prescribed by the local administrator:

(a) Duplicate plans, drawn to scale, showing the nature, location, dimensions and elevations of the site in question, existing and proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing on said site.

(b) Elevation in relation to mean sea level of the proposed lowest floor, including any basement or cellar, of all structures.

(c) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

(d) Any required certificate of a duly licensed professional engineer or architect that utility floodproofing will meet the criteria of §198-12.2.

(e) Any required certificate of a duly licensed professional engineer or architect that a nonresidential floodproofed structure will meet the criteria of §198-12.2.

(f) A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development

(g) A statement certifying whether or not each structure contains a basement

(h) A certificate by a duly licensed professional engineer or land surveyor of the elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor of the structure.

(2) In the event of a conflict between the limits of any special flood hazard area and actual field conditions, the local administrator is empowered to resolve such a conflict in the exercise of discretion. When available, base flood elevation data established under §198-12.2 or this section shall be used to delineate accurately any special flood hazard area. Flood information from any other authoritative source, including historical data, may be used to establish the limits of any area of special flood hazard, where base flood elevations are not available.

C. Issuance, suspension and revocation of building permits.

(1) The local administrator shall have the power and duty to grant or deny applications for building permits and certificates of occupancy under this Article. The local administrator shall review or cause to be reviewed each application for a building permit under this Article to determine its satisfaction of all of the provisions of this Article; determine if all permits necessary under federal, state or other law have been obtained; determine if the proposed construction or development will adversely affect the flood-carrying capacity of any special flood hazard area; an engineering study at the sole cost and expense of the applicant may be required by the local administrator; upon a determination of adverse affect, the local administrator shall impose flood mitigation measures as a condition to the grant of any permit application. The local administrator shall require that maintenance is provided within any altered or relocated portion of any watercourse to prevent diminishment of its flood-carrying capacity.

(2) In order to administer the requirements of §198-12.2, the local administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, where base flood elevation data has not been provided pursuant to §198-12.2.

(3) The local administrator shall notify adjacent municipalities, if any, and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse. Evidence of such notification shall be given to the Regional Director of the Federal Emergency Management Agency.

D. Inspection; stop-work orders.

(1) Upon placement of the lowest floor or of flood proofing by any means, undertaken in any A Zone, or upon placement of the lowest horizontal structural members of the lowest floor, undertaken in any V Zone, as applicable, the holder of each building permit issued under this Article shall submit to the local administrator a certificate of the elevation thereof, as-built, in relation to mean sea level. Elevation certificates shall be prepared by a duly licensed land surveyor or professional engineer. Flood proofing certificates shall be prepared by a duly licensed professional engineer or architect The local administrator shall issue a stop-work order, if the certificates submitted hereunder disclose deficiencies or shortcomings under this Article.

(2) The local administrator shall issue a stop-work order for any development or construction regulated by this Article which is not the subject of a building permit approved pursuant to this Article. Failure to observe a stop-work order shall be an offense punishable pursuant to §19812.7.

(3) The local administrator shall periodically inspect or cause to be inspected the sites of all construction or development regulated by this Article to determine compliance herewith. No certificate of occupancy shall be issued hereunder, unless inspection reports reveal that all development or construction to be certified thereby has been in compliance with this Article.

A. Certificate of occupancy.

(1) In addition to the requirements of the Building Code or other provision of this chapter, no building or premises within a special flood hazard zone may be used, or occupied, or part thereof hereafter created, erected, changed, altered, corrected or wholly or partly enlarged in use or structure without a certificate of occupancy therefor issued by the local administrator, in effect at the time, and unless said certificate of occupancy is endorsed by the local administrator for compliance with the provisions of this Article.

(2) It shall be an offense for any part of any premises or building to be used or occupied in a special flood hazard area without a valid and subsisting certificate of occupancy issued pursuant to this Article.

B. Issuance, suspension and revocation of certificate of occupancy.

(1) Certificates of occupancy hereunder shall be issued only to premises which are the subject of a valid and subsisting building permit issued under this Article. Issuance by the local administrator shall be upon submission of inspection reports evidencing that the development or construction in question has complied with all applicable provisions of law. Prior to issuance of such a certificate, the local administrator shall have filed the elevation or flood proofing certificate required by §198-12.3. Premises located in coastal high-hazard areas shall not be eligible to certificates of occupancy in any event, until after the certifications thereof by a duly licensed professional engineer or architect that the provisions of §198-12.2R(7) through (9) have been met

(2) The local administrator shall not issue any certificate of occupancy hereunder, until he is in receipt of an inspection report indicating the premises in question have been constructed or developed in accordance with the requirements of this Article.

(3) The local administrator may revoke any certificate of occupancy issued hereunder upon a showing that said certificate was improvidently granted because of error, or misrepresentation to him of the facts upon which its issuance was predicated.

A. Zoning Board of Appeals.

(1) The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this Article.

(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Engineering, Building and Housing Department in the enforcement or administration of this Article.

(3) Those aggrieved by the decision of the Zoning Board of Appeals or any person may appeal such decision to the Supreme Court as provided in Article 78, Civil Practice Law and Rules.

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

(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 heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(k) 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 §198-12.5D and the purposes of this Article, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.

(6) The local administrator shall report the nature of any variance granted, upon the request of the Federal Emergency Management Agency.

B. Issuance of variances.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half () acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items in §19812.5D have been fully considered. As the lot size increases beyond 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 listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(3) Where necessary for the conduct of a functionally dependent use, variances may be issued for new construction, substantial improvements or other development, provided that

(a) The standards imposed by Subsections B(1), (4), (5) and (6) are met

(b) The structure or other development in question 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:

(a) A showing of good and sufficient causes;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

(c) 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 §198-12-5D, or conflict with existing local laws or ordinances.

(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.