HomeMy WebLinkAboutLL-1998 #08Local Law Filing
NEW YORK STATE DEPARTMENT ~.-'STATE
162 WASHINGTON AVENUE, ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
· Mx or ..... _S_?_.u_t__h_?.[_d. .......................................................................
Town
Local Law No ..............._8_ ................... of the year 19_9./1__
A local law .j._n___r_e_l.a_tj.o..n_.__t_o___F. Lo.o__d___D..a_.m_.a.g.e__p__r__e.¥.~3j. OB .......................................... '-
Town Board
Be it enacted by the .................................................................................... of the
~Y or._.S_.o_.u._t_h__o._l.d. ....................................................................... as ronows:
Town
I. Chapter 46 (Flood Damage Prevention) of the Code of the Town of
Southold is hereby amended as follows:
1: Section 46-4 B (Definitions) is hereby amended as follows:
AREA OF SHALLOW FLOODING - A designated AO, AH or VO Zone
on a community's Flood Insurance Rate Map (FIRM) with a one-percent
or greater annual chance of flooding to an average annual depth of
one (1)'to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
CRAWL SPACE means an enclosed area beneath the lowest
elevated floor, eighteen inches or more in height, which is used
to service the underside of the lowest elevated floor. The
elevation of the floor of this enclosed area, which may be of
additional space is needed, attach pages the samp size as this shec. t, and number each.)
(1)
Page ;~-
soil, gravel, concrete or other material, must be equal to or
above the lowest adjacent exterior grade. The enclosed crawl
space area shall be properly vented to allow for equalization
of hydrostatic forces which WOuld be experienced during periods
of flooding.
2. Section 46-6 (B¢sis for establishing areas of special flood hazard)
is hereby amended as follows:
A. The areas of special flood hazard for the Town of Southold
Community No. 360813 are identified and defined on the following
documents prepared by the Federal Emergency Management
Agency:
(1) A scientific and engineering report entitled "Flood Insurance
Study, Suffolk County, New York (all jurisdictions)" dated May 4, 1998.
(2) Flood Insurance Rate Map for Suffolk County, New York (all
jurisdictions) as shown as Index No. 36103C000, and panel(s)
0017, 0018, 0019, 0036, 0037, 0038, 0039, 0041, 0043: 0063,
0064 0066, 0067, 0068, 0069, 0080, 0085, 0086, 0087, 0088,
0089, 0095, 0105, 0106, 0107. 0108, 0109, 0115, 0139, 0142,
0143, 0144, 0154, 0157, 0158, 0159, 0161 0162, 0163, 0164,
0166, 0167, 0168, 0169, 0176, 0177. 0178, 0181, 0182, 0184,
0186, 0188, 0192, 0205, 0477, 0479, 0481, 0482, 0483, 0484,
0491, 0492, 0501,0502, 0503, 0504, 0506, 0508, and 0511
whose effective date is May 4, 1998.
3. Section 46.18 (Residential structures (coastal high-hazard areas) is
hereby amended as follows:
B. (1) The structural design shall be adequate to resist water forces
that would occur dudng the base flood. Horizontal water loads
considered shall include inertial and drag forces of waves, current
drag forces and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls or
other natural or man-made flow obstructions could cause wave
run-up beyond the elevation of the base flood.
II. This local law shall take effect upon filing with the Secretary of State.
(Complete the certification in the paragraph that: applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only,)
I hereby certify that the local law annexed hereto, designated as local law No ................. _8 .................. of 19--~-_8-
of the ~)(.~i~)~Town)~) of .... .S._o__u.t_h_o.l_~.. ............................................. was duly passed by the
-~---T--°--w-'-n----B-p-'a-E-d- ............ ~-' ...........on ...Ma¥._l_2 .... 19 9._8, in accordance with the appli~able provisions of law.
(Name of £tgislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No ...................... :- .......... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
.............................................. on .................. 19 ---, and was 0pproved)(not approved)(repassed after
(Name of.Ltgislative. Body)
disapproval) by the .................................................. and was deemed duly adopted on ................ t9 ....,
(Elective Chief Extcudve
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................ was duty passed by the
................................................... on .................. 19--- , and was (approved)(not approved)(repassed after
(Name of Leglslative Body)
disapproval) by the ................................................. on ................... 19- .... Such local law was submitted
(Electlvt Chlef Execgdve O[]icer*)
to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (gencml)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because an valid petition was ~ed requesting
referend urn.)
I hereby certify that the local law annexed hereto, designated as local law No .................................. of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was 0pproved)(not approved)(repassed after
6game of Legislative Bo~v)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
[Elective Chief ~.xecutive O~cer~)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer ora county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor ora city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (CRy local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
o£ the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of ................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority Of the qualified electors of the cit-
ies.of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
[If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I farther certi~ 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 ofigiual local law, and was finally adopted in the manner in-
dicated in paragraph- ..... J- .... , above.
or officer designated by local legislative body
Elizabeth A. Neville. Town Clerk
Date:
(Certffication to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
s~l~ OF t~v ~FO LK
COIJI~TY OF
L the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law. xed here~_
Gregory F. Yakai~S'ki, Town Attorney
.TJtlc
~ of
Town
Date:
Southold
(3)
ALEXanDER F. TrEADWELL
SECRETARY OF STATE
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
STATE OF N~w York
DePARTmENt Of STATE
ALBANY, NY 12231-0001
June 3, 1998
RE: Town of Southold, Local Law 8, 1998, filed 05/21/98
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled Paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 12, 1997
5:10 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO FLOOD DAMAGE
PREVENTION".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussle
Justice LoUisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: We will move on to the third hearing of the day, a
Local Law in relation to Flood Damage Prevention.
JUSTICE EVANS: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 28th day of April, 1998, A Local Law entitled, "A Local
Law in Relation to Flood Damage Prevention". Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the 12th day of May, 1998, at 5:10 P.M., at which time
all interested persons will be heard. This proposed "Local Law in
Relation to Flood Damage Prevention Prevention" reads as follows:
A Local Law in Relation te Flood Damage Prevention
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 46 (Flood Damage Prevention) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 46-4 B (Definitions) is hereby amended as follows:
AREA OF SHALLOW FLOODING - A designated AO. AH or VO Zone
on a community's Flood Insurance Rate Map (FIRM) with a one-percent
or greater annual chance of flooding to an average annual depth of
one (1) to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is characterized by ponding or
sheet flow. unpredictable and where velocity flow may be evident.
Such floodin.~ is characterized by pondin~ or sheet flow:
pg 2 - PH
CRAWL SPACE means an enclosed area beneath the lowest
elevated floor, ei.ql~teen inches or more in hei.~ht, ~vhich is used
to service the underside of the lowest eleVated floor. The
elevation of the floor of this enclosed area. which may be of
soil, ¢~ravel, concrete or other material, must be eaual to or
above the lowest adjacent exterior grade. The enclosed crawl
space:area: shaft be properly ver~ted to allow for. eqUalizatiOn
of hydrostatic forces which would be experienced durin.q periods
of floodinq.
2. Section 46.8 (Basis for establishing areas of special flood hazard)
is hereby amended as follows:
A. The areas of special flood hazard for the Town of Southold,
Community No. 360813 are identified and defined on the following
documents prepared by the Federal Emergency Management
Agency:
(1) Flood Insurance Rate Map (multiple pancls) Indox No.
360913 0001 0120, whose cffective date is August 16, 1993.
(1) A scientific and engineering report entitled "Flood Insurance
Study. Town of Southold, New York, Suffolk County, New York
fall iurisdictions¥' dated August 16, 1993 May 4. 1998.
(2) Flood .Insurance Rate Map for Suffolk County, New York fall
iuris~lic{ions) as shown as Index No. 36103C000. and panelfs)
0017 0018, 0019, 0036, 0037, 0038, 0039, 0041, 0043. 0063.
0O64
0O89
0143
0166
0186
0066,0067,0068,
0095, 0105, 0106.
0144.0154,0157.
0167.0168.0169.
0188.0192.0205,
0069,0080,
0107,0108,
0158. 0159,
0176,0177,
0477,0479,
0491 0492. 0501. 0502, 0503, 0504,
whose effective dateis May 4.1998.
0085,0086,
0109, 0115.
0161. 0162,
0178. 0181,
0481,0482,
0506, 0508,
0087.0088.
0139.0142.
0163.0164.
0182.0184,
0483,0484,
and 0511
3. Section 46.18 (Residential structures (coastal high-hazard areas) is
hereby amended as follows:
B. (1) The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads
considered shall include inertial and drag forces of waves, current
drag forces and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls or
other natural or man-made flow obstructions could cause wave
rump run-up beyond the elevation of the base flood.
pg 3 - PH
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Strikethrough represents deletions
Underscore represents additions
Copies of this Local Law are available in the Office of the Town Clerk to
any interested person during business hours. Dated: April 28, 1998.
Elizabeth A. Neville, Southold Town Clerk." I have notice that it was
published in the Traveler-Watchman, and that it was placed on the Town
Clerk's Bulletin Board, and there is no correspondence.
SUPERVISOR COCHRAN: Thank you. Is there anyone that would llke to
address the Town Board? (No response.) I will leave this hearing open
until 5:11, because it was called for 5:10, so we will hold it open until
5:11, so if there is someone that would like to address this local law we
will give you the opportunity to come in, in two more minutes. This is a
hearing, so we can't even ta~lk about something else, so you have to bear
with us for two minutes. I would say that if someone.was interested in
making comments, ~it was scheduled for 5:10, they certainly would be here
at this point. I will Close the hearing. ~ '::'~ ......
Southold Town Clerk
'::~¢' ,'l.l.(;'~k'l.'' ~ll(l'.' -
' %0'1'1C1'. 01' PI BI.lC
HEREBY G~ ~at ~ ~
been presented to ~e Town
;Suffo~ Co~, New Yor~ on
::-~ 28t~ day of A~rfl; 1998, a
~:-~L~ Law entkle~ ~A Local
% La~;'in R~latio~:t~: ~6od
~D~mageP~evenfion¢' :: -
*~ NOTICE, IS FURTHER
f~e Tox~ of Sowhbld.will hold
II~H. 5~,105 Mai. (pad,
SouthoI~ New Xo~k;:on the
1~ day of. May, 1998, at 5:10
~g~I., ~ w~ch.~e ~1 ~tcr-
~~'~oc~ Law ~.
,,~e~at~n to ~lood--~amage
~:'~reven~ reads as foUo~:
: LOC~ LAW NO. -1998
A L~al ~aw ~ R~ation to:
'"'. BI II I xx( II D ~
V
,. ,i.,'~,,,. nn.',~J,'d h.
...M(I ~ OI MI ti I
:~.~T]~e areas ,o~ Spec!~-I
i~.z~d for the Town~ of
! ~0Uthold. CommUnity NO,
~360813 a~:id~dd ~nd de.-.
fined on the. follbwing dbcu:
m~nt~ prepared by the' Federal
Emergency m~n'ag emcnt
/ [Ii I k,od Ii.,",iJl:a'lbc Raic X'lai~
(DA sgienfific.and engineer=
i~greport entitled "Flood Insur-
~ance Study
Suffolk C0~t7,
Next' ~tork lall lurtsdicm_nsl, '~ ', '
~-,4ar~H ~ ...... I/. I ao~ Maya
v~ (2) ~lood
~t~or Suffo~ CO~, New York
(all [orbok"im~q
.:'lu.__dcx. No. 161(,'~('(i0(,. urd
: ltalic h .~_.~ ', ,'¢~ 1% (sOl h. O' ~ ! 9.0C,36.
~fll)37. OU~. (1()~9. Ifil l;. (l(l.I I.
?~l,~6 '. ("'6~. 0u66. Ol:(,.. UdG~.
.',u0b8. Oo.gg, 0095. OIO5, UlUO,
~0107, 0108, 0109, 01 I5, 0139,
[.0142. 0143, 0144, 0154, 015?.
70158.015'). 0161. 0162. 0163.
!:,u161. 0166. 0lb' II1(),'~. (ii09.
1'~)1.6 01-' 01'3, '181, 0182,
'r;O 84, ) $6. 0188,, 019~ I)205.
~!)4'r'* 04?9 0481 0482. 0483,
[ :0484_ 0491. 049~ 0501, 0:,0~,
':0503, 0504, 0506, 0508,
' U51 I whose etTectp.'e date
,' May4. 1098 .... ·
,., 3. Secnon 46.1~ ,Residem/al
~cAH - or. ~,'O .Zohe.'. on.' a'
i ,tin-,lit. I,:'$ Fln0d-ln,l -nncz ;.su'uetm'e~. ICO~tal hi~z h~m'u
~ · '~e~l is he.by mnended~ t~-
r. lR; c ~i,lp ,I IRM ~. I 0 c
'-,, 'llood:n'., IO',UlilVC,d~"UI:I'II~I , ? B. Il ~e's~c~al desigh
;iq. h o~ m~,~ i, .o ibrd,: O, ibcl ~ t~shall be ade~ate to resi~ water
~ema~te~lyae~c~el ' ~-forc~q ,hal wouldoccnr dtLnVg
~ not ~ ~d whe~ ~e p~
~of ~oo~g ~ ~mcter~=d 5y .
, ' .~bu~e~,.a'~lsoro~ernam- '
CR X~[ I. %P.&CI. mcmh ;n
;~ enclo.cd t.c: h,',cmh fl~c Iow- :~r~ or m~rma~ flog obs~<r
...... ~. . ~m-u be end ~eele~a~n~t
~ ~. ,~.'~ ' . . ~ U.~Local[aa shaH~e 4
~o. ill[, mx~,~ulc~ =led I]oor. Iht
. , , ~ Strlke~oo~repre,en~de
~i, ~71. c~hc"c~c,~ ~;..~ '.~ ' ~ ~ -
iml~ridl. WHq In~ cqnel iO~'5 ~etIO~. Und~score-~present5 ~
[xv.'c, IJr.r Io'...c-i't,dl2CCnl exit- ~bddifio~. ' - -
r'or ,,,'n,lc. '11~e cnclo-cd ,' ax, I . Copies of ~s L.oc~ Law'~eTM
c'l;0d lo all -v wc /;iliOI1 ~:~o~,C~erk~to ~y m~rested i
~oukl b0 L-.xnclicuccd dttl'lUa, :. Dated: Apffi28. Lg98 ' l
m-~'['ions oliA~oo,l~n~ . .
~. ' Ne~il~ n 46-6 las > r,.e~- SOUTHOLD !OXX~ C'~ :
?Imzmd} ~, he,cbt amc,dad 2.-
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
/
........................................................................ weeks
successively, commencing on the .....7.. ............
SWorn to before me this .......... ~ ............ :day Of
.......................... ........................
Notary Public '
BARBARA k SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in SuffolkCou_nltY /