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LL 03 Amend Code Chapter 91 Flood Damage Prevention Local,Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,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. XW Queensbury Tbwn of------------------------------------------------------------------------------------------ *VWX 3 02 Local Law No------------------------------------- of the year 20.. -- To Amend Queensbury Town Code Chapter 91 "Flood Damage Prevention" Alocal law-------------------------------------------------------------------------------------------------------------- (InaertTide) -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Town Board ___ of the Beit enacted by the ---------------=---------------------------------------------------------------------- (N—e OfLesisladve Body) 6646 ��X Queensbury 41 --------------------- as follows: SECTION 1. Section 91-6 of Chapter 91 of the Queensbury Town Code entitled 'Basis for establishing the areas of special flood hazard," is hereby amended as follows: A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency (FEMA): (1) Flood Insurance Rate Map (FIRM) (multiple panels) Index No. 360879 0001-0035 whose effective date is August 16, 1996. (2) A scientific and engineering report entitled the "Flood Insurance Study, Town of Queensbury, New York,Warren County" dated August 16, 2002. (3) Flood Boundary and Floodway Map (FBFM) (multiple panels), Index No. 360879 001-0035,whose effective date is July 16, 1984. (4) Letter of Map Revision (LOMR) effective August 6, 2002, FEMA case #01-02-049P, revising FIRM and FBFM Panel 0026. B. 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 Community Development, Office of Building and Code Enforcement. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.11/99) (1� SECTION 2. Section 91-7 of Chapter 91 of the Queensbury Town Code entitled "Interpretation and conflict with other laws" is hereby amended by adding a new subsection(C) as follows: A. This Chapter 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. B. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. C. The invalidity of any section or provision of this Chapter shall not invalidate any other section or provision thereof. SECTION 3. Section 91-16 of Chapter 91 of the Queensbury Town Code entitled "Residential structures"is hereby amended as follows: A. Elevation. The following standards, in addition to the standards in §91-14A, Subdivision proposals, and §91-14B, Encroachments and §91-15, Standards for all structures, apply to structures 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 substantial improvements shall have the lowest floor (including basement) elevated to or above one (1)foot above the base flood level. (2) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement)elevated at least three (3)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 one (1) foot more than the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §91- 6 (at least two (2)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 structures on slopes. (2) SECTION 4. Section 91-17 of Chapter 91 of the Queensbury Town Code entitled "Residential structures"is hereby amended as follows: The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in §91-14A, Subdivision proposals and §91-14B,Encroachments and §91-15 Standards for all structures. A. 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 nonresidential structure together with attendant utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above one (1)foot above the base flood elevation; or (2) Be floodproofed so that the structure is watertight below one (1) foot above 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. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot more than the depth number specified in feet on the community's FIRM; or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standards specified in Subsection A(2). C. 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 floodproofing 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 Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. E. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three (3) feet above the highest adjacent grade. (3) SECTION 5. Section 91-18 of Chapter 91 of the Queensbury Town Code entitled "Manufactured homes and recreational vehicles" is hereby amended as follows: The following standards, in addition to the standards in §91-14, General standards and §91- 15, 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. A. Recreational vehicles placed on sites WITHIN zones Al-A30, AE and AH shall either: (1) be on site fewer than one hundred eighty(180)consecutive days; (2) be fully licensed and ready for highway use; or (3) meet the requirements for manufactured homes in Subsections B.D and E. 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 permanently attached additions. B. A manufactured home that is placed or substantially improved in Zones Al-A30, AE and AH that is on a site either: (1) outside of an existing manufactured home park or subdivision as herein defined; (2) in a new manufactured home park or subdivision as herein defined; (3) in an expansion to an existing manufactured home park or subdivision as herein defined; or (4) in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor is elevated to or above one (1)foot above the base flood elevation and is securely 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. C. A manufactured home to be placed or substantially improved in Zone 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 manufactured home has incurred substantial damage shall be: (1) Elevated in a manner such as required in Subsection B;or (4) (2) 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 thirty-six (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. D. 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 thirty-six (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. E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as one (1) foot more than the depth number specified on the Flood Insurance Rate Map enumerated in§91-6 [at least two (2)feet if no depth number is specified]. Elevation on piers consisting of dry stacked blocks is prohibited. SECTION 6. The invalidity of any clause, sentence,paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. SECTION 8. This Local Law shall take effect upon publication as required by Section 265 of the New York State Town Law and filing in the office of the New York State Secretary of State. (5) (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. ------------3--------------------- of 2002_- of the(X�'dtiilt 4ky')(Town)(XX�XDI of------------QU___ $BURY------------------------------------ was duly passed by the _ TOWN_BOAR _________-------_____ on--6Y 171-------- 20 Q2,in accordance with the applicable provisions of law. (Name ofLegislative 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 20------ ofthe(County)(City)(Town)(Village)of--------------------- ------------------------------------------- was duly passed by the _______________________________________________ on ------------------ 20 ---,and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer*) 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 20------ ofthe(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20----,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer) 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------------------ 24--- ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting_ referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ---------------------- -------- of 20------ ofthe (County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20---_ ,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of------------------ 24--- ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (6) S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions.of section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November---------------------- 20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the 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 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 in- dicated in paragraph-------1---,above. L M �] Clerk of the County legislative body,City,Town or Village Clerk or officer designated by local legislative body (Seal) Date: l 0 - \q - Z (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 the local law annexed hereto. —Wid t4 '4�/ Signalure7 P015er4 4. 4WAer -Town Cou nse f Title C"X6X xacgx of QUEENSBURY Town Date: '34ne Z©+ zc�o L '(7) TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 July 29, 2002 Linda Lasch,Principal Clerk State Records and Law Bureau STATE OF NEW YORK DEPARTMENT OF STATE 41 State Street Albany,New York 12231-0001 Re: -- Town of Queensbury Local Law No.3 of 2002 Dear Ms. Lasch: We are writing concerning Town of Queensbury Local Law 3, 2002 which was filed in your office on June 26, 2002. It appears that there was a minor typographical error on page 1 of the Local Law in Section A(2). The date at the end of that sentence reads August 16, 2002 and it should instead read August 16, 1996. Accordingly, we have enclosed for your records a replacement page 1. We trust that this is acceptable; however, if you have any questions, please contact us at (518) 761-8251. Thank you for your assistance. Very truly yours, MARK SCHACHNER, COUNSEL TO TOWN OF QUEENSBURY Pam c: Darleen Dougher,Town Clerk David Hatin, Director of Building&Code Enforcement "HOME OF NNrURAL BEAUTY . . . A GOOD PLACE TO LIFE" SETTLED 1763 r Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY,NY 12231 (Use this forth 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. XC * X9W Queensbury Town 3 02 Local Law No.------------------------------------ of the year 20-- -- To Amend Queensbury Town Code Chapter 91 "Flood Damage Prevention" A local law----To -------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- - Town Board Beit enacted by the ---------- ------------------------------------------------------------------------------ of the (Nou o(Lsaislsuve Bdy) (X"X Queensbury of------------------------ -- - --- - ----------------------------------- as follows: To� SECTION 1. Section 91-6 of Chapter 91 of the Queensbury Town Code entitled 'Basis for establishing the areas of special flood hazard," is hereby amended as follows: A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency (FEMA): (1) Flood Insurance Rate Map (FIRM) (multiple panels) Index No. 360879 0001-0035 whose effective date is August 16, 1996. (2) A scientific and engineering report entitled the "Flood Insurance Study, Town of Queensbury, New York, Warren County" dated August 16, 1996. (3) Flood Boundary and Floodway Map (FBFM) (multiple panels), Index No. 360879 001-0035,whose effective date is July 16, 1984. (4) Letter of Map Revision (LOMR) effective August 6, 2002, FEMA case #01-02-049P, revising FIRM and FBFM Panel 0026. B. 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 Community Development, Office of Building and Code Enforcement. (If additional space Is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.1 199) \1) STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 1 223 1-000 1 GEORGE E. PATAKI RANDY A. DANIELS GOVERNOR SECRETARY OF STATE July 11, 2002 Darleen M Dougher TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NY 12804 RE: Town of Queensbury, Local Law 3, 2002 , filed 06/26/2002 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request . Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2 755 WWW DOS STATE NY US E-MAIL: INFO(CI)DOS STATE NY US RECYCLED PAPER (DomesticU.S.Postal Service CERTIFIED MAIL RECEIPT Only; O S rurm fly Postage $ t r cc rq I. Certified Fee ark fly Return Receipt Fee Post oHerre C3 (Endorsement Required) C-3 Restricted Delivery Fee E3 (Endorsement Fequired) O Total Postage&Fees 1 ) r-1 Sent r-� . - ------------- -•--•--•-- r-9 Street,Apt.No., C3 or PO Box No. - -- -------- ------------ City,State,74/ `� P5 Form :0r January 2001 (DomesticU.S.Postal Service CERTIFIED MAIL RECEIPT Only; . Insurance CoverageProvided) _n rl c0 tL rU Postage $ c0 �., Certified Fee i Postmark N Return 0eceipt Fee Here C7 (Endorsement Required) O Restricted Delivery Fee Q (Endorsement Required) @@ C3 Total Postage&Fees rl Sent T r n Street,Apt.No.• In or PO.Box No. �- �� ----------------------- -- --------- -- ------------ -- ----------- City,State,ZIP+4 :00 January 2001 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. v �by/�1¢asq�P B. Date of Delivery item 4 if Restricted Delivery is desired. fW V �!i �—J ■ Print your name and address on the reverse so that we can return the card to you. C. Si tune ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee D. Tdli t from item 1? ❑Yes 1. Article Addressed to: re§s below: O No CCU. 3. Service e ified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 6y1QI, PS Forrrr3811,March 2001 Domestic Return Receipt 102595-01-M-1424 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deli, item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X 1i� , gen or oil the front if space permits. J ❑Addre D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 'S� 3. Sery Type i I ! ^ Certified Mail ❑ Express Mail l J�]L9—�1-�►`t J}' ( ( ' ❑Registered ❑ Return Receipt for Merchar ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) UJ PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M W24I2002 Ms.Darleen M.Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): Local Law No.3-2002 Town of Queensbury CtO Clerk's Office 742 Bay Road Queensbury,NY 12804 General Code Publishers ` Phone:800/836-8834 Fax:716/328-8189 ,,,I�M,� TT 44 E-mail:10 es@geneI 11111111411 t"I'm 11 111 11111 11 11 111111 111 1 1111111 11111 11111111