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HomeMy WebLinkAbout1985 LL 05 - Flood Damage Protection (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Wof.......Town ................... ........................ Local Law No. ....A..........--...............................of the year 19...A5�.. A local law.....MLATIN.G TO ...DAMAGE PROTECTIQU.,............................................................ .............. ...... ........... ... ....... Be it enacted by the ................TOWN BOARD of the ................ .......... .................................ii lraf .—...... ........................ITHACA Town .......................—....................................» ..............................................as follows-, SWTIMI 1a0 STATUTORY AUn1ORIW1ION AM PURPOSE 1.1 STATUX)RY AUniORIZATION The People of the State of New York have in The New York State Constitution, Article IX, Section 2, delegated the resportsibilit ty to local goverrmiental. units to adopt regulations designed to prctrote the public health, safety, and general welfare of its citizenry. Therefore, be it enacted by the Town Board of the Town of Ithaca, New York, as f-ollcws: 1.2 SmuilWr OF PURPOSE It is the purpose of the 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: (1) To protect hurian life and health; (2) To minimize expenditures of public rooney for costly flood control projects; (3) To ncinimize the need for rescue and relief efforts associated writh flooding and generally undertaken at the expense of the general additional space is needed,please attach sheets of the same size as this and number each) �.w V "r publicf (4) To minimize prolonged bus:.nes;s aterruptions: (5) To minimize damage to public facilities and -utilities such as water and gas mains, electric, telephone, and sewer lines, and street:„ and bridges located in a.-reas af. spncial flood hazard; (6) To help maintain a stable tax base by providing for the sound use and developn-ent of areas of special flood hazard so as to minimize future flood blight: areas; (7) To insure that potential .buy<,rs are notified that property is in an area of special, flood hazard, and (8) To ensure that Uiose-who occiipy the areas of special flood hazard assume responsibility for thotr actions, 1.3 MB'MODS OF REDUCIt D LOSSES In order to accomplish its purposes, phis local Law includes methods and provisions for. (l) Restricting or prohibiting uses ubich are dangerous to health, safety, and property clue to wate-r. or erosion hazards, or which result in damaging increases im erosion or in :flood heights or velocities, (2) Requiring that rases vulnerable to floods, including facilities which serve such uses, be protected against :flood damage at the time of initial constriction; (3) Controlling the alteration W natural flood plains, stream channels, and natural protective barriers, which help_ acccnanDdate or channel flood waters, (4) Controlling filling, grading, dredging, and ether development which may increase flood damage; and, . (5) Preventing or regulating the construction of :flood barriers which will un-naturally divert flood in, or which may increase Herod hazards in other areas. SEC WN 2.0 tDEFUSTITIONS Unless specifically defined below, words or phrases used ux this Local Taw shall be interpreted so as to give them the meaning they have in C.UM T usage and to give this local yaw its most reasonable application, "Appeal" means a request for a review of the .Building inspectors interpretation of any provision of this law or a request for a variance. "Area of shallow flooding" a- (optional, if applicable) means a designated 730 Zone on the Flood Insurance Rate Hap '(FIMI)a The base :flood depths range from one to three :feet, a clearly defined channel does not exist, the pater of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of special flood hazard" means Lhe land in the flood plain within a ccununity subject to a one percr-,nt or greater chane of .flooding in any given. year. Mage la "Base flood" means the flood having a one percent chance of ming equalled or exceeded in any given year. "Development" means any man-=jade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, 'filling, grading, paving, excavation or drilling operations within the area of special flood hazard. "Existing mobile home park or mobile home subdivision means a parcel. (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimums, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Local Law. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final. site grading or pouring of concrete posts or the construction of streets). "Flood" or "flooding" means a general and -temporary condition of partial or complete inundation of normally dry land areas fran: (1) The overflow of .inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from . any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "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 one foot. "Lowest floor" means lowest level including basement, crawlspace, or garage of lowest enclosed area. "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the .required utilties. It does not include recreational vehicles or travel trailers, "I3ew construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "tdew mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the effective date of this Local Law. "Start of construction" means the first placement of permanent construction of a structure (other than, a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; Page lb nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as d�elling units or not as part of the min structure. For a structure (other than a mobile home) without a basement or poured footings, the 'start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile hcrie to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building, a mobile hare, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvemmt of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started, 6r (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living-conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this Local law. SEICTION 3.0 GENERAL PROVISIONS 3.1 LANDS '10 WHICH THIS LOCAL LAW APPLIES This Local Law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Ithaca. 3.2 BASIS FOR ESTABLISHING THE AREAS Or SPECIAL FLOOD 111AZARD The areas of special flood hazard identified by the Federal insurance Adninistration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Ithaca, of Tompkins County, New York", dated June, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway maps and any, revision thereto is hereby adopted by reference and declared to be a part of this Local law. The Flood.Insurance Study is on file in the office of the Tom Clerk. Page 1c, +i a1�D +ny 3.3 INTERPREPATION, CONFLICT WITH O'I`[JER LAWS In their interpretation and application, the provisions of this local law shall be held to be mi.nimiun requirements, adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 VALIDITY The invalidity of any section or provision of the local law shall not . invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this local law and other applicable regulations. Violation of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this local law or fails to comply with any of its requirements shall,, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 30 days or both for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Building Inspector from taking such other lawful action as necessary to prevent or remedy a violation. 3.5 WARNING AND DISC LAMER 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 dmiages. This local law shall not create liability on the part of the Town of Ithaca, any officer or employee therof or the Federal Insurance Administration, 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 ESTABLISHIIE'NT OF DE."VFLOPKM PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Building Inspector and my include, but not be limited to; plans in duplicate drawn to scale 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 DESICI"TION OF THE LOCAL ADMINISTRATOR A. The Building Inspector is hereby appointed to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. B. The Building Inspector may include such conditions as he may reasonably require to carry out the purposes of this law and, further in consideration of the technical evaluations, all relevant factors and Page Id standards specified in other sections of this law including, but not limited to, those set forth in Section 4.4-1 (4), below, 4.2-1 PERMIT. APPLICATIONSU ADDITIONAL REQUIREMMUS. l. `Phe application .for the permi t :must be made by the Owner(s) of the property or by a person duly authorized by the Owner(s) on forms prepared by the Administrator. 2. Any permit issued may require that work shall be begun on a date which shall be no more than three months after its issue. The estimated date of completion of the %ork shall appear on the permit. The Building Inspector may grant extensions of time as he may reasonably determine, taking into account the factors and standards set forth elsewhere in this law and he may require additional conditions taking into account: such factors and standards and any changes in the physical facts, or in any applicable law, code or regulations, and the extent of the progress of such work at the time of application. Such application for extension shall be made on forms prepared by the Administrator. 3. It shall be the responsibility of the person to whom a permit is issued to insure that all work and construction has been done in compliance with the requirements of this law. The owner shall sign and acknowledge a certificate that the work has leen performed and completed in accordance with all provisions of this law and the conditions of a permit. The Administrator may also require that such a certificate be signed by a competent person who has supervised or examined the work. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the Building Inspector shall include, but not be limited to: 4.3-1 PERMIT REVI34 (1) Review all development permits to determine that the permit requirements of this Local Law have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is .required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3(1) are meta 4.3-2 USE OF OTHER. BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Inspector shall obtain, review, and reasonably utilize any base flood elevation date available from a Federal, State or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDAMS, Nonresidential Construction. 4.3-3 R4p'0RMATI0N 70 BE OBTAIN AND MAINTAINED (1) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement or oellar) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structuress Page le r, (i) Verify and record the actual elevation (in relation to mean sea level); and Qii) maintain the floodproofing certifications required in Section 5.2-3(3). (3) Maintain for public inspection all records pertaining to the provisions of this local law,, 4.3-4 ALTERATION OF MT'ERCOURSES (1) Notify adjacent comities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such :notification to the Federal Insurance administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATIM OF FIRM BOUNDARIES Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where them appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 VARIANCE PROCEDURE 4.4-1 APPEAL BOARD (1) The Zoning Board of Appeals as established by the Town 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 requirements, decisions or determination made by the Building Inspector in the enforcement or administration of this locallaw. (3) Those aggrieved by the decision of the Board of Appeals or any taxpayer owning property in the Town of Ithaca who may have a significant interest in the decision and the proceedings on which it was based, may appeal such decision to the Supreme Court as provided in The New York State Constitution, .Article STI, Section 2 and by the laws of the State of New York. (4) In passing upon such applications, the said Board 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 dander of life and property due to flooding or erosion damage. (iii) The susceptibility of the proposed facility and 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 camunity. (v) The necessity to the facility of a waterfront location Page if 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 flood plain management program of that area. (ix) The safety of access to the property in times of flood: for ordinary and emergency vehicles. (x) 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 (xi) The costs of providing governmental services during and after flood conditions, including maintenances 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 4,4-1(4) and the purposes of this local law, the 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 Board of Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request. 4.4-2 CONDITION FOR.VARIANCES (1) Cenerally, variances may be .issued for new instruction 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-xi) in Section 4.4-1(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 reconstruction, rehabilitation or restoration of structures listed on the National Register of Historical Places or the State Inventory of Historical Places, without regard to the procedures set forth in the .remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that -the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (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; Page Ig 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 as identified in Section 4.4-1(4), or conflict with existing local laws or ordinances. j Any applicant to whcm a variance is granted shall be given written n ice tWat the structure will be permitted to be built with a lowest floor e at cmibelcw the base flood elevation and that the cost of flood insurance w.'_1 be -,;commensurate with the increased risk resulting from lowest floor ele aticn� SECTION 5.0 Provisions of Flood Hazard Reduction 5.1 STANDARDS in all: meas of special flood hazards the following standards are required: 5,11 MCHORING 11` ) ;All new construction and substantial improvements shall be anchored 'to prevent flotation, collapse, or lateral movement of the .structure. 12) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the--top and frame ties to ground anchors. Special requirements shall be that: (i.) Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate ;Locations, with mobile homes less than 50 feet long requiring one additional tie per side. (ii) Frame ties be provided at each corner of the hcm with f ive additional ties per side at intermediate paints, with mobile homes less than 50 feet long requiring four additional ties per side. (iii) All components of the anchoring system be capable of carrying a force of 4,000 pounds; and (iv) Any additions to the mobile home be similarly anchored. 5.1-2 MNSI'RUCTION 11VUERIAIS AND METHODS (11 All new construction and substantial improvements shall be , constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that .minimize flood damage. 5.1-3 UTILITIES (1) All new and replacement water supply systems shall be desigr*d to minimize or eliminate .infiltration of flood waters into the system. Page lh (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the system into flood waters; and (3) On-site disposal systems shall be located to avoid impairment, to them or contamination from them during flooding. 5,1-4 SUBDIVISION PROPOSALS -(I) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage, (3) A-11 subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.2 SPECIFIC STANDARDS in all areas of special flood hazards where base flood elevations data have been provided as set forth in Section 3.2, BASIS FM ESTABLISHING THE AREAS OF SPECIAL now HAzARD or in section 4.3-2, Use of Other Base Flood Data, the following standards are required. 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement or cellar, elevated to or above base flood elevation. 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial impromment of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement or cellar, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall; (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially irq3era-eable to the passage of water. (2) Have structural oorqponents capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.2. 5.2-3 MOBILE HWES (1) Mbile homes shall be anchored in accordance with Section 5.1-1(2). (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile hone parks and mobile home subdivisions where the repair, reconstruction and improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile hexes Page li r W. 'b not placed in a mobile home park or mobile home subdivision, require that; (ip Stands or lots are elevated on compacted fill or on pilings so that the lowest flood of the mobile home will be. at or above the base flood level. (i3) Adequate surface drainage and access for a hauler are provided. and, (iii) In the instance of elevation on pilings, that. Lots are large enough to _permit steps. - Filing foundations are placed in stable soil no more than ten feet apart, and -- Reinforcement is provided for pilings nose than six feet above the ground level., (3) No mobile home shall be placed in a flood-jay, except in an existing mobile home park or an existing mobile how subdivision. 5.3 FLCJaD4WS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. (l) Prohibited encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Prohibit the placement of any mobile home, except in an existing mobile home park or existing mobile home subdivision. (3) In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effects of any proposed develcpnent, when combined with all other existing and anticipated develcpment, shall not increase the water surface elevation of the base flood more than one foot at any point. 6. This Local. Law repeals :Local Law No. 3, 1976, adopted on or about August 23, 1976, relating to Special flood Damage Districts (being incorporated as Article %V of the Zoning ordinance of the Tom of Ithaca), and any other provisions heretofore adopted governing the regulations and procedures for the management of areas to control and reduce flood damage. 7. This Law shall take effect immediately on adoption. Page lj (Complete the certification in tile paragraphwhich applies to the Mitig,of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated aslocal law No. —A......--a 19Ax.. of the of,,,,.,......Ithac.a.............was duly passed by the-..........Tlovp...Board............. Town (No.me of.Leg.is.I.ative Body) on....... in accordance with the applicable provisions of law, 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No....................of 19........_ County of the City of......................................was duly passed by the........................................ . Town (Nam.of ....... Village not disapproved on........................ -19--- and was approved by the ................................... .......... repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted ........—.......-19-...... . in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County of the City of......................................was was duly passed by the-..............,...---................... ...........—........ Town (Name of Legislative Body) Village not disapproved on ..................... ........ and was approved by the....................I............--...... ........ repassed after disapproval Elective Chief�xccuzivc Officer* on................... IR........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the clualified electors votinp, permissive general thereon at the special election held on- ........... 19--- , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ... of M....... County of the City of.............. was duly passed by the............. on Town (lame of Legislative$adyl Village not disapproved ............ ........19_...... and was approved by the.........................................................on lective Chief executive Officer repassed after disapproval E * .......•.......... ............A9......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ............. ......... 19........8 in accordance with tile applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis nr,if thcr-, be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, ./here such officer is vested with power to approve or veto local laws or ordinances. Page 2 y. (Cite local law concerning Charter retia°ton proposed by petition.) I hcrebycertif} tear thw lo: _! I m .:moxcd hereto,design a ted as local law No.....................of 19.,_..... of the City of............ .......... ..,....h,at inn been submitted to referendum pursuant to the provisions of § 37 of rine !,iunic:ipal t"-we llulef,aw,aud ?;aving received the affirmative vote of a majority of the qualified elector; of such cit} voting thereon at the specialgeneral electron held on.................................. ................19............became operative. ., 6, (County local law concerning adoption of Charter.) I hereby certify that the local late annexed hereto,designated as Local Law No.......of 19......0f the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November........... 19..........,pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (if any other authorized form of final adoption has been followed, please provide an 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 indicated in paragraph............................ above, .rz �mm r Q2- Townt-ZIMClerk Date: February 12, 1985 t (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORE COUNTY OF..,...Tompkirts.... 1, 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. signatun James il. Buyoucos Town At torneY .,........, Title Date: February 12, 1985oEIthaca ................................................................ Town Page 3