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2022_09_21 Town Board Meeting Packet
Town of Mamaroneck Town Board Agenda Wednesday, September 21, 2022 Page 5:00 PM The Town Board Work Session The Work Session will convene in Conference Room C located on the Ground Floor at the Town Center. Call to Order WORK SESSION ITEMS 1. Discussion - Appointment of New Civil Officers 4 Appointment of New Civil Officers - Pdf 2. Discussion - Waiving the Town of Mamaroneck's Marriage License Fee for 5 Active Duty Members Waiving the Marriage License Fee for Active Duty Members 3. Review - Declaration and Sale of Surplus Equipment 6-7 Declaration and Sale of Surplus Equipment 4. Discussion - Distance for Mailing Notices of Land Use Applications 8 - 11 09 Sep 2022 - Distance for Mailing Notices of Land Use Applications 5. Discussion - Model Code for Flood Damage Prevention 12 - 51 16 Sep 2022 - Model Code for Flood Damage Prevention - Pdf 6. Discussion - Building Department Proposed Fee Schedule 52 - 56 16 Sep 2022 - Building Department Fees - Pdf 7. Discussion - 2022 Capital Budget Amendment 57 - 60 14 Sep 2022 - 2022 Capital Budget Amendment - Pdf 8. Discussion - 2022 Operating Budget Amendments 61 - 62 14 Sep 2022 - 2022 Operating Budget Amendments - Pdf 9. Discussion - Donation of Lockers and Related Improvements to Locker Room 63 - 64 at Hommocks Park Ice Rink - - Pdf 10. Discussion - Comprehensive Plan Update Updates Request for Executive Session 1. Entering Executive Session 8:00 PM Town Board Regular Meeting Page 1 of 185 The Town Board meeting will convene in the Courtroom Located on the second floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Call to Order Supervisor's Report Public Hearing(s) 1. Filming and Videotaping Law Public Hearing - Filming 2. Update in the Regulation of Wireless Telecommunications Facilities Wireless Telecommunications Resident Comments Staff Comments/ Presentations 1. Chief Creazzo Board of Fire Commissioners 1. Call to Order 2. Fire Claims 21 Sep 2022 - Fire Claims - Pdf 3. Other Fire Department Business Affairs of the Town of Mamaroneck 1. Appoint - New Civil Officers Appointment of New Civil Officers - Pdf 2. Authorization - Waiving the Town of Mamaroneck's Marriage License Fee for Active Duty Members Waiving the Marriage License Fee for Active Duty Members 3. Authorization - Declaration and Sale of Surplus Equipment Declaration and Sale of Surplus Equipment 4. Set Public - Distance for Mailing Notices of Land Use Applications 09 Sep 2022 - Distance for Mailing Notices of Land Use Applications 5. Set Public Hearing - Model Code for Flood Damage Prevention 16 Sep 2022 - Model Code for Flood Damage Prevention - Pdf 6. Authorization - Building Department Proposed Fee Schedule 16 Sep 2022 - Building Department Fees - Pdf 7. Authorization - OpenGov Software Agreement Discussion - OpenGov Software Agreement - Pdf OpenGov - Software Services Agreement 8. Authorization - 2022 Capital Budget Amendment 14 Sep 2022 - 2022 Capital Budget Amendment - Pdf 9. Authorization - 2022 Operating Budget Amendments 14 Sep 2022 - 2022 Operating Budget Amendments - Pdf 65-71 72-91 W 93 94 95 - 96 97 - 100 101 - 140 141 - 145 146 - 177 178 - 181 182 - 183 Page 2 of 185 10. Authorization - Donation of Lockers and Related Improvements to Locker 184 - 185 Room at Hommocks Park Ice Rink - - Pdf Reports of Minutes Report of Minutes from the September 7, 2022, Town Board Meeting. 2. Report of Minutes from the September 8, 2022, Town Board Meeting Reports of the Council Town Clerk's Report Town Attorney's Report Adjournment Next Regularly Scheduled Meeting - October 3, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Appointment of New Civil Officers Date: September 16, 2022 Action Requested: Due to the passing of one of our long time civil officers, the Town is in need of additional civil officers to carry out this service. Attached is a resolution appointing two civil officers for your consideration. RESOLVED, that Tom Poretto is hereby appointed as Civil Officer of the Town of Mamaroneck to serve the remaining term of office of 2022, effective September 21, 2022 and terminating on December 31, 2022; BE IT FURTHER RESOLVED, that George Mgrditchian is hereby appointed as Civil Officer of the Town of Mamaroneck to serve remaining term of office of 2022, effective September 21, 2022 and terminating on December 31, 2022. Page 4 of 185 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org TO: Town Board and Supervisor FROM: Meredith S. Robson, Town Administrator DATE: September 16, 2022 SUBJECT: Waiving the Town's Marriage License Fee for Active Duty Members As requested by Town Clerk Alli May, we are hereby requesting the following action by the Town Board: WHEREAS, on August 20, 2019, the Governor passed a law waiving the State Fee on Marriage Licenses for active duty members of the Armed Forces, and WHEREAS, Domestic Relations Law Section 15, Subdivision 4 states that the Town may elect to waive the portion of the fee to which the Town is entitled, and WHEREAS, the Town of Mamaroneck desires to waive the portion of the marriage license fee, to which the Town is entitled, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby waives the portion of the marriage license fee, to which the Town is entitled, for active duty members of the Armed Forces of the United States. Page 5 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Review - Declaration and Sale of Surplus Equipment Date: September 16, 2022 Action Requested: Attached please find a list of equipment from Tracy Yogman regarding the designation and sale of surplus equipment. We are requesting the following action by the Board: Resolved, that the Town Board hereby approves the designation of these items as surplus and authorizes their sale or disposal. Attachments: 2022 Vehicle Sumlus Page 6 of 185 Surplus list 2022 Fleet 812008 Dodge Caravan 2D84W44H78R752695 47,000 Miles Fleet 116 1999 Mack RD688S 1M2P296C7X2042419 82,000 Miles Fleet 179 2007 Cam Split Deck Trailer 5J9BU19267PO16766 13,800 LBS Fleet 193 1998 Zamboni Serial # 6082 5080hrs Fleet 199 1985 Mack MR685P 1M2K125C2FM008652 48,000 Miles Fleet 38 2012 Chevy Tahoe 1GNSK2EOXCR299592 43,000 Miles Fleet 76 2001 Chevy 3500 Bus 10 Pass 1GBJ31R411125792 58,000 miles Fleet 36 2011 Ford Crown Vic 2FABP7BV1BX158086 58,000 Miles Fleet 213 1997 John Deere Model 935 riding mower MOF935X186968 4200HRS Fleet 7 Total and pickup by Insurance Company Page 7 of 185 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org TO: Town Board and Supervisor FROM: Meredith S. Robson, Town Administrator DATE: September 16, 2022 SUBJECT: Distance for Mailing Notices of Land Use Applications Attached please find memos from Richard Polcari and Bill Maker and a draft local law regarding the mailing notices for land use applications. Based on the attached information from Rich and Bill, we are requesting that the following resolution be approved. Resolved, that the Town Board hereby sets the public hearing for October 21, 2022 for the local law entitled "Contraction of the Mailing Area for Notification in Land Use Applications" and further requests that the draft local law be sent to the Planning Board for review and comment. Page 8 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org Date: September 9, 2022 To: Town Board and Supervisor From: Richard Polcari, Building Inspector CC: Meredith S. RobsonTown Administrator CC: William Maker Jr.Town Attorney Subject: Distance for Mailing Notices for Land Use Applications General: At the Zoning Board meeting on May 25, 2022, the board discussed the mailing area that is required by the Code of the Town of Mamaroneck for R-15, R-20, R-30 or R-50 Zoning Districts. The current requirement is 1500 liner feet from the subject property. This can cause some properties in town to have to mail notices to 300 or more properties. There are no towns or villages in the area that have a requirement of more then a 500 foot radius. -Village of Mamaroneck — 400' -Village of Larchmont — 500' for a use variance 250' for an area variance -City of Rye — 300' -Village of Rye Brook — 250' -Village of Scarsdale — 200' The current mailing area for any other district in the town is 300'. The Zoning Board would like to see the 1500' requirement reduced to 300'. Page 9 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ATTORNEY To: From: CC: Re: Date: Action Requested: TEL: (914) 381-7815 FAX: (914) 381-7809 wmaker r@townofmamaroneckNY.org Supervisor and Town Board William Maker Jr., Town Attorney Meredith S. Robson, Town Administrator Richard Polcari, Building Inspector Distance for Mailing Notices for Land Use Applications September 9, 2022 I attach a proposed local law that if adopted, will make the range for mailing notice of land use applications a uniform 300 feet. This proposal was triggered by a discussion at a Board of Appeals meeting when that Board realized that under certain circumstances, the current range for mailing notice of 1,500 feet in the R-15, the R-20, the R-30 and the R-50 districts can result in over 300 mailings. The Building Inspector researched the notification distances in nearby communities and prepared the attached memorandum of his findings. His research revealed that the range for mailings varied from 200 feet to 500 feet for use variances in Larchmont. He and the Board of Appeals would like to see the notification by mail range become a uniform 300 feet. That is the distance for notification by mail in all the other zoning districts. Although not required, since the Board of Appeals and the Building Inspector have expressed an opinion on this topic, may I suggest that if this Board is inclined to modify the mailing requirement, it forward the proposed local law to the Planning Board with a request that it opine. Page 10 of 185 Local Law No. - 2022 This local law shall be known as the "Contraction of the Mailing Area for Notification in Land Use Applications" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: In 2013, the Town Board passed Local Law No. 7 of 2013. That law divided the range for notification of land use applications into two components: a 300-foot range for properties in zoning districts other than the R-15, the R-20, the R-30 and the R-50 districts and a 1,500-foot range in the R-15, the R-20, the R-30 and the R-50 districts. This latter range has resulted in applicants, at times, having to mail notices to 300 or more properties. This number of notices is excessive. This law makes 330 feet the range of notification for all land use applications. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 144-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: MAILING AREA 300 linear feet from each of the lot lines and corners of the subject property. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. September 9, 2022 Page 11 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Model Code for Flood Damage Prevention Date: September 16, 2022 Action Requested: Attached please find a memo from Richard Polcari regarding the DEC revised Flood Insurance Rate Maps (FIRM) and a Letter of Map Revision (LOMR). After a review of the Town's local law, he found it to be outdated. Resolved that the Town Board hereby accepts the model code and sets a public hearing for October 3, 2022. Page 12 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org Date: September 16, 2022 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Model Code for Flood Damage Prevention General: The Town received an email for the DEC indicating that the revised the Flood Insurance Rate Maps (FIRM) and issued a Letter of Map Revision (LOMR). That triggered a review the Towns Local Law 98 of 2007 and found that the local law was outdated and recommended the adoption of the model local law. After reviewing the model law provided by the DEC it is my recommendation that the board accepts the model code. This would need to go to a public hearing prior to being adopted. Attachment/s: Memo S1yle_Redacted MamaroneckT 360917 ModelLocalLaw Flood Blain directions MamaroneckT_360917_ModelLocalLaw Flood plain_ Page 13 of 185 Margaret Delohery To: Polcari, Richard Subject: RE: Mamaroneck (T) 360917 Letter of Map Revision (LOMR) 22-02-0217P From: Sawyer, Bailey A (DEC) r Sent: Tuesday, June 28, 2022 9:38 AM To: Eney, Jaine Elkind Supervisor@TownofMamaroneckNY.orj>; Town Clerk rTownClerk@TownofMamaroneckNY.org>; BuildingDept<BuildingDept@TownofMamaroneckNY.org> Cc: Higgins -Roche, Kelli A (DEC) Gonfa, Berhanu Wenskoski, Brad (DEC) > Subject: Mamaroneck (T) 360917 Letter of Map Revision (LOMR) 22-02-0217P Dear Supervisor Eney: In accordance with the referenced Letter of Map Revision (LOMR), the Flood Insurance Rate Maps (FIRM) for map panel number 36119C0342F, effective September 28, 2007, has been revised. This is a physical change to the municipality's Flood Insurance Rate Map (FIRM). It increases the Base Flood Elevation (BFE) and results in zone changes from Zone VE to Zone A❑ (this changes BFE to depths in Zone AO locations), Zone VE to Zone X (shaded), and Zone AE to Zone X (shaded) for the Long Island Sound. The town is required to adopt the LOMR to maintain National Flood Insurance Program (NFIP) participation. After review of the local floodplain management regulations adopted by your community in Flood Damage Prevention Local Law #8 of 2007 and given the recent changes to the New York Building Codes, we strongly recommend replacement of existing floodpliain management regulations by repealing your existing local law and enacting the attached new model local law. The model has been updated to include state program changes made since the adoption of your existing regulations. Please complete the model local law per the instructions. Note that Section 3.2 has already been completed to correctly reference the revised FIRM panels. However, please be sure to verify the location where the Flood Insurance Study and map panels are kept on file for public access is up to date. The model local law reflects minimum NFIP regulatory standards. We have also provided optional additional language that your community may wish, to adopt to increase resistance to flood damages. Furthermore, these additional provisions can potentially earn points in FEMA's Community Rating System (CRS) program, which provides discounts to all flood insurance policy holders in communities that go above and beyond the minimum NFIP requirements for floodplaiin management. For more information on how to apply for the CRS, contact our office. Before adopting the law, please provide a draft copy for our review. To allow for a complete review, provide a draft copy to this office no later than ninety (90) days prior to the effective date of the LOMR. The local law needs to be adopted by the community thirty (30) days prior to the effective date of the LOMR to avoid suspension eligibility, and by the effective date to avoid suspension. To summarize, the key dates in the map adoption process are as follows: Date the LOMR was issued: June 1, 2022 180 days prior to effective date Page 14 of 185 Deadline for Draft Local Law 90 days prior to September 2 2022 Submitted to DEC for Review: effective date Deadline for the Local Law to be adopted by the 30 days prior to November 12022 , Community to prevent effective date suspension eligibility: Deadline for Local Law be adopted by community and December 1, 2022 Effective date of approved by DEC & FEMA to LOMR avoid suspension: FEMA Suspension Date if Local Law is not adopted by December 2, 2022 Suspension date community and approved by DEC & FEMA: If you have any questions about the amendment process, or wish to discuss floodplain management in general, feel free to contact me directly. Sincerely, Bailey Sawyer (shelher) Environmental Program Specialist, Floodplain Management Bureau of Flood Protection and Dam Safety Division of Water New York State Department of Environmental Conservation 625 Broadway, Albany, NY 12233 wew Department of _ YD11 5TATE Environmental `a Conservation +qw Page 15 of 185 July, 2021 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION LOCAL LAW FOR FLOOD DAMAGE PREVENTION INSTRUCTIONS The attached MODEL LOCAL LAW is designed to comply with the floodplain management require- ments of the National Flood Insurance Program contained in 44 CFR 60.3 (b, c, & d). The Department of Environmental Conservation (DEC) has included several optional administrative provisions in the MODEL LOCAL LAW which are strongly recommended for proper administration. Any changes made to this MODEL should be reviewed by the community's attorney and either the DEC or the Federal Emergency Management Agency (FEMA) before enacting. DEC and FEMA must be pro- vided a list of any changes to this model at the time of filing. Department of State Filing Forms - insert all required information. Blank Local Law Filing Forms, including instructions and an online interactive version, can be found at ho2s://www.dos.ny.gov/lg. The following sections must be completed by the community: Page 1, Sect. 1.1 - Insert legislative body and the name of the community twice. Sect. 3.2 — If you are enacting this Local Law to comply with FEMA requirements associated with new community or county Flood Insurance Rate Maps, the Department of Environmental Conservation will include in this package a replacement Page 7 with the mapping information filled out. Simply insert the name of the community in Section 3.1 and insert the location where the Flood Insurance Study and/or maps are on file. Otherwise, follow the instructions for Page 7, below. Sect. 3.1 - Insert the name of the community. Sect. 3.2 - Complete (1) through (5) as necessary, according to the documents your community has been furnished by the Federal Emergency Management Agency (FEMA). Cross out or delete any unused sub- sections. Documents you may have received are: (a) Flood Insurance Study report --a brown or buff colored booklet, which contains technical data on flooding in the community; (b) Flood Insurance Rate Map (FIRM) --a map in either an 11"x17" flat or a Z-fold (road map style) format. If the map consists of more than one panel, an index panel is usually included. The FIRM shows locations of areas of special flood hazard in the community; and, (c) Flood Boundary and Floodway Map (FBFM)--a Z-folded sheet that shows the location of floodways in the community. If your community received only a single FIRM map, fill in (1). The community number, a six digit number whose first two digits are 36, is required and is found in the lower right corner of the FIRM. The community number may also have a letter suffix, which should also be included. Also include the "effective date" shown on the map. If you received a FIRM map with more than one panel, fill in (2). Be sure to show the community num- ber and the panel numbers (e.g., 361540 0001-0025) and the letter suffix, if one is shown. Also include the "effective date" shown on the index panel. If you received a Flood Insurance Study report, fill in (3) with the community name, name of your county(s) as shown on the report and date. Page 16 of 185 If you received a single FBFM, fill in (4). If your community received a FBFM with multiple panels, fill in (5) with data from the index sheet If you are unsure what documents were sent to you, contact the DEC Regional Coordinator for your county or the DEC Central Office (listed on page iv). Sect. 3.2 — Insert the local location where the Flood Insurance Study and maps are on file. (e.g. Town/Village Offices, Clerk's office) Sect. 3.5 — Insert the name of the community. Sect. 3.6 — Insert the name of the community. Sect. 4.1 - Insert the title or office of the individual or group responsible for administering the local law, such as the Building Inspector, Code Enforcement Officer or Planning Board. May not be the same as Sect. 6.1(1). Sect. 4.2-2 - Insert fee amount (if so desired) and community name. Sect. 5.1-2 — Insert the name of the community Sect. 5.1-3 - Insert the name of the community in the six blanks. Sect. 6.1(1) - Insert the name of the appeals board (in many instances the Zoning Board of Appeals serves this role). It may be necessary to create a 3-5 person board to fulfill these duties. In accordance with Town/Village/City Law, for floodplain management provisions integrated into zoning regula- tions, the appeals board may neither be the Town/Village/City Board, nor have any common members, nor be the same body as named in Sect. 4.1. Sect. 6.1(2) - Insert the name of the appeals board. Sect. 6.1(3) - Same as 6.1(2). Sect. 6.1(4) - Same as 6.1(2). Sect. 6.1(5) - Same as 6.1(2). Page Following Section 6.0: Insert date of enactment, the names of the governing body, community and county, and the date on which the law becomes effective. Attachment "A" (4 pages) to this document provides a recommended "Floodplain Development Permit Application" form. This form or its equivalent must be used in conjunction with Section 4.2 of this model local law. Attachment "B" (I page) to this document provides a recommended "Certificate of Compliance for Development in a Special Flood Hazard Area." This form or its equivalent should be used in conjunc- tion with Section 4.4-7 of this model local law. Please contact one of the DEC Central Office Program Coordinators listed on page iv should you have any questions about filling in the blanks or if you find any errors or omissions to these instruc- tions, content, or attachments. Optional Language is provided should your community wish to enact additional requirements to in- crease the level of safety. Note that many of these options result in points that can result in discounts on flood insurance premiums within communities that participate in FEMA's Community Rating System. Contact DEC for information about the Community Rating System. 2 Page 17 of 185 NOTE: This document must be adopted in a manner that is legally enforceable. File the indicated number of certified copies with each of the offices listed below. Follow all instructions and use the official filing form. 1. SECRETARY OF STATE (1 copy) State Records and Law Bureau Department of State One Commerce Plaza Albany, New York 12231 2. DEC CENTRAL OFFICE (1 copy)* NYS Department of Environmental Conservation Floodplain Management Section Attn: Brad Wenskoski 625 Broadway, 4t' Floor Albany, NY 12233-3504 (518) 402-8185 *Please submit one copy of the "Local Law Acknowledgement" to the DEC Central Office upon receipt from the Department of State. However, to expedite approval of your Local Law, please send a copy of the Local Law to the DEC Central Office immediately upon passage, prior to receipt of the "Local Law Acknowledgement." If your community is applying for participation in the NFIP, also include the Enabling Resolution and the NFIP Application. Page 18 of 185 New York State Department of Environmental Conservation Bureau of FloodProtectibnandDam Safety 625 Broadway, 41h Floor, Albany, NY12233-3504 (518) 402-8185 Floodplain Management Coordinators Central Office Floodplain Management Coordinators: Main Number, 518-402-8185 kelli Higgins -Roche, PE, CFM: 518-408-0340 NYS NFIP Coordinator kelli.higgins- roche@dec. ny.gov Vacant Lead for Regions 1— 4 518-402-8185 Brad Wenskoski, CFM: Lead for Regions 5 — 6 518-402-8280 Env Program Spec. 1 brad.wensko- ski@dec.ny.gov Mary Martin: Lead for Outreach & CTP 518-408-5511 Env Program Spec. 1 mary.mar- tin@dec.nv.gov Geoff Golick: Lead for Engineering 518-402-7350 Assistant Env Engineer geoffreV.gol- ick@dec.nV.gov Bailey Sawyer: Floodplain Coordinator 518-402-9148 Env Program Spec. 1 bailey.saw- yer@dec. ny.gov Western NY Flood Hub Floodplain Management Coordinators, Assisting with Regions 6-9 Karis Manning, PE: 585-226-5445 Chief, Western Flood Hub karis.man- ning@dec.ny.gov Brienna Wirley, CFM: Lead for Regions 7 — 9 585-226-5465 Env Program Spec. 1 bri- enna.wirlev@dec.nv.gov John Russell: Regions 7-9 585-226-5327 Assistant Env Engineer john.rus- se112@dec.nV.gov Regional Floodplain Management Coordinators Region Counties Regional Office Address Floodplain Management Co- ordinator 1 Nassau & Suffolk NYS DEC Region 1 Eric Star (631) 444-0423 SUNY @ Stony Brook Ryan Porciello (631) 444-0425 50 Circle Road eric.star@dec.nv.gov Stony Brook, NY 11790 rvan.Porciello(cDdec.nv.Rov NYS DEC Region 2 Jean Occidental 2 Bronx, Kings, New York, Queens & Richmond 1 Hunters Point Plaza (718) 482-4935 4740 21st Street 1ean.occidental@dec.ny.g2v Long Island City, NY 11101 NYS DEC Region 3 Berhanu Gonfa, PE 3 South Westchester, Rockland 100 Hillside Ave. (914) 428-2505 White Plains, NY 10603 berhanu.F_onfaPdec.nv.Ljov 3 North Dutchess, Orange, Putnam, Sullivan, & Ulster NYS DEC Region 3 Contact: 21 S. Putt Corners Rd. Vacant New Paltz, NY 12561 Contact Central Office 4 Albany, Columbia, Delaware, Greene, Montgom- NYS DEC Region 4 Contact: ery, Otsego, Rensselaer, Schenectady & Schoharie 1130 North Westcott Road, David Sherman Schenectady, NY 12306 (518) 357-2379 david.sherman@dec.ny.gov NYS DEC Region 5 Contact: 5 South Jefferson, Fulton, Hamilton, Saratoga, Warren & 232 Hudson St. Brad Wenskoski, CFM (Central Office) Washington Warrensburg, NY 12885 NYS DEC Region 5 Mary Binder, CFM 5 North Clinton, Franklin, & Essex 232 Hudson St. (315) 705-3038 Warrensburg, NY 12885 mary.binder@dec.nv.gov NYS DEC Region 6 Dan Hayes 6 South Herkimer and Oneida 207 Genesee Street (315) 793-2358 Utica, NY 13501 daniel.haves@dec.ny.gov NYS DEC Region 6 Mary Binder, CFM 6 North Lewis, Oneida, St. Lawrence 317 Washington Street (315) 705-3038 Watertown, NY 13601 mary.binder@dec.ny.gov El Page 19 of 185 Broome and Tioga: Ben lead NYS DEC, Region 7 Ben Grtain Plowe, PE 7 South Chenango, Tompkins, and Cortland: Dan lead 1679 NY Route 11 Dan Fuller, PE Kirkwood, NY 13795 (607) 775-2545 benlamin.girtainplowe@dec.ny.gov daniel.fuller(cDdec.nv.Ljov 7 North Cayuga, Madison, Onondaga & Oswego NYS DEC, Region 7 Contact: 615 Erie Blvd. West Brienha Wirley, CFM (Flood Hub) Syracuse, NY 13204 8 South NYS DEC, Region 8 Brad Chaffee Chemung, Schuyler, Southern Seneca, & Steuben 100 N. Main St., Suite 104 (607) 732-2214 Elmira, NY 14901 bradly.chaffee@dec.ny.gov 8 North Genesee, Livingston, Monroe, Ontario, Orleans, NYS DEC, Region 8 Jonathan Tamargo Northern Seneca, Wayne & Yates 6274 E. Avon -Lima Rd. (585) 226-5451 Avon, NY 14414 tamarRoPdec.nv.Rov llegany, Cattaraugus, Chautauqua, Erie, Niagara AE:1 NYS DEC, Region 9 Contact: & Wyoming 270 Michigan Ave. Brienna Wirley, CFM (Flood Hub) Buffalo, NY 14203-2999 Page 20 of 185 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 Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facili- ties, 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 haz- ards, 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 pro- tected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and 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 un- dertaken at the expense of the general public; Page 21 of 185 (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. 2 Page 22 of 185 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 appli- cation. "Accessory Structure" is a structure used solely for parking (two -car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "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 Insur- ance 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 per- cent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or VI-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 hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling opera- tions 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 build- ing in Zones V 1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the Page 23 of 185 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 in- tegrity 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 an- ticipated 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 abnor- mal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as de- fined 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 determi- nation of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Fed- eral 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 pre- mium 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"). N Page 24 of 185 "Floodproofing" means any combination of structural and non-structural additions, changes, or adjust- ments to structures which reduce or eliminate flood damage to real estate or improved real property, wa- ter 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 lo- cated or carried out in close proximity to water, such as a docking or port facility necessary for the load- ing and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not in- clude long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construc- tion, 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 lo- cal 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 or cellar). An un- finished 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 enclo- sure is not built so as to render the structure in violation of the applicable non -elevation design require- ments 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" 5 Page 25 of 185 "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 da- tum, 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 subse- quent 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, ex- cluding 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 sur- face 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 im- provements to existing structures, provided that actual start of construction, repair, reconstruction, reha- bilitation, 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 con- struction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill- ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or founda- tions, 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. 0 Page 26 of 185 "Structure" means a walled and roofed building, including a gas or liquid storage tank that is princi- pally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor- ing the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "sub- stantial 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. "Violation" means the failure of a structure or other development to be fully compliant with the com- munity's flood plain management regulations. 7 Page 27 of 185 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 Mamaroneck. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Mamaroneck, Community Number 360917 are identified and defined on the following documents prepared by the Federal Emergency Manage- ment Agency: (1) Flood Insurance Rate Map Panel Numbers: 36119C0332F, 36119C0334F, 36119C0342F, 36119C0351F, 36119C0353F, 36119CO361F whose effective date is 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, Westchester County, New York, All Jurisdictions" dated September 28, 2007. (3) Letter of Map Revision (LOMR), Case No.: 22-02-0217P, effective December 1, 2022, revising FIRM panel: 36119C0342F, 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: 740 West Boston Post Road, Mamaroneck, NY 10543. 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage preven- tion. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most 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. Page 28 of 185 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 noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Mamaroneck 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 Man- agement 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 oc- cur 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 Mamaroneck, 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 ad- ministrative decision lawfully made there under. 9 Page 29 of 185 SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Town Engineer or his/her designee 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 devel- opment 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 un- dertake any development in an area of special flood hazard, as shown on the Flood Insur- ance 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 na- ture, location, dimensions, and elevations of the area in question; existing or proposed struc- tures, 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 $ 250.00. In addition, the applicant shall be responsible for reimbursing the Town of Mamaroneck 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 base- ment or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. 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, of the lowest floor (including base- ment or cellar) of any new or substantially improved non-residential structure to be located in Zones Al-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. 10 Page 30 of 185 (3) The proposed elevation, in relation to mean sea level, to which any new or substantially im- proved 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. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (5) 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-RESIDEN- TIAL STRUCTURES. (6) 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 sub- mitted 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, compu- tations 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 Administra- tor, 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. (7) A technical analysis, by a licensed professional engineer, if required by the Local Adminis- trator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) 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 vehi- cle 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 issu- ing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of sub- section 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 11 Page 31 of 185 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 in- creased 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 Fed- eral, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other pro- posed 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 estab- lish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 3.2, the Local Administrator may reasonably uti- lize the other flood information to enforce more restrictive development standards. 4.4-3 ALTERATION OF WATERCOURSES (1) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relo- cation of a watercourse, and submit evidence of such notification to the Regional Ad- ministrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished. 12 Page 32 of 185 4.4-4 CONSTRUCTION STAGE (1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are avail- able, 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 recrea- tional 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 sub- mitted. 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 in- spections 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 flood - plain 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 flood - plain 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 compli- ance has been issued by the Local Administrator stating that the building or land con- forms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfac- tory completion of all development in areas of special flood hazard. 13 Page 33 of 185 (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 follow- ing: (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 base- ment; (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 WATERCOURSES. 14 Page 34 of 185 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 develop- ment in areas of special flood hazard (including proposals for manufactured home and recre- ational 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 Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed devel- opment, 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 Mamaroneck agrees to apply to the Federal Emergency Man- agement Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and map- ping and reimburse the Town of Mamaroneck for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Flood - way Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construc- tion, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with 15 Page 35 of 185 standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Man- agement Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, anal- yses and mapping and reimburses the Town of Mamaroneck 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 Mamaroneck for all costs related to the final map revisions. (3) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town of Walworth shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. 5.2 STANDARDS FOR ALL STRUCTURES 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. 5.2-1 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 re- sisting 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 us- ing methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE, AO or A, 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 follow- ing minimum criteria: 16 Page 36 of 185 (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest ad- jacent finished grade and; (iii) openings not less than three inches in any direction. 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 least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet lo- cations; (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 elimi- nate infiltration of flood waters. Sanitary sewer and storm drainage systems for build- ings that have openings below the base flood elevation shall be provided with auto- matic 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 con- tamination from them during flooding. 5.2-4 STORAGE TANKS (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral move- ment during conditions of the base flood. (2) Above -ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; 17 Page 37 of 185 b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards apply to new and substantially improved residential structures lo- cated in areas of special flood hazard, 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 Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (3) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: a. Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard or: b. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be under- taken by a registered design professional who shall be documented that the tech- nical methods used reflect currently accepted engineering practice. Studies, anal- yses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the low- est floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths 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 located in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Sec- tion 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are availa- ble, new construction and substantial improvements of any non-residential structure shall either: IV Page 38 of 185 (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 elevation, including attendant utility and sanitary facilities, with walls substan- tially 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 struc- tures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three 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 de- velop and/or review structural design, specifications, and plans for construction. A Flood - proofing 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 spe- cial flood hazard. (1) Recreational vehicles placed on sites within Zones AI-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). 19 Page 39 of 185 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is at- tached to the site only by quick disconnect type utilities and security devices and has no per- manently attached additions. (2) A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood ele- vation and is securely anchored to an adequately anchored foundation system to resist flota- tion, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be ele- vated 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 plus two feet (at least three feet if no depth number is specified). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 5.2-1, ANCHORING. 5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. (1) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards of Section 5.2-1, ANCHORING, (2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are availa- ble, areas below two feet above the base flood elevation shall be constructed using methods and practices that minimize flood damage. (3) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (4) Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters in accordance with Section 5.2-2(3). (5) Utilities must meet the requirements of Section 5.2-3, UTILITIES. 20 Page 40 of 185 SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Planning Board as established by the Town of Mamaroneck shall hear and decide ap- peals and requests for variances from the requirements of this local law. (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Su- preme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Planning board, shall consider all technical evalua- tions, 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 commu- nity; (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 21 Page 41 of 185 (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Planning Board may attach such conditions to the granting of variances as it deems neces- sary 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 ex- isting 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 determi- nation that: (i) the proposed repair or rehabilitation will not preclude the structure's continued des- ignation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and de- sign of the structure. (3) Variances may be issued by a community for new construction and substantial improve- ments 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; and (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 neces- sary, 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; 22 Page 42 of 185 (ii) a determination that failure to grant the variance would result in exceptional hard- ship 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 nui- sances, 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. 23 Page 43 of 185 Be it enacted this day of , 20 by the of the to be effective SEAL ATTEST County, New York, CLERK 24 Page 44 of 185 Attachment A MODEL FLOODPLAIN DEVELOPMENT APPLICATION FORM Page 45 of 185 APPLICATION # FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign): Page 1 of 4 No work may start until a permit is issued. The permit may be revoked if any false statements are made herein. If revoked, all work must cease until permit is re -issued. Development shall not be used or occupied until a Certificate of Compliance is issued. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issu- ance. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory require- ments. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE. (APPLICANT'S SIGNATURE) DATE SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT) NAME ADDRESS TELEPHONE APPLICANT BUILDER ENGI- NEER PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location. Pro- vide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersect- ing road or well-known landmark. A map attached to this application, and a sketch showing the project layout would be helpful. 11 Page 46 of 185 APPLICATION # DESCRIPTION OF WORK (Check all applicable boxes): A. STRUCTURAL DEVELOPMENT ACTIVITY STRUCTURE TYPE ❑ New Structure ❑ Residential (1-4 Family) ❑ Addition ❑ Residential (More than 4 Family) ❑ Alteration ❑ Non-residential (Floodproofing? ❑ Yes ❑ No) ❑ Relocation ❑ Combined Use (Residential & Commercial) ❑ Demolition ❑ Manufactured (Mobile) Home ❑ Replacement (In Manufactured Home Park? ❑ Yes ❑ No) ESTIMATED COST OF PROJECT $ B. OTHER DEVELOPMENT ACTIVITIES: Fill ❑ Mining ❑ Drilling ❑ Grading Excavation (Except for Structural Development Checked Above) Watercourse Alteration (Including Dredging and Channel Modifications) Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds Road, Street or Bridge Construction Subdivision (New or Expansion) Individual Water or Sewer System Other (Please Specify) After completing SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR) The proposed development is located on FIRM Panel No. , Dated The Proposed Development: SIGNED ❑ The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X. ❑ The proposed development is in adjacent to a flood prone area. 100-Year flood elevation at the site is: Ft. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) ❑ Unavailable ❑ See Section 4 for additional instructions for development that is or may be in a flood prone area. DATE PAGE 2 of 4 iii Page 47 of 185 APPLICATION # PAGE 3 of 4 SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed: ❑ A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and pro- posed development. ❑ Development plans and specifications, drawn to scale, including where applicable: details for anchoring struc- tures, proposed elevation of lowest floor (including basement), types of water resistant materials used below the first floor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor, openings in foundation for entry and exit of floodwaters. Other ❑ Elevation Certificate ❑ Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise availa- ble). ❑ Plans showing the watercourse location, proposed relocations, Floodway location. ❑ Topographic information showing existing and proposed grades, location of all proposed fill. ❑ Top of new fill elevation ❑ PE Certification of Soil Compaction Ft. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) ❑ Floodproofing protection level (non-residential only) ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) For floodproofed structures, applicant must attach certification from registered engineer or architect. ❑ Other: SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR) I have determined that the proposed activity: A. ❑ Is B. ❑ Is not in conformance with provisions of Local Law # , (yr) . This permit is herby issued subject to the condi- tions attached to and made part of this permit. SIGNED DATE If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. Expiration Date: 1V Page 48 of 185 APPLICATION # Page 4 of 4 APPEALS: Appealed to Board of Appeals? ❑ Yes ❑ No Hearing date: Appeals Board Decision --- Approved? ❑ Yes ❑ No Conditions: SECTION 6: AS -BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued) The following information must be provided for project structures. This section must be completed by a registered profes- sional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As -Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bot- tom of lowest structural member of the lowest floor, excluding piling and columns) is: FT. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL). Attach Elevation Certificate FEMA Form 81-31 2. Actual (As -Built) Elevation of floodproofing protection is FT. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL). Attach Floodproofmg Certificate FEMA Form 81-65 NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure com- pliance with the community's local law for flood damage prevention. INSPECTIONS: DATE BY DEFICIENCIES? ❑ YES ❑ NO DATE BY DEFICIENCIES? ❑ YES ❑ NO DATE BY DEFICIENCIES? ❑ YES ❑ NO SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) Certificate of Compliance issued: DA m V Page 49 of 185 Attachment B SAMPLE CERTIFICATE OF COMPLIANCE for Development in a Special Flood Hazard Area Page 50 of 185 CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (Owner Must Retain This Certificate) Premises located at: Owner: Owner's Address: Permit No. Permit Date: Check One _New Building _Existing Building _Fill Other: The Local Floodplain Administrator is to complete a. or b. below: a. Compliance is hereby certified with the requirements of Local Law No. , (yr) . Signed: Dated: b. Compliance is hereby certified with the requirements of Local Law No. , (yr) , as modi- fied by variance no. , dated Signed: Dated: Page 51 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Building Department Fees Date: September 16, 2022 Action Requested: Attached please find a memo from Richard Polcari regarding the Building Department fees. We are requesting the following action by the Board: Resolved that the Town Board hereby sets a public hearing for October 3, 2022 to revise Chapter A250 Fee Schedule. Page 52 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 16, 2022 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Building Department Fees General: TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org A review of the Building Departments current fees was conducted. The Inspectors spend a great deal of time reviewing plans and working with applicants to bring an application to a permit. To compensate for this, I am requesting that we collect the permit fee up front allowing for a 50% refund if the application or permit is canceled prior to any work being performed. Many times, work is performed without the benefit of a building permit or proper inspections. In these cases, we require legalization of the work performed. Currently we charge double the permit fee. This is low compared to surrounding Towns. To simplify the fee schedule, I would like to standardize the fees where I can. The permit renewal process has proved to be a burden on residents a simple percentage or set amount (whichever is less) would be a better solution then what currently exists. Finally, at this time we do not have a permit fee for electrical permits and it would be beneficial to keep track of service upgrades, electric charging stations, installation of lighting, etc Attachments: Building fees 09.15.2022 draft alt Page 53 of 185 BUILDING DEPARTMENT Proposed Fee Schedule Building Permit fees are based on the TOTAL VALUATION of construction: Permit Fee! Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 Permit fee due at time of filing. 50% refund for canceled permits as long as work has not been started. If work is started or completed prior to the issuance of a permit (Legalization) - $1000.00 plus three times the permit fee for habitable space - $500.00 plus three times the permit fee for non -habitable space; i.e. sheds, decks Certificate of Occupancy and Letter of Compliance for all permits unless otherwise noted: Or-igioa1 Certificate of Occupancy , Residential additions,all1 aeeessel=ystftlEttrres ... $100.00 Original ro.- ifieate f Oee,,r,,aey for- all others Letter of Completion $100.00 Temporary Certificate of Occupancy (three month) ....... $300.00 $500.00 Plus Bond as required by Building Inspector Temp CO does not put a hold on the permit expiration date or the need to keep the permit active. Permit Renewal: 1/12 of the original building permit fee multiplied by the number- of months to be extended-, but in no ease to be less than $500 Residential permit renewals 50% the original permit fee or $1000.00 whichever is less, for six (6) months. Commercial permit renewals 50% the original permit fee or $1500.00 whichever is less, for six (6) months. Amended plans (after permit has been issued): Reinspection fee (for second failed inspection): $150.00 $50.00 To Demolish Residelitial ..ffie $100.00 tis.. per-..... Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 Page 54 of 185 Solar: Sims: PNI Systems "to 4K3 I Q200.00 DrV Systems ->-I0K3Arto 50K3x7 e400 nn ,,1„s $25 per- u�� 1�I Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 For erecting, placing, or painting a new sign ............ $150.00 For altering, reconstructing, enlarging, or relocating on the same premises, an existing sign ................. $150.00 $100.00 Temporary signs as approved by the Building Department $100.00 Temporary signs as approved by the Town Board ......... $200.00 Mechanical Rock Removal: $125.00 for first $1000.00 plus $25.00 per $1000.00 Blasting Permit: $350.00 Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 (Bond in the amount of $100,000.00 as well as public liability insurance naming the Town of Mamaroneck as co-insured in an aggregate amount of not less than Two Million ($2,000,000.00) dollars to accompany application Temporary Tent permit: Plumbing Fees: $100.00 Residential...... $100.00 for first $1000.00 plus $17.00 per $1000.00 Commercial.. $150.00 fling fee p1„s $125.00 for first $1000.00 plus $25.00 per $1000.00 Gas Pipings Test ................................ $100.00 EaEh oil btimer-, hotir-ly r-a4ed eap:aE-ity " to 2 gallens.... P00.00 Over- 2gal1 ns a*d „p to 10 gal ns N 1 cn.0o Oil burners are part of a plumbing permit. Electrical permit: (includes LOC fee) $100.00 Pa2ge 55 of 185 Last revised 09/14/202 Storage Tank Installation: _ eee7:fr:�:t�r.T.�f f . .. .. I't .. ... ... 11 .... .... .... ..... $150 permit fee Removal or Abandonment of a Storage Tank: ee ele e 5 Records: File Searches (File Review) and Pre -date Letter.. Files copied to electronic format ........................ Large Format or Plan Photocopy (24"06")....... Zoning Board of Appeals: Area Variance: for first requested variance........ Each additional requested variance ...... Use Variance ............................................. Each Legal notice Zoning Variance Extension ................................ Operating Permits: Annual high hazard, public assembly Includes fire inspection All others every three years Includes fire inspection $150 permit fee $475.90 $250.00 $25.00 $30.00 Q,� $15.00 $200.00 $100.00 $300.00 $50.00 $200.00 $150.00 $200.00 $200.00 Pale56 of 185 Last revised 09,114,202 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Capital Budget Amendment Date: September 14, 2022 Action Requested: Attached pleased find a memo from Tracy Yogman regarding 2022 Capital Budget Amendments. We are requesting the following action by the Board: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 57 of 185 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 14, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Capital Budget Amendment General: TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org 1. Ambulance Software (Proiect 2021-20) The electronic patient care software system that is used for patient and insurance information is now considered a legacy system with minimal support. Members of the Ambulance District, Mamaroneck EMS and Larchmont Volunteer Ambulance Corp have reviewed three software systems and have chosen Elite EMS as the replacement. This is the system that the NYS Department of Health uses to collect and store data from all NYS EMS agencies. A budget amendment is recommended below to increase the ambulance district revenues and transfer funds to Capital for this project. 2. Water District -Lakeside Drive Water Main (Proiect 1392-12) The water main at Lakeside Drive has a leak at the highway box culvert bridge. Upon investigation of site conditions, it was determined by personnel that a replacement section of water main across the stream installed on a support bracket attached to the bridge structure is required. A budget amendment is recommended below to fund this project. Fund balance of $800,000 will be available at the end of 2022. Attachment/s: Page 58 of 185 2022 CAPITAL BUDGET AMENDMENTS CHART -September 212022 Page 59 of 185 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount I Revenue Transfer from Ambulance 110000.5039.2021.20 Increase 19,656.00 Expense Computer Software- Elite EMS 114189.0400.2021.20 Increase 19,656.00 2 Revenue Transfer from Water District 110000.5038.1392.12 Increase $ 230,000.00 Expense Lakeside Drive Water Main 118340.0400.1392.12 Increase $ 230,000.00 AMBULANCE DISTRICT (FUND SM) I Revenue Ambulance Fees SM.0000.1640 Increase 19,656.00 Expense Transferto Capital SM.9900.9950 Increase $ 19,656.00 Water District (FUND SW) 2 Revenue Appropriated Fund Balance SW.0000.5995 Increase $ 230,000.00 Expense Transferto Capital SW.9900.9950 Increase $ 230,000.00 Page 60 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: 2022 Operating Budget Date: September 14, 2022 Action Requested: Attached please find a memo from Tracy Yogman regarding the 2022 Operating Budget. We are requesting the following action from the Board: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 61 of 185 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 14, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Operating Budget Amendments TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org General: In compliance with the Budget Policy the following 2022 budget amendments are recommended for approval as they increase appropriations. 1. Consultant-GovHr (A.1430.4056) The Town Board authorized a consultant contract with GovHR in August 2022 for a classification and compensation study. A budget amendment is recommended below for a transfer from the contingency account to fund the contract. 2. Fire Department Overtime (SF.3410.1015) As a result of firefighters on leave, additional overtime to cover the shifts was needed throughout the year. A budget amendment to transfer funds from contingency is recommended. Page 62 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR To: Supervisor and Town Board TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org From: Meredith S. Robson, Town Administrator CC: Jill Fisher, Superintendant of Recreation Re: Discussion - Donation of Lockers and Related Improvements to Locker Room at Hommocks Park Ice Rink Date: September 16, 2022 Action Requested: There have been numerous conversations between Town staff and school staff regarding the installation of new lockers at Hommocks Park Ice Rink to support the school hockey team. School officials have indicated to us that they have received a donation for such lockers, as well as some related locker room improvements. The lockers will in turn, be donated to the Town. Typically, we would ask for your acceptance of the donation once the lockers are received, however, because authorization of the locker donation must be approved prior to an order being placed, we are requesting the following action by the Town Board. Be it resolved that the Town Board hereby accepts the generous donation of lockers and the cost of their installation and approves their installation in the applicable locker room at Hommocks Park Ice Rink. The Town Board further accepts the donation to cover the cost of additional locker room improvements subject to final approval by Town staff of such improvements and the design of such improvements. Attachments: 220914 Cost of HMX Ice Rink Lockers Page 63 of 185 September 14, 2022 Sylvia Fassler-Wallach 1000 W. Boston Post Road Mamaroneck, NY 10543 RE: Cost of HMX Ice Rink Lockers Below are the denominations of donated funds to support the purchase and installation of lockers at the Hommocks Ice Rink. No students or community members will be used for a fundraising event. Below is the cost break down and the allocation of funds from anonymous donors. • Lockers + Freight + Installation: $38,104.08 (Wenger Corp) + $25k Anonymous Donation paid to Wenger Corp Direct • Remaining balance: $13,104.08 • $15k Anonymous Donation to pay balance to Wenger Corp • $1895.92 leftover to pay for supplies and building storage closet Please let me know what the next steps with the Town or if I can begin the ordering process. Wenger Corp has informed us that lockers need 8 weeks for ordering plus time for delivery and installation. I want to ensure we follow all school and town protocols during this process. I appreciate all your help. Michael Chiapparelli 914-804-3420 Mchiapparellisr@mamkschools.org PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, September 21, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Revision of Chapter 99 Filming Law of the Code of the Town of Mamaroneck" law, at the Weaver Street Firehouse, 205 Weaver St, Larchmont, NY 10538 Purpose: It is the intent of the Town Board to allow, but regulate, the use of property within the unincorporated area of the Town for filming advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere, with the day-to-day activities of the Town's residents and merchants. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 14, 2022 Page 65 of 185 Local Law No. - 2022 This local law shall be known as the "Revision of Chapter 99 -- Filming and Videotaping of the Code of the Town of Mamaroneck" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: This local law regarding the use of property in the unincorporated area of the Town for filming productions or taking photographs to be used for commercial purposes was adopted in 1997. This law updates the existing law and continues to allow, but regulate, the use of property for filming advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. Section 2 - Repeal and Replacement of a current chapter of the Mamaroneck Code: Chapter 99 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Chapter 99 Filming § 99-1. Purpose § 99-2 Definitions § 99-3 License required § 99-4 Application for license § 99-5 Action by the Administrator § 99-6 General requirements § 99-7 Limitation on filming § 99-8 License fee § 99-9 Insurance and bond § 99-10 Appeals § 99-11 Suspension or revocation of license § 99-12 Penalties for offenses § 99-13 Enforcement Page 66 of 185 § 99-1. Purpose. It is the intent of the Town Board to allow, but regulate, the use of property within the unincorporated area of the Town for filming advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. § 99-2 Definitions. As used in this section, the following terms shall have the meanings indicated: ADMINISTRATOR The Town Administrator or a person designated by the Town Administrator. FILMING The recording, by any medium, of advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices and the taking of photographs to be used in commercial enterprises. Notwithstanding the previous sentence, "filming" does not include recordings done by or on behalf of the Town, the coverage of news, political, cultural, local sports or school events or the recording of public service announcements. LICENSEE Any person or entity whose application for a license under this chapter has been approved. PUBLIC PROPERTY Any property located within the unincorporated area that is owned or leased by the Town of Mamaroneck or that the Town of Mamaroneck or the public has the right to use. UNINCORPORATED AREA The unincorporated area of the Town of Mamaroneck. § 99-3 License required. No person or entity shall film in the unincorporated area on either public or private property, unless a license therefor is issued pursuant to this chapter. Page 67 of 185 § 99-4 Application for license. The license prescribed by this chapter shall be issued by the Administrator. An application therefor shall be filed in the office of the Administrator at least seven (7) days before the first day proposed for filming. It shall be on a form containing such information as may be determined by the Administrator. At a minimum, the application shall require (i) the proposed production schedule, (ii) a description of any activities where there is a risk of injury, such as car chases, jumps or falls from windows or roofs, fighting, the use of weapons or like activities, (iii) a statement of whether explosives will be used and if so, where the explosives will be stored, and (iv) a list of all vehicles, including license plate numbers, that will be used during filming or will be driven by the persons engaged in the filming. After reviewing the application, the Administrator may request such additional information that in the Administrator's sole judgment is necessary to determine whether to issue the license. § 99-5 Action by the Administrator. A. The Administrator may approve or deny any application or place conditions or limitations on a license if in the Administrator's sole judgment, filming on the dates and at the times requested would conflict with other scheduled events in the area, would be detrimental to the community because of anticipated excessive noise, excessive illumination, unreasonable disruption of traffic, potential danger to persons or property that could be caused by the proposed filming, or would unduly interfere with the day-to-day activities of the Town's residents or merchants or would otherwise interfere with public health, safety and welfare. B. If the application is approved, the Administrator shall issue a license which shall specify the days, the hours and the location for filming and contain the conditions and limitations, if any, imposed by the Administrator. C. The filming shall adhere strictly to the information and representations contained in the application, the submissions that accompany the application when it is made and any other information submitted to the Administrator. § 99-6 General requirements. A. Prior to the first day of filming, the licensee must give written notice of the filming to residents within ***** feet of the proposed location. Page 68 of 185 B. The filming shall be conducted so as not to interfere with access to fire lanes. No objects shall not be placed within 15 feet of fire hydrants or in passageways leading to fire escapes or fire lanes. Accessible parking spaces shall be kept free of objects. C. Any costs that are incurred by the Town by reason of the filming shall be borne by the licensee. The Administrator may estimate such costs and require the licensee to pay the amount of the estimate before filming commences. § 99-7 Limitation on filming. No more than fifteen (15) days of filming shall occur on private property or on streets lying within the R-TA, R-A, R-GA, R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 or R-50 zoning districts in any calendar year. § 99-8 License fee. The fees for applying for, and for a license itself are listed in section A-250-1 of the Code. The Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State of New York and the County of Westchester shall be exempt from such fees. § 99-9 Insurance and bond. The license shall not be issued until the licensee furnishes a policy of insurance in an amount not less than $1,000,000 indemnifying and holding harmless the Town of Mamaroneck, its officers, agents and employees from and against any claim, loss or damage that occurs during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or omissions of the licensee, its agents, employees, contractors or subcontractors. In addition, the applicant must produce certificates of insurance showing that it is insured against any claim, loss or damage which may occur during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or omissions of the licensee, its agents, employees, contractors or subcontractors. Such certificates also shall be approved by the Town Attorney. Further, in an appropriate case, the Town Administrator may require the posting of a bond sufficient in amount to ensure that public property and any private property, other than the private property where the filming will take place, is restored to the condition that existed prior to filming. § 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Page 69 of 185 Supervisor and one Town Board member designated by the Town Board. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the Town Administrator's action was arbitrary, capricious or not supported by substantial evidence. § 99-11 Suspension or revocation of license. A. The Administrator may suspend or revoke a license issued pursuant to this chapter for any of the following reasons: (1) Failure when filming to adhere strictly to the information and representations contained in the application for the license, the submissions that accompany the application when it is made and any other information submitted to the Administrator, or (2) Failure to adhere strictly to the conditions imposed upon the license by the Administrator, or (3) Disorderly conduct, conduct detrimental to health and safety of others or conduct constituting a breach of the public peace by the licensee, its agents, employees, contractors or subcontractors, or (4) Violation by the licensee, its agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation B. Notice of the suspension or revocation of a license may be given orally to the licensee or the person on -site who is in charge of the filming, by electronic communication or in writing to the licensee at the address given by the licensee for such communication. C. The suspension or revocation of a license shall bar such licensee from applying for a license within one year from the date of revocation. D. If a license is suspended or revoked, the applicant shall not be entitled to a refund of any portion of the license fee. § 99-12 Penalties for offenses. It shall be an offense for any person, firm or corporation to violate or to fails to comply with any provision of this chapter or any rule or determination made thereunder, or to undertake filming in the unincorporated area without first securing a license therefor. A person who commits such Page 70 of 185 offense shall upon conviction, be punished by a fine of $250. Each day that a violation occurs shall be deemed a separate offense. § 99-13 Enforcement. This chapter shall be enforced by Town Administrator, the Deputy Town Administrator, any Assistant Building Inspector, the Building Inspector, any Code Enforcement Officer, the Director of Building Code Enforcement and Land Use Administration, the Fire Inspector or any police officer. Section 3 - Amendment of an existing section of the Mamaroneck Code: Section A250-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the entries therein for § 99-6A and § 99-6B and inserting the following entries between the entries for § 95-30A and § 106-20A: Code Subject Fee or Deposit Section § 99-8 Fee to apply for a license to film $500.00 License fee for filming on public property $1.200.00 per day or any portion thereof License fee for filming on private property $1,000.00 per day or any portion thereof Section 4 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. August 5, 2022 Page 71 of 185 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a motion by the Town Board on September 7, 2022 this Public Hearing will be adjourned until Wednesday September 21, 2022 at 8:00 PM or as soon thereafter as is possible to consider the "Update in the Regulation of Wireless Telecommunications Facilities" Law, at the Weaver Street Firehouse, 205 Weaver St, Larchmont, NY 10538 Purpose: Section 1— Purpose: This law is being enacted because advances in technology require the Town to update its law regarding wireless telecommunications facilities. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 1, 2022 Page 72 of 185 Local Law No. - 2022 This local law shall be known as the "Update in the Regulation of Wireless Telecommunications Facilities' Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: This law is being enacted because advances in technology require the Town to update its law regarding wireless telecommunications facilities. Section 2 — Replacement of a current section of the Mamaroneck Code: Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 240-19.1. Wireless telecommunications facilities. A. Purpose. The purpose of this section is to establish regulations for the location and design of wireless telecommunications facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Town's desire to minimize the visual and other adverse effects of such facilities. This section expresses a preference for locations on Town property, acknowledging the ability of the Town to exert greater controls arising from ownership rights and a preference for the collocation of new wireless telecommunications facilities on existing or approved wireless telecommunications support structures that are located in nonresidential areas. Such regulations are intended to: (1) Ensure that the placement, construction or modification of wireless telecommunications facilities and related equipment are consistent with the Towns land use and zoning code regulations to the extent permitted by law, (2) Minimize the negative and adverse visual, acoustic and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable, through creative design, siting, landscaping, screening and innovative camouflaging techniques, (3) Assure a comprehensive review of environmental impacts of such facilities, (4) Protect the health, safety and welfare of the residents of the Town and persons working in or visiting the Town from potential adverse impacts of wireless telecommunications facilities, to the extent permitted by law, 1 Page 73 of 185 (5) Allow for shared use (collocation) of wireless telecommunications facilities when such use is the more aesthetically sensitive alternative, (6) Establish fair and efficient processes for review and approval of development applications, (7) Preserve the visual character of established communities and the natural beauty of the landscape, (8) Protect property values, (9) Minimize the impact of wireless telecommunications facilities on residential properties, (10) Encourage the siting of wireless telecommunications facilities on properties and areas, which are not zoned exclusively for residential purposes, and (11) Minimize the number of structures placed near to each other in the rights -of -way. B. Definitions. ASSOCIATED EQUIPMENT — Any equipment serving or being used in conjunction with wireless telecommunications facilities including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and, when co -located on a structure, which is mounted or installed prior to, at the same or at a subsequent time as an antenna. ANTENNA - An apparatus designed for the purpose of emitting or receiving radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include a mobile station or device authorized under Part 15 of Title 47 of the United States Code. BASE STATION — A structure or equipment at a fixed location that enables FCC licensed or authorized wireless telecommunications between user equipment and a telecommunications network. (1) The term includes, but is not limited to, equipment associated with wireless telecommunications facilities such as but not limited to private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration (including DAS and small or macro cell equipment). (3) The term includes, but is not limited to any structure that supports or houses equipment described in paragraphs (1) and (2) above that has been reviewed and approved under V Page 74 of 185 the applicable zoning code or siting process, even if the structure was not built for the sole or primary purpose of providing such support. (4) The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment described in paragraphs (1) and (2) of this definition. BUILDING INSPECTOR --- The Town's Building Inspector or its Director of Building Code Enforcement and Land Use Administration COLLOCATION— The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for telecommunications purposes, whether or not there is an existing antenna on the structure. DISTRIBUTED ANTENNA SYSTEM (DAS) — A network of spatially separated antenna sites connected to a common source that provides wireless telecommunications service within a geographic area or structure. EAF - The Environmental Assessment Form promulgated by the New York State Department of Environmental Conservation. FAA — The Federal Aviation Administration, or its duly designated and authorized successor agency. FCC — The Federal Communications Commission, or its duly designated and authorized successor agency. HEIGHT — When referring to a structure, the distance measured from the pre-existing grade to the highest point on the structure, including the antenna(s) and any other appurtenances. MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless telecommunications facility that enables authorized wireless telecommunications between user equipment and a telecommunications network that is not a Small Wireless Telecommunications Facility. MODIFICATION — The improvement, upgrade or expansion of existing wireless telecommunications facilities or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless telecommunications facilities. MONOPOLE — A wireless telecommunications support structure which consists of a single pole, designed and erected on the ground or on top of a structure to support one or more wireless telecommunications antennas and associated equipment. N Page 75 of 185 NIER — Nonionizing electromagnetic radiation. A series of energy waves composed of oscillating electric and magnetic fields traveling at the speed of light which includes the spectrum of ultraviolet (UV), visible light, infrared (IR), microwave (MW), radio frequency (RF), and extremely low frequencies (ELF). PERMIT - A Wireless Facility Permit. PLANNING BOARD - The Town of Mamaroneck Planning Board. PUBLIC RIGHT-OF-WAY ("ROW") — Any land over which the public possesses the right to travel. The term "road" includes state, county and Town highways, roads, streets, squares, places, courts, boulevards, parkways, sidewalks and other ways, however, designated, over which the public has access. RELIABLE SERVICE - The transmission and reception of communications voice and/or data by a wireless telecommunications facility that meets or exceeds a wireless service provider's reasonable and generally accepted industry quality metrics, including but not limited to, received signal strength or signal quality measurements or calibrated predictions of such data throughput, call or session performance objectives including, but not limited to, key performance indicators such as lost calls, system blocking or lack of capacity. REPLACEMENT — The replacement of existing wireless telecommunications antenna on any existing support structure or on existing associated equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading which does not substantially increase the physical dimensions of any existing support structure. SMALL WIRELESS TELECOMMUNICATIONS FACILITY — A small wireless telecommunications facility including, but not limited to, DAS, microcells, picocells, and femtocells or any name employed to identify a compact, low power base station and its associated equipment that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces that meets each of the following conditions: (1) The structure on which antenna facilities are mounted: (a) is fifty (50) feet or less in height, or (b) is no more than ten percent (10%) taller than other adjacent structures, or (b) is not extended to a height of more than ten percent (10%) above its preexisting height as a result of the collocation of new antenna facilities; (2) Each antenna (excluding associated antenna equipment) is no more than six (6) cubic feet in volume; B! Page 76 of 185 (3) In the aggregate, the volume of all antenna equipment associated with the facility (excluding antennas and back-up power and related back-up power equipment) does not exceed twenty-eight (28) cubic feet; (4) The facility does not require antenna structure registration under 47 CFR Part 17; and (5) The facility does not result in human exposure to radio -frequency radiation in excess of the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093] or any FCC rule or regulation that replaces these regulations or add additional safety standards. SMALL WIRELESS PERMIT --- The permit issued by the Planning Board approving a small wireless telecommunications facility. STEALTH TECHNOLOGY — Camouflaging methods applied to wireless telecommunications facilities, which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof -mounted facilities, building -mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles and the like. STRAND — A cable or wire run between two utility poles, or between a utility pole and a structure, or between two structures. STRUCTURE — A pole, base station supporting hardware, commercial billboard, street furniture or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). STRUCTURALLY MOUNTED — The attachment of antennas to an existing building or structure other than a monopole or tower having a location on the ground and comprising a part of a wireless telecommunications facility. For purposes of this chapter, the term "structurally mounted" shall include, in addition to the antennas, all other components of the wireless telecommunications facility. SUBSTANTIAL CHANGE — A modification substantially changes the physical dimensions if it meets any of the following criteria: (1) The mounting of the proposed antenna on the wireless structure would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; (2) The mounting of the proposed antenna or small wireless telecommunications facility would involve the installation of more than four (4) equipment cabinets or more than one (1) new equipment shelter; M Page 77 of 185 (3) The mounting of the proposed antenna or small wireless telecommunications facility would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure: (i) more than twenty feet in the case of a macro wireless telecommunications facility, (ii) more than three feet in the case of a small wireless telecommunications facility, and (iii) in all cases more than the original width of the support structure at the level of the appurtenance It will not be considered a "substantial change" if the mounting of the proposed antenna or small wireless telecommunications facility exceeds the limits herein if it is necessary or appropriate to do so in order to shelter the antenna from inclement weather or to provide stealth shielding for the antenna or small wireless telecommunications facility; (4) The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site; (5) The modification defeats concealment and/or stealth elements of the support structure; (6) The modification does not comply with prior conditions of the approval for the existing structure and/or site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above; or (7) The modification does not increase the square footage of the existing equipment compound to an area greater than two thousand five hundred (2,500) square feet. TOWER — Any structure built for the sole or primary purpose of supporting FCC licensed or authorized antennas, including the on -site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined herein. TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT — Equipment that facilitates transmission and reception for any FCC licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable and regular and back-up power supply. The term includes equipment associated with wireless telecommunications services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul. 11 Page 78 of 185 UTILITY POLE — A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town -owned poles or poles owned by utility companies. Any utility pole in excess of fifty (50) feet in height shall be deemed a tower and not eligible as a location for small wireless telecommunications facilities. WIRELESS TELECOMMUNICATIONS EQUIPMENT --- Any equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless service facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or any statute that may replace it, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, towers and related appurtenances. WIRELESS TELECOMMUNICATIONS FACILITY — A structure, facility or location designed or intended to be used as or used to support antennas, along with any antennas located on such structure, facility or location and any associated equipment. It includes but is not limited to, monopoles, lattice towers, DAS, microcell or small wireless facilities on utility poles or strand mounted in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and associated equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular telecommunications technologies, but excluding those used exclusively for the Town's fire, police, ambulance, and other dispatch telecommunications or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service provider offering wireless telecommunications to deliver such telecommunications services. These services may include, but are not limited to, voice, data, or video in either licensed or un- licensed spectrum. An enterprise business offering to host licensed or unlicensed service providers by deploying small cell technology such as, but not limited to, DAS and similar small cells. Any term contained in this section that is not defined above but is defined by the FCC shall have the meaning ascribed to it by the FCC. C. Permissible locations for wireless telecommunications facilities. Provided it complies with the requirements of this section: (A) (1) A macro wireless telecommunications facility may be located only in the following zoning districts of the Town: VA Page 79 of 185 B-R LI UR SB-R B-MUB and R but not (i) on a property designated by the Town as historic, or (ii) on a property listed on the New York State Register or the National Register of Historic Places or in a neighborhood that has been designated as historic by the Town, the State of New York, the County of Westchester or the federal government or (iii) on those properties that are owned or leased by the Town but are not listed in section 240-19.1 (H). (2) A small wireless telecommunications facility may be located only in any of the districts that a macro wireless telecommunications facility may be located and in the ROWS of the Town. (3) In addition to the areas specified in section 240-19.1 C (A) (1) and C (A) (2), a macro wireless telecommunications facility or a small wireless telecommunications facility may be located on the Town -owned properties listed in section 240-19.1 (H) if permission therefor is granted by the Town Board. (B) Neither type of wireless telecommunications facility shall be permitted in any area within the unincorporated area of the Town other than the areas specified in section 240- 19.1 (A) (1), (2) or (3). D. Requirements for the installation, alteration, expansion or replacement of a wireless telecommunications facility whether on private property or Town -owned property. Except as otherwise provided in this section, no person shall be permitted to construct, install, or prepare a site for the installation of a wireless telecommunications facility or alter, expand or replace an existing wireless telecommunications facility without first obtaining: (i) in the case of a macro wireless telecommunications facility, site plan approval from the Planning Board followed by a Building Permit issued by the Building Inspector, or (ii) in the case of a small wireless telecommunications facility, a small wireless permit from the Planning Board followed by a Building Permit issued by the Building Inspector. E. Application for all types of wireless telecommunications facilities. (1) An application for the construction or installation of a new wireless telecommunications facility or a substantial change to an existing wireless telecommunications facility, EV Page 80 of 185 whether a small wireless facility or a macro wireless facility, shall contain the following information: (a) A descriptive statement of the applicant's or operator's objectives, and whether the applicant seeks to satisfy a need, such as improved coverage and/or capacity requirements; (b) Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to: (i) information relating to all other wireless telecommunications facilities and antennas associated with such wireless telecommunications facilities that are to be deployed in the Town in conjunction with the proposed wireless facility; and (ii) propagation and/or capacity studies of the proposed site including, but not limited to, both drive test and calibrated predictive coverage plots, and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant area of less than reliable service in coverage and/or capacity, including an analysis of current and projected usage and a copy of the search ring within which a new wireless telecommunications facility is proposed to be located; (c) The name, postal address, email address and phone number of the person preparing the report; (d) The name, postal address, email address and phone number of the property owner, operator and applicant; (e) The postal address and Tax Map Section, Block and Lot of the property, or the postal address and Tax Map Section, Block and Lot of the closest property if the wireless communication facility is proposed to be located in a right of way, (e) The zoning district or designation in which the property is situated; (f) The size of the property, stated both in square feet and lot line dimensions and a survey prepared by a licensed professional surveyor showing the location of all lot lines (an application to use a ROW does not have to supply this information); (g) The lot line of the nearest residential structure; (h) The location, size and height of all existing and proposed structures on the property which is the subject of the application; (i) The type, locations and dimensions of all proposed and existing landscaping and fencing; (j) The number, type and model of the antenna(s) and if the proposed wireless telecommunications facility is a small cell installation, the small cell equipment proposed; (k) A description of the utility pole, monopole or other structure on which any antenna or associated equipment for a wireless telecommunications facility is to be located and a design plan stating the structure's capacity to accommodate multiple users; r] Page 81 of 185 (1) A site plan describing any new proposed structure and antenna(s) and all related fixtures, associated equipment, appurtenances and apparatus, including, but not limited to, height above pre-existing grade, materials, color and lighting; (m)The frequency band, modulation and class of service of radio or other transmitting equipment; (n) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s); (o) Direction of maximum lobes and associated radiation of the antenna(s); (p) Documentation justifying the total height of any proposed antenna and structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown; (q) Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC and the State of New York; (r) A statement signed by an engineer licensed by the State of New York that the analysis of site RF compliance for the proposed installation is consistent with applicable FCC regulations, additional guidelines issued by the FCC and industry practice and in clear compliance with FCC regulations concerning RF exposure; (s) A copy of the FCC license applicable for the intended use of the wireless telecommunications facility; (t) Certification that a topographic and geomorphologic study and analysis has been conducted and that the subsurface and substrate and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facility on the proposed site; (u) Certification that if the proposed wireless telecommunications facility will be a small cell or DAS that each unit/installation will not exceed fifty-five (55) dBA of acoustic noise, measured five (5) feet from the unit in any direction, or violate any applicable noise regulation. (v) Visual EAF with visual addendum (w) Written certification by an engineer licensed by the State of New York that the wireless telecommunications facility and support structures and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads; (x) Proof that the wireless telecommunications facility or expansion of an existing facility is not proposed to be located within the front yard setback area or closer to the front property line than the setback of the existing principal building, whichever is more restrictive. (2) In addition to the requirements of section 240-19.1 (E), an application for collocation whether for a small wireless facility or a macro wireless facility, shall contain the following proof: IM Page 82 of 185 (a) The existing wireless telecommunications support structure has been granted all necessary approvals by the appropriate approving authorities; (b) The proposed collocation shall not substantially increase the existing wireless support structure; and (c) The proposed collocation complies with the final approval of the wireless telecommunications support structure and all conditions attached thereto and either does not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law, rule or regulation or that a variance or other required relief has been obtained. F. Provisions applicable to macro wireless telecommunications facilities only. In addition to complying with the other requirements of this section, a macro wireless telecommunications facility shall meet the following standards and contain the following submissions: (1) Ground -mounted equipment associated with macro wireless telecommunications facilities shall be limited to a height of twelve (12) feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone or one (1) foot in those districts where there are no minimum setbacks. (2) Support structures for macro wireless telecommunications facilities other than existing buildings or structures shall be set back from the closest property line a distance equal to at least one hundred and twenty percent (120%) of the height of the composite support structure and attached antennas measured from the highest point of the composite facility to the existing ground level at the base of the facility. (3) No signs shall be permitted, except for signs two square feet or less in area that display the name, address and telephone number of the owner of the facility, safety warnings or instructions, and information regarding the equipment on site. Height shall be measured from ground level, to the highest point on the wireless telecommunications facility, or if higher, the highest point on any extension to an existing supporting structure required to support the wireless telecommunications facility. (4) A macro wireless telecommunications facility shall be no higher than the minimum height necessary to achieve its purpose and under all circumstances, no more than one hundred twenty-five feet in height. (5) The applicant for a macro wireless telecommunications facility shall submit a list of eligible locations within the applicant's search area and has ranked the locations in accordance with the priorities in section 240-19.1 G (7) 11 Page 83 of 185 (6) Wind and ice. All macro wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (7) Aviation safety. All macro wireless telecommunications facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to, the regulations of the FAA. (8) Public safety communications. All macro wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (9) Radio frequency emissions. A macro wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. (10) Before a building permit is issued, a bond in favor of the Town in an amount sufficient in amount to secure the removal of a macro wireless telecommunications facility when it is decommissioned shall be posted. The amount of such bond shall be determined by the Planning Board, issued by a surety with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town. (11) As condition of site plan approval, the Planning Board, upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury, death or property damage that must be maintained while the macro wireless telecommunications facility is being constructed, after it is installed and until it is removed. Such insurance shall be issued by an insurance company with an AM Best Rating of A+, shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Before a building permit is issued, a copy of such policy must be delivered to the Building Department. When such policy is renewed or replaced, a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty (30) days of its issuance. If such policy lapses, the Town will have the right to revoke permission for the macro wireless telecommunications facility G. Provisions applicable to small wireless telecommunications facilities only. Page 84 of 185 (1) Design. All small wireless telecommunications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety related codes, including, but not limited to, the most -recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall, at all times, be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property. In addition to the provisions listed in this section, all small wireless telecommunications facilities shall be designed to comply with the following requirements: (a) All equipment shall be the smallest and least visibly intrusive equipment feasible. (b) Small wireless telecommunications facilities and associated equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. (c) Pole and strand mounted small wireless telecommunications facilities shall be a minimum of two hundred fifty (250) feet apart radially. They shall be located in line with trees, existing streetlights, utility poles and other street furniture when possible. (d) No more than two (2) small wireless telecommunications facilities with associated antennas shall be mounted to a freestanding pole or structure (e) Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create safety hazards to pedestrians, motorists, bicyclists or residents or occupants of buildings, or to otherwise cause inconvenience to the public's use of the public right- of-way. (f) To the extent feasible, associated equipment shall be placed underground. Mounted associated equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features. Ground -mounted associated equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground mounted associated equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology. (g) Electrical meter cabinets, if required, shall the screened to blend in with the surrounding area. (h) Associated equipment attached to a small wireless telecommunications facility support structure shall have such vertical clearance as the Planning Board or in the IN Page 85 of 185 case of a variance, the Board of Appeals may determine and an applicable utility company may require. (2) Wind and ice. All small wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (3) Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to, the regulations of the FAA. (4) Public safety communications. Small wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions. A small wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. (6) Small wireless telecommunications facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays or small cells, but under no circumstances is the height to be in excess of what is permitted for small wireless telecommunications facilities. (7) Visibility (a) A small wireless telecommunications facility shall be sited so as to have the least - adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the site. (b) Both the small wireless telecommunications facility and any and all associated equipment shall maximize the use of building materials, colors and textures designed that blend with the structure to which it may be affixed and/or harmonize with the natural surroundings. (c) Small wireless telecommunications facilities shall not be artificially lit or marked, except as required by law. If lighting is required, the applicant shall present a photometric analysis that shows that the applicant will use best practices for mitigating the impact of lighting. F[! Page 86 of 185 (d) Where deemed appropriate by the Planning Board, electrical and land -based telephone or fiber lines extended to serve the small wireless telecommunications facility sites shall be installed underground. (e) Stealth technologies shall be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. (f) Landscaping shall be provided, where appropriate. (8) Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall also comply with the procedures and requirements set forth in chapter 187 of the Town Code relating to construction activities within the public right-of-way. To the extent any provisions in section 187 are inconsistent with the provisions set forth in this section, the provisions in this section shall control. (9) Before a building permit is issued, a copy of a liability insurance policy issued by an insurance company with an AM Best Rating of A+ must be delivered to the Building Department. Such insurance shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the small wireless telecommunications facility. When such policy is renewed or replaced, a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty (30) days of its issuance. (6) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply: (a) Small wireless telecommunications facilities shall be fully automated and not require in -person attendance on a daily basis and shall be visited only for maintenance, replacement or emergency repair. (b) Such maintenance shall be performed to ensure the upkeep of the facility in order to maintain an acceptable appearance and promote the safety and security of the Town. (c) All maintenance activities shall utilize the best available technology for preventing failures and accidents. (d) Any graffiti on any small wireless telecommunications facility support structure or any associated equipment shall be removed at the sole expense of the owner within ten (10) days upon notification by the Town. (7) Priorities. A. The locations listed (a) through (f) below are the locations for small wireless telecommunications facilities within the Town listed in the order of preferred locations with (a) being the most desirable location and (f) being the least desirable location. Applicants for small wireless communication facilities shall categorize the site that Page 87 of 185 they propose according to the following priorities or shall advise that the proposed site does not fall into any of the categories. (a) Collocation on existing utility poles, monopoles, or other small wireless telecommunications facility support structures on lands owned or controlled by the Town, (b) Collocation on a site with existing small wireless telecommunications facilities or other wireless telecommunications facility structures in the Town, (c) On the Town -owned properties listed in section 240-19.1 H (1), (d) On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation, and (e) On nonresidential zoned properties, and (f) Within public rights of way. (B) If the proposed site is not in the most preferred category, the applicant must supply a detailed explanation as to why a site in a more preferred category was not selected. The applicant also must satisfactorily demonstrate why approval should be granted for the proposed site and the hardship that would be incurred if the application were not approved. Stating that the proposed site has already been leased or purchased is not a satisfactory demonstration of why approval should be granted for the proposed site. (C) If collocation is not proposed, the applicant must provide a compelling reason why collocation it is not being proposed. H. Application when a wireless telecommunications facility is proposed for Town property, (1) New wireless telecommunications facilities and the collocation of such facilities shall be permitted only on the following properties owned by the Town: The Weaver Street firehouse The Maxwell Avenue site The Town owned building in Memorial Park Town owned parking lots Public rights -of -way The Ambulance Building on Weaver Street The Hommocks Ice Rink The Town Center The Senior Center and The Sheldrake Environmental Center (2) This section shall not be construed so as to create a right or entitlement to use Town property for a wireless telecommunications facility. IV Page 88 of 185 (3) Applications for a wireless telecommunications facility to be located upon Town - owned property must satisfy the same requirements and undergo the same type of review as a wireless telecommunications facility located on privately owned property must satisfy and undergo. (4) (a) Before the Building Inspector can issue a small wireless permit for a small wireless telecommunications facility or pole to be installed within the public right-of-way, a right of way agreement between the person or entity that will operate the small wireless telecommunications facility and the Town must be executed by both parties. (b) The term of the right of way agreement shall not exceed fifteen (15) years, shall contain the conditions imposed by the Planning Board when it granted the small wireless permit and require, among other things, that the operator maintain liability insurance with coverage for an amount that is reasonable under the circumstances. A form right of way agreement shall be maintained by the Building Department. (5) In addition to the fees, for a small wireless telecommunications facility permit, every small wireless telecommunications facility located in a right-of-way shall pay an annual fee for the use and occupancy of the right-of-way. I. Provisions applicable to applications for both macro wireless telecommunications facilities and small wireless telecommunications facilities (1) All proposed wireless telecommunications facilities (a) shall be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, (b) where appropriate, will employ stealth technologies as directed by the applicable municipal board (Town Board, Planning Board or Board of Appeals), and (c) will be designed, engineered and constructed so as to have the least -adverse visual and sonic effect on the environment, the character of the community and surrounding properties. (2) The Town Board, the Planning Board or the Board of Appeals may retain outside consultants, including, but not limited to, radio frequency engineers and other wireless telecommunications consultants to assist it in reviewing an application made pursuant to this section., The Board may require an applicant to establish, fund and replenish an escrow account to pay the fees and related costs incurred by the Board for outside consultants The outside consultant(s) will conduct an independent investigation and analysis of all applicable data relating to existing and proposed wireless telecommunications facilities, including whether there exists a considerable area(s) of less than reliable service in coverage and/or capacity and whether the proposed wireless telecommunications facility will improve service in the area(s) of less than reliable service. The outside consultant(s) also shall conduct an independent review and assessment of alternate sites and other technologies that may improve service in IWA Page 89 of 185 the area(s) of less reliable service and have a less intrusive impact upon the neighborhood than the site and/or the technology proposed by the applicant. J. Exemptions. (1) The following actions shall not require site plan approval or a small wireless permit: (a) a change in the dimensions of a wireless telecommunications facility if such change is not substantial. (b) a modification to, or the replacement of, an existing wireless telecommunications facility that does not substantially change the existing wireless telecommunications facility. (c) the repair and/or maintenance of an existing wireless telecommunications facility. (d) collocation; provided (a) the existing tower, building or structure to which the proposed antennae are to be mounted or installed has been granted all necessary approvals by the appropriate approving authorities, (b) was designed to receive the proposed collocation, (c) will not substantially increase the existing wireless support structure and (d) complies with the special permit and site plan approval (in the case of a macro wireless telecommunications facility) or the small wireless permit (in the case of a small wireless telecommunications facility) and all conditions attached thereto and would not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law, rule or regulation. (e) installation of a personal wireless telecommunications device designed for in -home or in -office use that either provides telecommunications or to boost an existing signal for telecommunications; provided that there are no installations outside the walls of the building in which the device is installed and that such device(s) shall be FCC approved to not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties . (2) The exempt actions described above shall require a building permit from the Building Inspector. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 181 Page 90 of 185 July15, 2022 Page 91 of 185 TONIGHT'S AGENDA Agenda Topics Survey Update Goals and Actions Discussion 4� m 'tow � • �_ � ' 3100000 SUMMER SURVEY RESULTS TO DATE (JULY - SEPTEMBER) Close to 600 people have taken the survey Publicized on: Social Media QRF code to share during pop-up events Email Strategic Flyers with QR code in local businesses/popular destinations Town website Expansion of multi -family apartment buildings in the town 20.00% Expansion of middle housing (2-4 family homes) in the 9.81 % town Expansion of accessory dwelling units (also know as in-law 7.92% apartments, granny flats, etc.) in the town Increase of opportunities for affordable homeownership 41.89% (smaller homes, condos, coops) 30.75% Increase in opportunities for affordable rentals Increase of racially and economically integrated 30.94% neighborhoods Increase of housing options for underserved populations 30.57% (ie: low-income, local workers, and those with disabilities) 42.64% Increase of affordable housing options for seniors 62.08% Reduction of residential property taxes 35.85% Protection of residents from housing discrimination 44.91 Restrictions on the permissible size of renovated homes 50.57% Preservation of neighborhood architectural styles Stronger consideration of service impacts of proposed 40.94% housing as part of approval process Increase in support for existing local businesses 62.64% Diversification of the Town's tax base 35.63% Expansion of pathways for economic 24.90% opportunities for lower -income families Attraction of more businesses and jobs 54.60% Increase of walkable mixed -use centers 51.53% Increase in the variety of retail stores 56.13% Well -maintained privately owned green spaces 44.64% and buildings Preservation of existing land use patterns and 33.72% built form Other (please specify) 9.58% Enhancement, expansion, better connection, safer, and better maintenance of pedestrian and bike 63.1 2% infrastructure throughout Town and especially around schools Increase in the repair and maintenance of roadways 66.92% Improvement in road safety especially on major 57.41 % roads and at key intersections Improvement in access to retail areas and circulation 27 00% within them. Expansion in access to parking around commercial 39.16% areas, recreation areas, and train station. Improvement of traffic congestion especially related 56.27% to school pick-ups and drop-offs Aesthetic enhancement of roads and parking areas 31.56% Expansion in transit connections between train station, 24.71 % neighborhoods, and Town destinations. 18.82% Other (please specify) Protection of wetlands, native habitat, flood plains, and 73.73% critical environmental areas from development 50.09% Protection against invasive vegetation Preservation and protection of existing trees on both public 60.79% and private lands Protection of water quality 81.24% Reduction of pollution and green -house gas emissions from 56.10% construction, building operations, and transportation. Reduction in noises related to yard maintenance and 42.59% construction Avoidance and mitigation of light pollution 31.14% Prevention, mitigation, and management of flooding from 80.30% storm events Expansion of community awareness on environmental and 36.02% climate change issues Reduction of household garbage 28.33% Reduction of visual blight from utility infrastructure 27.02% Other (please specify) 16.70% Maintenance and physical improvement of existing park, 80.65% recreation facilities and trails Creation of new and expanded facilities for all users 49.90% Expansion and improvement of community programming 37.07% for teens Expansion and improvement of community programming 32.79% for seniors Enhanced accessibility and affordability of recreation 39.31 % programs Other 14.05% Expansion and improvement of access to social 30.52% services Enhancement of multi-lingual access to information 24.30% about Town events, programs, and administrative changes Improvement of telecommunication services 27.71 Preservation of neighborhood safety 70.08% Continuation of access to a high -quality school 77.1 1 % system Increased awareness of Town's heritage, 33.73% development history and settlement patterns 7.63% Other Community Needs Assessment Community Workshops Survey Stakeholder Interviews Existing Conditions Assessment Adoption of Comprehensive Plan ■ Community Needs ■ Policy Framework ■ Actions ■ Implementation Plan Draft Policy Framework ■ Community Goals ■ Policies ■ Actions ✓ Implementation Steps Revised Policy Framework ■ Community Goals ■ Policies ■ Actions ✓ Implementation Steps GOAL The Desired Outcome / POLICY The Approach to Achieving the Goal ACTIONS Regulatory Changes, Physical Improvements, Operational Changes, Programming ENHANCE OPPORTUNITIES FOR COMMUNITY GATHERING Optimize functionality and diversity of community spaces and programming Improve physical condition of existing community spaces and build new places for gathering • Create a community room or center. • Build a public library to make library access easier for Town residents. • Create a safe space for young adults to gather, like a youth center with teen and young adult centered programming. • Renovate the senior center to accommodate greater breadth of community activities • Install wayfinding and information kiosks around historic sites. Provide new community programming for a diverse variety of residents • Offer and better publicize more community -building programs and seasonal events: (parades; music and movies in the parks during summer; window decorating). • Offer more sports programming for children to play and explore sports, such as spring hockey 10 camps. • Provide more enrichment programs for seniors like hobby groups and volunteer opportunities. • Ensure equitable access to Town recreational programs by underserved populations, possibly through a program funded by donations given with recreation fees. • Provide educational programming on Town history that includes acknowledgment of indigenous land settlement and celebration of key historic resources IMPLEMENTATION STEPS Specific Tasks for Carrying Forward An Action flftIgnore Community Needs Draft Policy Goals for One Person 0 Make Policy Goals Too Complex to Understand V Provide Redundant Policy Goals AFail to Link Policy Goals with Potential Actions Confuse Policy Goals with Potential Actions Lose Focus on Policy Goals as the Core of the Comprehensive Plan and Instead Fixate on Perfecting the Implementation Steps !` Try to secure Legislative Approval, Community Consensus and SEQRA compliance Jk for the Potential Action Plan instead of the Policy Goals. Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: September 21, 2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AAA Emergency Supply Co. Inc Fire extinguisher inspection & recharge, hydrotest, refill air cylinder, Scott parts & labor, POSI CHEK computer test 905.68 ASAP Shipping for uniform repair, 911 Emergency,Liberty Uniform 19.16 Bound Tree Medical LLC FinqertilD pulse oximeter, gloves, nasalspray, adrenalin & aspirin 761.76 Con Edison Fire HQ gas service 7 29-8 29 22 249.96 Chatsworth Cleaners Uniform cleaning - August 2022 299.30 Fire -End & Croker Corp6 Paul Conwayfire shields for probationary members 357.65 Grainger Foam sealant cream sheet metal screws cleaning supplies 169.51 Inkitu 36 longsleeve winter shirts 669.00 Sam's Landscaping Clean and seal apron - masterseal asphalt emulsion 1 350.00 Sound Shore Pest Control Exterminating services 9/1/22 70.00 The Flower Bar Wreath for Ex Chief Frank Cioffi funeral & September 11th 711.40 UniFirst CorpCleaning supplies - 8/12 8/19 8/26 9/2/22 726.97 Verizon TMFD 300M Fios Redundant circuit 8/25/22 289.99 WJWW 6" Metered Fire Service 7/26-8/25/22 37.00 Total $ 6,617.38 Page 92 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Appointment of New Civil Officers Date: September 16, 2022 Action Requested: Due to the passing of one of our long time civil officers, the Town is in need of additional civil officers to carry out this service. Attached is a resolution appointing two civil officers for your consideration. RESOLVED, that Tom Poretto is hereby appointed as Civil Officer of the Town of Mamaroneck to serve the remaining term of office of 2022, effective September 21, 2022 and terminating on December 31, 2022; BE IT FURTHER RESOLVED, that George Mgrditchian is hereby appointed as Civil Officer of the Town of Mamaroneck to serve remaining term of office of 2022, effective September 21, 2022 and terminating on December 31, 2022. Page 93 of 185 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org TO: Town Board and Supervisor FROM: Meredith S. Robson, Town Administrator DATE: September 16, 2022 SUBJECT: Waiving the Town's Marriage License Fee for Active Duty Members As requested by Town Clerk Alli May, we are hereby requesting the following action by the Town Board: WHEREAS, on August 20, 2019, the Governor passed a law waiving the State Fee on Marriage Licenses for active duty members of the Armed Forces, and WHEREAS, Domestic Relations Law Section 15, Subdivision 4 states that the Town may elect to waive the portion of the fee to which the Town is entitled, and WHEREAS, the Town of Mamaroneck desires to waive the portion of the marriage license fee, to which the Town is entitled, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby waives the portion of the marriage license fee, to which the Town is entitled, for active duty members of the Armed Forces of the United States. Page 94 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Review - Declaration and Sale of Surplus Equipment Date: September 16, 2022 Action Requested: Attached please find a list of equipment from Tracy Yogman regarding the designation and sale of surplus equipment. We are requesting the following action by the Board: Resolved, that the Town Board hereby approves the designation of these items as surplus and authorizes their sale or disposal. Attachments: 2022 Vehicle Sumlus Page 95 of 185 Surplus list 2022 Fleet 812008 Dodge Caravan 2D84W44H78R752695 47,000 Miles Fleet 116 1999 Mack RD688S 1M2P296C7X2042419 82,000 Miles Fleet 179 2007 Cam Split Deck Trailer 5J9BU19267PO16766 13,800 LBS Fleet 193 1998 Zamboni Serial # 6082 5080hrs Fleet 199 1985 Mack MR685P 1M2K125C2FM008652 48,000 Miles Fleet 38 2012 Chevy Tahoe 1GNSK2EOXCR299592 43,000 Miles Fleet 76 2001 Chevy 3500 Bus 10 Pass 1GBJ31R411125792 58,000 miles Fleet 36 2011 Ford Crown Vic 2FABP7BV1BX158086 58,000 Miles Fleet 213 1997 John Deere Model 935 riding mower MOF935X186968 4200HRS Fleet 7 Total and pickup by Insurance Company Page 96 of 185 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org TO: Town Board and Supervisor FROM: Meredith S. Robson, Town Administrator DATE: September 16, 2022 SUBJECT: Distance for Mailing Notices of Land Use Applications Attached please find memos from Richard Polcari and Bill Maker and a draft local law regarding the mailing notices for land use applications. Based on the attached information from Rich and Bill, we are requesting that the following resolution be approved. Resolved, that the Town Board hereby sets the public hearing for October 21, 2022 for the local law entitled "Contraction of the Mailing Area for Notification in Land Use Applications" and further requests that the draft local law be sent to the Planning Board for review and comment. Page 97 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org Date: September 9, 2022 To: Town Board and Supervisor From: Richard Polcari, Building Inspector CC: Meredith S. RobsonTown Administrator CC: William Maker Jr.Town Attorney Subject: Distance for Mailing Notices for Land Use Applications General: At the Zoning Board meeting on May 25, 2022, the board discussed the mailing area that is required by the Code of the Town of Mamaroneck for R-15, R-20, R-30 or R-50 Zoning Districts. The current requirement is 1500 liner feet from the subject property. This can cause some properties in town to have to mail notices to 300 or more properties. There are no towns or villages in the area that have a requirement of more then a 500 foot radius. -Village of Mamaroneck — 400' -Village of Larchmont — 500' for a use variance 250' for an area variance -City of Rye — 300' -Village of Rye Brook — 250' -Village of Scarsdale — 200' The current mailing area for any other district in the town is 300'. The Zoning Board would like to see the 1500' requirement reduced to 300'. Page 98 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ATTORNEY To: From: CC: Re: Date: Action Requested: TEL: (914) 381-7815 FAX: (914) 381-7809 wmaker r@townofmamaroneckNY.org Supervisor and Town Board William Maker Jr., Town Attorney Meredith S. Robson, Town Administrator Richard Polcari, Building Inspector Distance for Mailing Notices for Land Use Applications September 9, 2022 I attach a proposed local law that if adopted, will make the range for mailing notice of land use applications a uniform 300 feet. This proposal was triggered by a discussion at a Board of Appeals meeting when that Board realized that under certain circumstances, the current range for mailing notice of 1,500 feet in the R-15, the R-20, the R-30 and the R-50 districts can result in over 300 mailings. The Building Inspector researched the notification distances in nearby communities and prepared the attached memorandum of his findings. His research revealed that the range for mailings varied from 200 feet to 500 feet for use variances in Larchmont. He and the Board of Appeals would like to see the notification by mail range become a uniform 300 feet. That is the distance for notification by mail in all the other zoning districts. Although not required, since the Board of Appeals and the Building Inspector have expressed an opinion on this topic, may I suggest that if this Board is inclined to modify the mailing requirement, it forward the proposed local law to the Planning Board with a request that it opine. Page 99 of 185 Local Law No. - 2022 This local law shall be known as the "Contraction of the Mailing Area for Notification in Land Use Applications" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: In 2013, the Town Board passed Local Law No. 7 of 2013. That law divided the range for notification of land use applications into two components: a 300-foot range for properties in zoning districts other than the R-15, the R-20, the R-30 and the R-50 districts and a 1,500-foot range in the R-15, the R-20, the R-30 and the R-50 districts. This latter range has resulted in applicants, at times, having to mail notices to 300 or more properties. This number of notices is excessive. This law makes 330 feet the range of notification for all land use applications. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 144-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: MAILING AREA 300 linear feet from each of the lot lines and corners of the subject property. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. September 9, 2022 Page 100 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Model Code for Flood Damage Prevention Date: September 16, 2022 Action Requested: Attached please find a memo from Richard Polcari regarding the DEC revised Flood Insurance Rate Maps (FIRM) and a Letter of Map Revision (LOMR). After a review of the Town's local law, he found it to be outdated. Resolved that the Town Board hereby accepts the model code and sets a public hearing for October 3, 2022. Page 101 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org Date: September 16, 2022 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Model Code for Flood Damage Prevention General: The Town received an email for the DEC indicating that the revised the Flood Insurance Rate Maps (FIRM) and issued a Letter of Map Revision (LOMR). That triggered a review the Towns Local Law 98 of 2007 and found that the local law was outdated and recommended the adoption of the model local law. After reviewing the model law provided by the DEC it is my recommendation that the board accepts the model code. This would need to go to a public hearing prior to being adopted. Attachment/s: Memo S1yle_Redacted MamaroneckT 360917 ModelLocalLaw Flood Blain directions MamaroneckT_360917_ModelLocalLaw Flood plain_ Page 102 of 185 Margaret Delohery To: Polcari, Richard Subject: RE: Mamaroneck (T) 360917 Letter of Map Revision (LOMR) 22-02-0217P From: Sawyer, Bailey A (DEC) r Sent: Tuesday, June 28, 2022 9:38 AM To: Eney, Jaine Elkind Supervisor@TownofMamaroneckNY.orj>; Town Clerk rTownClerk@TownofMamaroneckNY.org>; BuildingDept<BuildingDept@TownofMamaroneckNY.org> Cc: Higgins -Roche, Kelli A (DEC) Gonfa, Berhanu Wenskoski, Brad (DEC) > Subject: Mamaroneck (T) 360917 Letter of Map Revision (LOMR) 22-02-0217P Dear Supervisor Eney: In accordance with the referenced Letter of Map Revision (LOMR), the Flood Insurance Rate Maps (FIRM) for map panel number 36119C0342F, effective September 28, 2007, has been revised. This is a physical change to the municipality's Flood Insurance Rate Map (FIRM). It increases the Base Flood Elevation (BFE) and results in zone changes from Zone VE to Zone A❑ (this changes BFE to depths in Zone AO locations), Zone VE to Zone X (shaded), and Zone AE to Zone X (shaded) for the Long Island Sound. The town is required to adopt the LOMR to maintain National Flood Insurance Program (NFIP) participation. After review of the local floodplain management regulations adopted by your community in Flood Damage Prevention Local Law #8 of 2007 and given the recent changes to the New York Building Codes, we strongly recommend replacement of existing floodpliain management regulations by repealing your existing local law and enacting the attached new model local law. The model has been updated to include state program changes made since the adoption of your existing regulations. Please complete the model local law per the instructions. Note that Section 3.2 has already been completed to correctly reference the revised FIRM panels. However, please be sure to verify the location where the Flood Insurance Study and map panels are kept on file for public access is up to date. The model local law reflects minimum NFIP regulatory standards. We have also provided optional additional language that your community may wish, to adopt to increase resistance to flood damages. Furthermore, these additional provisions can potentially earn points in FEMA's Community Rating System (CRS) program, which provides discounts to all flood insurance policy holders in communities that go above and beyond the minimum NFIP requirements for floodplaiin management. For more information on how to apply for the CRS, contact our office. Before adopting the law, please provide a draft copy for our review. To allow for a complete review, provide a draft copy to this office no later than ninety (90) days prior to the effective date of the LOMR. The local law needs to be adopted by the community thirty (30) days prior to the effective date of the LOMR to avoid suspension eligibility, and by the effective date to avoid suspension. To summarize, the key dates in the map adoption process are as follows: Date the LOMR was issued: June 1, 2022 180 days prior to effective date Page 103 of 185 Deadline for Draft Local Law 90 days prior to September 2 2022 Submitted to DEC for Review: effective date Deadline for the Local Law to be adopted by the 30 days prior to November 12022 , Community to prevent effective date suspension eligibility: Deadline for Local Law be adopted by community and December 1, 2022 Effective date of approved by DEC & FEMA to LOMR avoid suspension: FEMA Suspension Date if Local Law is not adopted by December 2, 2022 Suspension date community and approved by DEC & FEMA: If you have any questions about the amendment process, or wish to discuss floodplain management in general, feel free to contact me directly. Sincerely, Bailey Sawyer (shelher) Environmental Program Specialist, Floodplain Management Bureau of Flood Protection and Dam Safety Division of Water New York State Department of Environmental Conservation 625 Broadway, Albany, NY 12233 wew Department of _ YD11 5TATE Environmental `a Conservation +qw Page 104 of 185 July, 2021 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION LOCAL LAW FOR FLOOD DAMAGE PREVENTION INSTRUCTIONS The attached MODEL LOCAL LAW is designed to comply with the floodplain management require- ments of the National Flood Insurance Program contained in 44 CFR 60.3 (b, c, & d). The Department of Environmental Conservation (DEC) has included several optional administrative provisions in the MODEL LOCAL LAW which are strongly recommended for proper administration. Any changes made to this MODEL should be reviewed by the community's attorney and either the DEC or the Federal Emergency Management Agency (FEMA) before enacting. DEC and FEMA must be pro- vided a list of any changes to this model at the time of filing. Department of State Filing Forms - insert all required information. Blank Local Law Filing Forms, including instructions and an online interactive version, can be found at ho2s://www.dos.ny.gov/lg. The following sections must be completed by the community: Page 1, Sect. 1.1 - Insert legislative body and the name of the community twice. Sect. 3.2 — If you are enacting this Local Law to comply with FEMA requirements associated with new community or county Flood Insurance Rate Maps, the Department of Environmental Conservation will include in this package a replacement Page 7 with the mapping information filled out. Simply insert the name of the community in Section 3.1 and insert the location where the Flood Insurance Study and/or maps are on file. Otherwise, follow the instructions for Page 7, below. Sect. 3.1 - Insert the name of the community. Sect. 3.2 - Complete (1) through (5) as necessary, according to the documents your community has been furnished by the Federal Emergency Management Agency (FEMA). Cross out or delete any unused sub- sections. Documents you may have received are: (a) Flood Insurance Study report --a brown or buff colored booklet, which contains technical data on flooding in the community; (b) Flood Insurance Rate Map (FIRM) --a map in either an 11"x17" flat or a Z-fold (road map style) format. If the map consists of more than one panel, an index panel is usually included. The FIRM shows locations of areas of special flood hazard in the community; and, (c) Flood Boundary and Floodway Map (FBFM)--a Z-folded sheet that shows the location of floodways in the community. If your community received only a single FIRM map, fill in (1). The community number, a six digit number whose first two digits are 36, is required and is found in the lower right corner of the FIRM. The community number may also have a letter suffix, which should also be included. Also include the "effective date" shown on the map. If you received a FIRM map with more than one panel, fill in (2). Be sure to show the community num- ber and the panel numbers (e.g., 361540 0001-0025) and the letter suffix, if one is shown. Also include the "effective date" shown on the index panel. If you received a Flood Insurance Study report, fill in (3) with the community name, name of your county(s) as shown on the report and date. Page 105 of 185 If you received a single FBFM, fill in (4). If your community received a FBFM with multiple panels, fill in (5) with data from the index sheet If you are unsure what documents were sent to you, contact the DEC Regional Coordinator for your county or the DEC Central Office (listed on page iv). Sect. 3.2 — Insert the local location where the Flood Insurance Study and maps are on file. (e.g. Town/Village Offices, Clerk's office) Sect. 3.5 — Insert the name of the community. Sect. 3.6 — Insert the name of the community. Sect. 4.1 - Insert the title or office of the individual or group responsible for administering the local law, such as the Building Inspector, Code Enforcement Officer or Planning Board. May not be the same as Sect. 6.1(1). Sect. 4.2-2 - Insert fee amount (if so desired) and community name. Sect. 5.1-2 — Insert the name of the community Sect. 5.1-3 - Insert the name of the community in the six blanks. Sect. 6.1(1) - Insert the name of the appeals board (in many instances the Zoning Board of Appeals serves this role). It may be necessary to create a 3-5 person board to fulfill these duties. In accordance with Town/Village/City Law, for floodplain management provisions integrated into zoning regula- tions, the appeals board may neither be the Town/Village/City Board, nor have any common members, nor be the same body as named in Sect. 4.1. Sect. 6.1(2) - Insert the name of the appeals board. Sect. 6.1(3) - Same as 6.1(2). Sect. 6.1(4) - Same as 6.1(2). Sect. 6.1(5) - Same as 6.1(2). Page Following Section 6.0: Insert date of enactment, the names of the governing body, community and county, and the date on which the law becomes effective. Attachment "A" (4 pages) to this document provides a recommended "Floodplain Development Permit Application" form. This form or its equivalent must be used in conjunction with Section 4.2 of this model local law. Attachment "B" (1 page) to this document provides a recommended "Certificate of Compliance for Development in a Special Flood Hazard Area." This form or its equivalent should be used in conjunc- tion with Section 4.4-7 of this model local law. Please contact one of the DEC Central Office Program Coordinators listed on page iv should you have any questions about filling in the blanks or if you find any errors or omissions to these instruc- tions, content, or attachments. Optional Language is provided should your community wish to enact additional requirements to in- crease the level of safety. Note that many of these options result in points that can result in discounts on flood insurance premiums within communities that participate in FEMA's Community Rating System. Contact DEC for information about the Community Rating System. 2 Page 106 of 185 NOTE: This document must be adopted in a manner that is legally enforceable. File the indicated number of certified copies with each of the offices listed below. Follow all instructions and use the official filing form. 1. SECRETARY OF STATE (1 copy) State Records and Law Bureau Department of State One Commerce Plaza Albany, New York 12231 2. DEC CENTRAL OFFICE (1 copy)* NYS Department of Environmental Conservation Floodplain Management Section Attn: Brad Wenskoski 625 Broadway, 4t' Floor Albany, NY 12233-3504 (518) 402-8185 *Please submit one copy of the "Local Law Acknowledgement" to the DEC Central Office upon receipt from the Department of State. However, to expedite approval of your Local Law, please send a copy of the Local Law to the DEC Central Office immediately upon passage, prior to receipt of the "Local Law Acknowledgement." If your community is applying for participation in the NFIP, also include the Enabling Resolution and the NFIP Application. Page 107 of 185 New York State Department of Environmental Conservation Bureau of FloodProtectibnandDam Safety 625 Broadway, 41h Floor, Albany, NY12233-3504 (518) 402-8185 Floodplain Management Coordinators Central Office Floodplain Management Coordinators: Main Number, 518-402-8185 kelli Higgins -Roche, PE, CFM: 518-408-0340 NYS NFIP Coordinator kelli.higgins- roche@dec. ny.gov Vacant Lead for Regions 1— 4 518-402-8185 Brad Wenskoski, CFM: Lead for Regions 5 — 6 518-402-8280 Env Program Spec. 1 brad.wensko- ski@dec.ny.gov Mary Martin: Lead for Outreach & CTP 518-408-5511 Env Program Spec. 1 mary.mar- tin@dec.nv.gov Geoff Golick: Lead for Engineering 518-402-7350 Assistant Env Engineer geoffreV.gol- ick@dec.nV.gov Bailey Sawyer: Floodplain Coordinator 518-402-9148 Env Program Spec. 1 bailey.saw- yer@dec. ny.gov Western NY Flood Hub Floodplain Management Coordinators, Assisting with Regions 6-9 Karis Manning, PE: 585-226-5445 Chief, Western Flood Hub karis.man- ning@dec.ny.gov Brienna Wirley, CFM: Lead for Regions 7 — 9 585-226-5465 Env Program Spec. 1 bri- enna.wirlev@dec.nv.gov John Russell: Regions 7-9 585-226-5327 Assistant Env Engineer john.rus- se112@dec.nV.gov Regional Floodplain Management Coordinators Region Counties Regional Office Address Floodplain Management Co- ordinator 1 Nassau & Suffolk NYS DEC Region 1 Eric Star (631) 444-0423 SUNY @ Stony Brook Ryan Porciello (631) 444-0425 50 Circle Road eric.star@dec.nv.gov Stony Brook, NY 11790 rvan.Porciello(cDdec.nv.Rov NYS DEC Region 2 Jean Occidental 2 Bronx, Kings, New York, Queens & Richmond 1 Hunters Point Plaza (718) 482-4935 4740 21st Street 1ean.occidental@dec.ny.g2v Long Island City, NY 11101 NYS DEC Region 3 Berhanu Gonfa, PE 3 South Westchester, Rockland 100 Hillside Ave. (914) 428-2505 White Plains, NY 10603 berhanu.F_onfaPdec.nv.Ljov 3 North Dutchess, Orange, Putnam, Sullivan, & Ulster NYS DEC Region 3 Contact: 21 S. Putt Corners Rd. Vacant New Paltz, NY 12561 Contact Central Office 4 Albany, Columbia, Delaware, Greene, Montgom- NYS DEC Region 4 Contact: ery, Otsego, Rensselaer, Schenectady & Schoharie 1130 North Westcott Road, David Sherman Schenectady, NY 12306 (518) 357-2379 david.sherman@dec.ny.gov NYS DEC Region 5 Contact: 5 South Jefferson, Fulton, Hamilton, Saratoga, Warren & 232 Hudson St. Brad Wenskoski, CFM (Central Office) Washington Warrensburg, NY 12885 NYS DEC Region 5 Mary Binder, CFM 5 North Clinton, Franklin, & Essex 232 Hudson St. (315) 705-3038 Warrensburg, NY 12885 mary.binder@dec.nv.gov NYS DEC Region 6 Dan Hayes 6 South Herkimer and Oneida 207 Genesee Street (315) 793-2358 Utica, NY 13501 daniel.haves@dec.ny.gov NYS DEC Region 6 Mary Binder, CFM 6 North Lewis, Oneida, St. Lawrence 317 Washington Street (315) 705-3038 Watertown, NY 13601 mary.binder@dec.ny.gov El Page 108 of 185 Broome and Tioga: Ben lead NYS DEC, Region 7 Ben Grtain Plowe, PE 7 South Chenango, Tompkins, and Cortland: Dan lead 1679 NY Route 11 Dan Fuller, PE Kirkwood, NY 13795 (607) 775-2545 benlamin.girtainplowe@dec.ny.gov daniel.fuller(cDdec.nv.Ljov 7 North Cayuga, Madison, Onondaga & Oswego NYS DEC, Region 7 Contact: 615 Erie Blvd. West Brienha Wirley, CFM (Flood Hub) Syracuse, NY 13204 8 South NYS DEC, Region 8 Brad Chaffee Chemung, Schuyler, Southern Seneca, & Steuben 100 N. Main St., Suite 104 (607) 732-2214 Elmira, NY 14901 bradly.chaffee@dec.ny.gov 8 North Genesee, Livingston, Monroe, Ontario, Orleans, NYS DEC, Region 8 Jonathan Tamargo Northern Seneca, Wayne & Yates 6274 E. Avon -Lima Rd. (585) 226-5451 Avon, NY 14414 tamarRoPdec.nv.Rov llegany, Cattaraugus, Chautauqua, Erie, Niagara AE:1 NYS DEC, Region 9 Contact: & Wyoming 270 Michigan Ave. Brienna Wirley, CFM (Flood Hub) Buffalo, NY 14203-2999 Page 109 of 185 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 Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facili- ties, 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 haz- ards, 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 pro- tected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and 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 un- dertaken at the expense of the general public; Page 110 of 185 (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. 2 Page 111 of 185 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 appli- cation. "Accessory Structure" is a structure used solely for parking (two -car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "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 Insur- ance 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 per- cent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or VI-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 hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling opera- tions 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 build- ing in Zones V 1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the Page 112 of 185 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 in- tegrity 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 an- ticipated 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 abnor- mal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as de- fined 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 determi- nation of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Fed- eral 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 pre- mium 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"). N Page 113 of 185 "Floodproofing" means any combination of structural and non-structural additions, changes, or adjust- ments to structures which reduce or eliminate flood damage to real estate or improved real property, wa- ter 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 lo- cated or carried out in close proximity to water, such as a docking or port facility necessary for the load- ing and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not in- clude long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construc- tion, 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 lo- cal 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 or cellar). An un- finished 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 enclo- sure is not built so as to render the structure in violation of the applicable non -elevation design require- ments 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" 5 Page 114 of 185 "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 da- tum, 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 subse- quent 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, ex- cluding 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 sur- face 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 im- provements to existing structures, provided that actual start of construction, repair, reconstruction, reha- bilitation, 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 con- struction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or fill- ing), or the installation of streets or walkways, or excavation for a basement, footings, piers or founda- tions, 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. 0 Page 115 of 185 "Structure" means a walled and roofed building, including a gas or liquid storage tank that is princi- pally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor- ing the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "sub- stantial 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. "Violation" means the failure of a structure or other development to be fully compliant with the com- munity's flood plain management regulations. 7 Page 116 of 185 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 Mamaroneck. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Mamaroneck, Community Number 360917 are identified and defined on the following documents prepared by the Federal Emergency Manage- ment Agency: (1) Flood Insurance Rate Map Panel Numbers: 36119C0332F, 36119C0334F, 36119C0342F, 36119C0351F, 36119C0353F, 36119CO361F whose effective date is 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, Westchester County, New York, All Jurisdictions" dated September 28, 2007. (3) Letter of Map Revision (LOMR), Case No.: 22-02-0217P, effective December 1, 2022, revising FIRM panel: 36119C0342F, 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: 740 West Boston Post Road, Mamaroneck, NY 10543. 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage preven- tion. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most 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. Page 117 of 185 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 noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Mamaroneck 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 Man- agement 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 oc- cur 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 Mamaroneck, 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 ad- ministrative decision lawfully made there under. 9 Page 118 of 185 SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Town Engineer or his/her designee 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 devel- opment 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 un- dertake any development in an area of special flood hazard, as shown on the Flood Insur- ance 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 na- ture, location, dimensions, and elevations of the area in question; existing or proposed struc- tures, 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 $ 250.00. In addition, the applicant shall be responsible for reimbursing the Town of Mamaroneck 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 base- ment or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. 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, of the lowest floor (including base- ment or cellar) of any new or substantially improved non-residential structure to be located in Zones Al-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. 10 Page 119 of 185 (3) The proposed elevation, in relation to mean sea level, to which any new or substantially im- proved 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. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (5) 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-RESIDEN- TIAL STRUCTURES. (6) 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 sub- mitted 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, compu- tations 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 Administra- tor, 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. (7) A technical analysis, by a licensed professional engineer, if required by the Local Adminis- trator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) 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 vehi- cle 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 issu- ing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of sub- section 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 11 Page 120 of 185 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 in- creased 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 Fed- eral, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other pro- posed 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 estab- lish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 3.2, the Local Administrator may reasonably uti- lize the other flood information to enforce more restrictive development standards. 4.4-3 ALTERATION OF WATERCOURSES (1) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relo- cation of a watercourse, and submit evidence of such notification to the Regional Ad- ministrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished. 12 Page 121 of 185 4.4-4 CONSTRUCTION STAGE (1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are avail- able, 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 recrea- tional 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 sub- mitted. 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 in- spections 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 flood - plain 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 flood - plain 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 compli- ance has been issued by the Local Administrator stating that the building or land con- forms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfac- tory completion of all development in areas of special flood hazard. 13 Page 122 of 185 (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 follow- ing: (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 base- ment; (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 WATERCOURSES. 14 Page 123 of 185 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 develop- ment in areas of special flood hazard (including proposals for manufactured home and recre- ational 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 Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed devel- opment, 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 Mamaroneck agrees to apply to the Federal Emergency Man- agement Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and map- ping and reimburse the Town of Mamaroneck for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Flood - way Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construc- tion, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with 15 Page 124 of 185 standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Man- agement Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, anal- yses and mapping and reimburses the Town of Mamaroneck 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 Mamaroneck for all costs related to the final map revisions. (3) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town of Walworth shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. 5.2 STANDARDS FOR ALL STRUCTURES 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. 5.2-1 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 re- sisting 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 us- ing methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE, AO or A, 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 follow- ing minimum criteria: 16 Page 125 of 185 (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest ad- jacent finished grade and; (iii) openings not less than three inches in any direction. 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 least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet lo- cations; (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 elimi- nate infiltration of flood waters. Sanitary sewer and storm drainage systems for build- ings that have openings below the base flood elevation shall be provided with auto- matic 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 con- tamination from them during flooding. 5.2-4 STORAGE TANKS (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral move- ment during conditions of the base flood. (2) Above -ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; 17 Page 126 of 185 b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards apply to new and substantially improved residential structures lo- cated in areas of special flood hazard, 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 Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (3) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: a. Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard or: b. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be under- taken by a registered design professional who shall be documented that the tech- nical methods used reflect currently accepted engineering practice. Studies, anal- yses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the low- est floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths 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 located in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Sec- tion 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are availa- ble, new construction and substantial improvements of any non-residential structure shall either: IV Page 127 of 185 (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 elevation, including attendant utility and sanitary facilities, with walls substan- tially 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 struc- tures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three 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 de- velop and/or review structural design, specifications, and plans for construction. A Flood - proofing 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 spe- cial flood hazard. (1) Recreational vehicles placed on sites within Zones AI-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). 19 Page 128 of 185 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is at- tached to the site only by quick disconnect type utilities and security devices and has no per- manently attached additions. (2) A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood ele- vation and is securely anchored to an adequately anchored foundation system to resist flota- tion, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be ele- vated 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 plus two feet (at least three feet if no depth number is specified). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 5.2-1, ANCHORING. 5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. (1) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards of Section 5.2-1, ANCHORING, (2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are availa- ble, areas below two feet above the base flood elevation shall be constructed using methods and practices that minimize flood damage. (3) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (4) Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters in accordance with Section 5.2-2(3). (5) Utilities must meet the requirements of Section 5.2-3, UTILITIES. 20 Page 129 of 185 SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Planning Board as established by the Town of Mamaroneck shall hear and decide ap- peals and requests for variances from the requirements of this local law. (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Su- preme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Planning board, shall consider all technical evalua- tions, 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 commu- nity; (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 21 Page 130 of 185 (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Planning Board may attach such conditions to the granting of variances as it deems neces- sary 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 ex- isting 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 determi- nation that: (i) the proposed repair or rehabilitation will not preclude the structure's continued des- ignation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and de- sign of the structure. (3) Variances may be issued by a community for new construction and substantial improve- ments 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; and (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 neces- sary, 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; 22 Page 131 of 185 (ii) a determination that failure to grant the variance would result in exceptional hard- ship 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 nui- sances, 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. 23 Page 132 of 185 Be it enacted this day of , 20 by the of the to be effective SEAL ATTEST County, New York, CLERK 24 Page 133 of 185 Attachment A MODEL FLOODPLAIN DEVELOPMENT APPLICATION FORM Page 134 of 185 APPLICATION # FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign): Page 1 of 4 No work may start until a permit is issued. The permit may be revoked if any false statements are made herein. If revoked, all work must cease until permit is re -issued. Development shall not be used or occupied until a Certificate of Compliance is issued. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issu- ance. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory require- ments. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE. (APPLICANT'S SIGNATURE) DATE SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT) NAME ADDRESS TELEPHONE APPLICANT BUILDER ENGI- NEER PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location. Pro- vide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersect- ing road or well-known landmark. A map attached to this application, and a sketch showing the project layout would be helpful. 11 Page 135 of 185 APPLICATION # DESCRIPTION OF WORK (Check all applicable boxes): A. STRUCTURAL DEVELOPMENT ACTIVITY STRUCTURE TYPE ❑ New Structure ❑ Residential (1-4 Family) ❑ Addition ❑ Residential (More than 4 Family) ❑ Alteration ❑ Non-residential (Floodproofing? ❑ Yes ❑ No) ❑ Relocation ❑ Combined Use (Residential & Commercial) ❑ Demolition ❑ Manufactured (Mobile) Home ❑ Replacement (In Manufactured Home Park? ❑ Yes ❑ No) ESTIMATED COST OF PROJECT $ B. OTHER DEVELOPMENT ACTIVITIES: Fill ❑ Mining ❑ Drilling ❑ Grading Excavation (Except for Structural Development Checked Above) Watercourse Alteration (Including Dredging and Channel Modifications) Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds Road, Street or Bridge Construction Subdivision (New or Expansion) Individual Water or Sewer System Other (Please Specify) After completing SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR) The proposed development is located on FIRM Panel No. , Dated The Proposed Development: SIGNED ❑ The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X. ❑ The proposed development is in adjacent to a flood prone area. 100-Year flood elevation at the site is: Ft. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) ❑ Unavailable ❑ See Section 4 for additional instructions for development that is or may be in a flood prone area. DATE PAGE 2 of 4 iii Page 136 of 185 APPLICATION # PAGE 3 of 4 SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed: ❑ A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and pro- posed development. ❑ Development plans and specifications, drawn to scale, including where applicable: details for anchoring struc- tures, proposed elevation of lowest floor (including basement), types of water resistant materials used below the first floor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor, openings in foundation for entry and exit of floodwaters. Other ❑ Elevation Certificate ❑ Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise availa- ble). ❑ Plans showing the watercourse location, proposed relocations, Floodway location. ❑ Topographic information showing existing and proposed grades, location of all proposed fill. ❑ Top of new fill elevation ❑ PE Certification of Soil Compaction Ft. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) ❑ Floodproofing protection level (non-residential only) ❑ NGVD 1929/ ❑ NAVD 1988 (MSL) For floodproofed structures, applicant must attach certification from registered engineer or architect. ❑ Other: SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR) I have determined that the proposed activity: A. ❑ Is B. ❑ Is not in conformance with provisions of Local Law # , (yr) . This permit is herby issued subject to the condi- tions attached to and made part of this permit. SIGNED DATE If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. Expiration Date: 1V Page 137 of 185 APPLICATION # Page 4 of 4 APPEALS: Appealed to Board of Appeals? ❑ Yes ❑ No Hearing date: Appeals Board Decision --- Approved? ❑ Yes ❑ No Conditions: SECTION 6: AS -BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued) The following information must be provided for project structures. This section must be completed by a registered profes- sional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As -Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bot- tom of lowest structural member of the lowest floor, excluding piling and columns) is: FT. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL). Attach Elevation Certificate FEMA Form 81-31 2. Actual (As -Built) Elevation of floodproofing protection is FT. ❑ NGVD 1929/ ❑ NAVD 1988 (MSL). Attach Floodproofmg Certificate FEMA Form 81-65 NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure com- pliance with the community's local law for flood damage prevention. INSPECTIONS: DATE BY DEFICIENCIES? ❑ YES ❑ NO DATE BY DEFICIENCIES? ❑ YES ❑ NO DATE BY DEFICIENCIES? ❑ YES ❑ NO SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) Certificate of Compliance issued: DA m V Page 138 of 185 Attachment B SAMPLE CERTIFICATE OF COMPLIANCE for Development in a Special Flood Hazard Area Page 139 of 185 CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (Owner Must Retain This Certificate) Premises located at: Owner: Owner's Address: Permit No. Permit Date: Check One _New Building _Existing Building _Fill Other: The Local Floodplain Administrator is to complete a. or b. below: a. Compliance is hereby certified with the requirements of Local Law No. , (yr) . Signed: Dated: b. Compliance is hereby certified with the requirements of Local Law No. , (yr) , as modi- fied by variance no. , dated Signed: Dated: Page 140 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Building Department Fees Date: September 16, 2022 Action Requested: Attached please find a memo from Richard Polcari regarding the Building Department fees. We are requesting the following action by the Board: Resolved that the Town Board hereby sets a public hearing for October 3, 2022 to revise Chapter A250 Fee Schedule. Page 141 of 185 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 16, 2022 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Building Department Fees General: TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org A review of the Building Departments current fees was conducted. The Inspectors spend a great deal of time reviewing plans and working with applicants to bring an application to a permit. To compensate for this, I am requesting that we collect the permit fee up front allowing for a 50% refund if the application or permit is canceled prior to any work being performed. Many times, work is performed without the benefit of a building permit or proper inspections. In these cases, we require legalization of the work performed. Currently we charge double the permit fee. This is low compared to surrounding Towns. To simplify the fee schedule, I would like to standardize the fees where I can. The permit renewal process has proved to be a burden on residents a simple percentage or set amount (whichever is less) would be a better solution then what currently exists. Finally, at this time we do not have a permit fee for electrical permits and it would be beneficial to keep track of service upgrades, electric charging stations, installation of lighting, etc Attachments: Building fees 09.15.2022 draft alt Page 142 of 185 BUILDING DEPARTMENT Proposed Fee Schedule Building Permit fees are based on the TOTAL VALUATION of construction: Permit Fee! Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 Permit fee due at time of filing. 50% refund for canceled permits as long as work has not been started. If work is started or completed prior to the issuance of a permit (Legalization) - $1000.00 plus three times the permit fee for habitable space - $500.00 plus three times the permit fee for non -habitable space; i.e. sheds, decks Certificate of Occupancy and Letter of Compliance for all permits unless otherwise noted: Or-igioa1 Certificate of Occupancy , Residential additions,all1 aeeessel=ystftlEttrres ... $100.00 Original ro.- ifieate f Oee,,r,,aey for- all others Letter of Completion $100.00 Temporary Certificate of Occupancy (three month) ....... $300.00 $500.00 Plus Bond as required by Building Inspector Temp CO does not put a hold on the permit expiration date or the need to keep the permit active. Permit Renewal: 1/12 of the original building permit fee multiplied by the number- of months to be extended-, but in no ease to be less than $500 Residential permit renewals 50% the original permit fee or $1000.00 whichever is less, for six (6) months. Commercial permit renewals 50% the original permit fee or $1500.00 whichever is less, for six (6) months. Amended plans (after permit has been issued): Reinspection fee (for second failed inspection): $150.00 $50.00 To Demolish Residelitial ..ffie $100.00 tis.. per-..... Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 Page 143 of 185 Solar: Sims: PNI Systems "to 4K3 I Q200.00 DrV Systems ->-I0K3Arto 50K3x7 e400 nn ,,1„s $25 per- u�� 1�I Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 For erecting, placing, or painting a new sign ............ $150.00 For altering, reconstructing, enlarging, or relocating on the same premises, an existing sign ................. $150.00 $100.00 Temporary signs as approved by the Building Department $100.00 Temporary signs as approved by the Town Board ......... $200.00 Mechanical Rock Removal: $125.00 for first $1000.00 plus $25.00 per $1000.00 Blasting Permit: $350.00 Commercial fee $125.00 for first $1000.00 plus $25.00 per $1000.00 Residential fee $100.00 for first $1000.00 plus $17.00 per $1000.00 (Bond in the amount of $100,000.00 as well as public liability insurance naming the Town of Mamaroneck as co-insured in an aggregate amount of not less than Two Million ($2,000,000.00) dollars to accompany application Temporary Tent permit: Plumbing Fees: $100.00 Residential...... $100.00 for first $1000.00 plus $17.00 per $1000.00 Commercial.. $150.00 fling fee p1„s $125.00 for first $1000.00 plus $25.00 per $1000.00 Gas Pipings Test ................................ $100.00 EaEh oil btimer-, hotir-ly r-a4ed eap:aE-ity " to 2 gallens.... P00.00 Over- 2gal1 ns a*d „p to 10 gal ns N 1 cn.0o Oil burners are part of a plumbing permit. Electrical permit: (includes LOC fee) $100.00 Page 144 of 185 Last revised 09/14/2 2 RP Storage Tank Installation: _ eee7:fr:�:t�r.T.�f f . .. .. I't .. ... ... 11 .... .... .... ..... $150 permit fee Removal or Abandonment of a Storage Tank: ee ele e 5 Records: File Searches (File Review) and Pre -date Letter.. Files copied to electronic format ........................ Large Format or Plan Photocopy (24"06")....... Zoning Board of Appeals: Area Variance: for first requested variance........ Each additional requested variance ...... Use Variance ............................................. Each Legal notice Zoning Variance Extension ................................ Operating Permits: Annual high hazard, public assembly Includes fire inspection All others every three years Includes fire inspection $150 permit fee $475.00 $250.00 $25.00 $30.00 $12.00 $15.00 $200.00 $100.00 $300.00 $50.00 $200.00 $150.00 $200.00 $200.00 Pale 145 of 185 Last revised 09,1 2 2 RP Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Discussion - OpenGov Software Agreement Date: September 2, 2022 Action Requested: After an extremely thorough review of available software for operational enhancements in many of our departments, including Building, Town Clerk, Highway, Engineering and Comptroller, staff has selected the "OpenGov" product. This product will enable much more efficient operations in each of these departments and allow for greater online presence for the public for all forms of permitting and complaints and for internal record keeping and other processes. This software will replace many of the existing programs and will add an online presence that does not currently exist which will provide both a public and internal operational benefit. The OpenGov software is being purchased through an existing Source -well cooperative purchasing agreement. There are two other components of this programmatic enhancement that will also be added to the system. Resolved that the Town Board hereby authorize the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: SOW Town of Mamaroneck, NY OpenGov 8.30.22 SHI Quote Town of Mamaroneck, NY-21965908 (1) Page 146 of 185 (E)OPENGOV Statement of Work Town of Mamaroneck, NY Created by: Ariana Tuckey Creation Date: 08/29/22 Document Number: DD-02523 Version Number: 3 Overview Preamble 2 Methodology 3 Project Initiation 3 Best Practice Review 4 Configuration 4 Validation 4 Deploy 5 Project Completion 5 Project Schedule 5 Roles and Responsibilities 5 Roles and Responsibilities Matrix 5 Governance 8 Regular Communication Components 8 Commitment to Project Direction and Goals 9 Escalation Process 10 Process 10 Escalation Requirements 10 Documentation 11 General Project Commitments 11 Project Scope 12 OpenGov Reporting & Transparency Platform 12 OpenGov Reporting & Transparency Platform Project Deliverables 12 1 Page 147 of 185 Q OPENGOV Project Tasks 12 Initiate 12 Configuration 13 Validation 13 Deploy 13 OpenGov Citizen Services Suite (CIT Suite) 14 CIT Suite Project Deliverables 14 Project Tasks 14 Initiate 14 Configuration 15 Validation 18 Deploy 19 Acceptance Acceptance Process 19 Acceptance Requirements 20 Change Management 21 Appendix A - Customer Record Types 21 1. Overview 1.1. Preamble This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or "we") will perform for Town of Mamaroneck, NY ("Customer" or "you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). • Customer's use of the Professional Services are governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2 Page 148 of 185 Q OPENGOV Best Practices Review project Initiation111111111111k Validation Deploy Completion Configuration IF > Initiation Ben Wactloe Review Validation Go Uwe Project Completion KeyActMpes: Learning and application of Best Key Activities: Practices, Hands-on Workshops, Admin Training Key Activities; Key Actlwtder, System Key Activitlea: Final Introductions, project plan Key Work Products: Document Request Con -figuration Review, In use Acceptance, Transition to review, establish charter Checklists, Solution Recommendation, Data Map, User Acceptance Testing, Customer Success and plan timelines Solution Document Data Conflrmation, User Key Work Product: Manager and Technical Training Project Documentatlon Support, Feedback survey Key Work Products: Roles and responsibilities Configuration K Work Products: Data Key Key Work Products: Project Overview, Project Plan, Key Activities: Application and Solution Validation, Customer Acceptance, Transition Charter and Schedule Configuration, Initial Data Migration Revksw Key Work Products: Solution Configuration, Peer Review, Solution Document F low 2. Methodology OpenGov's deployment methodology, often referred to as the OpenGov Way ("OG Way"), delivers on OpenGov's mission to power more effective and accountable governments. 'It is an innovative, modern, and iterative approach that leads our customers to successfully deploy our products and help them successfully achieve their vision. The OG Way differentiates itself in the market by its foundation of customer empowerment. We rely on our years of experience working with governments, leading in governments, and leveraging best practices from the public and private sector in order to coach our customers through the change management needed to leverage our best practices and quality software. This methodology requires a degree of focus and engagement to ensure collaboration between both parties to produce the desired results in a timely manner. We look forward to our partnership and can't wait to show you how The OG Way will improve the way you do business and the services you're able to provide to your citizens! Project Initiation During project initiation, we will introduce project resources, review the products and services purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and Customer are responsible for assigning their Project Managers for the project. We will hold a planning meeting to review all project documents OpenGov has received to date. We'll also provide additional worksheets that need to be included. We'll set-up meetings to finalize the project plan and ensure there is a centralized location for 3 Page 149 of 185 Q OPENGOV these documents to be stored for collaboration. Lastly, we'll determine the date for the larger kickoff meeting and discuss the agenda for this critical meeting. Best Practice Review • OpenGov will provide your team with access to OG University and OpenGov's Resource Center so that you can start learning. • Provided checklists with samples of data and information that we'll need completed. We will obtain all data and integration information at this time in our standard format. • We will review your agency -specific documents to validate your business requirements. • We will then coach you on our best practices by showing you how our tool works in the most effective manner. • Based on our best practices review, we'll make solution recommendations based on our domain expertise. • We'll align with your team based on our understanding of your operating processes based on technical requirements and product functionality. • We'll review all data and integration requirements. A data map will be mutually agreed upon and signed off on by Customer. • We'll present a solution document to be mutually agreed upon prior to starting the configuration. Configuration • We will set-up the base configuration based on the mutually agreed upon solution document. • We will mutually configure the use cases based on the mutually agreed upon solution document. • We will migrate your data based on our mutually agreed upon data map. Validation • Review the completed work performed during configuration. • The appropriate members of the Customer project team will confirm that the solution has been configured correctly based on the solution and data mapping documents by testing the use of the solution. • Training will be provided based on the selected package, or as set forth herein. • Any items that were configured or migrated incorrectly based on the data map and solution document will be tracked via an issue log. We will work with your team to identify deployment critical issues that will be worked out prior to launch. If the item is not included in the mutually agreed upon data map and solution document, a 4 Page 150 of 185 Q OPENGOV mutually agreed upon change order will be discussed as defined in Section 10 Change Management of this SOW. • The exit criteria for this phase is the sign off by the Customer's Project Manager of the configuration based on the mutually agreed upon solution and data map as defined in Section 9 Acceptance of this SOW. Deploy • The solution is usable by Customer. Project Completion • Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of this SOW. • Customer will be asked to respond to a brief survey to provide feedback about the experience. • Customer is introduced to Customer Support and educated on how to engage with customer support based on Customer's procured package. 3. Project Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the "OpenGov Project Manager") will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 4. Roles and Responsibilities 4.1. Roles and Responsibilities Matrix Executive Sponsor Responsible for ensuring alignment on project value proposition ("ES") and vision. Escalation point for Customer Executive Sponsor to mitigate any risks that the project team cannot resolve. Executive 5 Page 151 of 185 Q OPENGOV Sponsor attends monthly (or other frequency) executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager Responsible for the delivery of the professional services based ("PM") upon the agreed upon contract and SOW within the budgeted hours and timeframe. Ensures the project is properly forecasted, assigns tasks/resources, and tracks toward project completion. Holds executive steering committee meetings and/or quarterly business reviews as appropriate to ensure project issues are properly escalated and success is achieved. Facilitates the transition to support. Analyst ("IA") Responsible for helping Customer configure OpenGov's product suites as assigned. The Analyst is the primary consultant, guiding Customer through configuration working sessions to put together successful workflows. Subject Matter OpenGov Subject Matter Experts ("SMEs") will engage in Expert ("SME") strategy, design, and execution discussions internally and with Customer during the deployment. The SME has a specific area of expertise, and depending on the scope of the project more than one SME may engage. The SME will not be on all working sessions, but will be involved per the direction of the OpenGov Project Manager. Integration Engineer Responsible for migrations, conversions, and integrations as ("IE") assigned. Responsible for providing clear direction on specifications to ensure proper delivery of migration, conversions, and integrations. Clear data mapping and data validation to be provided with customer sign -offs obtained by the OpenGov Project Manager. Account Executive The Account Executive is responsible for the sales cycle. Aligning ("AE") on program vision, value proposition, and contract terms. The Account Executive will facilitate project kickoff along with the OpenGov Project Manager. The Account Executive will be engaged with the customer throughout their journey with OpenGov, post -deployment and beyond. Customer Manager The Customer Manager ("CM") is the primary customer ("CM") relationship holder post -Deploy. The "Air Traffic Controller" or "Quarterback" of OpenGov resources with focus on long term success of Customer's partnership with OpenGov. The CM will engage with Customer to discuss adoption strategy and conduct periodic reviews to ensure Customer's key stakeholders Page 152 of 185 Q OPENGOV understand all OpenGov offerings and how they align to key Customer priorities. The CM will be introduced at deployment kick-off, but will not be an active participant in deployment working sessions. As the deployment approaches closure, the CM's engagement will ramp -up, and the OpenGov Project Manager to CM meeting with Customer will occur prior to Project Completion. Customer Role Role Description Budget Owner ("BO") The Customer Budget Owner commits the funds to the project deployment, assesses the value to the cost (ROI), and approves changes orders. In some cases, the Budget Owner and Executive Sponsor are the same person. Executive Sponsor Responsible for ensuring Customer team is aligned to core ("ES") project value proposition and goals. Able to intervene if the project goes off track, and has ability to make decisions on timeline and budget when decisions are stalled. The Executive Sponsor is not expected to regularly attend deployment working sessions. Executive Sponsors, attend monthly (or other frequency) executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager Serves as the primary contact for OpenGov Project Initiation, ("PM") Best Practice Review, Configuration, Validation, Deploy, Project Completion. Coordinates meetings and schedules. Controls communication between the Customer and OpenGov project teams. Project Lead ("PL") Is an internal SME in the functional area of deployment. Attends working sessions, trainings, and responsible for reviewing configurations. Primary OpenGov counterpart will be the Analyst. Data and Responsible for mapping out data infrastructure and validating SystemsLead ("DSL") migration, conversion, integration requirements. Someone who is able to connect OpenGov team with any of Customer's third -party data sources and vendors as needed to fulfill SOW requirements. Page 153 of 185 Q OPENGOV S. Governance Project Governance provides the foundation and framework to manage deployments by assessing progress and addressing questions and challenges during the course of deployment. OpenGov follows three guiding principles for governance to maximize the deployment value with our customers: • Regular communication aligned to the agreed upon project plan and timing will occur. OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, as we can only address items when known. • Executive involvement is expected from both OpenGov and Customer. Not only may Executives be called upon to clarify expectations and/or confusion, but also to steer strategic items to maximize the value through the deployment. • Commitment to the direction outlined in this SOW and critical assessment change orders to ensure they drive value. 5.1. Regular Communication Components Frequency,.Participants Meeting OpenGov Customer Engagement Quarterly Overview of PM, ES, PM, PL, Management Review Program Status, others as ES, others Review Value Realization, necessary as ("QMR") trends, savings necessary reports, program improvement, technology, and discuss program adjustments Statement Bi-Annually Review of PM, ES, PM, BO. Committee milestones per AE, CM ES commercial agreement, review budget and fiscal matters. Discuss strategic 8 Page 154 of 185 Q OPENGOV direction from deployment, alignment of OpenGov with Customer's 3-year roadmap, evaluate potential shift in strategy and impact to relationship Executive Sponsor Meeting Monthly / Discuss PM, ES, PM, ES, Bi-Monthly deployment: plus plus - Strategic others as others as impacts: timing, necessary necessary scope, process - Value prop changes, confusion - Project specific: items that need guidance, support and/or clarity Weekly Deployment Updates Weekly Summary of Project Project project actions Team + Team + against project ES(s) ES(s) plan. Risks and achievements highlighted in addition to asks of leadership. 5.2. Commitment to Project Direction and Goals This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is paramount for our Customers to attain the value the SOW or any subsequent change order outlines. 9 Page 155 of 185 Q OPENGOV Should direction of the deployment become disconnected, OpenGov and Customer Project Managers will outline the gaps as they understand them and communicate the gaps to their respective Executive Sponsor(s) (or Project Teams) for discussion and resolution. The communication path for this engagement will be outlined in the kick off meeting, documenting both phone numbers and email. The general path is: OpenGov Project Manager --* Professional Services Sr. Manager / SVP --* Executive Sponsor The purpose of this section is to define the escalation process, should it be needed, to support closing issues that are raised, discussed to move forward with the deployment. OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation. 6.1. Process • Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managers will outline solution, acceptance or schedule Executive review in accordance with SLA as defined in Section 7 General Project Assumptions. • Resolution will be documented and signed off following Executive review in accordance with SLA as defined in Section 7 General Project Assumptions. 6.2. Escalation Requirements • OpenGov and Customer Project Managers will summarize the impasse and recommendation to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW, Customer Project Manager can approve how hours are used, but not where funding is required. • Executive Sponsors attend monthly (or other frequency) executive meetings to review deployment status, documented issue list, status, and closure summary. • Steering Committees, where applicable, will be the arbitrator to direction and issue closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change orders that result in additional cost. • Customer or OpenGov Subject Matter Experts may be requested to provide input to the issue and assist in closure. Both Customer and OpenGov will make best effort to enable those Subject Matter Experts to be available and participate. 10 Page 156 of 185 Q OPENGOV 6.3. Documentation • Issue Escalation: Problem Statement with clear impact to the deployment and/or engagement. • Acceptance Document: Which will include any change order(s) or other process adjustments required and summary of the resolution. • Notes from Project Meetings, Executive Reviews, and Steering Committee meetings, as appropriate. 7. General Project Commitments OpenGov is excited to work with Customer on the implementation of our OpenGov ERP Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is successful in this implementation, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW. • This SOW is limited to the Implementation of the OpenGov Cloud as defined in the Project Scope. Any additional services or support will be considered out of scope. • Customer will commit and provide access to all necessary stakeholders and subject matter experts, and other key parties whose roles are defined in Section 4.1, necessary to the successful implementation of the OpenGov ERP Cloud as defined in this SOW. • Customer is responsible for internal change management associated with the purchase of new software. • Response Protocol • OpenGov and Customer commit to responding to inquiries, updates, or any other project -related matters in no more than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a) the delay may impact the project schedule; and b) any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment. • As set forth in Section 6.1(e) of the Agreement, if extended delays in Customer responsiveness are encountered, OpenGov may opt to put the project into an "On Hold" status, which includes causing OpenGov to stop or cause to be stopped the Professional Services to be provided to the Customer, until the Customer has fulfilled its obligations set forth in the On Hold Notice as described in the Agreement. 11 Page 157 of 185 Q OPENGOV o The Professional Services will be provided during regular business hours (8am to 6pm Eastern Time) Monday through Friday (holidays excluded). • SOW Expiration: o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by GpenGov and Customer. S. Project Scope 8.1. OpenGov Reporting & Transparency Platform 8.1.1. GpenGov Reporting & Transparency Platform Project Deliverables GpenGov Cloud based Reporting & Transparency Platform that includes: Reporting & • Stories Transparency • Reporting Platform • Dashboards • Transparency Portal 8.1.2. Project Tasks The tasks listed below are required for GpenGov and Customer to successfully complete the GpenGov Reporting & Transparency Platform implementation. rovisioning r GpenGov will provision Customer's GpenGov entity and verify Customer &T Platform has access to all purchased modules. GpenGov GpenGov will provide access to GpenGov University online training University courses intended to teach users on the basics of the Reporting & Platform Transparency Platform. Training 12 Page 158 of 185 Q OPENGOV 8.1.2.2. Configuration OpenGov OpenGov will: Reports • Train Customer on uploading datasets to the Reporting and Transparency platform for the purposes of creating reports and saved views 8.1.2.3. Validation Data I Customer will validate and sign off on the datasets uploaded as part of the implementation. 8.1.2.4. Denlov ....... 1 - , ..,11 ' Training OpenGov train Customer on how to: Stories • Create new stories • Update/Maintain current stories • Publish internally and externally Training OpenGov will train Customer on report: OpenGov • Configuration Reports • Update/Maintenance • Publishing internally and externally Training OpenGov will train Customer on Dashboard: Dashboards • Configuration • Update/Maintenance • Publishing internally and externally Platform OpenGov will train Customer on Platform maintenance:: Training • Users • Uploading data Sign Off Customer will sign off that they have been trained on Stories, OpenGov reports, and Dashboards 13 Page 159 of 185 Q OPENGOV 8.2. OpenGov Citizen Services Suite (CIT Suite) 8.2.1. CIT Suite Project Deliverables CIT Suite Cloud based Permit, Licensing, Code Enforcement software for 4 Service Areas (Engineering/Highway, Building/Trades, Planning/Zoning, Clerk) to include • 10 Record Type(s) (forms, document templates, fee schedules, workflows) built by OpenGov 0 1 Record Type will be used for combination building permit o Customer will identify remaining 9 Record Types to be built by OpenGov during project planning phase. Customer will identify Record Types to be configured from the list in Appendix A. • CIT System Training • Configuration Training • Internal user Training • Migrations and Integrations 8.2.2. Project Tasks The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov CIT Suite implementation. is.�.�.i. initiate FunctionalityDescription Creating OpenGov will provision a CIT environment and FTP site. Customer Environment system administrator will be added to the environment following contract signing and creation. Documentation Customer will provide OpenGov with: Receipt • Existing application forms • Current workflows • Gathering all existing supporting documentation System Training During the CIT System Configuration, OpenGov will provide System Training designed for system administrators, which will include: • How to create and customize the public portal in CIT 14 Page 160 of 185 Q OPENGOV • How to create and customize CIT record types (forms, document templates, fee schedules, workflows) • How to set up inspections in CIT • How to create datasets in CIT • The basic functions of any integrations or other customizations included in the SOW • How to export a dataset from the app 8.2.2.2. Configuratior FunctionalityDescription Record Type OpenGov will configure up to 10 standard record type drafts of Configuration Customer's record types in the CIT system. (OpenGov- Standard) Along with Customer input OpenGov will be responsible for building: • Customer Application Forms • Customer Workflow • Output Documents • Adding in Customer Fees OpenGov will hold working sessions* between the OpenGov and Customer for the purpose of validating, reviewing, and iterating upon draft record types configuration. *Working All working sessions will focus on: Session • Forms • Workflows • Fee structures • Attachment requirements • Permit/license/letter templates • Useraccess • Renewal processes • Inspection checklists • Public portal Record Type OpenGov will provide 5, 60-minute configuration training sessions to Configuration enable Customer to own configuration of their remaining Record Types. Training • Sessions will focus on: Sessions o Hands-on training for building, configuring, and maintaining Record Types in CIT. o Best practice recommendations on Record Type: ■ Building 15 Page 161 of 185 Q OPENGOV ■ Configuring ■ Maintenance At the end of configuration training sessions, Customer will be responsible for maintenance and configuration of all Record Types. Historical Data I OpenGov will scope, format, and script data from Customer's Municity on Migratiexport to the CIT suite. • Resulting migration script provides an initial load of data into the CIT suite. • Just prior to Deploy, after Customer acceptance, OpenGov will re -run the migration with the latest data. • Dependant on having an MAT migration Data migration includes: • Applicant data • Location information (Records will only be linked to locations if an ID, MBL, or other logical link is provided to match up to the Customer's address integration) • Fees and payments (will be migrated as form data) • Inspections (will be migrated as form data) • Contractors, work description and other Form Data • Other multi -entry form data • Grouping of records under project names Data Migration and File Requirements: • OpenGov will accept: o Text Delimited File (i.e. CSV) o Excel (.xlxs file) • OpenGov will not accept: o Non -relational database All other databases require additional scoping and may not work Data migration does not include: • Cleaning of any corrupted data • Creation and linking of applicant accounts • Integration of historical fees and payments into workflow or financial reports. • Logs of permit changes • Migration of any data into the workflow (i.e. pending or completed sign -offs, fee steps, document issuance, inspections). 16 Page 162 of 185 Q OPENGOV • Permit attachments • Import of contractor database • Hierarchical relationships between records Form -field mapping is not included as part of this historical data migration. Document OpenGov will import documents attached to either migrated permits or Migrations locations provided through a Master Address Table (MAT) integration. • Requirement: • Dependent on having a Historical Migration and/or MAT Integration • Customer must provide a single file (Excel, CSV, etc) with one row per document, with a unique identifier for the related permit or location, and the file's physical location (a file path or URL). • Customer will need to either provide a copy of the files or grant CIT access to the file locations in order to migrate them. • The folder structure of the documents provided must reflect the paths provided in the file. • Data cleanup/correction is not included Document OpenGov will provide the ability for a Customer to access a listing of Management filenames and file paths of all submitted forms, issued documents, and Access record attachments, along with record and location metadata for use by Customer to import into a third -party document management system. Import of data into the third -party system will be Customer's responsibility. The methods OpenGov can provide are: • ODBC access to a Microsoft SQL Server Database view containing the information • A CSV file FTP'd to a location of the Customer's choosing. Note: Documents are not contained in either solution; however, a link to download each individual file. Recurring OpenGov will import the Customer's location information from your Master Address Master Address Table (MAT) file (CSV) into CIT. Table (MAT) Import Customer will provide a clean MAT including all of the community's 17 Page 163 of 185 Q OPENGOV location information. It must contain the parcel properties latitude/longitude coordinates, and at least 1 unique ID field. The unique ID can never change. OpenGov does not take responsibility for'dirty' data. ESRI ArcGIS OpenGov will integrate the CIT suite with the Customer's ArcGIS Server. Server Customer is responsible for providing a publicly -accessible secure ESRI Integration REST API URL. Note: WFS link will not suffice GIS Flag OpenGov will enable GIS Flag Integration: Integration • Import a list of flags into the CIT suite. Flags can be provided either on the Parcel Layer or other layer on the GIS Server through the ESRI REST API URL. • Layers must be configured as a polygon--polylines and points are not supported in this integration. Dependent upon Master Address Table and ESRI ArcGIS Server Integration Accounting & For a financial export, Customer will provide OpenGov the required Finance Export format and a sample document. OpenGov will export the data based on the required format and put the files onto Customer's FTP as often as nightly Bluebeam OpenGov will enable any attachment to click "Open in Bluebeam Studio" Integration to start or continue a collaborative document markup/review session in Bluebeam. Bluebeam access not included. Requires Bluebeam Studio Prime license(s). Autofilis Autofill OpenGov will configure up to 3 autofills to allow for dynamic search Configuration within the application form to auto -populate a set of form fields. 8.2.2.3. Validation 18 Page 164 of 185 Q OPENGOV Testing (admin) • Application is working as intended o Internal processes and or workflows o Front End processes (Public views) • The administrator knows how to: o Make changes o Troubleshoot problems o Create or configure new Record Types 8.2.2.4. Deploy FunctionalityDescription Internal User OpenGov will provide 3, two-hour training sessions designed for Internal Training Users such as Inspectors or Intake Review staff. • Internal Users are trained to: o Understand how to use the system to complete the tasks needed perform their roles/responsibilities o Understand the functionality and workflow of the Permitting, Licensing or Code Enforcement process. o Build reports in Citizen Services Explorer Module. Sign Off Customer to complete OpenGov-provided sign off document Customer will provide written approval that Administrator can: • Build/Configure • Troubleshoot • Maintain Customer will provide written approval that Internal Users: • Have been trained on: o Functionality o Tasks needed to perform their roles/responsibilities 9. Acceptance 9.1. Acceptance Process All Deliverables require acceptance from the Customer Project Manager(s) following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable. 19 Page 165 of 185 Q OPENGOV Upon completion of these phases, the OpenGov Project Manager shall notify the Customer Project Manager(s) and provide the necessary documents for review and sign off. The following process will be used for accepting or acknowledging Deliverables and Project Closure: • OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria. • Customer must accept all Deliverables that meet the applicable acceptance criteria. OpenGov Project Manager will provide the Customer Project Manager with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete. • Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable(s) does not meet Customer's requirements. Failure to communicate that the particular Deliverable(s) does not meet Customer's requirements will be deemed as acceptance and any further work provided to remedy Customer's complaint might incur additional cost. • Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to revise the non -conforming Deliverable(s) to meet the acceptance criteria and re -submit it to Customer for further review and testing. • If the acceptance form is not received in accordance with Section 7 General Project Assumptions, the project phase and/or project will be considered accepted and automatically closed. 9.2. Acceptance Requirements • All acceptance milestones and associated review periods will be tracked on the project plan. • The Customer Project Manager will have decision authority to approve/reject all project Deliverables, Phase Acceptance and Project Acceptance. • Any open issues shall receive a response in accordance with Section 7 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. 20 Page 166 of 185 Q OPENGOV o® Change Management This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order -Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Signed by OpenGov and Customer Executives approving funds. Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure. Example of changes that might arise during a deployment: • Amending the SOW to correct an error. • Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. • Change in type of OpenGov resources to support the SOW. 11. Appendix A - Customer Record Types Engineering/Highway • Surface Water & Erosion Control Permit Application • TOM Road Closure Request Form • HIGHWAY PERMIT APPLICATION (FILLABLE) Planning/Zoning • PB Application Form • TMPB Checklist - Nonresidential Site Plan • TMPB Checklist- Residential Site Plan 21 Page 167 of 185 • TMPB Checklist -Special Permit Application • TMPB Checklist -Subdivision Application Building/Trades • Building Permit Application (PDF) • Tree Permit Application (PDF) • plumbing permit • Solar Permit Application • Short Environmental Assessment Form • CO/LOC Request Clerks • Accessible Parking Permits • Alarm User Permit • Block Party Application • Dog Licenses • Garage Sale Permit • Marriage Licenses • Peddler License Q OPENGOV 22 Page 168 of 185 SF11 City of Mamaroneck Shyam Pandya 740 West Boston Post Road Mamaroneck, NY 10543 United States Phone: (914) 381-7810 Fax: Email: spandya@town ofmamaroneckny.org All Prices are in US Dollar (USD) Product 1 Citizen Services - 5 Service Areas - Billed Annually Vertosoft- Part#: NPN-VERTO-CITIZ Contract Name: Sourcewell- Technology Catalog Solutions Contract #: 081419-SHI Coverage Term: 10/1/2022 — 9/30/2023 Note: Participant ID#: 120828 2 Citizen Services - 5 Service Areas - Billed Annually Vertosoft- Part#: NPN-VERTO-CITIZ Contract Name: Sourcewell- Technology Catalog Solutions Contract #: 081419-SHI Coverage Term: 10/1/2023 — 9/30/2024 Note: Participant ID#: 120828 3 Professional Services Deployment - Prepaid Vertosoft - Part#: NPN-VERTO-PROFE Contract Name: Sourcewell- Technology Catalog Solutions Contract #: 081419-SHI Coverage Term: 10/1/2022 — Note: Participant ID#: 120828 4 Professional Services Deployment - Prepaid Vertosoft - Part#: NPN-VERTO-PROFE Contract Name: Sourcewell- Technology Catalog Solutions Contract #: 081419-SHI Coverage Term: 1/1/2023 — Note: Participant ID#: 120828 5 Professional Services Deployment - Prepaid Vertosoft - Part#: NPN-VERTO-PROFE Contract Name: Sourcewell- Technology Catalog Solutions Contract #: 081419-SHI Coverage Term: 4/1/2023 — Note: Participant ID#: 120828 Pricing Proposal Quotation #: 21965908 Reference #: 5/3/2022 Created On: 5/3/2022 Valid Until: 9/29/2022 Inside Account Executive Kevin Bock 290 Davidson Ave. Somerset, NJ 08873 Phone: (732) 584-8446 Fax: (732) 564-8224 Email: kevin_bock@shi.com Qty Your Price Total 1 $48,516.70 $48,516.70 1 $48,516.70 $48,516.70 120 $215.32 $25,838.40 120 $215.32 $25,838.40 122 $212.02 $25,866.44 Total $174,576.64 Page 169 of 185 Additional Comments Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program. Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX I D# 22-3009648-1 DUNS# 61-1429481 -1 CCR#61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. Page 170 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT OpenGov Terms and Conditions — Software Services Agreement (Purchase through an OpenGov Authorized Reseller) This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 ("OpenGov") and the customer listed on the signature block below ("Customer"), as of the date of last signature below (the "Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services. 1. DEFINITIONS "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data shall not include any confidential personally identifiable information. "Documentation" means the documentation for the Software Services at the Customer Resource Center page found at httpsalopengov.zendesk.com. "Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. "Initial Term" means the initial license term specified in number of years on the Order Form. commencing on the Effective Date. "Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. "Order Form" means the Reseller Software Services order form that, (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. "Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2. "Reseller" means the channel partner authorized to resell the Software Services. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer ("Software Services"). 2.2 Support & Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at httpsa/opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3 Professional Services. (a) If Reseller or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work ("SOW") agreed to by the parties (the "Professional Services"). Unless otherwise specified in the SOW, any pre -paid Professional Confidential OpenGov Rev. 2018. oY_21g9 174 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre -paid Professional Services Fees shall be forfeited. (b) Unless the SOW provides otherwise, all reasonable travel expenses, pre -approved by Customer and incurred by Reseller in performing the professional services will be reimbursed by Customer. Travel expenses include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services. 4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. CONFIDENTIALITY 5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding Confidential OpenGov Rev. 2018.01 210519 Reseller Page 172 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2 "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation. 5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Parry's Confidential Information. 6. PAYMENT OF FEES 6.1 Fees: Invoicing: Payment: Expenses. (a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as "Fees". Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (i) all obligations to pay Fees are non - cancelable and all payments are non-refundable, (ii) Customer must pay all Fees due under all Order Forms and SOW within thirty (30) days after Customer receives each invoice (invoices are deemed received when OpenGov emails them to Customer's designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) Customer must make all payments without setoffs, withholdings or deductions of any kind. (b) Annual Software Maintenance Price Adjustment. the Fees payable for the Software Services during any Renewal Term shall increase by 5% each year of the Renewal Term. (c) Invoicing and Payment. Reseller will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, Reseller will invoice Customer for travel expenses, pre -approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. (e) Customer Delays: On Hold Fee. I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer's personnel or contractors are not completing Customer's responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty (30) days from the date of such determination deliver to Customer a notice (an "On Hold Notice") that (A) designates the Professional Services to be provided to the Customer as "On Hold", (B) detail Customer's obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and (C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee (the "On Hold Fee"). Confidential OpenGov Rev. 2018.01 210519 Reseller Page 173 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to (A) reallocate resources otherwise reserved for the performance of the Professional Services, and (B) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the "On Hold" status, only upon Customer's fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Fee. Upon Customer's fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six (6) weeks, depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer's failure to complete Customer's responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW. 6.2 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by Reseller to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide Reseller, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 7. TERM & TERMINATION 7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial Term"). 7.2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (the "Renewal Term" and together with the Initial Term, the "Term"), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term. 7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non -breaching party may terminate this Agreement. 7.4 Effect of Termination. (a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section 7.1: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov's standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice described at Section 10. 7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER Confidential OpenGov Rev. 2018.01_210519 Reseller Page 174 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT 8.1 By OpenGov (a) General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. (b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services. 8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. 9. LIMITATION OF LIABILITY 9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AND RESELLER'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO RESELLER (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either parry's unauthorized use, distribution, or disclosure of the other parry's intellectual property. 9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1 Logo,_Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov. 10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word "notice' appears) the parties must communicate more formally in a writing given by personal delivery, by pre - Confidential OpenGov Rev. 2018.01 210519 Reseller Page 175 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3 Anti -corruption. OpenGov and Reseller has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer. 10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5 Force Maieure. Neither party shall be held responsible or liable for any lasses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6 Severability: Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement. 10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other parry's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party's permitted assigns and successors. 10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. 10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 10.10 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. [SIGNATURE PAGE TO FOLLOW] Confidential OpenGov Rev. 2018.01 290519 Reseller Page 176 of 185 OPENGOV SOFTWARE SERVICES AGREEMENT Signatures Customer: Signature: Name: Title: Date: OPENGOV, INC. Signature: Name: Title: Date. - (SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT] Confidential OpenGov Rev. 2018.01 _210519_FZeseller Page 177 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Capital Budget Amendment Date: September 14, 2022 Action Requested: Attached pleased find a memo from Tracy Yogman regarding 2022 Capital Budget Amendments. We are requesting the following action by the Board: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 178 of 185 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 14, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Capital Budget Amendment General: TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org 1. Ambulance Software (Proiect 2021-20) The electronic patient care software system that is used for patient and insurance information is now considered a legacy system with minimal support. Members of the Ambulance District, Mamaroneck EMS and Larchmont Volunteer Ambulance Corp have reviewed three software systems and have chosen Elite EMS as the replacement. This is the system that the NYS Department of Health uses to collect and store data from all NYS EMS agencies. A budget amendment is recommended below to increase the ambulance district revenues and transfer funds to Capital for this project. 2. Water District -Lakeside Drive Water Main (Proiect 1392-12) The water main at Lakeside Drive has a leak at the highway box culvert bridge. Upon investigation of site conditions, it was determined by personnel that a replacement section of water main across the stream installed on a support bracket attached to the bridge structure is required. A budget amendment is recommended below to fund this project. Fund balance of $800,000 will be available at the end of 2022. Attachment/s: Page 179 of 185 2022 CAPITAL BUDGET AMENDMENTS CHART -September 212022 Page 180 of 185 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 1 Revenue Transfer from Ambulance 110000.5039.2021.20 Increase 19,656.00 Expense Computer Software- Elite EMS 114189.0400.2021.20 Increase 19,656.00 2 Revenue Transfer from Water District 110000.5038.1392.12 Increase $ 230,000.00 Expense Lakeside Drive Water Main 118340.0400.1392.12 Increase $ 230,000.00 AMBULANCE DISTRICT (FUND SM) 1 Revenue Ambulance Fees SM.0000.1640 Increase 19,656.00 Expense Transferto Capital SM.9900.9950 Increase $ 19,656.00 Water District (FUND SW) 2 Revenue Appropriated Fund Balance SW.0000.5995 Increase $ 230,000.00 Expense Transferto Capital SW.9900.9950 Increase $ 230,000.00 Page 181 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: 2022 Operating Budget Date: September 14, 2022 Action Requested: Attached please find a memo from Tracy Yogman regarding the 2022 Operating Budget. We are requesting the following action from the Board: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 182 of 185 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: September 14, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2022 Operating Budget Amendments TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org General: In compliance with the Budget Policy the following 2022 budget amendments are recommended for approval as they increase appropriations. 1. Consultant-GovHr (A.1430.4056) The Town Board authorized a consultant contract with GovHR in August 2022 for a classification and compensation study. A budget amendment is recommended below for a transfer from the contingency account to fund the contract. 2. Fire Department Overtime (SF.3410.1015) As a result of firefighters on leave, additional overtime to cover the shifts was needed throughout the year. A budget amendment to transfer funds from contingency is recommended. Page 183 of 185 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR To: Supervisor and Town Board TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org From: Meredith S. Robson, Town Administrator CC: Jill Fisher, Superintendant of Recreation Re: Discussion - Donation of Lockers and Related Improvements to Locker Room at Hommocks Park Ice Rink Date: September 16, 2022 Action Requested: There have been numerous conversations between Town staff and school staff regarding the installation of new lockers at Hommocks Park Ice Rink to support the school hockey team. School officials have indicated to us that they have received a donation for such lockers, as well as some related locker room improvements. The lockers will in turn, be donated to the Town. Typically, we would ask for your acceptance of the donation once the lockers are received, however, because authorization of the locker donation must be approved prior to an order being placed, we are requesting the following action by the Town Board. Be it resolved that the Town Board hereby accepts the generous donation of lockers and the cost of their installation and approves their installation in the applicable locker room at Hommocks Park Ice Rink. The Town Board further accepts the donation to cover the cost of additional locker room improvements subject to final approval by Town staff of such improvements and the design of such improvements. Attachments: 220914 Cost of HMX Ice Rink Lockers Page 184 of 185 September 14, 2022 Sylvia Fassler-Wallach 1000 W. Boston Post Road Mamaroneck, NY 10543 RE: Cost of HMX Ice Rink Lockers Below are the denominations of donated funds to support the purchase and installation of lockers at the Hommocks Ice Rink. No students or community members will be used for a fundraising event. Below is the cost break down and the allocation of funds from anonymous donors. • Lockers + Freight + Installation: $38,104.08 (Wenger Corp) + $25k Anonymous Donation paid to Wenger Corp Direct • Remaining balance: $13,104.08 • $15k Anonymous Donation to pay balance to Wenger Corp • $1895.92 leftover to pay for supplies and building storage closet Please let me know what the next steps with the Town or if I can begin the ordering process. Wenger Corp has informed us that lockers need 8 weeks for ordering plus time for delivery and installation. I want to ensure we follow all school and town protocols during this process. I appreciate all your help. Michael Chiapparelli 914-804-3420 Mchiapparellisr@mamkschools.org Issue Date: June 1, 2022 Page 1 of 4 I COMMUNITY Effective Date: December 1, 2022 I Case No.: 22-02-0217P I LOMR-APP Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT COMMUNITY AND REVISION INFORMATION Town of Mamaroneck Westchester County New York COMMUNITY NO.: 360917 IDENTIFIER 1104 Premium Point Road ANNOTATED MAPPING ENCLOSURES TYPE: FIRM* NO.: 36119CO342F DATE: September 28, 2007 Enclosures reflect changes to flooding sources affected by this revision. * FIRM - Flood Insurance Rate Map PROJECT DESCRIPTION NO PROJECT BASIS OF REQUEST COASTAL ANALYSIS UPDATED TOPOGRAPHIC DATA UPDATE APPROXIMATE LATITUDE & LONGITUDE: 40.912,-73.758 SOURCE: OTHER DATUM: NAD83 ANNOTATED STUDY ENCLOSURES NO REVISION TO THE FLOOD INSURANCE STUDY REPORT FLOODING SOURCE(S) & REVISED REACH(ES) Long Island Sound —A location centered approximately 1,500 feet southwest of the intersection of Premium Point Road and Pryer Lane A location centered approximately 600 feet southwest of the intersection of Premium Point Road and Pryer Lane SUMMARY OF REVISIONS Effective Flooding Revised Flooding Increases Decreases Flooding Source BFEs YES NONE Long Island Sound BFEs* NONE YES BFEs Depths Zone VE Zone AO NONE YES Zone VE Zone X (shaded) NONE YES Zone AE Zone X (shaded) NONE YES BFEs - Base (1-percent-annual-chance) Flood Elevations DETERMINATION This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding a request for a Letter of Map Revision (LOMR) for the area described above. Using the information submitted, we have determined that a revision to the flood hazards depicted in the Flood Insurance Study (FIS) report and/or National Flood Insurance Program (NFIP) map is in the attached on. Please use the panelst edvisedhbydth suLOMR for floodpla neindicated ocment revises the effctive NFIP map, as ma age ent purposesandfor all flood insurance pol c es and renewals in your commeannotated map unity. This determination is based on the flood data presently available. The enclosed documents provide additional infomation regarding this determination. If you have oll free at 1-877-336-2627 (1-77-FEMA tany quesions about this doumen, please contact the FEA Maping and Insurance eXchange ote LOtMC Clearinghouse, 3601tEisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. tAdditio al Information about the NF P is available or by letter addressed ble on our website at https //www.fema.gov/flood-insurance. Patrick "Rick" F. Sacbibit. P.E.. Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 22-02-0217P 102-1-A-C Page 2 of 4 Issue Date: June 1, 2022 Effective Date: December 1, 2022 Case No.: 22-02-0217P FVART�j 0 Federal Emergency Management Agency Washington, D.C. 20472 stic° LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP REGULATIONS/COMMUNITY OBLIGATION LOMR-APP We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90448), 42 U.S.C. 40014128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed NFIP criteria. These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent State/Commonwealth or local requirements to which the regulations apply. COMMUNITY REMINDERS We based this determination on the 1-percent-annual-chance stillwater elevations computed in the FIS for your community. A comprehensive restudy of your community's flood hazards could establish greater flood hazards in this area. Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or State/Commonwealth law have been obtained. State/Commonwealth or community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the minimum NFIP requirements. We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at htti2s://www.fema goy/flood-insurance. Patrick "Rick' F. Sacbibit, P.E.. Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 22-02-0217P 102-1-A-C Page 3 of 4 Issue Date June 1, 2022 Effective Date: December 1, 2022 Case No.: 22-02-0217P LOMR-APP Federal Emergency Management Agency Washington, D.C. 20472 ND StiGJ�~ LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) Because the FIS report establishing the BFEs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to the effective date of this revision your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR 59, etc.). These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally report and modifications made b thisle document. This p revision. Some of the standards should es adoption of the current effective alre already have been enacted by yourto which the gcommunity ions apply, n order to modtf Y establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d). 2. Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations. 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO, please contact: Michael Moriarty Director, Mitigation Division Federal Emergency Management Agency, Region II 26 Federal Plaza New York, NY 10278 (347)838-0427 STATUS OF THE COMMUNITY NFIP MAPS We will not physically revise and republish the FIRM and FIS report for your community to reflect the modifications made by this LOMR at this time. When changes to the previously cited FIRM panel(s) and FIS report warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. Although the proposed area of revision is shown on the effective FIRM as located within Village of Lrchmont, this area has been annexed by the Town of Mamaroneck. This detenmination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have oll free at 1-877-336-2627 tany questions aout this documen, please contact the FEA Maping and Insurance ote LOMC Clearingho se, 3601tEisenhower Avenue, Suii a 500, Alexandria, VA 22304-64 6. tAddit Additional Information about the NFIP his available onor by lour w bs to atetter d https://www.fema.gov/flood-insurance. D Patrick "Rick" F. Sacbibit, P.E., Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 22-02-0217P Page 4 of 4 Issue Date: June 1, 2022 Effective Date: December 1, 2022 Case No.: 22-02-0217P LOMR-APP aX, /—\ M Federal Emergency >Management Agency �t9ND SELJ Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) PUBLIC NOTIFICATION OF REVISION A notice of changes will be published in the Federal Register. A short notice will also be published in your local newspaper on or about the dates listed below and through FEMA's Flood Hazard Mapping Web site at https://www/floodmaps.fema-gov/fhm/Scripts/bfe—main.asp. LOCAL NEWSPAPER Name: The Journal News Dates: June 8, 2022 and June 15, 2022 Within 90 days of the second publication in the local newspaper, a citizen may request that we reconsider this determination. Any request for reconsideration must be based on scientific or technical data. This revision will be effective 6 months from the date of this letter and only after we have resolved any appeals that we receive during the appeal period. Until this LOMR is effective, the revised flood hazard information presented in this LOMR may be changed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at https://www.fema gov/flood-insurance. 601,&7G Patrick "Rick" F. Sacbibit, P.E.. 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COASTAL BARRIER RFSOORCEE SVBTEM ((gR5) IAFAS OTHERWISE PROTEREO au a«. ab -- MEA.S (OPAs) aM ae ,x,r.y now epx a aoae n Speer we a,se xe., r.ww aaarnwNw�aaaca, p,ry a.aw aa.a rgaP.e awwv ee O� �1J ,e•.N BppDBBFT —10 Y Dwaura. as ou vxq as aN �.q e.,a«e tr. as g m �„�p1.5>aa„pl,.rxrxw,ear,r®raaaRa. ` cMaam n none m rtiR seem a y Fc�sa`p�sxeNrmTvvea Wpzwmv sreu brw� mew rM�xrq Irov`za+spar rgvr�i fv b� vjur�nr�"m aa.auqum.rrxmtlwm`¢r�iK9ank1A,a3Be¢xp.�y row aavna P SOME 1 600' —3—was PANEL 0334F FIRM FLOOD INSURANCE RATE MAP bl MSTCNESTER COUNTY. NEW YORR (ALL JURISMCTIONSI CONTAINS: COMMUNITY NUMBER MAMARONECK, TOWN OF 360917 NEW ROCHELLE, CITY 360922 OF SCARSDALE, VILLAGE 360932 OF PANEL 334 OF 426 MAP SUFFIX: F�FwFL aeW*r MAP NUMBER wx 4 36119C0334F 'crwa,.c°F EFFECTIVE DATE SEPTEMBER 28, 2007 FNeral l:aerprnrA \leuge«rn, AErne, J NOTES TO USERS Z=,n 11— Z.2--z: 12t 11 .71 11.11 LEGEND TI ................ c > 41- FLOW INSURANCE — — f—STCHESTERCOUNT1 (A_,____. NEW YlSRN �OMMU— NUMBER LA'CHMONT, VILLAGE 360915 OF MAMARONECK, TOWN OF 360917 ..RONECK,VILUGE 360916 OF PANEL 361 OF 426 MAP SUFfl%:F MAP NUMBER 36119C0361F %y •,,�'� EFFECTIVE DATE SEPTEMBER 28,2007 --., �. .... . .... . —" NOTES TO USERS . . . ...... ........ �R Village of MamaronreA FLOOD INSURANCE RATE — TER 1,111TI 1-11RR CO —IN M IL "I" "' NUMBER HARRISON, TOWN OF 360912 MAMARONECK, TOWN OF 360917 MAMARONECK, VILLAGE 360916 OF SCARSDALE, VILLAGE 360932 OF WHITE PLAINS, CITY W0935 KNEL 351 OF 426 MAP SUFFIX: F- MAP NUMBER 36119C0351F EFFECTIVE DATE SEPTEMBER 28,2007 NOTES TO tJllRl =p 111:11-11�711 PANEL OP12F hkw-,-- - -- FLOOD INEURNNCE RATE MAP 111K FN,_: NUMBER LARCHMONT, V111,ACE 3609IS OF MAMARONECK, TOWN Of 36N17 NEW ROCHELLE, CITY 360922 OF PANEL 342 OF 426 MAP SUFFIX: F MAPNUMBER 36119CO342F EFFECTIVE DATE SEPTEMBER 28,2007 " .... .. ..... NOTES TO USERS TI. T-1— d- 1-1 . .. .... Village of "erns.. LEGEND �Tlll 1� 11, — --F RATE MAP NTAINS. tMMff—R HARRISON, TOWN OF 360912 MAMARONECK, TOWN OF 36017 MAMARONECK, VILLAGE 360916 OF PANEL 353 OF 426 MAP NUMBER 36119CO353F EFFECTIVE DATE SEPTEMBER 28,2007 e�Elev ce Slutly (FlSlyeeponn/na�'acwmpanies plilzad in wnn me FIRM lui PU Poxes or ns/ruclion ana/orn qan m e ant. ea MAY0 �syFIFnM snoula omgan mana9�mem PUEposes wn enntneY aWee 9^uanlor a nlml �uruFPa�aian saorolecl calm lS TM) m�te.T eDaspnera d. 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