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HomeMy WebLinkAboutLL-1980 #01 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, S outho!d Local Law No. 1 .................................................... of tim year 19 _..8.,.0. .... A local law to establish flood p. lain man.a, gement standards iii .~d h~0,~ ~.~ . of the Town of Southold. Be it enacted by the ................... Town Board ' of the .................. i'//i;';'~'G_i~-;i~'i;';'ii;i'~' ......................................................... Town~ of ....................... Southold ' as follows: The Code of the Town of Sou/hold is hereby amended by adding a new Chapter thereto, to be Chapter 46, to read as follows: 46-1. Title. This chapter shall be known and may be cited as the "Flood Damage vention Law of the Town of Southold." §46-2. Legislative authority. This chapter is adopted pursuant to legislative authority which ha;s delegated the responsibility lo local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 46-3. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: [~"'(If__ additional, space___ is need~attach........___~~~r a_c_h)sh eet ~s~of the same size as this and number each) Page 1 46-4. A. Protect human life and health. 1Viinimize expenditure of public money for costly flood control projects. C. ]Viinimize the need for rescue ~nd relief efforts associated with flooding and generally undertaken at the expense ~of the general public. D. ~/iinimize prolonged business interruptions. E. !Vfinimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. F. Yielp maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to mini- mize future flood-blight areas. G. Ensure that potential buyers are notified that property is in an area of special flood hazard. II. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Methods of reducing flood losses. In order to accomplish its purposes, this chapter provides methods and pro- visions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which ~esult. in damaging increases in erosion or in flood heights or velocities. B. Reqniring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. -2- C. Controlling the alteration of naturalllOodpiains~ stream channels and natural protective barriers, which help accommodate or channel floodwaters. D. Controlling filling, grading, dredging and other development which may increase flood damage. E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. § 46-5. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. APPEAL -A request for a review of the BYiilding Inspector's inter- pretation of any provision of this chapter, or a request for a variance from the provisions of this chapter. AREA OF SHALLOW FLOODING - A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD - Land in the floodplain sub- ject to a one-percent or greater change of flooding in any given year. BREAKAWAY WALLS - Any types of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or other suitable building material which are not part of the structural -3- support of the building and which are so designed as to breakaway under abnormally high tides or wave action, without damage to the structural integrity of the building dn which they are used or any buildings to which they might be carried by flood waters. BASE FLOOD - The flood having a one-percent chance of being equalled or exceeded in any given year. COASTAL HIGH HAZARD AREA - The area subject to high velocity waters, including but not limited to, hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30. DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other sturctures, mining, dredging, filling, grading, paving and excavation or drilling operations located within the area of special flood hazard. FLOOD or FLOODING - A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters; and/or the unusual and rapid accumul~.tion or runoff of surface waters from any source. FLOOD INSURANCE RATE i~LAP. (FIRM) - The official map on which the Federal Insurance Administration has delineated the areas o'f special flood hazards and the risk premium zones applicable t<~ the community. FLOOD INSURANCE STUDY - The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the Water surface elevation of the base flood. FLOODPLAIN or FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any source. -4- FLOODPROOFING - 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 - The channel of a watercourse and the adjacent land areas that must be reser, ved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (!) foot. HABITABLE FLOOR - Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not ~ "habitable floor." MEAN SEA LEVEL - The average height of the sea for all stag~s of the tide. MOBILE HOME - A s~ructure that is transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It 'does not include recreational vehicles or travel trailers. NEW CONSTRUCTION - Structures for which the stai~t of construction commenced on or after the effective date of this chapter. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF .CONSTRUCTION - The first placement of permanent con- struction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include land preparalion, such as clearing, grading and fiiling~ nor does i~ include the in- stallation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of [he main structure. For a structure~ other than a mobile home~ without a basement or · ~ ' S poured footings~ the "start of construction mclude ~he first perman- ent framing or assembly of the structure or any part thereof on its pilings or foundation. For mobile homes not within a mobile home parkor mobile home subdivision~ "start of construction" means the affixing of the mobile home to its permanent site° For mobile homes within mobile home parks Or mobile home subdivisions, "start of construction" is the date on which~ the construction of facilities for servicing ~he site on which the rhobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and the installation of utilities) is completed. STRUCTURE - A walled and rbofed buJlding~ a mobile home or a gas or liquid storage tank that is principally aboveground. SUBSTANTIAL IMPROVEbIENT: (1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (a) Before the improvemen~ or repair is started. (b) If the structure has been damaged and is being restored, before the damage occurred. -6- (2) For the purposes of this definition, :'substantial ~provement" is considered to occur when the first alteration of any wall; ceiling, floor or other structural part of the building commendes, whether or not that alteration affects the external dimensions of the structure. ($) The term does not, however, include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications, which are solely necessary to assure safe living conditions. (b) Any alteration of a structure listed in the National Register or Historic Places or the State Inventory of Historic Places. VARIANCE - A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be pro- hibited by this chapter. 46- 6. Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdicti6n Of the Town of Southold~ excluding those areas within the corporate limits'' of the Village of GreenPort. § 46-7. Basis for establishing areas of special flood hazard, The areas of special flood hazard identified by the Federal Insurance Admin- istration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Southotd" dated September 18~ 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway 1V[aps, and any revision thereto, are hereby adopted by reference and decl-ared to be a pa.r~, of this chapter. The Flood Insurance Study is on file with the Town Clerk of the Town of Sou~hold. -7- § 46-8, Compliance. No structure or land shall hereafter be constructed, located, extended, con- verted or altered without full compliance -with the terms of this chs.pter and other applicable regulations. § 46-9 Conflicts. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other laws, easements, covenants, or deed restrictions conflict or overlap, whichever im- poses the more stringent restrictions shall prevail. 46-10. Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements. B. Liberally construed in favor of the governing body. C. Deemed neither to limit nor repeal any other powers granted under slate statutes. § 46-11. Warning and Disclaimer of liability~ The degree of Flood protection required by this chapter is considered reason- able for regulatory purposes and is based on scientific and engineering considerations~ Large 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 Southold, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully rnade thereunder. -8- § 46-12. Pevelopmen~ permit required; application. A development permit shall be obtained before construction or development begins ~vithin any area of special flood hazard established in § 46-7. Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in qv. estion, existing or pro- posed structures, fill, storage of materials and drainage facilities and the location of the foregoing. Specifically, the follo~ving information is required: A. ]Elevation, in relation to mean sea level~ of the lowest floor, including basement, of all structures. B. ]Elevation, in relation to mean sea level, to which any structure has been or is intended to be floodproofed. C. Certification by a registered professional engineer or architect that the floodproofing methods for any qualified structure meet the floodproofing criteria in § 46-18Bo D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. § 46-13. Administration and enforcement. The Building Inspector of the Town of Southold is hereby appointed to administer and enforce the provisions of this chapter. 46-14. Duties and responsibilities of Building Inspector. The duties of the Building Inspector shall include, but not be limited to: A. Review all development permits to determine that the permit require- ments of this chapter have been satisfied. B. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is reqsfiredo -9- Review all development permits to determine if the proposed deve!opmen~ is located in the coastal high hazard area to determine whether or not proposed development alters sand dunes so as to increase potential flood damage. Review plans for walls to be used to enclose space below the base flood level in accordance with § 46-t9B(4). Obtain and record the actual elevation, in relation to mean sea level, of the lo,vest habitable floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a base- ment. For all new or substantially improved floodproofed structures: (1) Verify and record the actual elevation, in relation to mean. sea. level. (2) Maintain the floodproofing certifications required in § 4~-12C. In coastal high hazard areas, obtain certification from a registered professional engineer or architect that the provisions of ~ 46-19B(3) are complied with. Maintain for public inspection all records pertaining to the provisions of this chapter. Notify adjacent communities and-the state coordinating agency, prior to any alteration or relocation of a watercourse~ and submit evidence of such notification to the Federal Insurance Administration. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is'not diminished. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual -10- 46-15. field conditions). The person contesting the location of the boundary shall be given thirty (30) days to appeal the interpretation. Zoning Board of Appeals - variance. The Zoning Board of Appeals, as established by the Town of South.Id, shall hear and decide applications for variances from the requirements of this chapter. In passing upon such applicitions, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be sv~ept .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 imp.fiance of the services provided by the proposed facility to the community. (5) The necessity to the facility of waterfront location,: wl~ere applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Cbmprehensive 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 expected heights~ velocity~ duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable~ expec~ted at the site~ -ll- (I1) The costs of providing governrrlen~ai services durl~g ar~n after flood conditions, including maintenance and repair of public utilities and facilities~ such as sewer, gas, electrical and water systems and streets and bridges. Upon consideration .of the above factors 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. The Building Inspector shall maintain the records of all appeal actions, including technical information~ and report any variances to the Federal Insurance Administration upon request. 46-16. Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection B(1) through (tl) of ~ 46-15 has been fully considered. _As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing'the variance increases. B. Variances may be issued for the reconstruction, rehabilitalion or restoration of structures listed in the National .Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures .set forth in the remainder of this section. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary~ relief. considering the flood hazard,~ to'afford -12- 46-17. Variances shall or~y be issued upon: (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. (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 as identified in § 46-15}B or conflict with existing local laws, ordinances or rules and regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. General Standards In all areas of special flood hazards the following st'andards are required: A. Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that: (a) Over-the-top ties be provided at each of the four (4) corners of the n~obile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one (1) additional tie per side. (b) Frame ties be provided at each corner of the home with five -!3- De (5) additional ties per side al intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side. (c) Alt components of the anchoring system be capable of carrying a force of four thousand eight hundred (4, 800) pounds; and (d) Any additions to the mobile home shall be similarly anchored. Construction materials and methods. (1) All New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood dsmage. U tilitie s. (1) Ail new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (2) New and replacement sar~itary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into flood waters. (3) On-site waste disposal systems shall be located to avoid impair- ment to them or contanaination from them during flooding.' S]/bdivision proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public ulilities and facilities, such as sewer, ~gas, electrical and water systems located and constructed to minimize flood damage° -14- (3) (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres, whichever is less. § 46-18. Specific starldards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 46-7, the following standards are required: A. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including base- ment, elevated to or above the base flood elevation. Notwithstanding the foregoing provisions of this Subsection A, in the event that the Code of Federal Regulations is amended to permit new construction and sub- stantial improvements of residential structures to be elevated above the base flood level or floodproofed pursuant to the provisions of. § 46-t8B of this chapter, then upon the effective date of the amendment of said federal regulations, the provisions of § 46-t8B shall apply to both residential and non-residential structures. Nonresidential construction. New construction and substantial improve- ment of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: (1) Be floodproefed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. -15- and hydrodynamic loads and effects of buoyancy. (3) Be certified by a registered professional engineer or archi~ec~ ~ha~ ~he s~andards of ~his sub~ec~ion are satisfied. Such certi- fications shall be provided ~o ~he official as se~ forth in § 46-14E. Mobile homes. (1) Mobile homes shall be anchored in accordance wi~h §46-17A(2). (2) For new mobile home' parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home sub- divisions; for existing mobile home parks and mobile home sub- divisions where ~he repair, reconstruction or improvement of ~he streets, u~ilities and pads equals or exceeds fifty percen~ (50%) of the value of ~he s~reets~ utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile home s not placed in a mobile home park or mobile home subdivision, i~ shal~ be required that: (a) S~ands or lots are elevated o~ compacted f~ll or on pilings so that ~he lowest floor of the mobile home will be at or above the base flood level; (b) Adequate surface drainage and access for a hauler are provided; and, (c) In ~he instance of elevation on pilings, that: lots are large enough to permit steps; ~hat piling foundations are placed in stable soil no more~ ~han ~en feet apar~ and that reinforcement is provided for pilings more than six feet above ~he ground lexe 1. (3) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. -il6_ § 46-I~9. Coastal high hazard area. Coastal high hazard areas (V Zones) are located within the areas of special flood hazards established in § 46-7. These areas have special flood hazards associ- ated with high velocity waters from tidal surges and hurricane wash; therefore, the following provisions shall apply in coastal high hazard areas. A. Location of structures. (1) All buildings or structures shall be located landward of the reach of the mean high tide. (2) The placement of mobile homes shall be prohibited, except in an existing mobile home park or mobile home subdivision. Construction methods. (1) Elevation - All buildings or structures shall be elevated so that the lowest portion of the structural members of the lowest floor is located no lower than the base flood elevation, with all space below the lowest floor's supporting member open so as not to impede the flow of water~ except for breakaway walls as pro- vided for in § 46-19t~(4). (2) Structural support. (a) All buildings or structures shall be securely anchored on pilings or columns. (b) Pilings or columns used as structural support shall be de- signed and anchored so as to withstand all applied loads of the base flood flow. (c)There shall be no fill used for structural support. (3) Certification - Compliance With the provisions of § 46-19]B(1) and (2)(a)~ (b) and (c) shall be certified to by a registered pro- fessional engineer or architect. 46-20. (4) Space below the lowest floor. (a) Any alteration, repair, reconstruction or improvement to a structure or building started after the enactment of this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided herein. (b) Breakaway walls shall be allowed below the base flood elevation provide, d that they are not a part of the structural support of the building and are designed so as to breakaway under abnormally high tides or wave actior~, without damage to the structural integrity of the building on which they are to be used. (c) If breakaway walls ar e. utilized such enclosed space shall not be used for human habitation. (d) Prior to construction, plans for any structure that will have hreakaway walls must be submitted to and approved by the Building Inspector. Sand Dunes. There shall be no alteration of sand dunes which would increase potential flood damage. Notice of Viblation. Whenever the Building Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the pro- visions of this chapter, or not in compliance with a development permit issued pursuant to this chapter, he may notify the owner of the property, . or the owner's agent or the person performing such operations, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. -18- 46-21. Such notice shall be in writing~ shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting ~he same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last kno~w address. The Building Inspector may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate com- pliance. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Building Inspector, any development permit issued to such person pursuant to this chapter shall be deemed revoked. Penalties. A. Any person comn~itting an offense against any provision of this chapter, or failing to comply with a notice of violation issued by the Building Inspector shall upon conviction thereof~ be guilty of a violation punish- able by a fine not exceeding two hundred fifty dollars ($250.) or by im- prisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the pro- visions of this chapter shall constitute a separate and distinct offense hereunder for each day the offense is continued. -19- In addition to the above-provided penalties, the Town may also maint~ an action or proceeding in the name of the Town in a court of competent / jurisdiction to corp. pel compliance with or to restrain by injunetion the viol'ation of this chapter. 46-22. Effective dale. This local law shall take effect on March 15, 1980. -20- [,~,mp~e~e ~.he eer~iD, ea~on ~n~ne paragraph wh~'c~ a.~es ~o ~ :g this!ocaI ~aw -~m{ ~r~i~e o~ ~i ~. m~er ~herein wi'dch is oat (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as locaI law No ........ .1. ......... of 19..8..0.... of the ~xl!~;~: ^~ Southold w~ duly passed by the Town Board itown (Name of Leglslatlve Body) on......M....a..r..9...h....1...1. ...................... 19...8..0... in accordance with the applicable provisions of' law, (Passage by local legislative body with approval or no disapproval by Elective CMo[ Executive 0fficer,* or repassage after-disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No .......... i .......... of 1.9 ........ County City of the Town of ...................................... was duly passed by the .................................................................................. (Name of Legislative Body) Village not disapproved on ................................................. 19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of was duly passed by the ............................................................................... ~ ...... Town ...................................... (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief l~xe0utive Office, '~' on.....J ................................................................ 19. ........ Such local law was' submitted to the people by reason of a mandatory referendum and received the affirmative vote of a fnaiority of the qualified eleciors voting permissi ye ' general thereon at the special election held on ............................. --- ....................... i[9 ........ ~ in accordance with the appll- annual cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of i[9 .......... . County City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Bod}') Village not disapproved ...................................................... 19 ....... and was approved by the ......................................................... on repassed after disapproval Elective Chief E~:ecutive Officer ~ .............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum baying been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executive Officer raeans or includes the chief executive officer of a county elected on a county-wide basis or, H' there be none, tlae chahwnan of ~e counP~: .eg:sla,rv~ body, .~ mayor of a city or village or the supervisor of a ~owa, where such ofFmer ;s v~ed w~th power ro approYe or vet~ ~;ocsl }aw-s or ordLuan,~. Page 2 ,Cit~ i(mal law concerning Charter rexision proposed by peri;ion.) I her,'b; ~'-rti!'~ ~ha! thc'for'a! 'a;v,m~,,,xed h~reto, desimatedaslocal law Ne .................. of !9.. prov~Mons, of g 37 of ;he ,,umc~pal tlome Flule Law. and having received the affirmative vote of a major,.ty special of the ~ualified electors of such city voting thereon at the general election held on ................................ .. ............. 19 ........... became operative. 6, t County local law concerning adoption of Charter.} I hereby certify that the local law annexed hereto, designated ag Local Law No ....... of 19 ...... of the County of ......................................... State 9f New York, h. aving been submitted to the Electors ar the General Election ol'Nove~nber ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rede Law. and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county Ponsidered as a unit voting at said general election, became operative. (If an>' other authorized form of final adoption has been followed, please provide an appropriate certi [ieation. ~ ~ I further ~:erdfy 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 adopted in the manner indicated in paragraph ....... .1. .................. above. Date: March 13, 1980 ~C~erl[ of the County legislative body, City, To'a/or Village Clerk or officer designated by local legislative body Judith T. Terry, Sonthold Town Clerk (Seal) (Certification to be executed by County Attorney~ Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .....S...b.:..F..F....O....L...K.. ....................... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that ail proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature .......... Tp.w.n. .A..tt. qr.n. 9y ................... Title Date: March 13, 1980 ~'~aff~ of .......... ................................ Town Page 3