HomeMy WebLinkAbout2022_10_03 Town Board Meeting PacketTown of Mamaroneck
Town Board Agenda
Monday, October 3, 2022
Page
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene in Conference Room D located on the Ground
Floor at the Town Center.
CALL TO ORDER
WORK SESSION ITEMS
Request for Executive Session
2. Discussion - Property Tax Levy in Excess of the Limit Established in General 4-5
Municipal Law
Property Tax Levy in Excess of the Limit Established in General Municipal Law
- Pdf
3. Discussion - Housing Authority Agreement 6-8
Discussion - Housing Authority Agreement - Pdf
4. Discussion - Clean Water, Clean Air, Green Jobs Environmental Bond Act of 9 - 10
2022
Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 - Pdf
5. Discussion - Bid Award - TA-22-13 - Memorial Park Walkways & Sidewalk 11 - 13
Replacement
TA-22-13 - Memorial Park Walkways and Sidewalk Replacement
6. Discussion - Food Service Establishment Permit Renewals - Meals on Wheels 14 - 25
and Senior Nutrition Program
28 Sep 2022 - Food Service Establishment Permit Renewals - Meals on
Wheels and Senior Nutrition Program - Pdf
7. Discussion - Tree Law 26 - 32
Town of Mamaroneck Tree Law
8. Updates
9. Additions to Regular Meeting Agenda
8:00 PM Town Board Regular Meeting
The Town Board meeting will convene in Conference Room C on the first 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
Page 1 of 118
Supervisor's Report
Public Hearing(s)
1. Amendment of the Cost for Renewing Building Permits 33 - 35
Amendment of the Cost for Renewing Building Permits - Pdf
2. Model Code for Flood Damage Prevention Law 36 - 64
Notice of Model Code for Flood Damage Prevention
16 Sep 2022 - Model Code for Flood Damage Prevention - Pdf
Model Code for Flood Damage Prevention
3. Revision of Chapter 99 of the Code of the Town of Mamaroneck 65 - 72
Notice of Revision of Chapter 99 of the Code of the Town of Mamaroneck
Prior Memo - Revision of Chapter 99 of the Code of the Town of Mamaroneck
Revision of Chapter 99 of the Code of the Town of Mamaroneck
Resident Comments
Staff Comments/ Presentations
Board of Fire Commissioners
1. Call to Order
2. Fire Claims
73 - 75
28 Sep 2022 - Fire Claims - Pdf
3. Other Fire Department Business
Affairs of the Town of Mamaroneck
1. Referral of Update in the Regulation of Wireless Telecommunications Facilities
76 - 95
Law to Planning Board
Referral of Update in the Wireless Telecommunications Facilities Law to
Planninq Board - Pdf
2. Set Public Hearing - Property Tax Levy in Excess of the Limit Established in
96 - 97
General Municipal Law
Property Tax Levy in Excess of the Limit Established in General Municipal Law
- Pdf
3. Resolution Supporting Passage of Clean Water, Clean Air, Green Jobs
98 - 99
Environmental Bond Act of 2022
Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 - Pdf
4. Award of Bid - TA-22-13 - Memorial Park Walkways & Sidewalk Replacement
100 - 102
TA-22-13 - Memorial Park Walkways and Sidewalk Replacement
5. Authorization - Food Service Establishment Permit Renewals - Senior Services
103 - 114
28 Sep 2022 - Food Service Establishment Permit Renewals - Meals on
Wheels and Senior Nutrition Program - Pdf
6. Salary Authorization - Junior Civil Engineer
115 - 116
28 Sep 2022 - Salary Authorization - Junior Civil Engineer - Pdf
7. Salary Authorization - Assistant Court Clerk
117 - 118
28 Sep 2022 - Salary Authorization - Assistant Court Clerk - Pdf
Reports of Minutes
Page 2 of 118
Report of Minutes from the September 21, 2022, Town Board Meeting
Reports of the Council
Town Clerk's Report
Town Attorney's Report
Adjournment
Next Regularly Scheduled Meeting - October 19, 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 118
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
mrob son@townofmamaroneckNY. org
From: Meredith S. Robson, Town Administrator
Re: Property Tax Levy in Excess of the Limit Established in General Municipal
Law
Date: September 27, 2022
Action Requested:
In the agenda packet you will find the local law to authorize a property tax levy in excess of the limit
established in General Municipal Law 3-c. As I said last year, it is my understanding that you are very
familiar with this document and I have always asked prior governing bodies to adopt this each year.
The Tentative Budget that we will be discussing for next year may require the Town to exceed the tax
cap, but even if the Board makes changes to that budget to reduce it below the tax cap, I believe it is
worthwhile to have the local law in place. This does not bind you in any way in regards to your final
decision on the budget. Please let me know if you have any questions.
Resolved, that the Mamaroneck Town Board hereby sets the date for a Public Hearing on
"Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal
Law" for October 19, 2022.
Attachment/s:
Property Tax Levy in Excess of the Limit Established in General Municipal Law
Page 4 of 118
Local Law No. of the year 2023
Town of Mamaroneck, County of Westchester
A local law authorizing a property tax levy in excess of the limit established in
General Municipal Law §3-c
Section 1. Legislative Intent
It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the
fiscal year commencing January 1, 2023 that requires a real property tax levy in excess
of the "tax levy limit" as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which
expressly authorizes a local government's governing body to override the property tax
cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty
percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Mamaroneck, County of Westchester, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2023 that
requires a real property tax levy in excess of the amount otherwise prescribed in General
Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or the application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court's order or judgment shall not affect, impair, or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Page 5 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Discussion - Housing Authority Agreement
Date: September 29, 2022
Action Requested:
As you can see on the agenda, I have placed a proposed agreement with the Housing Authority on the
work session but not the Affairs of the Town section. The Housing Authority is not meeting until
October 3rd, as well, and I would like them to review and approve it before you take official action.
That said, I wanted you to be aware of the agreement ahead of time. The agreement reflects the minimal
assistance we have been providing the Authority, but now formalizes the relationship and includes a
nominal charge for these services.
Attachment/s:
Housing Authority Administrative Technical Clerical Support
Page 6 of 118
Letter of Agreement
Administrative/Technical/Clerical Support
Town of Mamaroneck Housing Authority
Ms. Meredith Robson
Town Administrator
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, New York 10543
Dear Ms. Robson:
The Town of Mamaroneck Housing Authority (Authority)would like to enter
into an agreement with the Town of Mamaroneck (Town) to provide limited
administrative and clerical support for the Authority's operations. The Authority
does not have permanent office space for filing and other administrative
functions. Also, the Authority does not have employees on staff to provide
administrative support. As a public agency, the Authority must maintain files of
certain legal documents and must maintain minutes of the meetings of the
Authority's Board and the Board's actions. The administrative/clerical support
would be limited to the following:
I. Staff support to attend meetings of the authority in order to take and
subsequently transcribe minutes of Authority Board meetings.
Minutes would need to be maintained in a paper or electronic filing
system accessible to the Authority.
II. Preparation and distribution of Authority meeting agenda package
including the posting of the agenda on the Town website
III. Prepare and maintain a paper or electronic filing system for legal
documents, memorandum, contracts, correspondence and other
documents of the Authority. The filing system would be established
based upon individual subjects as determined by the Authority.
IV. As directed by the Authority, the preparation and posting of legal
notices where required of the Authority for its operations. The
notices would include but not be limited to procurement bid notices,
notices of actions of the Authority including all meetings of the
Authority. The Authority would be responsible for providing the
1IPage
Page 7 of 118
required text of all notices. There would be no further bid related
services required of the Town.
V. When necessary, and as available, provide meeting space in a Town
facility for meetings of the Authority Board, tenant meetings and
other meetings necessary to conduct Authority business. The
Authority Board generally meets once per month, and tenants
meetings are held generally twice per year. Where necessary, the
Town would provide technical support where necessary for remote
meetings in zoom format.
Services required of the Town shall include those described in this agreement.
Any other clerical, technical or miscellaneous services that may be needed by the
authority shall be subject to review and approval by the Town Administrator. The
per meeting cost for a staff person at Authority Board meetings, would be equal
to the amount specified in the Town's collective bargaining agreement with the
CSEA for Board secretaries. For all regular services described herein the Authority
shall pay a monthly stipend of $200. Additional services requiring separate
approval by the Town Administrator shall be paid at a mutually agreed upon price.
Payments will be made by the end of each month.
This agreement shall expire on December 31, 2024 and may be renewed for
subsequent two-year periods by the Town and Authority.
This shall serve as the complete agreement for administrative services to be
provided by the Town to the Authority.
Dolores A. Battalia Meredith S. Robson
Town of Mamaroneck Housing Town Administrator
Authority Chair
2 1 P a g e
Page 8 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Discussion - Clean Water, Clean Ail, Green Jobs Environmental Bond Act of
2022
Date: September 28, 2022
Action Requested:
The attached was forwarded to Supervisor Elkind Eney from Westchester County Executive George
Latimer's Office. We are requesting the following action by the Board:
Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean
Water, Clean Air, Green Jobs Environmental Bond Act of 2022.
Attachment/s:
2022 BOND ACT RESOLUTION
Page 9 of 118
Resolution supporting the Clean Water, Clean Air, Green Jobs Environmental Bond
Act of 2022
Whereas, providing clean drinking water and protecting our local rivers, bays, lakes, streams
and waterfronts from pollution is paramount to quality of life in New York State and the Town of
Mamaroneck; and
Whereas, modernizing water infrastructure will safeguard clean water, reduce flooding, reduce
lead exposure and other public health threats, and create jobs; and
Whereas, the Town of Mamaroneck is vulnerable to extreme weather including deadly heat from
rising temperatures and flooding from severe storms that put people, properties and public
assets across the Town of Mamaroneck at risk; and
Whereas, upgrading transportation and stormwater infrastructure, restoring natural resources,
growing urban forests, building green roofs and upgrading cooling centers will reduce the impact
of extreme weather, saving lives and money; and
Whereas, the COVID-19 pandemic demonstrated the importance of outdoor recreation and
access to fresh, local food, as people flocked to local parks and sought out healthy foods for
their families; and
Whereas, upgrades to facilities at state and local parks and preserves and the creation of new
outdoor recreational areas will benefit our region by protecting wildlife habitat, providing more
people access to nature, and creating jobs in the outdoor recreation economy; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would
authorize the four billion and two hundred million dollars of bonds to finance critical
environmental restoration, clean water, and infrastructure projects across New York State; and
Whereas, the funds would be targeted towards protecting clean water, reducing flood risk,
restoring natural resources, protecting open space and farmland, and reducing the pollution that
causes climate change; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 was passed
by the New York State Legislature as part of the 2022-23 New York State Budget and will
appear on the November 8, 2022, New York State General Election Ballot for voter approval;
and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 includes
strong labor provisions and will support more than 84,000 family -sustaining jobs for New
Yorkers; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would
enable New York State and the Town of Mamaroneck to address pollution and public health
threats in disadvantaged communities by directing at least 35% with a goal of 40% of the
measure's funding to address hazardous conditions in such communities; now, therefore, be it
Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean
Water, Clean Air, Green Jobs Environmental Bond Act of 2022.
Page 10 of 118
• 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
DATE: September 29, 2022
SUBJECT: Award of Bid — TA-22-13 — Memorial Park Walkways & Sidewalk Replacement
Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid
TA-22-13 — Memorial Park Walkways & Sidewalk Replacement.
Action Requested:
Resolved that the Town Board hereby awards the bid to Peter J. Landi, Inc. for the
Memorial Park Walkways & Sidewalk Replacement project at a total bid amount of
$148,300.00 and hereby authorizes the Town Administrator to execute the agreement
and any related documents necessary to carry out its implementation.
Page 11 of 118
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX. 9141381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: September 27, 2022
TO: Meredith Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: Recommendation of Contract Authorization
TA-22-13 — Memorial Park Walkways & Sidewalk Replacement
GENERAL:
Bid procurement was recently completed for the Memorial Park Walkways and Sidewalk
Replacement. The project involves the removal and replacement of concrete sidewalks, curbing,
ADA ramps, asphalt walkways and restoration.
On September 22na, 2022, five (5) bid proposals were received as summarized on the attached
bid tabulation table. The apparent low bidder is "Peter J. Landi, Inc" at the submitted total price
of $148,300.00 for the full project scope. Supplemental bid items for rock excavation and
adjustment of utility curb stop boxes were submitted at $200 per cubic yard and $250 per each,
respectively in the event that either work item is required during construction.
The Engineering Department has extensive experience working with the Contractor on Town
capital projects, including the most recent Senior Center Parking Lot Improvements. Work
completed by Peter J. Landi, Inc has been consistently good quality and conducted in a
professional manner. Peter J. Landi, Inc. remains contracted with the Town under its "On -Call
Infrastructure Repairs TA-21-16" contract used for smaller projects. No errors or omissions that
could potentially impact the viability of their bid price have been identified at this time. The
Engineering Department recommends authorization of contract award to Peter J. Landi, Inc in
the amount of $148,300.00.
Budget for walkways and sidewalk replacement at Memorial Park was planned as part of capital
project CP-2020.73. Incorporation of a contingency budget in the amount of $15,000.00 for
supplemental bid items is recommended. Overall considered costs of $163,300.00 are fully
contained within the available balance allocated to the capital project.
Please feel free to contact me with any questions.
Page 12 of 118
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age 13 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Jill Fisher, Superintendant of Recreation
Re: Food Service Establishment Permit Renewals - Meals on Wheels and Senior
Nutrition Program
Date: September 29, 2022
Action Requested:
Attached please find a memo from Jill Fisher, Superintendent of Recreation, regarding the Westchester
County Department of Health Permit to Operate Renewal Applications. We are requesting the
following action by the Board:
Resolved that the Town Board hereby authorizes submittal of the permit to operate
Renewal Applications for The Senior Nutrition and Meals on Wheels programs.
Page 14 of 118
Town of Mamaroneck
Recreation Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
Jfisher@townofmamaroneckNY.org
Date: September 28, 2022
To: Meredith Robson, Town Administrator
From: Jill Fisher, Superintendant of Recreation
Subject: Food Service Establishment Permit Renewals - Meals on Wheels and Senior
Nutrition Program
General:
Attached are the Westchester County Department of Health Permit to Operate Renewal Applications
that are a requirement to operate the Senior Nutrition Program held at the Senior Center and the Meals
on Wheels Program. The current permit to operate these food services is expiring and requires
submission of a renewal application and completion of the attached Certificate of Resolution for
Authorization by the Town Board.
Attachment/s:
Recreation —I
Recreation 2
Page 15 of 118
gVtche )terms
George Latimer
County Executive
SherEta Amler, M.D.
Commissioner of Health
PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873,301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
I. Submit vour "Renewal Application for a Permit to Operate"
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name" only, you cannot use this form. Please contact your
Regional Office for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers' Comp Board at 518-486-6307. If you do no:
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www.wcb.ny.gov.
3. Corporate Ownership
If ownership of the business is a corporation, you must Ile the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re -certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office.
(over)
1) apartment of Health
'_'-i \loore Ave iiue
1i-,unt hi5co, Nett r'or1; 10519 'l(llcph�)ne: (91-1) 81 : 000
Page 16 of 118
5. Application Fee
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see "Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALTH DEPARTMENT
BE SURE APPLICATIONS ARE COMPLETE
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mourn Kisco, NY 10549
(914) 864-7330
Page 17 of 118
Permit toOperate
A
Renewal Application Westchester County Department of Health
Business / Location Information (Please modify only if information has changed.)
Business
Name MEALS ON WHEELS - T. MAMA. / V. MAMA Facility Code: 01-M093-A
Address 740 WEST BOSTON POST ROAD Business Phone (914) 381-7 %b(pS
MAMARONECK NY 10543
Location Village of MAMARONECK
County WESTCHESTER
Mail To
THE TOWN OF MAMARONECK
Business Fax ( )
Business Website (A
Business Email anowlin-downey@townofmamaroneck org
ATTN. ZeCTeafv� P°`�rv.eni
740 W. BOSTON POST RD,
MAMARONECK, NY 10543-
Permitted
Operation
Permit Number 01-M093-A
Permit Expiration Date
November 30, 2022
Fee Exempt
MEALS ON WHEELS - T. MAMA. / V. MAMA. / V. LARCH. Operation ID: 687265
SOFA Food Service - SOFA Prep Site -State Office for the Aging
In Operation: 4P Year -Round (J Seasonal
Capacity: ?
If Seasonal: Expected Opening Date Expected Closing Date
Month/Day
Days/Hours of Operation:
Permit Applicant Information (Please modify only if information has changed.)
Legal Operator or Operating Corporation: THE TOWN OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR MEREDITH ROBSON
Title First M Last
Address ATTN. .yt� S (-c,4jM 740 W BOSTON POST RD,
City, State, Zip MAMARONECK NY 10543
MonthlDay
Primary Phone
(914) 381-;R4 Ext
Cell
Fax (914) 381 v r Emergency Contact
Other Phone
( ) Ext
Cell
E-maitownofmamaroneckny.org
n i r0 6Sbn
Location Owner: THE TOWN OF MAMARONECK
Address
ATTN: jZC!'fh'I 6A`a�}.
740 W BOSTON POST RD.
City, State, Zip
MAMARONECK NY 10543-
Primary Phone
(914) 381 7S Ext
Cell
Fax (914) 381-;OOT� Emergency Contact
Other Phone
( ) Ext
Cell
E-mail Adaacy@townofmamaronecknyorg
S kf r
Page 1 of 2 Facility Name/Code. MEALS ON WHEELS - T. MAMA_ / V. MAMA 01-M093-A (rev 4,.13
Page 18 of 118
Permit to Operate
Renewal Application
Westchester County Department of Health
Workers' Compensation and Disability Insurance
Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law:
A. Workers Compensation and Disability Insurance Coverage is PROVIDED
Workers Compensation
Form C-105.2 - Certificate of Worker's Compensation Insurance OR
Form U-26.3 - Certificate of Workers' Compensation Insurance OR
Form SI-12 -Certificate of Workers' Compensation Self -Insurance OR
GSI - 105.2 - Certificate of Participation in Workers' Compensation Group Self -Insurance
AND
Disability Benefits
DB-120.1 - Certificate of Disability Benefits OR
Form DB-155 - Certificate of Disability Benefits Self -Insurance
B. Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200 - Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage
Return Completed Application
Please return completed application to: Westchester County Department of Health
Make checks payable to "Westchester Mount Kisco Central Office
County Department of Health" and 25 Moore Avenue
include the permit number. Mount Kisco NY 10549
(914)864-7330 Fax: (914)813-5970
Signature of Individual Operator or Authorized Official (Entire section must be completed by all applicants.)
I would like to receive information /and official correspondence related to this permit at the email address below: (Ydl�4_ No _ )
@ oir
"Operation without a v lid permit is a violation of New York State Law and/or State Sanitary Code."
Signature
`�
Print Name�pL� Aj� ��c .Cgyt Title �j�., d^n.vt S+o��cr/ Date -
FOR OFFICE USE ONLY
Permit issuance recommended? ❑Yes ❑No Permit Effective Date Permit Expiration Date
Conditions of approval
Signature Title Date
n
Page 2 of 2 Facility NamefCode MEALS ON WHEELS - T. MAMA. I V. MAMA 01-M093-A = '
Page 19 of 118
CERTIFICATE OF RESOLUTION
FOR AUTHORIZATION
The Undersigned, of
Fame of Corporation , a corporation
Duly organized and validly existing under the laws of (State)
Hereby certifies that the following resolution was duly adopted by the Board of Directors, of said
Corporation, at a meeting duly called and held on the day of 20
Be it resolved that the Board of Directors. or President if there is no Board of Directors, of (Name of
Corporation)
With offices at. -
Hereby authorizes (Name if person authorized):
To execute and deliver to the Westchester County Department of Health, for and on behalf of said
corporation, and application for a per nit to operate a (ty pe of operation):
to execute and deliver any and all additional documents which may be appropriate or desirable in
connection there« ith.
'rhe undersigned further certifies that said resolution has not been revoked, rescinded or modified and
remains in full force and effect on the date hereof.
In WITNESS WHEREOF, the undersigned has duly executed -this certificate
This day of 20
OFFICER'S SIGNATURE:
'TITLE:
STATE U
Cot tNTY.
Un this clay of _ 20 before me personal[% came
to me known. and kno« n to me to be the of
the corporation referred to in the %%rthin Certificate of
Rcsolution. ,rho being bduly s«orn slid depose and say that (1s)he is .....
of said corporation and that (s)he signed his/her name thereto.
.N() iARY t'i. 31.1c
..... _-....
'ttl UNf'Y
Page 20 of 118
W
pstchester
g-m - om
George Latimer
County Executive
Sherlita Amler, M.D.
Commissioner of Health
PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
1. Submit your "Renewal Application for a Permit to Operate"
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name" only, you cannot use this form. Please contact your
Regional Office for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers' Comp Board at 518-486-6307. If you do not
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www,wcb.nygov.
3. Corporate Ownership
If ownership of the business is a corporation, you must file the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re -certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office,
(over)
I) -spa rtment of Heal th
]foore Avenue
i;,unt Ni;co. New fork 105 19 Tcl(2i)h1mc (:iL!) H1�;-•it)�lU t..�.� �,'� I I � ;���,
Page 21 of 118
5. Application Fee
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see "Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALTH DEPARTMENT
BE SURE APPLICATIONS ARE COMPLETE
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mount Kisco, NY 10549
(914) 864=7330
Page 22 of 118
Permit A Operate Westchester County Department artment of Health
Renewal Application
uusiness / Location Information (Please modify only if information has changed.)
Business
Name TOWN OF MAMARONECK SR. NUTRITION PRO
Facility Code: 01-M092-B
Address 1288 BOSTON POST ROAD Business Phone
(914) 834-8840
LARCHMONT, NY 10538 Business Fax
( )
Location Town of MAMARONECK Business Website
County WESTCHESTER Business Email
�.}t�ho r�iria.m.,fnntfK/ty,
Mail To
t��
1
THE TOWN OF MAMARONECK
Permit Number 01-M092-B
ATTN: ���cre- �+• (1.�•�,�..
Permit Expiration Date
740 W. BOSTON POST RD.
November 30, 2022
MAMARONECK, NY 10543-
Fee Exempt
Permitted
Operation
In Operation
Capacity:
TOWN OF MAMARONECK SR. NUTRITION PROGRAM Operation ID: 687267
SOFA Food Service - SOFA Satellite Site -State Office for the Aging
Year -Round Seasonal If Seasonal: Expected Opening Date Expected Closing Date
Montn, Day Month,Day
160 Seats Days/Hours of Operation:
Permit Applicant Information (Please modify only if information has changed.)
Legal Operator or Operating Corporation: THE TOWN OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR MEREDITH ROBSON
Title First tit Last
Address ATTN.- ��1rn;h;�rc 740 W BOSTON POST RD.
City, State, Zip MAMARONECK NY 10543-
Primary Phone (914) 381-.;940 Ext
Other Phone ( ) - Ext
Location Owner: THE TOWN OF MAMARONECK L Address ATTN: E tcecTRcT,�I�
City, State, Zip MAMARONECK NY 10543-
Primary Phone (914) 381-J,8r16 -7f�6,5- Ext
Other Phone ( ) - Ext
Cell Fax qN - 3 S ( - A Q j Emergency Contact
Cell E-mail ad@aoy@townofmamaroneckNYorg
h' r-06SUVq
740 W BOSTON POST RD.
Cell
Fax r/t- Emergency Contact
Cell E-maiL-adaaey@townofmamaroneckNYorg
T>c;s►,t,--
Page 1 of 2 Facddy Name'Ccde TOWN OF MAMARONECK SR NUTRITION PRO 01-M092-B
Page 23 of 118
Permit to Operate
Renewal Application
Workers' Compensation and Disability Insurance
Westchester County Department of Health
n
Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law:
A. Workers Compensation and Disability Insurance Coverage is PROVIDED
Workers Compensation
Form C-105.2 — Certificate of Worker's Compensation Insurance OR
Form U-26.3 — Certificate of Workers' Compensation Insurance OR
Form SI-12 — Certificate of Workers' Compensation Self -Insurance OR
GSI — 105.2 — Certificate of Participation in Workers' Compensation Group Self -Insurance
AND
Disability Benefits
DB-120.1 - Certificate of Disability Benefits OR
Form DB-155 — Certificate of Disability Benefits Self -Insurance
B. Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200 — Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage
Return Completed Application
Please return completed application to: Westchester County Department of Health
Make checks payable to "Westchester Mount Kisco Central Office
County Department of Health" and 25 Moore Avenue
include the permit number. Mount Kisco NY 10549
(914)864-7330 Fax: (914)813-5970
Signature of Individual Operator or Authorized Official (Entire section must be completed by all applicants.)
I would like to receive inf°r tiand official correspondence related to this permit at the email address below: (Yes No _ )
wk ek ,ro ec-
4
"Operation without a valid permit is a
Signature
Print Name
FOR OFFICE USE ONLY
on oj New York State Law and/or State Sanitary Code."
Title
Permit issuance recommended? ❑Yes QNo Permit Effective -Date
Conditions of approval
Signature
Title
Date C/` -�2
Permit Expiration Date
Date
Page 2 of 2 Facility Name/Code: TOWN OF MAMARONECK SR. NUTRITION PRO 01-MC92-B (rev d ' d
Page 24 of 118
CERTIFICATE OF RESOLUTION
FOR AUTHORIZATION
The Undersigned, of
Name of Corporation a corporation
Duly organized and validly cxisting under the laws of (State)
Hereby certifies that the following resolution was duly adopted by the Board of Directors, of said
Corporation, at a meeting duly- called and held on the day of 20
Be it resolved that the Board of Directors. or President if there is no Board of Directors, of (Name of
Corporation)
With offices at:
Hereby authorizes (Name if person authorized):
To execute and deliver to the Westchester County Department of Health, for and on behalf of said
corporation. and application for a permit to operate a (type of operation):
to execute and deliNer any and all additional documents which may be appropriate or desirable in
connection there,.%ith.
The undersigned further certifies that said resolution has not been revoked, rescinded or modified and
remains in full force and effect on the date hereof.
In WITNESS WHEREOF, the undersigned has duly executed this certificate
This day of 20
OFFICER'S SIGNATURE:
TITLE:
STATE 0I
011 this day of . 2U before me personall} came
to me kno%cna . lid Lno«n to me to be the of
the corporation referred to in the 1% ithin Certificate; of
Resolution. ceho being be club scorn did depose and sac that (s)he is
ol'sard corporation and that whe siunied his:her name thereto.
",OFARY f'IAiLIC
_ COUNTY
Page 25 of 118
Chapter 207
TREES
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 7-17-1985
by L.L. No. 10-1985 (Ch. 76A of the 1975 Code). Amendments noted where
applicable.]
Boards and commissions — See Ch. 5.
GENERAL REFERENCES
Wetlands and watercourses — See Ch. 114.
Conservation areas — See Ch. 77. Site plan review — See Ch. 177.
Environmental quality review — See Ch. 92. Subdivision of land — See Ch. 190.
Fire prevention and building construction — See Ch. 106. Zoning — See Ch. 240.
Flood damage prevention — See Ch. 110.
§ 207-1. Findings; purpose. [Amended 3-15-2017 by L.L. No. 4-20171
A. The destruction or damage to shade, ornamental and evergreen trees and plants and
the indiscriminate and excessive cutting of these trees in subdivisions and on
private property causes barren and unsightly conditions, creates increased surface
drainage problems, increases municipal costs to control drainage, impairs the
stability and value of improved and unimproved real property and causes
deterioration to the community which adversely affects the health, safety,
environment, ecosystems and general welfare of the inhabitants of the Town of
Mamaroneck. This chapter seeks to correct these conditions.
B. "Environmental Planner" means the person serving in that capacity. If the position
of Environmental Planner is vacant, or if the Environmental Planner is unable to
perform the tasks of that position, the Town Board may appoint another Town
employee or a consultant to perform the tasks required to be performed under this
chapter.
§ 207-2. Cutting or destruction of trees restricted; exceptions. [Amended
7-17-1996 by L.L. No. 14-1996; 3-15-2017 by L.L. No. 4-20171
A. No person, firm or corporation or individual connected with such firm or
corporation shall either purposely or negligently cut down, lull or otherwise destroy
or commit any act which will lead to the eventual destruction of any tree exceeding
six inches in diameter at a height of four feet measured from the ground on any
private property unless he is in the possession of a permit to do so issued by the
Environmental Planner pursuant to § 207-4. Permits issued for any other purpose
by the Town shall not be valid for this purpose. A lot of 20,000 square feet or less
substantially developed with improvements and a structure or structures situated
thereon shall be exempt from this section.
B. Notwithstanding any other provision of this chapter, any property owner applying
207:1
Page 26 of 118
§ 207-2 MAMARONECK TOWN CODE § 207-4
for subdivision or site plan approval whose plans would require the removal of any
trees on said property shall make application to the Planning Board of the Town
of Mamaroneck, which shall have sole jurisdiction regarding the proposed removal
of such trees. The Planning Board may grant or deny such application on such
terms and conditions as it may- prescribe, it being understood that there must, in
any event, be full compliance with Chapter 190, Subdivision of Land, and Chapter
177, Site Plan -Review, of the Code of the Town of Mamaroneck. In the event
that a property owner, subsequent to the filing of a final plat or site plan, shall
require the removal of any trees which deviates from the plans approved by the
Planning Board, application must be made to the Environmental Planner and all the
requirements of this chapter shall be applicable.
§ 207-3. Additional duties of Environmental Planner. [Amended 11-28-1990 by
L.L. No. 6-1990; 9-25-1991 by L.L. No. 8-1991; 5-15-1996 by L.L. No. 12-1996;
4-22-2003 by L.L. No. 12-2003; 3-15-2017 by L.L. No. 4-2017]
In addition to its other duties as provided for in this chapter, the Environmental Planner
shall advise the Town Board in its selection, purchases, placement, and planting of trees
and shrubs on municipal property and shall maintain an inventory and management plan
for the continued maintenance and improvement of municipal plantings.
§ 207-4. Criteria for removal of trees. [Amended 5-18-2005 by L.L. No. 8-20051
A. Permits for the removal of trees may be granted under the following circumstances:
(1) If the presence of trees would cause hardship or endanger the public or the
person or property of the owner.
(2) On property to be occupied by buildings or structures, within a distance of 10
feet around the perimeter of such building or structure, depending upon tree
species and conditions to be determined by the Environmental Planner.
[Amended 3-15-2017 by L.L. No. 4-20171
(3) If the trees substantially interfere with a permitted use of the property, and the
removal of the trees shall be performed in a selective manner.
(4) If the property shall have an approved cut or fill of land deemed by the
Environmental Planner to be injurious or dangerous to the trees. [Amended
3-15-2017 by L.L. No. 4-2017]
(5) Where the trees to be removed are dead or so substantially diseased that, in the
opinion of the Environmental Planner, the tree constitutes a potential danger.
[Amended 3-15-2017 by L.L. No. 4-20171
B. Notwithstanding Subsection A of this section, if the Environmental Planner
determines that a tree is hazardous to life or property, it may grant a permit for the
immediate removal of such tree without having to follow the procedures or
requirements set forth in Subsections A, B, C, F and G of § 207-6 of the Code or
§ 207-10 of the Code. [Amended 3-15-2017 by L.L. No. 4-20171
C. The determination of the Environmental Planner shall be final and shall depend
upon the species of the tree, the degree of injury and the likelihood of the survival
207:2
Page 27 of 118
§ 207-4 TREES § 207-6
of the tree and consideration of the general welfare and the overall environment of
the area, except that it shall be subject to such review as is authorized by § 207-61-1.
[Amended 3-15-2017 by L.L. No. 4-20171
§ 207-5. Qualifications for issuance of permits. [Amended 5-18-2005 by L.L. No.
8-2005; 3-15-2017 by L.L. No. 4-20171
Starting in 2018, at least once every five years, the Environmental Planner shall take
a course, at the Town's expense, from an organization whose educational purposes
include dendrology (the science of trees). Such course must include an introduction in
determining the health of trees. Anyone hired to replace the then current Environmental
Planner shall take such a course by no later than December 31 of the year following the
year of that person's appointment and thereafter shall take such course at least once every
five years.
§ 207-6. Tree removal permit procedure; bond. [Amended 2-6-1991 by L.L. No.
1-1991; 9-5-2007 by L.L. No. 9-2007; 8-17-2011 by L.L. No. 8-2011; 3-15-2017 by
L.L. No. 4-2017]
A. All applications for permits hereunder shall be made in writing and verified under
oath upon forms prescribed by the Environmental Planner and approved by the
Town Board of the Town of Mamaroneck. The fee for each application is as set
forth in § A250-1 and is payable upon submission of the application.
B. The applicant shall submit plans showing existing and proposed contours at two -
foot intervals on a map or plan, at a scale no smaller than one inch equaling 50 feet.
Where trees are to be removed or destroyed, existing trees, specifying types and
sizes, shall be shown and the reasons for removing or destroying said trees shall be
set forth. The plans shall provide for new trees to be planted and shall specify their
location and type to replace the existing trees in kind. When the existing trees are
so large and mature that they cannot be replaced, the Environmental Planner may
require planting of multiple trees instead. On substantially wooded lots (lots
containing 30 or more trees per acre meeting the requirements of § 207-2A), the
Environmental Planner shall have the discretion of waiving the requirement of
replacement of each tree in kind or payment of a fee.
C. The Environmental Planner may require additional information such as the design
of walls, disposition and design of storm drainage and any other information
pertinent to the individual circumstances.
D. Where extensive tree cutting is planned, the Environmental Planner may require the
applicant to pay for an Inspector to be assigned by the Environmental Planner to
supervise the orderly development of the land and ensure the protection of the trees.
E. The Environmental Planner shall require that the applicant or applicant's
representative who shall be performing the work shall furnish the Town with a
performance bond as approved by the Counsel to the Town in an amount sufficient
to cover 90% of the planting and restoration work to be completed in accordance
with the plans accompanying the application. The remaining 10% of the cost of
restoration and replanting shall be in cash, deposited in a special tree preservation
escrow account. The total amount of the bond and cash deposit shall reflect all
207:3
Page 28 of 118
§ 207-6 MAMARONECK TOWN CODE § 207-7
restoration and protection costs and shall be in accordance with each set of
individual circumstances. Upon completion of all planting and restoration work
to the satisfaction of the Environmental Planner, the performance bond shall be
canceled and replaced with a maintenance bond to be approved by the Counsel to
the Town and to run for a term of two years. The ten -percent cash in escrow shall
remain on deposit with the Town until the maintenance bond is canceled.
F. The Environmental Planner, within 20 days from the date the application is
submitted in final form, shall approve or disapprove the application for permit. No
trees shall be cut pursuant to a validly issued permit for a period of 10 days from
the date of the issuance of said permit. The failure to act upon the application for
permit within said 20 days shall be deemed a granting of automatic approval by the
Environmental Planner of the application for permit.
G. All decisions or determinations made by the Environmental Planner approving
applications pursuant to this chapter shall be sent to property owners within a two -
hundred -fifty -foot radius of the area in question and to the Planning Board.
H. Any person, firm, organization or corporation entitled to receive notice of a
decision or determination made by the Environmental Planner has the right to
appeal that decision or determination to the Board of Appeals, which may affirm,
annul or modify that decision or determination. Notice of that appeal must be in
writing, must be accompanied by the appellant's reasons for annulling or modifying
the Environmental Planner's decision or determination and must be received by the
Environmental Planner no later than the 14th day after the notice of a decision or
determination was mailed to the appellant. The Environmental Planner's decision
and determination shall be stayed until the Board of Appeals decides the appeal or
the appeal is dismissed or withdrawn. The decision of the Board of Appeals on that
appeal shall be filed with the Environmental Planner.
I. Any person aggrieved by a decision of the Board of Appeals, may apply to the
Supreme Court of the State of New York for review of that decision by a proceeding
brought under Article 78 of the Civil Practice Law and Rules. Such proceeding
must be instituted within 30 days after the decision of the Board of Appeals is filed
with the Environmental Planner.
J. The Environmental Planner may revoke any permit if the work is not proceeding
according to permit.
K. If an applicant is required to obtain a building permit for construction on the
applicant's property and if the proposed construction calls for trees on the
applicant's property to be cut down and if the applicant satisfies the criteria for a
permit to remove certain trees so that the proposed construction can proceed, the
permit to remove those trees shall not be issued until a building permit for the
applicant's proposed construction is issued.
§ 207-7. Tree removal; restoration.
A. All persons who remove or cause to be removed trees with or without a permit, as
required, shall restore the area by backfilling all holes and by creating an acceptable
grade and covering, subject to approval by the Environmental Planner. Any tree
207:4
Page 29 of 118
§ 207-7 TREES § 207-8
damaged during construction or development of the property shall be either
replaced in kind or, where existing trees are so large and mature that they cannot
be replaced, the Environmental Planner may require the planting of multiple trees
instead. Minor tree damage shall be repaired in accordance with accepted tree
surgery practice. [Amended 3-15-2017 by L.L. No. 4-20171
B. Tree stumps shall be removed, not cut flush. After the planting of trees, removal of
all debris in the disturbed area shall be made immediately. The property where such
planting is done must be left in a neat and orderly condition with good and
acceptable planting and tree surgery practice. On substantially developed lots, the
Environmental Planner shall have the discretion, when it is not reasonably feasible
to maneuver stump removal equipment to the location of a stump or where the
stump is in close proximity to existing structures, to modify the provisions of this
subsection with regard to stump removal. [Amended 2-6-1991 by L.L. No. 1-1991]
C. All trees which fail to survive for a period of two calendar years following planting
shall be replaced by the permit holder at no expense to the Town or the owner of
the land, if other than the holder of the permit. Said replacement shall be within 60
days following written demand for such replacement from the Environmental
Planner or within an extended period of time as may be specified. Should the permit
holder fail to replace the trees pursuant to demand within the required period of
time, the Environmental Planner shall have the right to declare the maintenance
bond in default and apply the escrow cash deposit and the proceeds of the bond to
replace the required trees. [Amended 3-15-2017 by L.L. No. 4-2017]
D. All tree planting, tree dressing and associated restoration work must be
substantially completed within six months from the date of issuance of the permit
except that the permit may be extended by the Environmental Planner, which shall
have the sole discretion to grant such an extension. Under all circumstances, the
performance bond obtained by the permit holder shall continue in full force and
effect until there has been full compliance and approval of all restoration work by
the Environmental Planner. In the event that planting and restoration work has not
been substantially completed within six months and no permit extension has been
applied for or granted, the Environmental Planner shall have the right to consider
the site abandoned and declare the performance bond in default and may apply the
escrow deposit and the proceeds of the bond to perform all required planting and
restoration work. By accepting a permit, the holder thereby agrees to this procedure
and grants unconditional access to the land for such restoration purposes.
[Amended 3-15-2017 by L.L. No. 4-2017]
§ 207-8. Certificate of occupancy. [Amended 10-16-2002 by L.L. No. 10-2002;
3-15-2017 by L.L. No. 4-2017; 1-20-2016 by L.L. No. 1-20161
No certificate of occupancy shall be issued by the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration until all tree planting,
tree dressing and associated restoration work shall be completed to the satisfaction of
the Environmental Planner except that, where a certificate of occupancy is applied for
between October 31 and April 1, the permit holder shall submit an agreement, in writing,
to the Town signed by the permit holder to ensure compliance with all planting and
restoration work to the satisfaction of the Environmental Planner on or before the first
day of May next following the making of the agreement. The escrow cash deposit and
207:5
Page 30 of 118
§ 207-8 MAMARONECK TOWN CODE § 207-11
the bond obtained by the permit holder shall continue in full force and effect until
the planting and restoration work has been completed. Should the permit holder fail to
complete the restoration work on or before May I next following the execution of the
agreement, the Environmental Planner shall have the right to declare said performance
bond in default and apply the escrow cash deposit and the proceeds of the bond to restore
the land.
§ 207-9. Enforcement. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by
L.L. No. 1-20161
The Building Inspector or the Director of Building Code Enforcement and Land Use
Administration or either's designated representative of the Town of Mamaroneck shall
enforce this chapter.
§ 207-10. Removal of trees on Town -owned land.
A. No department, agency, commission or authority in the Town of Mamaroneck,
employee of the Town of Mamaroneck or any firm or individual retained by the
Town shall propose to or shall cut down, kill or otherwise destroy more than five
trees, each exceeding six inches in diameter at a height of four feet measured from
the ground, within an area of 2,500 square feet, or any single tree exceeding 18
inches in diameter at a height of four feet measured from the ground on Town
property, with the exception of Town highways within the Town of Mamaroneck,
without first filing a statement with the Town Board.
(1) The statement required hereunder shall be made, in writing, to the Town Board
on a form approved by the Town Board. Such statement shall specify the
particular type of work to be performed, the exact location, a general
description of the tree or trees that shall be removed and a sketch plan, if
appropriate and required, together with the reasons for the removal of said tree
or trees.
(2) Upon filing said statement with the Town Board, notification shall be sent to
owners of record of land within a radius of 250 feet from the tree or trees that
are to be removed. In addition thereto, notice of the proposed removal of said
tree or trees shall be published in the official newspaper of the Town of
Mamaroneck.
(3) The Town Board shall be stayed from making any decision or determination
for a period of 10 days from the date of publication. In the event that any
person, firm, organization or corporation aggrieved, affected or interested in
the removal of said tree or trees shall file an objection with the Town Board,
in writing, five days prior to the Town Board meeting, said Town Board shall
not make any decision or determination until its next regular or special Town
Board meeting following the filing of said objection.
B. All contracts entered into by the Town with firms or individuals for work to be
performed on Town -owned land, excluding Town highways, shall contain a
provision that there shall be complete compliance with § 207-10A of this chapter.
§ 207-11. Penalties for offenses.
207:6
Page 31 of 118
§ 207-11 TREES § 207-11
A. Any person, firm or corporation violating any of the provisions of this chapter shall
be guilty of an offense, the fine for which shall not exceed $1,000. [Amended
7-17-1996 by L.L. No. 14-19961
B. Civil penalty. In addition thereto, any person, firm or corporation violating any
provision of this chapter shall be subject to a civil penalty enforceable and
collectible by the Town in the amount of $100 each and every day that the violation
continues, for each and every tree. In addition thereto, the violator will be required
to replace each and every tree so taken down in accordance with § 207-7.
207:7
Page 32 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Amendment of the Cost for Renewing Building Permits
Date: September 29, 2022
Action Requested:
Attached is the draft local law entitled "Amendment of the Cost for Renewed Building Permits". An
issue occurred with the notification of the public hearing, so we are requesting that the Town Board
defer the public hearing to the October 19, 2022 Town Board Meeting.
Resolved, that the Town Board hereby sets the date for a Public Hearing on the
"Amendment of the Cost for Renewed Building Permits Law", for Wednesday, October
19, 2022.
Attachment/s:
16 Sep 2022 - Amendment of the Cost for Renewed Building Permits - Pdf
2022-9-16-amendment of permit renewal fees
Page 33 of 118
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: Amendment of the Cost for Renewed Building Permits
General:
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 pen -nit. 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 perforned. 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
Page 34 of 118
Local Law No. - 2022
This local law shall be known as the "Amendment of the Cost for Renewed Building Permits" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1— Purpose:
The purpose of this law is to update the fee for renewing a building permit.
Section 2 — Amendment of a current section of the Mamaroneck Code:
Section A250-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the
following language therefrom:
"Permit renewals: 1/12 of the original building permit fee multiplied by the number of months to
be extended, but in no case to be less than $500"
and substituting for it the following language:
"The fee for renewing a building permit for residential construction, which will last for a six (6)
month period, shall equal 50% of the original building permit fee or $1,000, whichever is less.
The fee for renewing a building permit for construction, other than residential construction, which
will last for a six (6) month period, shall equal 50% of the original building permit fee or $1,500,
whichever is less."
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 16, 2022
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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 Monday, October 3, 2022 at 8:00 PM or as soon
thereafter as is possible, to consider the "Flood Damage Prevention" law, at the Town
Center, 740 W. Boston Post Road, Mamaroneck, New York.
Purpose:
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 facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize the threat of such
damages, the State of New York has promulgated a model law. This local law will adopt that
model law.
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 27, 2022
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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
mrob son@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 review of the Town's law, Rich is
recommending adoption of the New York State Department of Environmental Conservation Model
Law.
Resolved that the Town Board hereby accepts the model code and sets a public hearing for
October 3, 2022.
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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 from the NYDEC indicating that they revised the Flood Insurance Rate
Maps (FIRM) and issued a Letter of Map Revision (LOMR). That triggered a review of the Town's
Local Law #8 of 2007. They found that the local law was outdated and they recommended the
adoption of the model local law. After reviewing the model local law provided by the NYDEC, it is
my recommendation that the Town Board accept the model law to replace the current local law #8 of
2007 (chapter 110 of the code). This would need to go to a public hearing prior to being adopted.
Attachment/s:
Memo Stvle Redacted
MamaroneckT 360917 ModelLocalLaw Flood plain directions
MamaroneckT 360917 ModelLocalLaw Flood plain
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This Local Law No. - 2022
This local law shall be known as the "Flood Damage Prevention" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1— Purpose:
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 facilities, both publicly and privately owned, and injury to
and loss of human life. In order to minimize the threat of such damages, the State of New York
has promulgated a model law. This local law adopts that model law.
Section 2 — Amendment of a current section of the Mamaroneck Code:
Chapter 110 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 110 Flood Prevention
§110-1
Findings
§110-2
Statement of purpose
§110-3
Objectives
§110- 4
Definitions
General Provisions
§110-5 Lands to which this chapter applies
§110-6 Basis for establishing the areas of special flood
hazard
§110-7 Interpretation and conflict with other laws
§110-8
Severability
§110-9
Penalties for non-compliance
§110-10
Warning and disclaimer of liability
Administration
§110-11
Designation of the local administrator
§110-12
The floodplain development permit
§110-13
Duties and responsibilities of the local administrator
§110-14
General construction standards
§110-15
Subdivision proposals
§110-16
Encroachments
§110-17
Standards for all structures
§110-18
Storage tanks
§110-19
Residential structures (Elevation)
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§110-20 Non-residential structures (Elevation)
§110-21 Manufactured homes and recreational vehicles
§110-22 Accessory structures including detached garages
Variance Procedure
§110-23 Appeals board
§110-24 Conditions for variances
§110-1 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 facilities, both publicly and privately owned, and injury to and loss of
human life. In order to minimize the threat of such damages and to achieve the purposes
and objectives hereinafter set forth, this chapter is adopted.
§110-2 STATEMENT OF PURPOSE
It is the purpose of this chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights
or velocities,
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction,
(3) control the alteration of natural 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.
§110-3 OBJECTIVES
The objectives of this chapter are:
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(1) to protect human life and health,
(2) to minimize expenditure of public money for costly flood control projects,
(3) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public,
(4) to minimize prolonged business interruptions,
(5) to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone, sewer lines, streets and bridges located in areas of special flood
hazard,
(6) to help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas,
(7) to provide that developers are notified that property is in an area of special flood
hazard, and
(8) to ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
§110- 4 DEFINITIONS
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most reasonable
application.
"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 chapter or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
annual depth of one to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone A,
AE, AH, AO, Al-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base
floodplain or 100-year floodplain. For purposes of this chapter, 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 operations or storage of equipment or materials.
"Elevated building" means a non -basement building (i) built, in the case of a building in Zones
Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a
building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of pilings, columns (posts and
piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to
impair the structural integrity of the building during a flood of up to the magnitude of the base
flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones 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.
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"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community
published by the Federal Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in
detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water
from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
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"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The
term does not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the Town Board to administer and implement
this chapter by granting or denying development permits in accordance with its provisions.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirements of this chapter.
"Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88),
or other datum, to which base flood elevations shown on a community's Flood Insurance Rate
Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by the community and includes
any subsequent improvements to such structure.
"One -hundred -year flood" or "100-year flood" has the same meaning as "Base Flood".
"Principally above ground" means that at least 51 percent of the actual cash value of the structure,
excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
(4) not designed primarily for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height as determined by the Federal
Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in
Section 110-13 B of the Code.
"Start of construction" means the date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after
the date of issuance. The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of a slab
or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers
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or foundations, or the erection of temporary forms, or the installation of accessory buildings such
as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. The term includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude
the structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
GENERAL PROVISIONS
§110-5 LANDS TO WHICH THIS CHAPTER APPLIES
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the
Town of Mamaroneck.
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§110-6 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
Management Agency:
(1) Flood Insurance Rate Map Panel Numbers:
36119C0332F, 36119C0334F, 36119C0342F, 36119C0351F, 36119C0353F,
36119C0361F
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 chapter. The
Flood Insurance Study and/or maps are on file at: 740 West Boston Post Road, Mamaroneck,
NY 10543.
§110-7 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This chapter 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 prevention.
In their interpretation and application, the provisions of this chapter shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, and welfare.
Whenever the requirements of this chapter are at variance with the requirements of any
other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that
imposing the higher standards, shall govern.
§110-8 SEVERABILITY
The invalidity of any section or provision of this chapter shall not invalidate any other
section or provision thereof.
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§110-9 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 chapter and any other applicable regulations. Any
infraction of the provisions of this chapter 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 chapter 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 chapter for
which the developer and/or owner has not applied for and received an approved variance
under section 110-23 and section 110-24 of the Code will be declared non -compliant and
notification sent to the Federal Emergency Management Agency.
§110-10 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This chapter 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 chapter 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 chapter or any administrative decision lawfully made there
under.
ADMINISTRATION
§110-11 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector or in the absence of a Building Inspector, the Director of Building
Code Enforcement and Land Use Administration is the Local Administrator to administer
and implement this chapter by granting or denying floodplain development permits in
accordance with its provisions. The Local Administrator may designate a person to act as
the Local Administrator in connection with any matter to which this chapter applies.
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§110-12 THE FLOODPLAIN DEVELOPMENT PERMIT
A. PURPOSE
A floodplain development permit is hereby established for all construction and other
development to be undertaken in areas of special flood hazard in this community for
the purpose of protecting its citizens from increased flood hazards and insuring that
new development is constructed in a manner that minimizes its exposure to flooding.
It shall be unlawful to undertake any development in an area of special flood hazard,
as shown on the Flood Insurance Rate Map enumerated in section 110-6 of the Code
without a valid floodplain development permit. Application for a permit shall be
made on forms furnished by the Local Administrator and may include, but not be
limited to: plans, in duplicate, drawn to scale and showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing.
B. 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.
C. APPLICATION FOR A PERMIT
The applicant shall provide the following information as appropriate. Additional
information may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved 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
basement 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.
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(3) The proposed elevation, in relation to mean sea level, to which any new or
substantially improved non-residential structure will be floodproofed. Upon
completion of the floodproofed portion of the structure, the permitee shall submit to
the Local Administrator the as -built floodproofed elevation, certified by a professional
engineer or surveyor.
(4) A certificate from a licensed professional engineer or architect that any utility
floodproofing will meet the criteria in section 110-17 C of the Code (UTILITIES).
(5) A certificate from a licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in section 110-20 of the
Code (NON-RESIDENTIAL STRUCTURES — ELEVATION).
(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 submitted that demonstrate that the altered or relocated segment will provide
equal or greater conveyance than the original stream segment. The applicant must
submit any maps, computations or other material required by the Federal Emergency
Management Agency (FEMA) to revise the documents enumerated in section 110-6 of
the Code, when notified by the Local Administrator, and must pay any fees or other
costs assessed by FEMA for this purpose. The applicant must also provide assurances
that the conveyance capacity of the altered or relocated stream segment will be
maintained.
(7) A technical analysis, by a licensed professional engineer, if required by the Local
Administrator, which shows whether proposed development to be located in an area
of special flood hazard may result in physical damage to any other property.
(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 vehicle parks and subdivisions) that are greater than either 50
lots or 5 acres.
§110-13 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to the following.
A. PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit application review before
issuing a floodplain development permit:
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(1) Review all applications for completeness, particularly with the requirements of
section 110-12 (C) of the Code (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 sections 110-14 through and including 110-22 of
the Code and, in particular, sub -section 110-15 (SUBDIVISION PROPOSALS).
(3) Determine whether any proposed development in an area of special flood
hazard may result in physical damage to any other property (e.g., stream bank
erosion and increased flood velocities). The Local Administrator may require the
applicant to submit additional technical analyses and data necessary to complete
the determination.
If the proposed development may result in physical damage to any other
property or fails to meet the requirements of sections 110-14 through and
including 110-22 of the Code, 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.
B. USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate map (FIRM) but
has neither produced water surface elevation data (these areas are designated
Zone A or V on the FIRM) nor identified a floodway, the Local Administrator
shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, including data
developed pursuant to section 110-12 (C) (7) of the Code, as criteria for requiring
that new construction, substantial improvements or other proposed
development meet the requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may
use flood information from any other authoritative source, such as historical
data, to establish flood elevations within the areas of special flood hazard, for the
purposes of this law.
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(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 110-6 of the Code, the
Local Administrator may reasonably utilize the other flood information to
enforce more restrictive development standards.
C. 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 relocation of a watercourse, and submit evidence of such
notification to the Regional Administrator, Region II, Federal Emergency
Management Agency.
(2) Determine that the permit holder has provided for maintenance within the
altered or relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
D. CONSTRUCTION STAGE
(1) In Zones AI-A30, AE and AH, and also Zone A if base flood elevation data are
available, upon placement of the lowest floor or completion of floodproofing of a
new or substantially improved structure, obtain from the permit holder a
certification of the as -built elevation of the lowest floor or floodproofed
elevation, in relation to mean sea level. The certificate shall be prepared by or
under the direct supervision of a licensed land surveyor or professional engineer
and certified by same. For manufactured homes, the permit holder shall submit
the certificate of elevation upon placement of the structure on the site. A
certificate of elevation must also be submitted for a recreational vehicle if it
remains on a site for 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Local Administrator shall
review all data submitted. Deficiencies detected shall be cause to issue a stop
work order for the project unless immediately corrected.
E. INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make
periodic inspections at appropriate times throughout the period of construction in
order to monitor compliance with permit conditions and enable said inspector to
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certify, if requested, that the development is in compliance with the requirements of
the floodplain development permit and/or any variance provisions.
F. STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found ongoing without a development permit. Disregard of a
stop work order shall subject the violator to the penalties described in section 110-9 of
the Code.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found non -compliant with the provisions of this law and/or
the conditions of the development permit. Disregard of a stop work order shall
subject the violator to the penalties described in section 110-9 of the Code.
G. CERTIFICATE OF COMPLIANCE
(1) In areas of special flood hazard, as determined by documents enumerated in
section 110-6 of the Code, it shall be unlawful to occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use or
structure until a certificate of compliance has been issued by the Local
Administrator stating that the building or land conforms to the requirements of
this chapter.
(2) A certificate of compliance shall be issued by the Local Administrator upon
satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as
prescribed in section 110-13 (E) of the Code (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.
H. INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for inspection, copies of the
following:
(1) Floodplain development permits and certificates of compliance,
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(2) Certifications of as -built lowest floor elevations of structures, required pursuant
to section 110-13 (D) (1) and section 110-13 (D)(2) of the Code, and whether or
not the structures contain a basement,
(3) Floodproofing certificates required pursuant to section 110-13 (A) of the Code
and whether or not the structures contain a basement,
(4) Variances issued pursuant to sections 110-23 and 110-24 of the Code, and
(5) Notices required under section 110-13 (C) of the Code (ALTERATION OF
WATERCOURSES).
§110-14 GENERAL CONSTRUCTION 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 110-6 of the Code.
§110-15 SUBDIVISION PROPOSALS
The following standards apply to all new subdivision proposals and other proposed
development in areas of special flood hazard (including proposals for manufactured
home and recreational vehicle parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood damage,
(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be
located and constructed so as to minimize flood damage, and
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
§110-16 ENCROACHMENTS
(1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no
new construction, substantial improvements or other development (including
fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any location, or,
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(ii) the Town of Mamaroneck agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA
approval is received and the applicant provides all necessary data,
analyses and mapping and reimburses the Town of 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 revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and
Floodway Map or the Flood Insurance Rate Map adopted in section 110-6 of the
Code, no new construction, substantial improvements or other development in
the floodway (including fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that such an encroachment shall not result
in �Lny increase in flood levels during occurrence of the base flood, or,
(ii) the Town of Mamaroneck agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of
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 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.
§110-17 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 110-6 of the Code.
A. ANCHORING
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New structures and substantial improvement to structures in areas of special flood
hazard shall be anchored to prevent flotation, collapse, or lateral movement during the
base flood. This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
B. CONSTRUCTION MATERIALS AND METHODS
(1) New construction and substantial improvements to structures shall be
constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be
constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones 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 following minimum
criteria:
(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 adjacent 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.
C. 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
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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
locations.
(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
(3) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters. Sanitary sewer and storm drainage
systems for buildings that have openings below the base flood elevation shall be
provided with automatic backflow valves or other automatic backflow devices
that are installed in each discharge line passing through a building's exterior
wall.
(4) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
§110-18 STORAGE TANKS
(1) Underground tanks shall be anchored to prevent flotation, collapse and lateral
movement 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;
b. installed at or above the base flood elevation as shown on the Flood
Insurance Rate Map enumerated in section 110-6 of the Code plus two feet.
§110-19 RESIDENTIAL STRUCTURES (ELEVATION)
The following standards apply to new and substantially improved residential
structures located in areas of special flood hazard, in addition to the requirements in
section 110-15 (SUBDIVISION PROPOSALS), section 110-16 (ENCROACHMENTS),
and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code.
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(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 undertaken by a registered design professional who shall be
documented that the technical methods used reflect currently accepted
engineering practice. Studies, analyses, 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
lowest floor (including basement) elevated above the highest adjacent grade at
least as high as the depth number specified in feet on the community's Flood
Insurance Rate Map enumerated in section 110-6 of the Code 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.
§110-20 NON-RESIDENTIAL STRUCTURES (ELEVATION)
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 section 110-15 (SUBDIVISION PROPOSALS), section 110-16
(ENCROACHMENTS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the
Code.
(1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are
available, new construction and substantial improvements of any non-residential
structure shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two
feet above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the
base flood elevation, including attendant utility and sanitary facilities, with
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walls substantially impermeable to the passage of water. All structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of non-residential
structures shall:
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's FIRM 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 section
110-20 (1)(ii) of the Code.
(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall
develop and/or review structural design, specifications, and plans for construction. A
Floodproofing Certificate or other certification shall be provided to the Local
Administrator that certifies the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of section 110-20 (1)(ii)
of the Code, 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.
§110-21 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in section 110-14 (GENERAL
STANDARDS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code
apply, as indicated, in areas of special flood hazard to manufactured homes and to recre-
ational vehicles which are located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones Al-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
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(iii) meet the requirements for manufactured homes in section 110-21(2), (3) and
(4) of the Code.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and security devices and
has no permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones 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 elevation and is securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be
elevated above the highest adjacent grade at least as high as the depth number
specified on the Flood Insurance Rate Map enumerated in section 110-6 of the Code
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 110-17 (A) of
the Code (ANCHORING).
§110-22 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 110-6 of the Code.
(1) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards
of section 110-17 (A) of the Code (ANCHORING),
(2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are
available, 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 110-17 (B) of the Code.
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(5) Utilities must meet the requirements of section 110-17 (C) of the Code (UTILITIES).
VARIANCE PROCEDURE
§110-23 APPEALS BOARD
(1) The Planning Board as established by the Town of Mamaroneck shall hear and decide
appeals and requests for variances from the requirements of this chapter.
(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 chapter.
(3) Those aggrieved by the decision of the Planning Board may appeal such decision to
the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Planning board, shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter
and
(i) the danger that materials may be swept onto other lands to the injury of
others,
(ii) the danger to life and property due to flooding or erosion damage,
(iii) the susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner,
(iv) the importance of the services provided by the proposed facility to the
community,
(v) the necessity to the facility of a waterfront location, where applicable,
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage,
(vii) the compatibility of the proposed use with existing and anticipated
development,
(viii) the relationship of the proposed use to the comprehensive plan and
floodplain management program of that area,
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(ix) the safety of access to the property in times of flood for ordinary and
emergency vehicles,
(x) the costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding,
(xi) the expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the
site, and
(xii) the costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and repair of
public utilities and facilities such as sewer, gas, electrical, and water systems and
streets and bridges.
(5) Upon consideration of the factors of section 110-23 (4) of the Code and the purposes of
this chapter, the Planning Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
(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.
§110-24 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level,
providing items (i-xii) in section 110-23 (4) of the Code have been fully considered. As
the lot size increases beyond the one-half acre, the technical justification required for
issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that
(i) the proposed repair or rehabilitation will not preclude the structure's
continued designation as a "Historic structure", and
(ii) the variance is the minimum necessary to preserve the historic character and
design of the structure.
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(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of section 110-24 (1), (4), (5) and (6) of section 110-24 of the Code
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 necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or conflict with
existing this chapter 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 110-13 (H) of the Code.
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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 30, 2022
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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 Monday, October 3, 2022 at 8:00 PM or as soon
thereafter as is possible, to consider the "Revision of Chapter 99 of the Code of the Town of
Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
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.
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 27, 2022
Page 65 of 118
• Town of Mamaroneck
` Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ATTORNEY TEL: (914) 381-7815
FAX: (914) 381-7809
WMakerjr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
Allison May, Town Clerk
From: William Maker, Jr., Attorney for the Town
Subject: Filmmaking
Date: September 2, 2022
I attach both a revised version of the proposed local law and a redlined version of the
August 51h draft that shows the revisions.
I made two additional alterations. Although unnecessary since section 99-4 sets forth only
the minimal requirements for an application and the form to be developed by the Administrator
undoubtedly will include it, I added the location of the shoot as a requirement. I also modified
the section regarding insurance to incorporate by reference the requirements for insurance
policies indemnifying the Town.
If the Town Board considers this proposed law worthy of public discussion, it can set a
public hearing to discuss the proposed law. After the hearing is closed, the Board can decide
whether to enact it.
Page 66 of 118
Local Law No. - 2022
This local law shall be known as the "Revision of Chapter 99 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. Intent
§ 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
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§ 99-1. Intent.
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 Towns 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 fora 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 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 is issued pursuant to this chapter.
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§ 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 location for the filming, (ii) the proposed production schedule, (iii) 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, (iv) a statement
of whether explosives will be used and if so, where the explosives will be stored, and (v) a
list of all vehicles 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 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 properties that are contiguous to the location of the filming and to residents
within one hundred (100) feet of that location.
B. The filming shall be conducted so as not to interfere with access to fire lanes. No
objects shall not be placed within fifteen (15) feet of fire hydrants or in passageways
Page 69 of 118
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. Upon a showing of undue hardship, the Town
Administrator may allow filming to occur at a property for up to eighteen (18) days in a
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.
A. The license shall not be issued until the licensee furnishes an insurance policy 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. The
insurance policy shall comply with the Minimum Insurance Requirements for
Permits & Use of Property within the Town of Mamaroneck promulgated from
time to time by the Town Administrator.
B. 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, the Town Administrator may require the posting of
a bond in an appropriate case sufficient in amount to ensure that public property
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and any private property, other than the private property where the filming will
take place, is restored to its condition 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 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 action of the Town
Administrator 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 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 to the conditions imposed upon the license by the Administrator, or
(3) Disorderly conduct, conduct detrimental to the 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 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
new 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
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person who commits such 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,
the Building Inspector, any Assistant 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 § 99-613 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.
September 23, 2022
Page 72 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Fire Claims
Date: September 28, 2022
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 73 of 118
Town of Mamaroneck
Comptroller, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
Date: September 28, 2022
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Fire Claims
General:
Attached is the list of fire claims for approval.
Attachment/s:
Fire Claims Oct 3 2022
TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Page 74 of 118
Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date: October 3, 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, SCOTT/POSI CHEK III
AIRPAK test, Scott part, energizer battery, Scott kit, labor
$ 268.68
Amazon.Com
Portable AC for Gym, pocket chart, textbook -Brady, ID card maker
2,254.38
FireCom anies.Com
Platinum package - hosting & maintenance 8/1/22
209.97
Iron Compass
OnScene Explorer software subscription 9/2022-8/2023
1,950.00
Inkitu
40 TMFD Polo shirts for membership
891.20
Landfall
Rescue qloves vests wet shoes throw bags - balance on invoice
627.75
Optimum
Cable services for 9/23-10/22/22
259.42
Ready Refresh
Water cooler rental & paper fee 8 19-9 18 22
179.96
UniFirst CorpCleaning
supplies - 9/9 9/16 9/23/22
770.64
Verizon
Fire HQ service 9/10-10/9/22
277.09
Villa Maria Pizza
Meal for Explorer Drill 9/7, Surface Water Rescue Drill 9/12, Monthly
Drill 9/20 Storm Operations Drill 9/25/22
651.60
Total $ 8,340.69
Page 75 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Re: Referral of Update in the Regulation of Wireless Telecommunications Facilities
Law to Planning Board
Date: September 29, 2022
Action Requested:
At the Planning Board's request, the Town Board's referral of the "Update in the Regulation of Wireless
Telecommunications Facilities Law" has been postponed until the meeting of October 3, 2022. As you
know, the Planning Board will have at least 45 days to submit its report. Once the report is received
and the comments are reviewed by the Town Board, the appropriate date for the public hearing can be
determined.
Resolved that the Town Board hereby refers the "Update in the Regulation of Wireless
Telecommunications Facilities Law" to the Planning Board for review and comment,
pursuant to section 240-92 B. of the Town Code.
Attachment/s:
Local Law - Update in Regulation of Wireless Communications Facilities Law
Update in the Regulation of Wireless Telecommunications Facilities Law
Page 76 of 118
• Town of Mamaroneck
` Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ATTORNEY TEL: (914) 381-7815
FAX: (914) 381-7809
Wmakerjr@TownofMamaroneckNY.org
MEMORANDUM
To: Meredith S. Robson, Town Administrator
Allison May, Town Clerk
From: William Maker, Jr. - Town Attorney
Subject: Local law on Wireless Communications ("the 5G Law")
Date: September 9, 2022
Since this local law would amend the zoning ordinance, section 240-92 B. of the Code
requires the Town Board to refer the proposed law to the Planning Board before it can act upon it.
The Planning Board is allowed 45 days to render a report on the proposed law.
Therefore, at its September 21st meeting, the Town Board can choose to make a referral to
the Planning Board and set a date for a public hearing so long as the date selected affords the
Planning Board at least 45 days to submit its report.
Page 77 of 118
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 Town's 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,
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(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
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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.
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
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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;
(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;
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(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;
(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:
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(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.
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.
N.
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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:
B-R
LI
UR
SB-R
B-MUB and
R
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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,
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;
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(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;
(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;
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(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:
(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
10
Page 87 of 118
(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)
(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).
11
Page 88 of 118
(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.
(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
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Page 89 of 118
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
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).
13
Page 90 of 118
(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.
(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.
14
Page 91 of 118
(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 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,
15
Page 92 of 118
(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.
(D) Notwithstanding the above, the Planning Board may approve a less preferred site if it
finds that the proposed site will further the purposes of this section, is in the best interest
of the safety, public welfare, character and environment of the Town and will not have
a deleterious effect on the nature and character of the community and surrounding
properties.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.
(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.
16
Page 93 of 118
(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 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:
17
Page 94 of 118
(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.
July15, 2022
18
Page 95 of 118
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
mrob son@townofmamaroneckNY. org
From: Meredith S. Robson, Town Administrator
Re: Property Tax Levy in Excess of the Limit Established in General Municipal
Law
Date: September 27, 2022
Action Requested:
In the agenda packet you will find the local law to authorize a property tax levy in excess of the limit
established in General Municipal Law 3-c. As I said last year, it is my understanding that you are very
familiar with this document and I have always asked prior governing bodies to adopt this each year.
The Tentative Budget that we will be discussing for next year may require the Town to exceed the tax
cap, but even if the Board makes changes to that budget to reduce it below the tax cap, I believe it is
worthwhile to have the local law in place. This does not bind you in any way in regards to your final
decision on the budget. Please let me know if you have any questions.
Resolved, that the Mamaroneck Town Board hereby sets the date for a Public Hearing on
"Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal
Law" for October 19, 2022.
Attachment/s:
Property Tax Levy in Excess of the Limit Established in General Municipal Law
Page 96 of 118
Local Law No. of the year 2023
Town of Mamaroneck, County of Westchester
A local law authorizing a property tax levy in excess of the limit established in
General Municipal Law §3-c
Section 1. Legislative Intent
It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the
fiscal year commencing January 1, 2023 that requires a real property tax levy in excess
of the "tax levy limit" as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which
expressly authorizes a local government's governing body to override the property tax
cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty
percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Mamaroneck, County of Westchester, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2023 that
requires a real property tax levy in excess of the amount otherwise prescribed in General
Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or the application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court's order or judgment shall not affect, impair, or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Page 97 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Discussion - Clean Water, Clean Ail, Green Jobs Environmental Bond Act of
2022
Date: September 28, 2022
Action Requested:
The attached was forwarded to Supervisor Elkind Eney from Westchester County Executive George
Latimer's Office. We are requesting the following action by the Board:
Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean
Water, Clean Air, Green Jobs Environmental Bond Act of 2022.
Attachment/s:
2022 BOND ACT RESOLUTION
Page 98 of 118
Resolution supporting the Clean Water, Clean Air, Green Jobs Environmental Bond
Act of 2022
Whereas, providing clean drinking water and protecting our local rivers, bays, lakes, streams
and waterfronts from pollution is paramount to quality of life in New York State and the Town of
Mamaroneck; and
Whereas, modernizing water infrastructure will safeguard clean water, reduce flooding, reduce
lead exposure and other public health threats, and create jobs; and
Whereas, the Town of Mamaroneck is vulnerable to extreme weather including deadly heat from
rising temperatures and flooding from severe storms that put people, properties and public
assets across the Town of Mamaroneck at risk; and
Whereas, upgrading transportation and stormwater infrastructure, restoring natural resources,
growing urban forests, building green roofs and upgrading cooling centers will reduce the impact
of extreme weather, saving lives and money; and
Whereas, the COVID-19 pandemic demonstrated the importance of outdoor recreation and
access to fresh, local food, as people flocked to local parks and sought out healthy foods for
their families; and
Whereas, upgrades to facilities at state and local parks and preserves and the creation of new
outdoor recreational areas will benefit our region by protecting wildlife habitat, providing more
people access to nature, and creating jobs in the outdoor recreation economy; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would
authorize the four billion and two hundred million dollars of bonds to finance critical
environmental restoration, clean water, and infrastructure projects across New York State; and
Whereas, the funds would be targeted towards protecting clean water, reducing flood risk,
restoring natural resources, protecting open space and farmland, and reducing the pollution that
causes climate change; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 was passed
by the New York State Legislature as part of the 2022-23 New York State Budget and will
appear on the November 8, 2022, New York State General Election Ballot for voter approval;
and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 includes
strong labor provisions and will support more than 84,000 family -sustaining jobs for New
Yorkers; and
Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would
enable New York State and the Town of Mamaroneck to address pollution and public health
threats in disadvantaged communities by directing at least 35% with a goal of 40% of the
measure's funding to address hazardous conditions in such communities; now, therefore, be it
Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean
Water, Clean Air, Green Jobs Environmental Bond Act of 2022.
Page 99 of 118
• 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
DATE: September 29, 2022
SUBJECT: Award of Bid — TA-22-13 — Memorial Park Walkways & Sidewalk Replacement
Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid
TA-22-13 — Memorial Park Walkways & Sidewalk Replacement.
Action Requested:
Resolved that the Town Board hereby awards the bid to Peter J. Landi, Inc. for the
Memorial Park Walkways & Sidewalk Replacement project at a total bid amount of
$148,300.00 and hereby authorizes the Town Administrator to execute the agreement
and any related documents necessary to carry out its implementation.
Page 100 of 118
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX. 9141381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: September 27, 2022
TO: Meredith Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: Recommendation of Contract Authorization
TA-22-13 — Memorial Park Walkways & Sidewalk Replacement
GENERAL:
Bid procurement was recently completed for the Memorial Park Walkways and Sidewalk
Replacement. The project involves the removal and replacement of concrete sidewalks, curbing,
ADA ramps, asphalt walkways and restoration.
On September 22na, 2022, five (5) bid proposals were received as summarized on the attached
bid tabulation table. The apparent low bidder is "Peter J. Landi, Inc" at the submitted total price
of $148,300.00 for the full project scope. Supplemental bid items for rock excavation and
adjustment of utility curb stop boxes were submitted at $200 per cubic yard and $250 per each,
respectively in the event that either work item is required during construction.
The Engineering Department has extensive experience working with the Contractor on Town
capital projects, including the most recent Senior Center Parking Lot Improvements. Work
completed by Peter J. Landi, Inc has been consistently good quality and conducted in a
professional manner. Peter J. Landi, Inc. remains contracted with the Town under its "On -Call
Infrastructure Repairs TA-21-16" contract used for smaller projects. No errors or omissions that
could potentially impact the viability of their bid price have been identified at this time. The
Engineering Department recommends authorization of contract award to Peter J. Landi, Inc in
the amount of $148,300.00.
Budget for walkways and sidewalk replacement at Memorial Park was planned as part of capital
project CP-2020.73. Incorporation of a contingency budget in the amount of $15,000.00 for
supplemental bid items is recommended. Overall considered costs of $163,300.00 are fully
contained within the available balance allocated to the capital project.
Please feel free to contact me with any questions.
Page 101 of 118
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le 102 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Jill Fisher, Superintendant of Recreation
Re: Food Service Establishment Permit Renewals - Meals on Wheels and Senior
Nutrition Program
Date: September 29, 2022
Action Requested:
Attached please find a memo from Jill Fisher, Superintendent of Recreation, regarding the Westchester
County Department of Health Permit to Operate Renewal Applications. We are requesting the
following action by the Board:
Resolved that the Town Board hereby authorizes submittal of the permit to operate
Renewal Applications for The Senior Nutrition and Meals on Wheels programs.
Page 103 of 118
Town of Mamaroneck
Recreation Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
Jfisher@townofmamaroneckNY.org
Date: September 28, 2022
To: Meredith Robson, Town Administrator
From: Jill Fisher, Superintendant of Recreation
Subject: Food Service Establishment Permit Renewals - Meals on Wheels and Senior
Nutrition Program
General:
Attached are the Westchester County Department of Health Permit to Operate Renewal Applications
that are a requirement to operate the Senior Nutrition Program held at the Senior Center and the Meals
on Wheels Program. The current permit to operate these food services is expiring and requires
submission of a renewal application and completion of the attached Certificate of Resolution for
Authorization by the Town Board.
Attachment/s:
Recreation —I
Recreation 2
Page 104 of 118
gVtche )terms
George Latimer
County Executive
SherEta Amler, M.D.
Commissioner of Health
PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873,301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
I. Submit vour "Renewal Application for a Permit to Operate"
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name" only, you cannot use this form. Please contact your
Regional Office for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers' Comp Board at 518-486-6307. If you do no:
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www.wcb.ny.gov.
3. Corporate Ownership
If ownership of the business is a corporation, you must Ile the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re -certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office.
(over)
1) apartment of Health
'_'-i \loore Ave iiue
1i-,unt hi5co, Nett r'or1; 10519 'l(llcph�)ne: (91-1) 81 : 000
Page 105 of 118
5. Application Fee
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see "Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALTH DEPARTMENT
BE SURE APPLICATIONS ARE COMPLETE
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mourn Kisco, NY 10549
(914) 864-7330
Page 106 of 118
Permit toOperate
A
Renewal Application Westchester County Department of Health
Business / Location Information (Please modify only if information has changed.)
Business
Name MEALS ON WHEELS - T. MAMA. / V. MAMA Facility Code: 01-M093-A
Address 740 WEST BOSTON POST ROAD Business Phone (914) 381-7 %b(pS
MAMARONECK NY 10543
Location Village of MAMARONECK
County WESTCHESTER
Mail To
THE TOWN OF MAMARONECK
Business Fax ( )
Business Website (A
Business Email anowlin-downey@townofmamaroneck org
ATTN. ZeCTeafv� P°`�rv.eni
740 W. BOSTON POST RD,
MAMARONECK, NY 10543-
Permitted
Operation
Permit Number 01-M093-A
Permit Expiration Date
November 30, 2022
Fee Exempt
MEALS ON WHEELS - T. MAMA. / V. MAMA. / V. LARCH. Operation ID: 687265
SOFA Food Service - SOFA Prep Site -State Office for the Aging
In Operation: 4P Year -Round (J Seasonal
Capacity: ?
If Seasonal: Expected Opening Date Expected Closing Date
Month/Day
Days/Hours of Operation:
Permit Applicant Information (Please modify only if information has changed.)
Legal Operator or Operating Corporation: THE TOWN OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR MEREDITH ROBSON
Title First M Last
Address ATTN. .yt� S (-c,4jM 740 W BOSTON POST RD,
City, State, Zip MAMARONECK NY 10543
MonthlDay
Primary Phone
(914) 381-;R4 Ext
Cell
Fax (914) 381 v r Emergency Contact
Other Phone
( ) Ext
Cell
E-maitownofmamaroneckny.org
n i r0 6Sbn
Location Owner: THE TOWN OF MAMARONECK
Address
ATTN: jZC!'fh'I 6A`a�}.
740 W BOSTON POST RD.
City, State, Zip
MAMARONECK NY 10543-
Primary Phone
(914) 381 7S Ext
Cell
Fax (914) 381-;OOT� Emergency Contact
Other Phone
( ) Ext
Cell
E-mail Adaacy@townofmamaronecknyorg
S kf r
Page 1 of 2 Facility Name/Code. MEALS ON WHEELS - T. MAMA_ / V. MAMA 01-M093-A (rev 4,.13
Page 107 of 118
Permit to Operate
Renewal Application
Westchester County Department of Health
Workers' Compensation and Disability Insurance
Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law:
A. Workers Compensation and Disability Insurance Coverage is PROVIDED
Workers Compensation
Form C-105.2 - Certificate of Worker's Compensation Insurance OR
Form U-26.3 - Certificate of Workers' Compensation Insurance OR
Form SI-12 -Certificate of Workers' Compensation Self -Insurance OR
GSI - 105.2 - Certificate of Participation in Workers' Compensation Group Self -Insurance
AND
Disability Benefits
DB-120.1 - Certificate of Disability Benefits OR
Form DB-155 - Certificate of Disability Benefits Self -Insurance
B. Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200 - Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage
Return Completed Application
Please return completed application to: Westchester County Department of Health
Make checks payable to "Westchester Mount Kisco Central Office
County Department of Health" and 25 Moore Avenue
include the permit number. Mount Kisco NY 10549
(914)864-7330 Fax: (914)813-5970
Signature of Individual Operator or Authorized Official (Entire section must be completed by all applicants.)
I would like to receive information /and official correspondence related to this permit at the email address below: (Ydl�4_ No _ )
@ oir
"Operation without a v lid permit is a violation of New York State Law and/or State Sanitary Code."
Signature
`�
Print Name�pL� Aj� ��c .Cgyt Title �j�., d^n.vt S+o��cr/ Date -
FOR OFFICE USE ONLY
Permit issuance recommended? ❑Yes ❑No Permit Effective Date Permit Expiration Date
Conditions of approval
Signature Title Date
n
Page 2 of 2 Facility NamefCode MEALS ON WHEELS - T. MAMA. I V. MAMA 01-M093-A = '
Page 108 of 118
CERTIFICATE OF RESOLUTION
FOR AUTHORIZATION
The Undersigned, of
Fame of Corporation , a corporation
Duly organized and validly existing under the laws of (State)
Hereby certifies that the following resolution was duly adopted by the Board of Directors, of said
Corporation, at a meeting duly called and held on the day of 20
Be it resolved that the Board of Directors. or President if there is no Board of Directors, of (Name of
Corporation)
With offices at. -
Hereby authorizes (Name if person authorized):
To execute and deliver to the Westchester County Department of Health, for and on behalf of said
corporation, and application for a per nit to operate a (ty pe of operation):
to execute and deliver any and all additional documents which may be appropriate or desirable in
connection there« ith.
'rhe undersigned further certifies that said resolution has not been revoked, rescinded or modified and
remains in full force and effect on the date hereof.
In WITNESS WHEREOF, the undersigned has duly executed -this certificate
This day of 20
OFFICER'S SIGNATURE:
'TITLE:
STATE U
Cot tNTY.
Un this clay of _ 20 before me personal[% came
to me known. and kno« n to me to be the of
the corporation referred to in the %%rthin Certificate of
Rcsolution. ,rho being bduly s«orn slid depose and say that (1s)he is .....
of said corporation and that (s)he signed his/her name thereto.
.N() iARY t'i. 31.1c
..... _-....
'ttl UNf'Y
Page 109 of 118
W
pstchester
g-m - om
George Latimer
County Executive
Sherlita Amler, M.D.
Commissioner of Health
PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS
Please be advised that your permit to operate a food service establishment expires soon.
According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications
must be received not later than 60 days prior to the date of expiration. In order for you to
continue to operate your business, you are required to do the following:
1. Submit your "Renewal Application for a Permit to Operate"
Answer all questions, and do not leave anything blank. Please include your email contact
information. Be sure to date and sign application. Please do not detach or attempt to
reassemble the forms for any reason as this will delay processing. Change any information that is
incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if
ownership has changed even if by "name" only, you cannot use this form. Please contact your
Regional Office for instructions and an original application.
2. Worker's Compensation/Disability Insurance
SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions
concerning the forms or procedure should be directed to the local NYS Workers' Comp Board
Office or the Bureau of Compliance, NYS Workers' Comp Board at 518-486-6307. If you do not
provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200,
which can be done online at www,wcb.nygov.
3. Corporate Ownership
If ownership of the business is a corporation, you must file the enclosed "Certificate of
Resolution". The person who signs the Renewal Application must be the same person named and
authorized in the Certificate of Resolution. The corporate seal must be affixed to the document.
If your corporate officers have changed since you last filed your application, submit a list of
names and addresses of the new corporate officers.
4. Source of Food Supply Form and Food Managers Certification Course
Answer questions concerning your major food suppliers and the Food Managers Certification
Course. The Westchester County Sanitary Code mandates that all operators of food service
establishments attend an approved Food Managers Course and re -certify every five (5) years. If
you have any questions concerning this requirement, contact your Regional Office,
(over)
I) -spa rtment of Heal th
]foore Avenue
i;,unt Ni;co. New fork 105 19 Tcl(2i)h1mc (:iL!) H1�;-•it)�lU t..�.� �,'� I I � ;���,
Page 110 of 118
5. Application Fee
Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as
specified on the renewal- see "Total Fee Due" printed on Renewal Application for a
Permit to Operate.
Applications that are received after the permit expiration date will
incur a $100.00 late fee. In addition, Operators may be subject to
closure and legal action with additional fines.
Cash Payments are NOT Accepted
Please make checks or money orders payable to:
WESTCHESTER COUNTY HEALTH DEPARTMENT
BE SURE APPLICATIONS ARE COMPLETE
SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY
Return the completed application and all Supporting documents to:
Westchester County Health Department
Bureau of Public Health Protection
25 Moore Avenue
Mount Kisco, NY 10549
(914) 864=7330
Page 111 of 118
Permit A Operate Westchester County Department artment of Health
Renewal Application
uusiness / Location Information (Please modify only if information has changed.)
Business
Name TOWN OF MAMARONECK SR. NUTRITION PRO
Facility Code: 01-M092-B
Address 1288 BOSTON POST ROAD Business Phone
(914) 834-8840
LARCHMONT, NY 10538 Business Fax
( )
Location Town of MAMARONECK Business Website
County WESTCHESTER Business Email
�.}t�ho r�iria.m.,fnntfK/ty,
Mail To
t��
1
THE TOWN OF MAMARONECK
Permit Number 01-M092-B
ATTN: ���cre- �+• (1.�•�,�..
Permit Expiration Date
740 W. BOSTON POST RD.
November 30, 2022
MAMARONECK, NY 10543-
Fee Exempt
Permitted
Operation
In Operation
Capacity:
TOWN OF MAMARONECK SR. NUTRITION PROGRAM Operation ID: 687267
SOFA Food Service - SOFA Satellite Site -State Office for the Aging
Year -Round Seasonal If Seasonal: Expected Opening Date Expected Closing Date
Montn, Day Month,Day
160 Seats Days/Hours of Operation:
Permit Applicant Information (Please modify only if information has changed.)
Legal Operator or Operating Corporation: THE TOWN OF MAMARONECK
Person in Charge TOWN ADMINISTRATOR MEREDITH ROBSON
Title First tit Last
Address ATTN.- ��1rn;h;�rc 740 W BOSTON POST RD.
City, State, Zip MAMARONECK NY 10543-
Primary Phone (914) 381-.;940 Ext
Other Phone ( ) - Ext
Location Owner: THE TOWN OF MAMARONECK L Address ATTN: E tcecTRcT,�I�
City, State, Zip MAMARONECK NY 10543-
Primary Phone (914) 381-J,8r16 -7f�6,5- Ext
Other Phone ( ) - Ext
Cell Fax qN - 3 S ( - A Q j Emergency Contact
Cell E-mail ad@aoy@townofmamaroneckNYorg
h' r-06SUVq
740 W BOSTON POST RD.
Cell
Fax r/t- Emergency Contact
Cell E-maiL-adaaey@townofmamaroneckNYorg
T>c;s►,t,--
Page 1 of 2 Facddy Name'Ccde TOWN OF MAMARONECK SR NUTRITION PRO 01-M092-B
Page 112 of 118
Permit to Operate
Renewal Application
Workers' Compensation and Disability Insurance
Westchester County Department of Health
Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law:
A. Workers Compensation and Disability Insurance Coverage is PROVIDED
Workers Compensation
Form C-105.2 — Certificate of Worker's Compensation Insurance OR
Form U-26.3 — Certificate of Workers' Compensation Insurance OR
Form SI-12 — Certificate of Workers' Compensation Self -Insurance OR
GSI — 105.2 — Certificate of Participation in Workers' Compensation Group Self -Insurance
AND
Disability Benefits
DB-120.1 - Certificate of Disability Benefits OR
Form DB-155 — Certificate of Disability Benefits Self -Insurance
B. Workers Compensation and Disability Insurance Coverage is NOT PROVIDED
Form CE-200 — Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage
n
Return Completed Application
Please return completed application to:
Westchester County Department of Health
Make checks payable to "Westchester
Mount Kisco Central Office
County Department of Health" and
25 Moore Avenue
include the permit number.
Mount Kisco NY 10549
(914)864-7330
Fax: (914)813-5970
Signature of Individual Operator or Authorized Official (Entire section must be completed by all applicants.)
I would like to receive ii tiand official correspondence related to this permit at the email address below: (Yes No _ )
wk ek ,ro ec-
4
"Operation without a valid permit is a
Signature
Print Name
FOR OFFICE USE ONLY
on of New York State Law and/or State Sanitary Code."
Title
Permit issuance recommended? ❑Yes QNo Permit Effective -Date
Conditions of approval
Signature
Title
Date C/` -�2
Permit Expiration Date
Date
Page 2 of 2 Facility Name/Code: TOWN OF MAMARONECK SR. NUTRITION PRO 01-MC92-B (fe, d . -�
Page 113 of 118
CERTIFICATE OF RESOLUTION
FOR AUTHORIZATION
The Undersigned, of
Name of Corporation a corporation
Duly organized and validly cxisting under the laws of (State)
Hereby certifies that the following resolution was duly adopted by the Board of Directors, of said
Corporation, at a meeting duly- called and held on the day of 20
Be it resolved that the Board of Directors. or President if there is no Board of Directors, of (Name of
Corporation)
With offices at:
Hereby authorizes (Name if person authorized):
To execute and deliver to the Westchester County Department of Health, for and on behalf of said
corporation. and application for a permit to operate a (type of operation):
to execute and deliNer any and all additional documents which may be appropriate or desirable in
connection there,.%ith.
The undersigned further certifies that said resolution has not been revoked, rescinded or modified and
remains in full force and effect on the date hereof.
In WITNESS WHEREOF, the undersigned has duly executed this certificate
This day of 20
OFFICER'S SIGNATURE:
TITLE:
STATE 0I
011 this day of . 2U before me personall} came
to me kno%cna . lid Lno«n to me to be the of
the corporation referred to in the 1% ithin Certificate; of
Resolution. ceho being be club scorn did depose and sac that (s)he is
ol'sard corporation and that whe siunied his:her name thereto.
",OFARY f'IAiLIC
_ COUNTY
Page 114 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Connie Green O'Donnell, Deputy Town Administrator
Re: Salary Authorization - Junior Civil Engineer
Date: September 28, 2022
Action Requested:
Attached please find a memo from Connie Green O'Donnell regarding the salary authorization for
Emma Pennella. We are requesting the following action by the Board:
Resolved that the Town Board hereby approves Emma Pennella's Junior Civil Engineer
salary of $63,240.00 effective, October 3, 2022.
Page 115 of 118
Town of Mamaroneck
Administrator, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
cgreenodonnell@townofmamaroneckNY.org
Date: September 28, 2022
To: Meredith Robson, Town Administrator
From: Connie Green O'Donnell, Deputy Town Administrator
Subject: Salary Authorization - Junior Civil Engineer
General:
Emma Pennella was hired as an Administrative Intern in May 2022. After meeting Civil Service
requirements, she is now eligible to hold the title of Junior Civil Engineer. This will be a provisional
appointment until such time as a test is offered and she becomes reachable on the list to be appointed
to the permanent position.
Robert Wasp, Town Engineer, has confirmed that Ms. Pennella's work in the Engineering Department
as Administrative Intern has been exceptional. Her hardworking nature is observed daily through her
dedication to the capital projects and permit reviews and the additional effort she puts toward gaining
further knowledge of construction methods. Mr. Wasp is looking forward to Ms. Pennella's continued
growth and valuable assistance in the department.
We are, therefore, requesting salary authorization for Ms. Pennella to recognize her change from
Administrative Intern to Junior Civil Engineer.
Page 116 of 118
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
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Connie Green O'Donnell, Deputy Town Administrator
Re: Salary Authorization - Assistant Court Clerk
Date: September 28, 2022
Action Requested:
Attached please find a memo from Connie Green O'Donnell regarding the salary authorization for an
Assistant Court Clerk. We are requesting the following action by the Board:
Resolved that the Town Board hereby approves the appointment of Barbara Marcello as
Assistant Court Clerk at a salary of $56,625.00, effective no later than October 30, 2022.
Page 117 of 118
Town of Mamaroneck
Administrator, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
cgreenodonnell@townofmamaroneckNY.org
Date: September 28, 2022
To: Meredith Robson, Town Administrator
From: Connie Green O'Donnell, Deputy Town Administrator
Subject: Salary Authorization - Assistant Court Clerk
General:
Authorization is requested to appoint Barbara Marcello to the full-time position of Assistant Court
Clerk at an annual salary of $56,625, effective no later than October 30, 2022. The position is vacant
due to a recent promotion and the position is reflected in the 2022 budget.
The Assistant Court Clerk is a competitive Civil Service position and Ms. Marcello is reachable on the
list. If appointed, Ms. Marcello would be required to serve a fifty-two (52) week probationary period.
Ms. Marcello is currently employed at the Village of Mamaroneck. She was hired in 2018 to work in
the Court office. Her duties include assisting the Court Clerk, preparation of the court calendar for
traffic and vehicle violations, processing payments, maintaining court records and legal documents and
updating the DMV program.
Judge Bresia and Judge Meister interviewed Ms. Marcello, and are recommending that she be appointed
to the position. It is anticipated, given her municipal court experience, Ms. Marcello will need minimal
training and will have a positive impact on the overall operations of the Town Court.
Page 118 of 118