Webster Town Board
May 16, 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
Finance Director.................................................................................. Paul Adams
***
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Sharon Pratt, Webster Historical Society President, appeared before the Town Board. She
invited Supervisor Flaherty and Councilwoman Nguyen to join her at the podium to present a
historical plaque to the neighborhood of Forest Lawn Drive. Accepting on behalf of the
neighborhood was Mark Gunther.
***
The meeting was open to the floor for public comment.
Dave Malecki, Webster resident, read the following prepared statement.
People I've conversed with at the Irondequoit Bay Outlet Bridge agree the existing bridge is
wonderful for walking across between Irondequoit and Webster. They also tend to indicate the
existing seasonal schedule is “stupid”. Councilwoman Wright has indicated support for changing
the schedule to allow use of the bridge from mid-September until mid-May. I support her
concept; I believe the Town Supervisor supports improved walking access there as well. Please
do what you can to improve the direct pedestrian access between Webster and Irondequoit.
Mike Defabio, Webster resident, stated that for several years he has been trying to find out what
is going on with the bulldozed Bayside site. He asked if the restaurant was going to be replaced.
Supervisor Flaherty responded by stating that at a June or July workshop there will be a
presentation on the status of the Bayside Restaurant site.
***
Resolution No. 171: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve the May 2, 2024 Town Board Minutes as submitted by the Town Clerk.
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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. 172: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve the May 9, 2024 Town Board Workshop 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. 173: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to
approve the bills as submitted in Warrant #0524A by the Director of Finance.
Fund
General (A,B) CL #1494-1687
Highway (C,D)
Sewer (G)
Library (L)
Drainage Districts (M)
Park Districts (P)
Parkland (E)
Water Districts (R/SW)
Special Districts (N,Q,S)
Sewer Districts (J)
Trust & Agency (T/A,TP,XM,XD)
Debt Service
Capital Projects (H) #62-66
H231 WWTP Upgrade Phase II
H232 Highway Garage Building
H237 Coca-Cola/Fairlife
TOTAL
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Wright……Aye
Inside
106,862.69
28,851.36
25,974.08
4,941.98
3,284.41
3,920.00
0.00
0.00
0.00
0.00
0.00
0.00
Outside
775,453.72
74,341.43
40,178.65
12,530.32
3,719.33
0.00
64,116.00
5,548.50
17,000.70
27,948.00
184,195.63
8,663.81
Total
882,316.41
103,192.79
66,152.73
17,472.30
7,003.74
3,920.00
64,116.00
5,548.50
17,000.70
27,948.00
184,195.63
8,663.81
0.00
167,301.52
11,880.00
353,016.04
1,215.46
0.00
0.00
1,214,911.55
1,215.46
167,301.52
11,880.00
1,567,927.59
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen .... Aye
Motion carried ................. 5-0
***
Resolution No. 174: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the prepaid vouchers included in Warrant #0524A by the Director of Finance in the
amount of $1,214,911.55. [Included in the summary of vouchers approved in Resolution #173]
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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. 175: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, 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
***
Resolution No. 176: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
schedule a Public Hearing to consider enacting Local Law repealing and replacing Sections
257-165 and 257-166 of Chapter 257 (Sewer) of the Code of the Town of Webster
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:
NOW, THEREFORE, BE IT RESOLVED:
1. That a Public Hearing shall be scheduled and conducted at a regular meeting of the Town
Board of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road,
in the Town of Webster on Thursday, June 6, 2024, at 7:30 p.m., to consider a Local Law to
repeal, and replace, in their entirety, Sections 257-165 and 257-166 of Chapter 257 of the
Webster Town Code.
2. Such Local Law will be designated as:
Additions are in italics; deletions are struck through.
Proposed LOCAL LAW NO. ____ 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”.
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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.
§ 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.
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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 (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.
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. That the determination of significance under the New York State Environmental Quality
Review Act is to be considered at the time of such Public Hearing.
4. That the Town Clerk give notice of such Public Hearing at least five (5) days prior to such
hearing by publishing a copy of this Resolution once in the Webster Herald, the official
newspaper of the Town of Webster, and posting a copy thereof on the Town Clerk’s Bulletin
Board and Town Website.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 177: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to
accept the Audited Basic Financial Statement Report for the year ended December 31, 2023.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 178: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to
accept the Agreed Upon Procedures Report for the Town Clerk and Receiver of Taxes for the
year ended December 31, 2023.
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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. 179: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to
accept the Agreed Upon Procedures Report for the Justice Accounts for the year ended
December 31, 2023.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 180: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to
authorize the Town Clerk to give public notice of the availability of the Town of Webster’s New
York State Annual Financial Report and Audited Financial Statements as filed in the Town
Clerk’s Office for the fiscal year ended December 31, 2023.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 181: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
schedule a Public Hearing to enact a Local Law repealing current Chapter 170 (Flood Damage
Prevention) of the Code of the Town of Webster and replacing it in its entirety with a new
Chapter
170. 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 proposed addition to the Webster Town Code; and
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WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to
repeal and replacement of Code of the Town of Webster Chapter 170:
NOW, THEREFORE, BE IT RESOLVED:
3. That a Public Hearing shall be scheduled and conducted at a regular meeting of the Town
Board of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road,
in the Town of Webster on Thursday, June 6, 2024, at 7:30 p.m., consider a Local Law to
repeal, in its entirety, the current Chapter 170 of the Code of the Town of Webster, and
replace it with an entirely new Chapter 170 dealing with the same subject.
4. Such Local Law will be designated as:
Additions are in italics; deletions are struck through.
Proposed LOCAL LAW NO. _______ 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”.
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;
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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.
§ 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:
A request for a review of the local administrator's interpretation of any provision
of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding to
an average annual depth of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community
subject to a one-percent-or-greater chance of flooding in any given year. This area may be
designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also
commonly referred to as the "base floodplain" or "100-year floodplain." For purposes of this
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chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the
phrase "area of special flood hazard."
The flood having a one-percent chance of being equaled or exceeded in any
given year.
That portion of a building having its floor subgrade (below ground level) on all
sides.
See "structure."
Has the same meaning as "basement."
An enclosed area beneath the lowest elevated floor, 18 inches or more in
height, which is used to service the underside of the lowest elevated floor. The elevation of the
floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be
properly vented to allow for the equalization of hydrostatic forces which would be experienced
during periods of flooding.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, paving, excavation
or drilling operations or storage of equipment or materials.
ELEVATED BUILDING –
(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.
The federal agency that
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.
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An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations or an examination,
evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community, issued by
the Federal Emergency Management Agency, where the boundaries of the areas of special
flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
See "flood elevation study."
FLOOD or FLOODING
(1) A general and temporary condition of partial or complete inundation of normally dry land
areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(2) "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.
Any land area susceptible to being inundated
by water from any source (See "flooding.").
Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair
facilities. The term does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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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 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.
The person appointed by the community to administer and
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]
Lowest floor of the lowest enclosed area (including basement or cellar).
An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building
access, or storage in an area other than a basement area is not considered a building's lowest
floor provided that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term does not include a recreational vehicle.
A parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the National
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.
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced on or
after the effective date of a floodplain management regulation adopted by the community and
includes any subsequent improvements to such structure.
100-YEAR FLOOD - Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure,
excluding land value, is above ground.
A vehicle which is:
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(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.
The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood Insurance Study or by
other agencies as provided in § 170-14B of this chapter.
The date of permit issuance for new construction and
substantial improvements to existing structures, provided that actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180
days after the date of issuance. The actual start of construction means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction of columns. Permanent
construction does not include land preparation (such as clearing, excavation, grading, or
filling), or the installation of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50% of the market value of
the structure before the start of construction of the improvement. The term includes structures
which have incurred substantial damage, regardless of the actual repair work performed. The
term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions; or
(2) Any alteration of a Historic structure, provided that the alteration will not preclude the
structure's continued designation as a Historic structure.
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A grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this chapter.
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.
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
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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 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) 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
§ 170-14D (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;
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;
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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.
is a structure used solely for parking (two-car detached
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.
means a request for a review of the Local Administrator's interpretation of any
provision of this Local Law or a request for a variance.
means a designated AO, AH or VO Zone on a
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.
is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. This area may be
designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or Vl-V30. It is also commonly
referred to as the base floodplain or JOO-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."
means the flood having a one percent chance of being equaled or exceeded
in any given year.
means that portion of a building having its floor subgrade (below ground
level) on all sides.
means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building or the
supporting foundation system.
see "Structure"
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has the same meaning as "Basement".
Area within a SFHA, landward of a Vl-V30, VE, or V zone or
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 'I 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.
means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. The area is
designated on a FIRM as Zone Vl-V30, VE, VO or V.
means an enclosed area beneath the lowest elevated floor, eighteen
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.
means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, paving,
excavation or drilling operations or storage of equipment or materials.
means a non-basement building (i) 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 Vl-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 AI-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 VI-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.
means the Federal agency that
administers the National Flood Insurance Program.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
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“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.
means an examination, evaluation and determination of the
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood- related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM) - 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.
see "flood elevation study".
means any land area susceptible to being
inundated by water from any source (see definition of Flooding").
means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their contents.
has the same meaning as "Regulatory Floodway".
means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or
port facility necessary for the loading and unloading of cargo or passengers, shipbuilding,
and ship repair facilities. The term does not include long-term storage, manufacturing,
sales, or service facilities.
means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure.
means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
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(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 Yi foot (457 mm) breaking wave height during the base flood.
is the person appointed by the community to administer and
implement this local law by granting or denying development permits in accordance with
its provisions. This person is often the Building Inspector, Code Enforcement Officetr or an
employee of the Engineering Department.
means lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure usable solely for parking of vehicles,
building access, or storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this Local Law.
means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term does not include a
"Recreational vehicle"
means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of
1988 (NAVO 88), or other datum to which base flood elevations shown on a community's
FIRM are referenced.
has the same meaning as "manufactured home".
means structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation adopted by the
community and includes any subsequent improvements to such structure.
ONE HUNDRED YEAR FLOOD OR 100-YEAR FLOOD - has the same meaning as "Base
Flood".
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means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately landward and adjacent
to the beach and subject to erosion and overtopping from high tides and waves during major
coastal storms. The inland limit of the primary frontal dune occurs at the point where there
is a distinct change from a relatively steep slope to a relatively mild slope.
means that at least 51 percent of the actual cash value
of the structure, excluding land value, is above ground.
means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(1) Designed to be self-propelled or permanently towable by a light duty truck; and
(2) Not designed primarily for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood Insurance Study or
by other agencies as provided in § 170-14B of this Law.
means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
means the date of permit issuance for new construction and
substantial improvements to existing structures, provided that actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180
days after the date of issuance. The actual start of construction means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation,
grading, or filling), or the installation of streets or walkways, or excavation for a basement,
footings, piers or foundations, or the erection of temporary forms, or the installation of
accessory buildings such as garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual "start of construction" means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
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means any reconstruction, rehabilitation, addition, or
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".
means a grant of relief from the requirements of this local law which permits
construction or use in a manner that would otherwise be prohibited by this local law.
means the failure of a structure or other development to be fully compliant
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.
(3) A scientific and engineering report entitled “Flood Insurance Study, Monroe County,
New York (All Jurisdictions)” dated August 28, 2008.
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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
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.
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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
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.
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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 VI-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
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.
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§ 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.
(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.
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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 11, 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 Al-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 Vl-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.
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.
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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.
(6) Base flood elevations developed pursuant to sub-section § 170.13G and supporting
technical analysis.
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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.
F. 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.
G. Connectors and Fasteners. Galvanized metal connectors, wood connectors, or
bolts of size and number adequate for the calculated loads must be used to
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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.
H. 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%.
I. 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.
J.
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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 comer rod,
no more than 4 feet on center.
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K. 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.
L. 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.
M. 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.
N. 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.
O. 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
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.
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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.
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.
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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)
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
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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;
(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
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(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 § 170-123D , 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 § 170-123D 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;
(2) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
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(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. 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. 182: MOTION by Councilwoman Cataldi, seconded by Councilwoman Wright,
to approve the following items for recycling from the Sewer Department.
Six Paddle Stirrer
Asset Tag #01211
Platform Loading Steel Asset Tag #00114/03956
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 183: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
table resolution for the Town Supervisor to sign the NYSEFC $20,000,000 Grant Agreement for
the Wastewater Treatment Plant Phase II Project as more time is needed to finalize said
Agreement.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
171
05-16-2024
Webster Town Board
There being no further business to come before the Board, the meeting was adjourned at
8:08 p.m.
___________________________
Dorothy M. Maguire, Town Clerk
172
05-16-2024