PUBILC HEARING – July 9, 2007

LOCAL LAW NO. 2 OF THE YEAR 2007

A legal notice was placed in the official newspaper as follows:

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
July 9, 2007

PLEASE TAKE NOTICE that the Town Board of the Town of Chazy will hold and conduct a Public Hearing at the Town Hall of the Town of Chazy located on 9631 Route 9 in the Town of Chazy, Clinton County, New York, on the 9^th day of July in the year 2007 at 7:00 o’clock p.m. in the evening of that day on a proposed local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36.

PLEASE TAKE FURTHER NOTICE that at said Public Hearing, to be held at a time and place set forth above, the Town Board shall consider the proposed Local Law and hear all persons interested thereon concerning same.

Dated: June 11, 2007 TOWN OF CHAZY (S)____Leo J. Oliver_____
By: Leo J. Oliver
Town Clerk

Proof of notices having been furnished, the public hearing to consider new proposed local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36, was called to order at 7:00 PM by Supervisor Staub Spiegel.

Supervisor S. Spiegel asked for any questions or comments on the proposed new Local Law.

No comments or questions were asked.

All persons desiring to be heard were heard.

Supervisor S. Spiegel closed the public hearing at 7:04 PM.

PUBILC HEARING – July 9, 2007

LOCAL LAW NO. 3 OF THE YEAR 2007

A legal notice was placed in the official newspaper as follows:

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
July 9, 2007

PLEASE TAKE NOTICE that the Town Board of the Town of Chazy will hold and conduct a Public Hearing at the Town Hall of the Town of Chazy located on 9631 Route 9 in the Town of Chazy, Clinton County, New York, on the 9^th day of July in the year 2007 at 7:05 o’clock p.m. in the evening of that day on a proposed local law to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system.

PLEASE TAKE FURTHER NOTICE that at said Public Hearing, to be held at a time and place set forth above, the Town Board shall consider the proposed Local Law and hear all persons interested thereon concerning same.

Dated: June 11, 2007 TOWN OF CHAZY (S)____Leo J. Oliver_____
By: Leo J. Oliver
Town Clerk

Proof of notices having been furnished, the public hearing to consider new proposed local law to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system, was called to order at 7:05 PM by Supervisor Staub Spiegel.

Supervisor S. Spiegel asked for any questions or comments on the proposed new Local Law.

No comments or questions were asked.

All persons desiring to be heard were heard.

Supervisor S. Spiegel closed the public hearing at 7:08 PM.

DATE: July 9, 2007 KIND OF MEETING: Regular Town Board Meeting

WHERE HELD: Chazy Town Hall PRESIDING OFFICER: Staub Spiegel

Supervisor

MEMBERS PRESENT: MEMBERS ABSENT:

Councilor - Marinus Rovers

Councilor - Jerry Deno

Councilor - Cathy Devins

Councilor - Donald J. Trombly

Clerk - Leo J. Oliver

Attorney - William Favreau

Hwy. Supt. - Richard Lewis

OTHERS PRESENT: S. Patnode, P. Ayer, K. Rodolakis, C. Latremore, J. Latremore, T. Dashnaw, and R. Peterson.

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 07/09/07 Regular Town Board meeting to order at 7:09 PM.

MINUTES

Councilor Donald Trombly made a motion that the minutes of the 06/11/07 regular Town Board meeting be approved as submitted by the Town Clerk, seconded by Councilor Cathy Devins.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

REPORTS

The Supervisor and Town Clerk June monthly reports were submitted and filed.

T/J Dunlop and T/J Gagnier monthly reports from January thru June 2007 were submitted and filed.

PUBLIC COMMENT

EXTENSION OF WATER AND SEWER

Kelly Rodolakis, 1187 Fiske Rd. questioned the Board about the possibility of extending the water and sewer district on Fiske Rd. Advised that no funds are available at this time.

REQUEST FOR SPEED ZONE/FISKE ROAD

Kelly Rodolakis, 1187 Fiske Rd. submitted a petition requesting a lower speed zone in the area from the end of the existing 35 mph zone on Fiske Road for approx. one half mile to the Ratta Road intersection.

REQUEST FOR SPEED ZONE / FISKE ROAD / CHAZY

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esolution No. 66 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Donald Trombly.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, a request and petition, for the extension of the 35 mph speed zone on Fiske Road out of the Hamlet of Chazy to the Ratta Road intersection a distance of approx. one half mile, was received from Kelly Rodolakis, 1187 Fiske Rd., Chazy, NY 12921;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize that the request (Form TE 9a) for a reduced speed in the approx. one half mile area, defined as from the end of the current 35 mph zone on Fiske Road to the Ratta Road intersection, Chazy, NY, be forwarded to the NY State Department of Transportation to determine if one is justified.

ATTORNEY FOR THE TOWN REPORT

Attorney William Favreau reports:

Two local laws will need to be voted on.

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

Ø The Minkler Road between North Farm Road and Miner Farm Road will be designated as a seasonal road with no services between December 1 and April 1 of each year.

Ø Stumps and brush will be cleared on Slosson Road between Fiske Road and State Rt. 22 prior to paving.

Ø Town Garage parking lot to be resurfaced.

Ø Duprey Road between State Rt. 9 and Fiske Road to be resurfaced.

Ø Cemetery Road in West Chazy will be paved after the Rail Road crossing is finished.

Ø Esker Road to be paved if there is any money left after other projects.

Ø Requesting approval to use up to $73,000.00 of Hwy. Equipment Type Capital Reserve Funds to purchase a new back hoe that can also be used for work in the water and sewer districts.

RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE A NEW BACK HOE USING HIGHWAY EQUIPMENT TYPE CAPITAL RESERVE FUNDS SUBJECT TO PERMISSIVE REFERENDUM

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esolution No. 67 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

4 ayes, 1 noes. Motion carried. Ayes - Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - Councilor Marinus Rovers.

WHEREAS, the Hwy. Superintendent, requests authorization to use up to $73,000.00 of Highway Equipment Type Capital Reserve Funds to purchase a new back hoe;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Hwy. Superintendent to purchase a new back hoe for up to $73,000.00, of which would come from the Highway Equipment Type Capital Reserve Fund, subject to permissive referendum; and

FURTHER RESOLVED, that the Town Clerk advertise, in the Press-Republican a notice of adoption of resolution subject to permissive referendum, authorizing use of Highway Equipment Type Capital Reserve Funds to purchase a new back hoe not exceeding $73,000.00.

TOWN COUNCIL ITEMS

Councilor Jerry Deno questioned:

Ø The status of the Recreation Park signs.

Ø Possibility of some sidewalk repairs.

Councilor Cathy Devins requested:

Ø An update on reconstruction of Chazy Rec. Park bath rooms.

SUPERVISOR ITEMS

Supervisor Staub Spiegel reports:

Ø Receiving a letter from Chazy Orchards noting that they thought that the bill sent to them by the Town requesting payment of 50% was excessive and that they enclosed a check for only 25% of the bill. The Board requested the Attorney for the Town to follow up with a letter to require the other 25% as Tre Green had originally agreed to 50% payment.

Ø That He would like the Town Board to authorize Melissa Mc Manus to file a 50/50 grant application, with NY State, for a salt storage building at the Highway Garage.

AUTHORIZATION TO PURSUE A 50/50 GRANT WITH NYS FOR SALT STORAGE BUILDING

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esolution No. 68 - 07/09/2007

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Town would like to build a salt storage building; and

WHEREAS, the possibility of a 50/50 grant exists; and

WHEREAS, Melissa Mc Manus has expressed an interest to pursue the grant for the Town at a cost of $50 per hour;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to enter into agreement with Melissa Mc Manus to make application for a 50/50 grant from NY State for a fee of $50.00 per hour. The purpose of which is to erect a salt storage building.

Supervisor Staub Spiegel reports: Continued

Ø That the Dodge Library in West Chazy would like signage on State Rt. 22.

RESOLUTION REQUESTING THE NYS DOT TO ERECT DODGE LIBRARY SIGNS ON ROUTE 22

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esolution No. 69 - 07/09/2007

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Dodge Library, in West Chazy would like signs erected on State Rt. 22;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Supervisor to make written request to NYS DOT that signs to the Dodge Library be erected on State Rt. 22.

Supervisor Staub Spiegel reports: Continued

Ø That the Assessor’s term will be terminating as of September 30, 2007 and asks to be re-appointed.

RE-APPOINTMENT OF TOWN ASSESSOR

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esolution No. 70 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Marinus Rovers.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the current appointment for assessor of the Town of Chazy expires on September 30, 2007; and

WHEREAS, current assessor Patricia Ayer consented to another six year term,

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby re-appoint Patricia Ayer sole Town assessor, the term will run from October 1, 2007 to September 30, 2013.

Supervisor Staub Spiegel reports: Continued

Ø The need for discussion on instituting an interest rate for unpaid water and sewer bills. Subject discussed.

RESOLUTION AUTHORIZING INTEREST RATE ON UNPAID WATER AND SEWER BILLS

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esolution No. 71 - 07/09/2007

Councilor Jerry Deno made a motion to adopt the following resolution, seconded by Councilor Marinus Rovers.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Town Board requests a 5% interest charge on unpaid water and sewer bills;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize a quarterly charge of 5% interest on past due Water and Sewer District bills effective January 1, 2008.

Supervisor Staub Spiegel reports: Continued

Ø That question, is there a need for special use permit fees has been asked. A discussion ensued between Town Board members and Planning Board Chairman Thomas Dashnaw. It was decided that the Supervisor would confer more with the Codes Officer on what was needed.

Ø That a letter was received from Anna Cesar, 1320 Fiske Road, requesting a refund for sewer and water charges. Attorney for the Town, William Favreau will respond.

Ø That He would like Attorney for the Town to look into the legality of the Town to contribute an annual $250 to the City of Plattsburgh for help with their annual 4^th of July festivities. Mr. Favreau will check into it.

Ø The need for properties to be cleaned up through out the Town. There are several burned out buildings and unsightly trash or junk on various properties that should be made to clean up. A discussion ensued between the Board and Planning Board Chairman Thomas Dashnaw. It was the consensus of the Town Board to have Code Officer, Robert West, pursue more enforcement.

LOCAL LAW NO. 2 OF THE YEAR 2007/A LOCAL LAW FOR FLOOD DAMAGE PREVENTION AS AUTHORIZED BY THE NEW YORK STATE CONSTITUTION, ARTICLE IX, SECTION 2, AND ENVIRONMENTAL CONSERVATION LAW, ARTICLE 36

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esolution No. 72 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Donald Trombly.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Town Board having called a public hearing on July 9, 2007, notice of which was given by publication thereof in the official newspaper of said Town at least ten days before the hearing, and the Board having duly convened and held said hearing;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby adopt the following Local Law:

TOWN OF CHAZY

Local Law No. 2 of the Year 2007

BE IT ENACTED by the Town Board of the Town of Chazy, as follows:

A Local Law for Flood Damage Prevention as authorized by the New York

State Constitution, Article IX, Section 2, and Environmental Conservation

Law, Article 36

SECTION 1.0

STATUTORY AUTHORIZATION AND PURPOSE

1.1 FINDINGS

The Town Board of the Town of Chazy finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Chazy 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;

(3) control the alteration of natural flood plains, 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 maintain 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.

“Appeal” means a request for a review of the Local Administrator’s interpretation of any provision of this Local Law or a request for a variance.

“Area of shallow flooding” means a designated AO, 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, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this Local Law, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.”

“Base flood” means the flood having a one percent chance of being equaled 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 hydrostatis 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 A1-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 A1-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 V1-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.

“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)” 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 elevations, 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”).

“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 preliminarily 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 Building Inspector, Code Enforcement Officer, or employee of an engineering department.

“Lowest floor” means lowest floor of the lowest enclosed area (including basement of 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.

“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, the North American Vertical Datum of 1988 (NAVD 88), 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”.

“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.

One hundred year flood” or “100-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.

“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” means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“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 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 construction” 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.

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 Chazy, Clinton County.

3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

The areas of special flood hazard for the Town of Chazy, Community Number 361310, re identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers

36019C0270D 36019C0290D 36019C0295D 36019C0315D

36019C0435D 36019C0445D 36019C0455D 36019C0460D

36019C0465D 36019C0470D 36019C0480D, whose effective date

September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community’s jurisdiction.

(2) A scientific and engineering report entitled “Flood Insurance Study, Clinton County, New York, All Jurisdictions” dated September 28, 2007.

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 Town Offices, 9631 Route 9, Chazy, New York 12921.

3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS

This Local Law includes all revisions to the National Flood Insurance Program through March 20, 1997 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, ordinances, or Local Laws, the most restrictive, or that imposing the higher standards, shall govern.

3.4 SEVERABILITY

The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof.

3.5 PENALTIES 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 constitute a violation. Any person who violates this Local Law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of non-compliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Chazy 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 engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Local Law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Local Law shall not create liability on the part of the Town of Chazy, 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 Code Enforcement Officer of the Town is hereby appointed Local Administrator to administer and implement this Local Law by granting or denying floodplain development permits in accordance with its provisions.

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 protecting 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 elevations 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

All applications for a floodplain development permit shall be accompanied by an application fee of $100.00. In addition, the applicant shall be responsible for reimbursing the Town of Chazy 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 elevation; certified by a licensed professional engineer or surveyor.

(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 surveyor.

(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 architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL 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 subdivisions) that are greater than either 50 lots or 5 acres.

4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR

Duties of the Local Administrator shall include, but not be limited to the following:

4.4-1 PERMIT APPLICATION REVIEW

The Local Administrator shall conduct the following permit application review

before issuing a flood plain 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 flooding. 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 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 applicant to submit additional technical analyses 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 Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, 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 WATER COURSES

(1) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a water course, 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 water course so that the flood carrying capacity is not diminished.

4.4-4 CONSTRUCTION STAGE

(1) In Zones A1-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 substantially 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 conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this Local 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 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 inspections conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, 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 compliance;

(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 PROCEDURES; and,

(5) Notices required under sub-section 4.4-3, ALTERATION OF WATER COURSES.

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 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, electrical 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 A1-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 Chazy agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and applicant provides all necessary data, analysis and mapping and reimburses the Town of Chazy 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 Chazy 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 Chazy 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 necessary data, analyses and mapping and reimburses the Town of Chazy 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 Chazy for all costs related to the final map revisions.

5.2 STANDARDS FOR ALL STRUCTURES

5.2-1 ANCHORING

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 minimize flood damage.

(3) For enclosed areas below the lowest floor of a structure within Zones A1-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, building access or 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.

5.2-3 UTILITIES

(1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State of the Residential Code of New York State for location of such items in wet locations;

(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 flooding.

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 structures located in areas of special flood hazard as indicated.

(1) Within Zones A1-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 two feet 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 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 two feet above the depth number specified in feet on the community’s Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified).

(4) Within Zones AH and AO, adequate drainage pats are required to guide flood waters around and away from proposed structures 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 A1-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 attendant utility and sanitary facilities, shall either:

(I) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or

(ii) be floodproofed so that the structure is watertight below two feet 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.

(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 two feet above 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 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 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.

(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 A1-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), (3) and (4).

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.

(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(3) 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 grade and are securely anchored to an adequately anchored foundation system to resist floatation, collapse or lateral movement.

(4) 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).

SECTION 6.0

VARIANCE PROCEDURE

6.1 APPEALS BOARD

(1) The Zoning Board of Appeals as established by the Town of Chazy shall hear and decide appeals and requests for variances from the requirements of this Local Law.

(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this Local Law.

(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Local Law and:

(I) the danger that materials may be swept onto other lands to the injury of others;

(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 comprehensive 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 Zoning Board of Appeals 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.

6.2 CONDITIONS FOR VARIANCES

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (I-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the 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.

(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:

(i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Local Law.

SECTION 7.0

REPEAL OF LOCAL LAW NO. 2 OF THE YEAR 1987

Upon the filing of this local law, Local Law No. 2 of the year 1987 shall be deemed repealed and superseded.

LOCAL LAW NO. 3 OF THE YEAR 2007/A LOCAL LAW TO SAFEGUARD POTABLE WATER SUPPLIES FROM POTENTIAL CONTAMINATION BY PREVENTING BACK FLOW FROM A WATER USER’S SYSTEM INTO THE PUBLIC WATER SYSTEM

R

esolution No. 73 - 07/09/2007

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Marinus Rovers.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Town Board having called a public hearing on July 9, 2007, notice of which was given by publication thereof in the official newspaper of said Town at least ten days before the hearing, and the Board having duly convened and held said hearing;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby adopt the following Local Law:

TOWN OF CHAZY

Local Law No. 3 of the Year 2007

A LOCAL LAW TO SAFEGUARD POTABLE WATER

SUPPLIES FROM POTENTIAL CONTAMINATION BY PREVENTING

BACK FLOW FROM A WATER USER’S SYSTEM INTO THE PUBLIC

WATER SYSTEM.

BE IT ENACTED, by the Town Board of the Town of Chazy, in the County of Clinton as follows:

ARTICLE I. LEGISLATIVE INTENT

The purpose of this Local Law is to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system. It is the intent of this Local Law to recognize that there are varying degrees of hazard and to apply the principal that the degrees of protection should be commensurate with the degrees of hazard. Further, it is the intent of the Town of Chazy, New York, to comply with the requirements of the New York State Sanitary Code. Part 5. Section 5-1-31 which said section mandates the requirement that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are as set forth in the Cross Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent, the terms, conditions and provisions of the New York State Sanitary Code. Part 5, Section 5-1-31 and the Cross Connection Control Manual are incorporated in this Local Law by reference as if more fully stated.

ARTICLE II

Chazy Backflow Prevention Code

A.) Protect the public potable water supply of the Town of Chazy from the possibility of contamination by isolating within its customer’s internal distribution system or its customer’s private water system such contaminations of pollutants which could backflow into the public water supply system.

B.) Comply with the requirements of the New York State Sanitary Code 5-1.31.

Definitions and Word Usage

Air Gap Separation - A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one (1) inch.

Approved Check Valve - A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured water tightness. The face of the closure element and valve seat must be bronze, composition or other non-corrodible material, which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other non-corrodible, non-sticking material, machined for easy, dependable operation. The closure element (a.g. clapper) shall be internally weighted or otherwise internally equipped to promote rapid positive closure in all sizes where this feature is obtainable.

Approved Double-Check Valve Assembly - An assembly of at least two (2) independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks, plus connections, available for testing the water tightness of each check valve.

Approved Reduced-Pressure Principal Back-Flow Prevention Device - A device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the two (2) checks, two (2) shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two (2) check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.

Approved Water Supply - Any water supply approved by or under the public health supervision of a public health agency of the State of New York or the Town of Chazy. In determining what constitutes an “approved water supply,” the Department of Public Health of the State of New York (herein called the “State Health Department”) shall have the final judgment as to its safety and potability.

Auxiliary Water Supply - Any water supply on or available to the premises other than the town water supply.

Consumer - Any person to whom water is sold and furnished from the Town of Chazy.

Contamination - An impairment of the quality of the town water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.

Cross Connection - Any unprotected connection between any part of the town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

Nontoxic Substance - Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.

Person - Any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation or company and includes the United States, the State of New York, the County of Clinton, any special purpose district and any officer or agent thereof.

Premises - Intergrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Chazy and where all parts of the premises are operated under the same management and for the same purpose.

Protection Device - Any of the following devices:

1. Air gap separation

2. Approved reduced-pressure principal backflow prevention device

Approved double-check valve assembly.

Service Connection - Terminal end of a service connection from the town water supply at its point of delivery to the consumer. If a meter is installed, “service connection” means the downstream end of the meter. No protected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.

Superintendent - Superintendent of Public Works of the Town of Chazy, or his authorized representative.

Town - The Town of Chazy.

Town Water Supply - Approved water supply sold and delivered to consumers’ premises through the waterworks system of the Town of Chazy.

Toxic Substance - Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well being of the consumer.

“Shall” is mandatory: “may” is permissive.

Vacuum Breaker - Pressure Type and Non-Pressure Type - A vacuum breaker which can only be used for internal plumbing control and, therefore, not acceptable as a containment device.

Water Consumer - The term “water consumer”means the consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer’s water system free from corss connections and other sanitary defects, as required by this Local Law and all other required regulations and laws.

Certified Back Flow Prevention Device Tester - The term “certified back flow prevention device tester” is an individual who has successfully completed a New York State Department of Health approved course in the testing of back flow prevention devices and has been issued a certificate by the New York State Department of Health.

ARTICLE III

A.) Where Protection is Required - The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate of potential. To that extent, the Cross Connection Control Manual published by NYSDOH shall be used, as a guid, to determine where protection is required. It shall be the responsibility of the water user to provide and maintain such required protection devices and such devices shall be of a type acceptable to the New York State Department of Health.

B.) Type of Protection - The protective device required shall depend on the degree of hazard as tabulated below:

1) At the service connection to any premises where there is an auxillary water supply handled in a separate piping system with no known cross connection, the public water supply shall be protected by an approved reduced pressure zone device.

2) At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross connection, the public water supply shall be protected by an approved double check valve assembly.

3) At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled: but not under pressure, the public water supply shall be protected by an air gap separation of an approved reduced pressure zone back flow prevention device. If an air gap is installed, it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. A reduced pressure zone device when installed shall be located as close as possible to the property line.

4) At the service connection to any premises on which any material dangerous to health, or toxic substance and toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practical to the water meter, and any piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone back flow prevention device and it shall be located as close as possible to the property line.

5) At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonable met, the public water supply shall be protected by and approved reduced pressure zone back flow prevention device and it shall be located as close as possible to the property line.

C.) Frequency of Inspection of Protective Devices - It shall be the duty of the water user on any premises on account of which back flow protective devices are installed, to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure. Devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified back flow prevention device tester and all test results will be provided to the water user within 72 hours after the test is made. Records of such tests, repairs and overhaul shall also be kept and made available to the water user and the local health department upon request.

D.) Auxiliary Water Supply - Each service connection from the town water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the town water supply.

1) If the auxiliary water supply is handled in a separate piping system with no known cross connection, the town water supply shall be protected by an approved double check valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Superintendent may order the town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection to the premises. When the auxiliary water supply may be contaminated the Superintendent may order the town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection.

2) If the auxiliary water supply Is handled in a separate piping system and cross connections are known to exist between the town water supply and the auxiliary water supply which cannot presently be eliminated, the town water supply shall be protected by an approved reduced-pressure principal flow prevention device installed at the service connection to the premises. When the auxiliary supply may be contaminated, the Superintendent may order the town water supply protected by nan air gap separation installed at the service connection.

E.) Toxic or Hazardous Substances - Should a facility be rated hazardous, a reduced-pressure zone device would be required independent of a separate system handling the auxiliary water system. We would also require a reduced-pressure zone device if the facility were rated “nonhazardous” and the auxiliary water system did not meet the water quality requirements of the Sanitary Code.

F.) Nonhazardous Substances - At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the town water supply is handled in such a manner as to constitute a cross connection, the town water supply shall be protected by an approved double-check valve assembly.

G.) Nonhazardous to Hazardous - In the event that a facility is rated nonhazardous and on such a date becomes hazardous, notification of at least thirty (30) days shall be given to the Superintendent before the change takes place. Protection by the use of a protective device is required on hazardous substances must be installed.

H.) Sewage Treatment Plant and Pumping Stations - At the service connection to any sewage treatment plant or sewage pumping station, the town water supply shall be protected by an air gap separation. The air gap shall locate as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the town water supply shall be protected with an approved reduced-pressure principal backflow prevention device, provided that this alternative is acceptable to the Superintendent. A final decision in this matter shall be made by the State Health Department.

I.) Fire System - At the service connection to any premises in which a fire protection system is installed, the town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications.

1) Class 1.

(a) Source: Direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.

(b) Protection: Single-check valve assembly if not already installed in the system.

2) Class 2.

(a) Source: Same as Class 1 except booster pumps may be installed in the connections from the street mains.

(b) Protection: Single-check valve assembly if not already installed in the system.

3) Class 3.

(a) Source: Direct connection from public water supply main, plus one (1) or more of the following: elevated storage tanks; fire pump taking suction from aboveground covered reservoirs or tanks; and pressure tanks.

(b) Protection: Double-check valve assembly.

4) Class 4.

(a) Source: Directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises, or an auxiliary supply may be located within one thousand seven hundred (1,700) feet of the pumper connection.

(b) Protection: Air gap or reduced pressure principal backflow prevention device.

5) Class 5.

(a) Source: Directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems; or where antifreeze or other additives are used.

(b) Protection: Air gap or reduced-pressure principal backflow prevention device.

6) Class 6.

(a) Source: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.

(b) Protection: Determined by the Superintendent upon review of engineering drawings of the system.

J.) Lawn Sprinkling Systems - At the service connection to any permanently installed lawn sprinkling system, the town water supply shall be protected by an approved double-check valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the town water supply shall be protected by an approved reduced-pressure principal backflow prevention device.

ARTICLE IV. CUSTOMER RESPONSIBILITY

It shall be the responsibility of each consumer, at his own expense, to furnish, install and keep in good working order and safe condition any and all protective devices required in this chapter. The town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any consumer or any other person.

ARTICLE V. MAXIMUM PORTECTION REQUIRED WHERE CONFLICTS EXIST

Whenever two (2) or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent, affords the maximum protection to the town water supply.

ARTICLE VI. INSPECTION AND RECORDS; COSTS OF REPAIR OR REPLACEMENT

The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Superintendent on an annual basis. The Superintendent shall have the duty of determining that the inspections required herein are performed properly. If following demand therefore, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent shall have the right to inspect the device, and the consumer shall pay the cost thereof.

ARTICLE VII. DISCONTINUANCE OF SERVICE

A.) No water service connection shall be installed on the premises of any consumer unless the town water supply is protected as required by this chapter.

B.) Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this chapter has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.

C.) Discontinuance of Service.

1) Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent determines that:

(a) The town water supply is being contaminated or is in immediate danger of contamination;

(b) A protective device required by this chapter has not been installed or is defective or has been removed or bypassed; and

©) The consumer cannot immediately be located.

2) Delivery of water shall not be resumed until any protective device required by this chapter and approved by the Superintendent has been properly installed or until conditions at the consumer’s premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Superintendent.

D.) Notification.

1) Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:

(a) The conditions or defects which must be corrected;

(b) The manner in which the stated conditions or defects are to be corrected and

©) The date on or after which delivery of water will be discontinued, and which shall not be less than fifteen (15) nor more than ninety 90) days following the date of delivery or mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed ninety (90) days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.

2) The notice shall be given by delivering the same to the consumer, the manager or agent thereof or any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, than at the place of residence or the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found and service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of consumer for water service in the records of the town.

3) Once discontinued, delivery of water shall not be resumed until any protection device required by this chapter and approved by the Superintendent has been properly installed or until the conditions at the consumer’s premises creating the need for a protective device have been abated or corrected to the satisfaction of the Superintendent.

ARTICLE VIII. RIGHT OF ENTRY FOR INSPECTIONS

For the purpose of making any inspections or discharging the duties imposed by this chapter, the Superintendent shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of continued delivery to his premises of water from the town water supply shall be considered as having stated his consent to the entry upon his premises of the Superintendent for the purposes stated herein.

ARTICLE IX. PRESENTLY INSTALLED DEVICES

All presently installed prevention devices which do not meet the requirements of this chapter but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Article: Inspection & Records; Costs of Repair or Replacement, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the town’s water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance, which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter.

ARTICLE X. VIOLATIONS

A.) Violations: It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any premises in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Superintendent of Water, Sewer and Solid Waste, the Town Building Inspector or the designee of any one of them, requiring compliance with this chapter.

ARTICLE XI. PENALTIES AND RECOURSE FOR NON-COMPLIANCE

A.) No water service connection to any premises shall be installed or maintained by the water user, unless the water supply is protected as required by this Local Law and such other applicable local, state and federal laws, rules and regulations.

B.) If any facility served by a water system denies a water department person access to their premises for the purposes of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.

C.) The following penalties shall be applicable for violation of this Local Law:

1.) Failure to install the appropriate back flow prevention device within a prescribed time frame after first notice:

$500.00

2.) Failure to install the appropriate back flow prevention device within prescribed time frames after second notice:

Termination of Service

3.) Failure to at least annually test the back flow prevention device:

$500.00 and/or termination of water service

4.) Failure to replace or repair a back flow prevention device as required:

$1,000.00 and/or termination of water service.

ARTICLE XII. EFFECTIVE DATE

This Local Law shall take affect upon filing with the New York State Department of State.

ADVERTISE FOR BIDS ON TOWN SURPLUS OFFICE EQUIPMENT

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esolution No. 74 - 07/09/2007

Councilor Jerry Deno made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

WHEREAS, the Town of Chazy has surplus office equipment; to wit, old computer equipment, fax and copier;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Town Clerk to advertise, in Press-Republican, the official newspaper, a request for sealed bids on surplus office equipment: to wit, old computer equipment, fax and copier. The equipment may be seen at the Town Hall, Town of Chazy, 9631 Route 9, Chazy, NY. Bids to be opened at the next regular Town Board meeting, August 13, 2007 at 7:00 pm.

2007 BUDGET TRANSFERS

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esolution No. 75 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

RESOLVED, that the Chazy Town Board does hereby authorize the following 2007 budget transfers:

From: Amount: To:

1620.06.002.00 Gen. Eq. Type Cap. R. $8,000.00 5031.01.000.00 Interfund xfer

5031.01.000.00 Interfund xfer $8,000.00 1620.01.002.00 Equipment

1990.01.004.00 Contingent $485.00 1670.01.004.57 Newspaper

5132.01.004.67 Heat/Oil $500.00 5132.01.004.56 Repair/Supplies

PAYMENT OF CLAIMS

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esolution No. 76 - 07/09/2007

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Donald Trombly.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0.

RESOLVED, that the Chazy Town Board does hereby authorize payment of the following claims:

General Fund claims #201-235, 17177, in the amount of $24,353.91

17240-17247

Highway Fund claims #112-124, 17245 & in the amount of $16,109.42

17246

Light Districts claim #13 & 14 in the amount of $2,517.15

Sewer District claims #69-74, 1040-1042 in the amount of $2,305.36

Water District claims #54-60, 1044-1046 in the amount of $1,696.02

T & A claims #6640, 6641, 6668-6673 in the amount of $4,730.77

ADJOURNMENT

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 07/09/07 Regular Town Board meeting at 9:10 PM.

Respectfully yours,

Leo J. Oliver

Clerk of the Board