LL # 04-2012NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of Wappinger
O Town
❑ Village
Local Law No.
4
of the year 20 12
A local law entitled "Local Law # 4 of 2012, Chapter 133, Flood Damage Prevention."
pnsert Title)
Be it enacted by the Town Board of the
(Name of LegistativeBody)
0 County
❑ City of Wappinger
O Town
❑ Village
TEXT COMMENCES ON NEXT PAGE
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No.
4
of the year 20 12
A local law entitled "Local Law # 4 of 2012, Chapter 133, Flood Damage Prevention."
(Insert Title)
Be it enacted by the Town Board of the
(Name of LegistativeBody)
V County
❑ City of Wappinger
A Town
❑ Village
TEXT COMMENCES ON NEXT PAGE
as follows:
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO. OF THE YEAR 2012
A Local Law entitled "Local Law No. of the Year 2012, Chapter 133, Flood
Damage Prevention".
BE IT ENANCTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as "Local Law No. of the Year 2012, Chapter
133, Flood Damage Prevention" and by adoption hereof shall rescind the present Chapter 133 entitled
"Flood Damage Prevention" in its entirety and replace it with a new Chapter 133 entitled "Flood
Damage Prevention".
Section H: Amendments:
The. Town of Wappinger Code, Chapter 133 entitled "Flood Damage Prevention" is hereby
rescinded in its entirety and is hereby replaced with an entirely new Chapter 133 entitled "Flood
Damage Prevention," to read as follows:
"CHAPTER 133: FLOOD DAMAGE PREVENTION
§ 133-1. Findings.
The Town Board of the Town of Wappinger finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Wappinger 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. This Local
Law is adopted in order to minimize the threat of such damages and to achieve the purposes and
objectives hereinafter set forth.
§ 133-2. Statement of 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 flood prone areas by
adopting provisions and regulations 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;
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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.
§ 133-3. Objectives.
The objectives of this Chapter 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;
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 hazard;
and _ _ -
H. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
§ 133-4. 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.
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B. As used in this Chapter, the following terms shall have the meanings as indicated below:
APPEAL means a request for a review of the Code Enforcement Officer's or Zoning
Administrator's interpretation of any provision of this Chapter or a request for a
variance thereof
AREA OF SHALLOW FLOODING means 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.
AREA OF SPECIAL FLOOD HAZARD 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, A0, Al -A30, A99, V, V0, VE, or V1 -V30.
It is also commonly referred to as the base floodplain or 100 -year floodplain. For
purposes of this Chapter, the term "special flood hazard area (SFHA)" is synonymous
in meaning with the phrase "area of special flood hazard." '
BASE FLOOD means the flood having a one percent chance of being equaled or
exceeded in any given year.
BASEMENT means that portion of a building having its floor subgrade (below ground
level) on all sides.
BUILDING see "Structure".
CELLAR see "Basement".
CRAWL SPACE 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.
CRITICAL FACILITIES means:
(1) Structures or facilities that produce, use or store highly volatile, flammable,
explosive, toxic and/or water -reactive materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who may
not be sufficiently mobile to avoid death or injury during a flood;
(3) Police stations, fire stations, vehicle and equipment storage facilities, and
emergency operations centers that are needed for flood response activities
before, during and after a flood; and
(4) Public and private utility facilities that are vital to maintaining or restoring
normal services to flooded areas before, during and after a flood.
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CUMULATIVE SUBSTANTIAL IMPROVEMENT means any reconstruction,
rehabilitation, addition, or other improvement of a structure that equals or exceeds 50
percent of the market value of the structure at the time of the improvement or repair when
counted cumulatively for 10 years.
DEVELOPMENT 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.
ELEVATED BUILDING
(1) A non -basement building:
(a) built, in the case of a building in Zones Al -A3 0, AE, A, A99, A0, AH,
B, C, X, or D, to have the top of the elevated floor, or in the case of a
building in Zones V 1-30, 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 Al -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.
(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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction_ of streets and either final site
grading or the pouring of concrete pads) is complete before the effective date of the
floodplain management regulations adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets and either final site grading or the
pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY means the Federal agency
that administers the National Flood Insurance Program.
IV
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; and
(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) above.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) means an official map of
the community published by the Federal Emergency Management Agency as part of a
riverine community's Flood Insurance Study. The FBFM delineates a Regulatory
Floodway along water courses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION 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.
FLOOD INSURANCE STUDY see "Flood Elevation Study".
FLOODPLAIN OR FLOOD -PRONE AREA means any land area susceptible to being
inundated by water from any source (see definition of "Flooding").
FLOODPROOFING 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.
FLOODWAY see "Regulatory Floodway".
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FUNCTIONALLY DEPENDENT USE 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.
HIGHEST ADJACENT GRADE means.the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a. structure.
HISTORIC 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;
(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.
LOCALADNIINISTRATOR is the person appointed_ by the_ communis to administer_
and implement this Chapter by granting or denying development permits in accordance
with its provisions. The Town Board hereby designates any Code Enforcement Officer
or the Town's Zoning Administrator as the Local Administrator of this Chapter.
LOWEST FLOOR 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 Chapter.
m
MANUFACTURED HOME 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".
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum
of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
MOBILE HOME see "Manufactured Home".
NATIONAL GEODETIC VERTICAL DATUM (NGVD) as corrected in 1929, a
vertical control used as a reference for establishing varying elevations within the
floodplain.
NEW CONSTRUCTION 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
ONE HUNDRED YEAR FLOOD OR 100 -YEAR FLOOD see "Base Flood".
PRINCIPALLY ABOVE GROUND means that at least 51 percent of the actual cash
value -of the str-acture,-excluding _land value, is above_ ground.
RECREATIONAL VEHICLE means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty truck;
and
(4) Not designed primarily for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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REGULATORY FLOODWAY 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 § 133-133 of this Chapter.
START OF CONSTRUCTION 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.
(1) 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.
(2) 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.
STRUCTURE means a walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE 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.
Substantial damage also means flood -related damages sustained by a structure on two
separate occasions during a 10 -year period for which the cost of repairs at the time of
such flood event, on the average, equals or exceeds 25 percent of the market value of the
structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT 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.
Substantial improvement also means "cumulative substantial 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".
VARIANCE means 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.
VIOLATION means the failure of a structure or other development to be fully compliant
with the community's flood plain management regulations.
§ 133-5. Applicability.
This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town
of Wappinger, Dutchess County.
-§ 13346. Basis for Establishing Areas of Special Flood Hazard.
The areas of special flood hazard for the Town of Wappinger, Community Number 361387, are
identified and defined on the following documents prepared by the Federal Emergency
Management Agency:
A. Flood Insurance Rate Map Panel Numbers:
36027C0369E,36027C0388E,36027C0389E,36027C0393E,36027C0453E,
36027C0454E, 36027C0456E, 36027C0457E, 36027C0458E, 36027C0459E,
36027C0461E,36027C0462E,36027C0466E,36027C0467E,36027C0476E,
36027C0477E,36027C0478E,36027C0481E,36027C0486E,
whose effective date is May 2, 2012, and any subsequent revisions to these map panels
that do not affect areas under our community's jurisdiction.
B. A scientific and engineering report entitled "Flood Insurance Study, Dutchess County,
New York, All Jurisdictions" dated May 2, 2012.
C. The above documents are hereby adopted and declared to be a part of this Chapter.
The3Flood.Insurance_Study and/or -maps are -on -file at the Office of the Town Clerk,
Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York
12590.
§ 133-7. Interpretation and Conflict with Other Laws.
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.
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.
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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.
§ 133-8. Penalties for Non -Compliance.
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 in the amount set forth in Chapter 122, Article V, § 122-
20N of the Town of Wappinger Code 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 Wappinger 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 § 133-20
and § 133-21 will be declared non-compliant and notification sent to the Federal Emergency
Management Agency.
§ 133-9. 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 Wappinger, 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 there under.
§ 133-10. Designation of Local Administrator.
The Code Enforcement Officer or the Zoning Administrator are hereby appointed Local
Administrator to administer and implement this Chapter by granting or denying floodplain
development permits in accordance with its provisions.
§ 133-11. Floodplain Development Permit.
A. Purpose. 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 § 133-6, without a valid Floodplain
Development Permit. Application for a permit shall be made on forms furnished by the
Code Enforcement Officer or Zoning Administrator and may include,
014
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 set forth in Chapter 122, Article IV,., § 122-16F(1) of the Town of
Wappinger Code. In addition, the applicant shall be responsible for reimbursing the
Town of Wappinger for any additional costs necessary for review, inspection and
approval of this project. The Code Enforcement Officer or Zoning Administrator may
require a deposit in an amount as set forth in Chapter 122, Article IV, § 122-16 of the
Town of Wappinger Code, to cover these additional costs.
§ 133-12. 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 lowest floor (including
basement or cellar) of any new or substantially improved structure to be located in
Zones Al -A30, AE or AH, or Zone A if base flood elevation data are available. Upon
completion of the lowest floor, the permitee shall submit to the Code Enforcement
Officer or Zoning 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 non-residential structure will be flood -proofed. Upon completion of the
floodproofed portion of the structure, the permitee shall submit to the Code Enforcement
Officer or Zoning Administrator the as -built flood -proofed 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 § 133-15.C, Utilities.
D. A- certificate -from _a_licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in § 133-17, Non -Residential
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 § 133-6, when notified by the
Code Enforcement Officer or Zoning 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.
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F. A technical analysis, by a licensed professional engineer, if required by the Code
Enforcement Officer or Zoning 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 proposed developments (including proposals for manufactured home and
recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
§ 133-13. Duties and Responsibilities of the Code Enforcement Officer or Zoning
Administrator.
Duties of the Code Enforcement Officer or Zoning Administrator shall include, but not be limited
to the following:
A. Permit Application Review. The Code Enforcement Officer or Zoning 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
§ 133-12, Application for a 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 § 133-14 through § 133-18 and, in particular, § 133-14.A,
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). The Code Enforcement Officer or Zoning Administrator
_may require the. applicant_ to submit additional technical analyses_ and data necessary
to complete the determination. If the proposed development may result in physical
damage to any other property or fails to meet the requirements of § 133-14 through
§ 133-18, General 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 V on
the FIRM) nor identified a floodway, the Code Enforcement Officer or Zoning
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 § 133-12.G, 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 Code Enforcement Officer
or Zoning 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.
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
Administrator, Region R, 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 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 axecreational_vehioleifit_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 Code Enforcement Officer or Zoning
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 Code Enforcement Officer or Zoning 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 Code Enforcement Officer or Zoning 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 § 133-8 of this Chapter.
(2) The Code Enforcement Officer or Zoning 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
§ 133-8 of this Chapter.
G. Certificate of Compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in § 133-6, 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 Code Enforcement Officer or Zoning
Administrator stating that the building or land conforms to the requirements of this
Chapter.
(2) A Certificate of Compliance shall be issued by the Code Enforcement Officer or
Zoning 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 § 133-13.E., 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 Code Enforcement Officer or Zoning 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
§ 133-13.1)(1) and § 133-13.D(2) and, whether or not the structures contain a
basement;
(3) Floodproofing certificates required pursuant to § 133-13.D(1), and whether or
not the structures contain a basement;
(4) Variances issued pursuant to § 133-20 and § 133-21, Variance Procedures; and
(5) Notices required under § 133-13.C, Alteration of Watercourses.
K4 LFA
§ 133-14. 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 § 133-6.
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.
B. Encroachments.
(1) Within Zones Al -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 Wappinger 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 Wappinger 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 Wappinger 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 § 133-6, 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 agy increase in flood levels during occurrence
of the base flood, or
(b) the Town of Wappinger 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,
xv
analyses and mapping and reimburses the Town of Wappinger 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 Wappinger for all costs
related to the final map revisions.
(3) Whenever any portion of a floodplain in authorized for development, the volume of
space occupied by the authorized fill or structure below the base flood elevation
shall be compensated for and balanced by a hydraulically equivalent volume of
excavation taken from below the base flood elevation at or adjacent to the
development site. All such excavations shall be constructed to drain freely to the
watercourse. No area below the waterline of a pond or other body of water can be
credited as a compensating excavation.
§ 133-15. 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 § 133-6.
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 minimae flood damage.
(3) Enclosed Areas.
(a)_ For enclosed_ areas_ below_ the lowest floor of a structure within Zones Al -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 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. 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
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[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 sub -grade 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 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 also 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
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.
(4) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
§ 133-16. Residential Structures.
The following _standards _apply_.to_new_and substantially improved_ residential structures located in
areas of special flood hazard, in addition to the requirements in § 133-14.A, Subdivision
Proposals, and § 133-143, Encroachments, and § 133-15, Standards for all Structures.
A. Within Zones Al -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.
B. Within Zone A, when no base flood elevation data are available, new construction and
substantial improvements shall have the lowest floor (including basement) elevated at
least three feet above the highest adjacent grade.
C. 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
xvii
two feet above the depth number specified in feet on the community's Flood Insurance
Rate Map enumerated in § 133-6 (at least two feet if no depth number is specified).
D. Within Zones AH and AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
§ 133-17. Non-residential Structures.
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 § 133-14.A, Subdivision Proposals, and § 133-143, Encroachments, and § 133-15, Standards
for all Structures.
A. Within Zones Al -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 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 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 non-residential
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 specif ed in § 133-17.A(2) above.
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 Code
Enforcement Officer or Zoning Administrator that certifies the design and methods
of construction are in accordance with accepted standards of practice for meeting the
provisions of § 133-17.A(2) above, 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 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.
§ 133-18. Manufactured Homes and Recreational Vehicles.
The following standards in addition to the standards in § 133-14, General Standards, and § 133-15,
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) Recreation vehicles placed on sites within Zones Al -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 § 133-183, C, D and E.
(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 Al -A30, AE and
AH that is on a site either outside an existing manufactured home park or subdivision as
herein defined, in a new manufactured home park or subdivision as herein defined, in an
expansion to an existing manufactured home park or subdivision as herein defined or 'in
an existing manufactured home park or subdivision as herein defined on which a
manufactured home has incurred substantial damage as the result of a flood 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. Elevation on piers
consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are
not _limited -to use -of _ov-er-the-top9r.frame_ties to_ground anchors.--___
C. A manufactured home to be placed or substantially improved in Zones Al -A30, AE and
AH in an existing manufactured home park or subdivision that is not to be placed on a
site on which a manufactured home has incurred substantial damage shall be:
(1) elevated in a manner such as required in Subsection B of this section; or
(2) 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 the lowest adjacent grade and are securely anchored to an
adequately anchored foundation system to resist flotation, collapse or lateral
movement. Elevation on piers consisting of dry stacked blocks is prohibited.
xix
D. 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 the lowest adjacent
grade and are securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited.
E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as
high as two feet above the depth number specified on the Flood Insurance Rate Map
enumerated in § 133-6 (at least two feet if no depth number is specified). Elevation on
piers consisting of dry stacked blocks is prohibited.
§ 133-19. Critical Facilities.
In order to prevent potential flood damage to certain facilities that would result in serious danger
to life and health, or widespread social or economic dislocation, no new critical facility shall be
located within any area of special flood hazard, or within any 500 -year flood zone shown as a B
zone or a Shaded A zone on the Community's Flood Insurance Rate Maps.
§ 133-20. Appeals Board.
A. The Zoning Board of Appeals as established by the Town of Wappinger shall hear and
decide appeals and requests for variances from the requirements of this Chapter.
B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Code Enforcement
Officer or Zoning Administrator in the enforcement or administration of this Chapter.
C. Those aggrieved by the decision of the Zoning Board of Appeals 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 Zoning Board of Appeals, shall consider all
technical _evaluations, allxelevantiactors, standards_ specified in -other sections I 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;
0
(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
flood waters and the effects of wave action, if applicable, expected at the site; and
(12) the costs of providing governmental services during and after flood conditions,
including search and. rescue operations, maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems and streets and
bridges.
E. Upon consideration of the factors of § 133-20.D and the purposes of this Chapter,
the Zoning Board of Appeals may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this Chapter.
F. The Code Enforcement Officer or Zoning Administrator shall maintain the records
of all appeal actions including technical information and report any variances to the
Federal Emergency Management'Agency upon request.
§ 133-21. Conditions for Variances.
t 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 baseflondlevel,_providing items -in
§133-20.D 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. Any applicant to whom a variance is granted for a building with the lowest floor
below the base flood elevation §hall 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
for $100 of insurance coverage;
(2) such construction below the base flood level increases risks to life and property;
and
(3) such notification shall be maintained with the record of all variance actions as
required in § 133-13.H of this Chapter.
§ 133-22. Enforcement.
This Chapter will be enforced by the Code Enforcement Officer, Zoning Administrator, Fire
Inspector or any police agency having jurisdiction within the Town of Wappinger.
Section III: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law
or their application to other persons or circumstances. It is hereby declared to be the legislative intent of
the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law.or part thereof is held inapplicable
had been specifically exempt therefrom.
Section IV: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this
Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections
of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the
Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed
to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging
of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code
affected thereby.
Section V: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law Municipal Home Rule Law.
MW
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 12 of
the �ta'd(A6'JQUIfC)(Town)tkW§e) of Wappinger was duly passed by the
Town Board on March 12, 20 12 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
on 20 - and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 - in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adoptedin the manner indicated in
paragraph 1 , above.
Cler of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date: 3//(-/// D,
(Certificarwvi to be -executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attomey--of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
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XW�w%
3OAf
Town
=46
Wappinger
Date:
DOS -239 (Rev. 05/05) Page 3 of 3