LL 02 Flood Prevention Damage 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
:liminated and do not use italics or underlining to indicate new matter.
Town
)WAT of Queensbur
Local Law No. 2 of the year 19 96
i local law for FLOOD DAMAGE PREVENTION
Ls authorized by the New York State Constitution, Article IX, Section 2 , and
,nvironmental Conservation law, Article 36 .
Be it enacted by the Town Board of the
town (Name of Legislative Body)
AV of Queensbury Warren County,
J.Y. as follows:
SECTION 1. 0
STATUTORY AUTHORIZATION AND PURPOSE
1. 1 FINDINGS
The Town Board of the _ Town of Queensbury
finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the
Town of Queensbury and that such
damages may include: destruction or loss of private and public housing,
damage to public facilities, both publicly and privately owned, and
injury to and loss of human life. 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 PURPOSE
It is the purpose of this local law 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:
(1) regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(1)
(3) control the alteration of 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 damages ;
(5) regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
(6) qualify and maintaip for participation in the National Flood
Insurance Program.
1.3 OBJECTIVES
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;
(6) 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.
SECTION 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.
lAppeal" means a request for a review of the Local Administrator's inter-
pretation of any provision of this Local Law or a request for a variance .
(2)
"Appeal" means a request for a review of the Local Administrator's inter-
pretation�of,any provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a
community ' s Flood Insurance Rate Map (FIRM) with a one percent or greater
annual chance of flooding to an average annual depth of one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99 , V, VO,
VE, or Vl-V30. 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.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement" .
"Crawl Space" means an enclosed area beneath the lowest elevated floor,
eighteen inches or more in height, which is used to service the underside of
the lowest elevated floor. The elevation of the floor of this enclosed area,
which may be of soil , gravel , concrete or other material, must be equal to or
above the lowest adjacent exterior grade. The enclosed crawl space area
shall be properly vented to allow for the equalization of hydrostatic forces
which would be experienced during periods of flooding.
"Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage of
equipment or materials.
"Elevated building" means a non-basement building (i) built, in the case of
a building in Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the
top of the elevated floor, or in the case of a building in Zones V1-30, VE,
or V, to have the bottom of the lowest horizontal structure member of the
elevated floor elevated above the ground level by means of pilings, columns
(posts and piers) , or shear walls parallel to the flow of the water and (ii)
adequately anchored so as not to impair the structural integrity of the
building during a flood of up to the magnitude of the base flood. In the case
of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement of flood
waters. In the case of Zones Vl-V30, VE, or V, "elevated building" also
includes a building otherwise meeting the definition of "elevated building" ,
even though the lower area is enclosed by means of breakaway walls that meet
the federal standards .
(3)
"Existing manufactured home park or subdivisions, means a manufactured home
park or subdivision for which the construction of facilities for servicing
the lots op which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is complete before
the effective date of the floodplain management regulations adopted by the
community.
"Expansion to an existing manufactured home park or subdivision', means the
preparation of additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) .
"Federal Emergency Management Agency" means the Federal agency that
administers the National Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such
as a flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM) II means an official map of the
community published by the Federal Emergency Management Agency as part of a
riverine community' s Flood Insurance Study. The FBFM delineates a Regulatory
Floodway along water courses studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of
the flood hazards and, if appropriate, corresponding water surface eleva-
tions, or an examination, evaluation and determination of flood- related
erosion hazards.
"Flood Hazard Boundary Map (FHBM) " means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been designated as Zone A but no flood
elevations are provided.
"Flood Insurance Rate Map (FIRM) " means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas
of special flood hazard and the risk premium zones applicable to the
community.
"Flood Insurance Study" see "flood elevation study" .
"Floodplain" or "Flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of "Flooding") .
(4)
"Floodproofing" means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents .
"Floodway" - has the same meaning as "Regulatory Floodway" .
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. such
as a docking or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, and ship repair facilities . The term does
not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a
listing maintained by the Department of the Interior) or prelimin-
arily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(4 ) individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
( i) by an approved state program as determined by the Secretary
of the Interior or
( ii) directly by the Secretary of the Interior in states without
approved programs .
"Local Administrator" is the person appointed by the community to administer
and implement this local law by granting or denying development permits in
accordance with its provisions. This person is often the Code Enforcement
Officer, Building Inspector or employee of an engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including
basement or cellar) . An unfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building ' s lowest floor; provided,
that such enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of this Local Law.
(5)
� , 1
"Manufactured home'$ means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The term
does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or
sale.
"Mean sea level,, means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 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" .
"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 a floodplain management
regulation adopted by the community and includes any subsequent improvements
to such structure.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities , the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by a community.
"one hundred year flood" or 11100-year flood" has the same meaning as "Base
Flood" .
"Principally above ground" means that at least 51 percent of the actual cash
value of the structure, excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis ;
(2) 400 square feet or less when measured at the largest horizontal
projections ;
(3) designed to be self-propelled .or permanently towable by a light
duty truck; and
(4 ) not designed primarily for use as a permanent dwelling but as
temporary living quarters . for recreational , camping, travel, or
seasonal use.
(6)
"Regulatory Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than
a designated height as determined by the Federal Emergency Management Agency
in a Flood Insurance Study or by other agencies as provided in Section 4 .4-2
of this Law.
"Start of construction" includes substantial improvement and 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 trailers, and
building materials. For manufactured homes the "actual start" means affixing
of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured
home.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construc-
tion" of the improvement. The term includes structures which have incurred
"substantial damage" , regardless of the actual repair work performed. The
term does not, however, include either:
(1) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure
safe living conditions ; or
(2) any alteration of a "Historic structure" , provided that the
alteration will not preclude the structure' s continued designation
as a "Historic structure" .
"Variance" means a grant of relief from the requirements of this local law
which permits construction or use in a manner that would otherwise be
prohibited by this local law.
(7)
I
SECTION 3 . 0
GENERAL PROVISIONS
3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazard within
the jurisdiction of the TOWN OF 4UEENSBURY WARREN COUNTY NEW YORK
3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard are identified and defined on the
following documents prepared by the Federal Emergency Management Agency
(1) Flood Insurance Rate Map (multiple panels) Index No. 360879 0001-
0035 , whose effective date is AUGUST 16 , 1996
(2) A scientific and engineering report entitled "Flood Insurance
Study, TOWN OF QUEENSBURY , New York,
WARREN County" dated AUGUST 16 , 1996
(3) Flood boundary floodway maps (multiple panels) index number 360879 001-0035 whose
effective date is 7-16-84.
The above documents are hereby adopted and declared to be a part of this
Local Law. The Flood Insurance Study and/or maps are on file at:
The Department of Comnunit}-JLey-elORmentT(lffice Of Build;rand
Code Enforcement.
3 . 3 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the National Flood Insurance
Program through November 1 , 1989 and shall supersede all previous laws
adopted for the purpose of flood damage prevention .
In their interpretation and application, the provisions of this local
law shall be held to be minimum 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 restric-
tive, 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 .
(8)
3.5 PENIXLTIES FOR NON-COMPLIANCE
No structure in an area of special flood hazard shall hereafter be
constructed, located, extended, converted, or altered and no land shall
be excavated or filled without full compliance with the terms of this
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 conditions of the permit, shall consti-
tute 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 Queensbury, Warren County
New York from taking such other lawful action as necessary
to prevent or remedy an infraction. Any structure found not compliant
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 non-compliant and notification sent to the
Federal Emergency Management Agency.
3 . 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered
reasonable for regulatory purposes and is based on scientific and engi-
neering 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
from flooding or flood damages. This local law shall not create
liability on the part of the Town of Queensbury. Warren rniinty New York
any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damages that result from reliance on this local
law or any administrative decision lawfully made thereunder.
SECTION 4 . 0
ADMINISTRATION
4 . 1 DESIGNATION• OF THE LOCAL ADMINISTRATOR
The _Director of Building and Codes Enforcement is hereby appointed Local Ad-
ministrator to administer and implement this local law by granting or
denying floodplain development permits in accordance with its provi-
sions.
4 .2 THE FLOODPLAIN DEVELOPMENT PERMIT
4 .2-1 PURPOSE
A floodplain development permit is hereby established for all
construction and other development to be undertaken in areas of
special flood hazard in this community for the purpose of
(9)
prdtecting its citizens from increased flood hazards and insuring
that new development is constructed in a manner that minimizes
its exposure to flooding. It shall be unlawful to undertake any
development in an area of special flood hazard, as shown on the
Flood Insurance Rate Map enumerated in Section 3 .2 , without a
valid floodplain development permit. Application for a 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 eleva-
tions of the area in question; existing or proposed structures,
fill , storage of materials, drainage facilities, and the location
of the foregoing.
4.2-2 FEES
(1) All applications for a floodplain development permit shall be
accompanied by an application fee of $ 25.00 . In addi-
tion, the applicant shall be responsible for reimbursing the
I-wn of Weench,m , for any additional
costs necessary for review, inspection and approval of this
project. The Local Administrator may require a deposit of no
more than $500. 00 to cover these additional costs.
4 . 3 APPLICATION FOR A PERMIT
The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or
substantially improved structure to be located in Zones A1-
A30, AE or AH, or Zone A if base flood elevation data are
available. Upon completion of the lowest floor, the permitee
shall submit to the Local Administrator the as-built eleva-
tion, certified by a licensed professional engineer or sur-
veyor.
(2) The proposed elevation, in relation to mean sea level , to
which any new or substantially improved non-residential
structure will be floodproofed. Upon completion of the
floodproofed portion of the structure, the permitee shall
submit to the Local Administrator the as-built floodproofed
elevation, certified by a professional engineer or survey-
or.
(3) A certificate from a licensed professional engineer or
architect that any utility floodproofing will meet the
criteria in Section 5 . 2-3 , UTILITIES .
(4) A certificate from a licensed professional engineer or archi-
tect that any non-residential floodproofed structure will
meet the floodproofing criteria in Section 5 .4 , NON-RESIDEN-
(10)
1 ' L
TIAL STRUCTURES.
(5) A description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
Computations by a licensed professional engineer must be
submitted that demonstrate that the altered or relocated
segment will provide equal or greater conveyance than the
original stream segment. The applicant must submit any maps,
computations or other material required by the Federal
Emergency Management Agency (FEMA) to revise the documents
enumerated in Section 3 . 2 , when notified by the Local
Administrator, and must pay any fees or other costs assessed
by FEMA for this purpose. The applicant must also provide
assurances that the conveyance capacity of the altered or
relocated stream segment will be maintained.
(6) A technical analysis, by a licensed professional engineer, if
required by the Local Administrator, which shows whether
proposed development to be located in an area of special
flood hazard may result in physical damage to any other
property.
(7) In Zone A, when no base flood elevation data are available
from other sources, base flood elevation data shall be
provided by the permit applicant for subdivision proposals
and other proposed developments (including proposals for
manufactured home and recreational vehicle parks and subdivi-
sions) that are greater than either 50 lots or 5 acres.
4 . 4 DUTIES AND RESPONSIBILITIES O)' THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited the
following.
4 . 4-1 - PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit
application review before issuing a floodplain development
permit:
- (1) Review all applications for completeness, particularly with
the requirements of subsection 4 . 3 , APPLICATION FOR A PERMIT,
and for compliance with the provisions and standards of this
law.
(2) Review subdivision and, other proposed new development,
including manufactured home parks to determine whether
proposed building sites will be reasonably safe from flood-
ing. If a proposed building site is located in an area of
special flood hazard, all new construction and substantial
improvements shall meet the applicable standards of Section
5. 0, CONSTRUCTION STANDARDS and, in particular, sub-section
(11)
5 . 1-1 SUBDIVISION PROPOSALS.
(3) Determine whether any proposed development in an area of
special flood hazard may result in physical damage to any
other property (e.g. , stream bank erosion and increased flood
velocities) . The Local Administrator may require the appli-
cant to submit additional technical anal%-ses and data
necessary to complete the determination.
If the proposed development may result in physical damage to
any other property or fails to meet the requirements of
Section 5. 0, CONSTRUCTION STANDARDS, no permit shall be
issued. The applicant may revise the application to include
measures that mitigate or eliminate the adverse effects and
re-submit the application.
(4) Determine that all necessary permits have been received from
those governmental agencies from which approval is required
by State or Federal law.
4 .4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated
areas of special flood hazard on the community's Flood
Insurance Rate map (FIRM) but has neither produced water
surface elevation data (these areas are designated Zone A or
V on the FIRM) nor identified a floodway, the Local Adminis-
trator 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
paragraph 4 . 3 (7) , as criteria for requiring that new con-
struction, substantial improvements or other proposed
development meet the requirements of this law.
(2) When base flood elevation data are not available, the Local
Administrator may use flood information from any other
authoritative source, such as historical data, to establish
flood elevations within the areas of special flood hazard,
for the purposes of this law.
4.4-3 ALTERATION OF WATERCOURSES
(1) Notification to adjacent communities and the New York State
Department of Environmental Conservation prior to permitting
any alteration or relocation of a watercourse, and submittal
of evidence of such notification to the Regional Director,
Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished.
(12)
4 .4-4 CONSTRUCTION STAGE
(1) In Zones Al-A30, AE and AH, and also Zone A if base flood
elevation data are available, upon placement of the lowest
floor or completion .of floodproofing of a new or substantial-
ly improved structure, obtain from the permit holder a
certification of the as-built elevation of the lowest floor
or floodproofed elevation, in relation to mean sea level.
The certificate shall be prepared by or under the direct
supervision of a licensed land surveyor or professional
engineer and certified by same. For manufactured homes, the
permit holder shall submit the certificate of elevation upon
placement of the structure on the site. A certificate of
elevation must also be submitted for a recreational vehicle
if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use) .
(2) Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk.
The Local Administrator shall review all data submitted.
Deficiencies detected shall be cause to issue a stop work
order for the project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or
architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor
compliance with permit conditions and enable said inspector to
certify, if requested, that the development is in compliance with
the requirements of the floodplain development permit and/or any
variance provisions.
4 . 4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued,
a stop work order for any floodplain development found
ongoing without a development permit. Disregard of a stop
work order shall subject the violator to the penalties
described in Section 3 . 5 of this local law.
(2) The Local Administrator shall issue, or cause to be issued,
a stop work order for any floodplain development found non-
compliant with the provisions of this law and/or the condi-
tions of the development permit. Disregard of a stop work
order shall subject the violator to the penalties described
in Section 3 . 5 of this focal law.
4.4-7 CERTIFICATE OF COMPLIANCE
(1) In areas of special flood hazard, as determined by documents
enumerated in Section 3 . 2 , it shall be unlawful to occupy or
(13)
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.
(2) A certificate of compliance shall be issued by the Local
Administrator upon satisfactory completion of all development
in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspec-
tions conducted as prescribed in Section 4 . 4-5, INSPECTIONS,
and/or any certified elevations, hydraulic data, floodproof-
ing, anchoring requirements or encroachment analyses which
may have been required as a condition of the approved permit.
4. 4-8 INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for
inspection, copies of the following:
(1) Floodplain development permits and certificates of compli-
ance;
(2) Certifications of as-built lowest floor elevations of
structures, required pursuant to sub-sections 4 . 4-4 (1) and
4 . 4-4 (2) , and whether or not the structures contain a
basement;
(3) Floodproofing certificates required pursuant to sub-section
4 . 4-4 (1) , and whether or not the structures contain a
basement;
(4) Variances issued pursuant to Section 6 . 0 , VARIANCE PROCE-
DURES ; and,
(5) Notices required under sub-section 4 . 4-3 , ALTERATION OF
WATERCOURSES .
SECTION 5. 0
CONSTRUCTION STANDARDS
5. 1 GENERAL STANDARDS
The following standards apply to new development, including new and
substantially improved structures, 'in the areas of special flood hazard
shown on the Flood Insurance Rate Map designated in Section 3 . 2 .
5. 1-1 SUBDIVISION PROPOSALS
The following standards apply to all new subdivision proposals
(14)
. and other proposed development in areas of special flood hazard
(including proposals for manufactured home and recreational
vehicle parks and subdivisions) :
(1) Proposals shall be consistent with the need to minimize flood
damage;
(2) Public utilities and facilities such as sewer, gas, electri-
cal and water systems shall be located and constructed so as
- to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to
flood damage.
5. 1-2 ENCROACHMENTS
(1) Within Zones Al-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or
other development (including fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulative effect
of the proposed development, when combined with all other
existing and anticipated development, will not increase
the water surface elevation of the base flood more than
one foot at any location, or,
(ii) the Town of Queensbury agrees
to apply to the Federal Emergency Management Agency (FEMA)
for a conditional FIRM revision, FEMA approval is received
and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Queensbury
for all fees and other
costs in relation to the application. The applicant must
also provide all data, analyses and mapping and reimburse
the Town of 0u " nshtiry for all
costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood
Boundary and Floodway Map or the Flood Insurance Rate Map
adopted in Section 3 . 2 , no new construction, substantial
improvements or other development in the floodway (including
fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional
engineer shows that such an encroachment shall not result
in any increase in flood levels during occurrence of the
base flood, or,
(ii) the Town of Queensbury agrees
to apply to the Federal Emergency Management Agency (FEMA)
for a conditional FIRM and floodway revision, FEMA
approval is received and the applicant provides all
" (15)
necessary data, analyses and mapping and reimburses the
Town of �ueensbury for all fees and
other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and
reimburse the Town of Queensbury
for all costs related to the final map revisions.
5.2 STANDARDS FOR ALL STRUCTURES
5.2-1 ANCHORING
(1) New structures and substantial improvement to structures in
areas of special flood hazard shall be anchored to prevent
flotation, collapse, or lateral movement during the base
flood. This requirement is in addition to applicable State
and local anchoring requirements for resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(1) New construction and substantial improvements to structures
shall be constructed with materials and utility equipment
resistant to flood damage.
(2) New construction and substantial improvements to structures
shall be constructed using methods and practices that mini-
mize flood damage.
(3) For enclosed areas below the lowest floor of a structure
within Zones Al-A30, AE or AH, and also Zone A if base flood
elevation data are available, new and substantially improved
structures shall have fully enclosed areas below the lowest
floor that are useable solely for parking of vehicles, build-
ing access of storage in an area other than a basement and
which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed
the following minimum criteria:
(i) a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding; and
(ii) the bottom of all such openings no higher than one
foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or
other coverings or devices provided they permit the automatic
entry and exit of floodwaters. Enclosed areas sub-grade on
all sides are considered basements and are not permitted.
(16)
5.2-3 UTILITIES
(1) Machinery and equipment servicing a building must either be
elevated to or above the base flood level or designed to
prevent water from entering or accumulating within the
components during a flood. This includes heating, venti-
lating, and air conditioning equipment, hot water heaters,
appliances, elevator lift machinery, and electrical junction
and circuit breaker boxes. When located below the base flood
- elevation, a professional engineer's or architect's certifi-
cation of the design is required;
(2) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system;
(3) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters.
Sanitary sewer and storm drainage systems for buildings that
have openings below the base flood elevation shall be
provided with automatic backflow valves or other automatic
backflow devices that are installed in each discharge line
passing through a building's exterior wall ; and,
(4) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flood-
ing.
5. 3 RESIDENTIAL STRUCTURES
5. 3-1 ELEVATION
The following standards, in addition to the standards in sub-
sections 5. 1-1, SUBDIVISION PROPOSALS, and 5 . 1-2 , ENCROACHMENTS,
and Section 5. 2 , STANDARDS FOR ALL STRUCTURES, apply to struc-
tures located in areas of special flood hazard as indicated.
(1) Within Zones Al-A30, AE and AH and also Zone A if base flood
elevation data are available, new construction and substan-
tial improvements shall have the lowest floor (including
basement) elevated to or above the base flood level .
(2) Within Zone A, when no base flood elevation data are avail-
able, new and substantially improved structures shall have
the lowest floor (including basement) elevated at least three
feet above the highest adjacent grade.
(3) Within Zone AO, new and substantially improved structures
shall have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the
depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in Section 3 . 2 (at least two
(17)
feet if no depth number is specified) .
(4) Within Zones AH and AO, adequate drainage paths are required
to guide flood waters around and away from proposed struc-
tures on slopes.
5 .4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantially improved
commercial, industrial and other non-residential structures, in addition
to the requirements in sub-sections 5. 1-1, SUBDIVISION PROPOSALS, and
5. 1-2 , ENCROACHMENTS, and Section 5. 2, STANDARDS FOR ALL STRUCTURES .
(1) Within Zones Al-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial
improvements of any non-residential structure, together with atten-
dant utility and sanitary facilities, shall either:
(i) have the lowest floor, including basement or cellar, elevated
to or above the base flood elevation; or
(ii) 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 hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of
non-residential structures shall:
(i) have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if
no depth number is specified) , or
(ii) together with attendant utility and sanitary facilities, be
completely floodproofed to that level to meet the floodproofing
standard specified in sub-section 5 .4 (1) (ii)
(3) If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and/or review structural
design, specifications, and plans for construction. A Floodproof-
ing Certificate or other certification shall be provided to the
Local Administrator that certifies the design and methods of
construction are in accordance with accepted standards of practice
for meeting the provisions of Section 5. 4 (1) ( ii) , including the
specific elevation (in relation to mean sea level) to which the
structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to
guide flood waters around and away from proposed structures on
slopes.
(18)
(5) Within Zone A, when no base flood elevation data are available, the
lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
5 .5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in Section 5. 1,
GENERAL STANDARDS, and Section 5 . 2 , STANDARDS FOR ALL STRUCTURES apply,
as indicated, in areas of special flood hazard to manufactured homes and
to recreational vehicles which are located in areas of special flood
hazard.
(1) Recreational vehicles -placed on sites within Zones Al-A30, AE and
AH shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs
5. 5 (2) , (4) and (5) .
A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no perma-
nently attached additions .
(2) A manufactured home that is placed or substantially improved in
Zones Al-A30, AE and AH that is on a site either:
(i) outside of an existing manufactured home park or subdivision
as herein defined;
(ii) in a new manufactured home park or subdivision as herein
defined;
(iii) in an expansion to an existing manufactured home park or
subdivision as herein defined; or
(iv) in an existing manufactured home park or subdivision as
herein defined on which a manufactured home has incurred substan-
tial damage as the result of a flood;
shall be elevated on a permanent foundation such that the lowest
floor is elevated to or above the base flood elevation and is se-
curely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement. Elevation on
piers consisting of dry stacked blocks is prohibited. Methods of
anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
(3) A manufactured home to be placed or substantially improved in Zone
(19)
Al-A30, AE and AH in an existing manufactured home park or
subdivision that is not to be placed on a site on which a manufac-
tured home has incurred substantial damage shall be:
(i) elevated in a manner such as required in paragraph 5. 5 (2) , or
(ii) elevated such that the manufactured home chassis is support-
ed by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height
above the lowest adjacent grade and are securely anchored to an
adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of
dry stacked blocks is prohibited.
(4) Within Zone A, when no base flood elevation data are available, new
and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above the lowest adjacent
grade and are securely anchored to an adequately anchored foun-
dation system to resist flotation, collapse or lateral movement.
Elevation on piers consisting of dry stacked blocks is prohibited.
(5) Within Zone AO, the floor shall be elevated above the highest
adjacent grade at least as high as the depth number specified on
the Flood Insurance Rate Map enumerated in Section 3 . 2 (at least
two feet if no depth number is specified) . Elevation on piers
consisting of dry stacked blocks is prohibited.
SECTION 6 . 0
VARIANCE PROCEDURE
6 . 1 APPEALS BOARD
(1) The Town of Queensbury Planning Board as established by the
Town Board of the Town of Queensbury shall hear and decide appeals and
requests for variances from the requirements of this local law.
(2) The Planning Board of the Town of Queensbury 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 Planning Board of the Town
of Queensbury 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 Planning Board of the Town
of Queensbury , shall consider all technical
evaluations, all relevant factors, standards specified in other
sections of this local law and:
(20)
(i) the danger that materials may be swept onto other lands to
the injury of others;
(ii) 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 comprehen-
sive plan and floodplain 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 local 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 Planning Board of the Town of Queensbury
may 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.
(21)
e
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 justi-
fication required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of
historic structures upon determination that:
(i) the proposed repair or rehabilitation will not preclude the
structure's continued designation as a "Historic structure".
(ii) the variance is the minimum necessary to preserve the
historic character and design of the structure.
(3) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(i) the criteria of subparagraphs 1 , 4 , 5, and 6 of this 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 receiving written justification
of:
(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
(iii) 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.
(22)
(7) Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk
resulting from lowest floor elevation.
Be it enacted this 12th day of August 1996 by the
Town Board of the Town of
Queensbury , Warren County,
New York, to be effective immediately upon filing
Fred Champagne, Supervisor
Betty C. Monahan, Councilperson
Theodore Turner, Councilperson
Connie L. Goedert, Councilperson
Carol A. Pulver, Councilperson
SEAL
August 13, 1996
ATTEST n G' CLERK
(23)
Attachment A
MODEL FLOODPLAIN DEVELOPMENT
APPLICATION FORM
(24)
APPLICATION #
PAGE 1 of 4
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
This form is to be filled out in duplicate.
SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign):
1. No work may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Compliance is issued.
5. The permit will expire if no work is commenced within six months of issuance.
6. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory
requirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required
to verify compliance.
8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS
APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE.
(APPLICANT'S SIGNATURE) DATE
SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT)
NAME ADDRESS TELEPHONE
APPLICANT
BUILDER
ENGINEER
PROJECT LOCATION:
To avoid delay in processing the application, please provide enough information to easily identify the project location. Provide
the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting road
or well-known landmark. A sketch attached to this application showing the project location would be helpful.
(25)
APPLICATION #
PAGE 2 of 4
DESCRIPTION OF WORK (Check all applicable boxes):
A. STRUCTURAL DEVELOPMENT
ACTIVITY STRUCTURE TYPE
❑ New Structure ❑ Residential (1-4 Family)
❑ Addition" ❑ Residential (More than 4 Family)
❑Alteration ❑ Non-residential (Floodproofing? ❑ Yes)
❑ Relocation ❑ Combined Use (Residential & Commercial)
❑ Demolition ❑ Manufactured (Mobile) Home (In Manu-
❑ Replacement factured Home Park? ❑ Yes)
ESTIMATED COST OF PROJECT S
B. OTHER DEVELOPMENT ACTIVITIES:
❑ Fill ❑ Mining ❑ Drilling ❑ Grading
❑ Excavation (Except for Structural Development Checked Above)
❑ Watercourse Alteration (Including Dredging and Channel Modifications)
❑ Drainage Improvements (Including Culvert Work)
❑ Road, Street or Bridge Construction
❑ Subdivision (New or Expansion)
❑ Individual Water or Sewer System
❑ Other (Please Specify)
After completing SECTION 2, APPLICANT should submit form to Local Administrator for review.
SECTION 3: F'LOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR)
The proposed development is located on FIRM Panel No. , Dated
The Proposed Development:
❑ Is NOT located in a Special Flood Hazard Area (Notify the applicant that the application
review is complete and NO FLOODPLAIN DEVELOPMENT PERMIT IS REQUIRED).
❑ Is located in a Special Flood Hazard Area.
FIRM zone designation is
100-Year flood elevation at the site is: Ft. NGVD (MSL)
CI Unavailable
❑ The proposed development is located in a floodway.
FBFM Panel No. Dated
❑ See Section 4 for additional instructions.
SIGNED DATE
(26)
APPLICATION #_
PAGE 3of4
SECTION 4: ADDITIONAL INFORMATION REOUIRED (To be completed by LOCAL ADMINISTRATOR)
The applicant must submit the documents checked below before the application can be processed:
❑A site plan showing the location of all existing structures,water bodies,adjacent roads,lot dimensions and proposed
development.
❑Development plans,drawn to scale,and specifications,including where applicable:details for anchoring structures,
proposed elevation of lowest floor(including basement),types of water resistant materials used below the first floor,
details of floodproofing of utilities located below the fast floor and details of enclosures below the first floor.
Also
❑ Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres,
whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise available).
❑ Plans showing the extent of watercourse relocation and/or landform alterations.
❑ Top of new fill elevation Ft. NGVD (MSL).
❑ Floodproofing protection level (non-residential only) Ft. NGVD (MSL). For floodproofed structures,
applicant must attach certification from registered engineer or architect.
i
❑ Certification from a registered engineer that the proposed activity in a regulatory floodway will not result in any
increase in the height of the 100-year flood. A copy of all data and calculations supporting this finding must also
be submitted.
❑ Other:
SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR)
I have determined that the proposed activity: A. ❑ Is
B. ❑ Is not
in conformance with provisions of Local Law # , 19 The permit is issued subject to the conditions attached to and
made part of this permit.
SIGNED , DATE
If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee.
If BOX B is checked,the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit
an application to the Local Administrator or may request a hearing from the Board of Appeals.
(27)
APPLICATION #
PAGE 4of4
APPEALS: Appealed to Board of Appeals? ❑ Yes ❑ No
Hearing date:
Appeals Board Decision --- Approved? ❑ Yes ❑ No
Conditions
SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued)
The following information must be provided for project structures. This section must be completed by a registered professional
engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below.
1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bottom
of lowest structural member of the lowest floor, excluding piling and columns) is: FT. NG VD
(NISL).
2. Actual (As-Built) Elevation of floodproofmg protection is FT. NGVD (MSL).
NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant.
SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR)
The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure compliance
with the community's local law for flood damage prevention.
INSPECTIONS: DATE BY DEFICIENCIES? ❑ YES ❑ NO
DATE BY DEFICIENCIES? ❑ YES ❑ NO
DATE BY DEFICIENCIES? ❑ YES ❑ NO
SECTION 8• CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR)
Certificate of Compliance issued: DATE: BY:
(28)
Attachment B
SAMPLE
CERTIFICATE OF COMPLIANCE
for Development in a Special Flood Hazard Area
(29)
CERTIFICATE OF COMPLIANCE
FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
(Owner Must Retain This Certificate)
Premises located at:
Owner:
Address:
Permit No. Permit Date:
Check One:
New Building
Existing Building
Fill
Other•
The Local Floodplain Administrator is to complete a. or b.
below:
a. Compliance is hereby certified with the requirements of
Local Law No. , 19
Signed• Dated-
b. Compliance is hereby certified with the requirements of
Local Law No. , 19 , as modified by variance no.
dated
Signed: Dated:
(30)
(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. 2 of 19 96
of the (CdAMy)((Z?(y)(Town)(V7MJK) of Queensbury was duly passed by the
Town Board on August 12, 19 , in accordance with the applicable
(Name o LegislativeBody) P provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of egis ative o y
disapproval) by the and was deemed duly adopted on 19
ecttve Chief Executive O titer
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 duly passed by the
on 19—, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19� Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndurn.)
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 (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19, Such local law was subject to
Elective Chief Executive Officer
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 of a county elected on a
county-wide basis or, if there be none, (lie chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(31)
5. (Ci!y local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions ofysecti l (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
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 cities of said county as a unit and of 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 appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
Clerk of the County legislative body, City, Town or VMhe Clerk
or officer designated by local legilsative body
(Seal) Date: August 13, 1996
(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 Warren
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of t cal I annexed hereto.
ignature HACHNER
Town Counsel
Title
C=ty
af� of Queensbury
Town
AMP
Date: August 13, 1996
(32)
Ce
i
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
August 16, 1996
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 2, 1996, filed 08/14/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
c, printed on recycled paper
'Y
TOWN OF QUEENSBURY
742 SXXBAY ROAD,QUEENSBURY, N.Y. 12804-9725 (518))=Z)MK 761-8251
(21 -.&
August 19, 1996
Mr. William Nechamen
Flood Protection Bureau
NYS DEPT. OF ENVIRONMENTAL CONSERVATION
50 Wolf Road - Room 388
Albany, New York 12233-3507
RE: Flood Damage Prevention Local Law
Our File No. : 1126
Dear Mr. Nechamen:
In reference to the Flood Damage Prevention Local Law recently
adopted by the Town of Queensbury, attached for your reference is
a copy of the acknowledgement letter from the Department of State
stating that their office filed the law on August 14, 1996 .
IIPt ly your
K vFVRACHNER, COUNSEL
TO TOWN OF QUEENSBURY
MS:pam
c: Town Board
Darleen M. Dougher, Town Clerk
James M. Martin, AICP, Executive Director
letters\dec\albany
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
TOWN OF QUEENSBURY
742MBAY ROAD,QUEENSBURY, N.Y. 12804-9725 (518)XXXORR 761-8251
August 19, 1996
Mr. Fred Dunlap
NYS DEPT. OF ENVIRONMENTAL CONSERVATION
Region 5
Route 86
P. 0. Box 296
Ray Brook, New York 12977-0296
RE: Flood Damage Prevention Local Law
Our File No. : 1126
Dear Mr. Dunlap:
In reference to the Flood Damage Prevention Local Law recently
adopted by the Town of Queensbury, attached for your reference is
a copy of the acknowledgement letter from the Department of State
stating that their office filed the law on August 14, 1996 .
A/ y tr y yours,
K NER, COUNSEL
TO TOWN OF QUEENSBURY
MS :pam
c: Town Board
Darleen M. Dougher, Town Clerk
James M. Martin, AICP, Executive Director
letters\dec\dunlap
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
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w
T
i
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY. NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
August 16, 1996
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 2 , 1996, filed 08/14/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon.
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
q0140�-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
0, printed on recycled paper
New York State Department of Environmental Conservation
Division of Water AM
Bureau of Flood Protection V
50 Wolf Road, Room 388
Albany, NY 12233-3507
Telephone:(518)457-3157 Michael D.Zagata
Fax:(518)485-7786 Commissioner
August 20, 1996
Mr. Fred Champagne
Supervisor, Town of Queensbury
742 Bay Rd.
Queensbury, NY 12804
Dear Mr. Champagne,
I am in receipt of the acknowledgment letter from the Department of State regarding
Local Law No. 2 of the year 1996 adopting the Town's Flood damage Prevention regulations.
Upon review, I find the amendment acceptable for continued participation in the National
Flood Insurance Program (NFIP).
Should you have questions relative to the contents of this letter or any aspect of the NFIP,
do not hesitate to contact me or Tom Blanchard at (518) 457-3157.
Sincerely, A
William Nechamen
Env. Program Specialist II
Floodplain Management Section
cc: Mary Colvin, FEMA, NYC
Terry Cranell, DEC, Warrensburg
�AmNew York State Department of En antal Conservation Ce faum (6v
Division of Water � 1
Bureau of Flood Protection dull,
50 Wolf Road, Room 388 Y�b '
Albany, NY 12233-3507
Telephone:(518)457-3157 Michael D.Zagata
Fax:(518)485-7786 Commissioner
August 15, 1996
Mr. Fred Champagne
Supervisor, Town of Queensbury
742 Bay Rd.
Queensbury, NY 12904
Dear Mr. Champagne,
I am in receipt of Local Law No. 2 of the year 1996 adopting the Town's Flood damage
Prevention regulations.
Upon review, I find the amendment acceptable for continued participation in the National
Flood Insurance Program (NFIP). As soon as we receive a copy of the Department of State's
"Local Law Acknowledgment," we will notify FEMA to make certain that the town is quickly
reinstated into the National Flood Insurance Program.
We do not automatically receive copies of the DOS "Local Law Acknowledgment."
Immediately upon receipt, please send one copy to this office, and send a copy with a copy of the
town law to the Federal Emergency Management Agency, Region 2 Office, 26 Federal Plaza,
New York, NY 10278-0002.
Should you have questions relative to the contents of this letter or any aspect of the NFIP,
do not hesitate to contact me or Tom Blanchard at (518) 457-3157.
Sincerely,
�z�&caz� �4A"
William Nechamen
Env. Program Specialist II
Floodplain Management Section
cc: Mary Colvin, FEMA, NYC
Terry Cranell, DEC, Warrensburg
TOWN OF QUEENSBURY
742 )W BAY ROAD,QUEENSBURY, N.Y. 12804-9725 (518)XXIAXNK 761-8251
(21-0
August 23, 1996
Ms . Mary Colvin
Federal Emergency Management Agency
Natural & Technical Hazards Division
26 Federal Plaza
New York, New York 10278-0002
RE: Flood Damage Prevention Local Law
Our File No. : 1126
Dear Ms . Colvin:
In reference to the Flood Damage Prevention Local Law recently
adopted by the Town of Queensbury, attached for your reference is
a copy of the acknowledgement letter from the Department of State
stating that their office filed the law on August 14, 1996 .
ry t ly yours,
HACHNER, COUNSEL
TO TOWN OF QUEENSBURY
MS:pam
c : Town Board
Darleen M. Dougher, Town Clerk
James M. Martin, AICP, Executive Director
Tema
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
n
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY. NY 12231-0001
ALEXANDER F. TREAOWELL
SECRETARY OF STATE
August 16, 1996
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 2 , 1996, filed 08/14/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled paper
FEDERAL EMERGENCY MANAGEMENT AGENCY �au� �
Region H
Jacob K. Javits Federal Building
26 Federal Plaza, Room 1337
New York,New York 10278-0002
AUG 2 0 1996
The Honorable Fred Champagne
Supervisor of the Town Queenesbury
742 Bay Road
Queensbury, New York 12804-9725
Dear Supervisor Champagne:
We recently reviewed your community' s newly adopted Local Law # 2
of the Year 1996; Flood Damage Prevention, establishing flood plain
management regulations and find that it meets the requirements of
44 CFR 60 .3 (d) of the National Flood Insurance Program (NFIP) . We
are pleased to inform you that the Town of Queensbury, Warren
County, New York, has assured its continued participation in the
program. The prompt efforts of your community in adopting this
local law are an outstanding example of local initiative. Your
attention to NFIP standards and your cooperation with the New York
State Department of Environmental Conservation (NYSDEC) are greatly
appreciated. Please provide this office with a copy of the
Certificate of Filing this local law with the New York Department
of State at your earliest convenience.
By providing for sensible controls over future development in the
flood hazard areas, your local law should prove an effective
instrument in minimizing danger to life and damage to property. We
believe that it will contribute significantly to your community' s
promotion of the safety and economic well-being of its residents.
The Flood Insurance Rate Map (FIRM) became effective on August 16,
1996 . Please remember that new construction will be charged
actuarial rates for flood insurance which may be quite costly if
construction is not built in compliance with the flood plain
management standards of the NFIP.
If you have questions or need further assistance, please contact
Fred Dunlop, the NYSDEC Flood Plain Coordinator for your area at
(518) 897-1243 or Mary Colvin of my staff at (212) 225-7063 .
Sincerely,
Joseph F. Picciano, Director
Mitigation Division
cc: Betty Sampson, HQ
Bill Nechumen, NYSDEC
Fred Dunlop, NYSDEC R 5