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LL #5New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, 12231-0001 www. dos. state. ny. us/corps (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 ❑x Town ❑Village (Select one.) of Wappinger Local Law No. 5 of the year 2014 A local law Amending Chapter 133 of the Town Code Known as Flood Damage Prevention. (Insert Title) Be it enacted by the Town Board (Name of Legislative Body) ❑County ❑City ❑x Town ❑Village (Select one:) of Wappinger (TEXT COMMENCES ON NEXT PAGE) of the as follows: (if additional space is needed, attach pages the same size as this sheet, and number each.) DOS -0239 -f -I (Rev. 06/12) Page 2 of 4 LOCAL LAW NO.5 OF THE YEAR 2014 A Local Law entitled "Local Law No. 5 of the Year 2014, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 5 of the Year 2014, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." Section II: Legislative Intent: The purpose of this Local Law is to amend the Flood Insurance Rate Map (FIRM) map panel numbers as required by the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety. Section III: Amendments to Chapter 133: "Flood Damage Prevention": Section 133-6 entitled "Basis for Establishing Areas of Special Flood Hazard" is hereby amended as follows: "§ 133-6. 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: (1) 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. FAO) Chris\Local Laws\LL Flood Prevention\Local Law.doc (2) A scientific and engineering report entitled "Flood Insurance Study, Dutchess County, New York, All Jurisdictions, dated May 2, 2012. (3) Letter of Map Revision, Case Number 13-02-1873P, effective April 2, 2014, amending Panels 36027C0478E and 36027C0486E of the Flood Insurance Rate Map. (4) 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 Office of the Town Clerk, Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, NY 12590. Section IV: Reconfirmation and Ratification: Except as herein modified and amended, Local Law No. 3 of the Year 2012, Creating Chapter 133 of the Town Code, "Flood Damage Prevention" is hereby ratified and reconfirmed. Section V: 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 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 effected thereby. Section VI: 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 F:\0) Chris\Local Laws\LL Flood Prevention\Local Law.doc 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 VII: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. F:\0) ChrisTocal Laws\LL Flood Prevention\Local Law.doc (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. 5 of 2014 of the MVWSYpXt#)(Town)p(XA�4) of Wappinger was duly passed by the Town Board on May 27 2014 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 (Cou nty)(C ity)(Town) (Village) of was duly passed by the 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the Met on (Elective Chief Executive Officer*) 20m, 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 on (Elective Chief Executive Officer*) and was deemed duly adopted of 20 of was duly passed by the 20 , and was (approved)(not approved) 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 (Cou nty)(C ity)(Town) (Village) of on (Name of Legislative Body) (repassed after disapproval) by the (Elective Chief Executive Officer*) was duly passed by the 20 , and was (approved)(not approved) on 20 . Such local 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 -0239 -f -I (Rev. 06/12) Page 3 of 4 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 nd that the same is a correct transcript therefrom and of the whole of such original local law,d wa�fina op d in t e manner indicated in paragraph 1 above. /% erk of the co'anty'tegislative body, City, Town or Village Clerk or fficer designated by local legislativer body (Seal) Date: '� t DOS -0239 -f -I (Rev. 06/12) Page 4 of 4