Minutes

Webster Town Board

June 6, 2024

A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at

7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,

with the following officials present:

Supervisor ................................................................................ Thomas J. Flaherty

Councilwoman .......................................................................... Patricia T. Cataldi

Councilman .......................................................................................John J. Cahill

Councilwoman ........................................................................... Ginny L. Nguyen

Councilwoman .......................................................................... Jennifer S. Wright

Town Attorney ...............................................................................Charles Genese

Town Clerk ........................................................................... Dorothy M. Maguire

Department Heads Present:

Communications Director .............................................................. Bridget Harvey

Community Development Director......................................................Josh Artuso

Deputy Commissioner of Public Works-Sewer ................................... Art Petrone

Finance Director.................................................................................. Paul Adams

Police Chief............................................................................... Dennis Kohlmeier

Also in attendance was Police Captain Mark Reed.

***

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

Supervisor Flaherty announced a Public Hearing to consider enacting a local law to repeal and

replace Sections 257-165 and 257-166 of Chapter 257 (Sewer) of the Webster Town Code.

At 7:32 p.m. the Public Hearing was opened and closed with no comments received.

***

Resolution No. 184: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

enact a local law repealing and replacing Sections 257-165 and 257-166 of Chapter 257 (Sewer)

of the Webster Town Code.

WHEREAS, the Town Board has the authority pursuant to Article 4 of the New York State

Town Law to promote the health, safety, morals, or general welfare of the community; and

WHEREAS, the Town Board has the authority pursuant to Article 9 of the New York State

Town Law to enact, amend, and repeal ordinances, rules, and regulations not inconsistent with

law; and

WHEREAS, the Town Board from time to time must, of necessity, fairness, common sense, and

in the interest of its constituents and the residents of the Town of Webster, review the laws

pertaining to expenditures of public funds for infrastructure within all districts of the Town; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held

to consider the repeal, and replace, in their entirety, of Sections 257-165 and 257-166 of Chapter

257 of the Webster Town Code, relating to sewer connection fee; and

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WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to

consider these proposed changes to the Webster Town Code; and

WHEREAS, a notice of a Public Hearing was published in the Webster Herald on May 29, 2024

and posted on the Town Website and on the Town Clerk Bulletin Board at 1000 Ridge Road,

Webster, New York; and

WHEREAS, the Public Hearing on the proposed new local law was held by the Webster Town

Board at 7:30 p.m. on June 6, 2024 and all interested persons having had an opportunity to be

heard at the Public Hearing; and

WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has

been prepared and has been submitted to the Town Board and reviewed by the Town Board; and

WHEREAS, it is both in the public interest to enact these changes to Sections 257-165 and 257166 of Chapter 257 of the Webster Town Code:

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board hereby determines that based upon the information in the EAF and

other available information, the proposed action is designated a TYPE II action under the

New York State Environmental Quality Review Act (SEQRA), as it will not have a

significant effect on the environment within the meaning SEQRA, and involves official acts

of a ministerial nature involving no exercise of discretion and routine or continuing agency

administration and management, and does not require the preparation of an environmental

impact statement.

2. That a Local Law be adopted to set forth the effect of Code changes by amending a certain

chapter and sections of the Webster Town Code, such Local Law to be designated as:

LOCAL LAW NO. 4 OF 2024

This law is entitled "A local law to repeal, and replace, in their entirety, Sections 257-165 and

257-166 of Chapter 257 of the Webster Town Code, relating to Sewer Connection Fees”.

Deletions are struck through; additions are italicized.

OLD LAW:

§ 257-165. Schedule of units of use.

A. Schedule of units of use.

Classification of Property

Units of Use

One-family dwelling

Multiple-family dwelling

1 unit

1 per unit

Commercial

Industrial

Determined by water consumption

Determined by water consumption

B. For additional schedules see the Town of Webster Fee Schedule.

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§ 257-166. Connection fees.

A. All residential units using the Town of Webster sewer system shall pay a sanitary sewer

connection fee to the Town of Webster Sewer Department when a building permit or a sewer

lateral permit is issued for said residential unit. Any resident who has owned and occupied

his/her residence prior to August 1, 1960, shall be exempt from all connection fee charges.

Qualification for said exempt residential status shall be determined from the Town of

Webster Assessor's office official files.

B. The connection fee for commercial/industrial users shall be determined by the Sewer

Department based on applicable water consumption for the previous twelve-month period or

if for new construction based on estimated water consumption.

C. If an addition is made to an existing commercial/industrial facility which results in a new

connection to the sewer, then another connection fee will be assessed.

NEW LAW:

§ 257-165. Schedule of units of use.

A. Equivalent Dwelling Unit (EDU) = 60,000 gallons annually.

Classification of Property

Equivalent Dwelling Units (EDUs) of Use

Parcel or lot

One-family dwelling

Multiple-family dwelling

Commercial

Industrial

1 EDU

1 EDU

1 EDU per dwelling unit

Determined by water consumption

Determined by water consumption

B. For additional schedules, including rates, see the Town of Webster Fee Schedule.

§ 257-166. Connection fees.

A. All residential units using the Town of Webster sewer system shall pay a sanitary sewer

connection fee (Entrance Permit Fee) to the Town of Webster Sewer Department when a

building permit or a sewer lateral permit is issued for said residential unit. Any resident who

has owned and occupied his/her residence prior to August 1, 1960, shall be exempt from all

connection fee charges. Qualification for said exempt residential status shall be determined

from the Town of Webster Assessor's office official files.

B. The connection fee (Entrance Permit Fee) for commercial/industrial users shall be

determined by the Sewer Department via EDU reserved pipeline capacity at the time a

building permit or a sewer lateral permit is issued for said commercial or industrial user,

based on applicable water consumption of the previous twelve-month period or if for new

construction, based on estimated water consumption or the estimated need for pipeline

capacity.

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C. If a change is made to an existing commercial/industrial facility which results in an

additional connection to the sewer or need for increased infrastructure capacity, then

another connection fee will be assessed.

3. This Local Law shall take effect immediately upon the appropriate filing as required by law.

4. The Town Clerk is hereby authorized and directed to take such action as may be necessary to

carry this Resolution into effect.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 185: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

adopt the following Fee Schedule for Sewer System Commercial Industrial Entrance Permits.

SEWER DEPARTMENT

Entrance Permit-Commercial/Industrial 1-499 EDUs

Entrance Permit-Commercial/Industrial 500-999 EDUs

Entrance Permit-Commercial/Industrial 1,000-1,499 EDUs

Entrance Permit-Commercial/Industrial 1,500-1,999 EDUs

Entrance Permit-Commercial/Industrial 2,000 or Greater EDUs

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

$1,000.00

$1,200.00

$1,400.00

$1,600.00

$1,800.00

Per EDU = 60,000 Gallons

Per EDU = 60,000 Gallons

Per EDU = 60,000 Gallons

Per EDU = 60,000 Gallons

Per EDU = 60,000 Gallons

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Supervisor Flaherty announced a Public Hearing to consider enacting a local law to repeal and

replace the current Town Code Chapter 170 (Flood Damage Prevention) and replace it in its

entirety with a new Chapter

170. At 7:39 p.m. the Public Hearing was opened.

George Winter, Webster resident, appeared before the Town Board to share drainage issues that

the neighborhood of Shipbuilder’s Creek Road/Forest Lawn Road is experiencing. He stated he

would like to meet with Town staff to discuss the issue.

At 7:46 the Public Hearing was closed.

***

Resolution No. 186: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to

enact a local law to repeal the current Chapter 170 (Flood Damage Prevention) of the Webster

Town Code and to replace it in its entirety with a new Chapter 170.

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WHEREAS, the Town Board is authorized by the New York State Constitution, Article IX,

Section 2, and both authorized and required by New York State Environmental

Conservation Law, Article 36 to enact laws to protect and prevent the destruction or harm to

public and private structures and public and private properties from flooding, and to be

eligible for federal flood protection funding, among other things; and

WHEREAS, the Town Board has the authority pursuant to Article 9 of the New York State

Town Law to enact, amend, and repeal ordinances, rules, and regulations not inconsistent with

law; and

WHEREAS, in keeping with federal and New York State requirements, it is in the public interest

to repeal the current Chapter 170 and replace it with a new Chapter 170 of the Webster Town

Code, relating to flood damage control and prevention; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to

consider these proposed changes to the Webster Town Code; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to

consider this repeal of the current Chapter 170 and replace it with a new Chapter 170 of the

Webster Town Code; and

WHEREAS, a Notice of Public Hearing was published in the Webster Herald on May 29, 2024,

and posted on the Town Website and on the Town Clerk Bulletin Board at 1000 Ridge Road,

Webster, New York; and

WHEREAS, the Public Hearing on the proposed new Local Law was held by the Webster Town

Board at 7:30 p.m. on June 6, 2024, and all interested persons having had an opportunity to be

heard at the Public Hearing; and

WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has

been prepared, and has been submitted to the Town Board and reviewed by the Town Board; and

WHEREAS, it is both in the public interest to repeal and replace the current Chapter 170 of the

Code of the Town of Webster:

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board hereby determines that based upon the information in the EAF and

other available information, the proposed action is designated a TYPE II action under the

New York State Environmental Quality Review Act (SEQRA), as it will not have a

significant effect on the environment within the meaning SEQRA, and involves official acts

of a ministerial nature involving no exercise of discretion and routine or continuing agency

administration and management, and does not require the preparation of an environmental

impact statement.

2. That a Local Law be adopted to set forth the effect of Code changes by amending a certain

chapter and sections of the Webster Town Code, such Local Law to be designated as:

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LOCAL LAW NO. 5 OF 2024

This law is entitled "A local law to repeal, and replace, in its entirety, Chapter 170 of the

Webster Town Code relating to Flood Damage Prevention”.

Deletions are struck through; additions are in italics.

OLD LAW:

Chapter 170

Flood Damage Prevention

[HISTORY: Adopted by the Town Board of the Town of Webster 8-7-2008 by L.L. No. 3-2008

(Ch. 127 of the 1991 Code). Amendments noted where applicable.]

Article I

Purpose and Definitions

§ 170-1. Findings.

The Town Board of the Town of Webster finds that the potential and/or actual damages from

flooding and erosion may be a problem to the residents of the Town of Webster, 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 chapter is adopted.

§ 170-2. Purpose.

It is the purpose of this chapter 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:

A. 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;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be

protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers

which are involved in the accommodation of floodwaters;

D. Control filling, grading, dredging and other development which may increase erosion or

flood damages;

E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or

which may increase flood hazards to other lands, and;

F. Qualify for and maintain participation in the National Flood Insurance Program.

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§ 170-3. Objectives.

The objectives of this chapter are to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities, such as water and gas mains, electric,

telephone and sewer lines, streets and bridges located in areas of special flood hazard;

F. 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;

G. Provide that developers are notified that property is in an area of special flood hazard; and,

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for

their actions.

§ 170-4. Word usage; definitions.

A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted

so as to give them the meaning they have in common usage and to give this chapter its most

reasonable application.

B. As used in this chapter, the following terms shall have the meanings indicated:

of this chapter or a request for a variance.

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.

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

chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the

phrase "area of special flood hazard."

given year.

all sides.

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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.

but not limited to buildings or other structures, mining, dredging, filling, paving, excavation

or drilling operations or storage of equipment or materials.

ELEVATED BUILDING –

(1) A nonbasement building:

(a) Built, in the case of a building in Zones 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 Zones 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

(b) 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.

(2) In the case of Zones 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.

(3) In the case of Zones 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.

administers the National Flood Insurance Program.

FLOOD BOUNDARY AND FLOODWAY 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 floodway along

watercourses studied in detail in the Flood Insurance Study.

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.

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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 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) "Flood" or "flooding" also means 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

(1)(a) above.

by water from any source (See "flooding.").

adjustments to structures which reduce or eliminate flood damage to real estate or improved

real property, water and sanitary facilities, structures and their contents.

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.

to construction, next to the proposed walls of a structure.

(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;

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(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 by an approved state program as

determined by the Secretary of the Interior or directly by the Secretary of the Interior in

states without approved programs.

implement this chapter by granting or denying development permits in accordance with its

provisions. This person is often the Building Inspector, Code Enforcement Official, or

employee of an engineering department. [Amended 6-17-2010 by L.L. No. 5-2010]

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 chapter.

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.

of land divided into two or more manufactured home lots for rent or sale.

Geodetic Vertical Datum (NGVD) of l929, 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.

after the effective date of a floodplain management regulation adopted by the community and

includes any subsequent improvements to such structure.

100-YEAR FLOOD - Has the same meaning as "base flood."

excluding land value, is above ground.

(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.

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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 § 170-14B of this chapter.

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.

principally above ground, as well as a manufactured home.

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.

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 a Historic structure, provided that the alteration will not preclude the

structure’s continued designation as a Historic structure.

construction or use in a manner that would otherwise be prohibited by this chapter.

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Article II

General Provisions and Penalties

§ 170-5. Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of

Webster, Monroe County.

§ 170-6. Basis for establishing areas of special flood hazard. [Amended 10-18-2018 by L.L.

No. 3-2018]

A. The areas of special flood hazard for the Town of Webster, Community Number 360436, are

identified and defined on the following documents prepared by the Federal Emergency

Management Agency:

(1) Flood Insurance Rate Map Panel Numbers: 36055C0094G, 36055C0113G,

36055C0114G, 36055C0118G, 36055C0119G, 36055C0206G, 36055C0207G,

36055C0208G, 36055C0209G, 36055C0226G, 36055C0227G, 36055C0228G,

36055C0229G, 36055C0231G, 36055C0232G, 36055C0233G, and 36055C0234G, the

effective date of which is August 28, 2008, and any subsequent revisions to these map

panels that do not affect areas under our community's jurisdiction.

(2) A scientific and engineering report entitled "Flood Insurance Study, Monroe County,

New York, All Jurisdictions," dated August 28, 2008.

(3) Letter of Map Revision Case Number 17-02-1830P, effective August 2, 2018, amending

Flood Insurance Rate Map Panels 36055C0233G and 36055C0234G, Flood Insurance

Study Profile 87P, and Flood Insurance Study Floodway Data Table

9. B. 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 Webster Town Hall, 1000 Ridge Road,

Webster, New York 14580.

§ 170-7. Interpretation and conflict with other laws.

A. This chapter 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.

B. In their interpretation and application, the provisions of this chapter shall be held to be

minimum requirements, adopted for the promotion of the public health, safety, and welfare.

Whenever the requirements of this chapter 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.

§ 170-8. Severability.

The invalidity of any section or provision of this chapter shall not invalidate any other section or

provision thereof.

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§ 170-9. 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 chapter and any other applicable regulations. Any infraction of the provisions of

this chapter 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 chapter 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 Webster from taking such other lawful action as necessary

to prevent or remedy an infraction. Any structure found not compliant with the requirements of

this chapter for which the developer and/or owner has not applied for and received an approved

variance under Article V will be declared noncompliant and notification sent to the Federal

Emergency Management Agency.

§ 170-10. Warning and disclaimer of liability.

The degree of flood protection required by this chapter 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

chapter 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 chapter shall not create

liability on the part of the Town of Webster, any officer or employee thereof, or the Federal

Emergency Management Agency, for any flood damages that result from reliance on this chapter

or any administrative decision lawfully made thereunder.

Article III

Administration

§ 170-11. Designation of local administrator. [Amended at time of adoption of Code (see

Ch. 1, General Provisions, Art. I)]

The Commissioner of Public Works or his/her division heads or agents or designees is hereby

appointed local administrator to administer and implement this chapter by granting or denying

floodplain development permits in accordance with its provisions.

§ 170-12. Floodplain development permit.

A. Purpose.

(1) A floodplain development permit is hereby established for all construction and other

development to be undertaken in areas of special flood hazard in this community for the

purpose of protecting its citizens from increased flood hazards and ensuring that new

development is constructed in a manner that minimizes its exposure to flooding. It shall

be unlawful to undertake any development in an area of special flood hazard, as shown

on the Flood Insurance Rate Map enumerated in § 170-6 , without a valid floodplain

development permit.

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(2) Application for a permit shall be made on forms furnished by the local administrator and

may include, but not be limited to plans, in duplicate, drawn to scale and showing the

nature, location, dimensions, and elevations of the area in question; existing or proposed

structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

B. Fees. All applications for a floodplain development permit shall be accompanied by an

application fee as established in the Town of Webster Fee Schedule. In addition, the

applicant shall be responsible for reimbursing the Town of Webster for any additional costs

necessary for review, inspection and approval of this project. The local administrator may

require a deposit of no more than $500 to cover these additional costs.

§ 170-13. Application for permit.

The applicant shall provide the following information as appropriate. Additional information

may be required on the permit application form.

A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement

or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE

or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest

floor, the permittee shall submit to the local administrator the as-built elevation, certified by a

licensed professional engineer or surveyor.

B. The proposed elevation, in relation to mean sea level, to which any new or substantially

improved nonresidential structure will be floodproofed. Upon completion of the floodproofed

portion of the structure, the permittee shall submit to the local administrator the as-built

floodproofed elevation, certified by a professional engineer or surveyor.

C. A certificate from a licensed professional engineer or architect that any utility floodproofing

will meet the criteria in § 170-16C , Utilities.

D. A certificate from a licensed professional engineer or architect that any nonresidential

floodproofed structure will meet the floodproofing criteria in § 170-18 , Nonresidential

Structures.

E. A description of the extent to which any watercourse will be altered or relocated as a result of

proposed development. Computations by a licensed professional engineer must be submitted

that demonstrate that the altered or relocated segment will provide equal or greater

conveyance than the original stream segment. The applicant must submit any maps,

computations or other material required by the Federal Emergency Management Agency

(FEMA) to revise the documents enumerated in § 170-6 , when notified by the local

administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The

applicant must also provide assurances that the conveyance capacity of the altered or

relocated stream segment will be maintained.

F. A technical analysis, by a licensed professional engineer, if required by the local

administrator, which shows whether proposed development to be located in an area of special

flood hazard may result in physical damage to any other property.

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G. In Zone A, when no base flood elevation data are available from other sources, base flood

elevation data shall be provided by the permit applicant for subdivision proposals and other

proposed developments (including proposals for manufactured home and recreational vehicle

parks and subdivisions) that are greater than either 50 lots or five acres.

§ 170-14. Duties and responsibilities of local administrator.

Duties of the local administrator shall include, but not be limited to the following:

A. Permit application review. The local administrator shall conduct the following permit

application review before issuing a floodplain development permit:

(1) Review all applications for completeness, particularly with the requirements of § 170-13 ,

Application for permit, and for compliance with the provisions and standards of this

chapter.

(2) Review subdivision and other proposed new development, including manufactured home

parks to determine whether proposed building sites will be reasonably safe from flooding.

If a proposed building site is located in an area of special flood hazard, all new

construction and substantial improvements shall meet the applicable standards of Article

IV, Construction Standards, and, in particular, § 170-15A , Subdivision Proposals.

(3) Determine whether any proposed development in an area of special flood hazard may

result in physical damage to any other property (e.g., stream bank erosion and increased

flood velocities).

(a) The local administrator may require the applicant to submit additional technical

analyses and data necessary to complete the determination.

(b) If the proposed development may result in physical damage to any other property or

fails to meet the requirements of Article IV, Construction Standards, no permit shall

be issued. The applicant may revise the application to include measures that mitigate

or eliminate the adverse effects and resubmit the application.

(4) Determine that all necessary permits have been received from those governmental

agencies from which approval is required by state or federal law.

B. Use of other flood data.

(1) When the Federal Emergency Management Agency has designated areas of special flood

hazard on the community's Flood Insurance Rate map (FIRM), but has neither produced

water surface elevation data (These areas are designated Zone A or V on the FIRM.) nor

identified a floodway, the local administrator shall obtain, review and reasonably utilize

any base flood elevation and floodway data available from a federal, state or other source,

including data developed pursuant to § 170-13G , as criteria for requiring that new

construction, substantial improvements or other proposed development meet the

requirements of this chapter.

(2) When base flood elevation data are not available, the local administrator may use flood

information from any other authoritative source, such as historical data, to establish flood

elevations within the areas of special flood hazard, for the purposes of this chapter.

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C. Alteration of watercourses.

(1) Notification to adjacent communities and the New York State Department of

Environmental Conservation, prior to permitting any alteration or relocation of a

watercourse, and submittal of evidence of such notification to the Regional Director,

Region II, Federal Emergency Management Agency.

(2) Determine that the permit holder has provided for maintenance within the altered or

relocated portion of said watercourse so that the flood-carrying capacity is not

diminished.

D. Construction stage.

(1) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are

available, upon placement of the lowest floor or completion of floodproofing of a new or

substantially improved structure, obtain from the permit holder a certification of the asbuilt elevation of the lowest floor or floodproofed elevation, in relation to mean sea level.

The certificate shall be prepared by or under the direct supervision of a licensed land

surveyor or professional engineer and certified by same. For manufactured homes, the

permit holder shall submit the certificate of elevation upon placement of the structure on

the site. A certificate of elevation must also be submitted for a recreational vehicle if it

remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready

for highway use).

(2) Any further work undertaken prior to submission and approval of the certification shall

be at the permit holder's risk. The local administrator shall review all data submitted.

Deficiencies detected shall be cause to issue a stop-work order for the project unless

immediately corrected.

E. Inspections. The local administrator and/or the developer's engineer or architect shall make

periodic inspections at appropriate times throughout the period of construction in order to

monitor compliance with permit conditions and enable said inspector to certify, if requested,

that the development is in compliance with the requirements of the floodplain development

permit and/or any variance provisions.

F. Stop-work orders.

(1) The local administrator shall issue, or cause to be issued, a stop-work order for any

floodplain development found ongoing without a development permit. Disregard of a

stop-work order shall subject the violator to the penalties described in § 170-9 of this

chapter.

(2) The local administrator shall issue, or cause to be issued, a stop-work order for any

floodplain development found noncompliant with the provisions of this chapter and/or

the conditions of the development permit. Disregard of a stop-work order shall subject

the violator to the penalties described in § 170-9 of this chapter.

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G. Certificate of compliance.

(1) In areas of special flood hazard, as determined by documents enumerated in § 170-6 , it

shall be unlawful to occupy or to permit the use or occupancy of any building or

premises, or both, or part thereof hereafter created, erected, changed, converted or wholly

or partly altered or enlarged in its use or structure, until a certificate of compliance has

been issued by the local administrator stating that the building or land conforms to the

requirements of this chapter.

(2) A certificate of compliance shall be issued by the local administrator upon satisfactory

completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in

§ 170-14E , Inspections, and/or any certified elevations, hydraulic data, floodproofing,

anchoring requirements or encroachment analyses which may have been required as a

condition of the approved permit.

H. Information to be retained. The local administrator shall retain and make available for

inspection copies of the following:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures, required pursuant to § 17014D(1) and § 170-14D (2), and whether or not the structures contain a basement;

(3) Floodproofing certificates required pursuant to § 170-14D (1), and whether or not the

structures contain a basement;

(4) Variances issued pursuant to Article V, Variance Procedure; and,

(5) Notices required under § 170-14C , Alteration of watercourses.

Article IV

Construction Standards

§ 170-15. General standards.

The following standards apply to new development, including new and substantially improved

structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map

designated in § 170-6.

A. Subdivision proposals. The following standards apply to all new subdivision proposals and

other proposed development in areas of special flood hazard (including proposals for

manufactured home and recreational vehicle parks and subdivisions):

(1) Proposals shall be consistent with the need to minimize flood damage;

(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be

located and constructed so as to minimize flood damage; and

(3) Adequate drainage shall be provided to reduce exposure to flood damage.

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B. Encroachments.

(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new

construction, substantial improvements or other development (including fill) shall be

permitted unless:

(a) The applicant demonstrates that the cumulative effect of the proposed development,

when combined with all other existing and anticipated development, will not increase

the water surface elevation of the base flood more than one foot at any location, or,

(b) The Town of Webster agrees to apply to the Federal Emergency Management Agency

(FEMA) for a conditional FIRM revision; FEMA approval is received; and the

applicant provides all necessary data, analyses and mapping and reimburses the Town

of Webster for all fees and other costs in relation to the application. The applicant

must also provide all data, analyses and mapping and reimburse the Town of Webster

for all costs related to the final map revision.

(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway

Map or the Flood Insurance Rate Map adopted in § 170-6 , no new construction,

substantial improvements or other development in the floodway (including fill) shall be

permitted unless:

(a) A technical evaluation by a licensed professional engineer shows that such an

encroachment shall not result in any increase in flood levels during occurrence of the

base flood, or,

(b) The Town of Webster agrees to apply to the Federal Emergency Management Agency

(FEMA) for a conditional FIRM and floodway revision; FEMA approval is received;

and the applicant provides all necessary data, analyses and mapping and reimburses

the Town of Webster for all fees and other costs in relation to the application. The

applicant must also provide all data, analyses and mapping and reimburse the Town

of Webster for all costs related to the final map revisions.

§ 170-16. Standards for all structures.

A. Anchoring. New structures and substantial improvement to structures in areas of special

flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the

base flood. This requirement is in addition to applicable state and local anchoring

requirements for resisting wind forces.

B. Construction materials and methods.

(1) New construction and substantial improvements to structures shall be constructed with

materials and utility equipment resistant to flood damage.

(2) New construction and substantial improvements to structures shall be constructed using

methods and practices that minimize flood damage.

(3) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or

AH, and also Zone A if base flood elevation data are available, new and substantially

improved structures shall have fully enclosed areas below the lowest floor that are usable

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solely for parking of vehicles, building access or storage in an area other than a basement

and which are subject to flooding, designed to automatically equalize hydrostatic flood

forces on exterior walls by allowing for the entry and exit of floodwaters.

(a) Designs for meeting this requirement must either be certified by a licensed

professional engineer or architect or meet or exceed the following minimum criteria:

[1] A minimum of two openings having a total net area of not less than one square

inch for every square foot of enclosed area subject to flooding; and

[2] The bottom of all such openings no higher than one foot above the lowest

adjacent finished grade.

(b) Openings may be equipped with louvers, valves, screens or other coverings or devices

provided they permit the automatic entry and exit of floodwaters. Enclosed areas

subgrade on all sides are considered basements and are not permitted.

C. Utilities.

(1) New and replacement electrical equipment, heating, ventilating, air conditioning,

plumbing connections, and other service equipment shall be located at or above the base

flood elevation or be designed to prevent water from entering and accumulating within

the components during a flood and to resist hydrostatic and hydrodynamic loads and

stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be

elevated to or above the base flood elevation unless they conform to the appropriate

provisions of the electrical part of the Building Code of New York State or the

Residential Code of New York State for location of such items in wet locations;

(2) New and replacement water supply systems shall be designed to minimize or eliminate

infiltration of floodwaters into the system;

(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate

infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that

have openings below the base flood elevation shall be provided with automatic backflow

valves or other automatic backflow devices that are installed in each discharge line

passing through a building's exterior wall; and

(4) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

§ 170-17. Residential structures.

A. Elevation. The following standards apply to new and substantially improved residential

structures located in areas of special flood hazard, in addition to the requirements in § 17015A, Subdivision proposals, § 170-15B , Encroachments, and § 170-16 , Standards for all

structures.

(1) Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are

available, new construction and substantial improvements shall have the lowest floor

(including basement) elevated to or above two feet above the base flood elevation.

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(2) Within Zone A, when no base flood elevation data are available, new and substantially

improved structures shall have the lowest floor (including basement) elevated at least

three feet above the highest adjacent grade.

(3) Within Zone AO, new and substantially improved structures shall have the lowest floor

(including basement) elevated above the highest adjacent grade at least as high as two

feet above the depth number specified in feet on the community's Flood Insurance Rate

Map enumerated in § 170-6 (at least two feet if no depth number is specified).

(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters

around and away from proposed structures on slopes.

§ 170-18. Nonresidential structures.

The following standards apply to new and substantially improved commercial, industrial and

other nonresidential structures located in areas of special flood hazard, in addition to the

requirements in § 170-15A , Subdivision proposals, § 170-15B , Encroachments, and § 170-16 ,

Standards for all structures.

A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are

available, new construction and substantial improvements of any nonresidential structure,

together with attendant utility and sanitary facilities, shall either:

(1) Have the lowest floor, including basement or cellar, elevated to or above two feet above

the base flood elevation; or

(2) Be floodproofed so that the structure is watertight below two feet above the base flood

elevation with walls substantially impermeable to the passage of water. All structural

components located below the base flood level must be capable of resisting hydrostatic

and hydrodynamic loads and the effects of buoyancy.

B. Within Zone AO, new construction and substantial improvements of nonresidential structures

shall:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade at

least as high as two feet above the depth number specified in feet on the community's

FIRM (at least two feet if no depth number is specified), or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that

level to meet the floodproofing standard specified in § 170-18A (2).

C. If the structure is to be floodproofed, a licensed professional engineer or architect shall

develop and/or review structural design, specifications, and plans for construction. A

floodproofing certificate or other certification shall be provided to the local administrator that

certifies the design and methods of construction are in accordance with accepted standards of

practice for meeting the provisions of § 170-18A (2), including the specific elevation (in

relation to mean sea level) to which the structure is to be floodproofed.

D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around

and away from proposed structures on slopes.

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E. Within Zone A, when no base flood elevation data are available, the lowest floor (including

basement) shall be elevated at least three feet above the highest adjacent grade.

§ 170-19. Manufactured homes and recreational vehicles.

The following standards, in addition to the standards in § 170-15 , General standards, and § 17016, Standards for all structures, apply, as indicated, in areas of special flood hazard to

manufactured homes and to recreational vehicles which are located in areas of special flood

hazard.

A. Recreational vehicles.

(1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:

(a) Be on site fewer than 180 consecutive days,

(b) Be fully licensed and ready for highway use, or

(c) Meet the requirements for manufactured homes in § 170-19B , C and D.

(2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is

attached to the site only by quick-disconnect-type utilities and security devices and has

no permanently attached additions.

B. A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH

shall be elevated on a permanent foundation such that the lowest floor is elevated to or above

two feet above the base flood elevation and is securely anchored to an adequately anchored

foundation system to resist flotation, collapse and lateral movement.

C. Within Zone A, when no base flood elevation data are available, new and substantially

improved manufactured homes shall be elevated such that the manufactured home chassis is

supported by reinforced piers or other foundation elements of at least equivalent strength that

are no less than 36 inches in height above grade and are securely anchored to an adequately

anchored foundation system to resist flotation, collapse or lateral movement.

D. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high

as the depth number specified on the Flood Insurance Rate Map enumerated in § 170-6 (at

least two feet if no depth number is specified).

Article V

Variance Procedure

§ 170-20. Appeals Board.

A. The Planning Board as established by the Town of Webster shall hear and decide appeals and

requests for variances from the requirements of this chapter.

B. The Planning Board shall hear and decide appeals when it is alleged there is an error in any

requirement, decision, or determination made by the local administrator in the enforcement

or administration of this chapter.

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C. Those aggrieved by the decision of the Planning Board may appeal such decision to the

Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

D. In passing upon such applications, the Planning Board shall consider all technical

evaluations, all relevant factors, standards specified in other sections of this chapter and:

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

(2) The danger to 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 floodplain

management program of that area;

(9) The safety of access to the property in times of flood for ordinary and emergency

vehicles;

(10) The costs to local governments and the dangers associated with conducting search and

rescue operations during periods of flooding;

(11) 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; and

(12) 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.

E. Upon consideration of the factors of § 170-20D and the purposes of this chapter, the Planning

Board may attach such conditions to the granting of variances as it deems necessary to

further the purposes of this chapter.

F. The local administrator shall maintain the records of all appeal actions including technical

information and report any variances to the Federal Emergency Management Agency upon

request.

§ 170-21. Conditions for variances.

A. 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, providing items in § 170-20D (1)

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through D(12) have been fully considered. As the lot size increases beyond the one-half acre,

the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures upon

determination that:

(1) The proposed repair or rehabilitation will not preclude the structure's continued

designation as a "historic structure"; and

(2) The variance is the minimum necessary to preserve the historic character and design of

the structure.

C. Variances may be issued by a community for new construction and substantial improvements

and for other development necessary for the conduct of a functionally dependent use

provided that:

(1) The criteria of Subsections A, D, E, and F of this section are met; and

(2) The structure or other development is protected by methods that minimize flood damages

during the base flood and create no additional threat to public safety.

D. Variances shall not be issued within any designated floodway if any increase in flood levels

during the base flood discharge would result.

E. Variances shall only be issued upon a determination that the variance is the minimum

necessary, considering the flood hazard, to afford relief.

F. Variances shall only be issued upon receiving written justification of:

(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 or conflict with existing local laws or ordinances.

G. Notification.

(1) Any applicant to whom a variance is granted for a building with the lowest floor below

the base flood elevation shall be given written notice over the signature of a community

official that:

(a) The issuance of a variance to construct a structure below the base flood level will

result in increased premium rates for flood insurance up to amounts as high as $25 for

$100 of insurance coverage; and

(b) Such construction below the base flood level increases risks to life and property.

(2) Such notification shall be maintained with the record of all variance actions as required in

§ 170-14H of this chapter.

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NEW LAW:

ARTICLE I

Statutory Authorization and Purpose

§ 170-1. Findings.

The Webster Town Board of the Town of Webster finds that the potential and/or actual

damages from flooding and erosion may be a problem to the residents of the Town of

Webster 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 local law is adopted.

§ 170-2. Statement of Purpose.

It is the purpose of this local law 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:

A. 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;

B. Require that uses vulnerable to floods, including facilities which serve such

uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective

barriers which are involved in the accommodation of flood waters;

D. Control filling, grading, dredging and other development which may increase

erosion or flood damages;

E. Regulate the construction of flood barriers which will unnaturally divert flood waters or

which may increase flood hazards to other lands; and

F. Qualify and maintain for participation in the National Flood Insurance Program.

§ 170-3. Objectives.

The objectives of this local law are:

A. To protect human life and health;

B. To minimize expenditure of public money for costly flood control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

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E. 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;

F. 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;

G. To provide that developers are notified that property is in an area of special flood hazard;

and

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for

their actions.

ARTICLE II

Definitions

§ 170-4. Definitions.

Unless specifically defined below, words or phrases used in this local law shall be

interpreted so as to give them the meaning they have in common usage and to give this local

law its most reasonable application.

garages or smaller) or limited storage, represent a minimal investment of not more than 10percent of the value of the primary structure, and may not be used for human habitation.

provision of this Local Law or a request for a variance.

community's 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.

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

Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the

phrase "area of special flood hazard."

in any given year.

level) on all sides.

and is intended through its design and construction to collapse under specific lateral

loading forces without causing damage to the elevated portion of the building or the

supporting foundation system.

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landward of an open coast without mapped coastal high hazard areas. In a coastal A zone,

the principal source of flood must be astronomical tides, storm surges, seiches or tsunamis,

not riverine flooding. During the base flood conditions, the potential for breaking wave

height shall be greater than or equal to 1 1/2 feet (457 mm). The inland limit of coastal A

zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM; or (b) Designated

by the authority having jurisdiction.

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.

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.

including but not limited to buildings or other structures, mining, dredging, filling, paving,

excavation or drilling operations or storage of equipment or materials.

in Zones 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 Zones 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 (ii)

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 Zones 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 flood waters. In the case of Zones V1-V30, VE, V, or Coastal A, "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.

administers the National Flood Insurance Program.

inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and

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(2) The unusual and rapid accumulation or runoff of surface waters from any source.

“Flood” or “flooding” also means 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 (1) above.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) - means 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 Floodway along

water courses studied in detail in the Flood Insurance Study.

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) - means 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) - means 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.

inundated by water from any source (see definition of Flooding").

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.

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.

prior to construction, next to the proposed walls of a structure.

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(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.

LIMIT OF MODERATE WAVE ACTION (LiMWA) - line shown on FIRMs to indicate the

inland limit of the 1 1/2 feet (457 mm) breaking wave height during the base flood.

implement this local law by granting or denying development permits in accordance with

its provisions. This person is often the Building Inspector, Code Enforcement Officer or an

employee of the Engineering Department.

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 non-elevation design requirements of this Local Law.

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"

parcels) of land divided into two or more manufactured home lots for rent or sale.

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

FIRM are referenced.

on or after the effective date of a floodplain management regulation adopted by the

community and includes any subsequent improvements to such structure.

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ONE HUNDRED YEAR FLOOD OR 100-YEAR FLOOD - has the same meaning as "Base

Flood".

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.

of the structure, excluding land value, is above ground.

(1) Built on a single chassis;

(2) 400 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.

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 § 170-14B of this Law.

landward of the beach.

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.

that is principally above ground, as well as a manufactured home.

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the cost of restoring the structure to its before-damaged condition would equal or exceed 50

percent of the market value of the structure before the damage occurred.

other improvement of a structure, the cost of which equals or exceeds 50 percent 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 a "Historic structure", provided that the alteration will not preclude the

structure's continued designation as a “historic structure".

construction or use in a manner that would otherwise be prohibited by this local law.

with the community's flood plain management regulations.

ARTICLE III

General Provisions

§ 170-5. Lands to which this Local Law Applies.

This Local Law shall apply to all areas of special flood hazard within the jurisdiction of the

Town of Webster, Monroe County.

§ 170-6. Basis for establishing the areas of special flood hazard.

A. The areas of special flood hazard for the Town of Webster, Community Number 360436

are identified and defined on the following documents prepared by the Federal

Emergency Management Agency:

(1) Flood Insurance Rate Map Panel(s): 36055C0094H, 36055C0113H, 36055C0114H,

36055C0118H, 36055C0119H, 36055C0206H, 36055C0207H, 36055C0208H,

36055C0209H, and 36055C0226H, whose effective date is July 31, 2024, and any

subsequent revisions to these map panels that do not affect areas under our

community’s jurisdiction.

(2) A scientific and engineering report entitled “Flood Insurance Study, Monroe County,

New York (All Jurisdictions),” dated July 31, 2024.

(3) Flood Insurance Rate Map Panel(s): 36055C0227G, 36055C0228G, 36055C0229G,

36055C0231G, 360550232G, 36055C0233G, and 36055C0234G, whose effective

date is August 28, 2008, and any subsequent revisions to these map panels that do

not affect areas under our community’s jurisdiction.

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(4) A scientific and engineering report entitled “Flood Insurance Study, Monroe County,

New York (All Jurisdictions)” dated August 28, 2008.

B. The above documents are hereby adopted and declared to be a part of this Local Law.

The Flood Insurance Study and/or maps are on file at Town Hall, located at 1000 Ridge

Road, Webster, NY 14580.

§ 170-7. Interpretation and Conflict with Other Laws.

A. This Local Law 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.

B. In their interpretation and application, the provisions of this local law shall be held to be

minimum requirements, adopted for the promotion of the public health, safety, and

welfare. Whenever the requirements of this local law 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.

§ 170-8. Severability.

The invalidity of any section or provision of this local law shall not invalidate any other

section or provision thereof.

§ 170-9. Penalties for Non-compliance.

No structure in an area of special flood hazard shalt hereafter be constructed, located,

extended, converted, or altered and no land shall be excavated or filled without full

compliance with the terms of this local law and any other applicable regulations. Any

infraction of the provisions of this local law 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 local

law 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 Webster from taking such other lawful action as

necessary to prevent or remedy an infraction. Any structure found not compliant with the

requirements of this local law for which the developer and/or owner has not applied for and

received an approved variance under Section 6.0 will be declared non-compliant and

notification sent to the Federal Emergency Management Agency.

§ 170-10. Warning and Disclaimer of Liability.

The degree of flood protection required by this local law 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 local law 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 local law shall not create liability on the part of the Town of Webster, any officer or

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employee thereof, or the Federal Emergency Management Agency, for any flood damages

that result from reliance on this local law or any administrative decision lawfully made

there under.

ARTICLE IV

Administration

§ 170-11. Designation of the Local Administrator.

The Commissioner of Public Works or his/her division heads or designees is hereby

appointed Local Administrator to administer and implement this local law by granting or

denying floodplain development permits in accordance with its provisions.

§ 170-12. The Floodplain Development Permit.

A. Purpose.

(1) A floodplain development permit is hereby established for all construction and other

development to be undertaken in areas of special flood hazard in this community for

the purpose of protecting its citizens from increased flood hazards and insuring that

new development is constructed in a manner that minimizes its exposure to flooding.

It shall be unlawful to undertake any development in an area of special flood hazard,

as shown on the Flood Insurance Rate Map enumerated in § 170-6 , without a valid

floodplain development permit.

(2) Application for a permit shall be made on forms furnished by the Local

Administrator and may include, but not be limited to: plans, in duplicate, drawn to

scale and showing: the nature, location, dimensions, and elevations of the area in

question; existing or proposed structures, fill, storage of materials, drainage

facilities, and the location of the foregoing.

B. Fees. All applications for a floodplain development permit shall be accompanied by an

application fee listed on the Town of Webster’s fee schedule. In addition, the applicant

shall be responsible for reimbursing the Town of Webster for any additional costs

necessary for review, inspection, and approval of this project. The Local Administrator

may require a deposit of no more than $500.00 to cover these additional costs.

§ 170-13. Application for a Permit.

The applicant shall provide the following information as appropriate. Additional

information may be required on the permit application form.

A. The proposed elevation, in relation to mean sea level, of the top of the lowest floor

(including basement or cellar) of any new or substantially improved structure to be

located in a Special Flood Hazard Area (SFHA). Upon completion of the lowest floor,

the permittee shall submit to the Local Administrator the as-built elevation, certified by a

licensed professional engineer or surveyor.

B. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural

member of the lowest floor (excluding pilings and columns) of any new or substantially

improved structure to be located in Zones V1-V30, VE, Coastal A, or Zone V if base flood

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elevation data are available. Upon completion of the lowest floor, the permittee shall submit

to the Local Administrator the as-built elevation, certified by a licensed professional

engineer or surveyor.

C. The proposed elevation, in relation to mean sea level, to which any new or

substantially improved non-residential structure will be floodproofed. Upon

completion of the floodproofed portion of the structure, the permittee shall submit

to the Local Administrator the as-built floodproofed elevation, certified by a

professional engineer or surveyor.

D. A certificate from a licensed professional engineer or architect that any utility

floodproofing will meet the criteria in § 170-16C , Utilities.

E. A certificate from a licensed professional engineer or architect that any non-residential

floodproofed structure will meet the floodproofing criteria in § 170-19 , Nonresidential

Structures.

F. A description of the extent to which any watercourse will be altered or relocated as a

result of proposed development. Computations by a licensed professional engineer must

be submitted that demonstrate that the altered or relocated segment will provide equal

or greater conveyance than the original stream segment. The applicant must submit any

maps, computations or other material required by the Federal Emergency Management

Agency (FEMA) to revise the documents enumerated in § 170-6 , when notified by the

Local Administrator, and must pay any fees or other costs assessed by FEMA for this

purpose. The applicant must also provide assurances that the conveyance capacity of

the altered or relocated stream segment will be maintained.

G. A technical analysis, by a licensed professional engineer, if required by the Local

Administrator, which shows whether proposed development to be located in an

area of special flood hazard may result in physical damage to any other property.

H. In Zone A, when no base flood elevation data are available from other sources, base

flood elevation data shall be provided by the permit applicant for subdivision

proposals and other proposed developments (including proposals for manufactured

home and recreational vehicle parks and subdivisions) that are greater than either 50

lots or 5 acres.

I. In Zones V1-V30, VE, V, and Coastal A if base flood elevations are available, designs

and specifications, certified by a licensed professional engineer or architect, for any

breakaway walls in a proposed structure with design strengths in excess of 20 pounds

per square foot.

J. In Zones V1-V30, VE, V, and Coastal A if base flood elevations are available, for all

new and substantial improvements to structures, floodplain development permit

applications shall be accompanied by design plans and specifications, prepared in

sufficient detail to enable independent review of the foundation support and connection

components. Said plans and specifications shall be developed or reviewed by a licensed

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professional engineer or architect, and shall be accompanied by a statement, bearing

the signature of the architect or engineer, certifying that the design and methods of

construction to be used are in accordance with accepted standards of practice and with

all applicable provisions of this local law.

§ 170-14. Duties and Responsibilities of the Local Administrator.

Duties of the Local Administrator shall include, but not be limited to the following.

A. Permit Application Review. The Local Administrator shall conduct the following permit

application review before issuing a floodplain development permit:

(1) Review all applications for completeness, particularly with the requirements of

§ 170-13 , Application for a Permit, and for compliance with the provisions and

standards of this law.

(2) Review subdivision and other proposed new development, including manufactured

home parks to determine whether proposed building sites will be reasonably safe

from flooding. If a proposed building site is located in an area of special flood

hazard, all new construction and substantial improvements shall meet the applicable

standards of Article V, Construction Standards and, in particular, § 170-15B

Subdivision and Development Proposals.

(3) Determine whether any proposed development in an area of special flood hazard

may result in physical damage to any other property (e.g., stream bank erosion and

increased flood velocities).

(a) The Local Administrator may require the applicant to submit additional technical

analyses and data necessary to complete the determination.

(b) If the proposed development may result in physical damage to any other property

or fails to meet the requirements of Article V, Construction Standards, no permit

shall be issued. The applicant may revise the application to include measures that

mitigate or eliminate the adverse effects and re-submit the application.

(4) Determine that all necessary permits have been received from those

governmental agencies from which approval is required by State or Federal

law.

B. Use of Other Flood Data.

(1) When the Federal Emergency Management Agency has designated areas of

special flood hazard on the community's Flood Insurance Rate map (FIRM) but

has neither produced water surface elevation data (these areas are designated

Zone A or Von the FIRM) nor identified a floodway, the Local Administrator shall

obtain, review and reasonably utilize any base flood elevation and floodway data

available from a Federal, State or other source, including data developed

pursuant to § 170-13H , as criteria for requiring that new construction, substantial

improvements or other proposed development meet the requirements of this law.

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(2) When base flood elevation data are not available, the Local Administrator may

use flood information from any other authoritative source, such as historical data,

to establish flood elevations within the areas of special flood hazard, for the

purposes of this law.

C. Alteration of Watercourses.

(1) Notification to adjacent municipalities that may be affected and the New York State

Department of Environmental Conservation prior to permitting any alteration or

relocation of a watercourse and submit evidence of such notification to the Regional

Administrator, Region 2, Federal Emergency Management Agency.

(2) Determine that the permit holder has provided for maintenance within the altered or

relocated portion of said watercourse so that the flood carrying capacity is not

diminished.

D. Construction Stage.

(1) In Zones A1-A30, AE, AH, and Zone A if base flood elevation data are available,

upon placement of the lowest floor or completion of floodproofing of a new or

substantially improved structure, obtain from the permit holder a certification of

the as-built elevation of the lowest floor or floodproofed elevation, in relation to

mean sea level. The certificate shall be prepared by or under the direct supervision

of a licensed land surveyor or professional engineer and certified by same. For

manufactured homes, the permit holder shall submit the certificate of elevation

upon placement of the structure on the site. A certificate of elevation must also be

submitted for a recreational vehicle if it remains on a site for 180 consecutive days

or longer (unless it is fully licensed and ready for highway use).

(2) In Zones V1-V30, VE, V, and Coastal A if base flood elevation data are available,

upon placement of the lowest floor of a new or substantially improved structure, the

permit holder shall submit to the Local Administrator a certificate of elevation, in

relation to mean sea level, of the bottom of the lowest structural member of the

lowest floor (excluding pilings and columns). The certificate shall be prepared by or

under the direct supervision of a licensed land surveyor or professional engineer and

certified by same. For manufactured homes, the permit holder shall submit the

certificate of elevation upon placement of the structure on the site. An elevation

certificate must also be submitted for a recreational vehicle if it remains on a site

180 consecutive days or longer (unless it is fully licensed and ready for highway

use).

(3) Any further work undertaken prior to submission and approval of the

certification shall be at the permit holder's risk. The Local Administrator shall

review all data submitted. Deficiencies detected shall be cause to issue a stop

work order for the project unless immediately corrected.

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E. Inspections. The Local Administrator and/or the developer's engineer or architect shall

make periodic inspections at appropriate times throughout the period of construction in

order to monitor compliance with permit conditions and enable said inspector to certify,

if requested, that the development is in compliance with the requirements of the

floodplain development permit and/or any variance provisions.

F. Stop Work Orders.

(1) The Local Administrator shall issue or cause to be issued a stop work order for any

floodplain development found ongoing without a development permit. Disregard of

a stop work order shall subject the violator to the penalties described in § 170-9 of

this local law.

(2) The Local Administrator shall issue, or cause to be issued, a stop work order for

any floodplain development found non-compliant with the provisions of this law

and/or the conditions of the development permit. Disregard of a stop work order

shall subject the violator to the penalties described in § 170-9 of this local law.

G. Certificate of Compliance.

(1) In areas of special flood hazard; as determined by documents enumerated in § 170-6 ,

it shall be unlawful to occupy or to permit the use or occupancy of any building or

premises, or both, or part thereof hereafter created. erected, changed, converted or

wholly or partly altered or enlarged in its use or structure until a certificate of

compliance has been issued by the Local Administrator stating that the building or

land conforms to the requirements of this local law.

(2) A certificate of compliance shall be issued by the Local Administrator upon

satisfactory completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted as

prescribed in Subdivision E of this Section, above, Inspections, and/or any certified

elevations, hydraulic data, floodproofing, anchoring requirements or

encroachment analyses which may have been required as a condition of the

approved permit.

H. Information to be Retained. The Local Administrator shall retain and make available for

inspection, copies of the following:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures required pursuant to

§ 170.14D(1) and § 170.14D(2), and whether the structures contain a basement;

(3) Floodproofing certificates required pursuant to § 170.14D(1), and whether the

structures contain a basement; and

(4) Variances issued pursuant to Article VI, Variance Procedures; and

(5) Notices required under § 170.14C, Alteration of Watercourses.

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(6) Base flood elevations developed pursuant to sub-section § 170.13G and supporting

technical analysis.

ARTICLE V

Construction Standards

§ 170-15. General Standards.

The following standards apply to new development, including new and substantially

improved structures, in areas of special flood hazard shown on the Flood Insurance

Rate Map designated in § 170.6.

A. Coastal High Hazard Areas and Coastal A Zones. The following requirements

apply within V1-V30, VE, V and Coastal A Zones:

(1) All new construction, including manufactured homes and recreational vehicles on

site 180 days or longer and not fully licensed for highway use, shall be located

landward of the reach of high tide.

(2) The use of fill for structural support of buildings, manufactured homes or

recreational vehicles on site 180 days or longer is prohibited.

(3) Man-made alteration of sand dunes which would increase potential flood damage is

prohibited.

B. Subdivision and development proposals. The following standards apply to all

new subdivision proposals and other proposed development in areas of special

flood hazard (including proposals for manufactured home and recreational

vehicle parks and subdivisions):

(1) Proposals shall be consistent with the need to minimize flood damage.

(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be

located and constructed to minimize flood damage.

(3) Adequate drainage shall be provided to reduce exposure to flood damage.

(4) Proposed development shall not result in physical damage to any other property (e.g.

stream bank erosion or increased flood velocities). If requested by the Local

Administrator, the applicant shall provide a technical analysis, by a licensed

professional engineer, demonstrating that this condition has been met.

(5) Proposed development shall be designed, located, and constructed so as to offer the

minimum resistance to the flow of water and shall be designed to have a minimum

effect upon the height of flood water.

(6) Any equipment or materials located in a special flood hazard area shall be elevated,

anchored, and floodproofed as necessary to prevent flotation, flood damage, and the

release of hazardous substances.

(7) No alteration or relocation of a watercourse shall be permitted unless:

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(a) A technical evaluation by a licensed professional engineer demonstrates that the

altered or relocated segment will provide conveyance equal to or greater than

that of the original stream segment and will not result in physical damage to any

other property;

(b) If warranted, a conditional revision of the Flood Insurance Rate Map is obtained

from the Federal Emergency Management Agency, with the applicant providing

the necessary data, analyses, and mapping and reimbursing the Town of Webster

for all fees and other costs in relation to the applications; and

(c) The applicant provides assurance that maintenance will be provided so that the

flood carrying capacity of the altered or relocated portion of the watercourse will

not be diminished.

C. Encroachments.

(1) Within Zones A1 – A130 and AE, on streams without a regulatory floodway, no new

construction, substantial improvements or other development (including fill) shall be

permitted unless:

(a) The applicant demonstrates that the cumulative effect of the proposed

development, when combined with all other existing and anticipated development,

will not increase the water surface elevation of the base flood more than one foot

at any location, or

(b) The Town of Webster agrees to apply to the Federal Emergency Management

Agency (FEMA) for a conditional FIRM revision, FEMA approval is received

and all applicant provides all necessary data, analyses and mapping and

reimburses the Town of Webster for all fees and other costs in relation to the

application. The applicant must also provide all data, analyses and mapping and

reimburse the Town of Webster for all costs related to the final map revision.

(2) On streams with a regulatory floodway, as shown on the Flood Boundary and

Floodway Map or the Flood Insurance Rate Map adopted in § 170.6, no new

construction, substantial improvements or other development in the floodway

(including fill) shall be permitted unless:

(a) A technical evaluation by a licensed professional engineer demonstrates through

hydrologic and hydraulic analyses performed in accordance with standard

engineering practice that such an encroachment shall not result in any increase

in flood levels during occurrence of the base flood, or

(b) The Town of Webster agrees to apply to the Federal Emergency Management

Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval

is received and the applicant provides all necessary data, analyses and mapping

and reimburses the Town of Webster for all fees and other costs in relation to the

application. The applicant must also provide all data, analyses and mapping and

reimburse the Town of Webster for all costs related to the final map revisions.

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(3) In a Special Flood Hazard Area (SFHA), if any development is found to increase or

decrease base flood elevations, the Town of Webster shall as soon as practicable, but

not later than six months after the date such information becomes available, notify

FEMA and the New York State Department of Environmental Conservation of the

changes by submitting technical or scientific data in accordance with standard

engineering practice.

§ 170-16. Standards for All Structures.

The following standards apply to new development, including new and substantially

improved structures, in the areas of special flood hazard shown on the Flood

Insurance Rate Map designated in § 170.6.

A. Anchoring. New structures and substantial improvement to structures in areas of

special flood hazard shall be anchored to prevent flotation, collapse, or lateral

movement during the base flood. This requirement is in addition to applicable

State and local anchoring requirements for resisting wind forces.

B. Construction Materials and Methods.

(1) New construction and substantial improvements to structures shall be constructed

with materials and utility equipment resistant to flood damage.

(2) New construction and substantial improvements to structures shall be constructed

using methods and practices that minimize flood damage.

(3) For enclosed areas below the lowest flood of a structure within Zones A1-A30, AE,

AO or A, new substantially improved structures shall have fully enclosed areas

below the lowest floor that are useable solely for parking of vehicles, building access

or storage in an area other than a basement and which are subject to flooding,

designed to automatically equalize hydrostatic flood forces on exterior walls by

allowing for the entry and exit of flood waters.

(a) Designs for meeting this requirement must either be certified by licensed

professional engineer or architect or meet or exceed the following

minimum criteria:

[1] A minimum of two openings of each enclosed area having a total net

area of not less than one square inch for every square foot of enclosed

area subject to flooding.

[2] The bottom of all such openings no higher than one foot above grade.

[3] Openings not less than three inches in any direction.

(b) Openings may be equipped with louvers, valves, screens or other

coverings or devices provided they permit the automatic entry and exit of

floodwaters. Enclosed areas sub-grade on all sides are considered

basements and are not permitted.

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(4) Within Zones V1-V30, VE, V and Coastal A if base flood elevation are available, new

construction and substantial improvements shall have the space below the lowest

floor either free from obstruction or constructed with non-supporting 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. The enclosed

space below the lowest floor shall be used only for parking vehicles, building access

or storage. Use of this space for human habitation is expressly prohibited. The

construction of stairs, stairwells and elevator shafts are subject to the design

requirements for breakaway walls.

C. Utilities.

(1) New and replacement electrical equipment, heating, ventilating, air conditioning,

plumbing connections, and other service equipment shall be located at least two feet

above the base flood elevation or be designed to prevent water from entering and

accumulating within the components during a flood and to resist hydrostatic and

hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction

boxes and panels shall be elevated or designed to prevent water from entering and

accumulating within the components unless they conform to the appropriate

provisions of the electrical part of the Building Code of New York State or the

Residential Code of New York State for location of such items in wet locations.

(2) New and replacement water supply systems shall be designed to minimize or

eliminate infiltration of flood waters into the system.

(3) New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for

building that have openings below the base flood elevation shall be provided with

automatic backflow valves or other automatic backflow devices that are installed in

each discharge line passing through a building’s exterior wall.

(4) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

D. Storage Tanks

(1) Underground tanks shall be anchored to prevent flotation, collapse and lateral

movement during conditions of the base flood.

(2) Above-ground tanks shall be:

(a) Anchored to prevent flotation, collapse or lateral movement during conditions of

the base flood, or

(b) Installed at or above the base flood elevation as shown on the Flood Insurance

Rate Map enumerated in § 170-6 plus two feet.

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§ 170-17. Residential Structures (except Coastal High Hazard Areas and Coastal A

Zones).

A. Elevation. The following standards apply to new and substantially improved

residential structures located in areas of special flood hazard, in addition to the

requirements in § 170-15B , Subdivision and Development Proposals, § 170-15C ,

Encroachments, and § 170-16 , Standards for All Structures.

(1) Within Zones A1-A30, AE, AH if base flood elevation data are available, new

construction and substantial improvements shall have the top of the lowest floor

(including basement) elevated to or above two feet above the base flood elevation.

Within Zones AH adequate drainage paths are required to guide flood waters around

and away from proposed structures on slopes.

(2) Within Zone A, when no base flood elevation data are available, a base flood

elevation shall be determined by either:

(a) Obtain and reasonably use data available from a federal, state or other source

plus two feet of freeboard, or

(b) Determine the base flood elevation in accordance with accepted hydrologic and

hydraulic engineering practice, plus two feet of freeboard. Determinations shall

be undertaken by a registered design professional who shall document that the

technical methods used reflect currently accepted engineering practice. Studies,

analyses, and computations shall be submitted in sufficient detail to allow

thorough review and approval.

(3) Within Zone AO, new construction and substantial improvements shall have the

lowest floor (including basement) elevated above the highest adjacent grade at least

as high as the depth number specified in feet on the community’s Flood Insurance

Rate Map enumerated in § 170-6 plus one foot of freeboard. In areas designated as

Zone AO where a depth number is not specified on the map, the depth number shall

be taken as being equal to 2 feet. Within AO, adequate drainage paths are required

to guide flood waters around and away from proposed structures on slopes.

§ 170-18. Residential Structures (Coastal High Hazard Areas and Coastal A

Zones).

The following standards, in addition to the standards in § 170-15A , Coastal High

Hazard Areas and Coastal A Zones, and § 170-15B , Subdivision and Development

Proposals, and § 170-16 Standards for All Structures, apply to new and substantially

improved residential structures located in areas of special flood hazard shown as

Zones V1-V30, VE, V or Coastal A on the community’s Flood Insurance Rate Map

designated in § 170-6.

A. Elevation. New construction and substantial improvements shall be elevated on

pilings, columns or shear walls such that the bottom of the lowest horizontal

structural member supporting the lowest elevated floor (excluding columns, piles,

diagonal bracing attached to the piles or columns, grade beams, pile caps or

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other members designed to either withstand storm action or break away without

imparting damaging loads to the structure) is elevated to or above two feet above

base flood elevation so as not to impede the flow of water.

B. Determination of Loading Forces. Structural design shall consider the effects of

wind and water loads acting simultaneously during the base flood on all building

components.

(1) The structural design shall be adequate to resist water forces that would occur

during the base flood. Horizontal water loads considered shall include inertial and

drag forces of waves, current drag forces, and impact forces from waterborne storm

debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other

natural or man-made flow obstructions could cause wave runup beyond the elevation

of the base flood.

(2) Buildings shall be designed and constructed to resist the forces due to wind pressure.

Wind forces on the superstructure include windward and leeward forces on vertical

walls, uplift on the roof, internal forces when opening allow wind to enter the house,

and upward force on the underside of the house when it is exposed. In the design, the

wind should be assumed to blow potentially from any lateral direction relative to the

house.

(3) Wind loading values used shall be those required by the building code.

C. Foundation Standards.

(1) The pilings or column foundation and structure attached thereto shall be adequately

anchored to resist flotation, collapse or lateral movement due to the effects of wind

and water pressures acting simultaneously on all building components. Foundations

must be designed to transfer safely to the underlying soil all loads due to wind,

water, dead load, live load and other loads (including uplift due to wind and water).

(2) Spread footings and fill material shall not be used for structural support of a new

building or substantial improvement of an existing structure.

D. Pile Foundation Design.

(1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for

individual piles (this shall not apply to pile clusters located below the design grade).

The maximum center-to-center spacing of wood piles shall not be more than 12 feet

on center under load bearing sills, beams, or girders.

(2) Pilings shall have adequate soil penetration (bearing capacity) to resist the

combined wave and wind loads (lateral and uplift) associated with the base flood

acting simultaneously with typical structure (live and dead) loads and shall include

consideration of decreased resistance capacity caused by erosion of soil strata

surrounding the piles. The minimum penetration for foundation piles is to an

elevation of 5 feet below mean sea level (msl) datum if the BFE is +10 msl or less, or

to be at least 10 feet below msl if the BFE is greater than +10 msl.

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(3) Pile foundation analysis shall also include consideration of piles in column action

from the bottom of the structure to the stable soil elevation of the site. Pilings may be

horizontally or diagonally braced to withstand wind and water forces.

(4) The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for

round timber piles and 8 by 8 inches for square timber piles. All wood piles must be

treated in accordance with requirements of EPEE-C3 to minimize decay and damage

from fungus.

(5) Reinforced concrete piles shall be cast of concrete having a 28-day ultimate

compressive strength of not less than 5,000 pounds per square inch, and shall be

reinforced with a minimum of four longitudinal steel bars having a combined area of

not less than 1% nor more than 4% of the gross concrete area. Reinforcing for

precast piles shall have a concrete cover of not less than 1 ¼ inches for No. 5 bars

and smaller and not less than 1 ½ inches for No. 6 through No. 11 bars.

Reinforcement for piles cast in the field shall have a concrete cover of no less than 2

inches.

(6) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered

into place.

(7) Additional support for piles in the form of bracing may include lateral or diagonal

bracing between piles.

(8) When necessary, piles shall be braced at the ground line in both directions by a

wood timber grade beam or a reinforced concrete grade beam. These at-grade

supports should be securely attached to the piles to provide support even if scoured

from beneath.

(9) Diagonal bracing between piles, consisting of 2-inch by 8-inch (minimum) members

bolted to the piles, shall be limited in location to below the lowest supporting

structural member and above the stable soil elevation, and aligned in the vertical

plane along pile rows perpendicular to the shoreline. Galvanized steel rods

(minimum diameter ½ inch) or cable type bracing is permitted in any plane.

(10) Knee braces, which stiffen both the upper portion of a pile and the beam-topile connection, may be used along pile rows perpendicular and parallel to

the shoreline. Knee braces shall be 2-by-8 lumber bolted to the sides of the

pile/beam, of 4-by-4 or larger braces framed into the pile/beam. Bolting shall

consist of two 5/8 inch galvanized steel bolts (each end) for 2-by-8 members,

or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not

extend more than 3 feet below the elevation of the base flood.

E. Column Foundation Design. Masonry piers or poured-in-place concrete piers

shall be internally reinforced to resist vertical and lateral loads, and be

connected with a movement-resisting connection to a pile cap or pile shaft.

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F. Connectors and Fasteners. Galvanized metal connectors, wood connectors, or

bolts of size and number adequate for the calculated loads must be used to

connect adjoining components of a structure. Toe nailing as a principal method

of connection is not permitted. All metal connectors and fasteners used in exposed

locations shall be steel, hot-dipped galvanized after fabrication. Connectors in

protected interior locations shall be fabricated from galvanized steel.

G. Beam to Pile Connections. The primary floor beams or girders shall span the

supports in the direction parallel to the flow of potential floodwater and wave

action and shall be fastened to the columns or pilings by bolting, with or without

cover plates. Concrete members shall be connected by reinforcement, if cast in

place, or (of precast) shall be securely connected by bolting and welding. If sills,

beams, or girders are attached to wood piling at a notch, a minimum of two (5/8)

inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by 4

inches by 18 inches each bolted with two ½ inch lag bolts per beam member shall

be used. Notching of pile tops shall be the minimum sufficient to provide ledge

support for beam members without unduly weakening pile connections. Piling

shall not be notched so that the cross section is reduced below 50%.

H. Floor and Deck Connections.

(1) Wood 2-by-4-inch (minimum) connectors or metal joist anchors shall be used to tie

floor joists to floor beams/girders. These should be installed on alternate floor joists,

at a minimum. Cross bridging of all floor joists shall be provided. Such cross

bridging may be 1-by-3-inch members, placed 8 feet on-center maximum, or solid

bridging of same depth as joist at same spacing.

(2) Plywood should be used for subflooring and attic flooring to provide good torsional

resistance in the horizontal plane of the structure. The plywood should not be less

than (3/4)-inch total thickness and should be exterior grade and fastened to beams or

joists with 8d annular or spiral thread galvanized nails. Such fastening shall be

supplemented by the application of waterproof industrial adhesive applied to all

bearing surfaces.

I. Exterior Wall Connections. All bottom plates shall have any required breaks

under a wall stud or an anchor bolt. Approved anchors will be used to secure

rafters or joists and top and bottom plates to studs in exterior and bearing walls

to form a continuous tie. Continuous 15/32-inch or thicker plywood sheathingoverlapping the top wall plate and continuing down to the sill, beam, or girdermay be used to provide the continuous tie. If the sheets of plywood are not

vertically continuous, then 2-by-4 nailer blocking shall be provided at all

horizontal joints. In lieu of the plywood, galvanized steel rods of ½ inch diameter

or galvanized steel straps not less than 1 inch wide by 1/16 inch thick may be

used to connect from the top wall plate to the sill, beam, or girder. Washers with

a minimum diameter of 3 inches shall be used at each end of the ½ inch round

rods. These anchors shall be installed no more than 2 feet from each corner rod,

no more than 4 feet on center.

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J. Ceiling Joist/Rafter Connections.

(1) All ceiling joists or rafters shall be installed in such a manner that the joists

provide a continuous tie across the rafters. Ceiling joists and rafters shall be

securely fastened at their intersections. A metal or wood connector shall be

used at alternate ceiling joist/rafter connections to the wall top plate.

(2) Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2foot centers between the rafters at each gable end. Blocking shall be installed

a minimum of 8 feet toward the house interior from each gable end.

K. Projecting Members. All cantilevers and other projecting members must be

adequately supported and braced to withstand wind and water uplift forces. Roof

eave overhangs shall be limited to a maximum of 2 feet and joist overhangs to a

maximum of 1 foot. Larger overhangs and porches will be permitted if designed

or reviewed and certified by a registered professional engineer or architect.

L. Roof Sheathing.

(1) Plywood or other wood material, when used as roof sheathing, shall not be less than

15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All

attaching devices for sheathing and roof coverings shall be galvanized or be of other

suitable corrosion resistant material.

(2) All comers, gable ends, and roof overhangs exceeding six inches shall be reinforced

by the application of waterproof industrial adhesive applied to all bearing surfaces

of any plywood sheet used in the sheathing of such comer, gable end, or roof

overhang.

(3) In addition, roofs should be sloped as steeply as practicable to reduce uplift

pressures, and special care should be used in securing ridges, hips, valleys, eaves,

vents, chimneys, and other points of discontinuity in the roofing surface.

M. Protection of Openings. All exterior glass panels, windows, and doors shall be

designed, detailed, and constructed to withstand loads due to the design wind

speed of 75 mph. Connections for these elements must be designed to transfer

safely the design loads to the supporting structure. Panel widths of multiple panel

sliding glass doors shall not exceed three feet.

N. Breakaway Wall Design Standards.

(1) The breakaway wall shall have a design safe loading resistance of not less than 10

and not more than 20 pounds per square foot, with the criterion that the safety of the

overall structure at the point of wall failure be confirmed using established

procedures. Grade beams shall be installed in both directions for all piles considered

to carry the breakaway wall load. Knee braces are required for front row piles that

support breakaway walls.

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(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be

permitted unless a registered professional engineer or architect has developed or

reviewed the structural design and specifications for the building foundation and

breakaway wall components, and certifies that (1) the breakaway walls will fail

under water loads less than those that would occur during the base flood; (2) the

elevated portion of the building and supporting foundation system will 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). Water loading values used shall be those associated with the base flood.

Wind loading values shall be those required by the building code.

§ 170-19. Non-residential Structures (except Coastal High Hazard Areas and

Coastal A Zones).

The following standards apply to new and substantially improved commercial,

industrial and other non-residential structures located in areas of special flood

hazard, in addition to the requirements in § 170-15B , Subdivision and Development

Proposals, and § 170-15C , Encroachments, and § 170-16 , Standards for All

Structures.

A. Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are

available, new construction and substantial improvements of any non-residential

structure, together with attendant utility and sanitary facilities, shall either:

(1) Have the lowest floor, including basement or cellar, elevated to or above two feet

above the base flood elevation; or

(2) Be floodproofed so that the structure is watertight below two feet above the base

flood elevation, including attendant utility and sanitary facilities, with walls

substantially impermeable to the passage of water. All structural components located

below the base floor elevation must be capable of resisting hydrostatic and

hydrodynamic loads and the effects of buoyancy.

B. Within Zone AO, new construction and substantial improvements of non-residential

structures shall:

(1) Have the lowest floor (including basement) elevated above the highest adjacent

grade at least as high as the depth number specified in feet on the community’s

FIRM plus two feet (at least three feet if no depth number is specified); or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to

that level to meet the floodproofing standard specified in § 170-19A (2).

C. If the structure is to be floodproofed, a licensed professional engineer or architect shall

develop and/or review structural design, specifications, and plans for construction. A

Floodproofing Certificate or other certification shall be provided to the Local

Administrator that certifies the design and methods of construction are in accordance

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with accepted standards of practice for meeting the provisions of § 170-19A (2),

including the specific elevation (in relation to mean sea level) to which the structure is to

be floodproofed.

D. Within Zone AH and AO, adequate drainage paths are required to guide flood waters

around and away from proposed structures on slopes.

E. Within Zone A, when no base flood elevation data are available, the lowest floor

(including basement) shall be elevated at least three feet above the highest adjacent

grade.

§ 170-20. Non-residential Structures (Coastal High Hazard Areas and Coastal A

Zones).

In Zones V1-V30, VE, V, and Coastal A if base flood elevations are available, new

construction and substantial improvements of any non-residential structure, together

with attendant utility and sanitary facilities, shall have the bottom of lowest member

of the lowest floor elevated to or above two feet above the base flood elevation.

Floodproofing of structures is not an allowable alternative to elevating the lowest

floor to two feet above the base flood elevation in Zones V1-V30, VE, V, and Coastal

A.

§ 170-21. Manufactured Homes and Recreational Vehicles.

The following standards in addition to the standards in § 170-15 , General Standards,

and § 170-16 , Standards for All Structures apply, as indicated, in areas of special

flood hazard to manufactured homes and to recreational vehicles which are located

in areas of special flood hazard.

A. Recreational vehicles placed on sites with Zones A, A1-A30, AE, AH, AO, V1-V30, V,

and VE shall either:

(1) Be on site fewer than 180 consecutive days;

(2) Be fully licensed and ready for highway use; or

(3) Meet requirements for manufactured homes in paragraphs § 170-21B , C and D.

A recreational vehicle is ready for highway use if it is on its wheels or jacking

system, is attached to the site only by quick disconnect type utilities and security

devices and has no permanently attached additions.

B. Within Zones A1-A30, AE, AH, the bottom of the frame of the manufactured home shall

be elevated to meet the requirements of § 170-17A (1). Elevation on piers consisting of

dry stacked blocks is prohibited.

C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated to

meet the requirements of § 170-17A (2). Elevation on piers consisting of dry stacked

blocks is prohibited.

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D. Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to

meet the requirements of § 170-17A (3). Elevation on piers consisting of dry stacked

blocks is prohibited.

E. Within V or VE, manufactured homes must meet the requirements of § 170-18.

F. The foundation and anchorage of manufactured homes to be located in identified

floodways shall be designed and constructed in accordance with ASCE 24.

§ 170-22. Accessory Structures including Detached Garages.

The following standards apply to new and substantially improved accessory

structures, including detached garages, in the areas of special flood hazard shown on

the Flood Insurance Rate Map designated in § 170-6.

A. The accessory structure must meet the definition of structure, for floodplain management

purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as

having two outside rigid walls and a fully secured roof.

B. The accessory structure should be small, as defined by the community and approved by

FEMA, and represent a minimal investment. Accessory structures of any size may be

considered for a variance; however, FEMA considers accessory structures that meet the

following criteria to be small and therefore not necessarily in need of a variance, if the

community chooses to allow it:

(1) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of

a one-story, two-car garage.

(2) Located in a V Zone (V, VE, V1-V30) and less than or equal to 100 square feet.

C. Accessory structures must meet the standards of § 170-16A , Anchoring.

D. The portions of the accessory structure located below BFE plus two feet of freeboard

must be constructed with flood-resistant materials.

E. Mechanical and utility equipment for the accessory structure must be elevated or dry

floodproofed to or above BFE plus two feet of freeboard.

F. Within Zone AO and Zone A, if base flood elevation data are not available, areas below

three feet above the highest adjacent grade shall be constructed using methods and

practices that minimize flood damage.

G. The accessory structure must comply with the floodway encroachment provisions of the

NFIP.

H. The accessory structure must be wet floodproofed to protect the structure from

hydrostatic pressure. The design must meet the NFIP design and performance standards

for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of

floodwaters without manual operation or the presence of a person (or persons)

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I. Within Zone V1-V30, VE, V, and Coastal A, unelevated accessory buildings must be

unfinished inside, constructed with flood-resistant materials, and used only for storage.

When an accessory building is placed in these zones, the design professional must

determine the effect that debris from the accessory building will have on nearby

buildings. If the accessory building is large enough that its failure could create

damaging debris or divert flood flows, it must be elevated above the base flood elevation

plus two feet.

ARTICLE VI

Variance Procedure

§ 170-23. Appeals Board.

A. The Planning Board as established by the Town of Webster shall hear and decide

appeals and requests for variances from the requirements of this local law.

B. The Planning Board shall hear and decide appeals when it is alleged there is an error in

any requirement, decision, or determination made by the Local Administrator in the

enforcement or administration of this local law.

C. Those aggrieved by the decision of the Planning Board may appeal such a decision to

the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

D. In passing upon such applications, the Planning Board, shall consider all technical

evaluations, all relevant factors, standards specified in other sections of this local law

and:

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

(2) The danger to 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; and

(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 floodplain

management program of that area; and

(9) The safety of access to the property in times of flood or ordinary and emergency

vehicles;

(10) The costs to local governments and the dangers associated with conducting search

and rescue operations during periods of flooding;

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Webster Town Board

(11) 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

(12) 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.

E. Upon consideration of the factors set forth in § 170-23D , above, and the purposes of this

local law, the Planning Board may attach such conditions to the granting of variances

as it deems necessary to further the purposes of this local law.

F. The Local Administrator shall maintain the records of all appeal actions including

technical information and report any variances to the Federal Emergency Management

Agency upon request.

170-24. Conditions for Variances.

A. 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 elevation, providing items

(1-12) in § 170-23D above have been fully considered. As the lot size increases beyond

the one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures up

determination that:

(1) The preposed repair or rehabilitation will not preclude the structure’s continued

designation as a “Historic Structure”; and

(2) The variance is the minimum necessary to preserve the historic character and design

of the structure.

C. Variances may be issued by a community for new construction and substantial

improvements and for other development necessary for the conduct of a functionally

dependent use provided that:

(1) The criteria of subparagraphs A, D, E and F of this section are met; and

(2) The structure or other development is protected by methods that minimize flood

damages during the base flood and create no additional threat to public safety.

D. Variances shall not be issued within any designated floodway if any increase in flood

levels during the base flood discharge would result.

E. Variances shall only be issued upon a determination that the variance is the minimum

necessary, considering the flood hazard, to afford relief.

F. Variances shall only be issued upon receiving written justification of:

(1) A showing of good and sufficient cause;

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(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 or conflict with existing local

laws or ordinances.

G. Any applicant to whom a variance is granted for a building with the lowest floor below

base flood elevation shall be given written notice over the signature of a community

official that:

(1) The issuance of a variance to construct a structure below the base flood level will

result in increased premium rates for flood insurance up to amounts as high as

$25.00 for $100.00 of insurance coverage; and

(2) Such construction below the base flood level increased risks to life and property.

Such notification shall be maintained with the record of all variance actions as

required in § 170-14H of this Local Law.

3. This Local Law shall take effect immediately upon the appropriate filing as

required by law.

4. The Town Clerk is hereby authorized and directed to take such action as may be

necessary to carry this Resolution into effect.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

The meeting was open to the floor for public comment.

Several Webster residents appeared before the Town Board to express their concerns and/or

support for a proposed Town Resolution related to an application for the establishment of a

privately-owned heliport at 893 Dewitt Road. Not in favor of the Town approving the proposed

Resolution were George Winter, Harold Bayley, Al Sienkiewicz, Joan Schlegel, Jan Glende, and

Sally Turner. In favor of the Town approving the proposed Resolution were Chris Belt, Bill

McDonald, John Saulsgiver, Kyle Malone and John Musson. Jared Hirt, the applicant’s attorney,

appeared before the Town Board to answer questions and to provide additional information

regarding the application.

A Webster resident from Cherry Ridge appeared before the Town Board. She arrived late and

asked if the Town Board had made a decision on adopting a local law to change the Sewer

Connection Fee.

***

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Webster Town Board

Resolution No. 187: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the May 16, 2024 Town Board Minutes as submitted by the Town Clerk.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 188: MOTION by Councilwoman Cataldi, seconded by Councilwoman Wright,

to approve the bills as submitted in Warrant #0624 by the Director of Finance.

Fund

General (A,B) CL #1688-1933

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Trust & Agency (T/A,TP,XM,XD)

Capital Projects (H) #67-73

H231 WWTP Upgrade Phase II

H232 Highway Garage Building

TOTAL

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Inside

243,335.61

78,373.72

59,106.99

47,958.25

6,170.85

8,592.50

0.00

Outside

214,294.60

66,690.43

22,412.42

14,911.69

3,438.93

0.00

229,746.05

Total

457,630.21

145,064.15

81,519.41

62,869.94

9,609.78

8,592.50

229,746.05

2,140,615.71

960,730.00

3,544,883.63

0.00

0.00

551,494.12

2,140,615.71

960,730.00

4,096,377.75

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 189: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the prepaid vouchers included in Warrant #0624 by the Director of Finance in the

amount of $551,494.12. [Included in the summary of vouchers approved in Resolution #188]

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 190: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

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Webster Town Board

Resolution No. 191: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve Budget Transfers as presented by the Director of Finance.

Expense Budget Transfer Journal Entry #2

Effective Date 06/06/2024

Line

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

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28.

29.

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31.

32.

33.

34.

35.

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42.

225

Account Code

A1110.20000

A1110.20011

A1220.20011

A1220.40000

A1310.40139

A1310.40155

A1325.40043

A1325.40054

A1325.40067

A1355.40027

A1430.40036

A1910.40070

A1920.40236

A1931.40037

A1989.40008

A1989.40203

A1989.10000

A7020.10043

A1990.40091

A3120.40117

A3120.40120

A3129.40002

A3120.40128

A3410.20011

A3410.40166

A3510.40163

A3510.40235

A4545.40172

A1990.40091

A5010.20011

A5010.20058

A5182.10039

A5182.10078

A6410.40202

A6410.40204

A6772.20000

A6772.40209

A7020.20011

A7020.20063

A7110.10031

A7110.10031

A9060.80022

Department

Justice Court

Justice Court

Supervisor

Supervisor

Director of Finance

Director of Finance

Technology Admin & Maint

Technology Admin & Maint

Technology Admin & Maint

Assessment

Personnel

Insurance

Special Items

Judgements & Claims

Cable Access

Cable Access

Cable Access

Recreation

Contingency

Law Enforcement

Law Enforcement

Crime Proceeds

Law Enforcement

Fire Marshal

Fire Marshal

Animal Control

Animal Control

Emergency/Senior Services

Contingency

Highway Superintendent

Highway Superintendent

Street Light/Signs/Signals

Street Light/Signs/Signals

Publicity

Publicity

Program for Aging

Program for Aging

Recreation

Recreation

Park Department

Park Department

Hospitalization

Previous

1,500.00

3,500.00

1,400.00

2,000.00

200.00

3,000.00

0.00

0.00

22,900.00

45,000.00

6,000.00

395,000.00

0.00

0.00

0.00

15,000.00

73,146.00

0.00

190,000.00

1,500.00

0.00

0.00

110,000.00

800.00

3,300.00

0.00

0.00

50,000.00

190,000.00

5,100.00

1,020.00

0.00

10,200.00

0.00

45,000.00

1,500.00

37,000.00

5,300.00

5,000.00

8,000.00

8,000.00

590,000.00

Changed

446.00

(446.00)

1,320.00

(1,320.00)

509.00

(509.00)

320.00

4,150.00

620.00

(5,090.00)

21,000.00

13,000.00

46,800.00

1,200.00

250.00

3,050.00

(50,000.00)

35,000.00

(70,300.00)

400.00

1,100.00

200.00

(1,700.00)

130.00

(130.00)

2,666.00

1,420.00

78,957.00

(83,043.00)

230.00

(230.00)

20.00

(20.00)

1,500.00

(1,500.00)

1,400.00

(1,400.00)

270.00

(270.00)

6,670.00

5,700.00

(12,370.00)

Amended

1,946.00

3,054.00

2,720.00

680.00

709.00

2,491.00

320.00

4,150.00

23,520.00

39,910.00

27,000.00

408,000.00

46,800.00

1,200.00

250.00

18,050.00

23,146.00

35,000.00

119,700.00

1,900.00

1,100.00

200.00

108,300.00

930.00

3,170.00

2,666.00

1,420.00

128,957.00

106,957.00

5,330.00

790.00

20.00

10,180.00

1,500.00

43,500.00

2,900.00

35,600.00

5,570.00

4,730.00

14,670.00

13,700.00

577,630.00

06-06-2024

Webster Town Board

Line Account Code

43. A8989.20000

44. A8989.40053

45. A1989.10023

46. A9061.80030

47. A9061.80034

48. A9061.80022

49. A9061.80024

50. A9785.60110

51. A9730.70143

52. B1490.40165

53. B1490.40318

54. B1490.10110

55. B3620.20011

56. B3620.20096

57. B3620.40023

58. B1490.10010

59. B9060.80034

60. B3620.10117

61. C9060.80030

62. C9060.80024

63. D5110.10072

64. D5110.10116

65. D5148.10139

66. D5148.10140

67. D9060.80034

68. D9060.80022

69. G8120.20011

70. G8120.20085

71. G8130.40411

72. G8130.40412

73. G9062.80034

74. G9062.80022

75. G9950.90000

76. L7410.40140

77. L7410.40754

78. M8540.40032

79. M8540.40305

80. L9040.80016

81. L9040.80015

Vote on motion:

Department

Communications

Communications

Cable Access

Police Hospitalization

Police Hospitalization

Police Hospitalization

Police Hospitalization

Installment Loan Oblig

Bond Anticipation Notes

Public Works

Public Works

Public Works

Building Department

Building Department

Building Department

Public Works

Hospitalization

Building Department

Hospitalization

Hospitalization

General Repairs

General Repairs

Services for Other Govt’s

Services for Other Govt’s

Hospitalization

Hospitalization

Sanitary Sewer

Sanitary Sewer

Sewage Treatment/Disposal

Sewage Treatment/Disposal

Hospitalization-Collect

Hospitalization-Collect

Transfer to Capital Fund

Library

Library

Drainage

Drainage

Workers Compensation

Workers Compensation

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Previous

500.00

0.00

4,000.00

62,000.00

24,000.00

490,000.00

980,000.00

42,401.00

7,000.00

0.00

0.00

104,524.00

2,500.00

0.00

500.00

34,000.00

800.00

78,964.00

300.00

35,000.00

13,260.00

558,900.00

5,175.00

201,825.00

6,000.00

540,000.00

4,938.00

146,655.00

580.00

2,500.00

1,200.00

160,000.00

50,000.00

750.00

68,000.00

0.00

25,550.00

0.00

4,000.00

Changed

1,750.00

600.00

(2,350.00)

23,000.00

19,500.00

(23,000.00)

(19,500.00)

2,770.00

(2,770.00)

27,660.00

2,565.00

(30,225.00)

630.00

6,950.00

1,850.00

(9,430.00)

1,800.00

(1,800.00)

2,750.00

(2,750.00)

3,720.00

(3,720.00)

3,700.00

(3,700.00)

2,560.00

(2,560.00)

1,230.00

(1,230.00)

40.00

(40.00)

1,400.00

(5,400.00)

4,000.00

250.00

(250.00)

205.00

(205.00)

600.00

(600.00)

Amended

2,250.00

600.00

1,650.00

85,000.00

43,500.00

467,000.00

960,500.00

45,171.00

4,230.00

27,660.00

2,565.00

74,299.00

3,130.00

6,950.00

2,350.00

24,570.00

2,600.00

77,164.00

3,050.00

32,250.00

16,980.00

555,180.00

8,875.00

198,125.00

8,560.00

537,440.00

6,168.00

145,425.00

620.00

2,460.00

2,600.00

154,600.00

54,000.00

1,000.00

67,750.00

205.00

25,345.00

600.00

3,400.00

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 192: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to

approve Budget Amendments as presented by the Finance Director.

226

06-06-2024

Webster Town Board

Budget Amendments Journal Entry #3

Effective Date 06/06/2024

Line Account Code Department

Previous

Changed Amended

1. A3120.10054 Law Enforcement

0.00

132,000.00

132,000.00

2. A430.04089

Federal Aid

0.00 (132,000.00) (132,000.00)

3. B1490.40278 Public Works

5,000.00

145,000.00

150,000.00

4. B210.01560

Departmental Income

(40,000.00) (145,000.00) (185,000.00)

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 193: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

adopt the Standard Workday and Reporting Resolution for the New York State and Local

Employees’ Retirement System.

BE IT RESOLVED that the Town of Webster hereby establishes the following as standard

workdays for elected and appointed officials and will report the following days worked to the

New York State and Local Employees’ Retirement System based on the record of activities

maintained and submitted by these officials to the clerk of this body:

Title

Elected Officials:

Town Justice

Town Board

Town Board

Name

Standard

Work/Day

(Hrs/day)

Seppeler, Christine 6

Cahill, John

6

Wright, Jennifer

6

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright ........Aye

Term

1/1/24-12/31/27

1/1/24-12/31/27

1/1/24-12/31/27

Days/Month

Record of

Activities Tier

9.99

13.11

14.17

6

6

6

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried .................. 5-0

***

Resolution No. 194: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve the transfer of $53,658.46 from the Sewer Fund to close Capital Project H0222 Klem

Road and Fawnwood Pump Station Improvements.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

227

06-06-2024

Webster Town Board

Resolution No. 195: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to

enter into a Security Services Contract with Frontline Security and Protection, LLC, 516 Titus

Avenue, Irondequoit, New York with services to be rendered at the Webster Town Court located

at 1002 Ridge Road, Webster, New York.

[Contract to be filed in the Town Clerk’s Office]

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Absent

Councilwoman Wright……Aye

Motion carried ................. 4-0

***

Following a presentation by Paul Chatfield, MRB Group, and Art Petrone, Deputy

Commissioner of Public Works-Sewer on the current condition of the Vosburg Pump Station, the

Town Board considered the following Resolution.

Resolution No. 196: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

declare Lead Agency for the State Environmental Quality Review (SEQR) for the Vosburg

Pump Station Improvement Project.

WHEREAS, the Town of Webster Town Board (hereinafter referred to as “Town Board”),

intends to make improvements to the existing Vosburg Pump Station, including the replacement

of pumps, motors, valves, piping, miscellaneous appurtenances, heating and ventilation

improvements, electrical improvements (including controls, variable frequency drives and

replacement of the emergency power generator), and replacement of the forcemain discharge

manhole in the Town of Webster, Monroe County, NY (the “Action”); and

WHEREAS, the Town Board has determined the proposed action referenced above to be a Type

1 Action under Part 617 of the State Environmental Quality Review (SEQR) Regulations; and

WHEREAS, the Town Board has on Thursday May 2, 2024, declared its intent to be designated

the Lead Agency for the proposed Action under the provisions of the State Environmental

Quality Review (SEQR) Regulations; and

WHEREAS, the Town Board has provided written notices to this effect to the involved and

interested agencies; and

WHEREAS, the Town Board has not received any written objections from the involved agencies

to the Board’s being designated as the lead agency under the SEQR Regulations; and

WHEREAS, the Town Board has previously determined that it is the most appropriate agency to

insure the coordination of this Action and for making the determination of significance thereon

under the SEQR Regulations:

NOW, THEREFORE BE IT RESOLVED that the Town Board does hereby designate itself as

the lead agency for the Action identified above herein.

228

06-06-2024

Webster Town Board

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 197: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to

issue a State Environmental Quality Review (SEQR) Determination of Significance for the

Vosburg Pump Station Improvement Project.

WHEREAS, the Town of Webster Town Board (hereinafter referred to as “Town Board”),

intends to make improvements to the existing Vosburg Pump Station, including the replacement

of pumps, motors, valves, piping, miscellaneous appurtenances, heating and ventilation

improvements, electrical improvements (including controls, variable frequency drives and

replacement of the emergency power generator), and replacement of the forcemain discharge

manhole in the Town of Webster, Monroe County, NY (the “Action”); and

WHEREAS, the Town Board has determined the above referenced Action to be a Type 1 Action

pursuant to Part 617 of the State Environmental Quality Review (SEQR) regulations; and

WHEREAS, the Town Board determined that said Action to be subject to a coordinated review

and approval by other involved agencies under SEQR Regulations; and

WHEREAS, the Town Board has been designated the lead agency, under the provisions of Part

617.6 (3) and (4) of article 8 of the State Environmental Conservation Law; and

WHEREAS, the Town Board has given consideration to the comments provided by the involved

agencies and interested agencies at tonight’s meeting; and

WHEREAS, the Town Board has completed its review of Parts 2 and 3 of the Full

Environmental Assessment Form (EAF); and

WHEREAS, the Town Board has given consideration to the criteria for determining significance

as set forth in Section 617.7 (c) of the SEQR Regulations and the information contained in Parts

1, 2 and 3 of the Full EAF:

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby accept the

findings contained in Parts 2 and 3 of the Full EAF and directs the Town Supervisor to sign and

date the Full EAF Part

3. NOW, THEREFORE, BE IT RESOLVED that the Town Board has reasonably concluded the

following impacts are expected to result from the proposed Action, when compared against the

criteria in Section 617.7 (c):

(i)

229

there will not be a substantial adverse change in existing air quality, ground or surface

water quality or quantity, traffic noise levels; a substantial increase in solid waste

production; a substantial increase in potential for erosion, flooding, leaching or

drainage problems;

06-06-2024

Webster Town Board

(ii)

there will not be large quantities of vegetation or fauna removed from the site or

destroyed as the result of the proposed Action; there will not be substantial interference

with the movement of any resident or migratory fish or wildlife species as the result of

the proposed Action; there will not be a significant impact upon habitat areas on the

site; there are no known threatened or endangered species of animal or plant, or the

habitat of such species; or, are there any other significant adverse impacts to natural

resources on the site;

(iii) there are no known Critical Environmental Area(s) on the site which will be impaired

as the result of the proposed Action;

(iv) the overall density of the site is consistent with the Town’s Comprehensive Plan land

use recommendations;

(v)

the site is will not negatively impact an identified archaeological sensitive area;

(vi) there will not be an increase in the use of either the quantity or type of energy resulting

from the proposed Action;

(vii) there will not be any hazard created to human health;

(viii) there will not be a change in the use of active agricultural lands that receive an

agricultural use tax exemption or that will ultimately result in the loss of ten acres of

such productive farmland;

(ix) there will not be a larger number of persons attracted to the site for more than a few

days when compared to the number of persons who would come to the site absent the

Action;

(x)

there will not be created a material demand for other Actions that would result in one of

the above consequences;

(xi) there will not be changes in two or more of the elements of the environment that when

considered together result in a substantial adverse impact; and

(xii) there are not two or more related Actions which would have a significant impact on the

environment.

BE IT FURTHER RESOLVED, based upon the information and analysis above and the

supporting documentation referenced above, the proposed Action WILL NOT result in any

significant adverse environmental impacts.

BE IT FINALLY RESOLVED, that the Town Board does hereby make a Determination of

Non-Significance on the proposed improvements, and the Town Supervisor is hereby directed to

sign the Full Environmental Assessment Form Part 3 and issue the Negative Declaration as

evidence of the Planning Board’s determination.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

230

06-06-2024

Webster Town Board

Resolution No. 198: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

authorize the Town of Webster to undertake improvements to the Vosburg Pump Station; stating

the maximum estimated cost thereof is $5,700,000; appropriating said amount therefor; and

authorizing the issuance of up to $5,700,000 in Serial Bonds of the Town to finance said

appropriation.

WHEREAS, the Town Board (the “Town Board”) the Town of Webster, Monroe County, New

York (the “Town”) proposes to authorize the issuance of $5,700,000 in serial bonds of the Town

to finance certain improvements to the Vosburg Pump Station (the “Project”) all as more

particularly described in a report prepared by MRB Group entitled “Capital Improvement Plan

for the Vosburg Pump Station, dated February 16, 2022”, as amended by an “Engineering Report

Amendment, dated June 3, 2024”; and

WHEREAS, by resolutions adopted on May 2, 2024 and June 6, 2024 (immediately prior to the

adoption of this resolution), the Town Board (i) determined that the actions to be undertaken in

connection with the Project (collectively, the “Action”) constitute a “Type I” action pursuant to

the provisions of the New York State Environmental Quality Review Act and the regulations

promulgated thereunder (6 NYCRR Part 617) (collectively, “SEQRA”), (ii) the Town Board

assumed lead agency status for purposes of conducting a coordinated review of the Action in

accordance with SEQRA, and (iii) the Town Board determined that the Action will not result in

any significant adverse environmental impacts, adopted a “Negative Declaration” pursuant to

SEQRA with respect thereto, and directed that a notice of Negative Declaration be filed and

published, to the extent required under SEQRA; and

WHEREAS, the Board now wishes to appropriate funds for the Project and to authorize the

issuance of the Town’s serial bonds and bond anticipation notes to be issued to finance the

aforementioned specific object or purpose.

NOW, THEREFORE, BE IT RESOLVED: By the Town Board of the Town of Webster,

Monroe County, New York (by the favorable vote of not less than two-thirds of all the members

of such body), as follows:

SECTION

1. The Town is hereby authorized to undertake certain improvements to the Vosburg

Pump Station all as more particularly described in a report prepared by MRB Group entitled

“Capital Improvement Plan for the Vosburg Pump Station, dated February 16, 2022”, as

amended by an “Engineering Report Amendment, dated June 3, 2024”. It is hereby determined

that the maximum estimated cost of the aforementioned class of object or purpose is $5,700,000,

said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of

(i) the issuance of the $5,700,000 in serial bonds of the Town authorized to be issued pursuant to

this resolution or bond anticipation notes issued in anticipation of such bonds, (ii) the application

of up to $100,000 in current funds of the Town, (iii) the application of monies from a Water

Infrastructure Improvement Act grant expected to be received by the Town from the State of

New York Environmental Facilities Corporation with respect to the Project, and (iv) unless paid

from other sources, the levy and collection of taxes on all taxable real property of the Town to

pay the principal of such bonds or notes and the interest thereon as the same become due and

payable.

231

06-06-2024

Webster Town Board

SECTION

2. Serial bonds of the Town in the principal amount of $5,700,000 are hereby

authorized to be issued pursuant to provisions of Local Finance Law, constituting Chapter 33-a

of the Consolidated Laws of the State of New York (the “Law”) to finance the aforementioned

class of object or purpose.

SECTION

3. It is hereby determined that the period of probable usefulness of the

aforementioned class of object or purpose is thirty (30) years, pursuant to subdivision 4. of

paragraph a. of Section 11.00 of the Law.

SECTION

4. The temporary use of available funds of the Town, not immediately required for

the purpose or purposes for which the same were borrowed, raised or otherwise created, is

hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in

this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or

bond anticipation notes authorized by this resolution. This resolution shall constitute a

declaration of official intent to reimburse the expenditures authorized herein with the proceeds of

the bonds and bond anticipation notes authorized herein, as required by United States Treasury

Regulations Section 1.150-2.

SECTION

5. The final maturity of the bonds herein authorized to be issued shall be in excess

of five (5) years measured from the date of issuance of the first serial bond or bond anticipation

note issued pursuant to this resolution.

SECTION

6. Each of the serial bonds authorized by this resolution and any bond anticipation

notes issued in anticipation of said bonds shall contain the recital of validity prescribed by

Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in

anticipation of said bonds shall be general obligations of the Town, payable as to both principal

and interest by a general tax upon all the real property within the Town subject to applicable

statutory limits, if any. The faith and credit of the Town are hereby irrevocably pledged to the

punctual payment of the principal and interest on said serial bonds and bond anticipation notes

and provisions shall be made annually in the budget of the Town by appropriation for (a) the

amortization and redemption of the bonds and bond anticipation notes to mature in such year and

(b) the payment of interest to be due and payable in such year.

SECTION

7. Subject to the provisions of this resolution and of the Law, pursuant to the

provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond

anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00

through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to

authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as

to the sale and issuance of bonds herein authorized, including without limitation the

determination of whether to issue bonds having substantially level or declining debt service and

all matters related thereto, and of any bond anticipation notes issued in anticipation of said

bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town

Supervisor, as the chief fiscal officer of the Town (the “Town Supervisor”). Such notes shall be

of such terms, form and contents as may be prescribed by said Town Supervisor consistent with

the provisions of Local Finance Law. Further, in connection with bonds and bond anticipation

notes issued under the authority of Section 1 hereof, the power to contract with and issue bonds

and bond anticipation notes to the New York State Environmental Facilities Corporation

pursuant to Section 169.00 of the Law and to approve the terms, form and content of such bonds

232

06-06-2024

Webster Town Board

and bond anticipation notes, consistent with the provisions of the Law, is hereby delegated to the

Town Supervisor. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event

that bonds to be issued for the object or purpose authorized by this resolution are combined for

sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or

more objects or purposes authorized by other resolutions of this Town Board, then the power of

the Town Board to determine the “weighted average period of probable usefulness” (within the

meaning of subdivision a. of Section 11.00 of the Law) for such combined objects or purposes is

hereby delegated to the Supervisor, as the chief fiscal officer of the Town.

SECTION

8. The Town Supervisor is hereby further authorized, at his sole discretion, to

execute a project financing and loan agreement, and any other agreements with the New York

State Department of Environmental Conservation and/or the New York State Environmental

Facilities Corporation, including amendments thereto, and including any instruments (or

amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of

the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial

bond, and, or a bond anticipation note issue in the event of the sale of same to the New York

State Environmental Facilities Corporation.

SECTION

9. The Town Supervisor is hereby further authorized to take such actions and

execute such documents as may be necessary to ensure the continued status of the interest on the

bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable

from gross income for federal income tax purposes pursuant to Section 103 of the Internal

Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this

resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax-exempt

bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION

10. The Town Supervisor is further authorized to enter into a continuing disclosure

undertaking with or for the benefit of the initial purchasers of the bonds or notes authorized by

this resolution in compliance with the provisions of Rule 15c2-12, promulgated by the Securities

and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION

11. The intent of this resolution is to give the Town Supervisor sufficient authority to

execute those applications, agreements and instruments, or to do any similar acts necessary to

affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to

further action of the Board.

SECTION

12. Pursuant to subdivision b. of Section 35.00 of the Law, this resolution is subject

to a permissive referendum in the manner prescribed by Article 7 of the Town Law of the State

of New York (the “Town Law”). The Town Clerk is hereby authorized and directed, within ten

(10) days after the date of adoption of this resolution, to publish and post a notice satisfying the

requirements of Section 90 of the Town Law, which shall set forth the date of adoption of this

resolution, shall contain an abstract hereof, and shall specify that this resolution was adopted

subject to a permissive referendum. Such notice shall be published in the official newspaper of

the Town for such purpose.

SECTION

13. This resolution shall take effect thirty (30) days after the date of its adoption or, if

within such thirty (30) day period there is filed with the Town Clerk a petition subscribed and

acknowledged by the number of qualified electors of the Town required by Section 91 of the

233

06-06-2024

Webster Town Board

Town Law and in the manner specified in such Section, until approved by the affirmative vote of

a majority of such qualified electors voting on a proposition for its approval.

SECTION

14. The validity of the bonds authorized by this resolution and of any bond

anticipation notes issued in anticipation of said bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not

authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of

such resolution are not substantially complied with, and an action, suit or proceeding

contesting such validity is commenced within twenty (20) days after the date of such

publication; or

(c) such obligations are authorized in violation of the provisions of the constitution.

SECTION

15. Upon this resolution becoming effective, the Town Clerk is hereby authorized

and directed to cause a copy of this resolution, or a summary thereof, to be published, together

with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the

official newspaper(s) of the Town for such purpose, together with a notice of the Town Clerk

substantially the form provided in Section 81.00 of the Law.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 199: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

award the bid for Public Safety Vehicle Repair and Maintenance Services.

WHEREAS, on April 24, 2024 bids were advertised in the Webster Herald for Public Safety

Vehicle Repair and Maintenance Services; and

WHEREAS, on May 15, 2024 at 11:05 a.m. prevailing time three (3) sealed bids were publicly

opened and read aloud; and

WHEREAS, the following bids was received:

•

•

•

Bob Johnson Ford

Vision Auto Group

West Herr Ford of Webster

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board of the Town of Webster awards the best value-based bid for Public Safety

Vehicle Repair and Maintenance Services to Bob Johnson Ford, 1675 Interstate Drive, Avon

New York 14414.

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Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 200: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve settlement of multiple years of a tax certiorari matter involving 1688 Lake Road.

WHEREAS, tax certiorari litigation was commenced and has continued on behalf of property

located at 1688 Lake Road, Town of Webster, Parcel #037.03-1-4, for the tax years 2019-2023;

and

WHEREAS, issue had been joined by the Town, and discussions had between the attorneys for

the parties, and appraisals conducted; and

WHEREAS, the parties, by their attorneys, have come to an agreement to settle the matters

currently before the Court, which settlement will result in a reduction of past assessments of the

subject property, and result in refunds of some of the property taxes paid upon such property;

and

WHEREAS, upon the advice and recommendation of the Town Attorney, the proposed

settlement includes the following reductions and refunds:

Proposed Assessment Reductions:

Tax Roll Year 2019 – 1688 Lake Road (037.03-1-4) $2,745,000.00 to $2,109,800.00

Tax Roll Year 2020 – 1688 Lake Road (037.03-1-4) $2,745,000.00 to $2,109,800.00

Tax Roll Year 2021 – 1688 Lake Road (037.03-1-4) $2,745,000.00 to $2,376,000.00

Tax Roll Year 2022 – 1688 Lake Road (037.03-1-4) $2,745,000.00 to $2,384,000.00

Tax Roll Year 2023 – 1688 Lake Road (037.03-1-4) $2,745,000.00 to $2,160,500.00

Estimated Tax Refunds:

1688 Lake Road (037.03-1-4) – Town of Webster $14,124.59 (Five years, including interest)

WHEREAS, the Town of Webster has the authority to authorize payment of these aforesaid tax

refunds; and

WHEREAS, the matter has been fully discussed by the Town Board:

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board hereby agrees to refund to Vito C. Quatela and Laura G. Quatela the sum

of Fourteen Thousand One Hundred Twenty-Four Dollars and Fifty Nine Cents ($14,124.59),

including interest, or an amount as appropriately calculated based upon the assessment

reductions set forth above as and for refunds of Town property taxes paid.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

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Resolution No. 201: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

consider approval of a license agreement for a fence installation with a town drainage easement

at 511 Sherborne Road, Tax Account No. 064.08-1-18.

WHEREAS, a 20+ foot wide drainage easement was granted to the Town of Webster and

recorded in the Monroe County Clerk’s Office in Liber 208 of Maps, Page 44, on and along the

rear (western) and left(southern) boundaries of the property at 511 Sherborne Road, Town of

Webster; and

WHEREAS, Troy Kroll and Ashley Kroll are the owners of the property located at 511

Sherborne Road, Town of Webster, Tax ID #064.08-1-18; and

WHEREAS, Troy Kroll and Ashley Kroll have applied to erect an approximately 392 linear feet

of six foot high wooden stockade fence along the sides and the rear of the property at 511

Sherborne Road and upon and within the aforesaid easement in conformance with the height and

setback requirements as set forth in the Code of the Town of Webster, and that in the event the

placement and/or height of such fence is not in such conformance, such fence shall not be

constructed unless the proper variance(s) is/are received from the Town of Webster Zoning

Board of Appeals; and

WHEREAS, the applicants have requested relief from the Webster Town Board to permit the

aforesaid six-foot-high wooden fence to exist upon and encroach within said easement; and

WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public

good will not be harmed thereby:

NOW, THEREFORE, BE IT RESOLVED:

1. Pursuant to application of Troy Kroll and Ashley Kroll, owners of 511 Sherborne Road, and

in recognition of the hardship created if the relief sought herein is not granted, the limited

detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster

Town Board hereby allows the construction of the aforesaid wooden stockade-style fence and

attached gate which will exist upon and encroach upon the easement affecting 511 Sherborne

Road, Town of Webster.

2. This Resolution in no way applies to any other encroachment, violations or relief sought by

the owners, their successors, grantees or assigns from any other building, structure or zoning

violation which may exist on such premises.

3. This relief is granted upon the following conditions:

A. The proposed fence (and gate at the south side of the property) shall encroach upon the

said easement as proposed as shown, hand-drawn, on the survey map prepared by Ronald

W. Staub, 1845 North Clinton Avenue, Rochester, New York 14621, last dated

August 5, 1981 and shall be removable.

B. The proposed fence (and gate) shall not be expanded to further encroach on or in the

easement, nor will it be moved from its permitted place within the easement as shown on

the Instrument Survey Map presented to the Town Board, and as referenced above.

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C. Upon the destruction or demolition of the aforesaid fence and/or gate or any part of

thereof, through natural causes or otherwise, the Owners of the fence and gate will not

reconstruct it without a specific Resolution of the Town Board authorizing its

replacement or reconstruction.

D. The Owners of the fence shall be solely responsible for any damage caused by or to the

fence as a result of the Town’s maintenance of said easement, and the Owners, their

successors and assigns further agree to indemnify, defend and hold the Town harmless

from any and all loss or damage caused to or by the fence and/or gate as a result of work

done by the Town as a result of reasonable and necessary work done by the Town within

said easement.

E. In the event of an emergency, or if the Town deems it necessary or imperative, the Town

will have the right to remove or take down all or any part of said fence and gate, without

recourse by the Owners or their successors or assigns to such removal or taking down.

F. This Resolution shall in no way affect the rights, if any, of any other public entities or

public utilities in or to said easement.

4. The record Owners of the proposed fence and the Town of Webster will enter into a licensing

agreement incorporating all the conditions of this Resolution in form and substance as

approved by the Town Attorney, and which will further provide that the Owners, at their

expense, will record the licensing agreement in the Monroe County Clerk’s Office.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 202: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

appoint Danene M. Marr as Town Clerk and Receiver of Taxes effective July 1, 2024 for a term

of 1 ½ years, ending December 31, 2025, and that her fees as such be turned over monthly to the

Town Supervisor.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 203: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to

authorize the Town Supervisor to sign a Collection Service Agreement with Commercial

Acceptance Company (CAC) of Camp Hill Pennsylvania for services related to Webster

Emergency Medical Services (WEMS).

[Contract to be filed in Town Clerk’s Office.]

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Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 204: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve the following items for recycling from the Community Development Department:

Bookshelf

Tag #03803

Bookshelf

Tag #02219

Chair

Tag #03262

Grade Level

Tag #03408

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 205: MOTION by Councilwoman Cataldi, seconded by Councilwoman Wright,

to authorize the Town Supervisor to sign a New York State Environmental Facilities Corporation

(NYSEFC) Twenty Million Dollar ($20,000,000.00) Grant Agreement for the Wastewater

Treatment Plant Phase II Project.

[Contract to be filed in Town Clerk’s Office]

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 206: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to

approve an application for the establishment of a privately-owned heliport at 893 Dewitt Road,

Webster, New York commensurate with General Business Law Section 249, and Webster Town

Code Subsection 350-3 which is silent with respect to heliports.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Nay

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 4-1

***

At 10:34 p.m. Supervisor Flaherty called for an Executive Session.

Resolution No. 207: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(f) to

discuss personnel matter.

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WHEREAS, New York State Public Officers Law provides that the Town of Board may enter

into Executive Session to discuss certain subjects or matters:

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board enter into an Executive Session pursuant to New York State Public

Officer’s Law §105(1)(f) to discuss a personnel matter; and

That the following people were authorized to attend: Charles Genese, Town Attorney, Dennis

Kohlmeier, Police Chief and Mark Reed, Police Captain.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 208: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

return to Regular Session at 10:58 p.m.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

There being no further business to come before the Board, the meeting was adjourned at

10:58 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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