1987-03-16 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
MARCH 16, 1987
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. March 2, 1987
4. REPORTS OF OFFICERS: Hydrant Rep ,rt Sup/Compt. for Feb. Zng. Adm.
5. PETITIONS & COMMUNICATIONS
a. James A. Klein request to consider Nicole Farms Subdivision as
a Conservation subdivision
b. W. Rohde, Hayward & Pakan, re: E.I.S. for Pizzagalli Dev. Co.
project.
c. J. B. Homer re: notification of intent to apply for State Liquor
License - Golden Wok - New Hackensack Plaza
d. Donald Woodruff application for Hawking and Peddling Lic.
e. Notice of Public Hearing - Town of LaGrange Zoning Ord. AmendmentE
f. E. v. Cunningham, Attny, re: Petition to form Water Dist. for
Pizzagalli Dev. Co.
g. Corr. from ZBA re: Non -Conforming properties - Smithtown Rd. &
Schlicter Rd.
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Request NYSDEC for a 3 month extension on adoption of amendments
to Flood Plain Management regulations & refer to T/Plng Bd,
Eng. to Town and CAC for comments.
b.Request for final payment on various Storm drainage projects by
Dave AlexandeZ4 c.
c. Res. for NYSDOT re: Maintenance of Landscaping of curbed
Medians along Rte 9
d. Introduce Rezoning for Contrail
e. Appoint Hearing Officer to Hear a Personnel matter and authorize
Hearing Officer to hire a court stenographer
f. Authorize Supervisor to sign contract w/Dutchess Co. Assoc. for
Sr. Citizen for Recreation Program for Elderly
g. Authorize Supervisor to contact State Legislators re: Special
Legislation to form Ambulance dist.
8. UNFINISHED BUSINESS
A. Pondview Ejector Station - acceptance by Town
B. Chelsea Boat Ramp - Authorize bidding
9. NEW BUSINESS
10. AJOURNMENT
76
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on March 16, 1987 at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 7:50 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr., Engineer
The meeting started with the Pledge of Allegiance to the Flag,
followed by a moment of silent prayer for the Town of Wappinger and
its residents.
The Minutes of the Regular Bimonthly Meeting of March 2, 1987,
having previously been forwarded to all Board Members, were now
placed before them for their consideration.
MR. FARINA moved that the Minutes of the March 2, 1987 Regular
Bimonthly Meeting, be and they are hereby approved, as submitted by
the Town Clerk.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Reports were received for the month of February from the Supervisor/
Comptroller, Zoning Administrator and the Hydrant Report.
MR. REIS moved to accept the above stated Reports and place them on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Petitions & Communications ---
A request was received from James Klein for the Town Board to consider
Nicole Farms Subdivision as a Conservation Subdivision. The Planning
Board had previously forwarded their recommendation that the Town
Board approve this Subdivision as a Conservation Subdivision.
MRS. PAINO moved to notify the Planning Board that the Town Board
has approved the request of Mr. Klein to consider Nicole Farms
77
Subdivision as a Conservation Subdivision and they reserve the
right to review the plat prior to final approval by the Planning
Board.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Wilfred Rohde, from the firm of Hayward and Pakan Associates,
wrote to the Town Board relating to the preparation of an
Environmental Impact Statement for the Pizzagalli Development
Company for their proposed facility on Myers Corners Road. In order
to address municipal water usage and wastewater treatment, it was
necessary for them to obtain information on Central Wappinger Water
Improvement Area and Wappinger Sewer Improvement Area #1. Mr.
Rohde requested permission from the Town Board to communicate with
our Engineer, Joseph Paggi, and Michael Tremper from Camo Pollution
Control relating to the required information on the Town water and
sewer plants.
MR. REIS moved to Authorize Hayward and Pakan Associates to
communicate with Mr. Paggi, Engineer to the Town and Michael Tremper
from Camo Pollution Control regarding Central Wappinger Water
Improvement Area, however, all communications regarding Wappinger
Sewer Improvement Area #1, must be funneled through the Town Board.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mrs. Paino explained that limiting information on WSIA#1 was based
on the recommendation of the Attorney of the Town, due to the fact
that there was litigation pending in that Area.
Notification was received from J. B. Homer regarding his intent
to apply for a Liquor License for the Weber's Food and Spirits
Restaurant located in the New Hackensack Plaza in the Town of
Wappinger.
MR. FARINA moved to receive this communication and place it on file
with no comments.
Seconded by Mrs. Visconti
Motion Unanimously Carried
An application for a Peddler's License was received from Donald
Woodruff to sell ticket books for the Foam and Wash car wash on
Route 9 in the Town of Wappinger.
78
MR. REIS moved to approve a Peddler's License for Donald Woodruff
to sell discount ticket books for the Foam and Wash car wash
throughout the Town of Wappinger.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Notification was received from the Town of LaGrange regarding a
Public Hearing on Zoning Ordinance Amendments to be held March 25,
1987 at 8:00 P.M. at their Town Hall.
MR. FARINA moved to receive this notification and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Edward Cunningham, Jr., Attorney for Pizzagalli Development Company
wrote to the Town Board relating to a petition for the formation of
a water district.
MRS. PAINO moved to table action on this matter pending further
review of the petition at a future work shop meeting.
Seconded by Mr. Reis
Motion Unanimously Carried
Correspondence was received from the Zoning Board of Appeals
regarding non -conforming properties in the area of Smithtown Road
and Schlicter Road.
MRS. PAINO moved to refer this correspondence to the Growth
Management Committee for their review and recommendation.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino requested that the ZBA be informed that this Committee
will meet next Thursday, March 19, 1987 at 7:30 P.M.
Committee Reports ---
There were no reports from Mr. Valdati or Mr. Reis for this meeting.
Mr. Farina, Budget and Finance reported that the Comptroller had
reviewed the rent being charged for the house on Town owned property
at Schlathaus and it was his recommendation that the rent be increased
from $350 to $500 per month.
MR. FARINA moved to authorize the Attorney to the Town to prepare
the proper notice to raise the rent at the Schlathaus residence
79
from $350 to $500 per month to become effective as specified in
the Lease Agreement for the Schlathaus property.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Farina, on the same subject, requested that the Attorney
establish a procedure to enable the Town Board to make periodic
inspections of the house and property to make sure they are being
properly maintained and no damage has occurred.
Mrs. Visconti referred to recent correspondence from the Town Board
to Mr. Ponte, Acting Superintendent of the Wappinger Central School,
relating to removal of the school busses from the Fairchild property
to the Fishkill Plains School. Mr. Ponte interpreted the location
as the Fishkill Plains Elementary School instead of the Van Wyck
Junior High School, where the busses had previously been parked.
MRS. VISCONTI moved to forward a letter to Mr. Ponte indicating
that the school busses should be moved from the Fairchild property
to the Van Wyck Junior High School.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Visconti reported that she and Donald McMillen have been
appointed to a new Committee formed by Chairman Douglas McHoul
which will be known as the Special Advisory Task Force relating
to the growth and use of the Dutchess County Airport. Some of
the concerns they will address include air traffic noise level,
the need for a fixed base operator and future growth of the airport.
Mrs. Paino reported that the Engineering Firm of Paggi and Martin
is currently working on watershed rules and regulations for the
protection of the Sprout Creek Aquifer. They have reached a
point where they require the topographic map of this area in order
to complete this work. This map can be obtained through the Dutchess
County Planning Department and will be released at the request of the
Town Board.
MRS. PAINO moved to forward a letter to the Dutchess County Planning
Department authorizing them to release the mylar of the topographic
map of the Sprout Creek Aquifer, to a representative of Paggi and
Martin.
Seconded by Mr. Reis Motion Unanimously Carried
Resolutions ---
80
Correspondence was received from the New York State Department of
Environmental Conservation relating to a new proposed Local Law
to amend the present law on flood plain management regulations.
The deadline for adoption of revised regulations by local govern-
ments is April 1, 1987.
The following proposed Local Law was introduced by SUPERVISOR
PAINO:
(Local Law is attached hereto and made part thereof
of the Minutes of this Meeting).
The following Resolution was offered by SUPERVISOR PAINO
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held March 16, 1987, a proposed Local
Law Repealing Local Law #4 of 1979 With Respect to Flood Damage
Prevention, and
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the legislative
body of the town until a public hearing thereon has been held
before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a public hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 6th
day of April, 1987 at 7:15 o'clock P.M. on such day, at the Town
Hall, Middlebush Road, Town of Wappinger, Dutchess County, New
York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
A request was received from Dave Alexander, Inc. for final payment
on various Storm Drainage Projects he has completed for the Town.
A report was received from the Engineer indicating that the amount
of the retainage fee to be released is $11,887.62 and this amount
was confirmed by the Comptroller.
MRS. PAINO moved to release the amount of $11,887.62 to Dave
Alexander, Inc. which represents the retainage fee for the various
storm drainage projects he has completed in the Town of Wappinger.
Seconded by Mr. Reis
Motion Unanimously Carried
81
Commissioner Roger Akeley, Dutchess County Department of Planning
forwarded a resolution for the Town Board's consideration regarding
the maintenance of the landscaped median strip for the Route 9
reconstruction.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, the New YOrk State Department of Transportation
proposed the construction of improvements on the Route 9 Arterial
in the Town of Wappinger, Dutchess County, and
WHEREAS, the State will include landscaping construction
(planting of trees, shrubs, grass and brick paving) within the
confines of the curbed medians, within the Town of Wappinger,
as shown on the contract plans relating to the project,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger
approves the placement of such landscaping (trees, shrubs, grass
and brick paving) on the above project, and as shown on the contract
plans relating to the project, and that the Town of Wappinger will
maintain the landscaping (trees, shrubs, grass and brick paving)
placed as above stated and as shown on the contract plans,
BE IT FURTHER RESOLVED, that the Clerk of this Town is hereby
directed to transmitfive (5) certified copies of the foregoing
resolution to the New York State Department of Transportation.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
The following Memo was received from the Attorney to the Town
relating to the Contrail Rezoning Request:
To: Supervisor and Town Board, Town of Wappinger
From: Jennifer L. Van Tuyl
Date: March 16, 1987
Re: Contrail Rezoning Request
At the Board's last meeting, the Town Board determined to require
a generic E.I.S. on this property and asked me to prepare a formal
resolution. There was also some indication that the Town Board was
willing to set a public hearing on the rezoning request.
S.E.Q.R. makes clear that the hearing on the rezoning should be
combined with the hearing on the D.G.E.I.S. wherever possible.
Accordingly, it is inappropriate to schedule a public hearing on
the rezoning until the D.G.E.I.S. has been prepared, accepted and
circulated.
Accordingly, I would recommend that the next step is for the Town
Board to schedule a scoping session. This scoping session would be
open to the public and I would suggest that, it be run either by the
Town's planner or the Town Board with the assistance of the Town
Planning Board. I would suggest that at least ten days notice of
this scoping session be sent to the various interested agencies.
Enclosed please find Resolution Making Positive Declaration and
the proposed Zoning Ordinance Amendment.
L
82
RESOLUTION MAKING POSITIVE
DECLARATION - CONTRAIL REZONING REQUEST
The following Resolution was offered by SUPERVISOR PAINO:
WHEREAS, Contrail Associates of Wappinger owns approximately
288.76 acres fronting All Angels Hill Road and Old Hopewell Road
in the Town of Wappinger and designated as Tax Map Nos. 6257-02-630770
and 6257-03-467442, 83.822 acres of which is in the P1 -1A zone and
204.938 acres of which is in the R-40 zone, and
WHEREAS, the Town Board is considering an ordinance amendment
to realign the location of the R-40 and P1 -1A zones, and more
specifically, to change the zoning of a 44.86 acre parcel from
the R-40 zone to the OR -1A (office research) zone; and a 44.89
acre parcel from the P1 -1A to the R-40 zone. and
WHEREAS, the proposal is to join all the residential area
on the west side of the property by rezoning a portion of the
P1 -1A area to R-40. An equal area of R-40 on the east side of
the property would be zoned OR -1A, and if rezoned, the projected
development could contain38.93 acres of planned industry, 43.79
acres of office research and 206.04 acres of residential property.
Residential and commercial areas are separated and office research
is proposed for the property fronting on All Angels Hill Road.
The projected number of lots possible in the residential zone
is approximately 160 to 175 single family lots, and
WHEREAS, the metes and bounds descriptions of the parcels
proposed to be rezoned are attached as Schedule "A" and
Schedule "B", and
WHEREAS, the Town Board has caused to be prepared a long
form environmental assessment form relating to the proposed
rezoning, and each of the Town Board members have reviewed
same, and
WHEREAS, since this is a legislative direct action, the
Town Board is the appropriate lead agency pursuant to the provisions
of the S.E.Q.R. regulation Section 617.6 (c) and is therefore
obligated to determine the significance of the action, and
WHEREAS, the Town of Wappinger Planning Board has recom-
mended that an environmental impact statement be prepared, and
WHEREAS, Contrail Associates, owners of the property, has
requested a rezoning but has further stated that it has no immediate
development plans for the property,
NOW, THEREFORE, BE IT RESOLVED, that upon a finding that
the rezoning will result in a change to the project site which
is quite large, and once developed will impact the existing
transportation infrastructure, sewerage and water availability
and quality, and further, will impact the growth and character
of the community and neighborhood, and further that there is
public interest in the proposed project, the Town Board hereby
determines that the proposed action may have a significant effect
on the environment and accordingly makes a positive determination
of significance under S.E.Q.R. by which a generic environmental
impact statement on the proposed rezoning action will be requir0
and be it further
RESOLVED, that the Town Board hereby sets a public scoping
session to be held on April 2, 1987, at 7:30 P.M. to address the
issued which should be addressed in the draft generic environmental
impact statement, and be it further
Lii
83
RESOLVED, that the Town Clerk is hereby requested to give
notice to interested agencies and the public of the scoping
session and this positiNedetermination of significance.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
The next item placed before the Town Board for their consideration
was to appoint a Hearing Officer to hear a personnel matter.
The following resolution was offered by SUPERVISOR PAINO
who moved its adoption:
RESOLVED, that Thomas Wood be and he is hereby appointed
as Hearing Officer for the purpose of hearing Personnel Matters
for the Town of Wappinger, and
BE IT FURTHER RESOLVED, that the said Thomas Wood be
compensated by the Town for his services as Hearing Officer at
a daily fee of $350.00, and
BE IT FURTHER RESOLVED, that the said Thomas Wood be
authorized to hire a court stenographer for hearing proceedings
on Personnel Matters.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
A contract was received from the Dutchess County Association
Senior Citizens, Inc. for a Recreation Program for the Elderly
which was placed before the Town Board for their consideration.
MR. REIS moved to approve the contract and authorize the Supervisor
to sign said contract.
Seconded by Mr. Valdati
Motion Unanimously Carried
A resolution to authorize the Supervisor to contact State Legislators
regarding special legislation to form an Ambulance District was placed
before the Town Board for their consideration.
Mrs. Visconti noted that it was her understanding that a fire district
of one of the towns served by the Sloper Willen Ambulance Company,
was in the process of forming their own ambulance services. She was
waiting for confirmation of this matter, and also canvassing our
fire districts to determine if they were considering forming their
own district.
MRS. VISCONTI moved to table action on this resolution pending
further information.
Seconded by Mr. Valdati
Motion Unanimously Carried
84
Unfinished Business ---
The acceptance of the Pondview Ejector Station has been tabled
several times due to the number of problems that existed.
The Engineer reported that he and representatives from Camo Pollution
Control have been trying to determine why the Ejector Station is
experiencing these problems. They have not completed the field
testing at this time and recommended that acceptance of this
Ejector Station be tabled until the testing is completed and a
report is formulated by him.
At the last meeting the Recreation Commission had requested
authorization from the Town Board to go to bid on the Chelsea
Boat Ramp. The matter was tabled for further discussion with the
Recreation Commission.
Mr. Reis reported that after discussion with the Chairman of the
Recreation Commission, they concurred that this project should
not go out to bid at this time. There have been parking problems
in that area and it was not considered feasible to put money into
additions on the ramp if the residents could not use these
facilities. If, at a future time, they could provide parking for
the cars and boat trailers, they would consider going ahead with
these additions to the Chelsea Boat Ramp.
MR. REIS moved to discard plans on going to bid on additions to
the Chelsea Boat Ramp at this time.
Seconded by Mr. Farina
Motion Unanimously Carried
Several work shop meetings have been held by the Town Board relating
to pending drainage project, the most recent being last Thursday.
The specific locations are Brothers Road, Baldwin Drive and Balfour
Drive. The project on Baldwin Drive will cost less than $7,000
and therefore it does not have to go to bid; the other two projects
will be put out to bid.
MRS. PAINO moved to authorize the Engineer and the Highway Superin-
tendent to oversee a drainage project, work to be done by Wilson
Excavating Company, to alleviate a drainage problem in the area
of Baldwin Drive.
Seconded by Mr. Reis
Motion Unanimously Carried
85
MRS. VISCONTI moved to authorize the Engineer to the Town to
prepare specifications to go to bid on the Brothers Road Drainage
Project.
Seconded by Mr. Valdati
Motion Unanimously Carried
MR. FARINA moved to authorize the Engineer to the Town to prepare
specifications to go bid on the Balfour Drive Drainage Project.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Paino reported that the Board had also discussed at their
work shop, a policy to set forth sewer and water regulations.
The Engineer explained that the rules and regulations he has
prepared are meant to be in addition to the current rules.
MRS. PAINO moved to adopt the following Rules and Regulations
Regarding Sewer and Water Taps:
The developer/builder will be responsible for supplying all
material, labor, and equipment necessary to make all taps on
existing Town water and sewer mains and extending said service
to the street R.O.W. for all lots created subsequent to the
formation of the district.
The Town will be responsible for supplying all material, labor
and equipment necessary to make all taps and existing Town water
and sewer mains and extending said service to the street R.O.S.
for all lots created prior to the formation of the district.
Either way, the Town will be responsible for marking the main
and the inspection of the installation. It shall be the
responsibility of the Builder/Developer to notify the Town
forty eight (48) hours in advance of when inspection services
will be needed.
It further shall be necessary for the Builder/Developer to
provide the necessary insurance to satisfy the Highway Superin-
tendent for opening the road. All this work shall be properly
coordinated by the Builder/Developer with the Highway Department
and other interested agencies (Fire, Ambulance, Police).
The current Town regulations regarding specific construction
materials and methods will still be in effect.
Responsibilities for repairs to existing systems will be deter-
mined as follows:
With respect to sanitary sewer systems:
1) Failures will be assessed as follows:
A) From the main to the property line - Town
B) From the property line to the house - Homeowner
2) Blockages will be assessed as follows:
A) Any blockage in the main - Town
B) Any location in the lateral - Homeowner
86
With respect to water system:
1) Leaks will be assessed as follows:
A) Any location in the main - Town
B) In the service connection:
i) Up to and including the curb valve - Town
ii) Curb valve to house (including the homeowner's
connection of the curb valve) - Homeowner
Seconded by: Mr. Farina
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino recognized Donald McMillen, Wappinger County Legislator
and invited him to speak to the Town Board on County activities
that might be of interest to them.
Mr. McMillen reported that the Richmor proposal was passed by the
County Legislators today and involved repair service to single and
twin engine aircraft at the Dutchess County Airport.
Mr. McMillen reported that the Richmor proposal was passed by the
County Legislators today; this will allow Richmor to operate a
repair service at the Dutchess County for single and twin engine
aircraft. A large percentage (80%) of the work will be for
aircraft parked at the Airport, and the remaining percentage (20%)
will be repairs on planes coming in to the Airport from other
locations. He noted that the Wappinger County Legislator voted
against this proposal.
New Business ---
Joseph Incoronato was recognized by the Chair and asked the Board
if they were aware of an illegal logging operation at the Fleetwood
Manor development between 45 and 47 Kretch Circle. He asked how
long this would be allowed to continue.
Mrs. Paino responded that this was stopped; she arrived at the
scene in a patrol car with Deputy Sheriff Novak and the action
that was taken stopped the logging operation immediately. Mr. Reis
had been at the site a couple of days prior and they were given a
verbal agreement by the individual that the operation would stop.
This person thought, or claimed he thought it was his property.
He was brought to the Town Hall by Mr. Reis and they went over the
Town maps which indicated that it was Town property. Even if it
was his property he would need a permit to do the logging. He gave
the Town his word that he would cease and desist, however, Mrs. Paino
87
received word on Saturday from the Sheriff's Office that the
operation had started again. Mrs. Paino went down again on
Saturday with the Deputy Sheriff and action was taken to stop
the operation. Mr. Reis added that he also was on the scene on
Saturday, the individual was there and was ordered by the Supervisor
to stop all action and be at the Town Hall on Monday morning.
Mr. Reis and the Zoning Administrator met with this individual
at the Town Hall on Monday at 8:30 A.M. and they went out to the
site for another look. The Zoning Administrator issued a permit
to this person for one week to remove the logs that are in the
access way and also to remove the equipment. Both Mrs. Paino and
Mr. Reis agreed that action for compensation to the Town will follow.
No further cutting will take place, the only activity that will be
allowed is the removal of the logs from the entrance way. The
residents of that area indicated great concern for the safety of
their children since this location is a school bus stop for the
children of the neighborhood; they might go on the logs and fall off
or the logs might roll on them. The only permission this individual
has received from the Town is to go in and remove the existing
cut logs and also to remove the piece of equipment. Mrs. Paino
and Mr.Reis told the "owner of the property" that he was in
violation, he would be reprimanded and restitution will be made
to the Town of Wappinger. They will get together with the residents
of that area to see what they would like to take place in that
specific location.
Mrs. Paino had one more item for the Board's consideration.
MRS. PAINO moved to appoint Thomas Classey, Town Fire Inspector,
as temporary Building Inspector for the next thirty days, with
compensation of $500 for the additional work.
Seconded by Mr. Farina
Motion Unanimously Carried
There was no other business to come before the Board.
MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and
unanimously carried.
The Meeting adjourned at 8:45 P.M.
Reg. Mtg. 3/16/87
Si/.,,,s,,
Elaine H. Snowden
Town Clerk
(Please Use this Form for Filing your 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.
Wthay
/34
T of WaRRimge.x
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Local Law No. 14 ......,.., of the year 19 _.R.Z...
A local law glzdCti g...l!?eml3gQ!.tia.s .t.i.Azis.stn..F.I.a.a4...J1amag.e....Eremeation...asad
m••t till.)
the Repeal of Local Law #4 of 1979 Entitled Flood
Damage Prevention.
Beit enacted by the ..........Town„Board _ of the
(N.a. d�Legisl Legislative Body)
DHOW
of......_.WaRF.].zlgez
Tows
Nittage
as follows:
101111FIIf additional space is needed, please attach sheets of the same size as this and number eachrell
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.0 This Local Law will repeal Local Law #4 of the year
1979 entitled Flood Damage Prevention.
1.1 FMMLN1GS
The Town Board of the Towl, of
1.57r2ringe-r- finds that the potential and/or actual
damages*awl flooding and erosion may be a problem to the residents of
the Town of Wprrinper and that
such damages may include: destruction -or loss of private and public
housing, damage to public facilities, both publically 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.
1.2 STATEMENT OF ruhru=,
It is the purpose of this local law to promote the public health,
safety, and general uelfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and
Lj due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or
velocities; •
(2) require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initiAl construction;
(3) control the alterationsof natural floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of flood waters;
(4) control filling, grading, dredging and other development
which may increase erosion or flood darages;
(5) regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood
hazards to other lands, and;
(6) cualify and maintain for participation in the National Flood
Insurance P4Ady.i.cuu.
1.3 ORTETTIVES
' The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
' (4) to minimize prolonged business interruptions;
(5) 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;
60.3(d)
(6) i 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;
(7) to provide that developers are notified that property is in
an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
MOTION 2.0
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.
"Appeal" 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.
"Area of Shallow flooding" means a designated AO or VO Zone on a
community's Flood Insurance Rate Nap (FIRM) with base flood depths
frau one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and
where velocity flow xray be evident.
"Area of special flood hazard" is the land in the floodplainwithin 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, JB, O,
A1-99, V, VO, VE, or V1-30. It is also commonly referred to as the
base floodplain or 100 -year floodplain.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given,year.
"Basement" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakaway wall" 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.
"Building" means any structure built for support, shelter, or
enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement".
"Coastal high hazard area" means the area subject to high velocity
waters including, but not limited to, hurricane wave wash. The area
is designated on a FIRM as Zone Vi - 30, VE, VO or V.
"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
located within the area of special flood hazard.
"Elevated building" means a non -basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), or
shear walls. -
"Flood" or "Flooding" means a general and temporary condition of
partial or tAAivlete inundation of normally dry land areas fram:
(1) the overflow of inland or tidal waters;
60.3(d)
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood Boundar" and Floodway Map (FEDI)" 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 Studv.
”Flood Hazard Bounciary Map (FHBM)", means an official map of a
cammunity, issued by the Federal Emergency Management Agency, where
the boundaries of the areas of special flood hazard have been defined
but no water surface elevation is provided.
"Flood Insurance Rate rulp-(rnm)", 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 Studv" is the official report provided by the Federal
Effergencv Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevations of the base flood.
"Flood proofing" 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" - has the same meaning as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction.
"Functionally denendent use" naris 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. The term does not include long-term storage,
manufacture, sales, or service facilities.
"Highest ad-acent grade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a
structure.
"Lowest Floor" means lowest level including basement or cellar of the
lowest enclosed area. An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access, or storage in
an area other than a basement 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.
"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
reauired utilities. The term also includes park trailers, travel
trailers, and similar transportable structures placed on a site fcr
180 consecutive days or longer and intended to be improved property.
"Mean Sea Level" means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
60.3(d)
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a
vertical control used as a reference for establishing varying
elevations within the flood plain.
"New construction" means structures for which the "start of •
construction" commenced on or after the effective date of this local
law.
"Princinallv Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is above
ground.
"100 -year Flood" has the same meaning as "Base Flood."
"Ptequlatory Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order
to di charge 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 Section 4.3-2 of this Law.
"Sand dunes" means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the
property, and shall include land preparation, such as clearing,
grading, and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers, or foundations or the
erection of temporary forms. It also includes the placement and/or
installation on the property of accessory buildings (garages, sheds),
storage trilers, and building materials. For manufactured hones the
"actual start" means affixing of the manufactured home to its
permanent site.
"Structure" means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state or local building, fire, health, sanitary, or
safety code specifications which are solely necessary to
assure safe living conditions; or
(2) any alteration of a structure or contributing structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief frau the requirements of this local
law which permits construction or use in a manner that would otherwise
be prohibited by this Meal law.
60.3(d)
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAWAPPLIES
This local law shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Wapoincer
3.2 BASIS FOR ESTABLISHING THE AIMS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific.and engineering
report entitled "The Flood Insurance Study for the
Town of Wapoinger of Duchess
County, New York", dated June 15 , 192.1., with
accompanying Flood Insurance Rate Maps and Flood Boundary-
Floodway Maps is hereby adopted and declared to be a part of
this Local Law. The Flood Insurance Study and maps are on file
at Town Clerk's Office. Town Hall. 20 Mi..ddlebush Road.
3.3 INTERPRETATION, CONFLICT WITS OTHER LAWS
This Local Law is adopted in response to revisions to the
National Flood Insurance Program effective October 1, 1986 and
shall supercede all previous laws adopted for the purpose of
establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this
local law shall be held to beminimum 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.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law
shall not invalidate any other section or provision thereof.
3.5 PENALTIES PCS:NON-COMPLIANCE
No structure 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 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 conditionsof 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 Wept:Anger
from taking such other lawful action as necessary to prevent or
remedy an infraction. Any structure found not upliant 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 noncompliant and
notification sent to the Federal Emergency Management Agency. .
3.6 WARNING AND DISCLAIMER OF LIABILITY
The decree of flood protection required by this local law is
-.- considered reasonable for regulatory purposes and is based on
6
60.3(d)
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 awl flooding
or flood damages. This local law 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 aunt reliance on this local
law or any administrative decision lawfully made thereunder.
SECTION 4.0
ADM3NISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector is hereby appointed Local
Administrator to administer and implement this local law by
granting or denying development permit applications in
accordance with its provisions.
4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of
construction or any other development within the area of
special flood hazard as established in Section 3.2.
Application for a Development 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.
4.2-1 APPLICATION STAGE
The following information is required where applicable:
(a) elevation in relation to mean sea level of the
proposed lowest floor (including basement or
cellar) of all structures;
(b) elevation in relation to mean sea level to which
any non- residential structure will be
flood -proofed;
(c) when required a certificate from a licensed
professional engineer or architect that the utility
floodproofinguill meet the criteria in Section
5.1-3(1);
(d) certificate from a licensed professional engineer
or architect that the non-residential flood -proofed
structure will meet the flood -proofing criteria in
Section 5.2; and
(e) description of the extent to which any watercourse
will be altered or relocated as a result of
proposed development.
4.2-2 CONSTRDCTION STAGE
Upon. placement of the lowest floor, or flood -proofing by
whatever means, it shall be the duty of the permit holder
'to submit to the Local Administrator a certificate of the
elevation of the lowest floor, or flood -proofed elevation,
in relation to mean sea level. The elevation certificate
shall be prepared by or under the direct supervision of a
licensed land surveyor or professional engineer and
7
60.3 (d)
certified by same. When flood -proofing is utilized for a
particular building. The fa,,eivifing certificate Shall
be prepared by or under the direct supervision of a
licensed professional engineer or architect and certified
by same. 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.
4.3 DUTIES AND RESPONSIBILTITES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be
limited to:
4.3-1 PEW= APPLICATION REVIEW
(1) Review all development permit applications to determine
that the requirements of this local law have been
satisfied.
(2) Review all development permit applications to
determine that all necessary permits have been
obtained from those Federal, State or local
governmental agencies from which prior approval is
required.
(3) Review all development permit applications to
determine if the proposed development adversely
affects the area of special flood hazard. For the
purposes of this local law, "adversely affects"
means physical damage to adjacent properties.
An engineering study may be required of the
applicant for this purpose.
(i) If there is no adverse effect, then the permit
shall be granted consistent with the provisions of
this local law.
(ii) If there is an adverse effect, then flood damage.
mitigation measures shall be made a condition of
the permit.
(4) Review all development permits for compliance with
the provisions of Section 5.1-5, Encroachments.
4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING THE
MEM OF SPECIAL FLOOD HAZARD, 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
Section 5.1-4(4) in order to administer Section 5.2,
STANDARDS and Section 5.3 FLOODWAYS.
4.3-3 IWORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including basement
or cellar of all new or substantially improved
•structures, and whether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved floodproofed
structures:
(i) obtain and record the actual elevation, in
relation to mean sea level, to which the structure
has been floodproofed; and
8
60.3 (d)
(ii) maintain the certifications required
in Sections 5.1 and 5.2.
(3) Maintain for public inspection all records pertaining
to the provisions of this local law including variances
when granted and Certificates of Compliance.
4.3-4 ALTERATTCV OF WATERCOURSES
(1) Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director
Federal Ernergency Management Agency, Region II, 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
4.3-5 INImalenxixATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority tomake
interpretations when there appears to be a conflict between
the limits of the federally identified area of special flood
hazard and actual field conditions.
Base flood elevation data established pursuant to Section
3.2 and/or Section 4.3-2, when available, shall be used to
accurately delineate the area of special flood hazards.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to
establish the limits of the area of special flood hazards
when base flood elevations are not available.
4.3-6 STOP WORK ORDERS
(1) All floodplain development found ongoing without an
approved permit shall be subject to the issuance of a
stop work order by the Local Administrator. Disregard
of a stop work order shall be subject to the penalties
described in Section 3.5 of this Local Law.
(2) All floodplain development found noncompliant .with the
provisions of this law and/or the conditions of the
approved permit shall be subject to the issuance of a
stop work order by the Local Adminitrator. Disregard
of a stop work order shall be sub4ect to the penalties
described in Section 3.5 of this Local Law.
4.3-7 INSPECTIONS
The Local Administrator and/or the developer's engineer or
architect shall make periodic inspections at iate
times throughout the period of construction in order to
monitor compliance with permit conditions and enable said
inspector to certify that the development is in compliance
with the requirements of either the Development Permit or
the approved variance.
4.3-8 Ltalu.lrICATE OF CONTLIAME
(1) It shall be unlawful to use or 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.
9
60.3(d)
(2) All other development occurring within the designated
flood hazard area will have upon completion a Certifi-
cate of Compliance issued by the Local Administrator.
All certifications shall be based upon the inspections
conducted subject to Section 4.3-7 and/or any certified
elevations, hydraulic information, floodproofing, anchoring
requirements or encroachment analysis which may have been
required as a condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All manufactured homes shall be installed using methods
and practices which minimize flood damage. Manufac-
tured homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Manufactured
homes shall be elevated to or above the base flood
elevation or 2 feet above the highest adjacent grade
when no base flood elevation has been determined.
Methods of anchoring may include, but are not to be "
limited to, use of over -the -top or frame ties to ground
anchors. This reduirement is in addition to applicable
State and local anchoring requirements for resisting
wind forces.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipient
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that
minimize flood damage.
5.1-3 UTILITIES
(1) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities
Shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding. When designed for
location below the base flood elevation, a professional
engineer's or ardhitect's certification is required;
(2) All 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; and,
(4) On-site waste disposal systems shall be located to
avoid impairment to then or contamination from them
during flooding.
qof
10
60.3 (d)
5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and
water systems located and constructed tn minimize flood
damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed developments
(including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) All proposed development in riverine situations where
no flood elevation data is available (unnumbered A
Zones) shall be analyzed to determine the effects on
the flood carrying capacity of the area of special
flood hazards set forth in section 4.3-1(3), Permit
Review. This may require the submission of additional
technical data to assist in the determination.
(2) In all areas of special flood hazard in which base
flood elevation data is available pursuant to Section -
4.3 -2 or Section 5.1-4(4) and no.floodway has been
determined the cumulative effects of any proposed
development, when combined with all other existing and
anticipated development, shall not increase the water
surface elevation of the base flood more than one foot
at any point.
(3) In all areas of the special flood hazard where floodway
data is provided or available pursuant to Section 4.3-2
the requirements of Section 5.3, Floodways, shall
apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 3.2 BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS and Section
4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards are
required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
resident structure shall:
(1) have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that
are subject to flooding designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a licensed professional engineer or
architect or meet or exceed the following minimum
criteria:
CO a ndnimum 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;
60.3 (d)
(ii) the bttam of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
( openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
5.2-2 NONRESIDENTIAL Lutg6lAwLIJAAN
New construction and substantial improvements of any
commercial, industrial or other non-residential structure,
together with attendant utility and sanitary facilities,
Shall either: have the lowest floor, including basement or
cellar, elevated to or above the base flood elevation; or be
floodproofed so that the structure is watertight below the
base flood level with walls substantially impermeable to the
passage of water. All structural components located below
the base flood level must be capable of resisting hydro-
static and hydrodynamic loads and -the effects of buoyancy.
(1) If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be designed
to automatically (without human intervention) allow for
the entry and exit of floodwaters for the purpose of
equalizing hydrostatic flood forces on exterior walls.
Designs for meeting this requirement must either be
certified by a licensed professional engineer cr
licensed architect or meet the following criteria:
(i) aminimum 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;
(ii) the bottom of all such openings Shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be equipped with louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit of
floodwaters.
(2) If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction,
and shall certify that the design and methods of
construction are in accordance with accepted
standards of practice to make the structure
watertight with walls substantially impermeable to
the passage of water, with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
OW4-
(ii) a licensed profesonal engineer or licensed land
surveyof':shall certify the specific elevation (in
relation to mean sea level) to which the structure
is floodproofed.
The Local Administrator shall maintain on record a copy of
all such certificates noted in this section.
5.2-3CONzlmiLTION STANDARDS FM MEM OF SPECIAL FLOOD HAZARDS
WITHOUT BASIEFLOOD ELEVAIIONS
New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor
12
60.3(d)
including basement elevated to or above the base flood
elevation as may be determined in Section 4.3-(2) or 2 feet
above the highest adjacent grade where no elevation data is
available.
(1) New construction or substantial improvements of
structures including manufactured homes shall have the
lowest floor (including basement) elevated at least 2
feet above the highest adjacent grade next to the
proposed foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically
(without human intervention) allow for the entry and
exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs
for meeting this requirement must either be certified
by a licensed professional engineer or a licensed
architect or meet the following criteria:
(i) aminirmim 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;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade;
(iii)openings may be equipped with louvers, valves
screens or other coverings -or openings provided
they permit the automatic entry and exit of
floodwaters.
5.3 FICCEWAYS
Located within areas of special flood hazard are areas designated
as floodways (see definition; Section 2.0). The floodway is an
extremely hazardous area due to high velocity flood waters
carrying debris and posing additional threats from potential
erosion forces. When floodway data is available for a particular
site as provided by Section 3.2 and Section 4.3-2, all
encroachments including fill, new construction, substantial '
improvements, and other development are prohibited within the
limits of the floodway unless a technical evaluation demonstrates
that such encroachments shall not result in any increase in flood
levels during the occurance of the base flood discharge.
6.1 APPEALS BOARD
(1) The Zoning
• .1110 •
SECTION 6.0
VARIANCE PRCCEDURE
Board, of Alllipa 1 q as established by
shall hear and decide
appeals and requests _or variances from the requiremnts
of this local law.
4. • • 0 •
(2) The Zoning Board of Aopeals 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.
(3) 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.
(4) In passing upon such applications, the Zoning Board of ,Appeals
shall consider all technical evaluations, all relevant.
13
60.3 (d)
factors, standards specified in other sections of this local
law and:
(i) the danger that materials may be swept onto other
lands to the injury of others;
(i) the danger to life and property due to flooding or
erosion damage;
(iii) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner:
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with existing
and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program
of that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(x) the costs to -ocal governments and the dangers
associated with conducting search and rescue operations
during periods of flooding;
(xi) 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
(xii) 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.
(5) Upon consideration of the factors of Section 6.1(4) and the
purposes of this local law, the Zonina Board AppP_al_PaY
attach such conditions to the granting of variances as it
deems necessary to further the purposes of this local law.
(6) 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.
6.2. CONDITIONS FOR VARIANCES
(1) 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 (i-xii) in Section 6.1(4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures and contributing
structures listed on the National Register of Historic
14
60.3 (d)
Places or the State Inventory of Historic Places, without
regard to the contributing structures procedures set forth
-7'777777_
(3) Variances may be issued by a community for new construction
---- and substantial ts and for other development
_ necessary for the conduct of a_functic" many dependent use .
provided that:
-
5 and 6 of this
(i) the criteria of subparagraphs
section are met;
(ii) 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.
(4) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood •
discharge would result.
(5) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(6) Variances shall only be issued upon recei
justification:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship to the
applicant; and
• 4 )
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.
(7) Any applicant to wham a variance is granted for a building
with the lowest floor below the base flood elevation shall
be given written notice that the cost of flood insurance
wi21 be cammensurate with the increased risk resulting
frau lowest floor elevation.
Be it enacted this 6th day of April , 19 87"&ythe
Town Board
flit rh.qq
.. • • •
• II I •
of the Town gf Wapninger of
County, New York, to be effective
escribed by Municipal Home Rule Law.
$upervisor Irene Pminn
Councilman Vincent Farina
?
9r Councilman David Reis
Elaine F cnnwrILD
=EST
TOWN CIZRIC
Councilman 130bert VplaRti
Councilwoman Jur ig Visconti
•
•
(Complete the certification intim paragraph which applies to the filing of this local law and strike oat the
matter therein which is not spplie.b3...)
. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.—1.11,.......of 19-2.7
of the ClitiCT of.. was duly passed by the d
ownWing
on...88.7L1.�.�......... 19..x.7 in accordance with the applicable provisions of law.
(1..e a Lao.' buys Baas)
2. (Passage by Local legislative body with approval _or no disapproval by Elective Chief Executive Officer,'
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No. .of 19........
County
of the City of
Town
Village
on
......was duly passed by the
not disapproved
19........ and was approved
repassed after disapproval
and•was deemed duly adopted on
provisions of law.
Mame of Legislative Bair)
by the
Elective Chief Executive Officer '
, in accordance with the applicable
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19...._....
County
of the .t of n __ _.. was duly passed by thr
Village
on—
on_ on__._._...
mandatory
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on.. ._.............
annual
cable provisions of law.
not disapproved
—19 — and was approved by the. .. -. -.. ---•-
repassed after disapproval Elective Chief Executive Officer'
.._.... 19 . Such local law was submitted to the people by reason of a
(Name .i Legislative Beit)
, in accordance with the appli-
4. (Subject to permissive referendum, and final adoption because no valid petition
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
County
of the
City wn of
Village
19
was duly passed by the -
not disapproved
and was approved by the —. ......on
repassed after disapproval Elective Chief Executive Officer •
19.--. Such local law being subject to a permissive referendum and no`'
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19......., in accordance with the applicable provisions of law.
filed requesting
of 19
on
(Nass eJ Lasiaiativu Bads)
°Elective Chief Executive Officer memo or includes the chief executive officer of a county elected on a county wide bait
or. if there be none, the chairman of the county legislative body. the mayor of a city or village or the - ; , , r of a tows,
where such officer Is versed with power to approve or vaso loci lave or ordinance'.
Page 16
•
local Ie r e eneeraing Charter revision proposed by petition.)
s 'fc that the local law annexed hereto, designated as local law No. of 19
having been submitted to referendum pursuant to the
tae Municipal name Rule Law,and Laving received the affirmative vote of a majority
of such city voting thereon at the senaPeceraiial election held on
ame operative.
. (County local maw concerning adoption of Charter.)
I hereby Cdrtuy that the local law annexed hereto. designated as Local Law No. .::: of 19...... of the
County of , State of New York, having been submitted to the Electors at the
General Eecc of November ......_, 19 .........., pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home,itule Lawr,and having received the affirmative vote of a majority of the qualified electors of the
tounty as a unit and of a majority of the qualified electors of the towns of said county
IIS tt itit voting at said general election, became operative.
eny athar authorized form of final adoption has been followed, please provide an appropriate
aeetfiicatioa)
or I further certify that 1 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 adopted in the manner indicated in paragraph 1 above.
April '8, 1987
Clerk of tae County initiative body. City. Torn or V>11ais Clerk or
anon designated by bel lepstatire body
(Certification 10. executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
et other au Attorney Attorney of locality.)
STATE OF NEW 'MIK
COUNTY OF -.11,ittala
t the undinvianed, hereby certify that the foregoing local law contains the correct text and that all
proper proesetage have been had or taken for the enactment of the local law annexed hereto.
...Attorney .to..the . Tc n
Tette