Non-Conversion Agreement For Enclosed Area Below The Flood Protection Level - Southern Tier Central Regional Planning And Development Board

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Non-Conversion Agreement
For Enclosed Area Below the Flood Protection Level
This DECLARATION made this ____ day of ____________, 20___, by _____________________________
(“Owner”) having an address at _____________________________________________________________.
WITNESSETH:
WHEREAS, the Owner is the record owner of all that real property located at _________________________
Town / Village / City of ________________________ in the County of ____________________, designated
in the Tax Records as _______________________________.
WHEREAS, the Owner has applied for a Floodplain Development Permit, Application # _____________,
for a new or substantially improved structure on that property that may later be converted in such a manner
as to become non-compliant with the strict elevation requirements in Special Flood Hazard Areas as
specified in the Town / Village / City of _________________________ Local Law for Flood Damage
Prevention, ______________________________.
WHEREAS, the Owner agrees to record this DECLARATION and certifies and declares that the following
covenants, conditions, and restrictions are placed on the affected property as a condition of granting the
Permit, and affects rights and obligations of the Owner and shall be binding on the Owner, his/her heirs,
personal representatives, successors, and assigns.
UPON THE TERMS AND SUBJECT TO THE CONDITIONS, as follows:
1. The structure or part thereof to which these conditions apply is: ________________________________
____________________________________________________________________________________.
2. Enclosed areas below the flood protection level shall be used solely for parking of vehicles, limited
storage, or access to the building. All interior walls, ceilings, and floors below the flood protection level
shall be unfinished or constructed of flood damage-resistant materials.
Mechanical, electrical, or
plumbing devices shall not be installed below the flood protection level unless they are designed to
prevent damage from flooding.
3. The walls of the enclosed areas below the flood protection level shall be equipped and remain equipped
with flood vents that allow the free passage of water automatically in both directions.
4. Any alterations or changes from these conditions constitute a violation of the Permit and may render the
structure uninsurable or increase the cost for flood insurance. The jurisdiction issuing the Permit and
enforcing the Ordinance may take any appropriate legal action to correct any violation.
5. Other conditions: _____________________________________________________________________
____________________________________________________________________________________.
IN WITNESS whereof, the undersigned set their hands this ____ day of _____________________, 20_____.
________________________________________ ________________________________________
Owner
Witness
Prepared by Southern Tier Central Regional Planning and Development Board

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