HomeMy WebLinkAbout2022_11_16 Town Board Meeting PacketTown of Mamaroneck
Town Board Agenda
Wednesday, November 16, 2022
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene in Conference Room C located on the Ground
Floor at the Town Center.
CALL TO ORDER
WORK SESSION ITEMS
1. Discussion - Proposed Town Board Meeting Dates and Locations for 2023
Proposed Town Board Meeting Dates and Locations for 2023
Page
4-5
2. Discussion - 2023 Tentative Budget
3. Discussion - Proposed Sewer Rent Rate for 2023
4. Discussion - 2022 Capital Budget Amendments 6 - 8
2022 Capital Budget Amendments
5. Discussion - Elimination of Two Parking Spaces on a Section of Forest Avenue 9 - 11
Law
Elimination of Two Parking Spaces on a Section of Forest Avenue Law
6. Discussion - Flood Damage Prevention Law 12 - 44
Flood Damage Prevention Law
7 Discussion - Designation of Delegate and Alternate to Association of Towns 45 - 46
Annual Business Meeting
Designation of Delegate and Alternate to Association of Towns Meeting
8. Discussion - Building Resilient Infrastructure and Communities Grant Program 47 - 48
Building Resilient Infrastructure and Communities Grant Program
9. Discussion - Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone 49 - 54
Archways Rehabilitation
Reiect Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
10. Updates
11. Additions to Regular Meeting Agenda
Request for Executive Session
1. Entering Executive Session
8:00 PM Town Board Regular Meeting
Page 1 of 124
The Town Board meeting will convene in the Courtroom Located on the second
floor at the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.orq
Call to Order
Supervisor's Report
Public Hearing(s)
Resident Comments
Staff Comments/ Presentations
Board of Fire Commissioners
1. Call to Order
2. Fire Claims 55 - 57
Fire Claims
3. Acceptance of Donation to the Town of Mamaroneck Fire Department 58 - 59
Acceptance of Donation to the Town of Mamaroneck Fire Department
4. Set Public Hearing - Fire District No. 1 Preliminary Budget 2023 60
Set Public Hearing - Fire District No. 1 Preliminary Budget 2023
5. Other Fire Department Business
Affairs of the Town of Mamaroneck
1. Presentation and Set Public Hearing - 2023 Preliminary Town Budget 61
2023 Preliminary Town Budget
2. Presentation and Set Public Hearing - Proposed Sewer Rent Rate for 2023 62 - 64
Proposed Sewer Rent Rate for 2023
3. Authorization - 2022 Capital Budget Amendments 65 - 67
2022 Capital Budget Amendments
4. Set a Public Hearing - Elimination of Two Parking Spaces on a Section of 68 - 70
Forest Avenue Law
Elimination of Two Parking Spaces on a Section of Forest Avenue Law
5. Set Public Hearing - Flood Damage Prevention Law 71 - 103
Flood Damage Prevention Law
6. Appointment - Designation of Delegate and Alternate to Association of Towns 104 - 105
Annual Business Meeting
Designation of Delegate and Alternate to Association of Towns Meeting
7 Authorization - Building Resilient Infrastructure and Communities Grant 106 - 107
Program
Building Resilient Infrastructure and Communities Grant Program
8. Authorization - Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone 108 - 113
Archways Rehabilitation
Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
9. Set Public Hearing - Amendment to the Appellate Procedure of Chapter 99 of 114 - 118
the Code of the Town of Mamaroneck Law
Page 2 of 124
Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town
of Mamaroneck Law
10. Salary Authorization - Administrative Aide 119 - 123
Salary Authorization - Administrative Aide
11. Authorization - Updated December Meeting Date 124
Updated December Meeting Date
Reports of Minutes
1. Minutes of the November 2, 2022, Town Board Meeting
Reports of the Council
Town Clerk's Report
Town Attorney's Report
Adjournment
Next Regularly Scheduled Meeting - December 7, 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 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Allison May, Town Clerk
Re: Proposed Town Board Meeting Dates and Locations for 2023
Date: November 11, 2022
Attached are the proposed Town Board meeting dates and locations for 2023. As this is just for
discussion, no further action is requested.
Attachment/s:
Proposed Meeting Dates - 2023
Page 4 of 124
Proposed Town Board Meeting Dates for 2023
January 11th — Court Room
January 18th - D and C
February 1st — C and Court Room
February 15th — D and C
March 1st - C and Court Room
March 15th - C and Court Room
April 5th - C and Court Room
April 19th - C and Court Room
May 3rd - C and Court Room
May 17th - C and Court Room
June 7th - C and Court Room
June 21st - C and Court Room
July —TBD
August —TBD
September 6th — D and C
September 20th - C and Court Room
October 4th - C and Court Room
October 18th - C and Court Room
November 1st - C and Court Room
November 15th - C and Court Room
December 6th - C and Court Room
December 20th - C and Court Room
Page 5 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: 2022 Capital Budget Amendments
Date: November 10, 2022
Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2022 Capital Budget
Amendments needed. We are requesting the following action by the Board:
Action Requested:
Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary
budget amendments, as presented.
Page 6 of 124
Town of Mamaroneck
Comptroller, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
Date: November 10, 2022
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2022 Capital Budget Amendments
General:
TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
The following 2022 capital budget amendments are recommended as follows:
1.Memorial Park Playground Improvements (Project 2020.31)
A price quote for the Memorial Park Playground improvements was received from American
Recreational Products and is higher than the project budget. Additional funding of $11,830 is needed
to complete the project. The Senior Center Parking Lot project has remaining funds available that can
be transferred to the park budgets.
2. Richbell Playground Improvements (Project 2021.88)
A price quote for the Memorial Park Playground improvements was received from American
Recreational Products and is higher than the project budget. Additional funding of $23,750 is needed
to complete the project. The Senior Center Parking Lot project has remaining funds available that can
be transferred to the park budgets. A budget amendment to transfer funds from the Sr Parking Lot
project is recommended below.
3. Police Equipment (B.3120.2123)
A donation has been accepted by the Town Board from Ray Catena Lexus. The funds were provided
by the donor for the purchase of police equipment that are not budgeted. A budget amendment is
recommended below to increase donation revenue and fund the police equipment budget line for the
purchase.
Attachment/s:
2022 CAPITAL BUDGET AMENDMENTS CHART -November 16 2022
Page 7 of 124
2022 CAPITAL BUDGET AMENDMENTS
Item # CAPITAL FUND (FUND H):
1 Revenue
Expense
Revenue
Expense
Revenue
Expense
Transfer from General Fund
Sr Center Parking Lot Improvements
Transfer from General Fund
Richbell Rd Playground Improvements
Transfer from General Fund
Memorial Park Improvements
Part Town Fund (FUND B)
2 Revenue Donations
Expense Police equipment
H.0000.5031.2021.48
H.6772.0400.2021.48
H.0000.5031.2021.88
H.7020.0400.2021.88
H.0000.5031.2020.31
H.7140.0400.2020.31
B.0000.2705
B.3120.2123
Decrease
Decrease
Increas e
Increas e
Increas e
Increas e
Increas e
Increas e
Amount
(35,580.00)
(35,580.00)
23,750.00
23,750.00
11,830.00
11,830.00
12,500.00
12,500.00
Page 8 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Allison May, Town Clerk
Re: Elimination of Two Parking Spaces on a Section of Forest Avenue Law
Date: November 11, 2022
Attached please find a memo from Town Attorney, William Maker Jr. regarding "Elimination of Two
Parking Spaces on a Section of Forest Avenue Law". We are requesting the following action by the
Board:
Action Requested:
Resolved that the Town Board hereby sets a Public Hearing for "Elimination of Two
Parking Spaces on a Section of Forest Avenue Law" for the Town Board Meeting on
December 7, 2022.
Page 9 of 124
•
Town of Mamaroneck
Town Attorney, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: November 11, 2022
To: Members of the Town Board
From: William Maker Jr., Town Attorney
CC: Meredith S. RobsonTown Administrator
CC: Allison MayTown Clerk
Subject: Elimination of Two Parking Spaces on a Section of Forest Avenue Law
General:
I attach a proposed local law that if approved, would eliminate two parking spaces on Forest Avenue
at its intersection with Rockingstone Avenue.
If the Town Board considers the proposed law ready for public discussion, it may set a public hearing.
Attachments:
2022-11-11-LL-elim pkg on Forest
Page 10 of 124
Local Law No. - 2022
This local law shall be known as the "Elimination of two parking spaces on a section of Forest
Avenue" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
For safety reasons, the Town Board has determined that two parking spaces on Forest Avenue at
its intersection with Rockingstone Avenue should be eliminated.
Section 2 - Amendment of a current section of the Mamaroneck Code:
Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to include the
following in its proper alphabetical position with the section:
§ 219-18 Parking prohibited at all times.
A. No motor vehicle shall be parked at any time upon any of the public highways or parts of
public highways described below:
Name of Public Highway Direction of Travel Location
Forest Avenue East South side for a distance of 50
feet west from its intersection
with Rockingstone Avenue
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.
November 11, 2022
Page 11 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Allison May, Town Clerk
Re: Flood Damage Prevention Law
Date: November 10, 2022
Attached please find a memo from Bill Maker regarding the "Flood Damage Prevention Law". We are
requesting the following action by the Board:
Action Requested:
Resolved that the Town Board does hereby set a public hearing for "Flood Damage
Prevention Law" for the Town Board Meeting on December 7, 2022.
Page 12 of 124
•
Town of Mamaroneck
Town Attorney, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: November 10, 2022
To: Town Board and Supervisor
From: William Maker Jr., Town Attorney
CC: Meredith S. RobsonTown Administrator
CC: Allison MayTown Clerk
Subject: Flood Damage Prevention Law
General:
On October 3, 2022, the Town Board passed Local Law No. 4 of 2022 by which it amended its Flood
Prevention Law to conform to a model law promulgated by the State of New York. Upon review of
Local Law No. 4, the State realized that it should have asked the Town to enact a different version of
its model law.
The attached local law replaces Local Law No. 4 of 2022. The Building Inspector has reviewed the
updated version of the State's model and finds it acceptable.
Attachments:
2022-11-10-LL-revised
Page 13 of 124
Local Law No. - 2022
This local law shall be known as the "Flood Damage Prevention" law of the Town of Mamaroneck
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. The Town previously adopted a
version of the model law; however, upon further review by the State, the State has asked the Town to adopt a
different version of the model law. This local law does that by repealing the recently enacted amendment to
Chapter 110 and replacing it with what follows below.
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 Damage Prevention
§110-1 Findings
§110-2 Statement of Purpose
§110-3 Objectives
§110-4 Definitions
§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 Warring and Disclaimer of Liability
§110-11 Designation of the Local Administrator
§110-12 The Floodplain Development Permit
§110-13 Application for a Permit
§110-14 Duties and Responsibilities of the Local Administrator
§110-15 General Construction Standards
§110-16 Standards for All Structures
§110-17 Residential Structures (Except Coastal High Hazard Areas)
§110-18 Residential Structures (Coastal High Hazard Areas and Coastal A Zones)
§110-19 Non -Residential Structures (Except Coastal High Hazard Areas)
§110-20 Non -Residential Structures (Coastal High Hazard Areas and Coastal A Zones)
§110-21 Critical Facilities
§110-22 Manufactured Homes and Recreational Vehicles
§110-23 Accessory Structures Including Detached Garages
§110-24 Appeals Board
i
Page 14 of 124
§110-25 Conditions for Variances
STATUTORY AUTHORIZATION AND PURPOSE
§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:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
2
Page 15 of 124
(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 FIRM with a
one percent or greater annual chance of flooding to an average annual depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE,
AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or
100-year floodplain. For purposes of this 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.
3
Page 16 of 124
"Breakaway wall" means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting foundation system.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement".
"Coastal A Zone" Area within a SFHA, landward of a V1-V30, VE, or V zone or landward of an open
coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flood must
be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood
conditions, the potential for breaking wave height shall be greater than or equal to 1 1/2 feet (457 mm).
The inland limit of coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or
(b) designated by the authority having jurisdiction.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.
"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.
"Critical Facilities" means:
(1) Structures of facilities that produce, use, or store highly volatile, flammable, explosive, toxic
and/or water -reactive materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who may not be
sufficiently mobile to avoid death or injury during a flood;
(3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency
operations centers that are needed for flood response activities before, during, and after a
flood; or
(4) Public and private utility facilities that are vital to maintaining or restoring normal services
to flooded areas before, during, and after a flood.
"Cumulative Substantial Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the
time of the improvement or repair when counted cumulatively for 10 years.
"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.
4
Page 17 of 124
"Elevated building" means a non -basement building (i) built, in the case of a building in Zones A1-
A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building
in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated
floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30,
AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement
of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building
otherwise meeting the definition of "elevated building", even though the lower area is enclosed by
means of breakaway walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that administers the National
Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by
the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
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Page 18 of 124
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water from
any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does
not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Limit of Moderate Wave Action (LiMWA)" line shown on FIRMs to indicate the inland limit of the 1
1/2 foot (457 mm) breaking wave height during the base flood.
"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. This person is
often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
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Page 19 of 124
"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.
"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 FIRM 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".
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach and
subject to erosion and overtopping from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively
steep slope to a relatively mild slope.
"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.
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"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 110-14 (B) of the code.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
"Start of construction" means the date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent construction of a building
(including a manufactured home) on a site, such as the pouring of a slab or footings, installation of
pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or
filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or
foundations, or the erection of temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For a substantial
improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
"Substantial damage" means 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 damage also means flood -related
damages sustained by a structure on two separate occasions during a 10-year period for which the cost
of repairs at the time of such flood event, on the average, equals or exceeds 25 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. Substantial improvement also means cumulative
substantial 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".
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"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.
§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,
revision 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 local law are at variance with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher
standards, shall govern.
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§110-8 Severability
The invalidity of any section or provision of this chapter shall not invalidate any other section or
provision thereof.
§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. 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 110-24 and
110-25 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 hereby appointed 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 ensuring 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, 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 in an amount set by the Town Board from time to time. 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.
§110-13 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 top of the lowest floor
(including basement or cellar) of any new or substantially improved structure to be located
in a Special Flood Hazard Area (SFHA). Upon completion of the lowest floor, the permittee
shall submit to the Local Administrator the as -built elevation, certified by a licensed profes-
sional engineer or surveyor.
(2) The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of any new or substantially
improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation
data are available. Upon completion of the lowest floor, the permittee shall submit to the
Local Administrator the as -built elevation, certified by a licensed professional engineer or
surveyor.
(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 permittee shall submit to the Local Administrator
the as -built floodproofed elevation, certified by a professional engineer or surveyor.
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(4) A certificate from a licensed professional engineer or architect that any utility floodproofing
will meet the criteria in Section 110-16 (C), UTILITIES.
(5) A certificate from a licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in Section 110-19, NON-
RESIDENTIAL STRUCTURES.
(6) A description of the extent to which any watercourse will be altered or relocated as a result
of proposed development. Computations by a licensed professional engineer must be
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, 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 recreation-
al vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood elevations are available, designs
and specifications, certified by a licensed professional engineer or architect, for any
breakaway walls in a proposed structure with design strengths in excess of 20 pounds per
square foot.
(10) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new
and substantial improvements to structures, floodplain development permit applications
shall be accompanied by design plans and specifications, prepared in sufficient detail to
enable independent review of the foundation support and connection components. Said
plans and specifications shall be developed or reviewed by a licensed professional engineer
or architect, and shall be accompanied by a statement, bearing the signature of the architect
or engineer, certifying that the design and methods of construction to be used are in
accordance with accepted standards of practice and with all applicable provisions of this
chapter.
§110-14 Duties and responsibilities of the Local Administrator
The duties of the Local Administrator shall include, but not be limited to the following:
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A. Permit Application Review
The Local Administrator shall conduct the following permit application review before
issuing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements of
subsection 110-13, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this chapter.
(2) Review subdivision and other proposed new development, including manufactured
home parks to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is located in an area of special flood
hazard, all new construction and substantial improvements shall meet the applicable
standards of Section 110-15, CONSTRUCTION STANDARDS and, in particular, sub-
section B, SUBDIVISION AND DEVELOPMENT PROPOSALS.
(3)
Determine whether any proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream bank erosion and
increased flood velocities). The Local Administrator may require the applicant to
submit additional technical analyses and data necessary to complete the
determination.
If the proposed development may result in physical damage to any other property or
fails to meet the requirements of Section 110-15, CONSTRUCTION STANDARDS, no
permit shall be issued. The applicant may revise the application to include measures
that mitigate or eliminate the adverse effects and re -submit the application.
(4) Determine that all necessary permits have been received from those governmental
agencies from which approval is required by State or Federal law.
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 paragraph 110-
13 (8), 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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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 dimin-
ished.
D. Construction stage
(1) In Zones A1-A30, AE, AH, and 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 manufac-
tured 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) In Zones V1-V30, VE, and V if base flood elevation data are available, upon
placement of the lowest floor of a new or substantially improved structure, the permit
holder shall submit to the Local Administrator a certificate of elevation, in relation to
mean sea level, of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns). 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. An elevation certificate must
also be submitted for a recreational vehicle if it remains on a site 180 consecutive days
or longer (unless it is fully licensed and ready for highway use).
(3)
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 certify, if requested, that
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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 this 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 this code.
G. Certificate of compliance
(1) In areas of special flood hazard, as determined by documents enumerated in Section
110-6, 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 cer-
tificate 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 110-14 (E), 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;
(2) Certifications of as -built lowest floor elevations of structures required pursuant to
sub -sections 110-14 (D)(1) and 110-14 (D)(2), and whether the structures contain a
basement;
(2) Floodproofing certificates required pursuant to sub -section 110-14 (D)(1), and
whether the structures contain a basement;
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(4) Variances issued pursuant to Sections 110-24 and 110-25 VARIANCE PROCEDURES;
and,
(5)
Notices required under sub -section 110-14 (C), ALTERATION OF WATERCOURSES.
(6) Base flood elevations developed pursuant to sub -section 110-13(7) and supporting
technical analysis.
§110-15 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.
A. Coastal high hazard areas and coastal zones
The following requirements apply within Zones V1-V30, VE and V:
(1) All new construction, including manufactured homes and recreational vehicles on site 180
days or longer and not fully licensed for highway use, shall be located landward of the
reach of high tide.
(2) The use of fill for structural support of buildings, manufactured homes or recreational
vehicles on site 180 days or longer is prohibited.
(3) Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
B. Subdivision and development 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 to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
(4) Proposed development shall not result in physical damage to any other property (e.g., stream
bank erosion or increased flood velocities). If requested by the Local Administrator, the
applicant shall provide a technical analysis, by a licensed professional engineer,
demonstrating that this condition has been met.
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(5) Proposed development shall be designed, located, and constructed so as to offer the
minimum resistance to the flow of water and shall be designed to have a minimum effect
upon the height of flood water.
(6) Any equipment or materials located in a special flood hazard area shall be elevated,
anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release
of hazardous substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
i. a technical evaluation by a licensed professional engineer demonstrates that the altered or
relocated segment will provide conveyance equal to or greater than that of the original
stream segment and will not result in physical damage to any other property;
ii. if warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the
Federal Emergency Management Agency, with the applicant providing the necessary
data, analyses, and mapping and reimbursing the Town of Mamaroneck for all fees and
other costs in relation to the application; and
iii. the applicant provides assurance that maintenance will be provided so that the flood
carrying capacity of the altered or relocated portion of the watercourse will not be
diminished.
C. Encroachments
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new
construction, substantial improvements or other development (including fill) shall be
permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any location, or,
(ii) the Town of 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, no new
construction, substantial improvements or other development in the floodway
(including fill) shall be permitted unless:
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(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 any
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 a Special Flood Hazard Area (SFHA), if any development is found to increase or
decrease base flood elevations, the Town of Mamaroneck 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.
(4) Whenever any portion of a floodplain is authorized for development, the volume of
space occupied by the authorized fill or structure below the base flood elevation shall
be compensated for and balanced by a hydraulically equivalent volume of excavation
taken from below the base flood elevation at or adjacent to the development site. All
such excavations shall be constructed to drain freely to the watercourse. No area below
the waterline of a pond or other body of water can be credited as a compensating
excavation.
§110-16 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.
A. Anchoring
New structures and substantial improvement to structures in areas of special flood hazard
shall be anchored to prevent flotation, collapse, or lateral movement during the base flood.
This requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
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.
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(2) New construction and substantial improvements to structures shall be constructed
using methods and practices that minimize flood damage.
(3)
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE,
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; and
(ii) the bottom of all such openings no higher than one foot above grade.
(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.
(4) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are
available, new construction and substantial improvements shall have the space below
the lowest floor either free from obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other struc-
tural damage to the elevated portion of the building or supporting foundation
system. The enclosed space below the lowest floor shall be used only for parking
vehicles, building access or storage. Use of this space for human habitation is ex-
pressly prohibited. The construction of stairs, stairwells and elevator shafts are sub-
ject to the design requirements for breakaway walls.
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, 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;
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(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3)
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for
buildings that have openings below the base flood elevation shall be provided with
automatic backflow valves or other automatic backflow devices that are installed in
each discharge line passing through a building's exterior wall; and,
(4) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
D. 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 plus two feet.
§110-17 Residential structures (except coastal high hazard areas)
A. 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 sub -sections 110-
15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS, and 110-15 (C),
ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE, AH if base flood elevation data are available, new con-
struction and substantial improvements shall have the top of the lowest floor (includ-
ing basement) elevated to or above two feet above the base flood elevation. Within
Zones AH adequate drainage paths are required to guide flood waters around and
away from proposed structures on slopes.
(2) Within Zone A, when no base flood elevation data are available, a base flood elevation
shall be determined by either:
a. Obtain and reasonably use data available from a federal, state, or other source
plus two feet of freeboard, or,
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b. Determine the base flood elevation in accordance with accepted hydrologic and
hydraulic engineering practice, plus two feet of freeboard. Determinations shall
be undertaken by a registered design professional who shall document 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 plus one foot of freeboard. In areas designated as Zone
AO where a depth number is not specified on the map, the depth number shall be
taken as being equal to 2 feet. Within AO, adequate drainage paths are required to
guide flood waters around and away from proposed structures on slopes.
§110-18 Residential structures (coastal high hazard areas and coastal A zones)
The following standards, in addition to the standards in sub -sections 110-15 (A), COASTAL HIGH
HAZARD AREAS AND COASTAL A ZONES, and 110-15 (B), SUBDIVISION AND DEVELOPMENT
PROPOSALS, and Section 110-16, STANDARDS FOR ALL STRUCTURES, apply to new and
substantially improved residential structures located in areas of special flood hazard shown as Zones
V1-V30, VE or V on the community's Flood Insurance Rate Map designated in Section 110-6.
A. Elevation
New construction and substantial improvements shall be elevated on pilings, columns or
shear walls such that the bottom of the lowest horizontal structural member supporting the
lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or
columns, grade beams, pile caps and other members designed to either withstand storm
action or break away without imparting damaging loads to the structure) is elevated to or
above two feet above base flood elevation so as not to impede the flow of water.
B. Determination of loading forces
Structural design shall consider the effects of wind and water loads acting simultaneously
during the base flood on all building components.
(1) The structural design shall be adequate to resist water forces that would occur during
the base flood. Horizontal water loads considered shall include inertial and drag forces
of waves, current drag forces, and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave runup beyond the elevation of the base
flood.
(2) Buildings shall be designed and constructed to resist the forces due to wind pressure.
Wind forces on the superstructure include windward and leeward forces on vertical
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walls, uplift on the roof, internal forces when openings allow wind to enter the house,
and upward force on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction relative to the
house.
(3) Wind loading values used shall be those required by the building code.
C. Foundation standards
(1) The pilings or column foundation and structure attached thereto shall be adequately
anchored to resist flotation, collapse or lateral movement due to the effects of wind and
water pressures acting simultaneously on all building components. Foundations must
be designed to transfer safely to the underlying soil all loads due to wind, water, dead
load, live load and other loads (including uplift due to wind and water).
(3)Spread footings and fill material shall not be used for structural support of a new
building or substantial improvement of an existing structure.
D. Pile foundation design
(1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual
piles (this shall not apply to pile clusters located below the design grade). The
maximum center -to -center spacing of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or girders.
(2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined
wave and wind loads (lateral and uplift) associated with the base flood acting simul-
taneously with typical structure (live and dead) loads, and shall include consideration of
decreased resistance capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of 5 feet below mean sea
level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the
BFE is greater than +10 msl.
(3) Pile foundation analysis shall also include consideration of piles in column action from
the bottom of the structure to the stable soil elevation of the site. Pilings may be
horizontally or diagonally braced to withstand wind and water forces.
(4) The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round
timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated in
accordance with requirements of EPEE-C3 to minimize decay and damage from fungus.
(5)
Reinforced concrete piles shall be cast of concrete having a 28-day ultimate compressive
strength of not less than 5,000 pounds per square inch, and shall be reinforced with a
minimum of four longitudinal steel bars having a combined area of not less than 1% nor
more than 4% of the gross concrete area. Reinforcing for precast piles shall have a
concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1
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1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall
have a concrete cover of not less than 2 inches.
(6) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into
place.
(7) Additional support for piles in the form of bracing may include lateral or diagonal brac-
ing between piles.
(8) When necessary, piles shall be braced at the ground line in both directions by a wood
timber grade beam or a reinforced concrete grade beam. These at -grade supports
should be securely attached to the piles to provide support even if scoured from
beneath.
(9) Diagonal bracing between piles, consisting of 2-inch by 8-inch (minimum) members
bolted to the piles, shall be limited in location to below the lowest supporting structural
member and above the stable soil elevation, and aligned in the vertical plane along pile
rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch)
or cable type bracing is permitted in any plane.
(10) Knee braces, which stiffen both the upper portion of a pile and the beam -to -pile
connection, may be used along pile rows perpendicular and parallel to the shoreline.
Knee braces shall be 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or
larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized
steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square
members. Knee braces shall not extend more than 3 feet below the elevation of the base
flood.
E. Column foundation design
(1) Masonry piers or poured -in -place concrete piers shall be internally reinforced to resist
vertical and lateral loads, and be connected with a movement -resisting connection to a
pile cap or pile shaft.
F. Connectors and fasteners
(1) Galvanized metal connectors, wood connectors, or bolts of size and number adequate
for the calculated loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted. All metal connectors
and fasteners used in exposed locations shall be steel, hot -dipped galvanized after fabri-
cation. Connectors in protected interior locations shall be fabricated from galvanized
sheet.
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G. Beam to pile connections
(1) The primary floor beams or girders shall span the supports in the direction parallel to
the flow of potential floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members shall be connected
by reinforcement, if cast in place, or (of precast) shall be securely connected by bolting
and welding. If sills, beams, or girders are attached to wood piling at a notch, a
minimum of two (5/8)-inch galvanized steel bolts or two hot -dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1/2-inch lag bolts per beam
member shall be used. Notching of pile tops shall be the minimum sufficient to provide
ledge support for beam members without unduly weakening pile connections. Piling
shall not be notched so that the cross section is reduced below 50%.
H. Floor and deck connections
(1) Wood 2- by 4-inch (minimum) connectors or metal joist anchors shall be used to tie floor
joists to floor beams/girders. These should be installed on alternate floor joists, at a
minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may
be 1- by 3-inch members, placed 8 feet on -center maximum, or solid bridging of same
depth as joist at same spacing.
(2) Plywood should be used for subflooring and attic flooring to provide good torsional
resistance in the horizontal plane of the structure. The plywood should not be less than
(3/4)-inch total thickness, and should be exterior grade and fastened to beams or joists
with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented
by the application of waterproof industrial adhesive applied to all bearing surfaces.
I. Exterior wall connections
J.
(1) All bottom plates shall have any required breaks under a wall stud or an anchor bolt.
Approved anchors will be used to secure rafters or joists and top and bottom plates to
studs in exterior and bearing walls to form a continuous tie. Continuous 15/32-inch or
thicker plywood sheathing --overlapping the top wall plate and continuing down to the
sill, beam, or girder --may be used to provide the continuous tie. If the sheets of
plywood are not vertically continuous, then 2-by-4 nailer blocking shall be provided at
all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2-inch diameter
or galvanized steel straps not less than 1 inch wide by 1/16-inch-thick may be used to
connect from the top wall plate to the sill, beam, or girder. Washers with a minimum
diameter of 3 inches shall be used at each end of the 1/2-inch round rods. These anchors
shall be installed no more than 2 feet from each corner rod, no more than 4 feet on
center.
Ceiling joist/rafter connections
(1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a
continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at
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their intersections. A metal or wood connector shall be used at alternate ceiling
joist/rafter connections to the wall top plate.
Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2-foot
centers between the rafters at each gable end. Blocking shall be installed a minimum of
8 feet toward the house interior from each gable end.
K. Projecting members
(1) All cantilevers and other projecting members must be adequately supported and braced
to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a
maximum of 2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs and
porches will be permitted if designed or reviewed and certified by a registered
professional engineer or architect.
L. Roof sheathing
(1) Plywood, or other wood material, when used as roof sheathing, shall not be less than
15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All
attaching devices for sheathing and roof coverings shall be galvanized or be of other
suitable corrosion resistant material.
(2) All comers, gable ends, and roof overhangs exceeding six inches shall be reinforced by
the application of waterproof industrial adhesive applied to all bearing surfaces of any
plywood sheet used in the sheathing of such comer, gable end, or roof overhang.
(3)
In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures,
and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys,
and other points of discontinuity in the roofing surface.
M. Protection of openings
(1) All exterior glass panels, windows, and doors shall be designed, detailed, and
constructed to withstand loads due to the design wind speed of 75 mph. Connections
for these elements must be designed to transfer safely the design loads to the supporting
structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet.
N. Breakaway wall design standards
(1) The breakaway wall shall have a design safe loading resistance of not less than 10 and
not more than 20 pounds per square foot, with the criterion that the safety of the overall
structure at the point of wall failure be confirmed using established procedures. Grade
beams shall be installed in both directions for all piles considered to carry the breakaway
wall load. Knee braces are required for front row piles that support breakaway walls.
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(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be
permitted unless a registered professional engineer or architect has developed or re-
viewed the structural design and specifications for the building foundation and
breakaway wall components, and certifies that (1) the breakaway walls will fail under
water loads less than those that would occur during the base flood; and (2) the elevated
portion of the building and supporting foundation system will not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and non-structural).
Water loading values used shall be those associated with the base flood. Wind loading
values shall be those required by the building code.
§110-19 Non-residential structures (except coastal high hazard areas)
The following standards apply to new and substantially improved commercial, industrial and
other non-residential structures located in areas of special flood hazard, in addition to the
requirements in sub -sections 110-15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS,
and 110-15 (C), ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL
STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are
available, new construction and substantial improvements of any non-residential
structure, together with attendant utility and sanitary facilities, shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet
above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the base
flood elevation, including attendant utility and sanitary facilities, with walls substan-
tially impermeable to the passage of water. All structural components located below
the base flood elevation 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:
(3)
(i) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's FIRM
plus two feet (at least three feet if no depth number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in sub -Section 110-19 (1)(ii).
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
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with accepted standards of practice for meeting the provisions of sub -Section 110-19
(1)(ii), including the specific elevation (in relation to mean sea level) to which the
structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor
(including basement) shall be elevated at least three feet above the highest adjacent
grade.
§110-20 Non-residential structures (coastal high hazard areas and Coastal A zones)
(1) In Zones V1-V30, VE and also Zone V if base flood elevations are available, new
construction and substantial improvements of any non-residential structure, together
with attendant utility and sanitary facilities, shall have the bottom of lowest member of
the lowest floor elevated to or above two feet above the base flood elevation.
Floodproofing of structures is not an allowable alternative to elevating the lowest floor
to two feet above the base flood elevation in Zones V1-V30, VE and V.
§110-21 Critical facilities
In order to prevent potential flood damage to certain facilities that would result in serious
danger to life and health, or widespread social or economic dislocation, no new critical facility
shall be located within any Area of Special Flood Hazard, or within any 500-year flood zone
shown as a B zone or a Shaded X zone on the Community's Flood Insurance Rate Maps.
§110-22 Manufactured homes and recreational vehicles
The following standards in addition to the standards in Section 110-15, GENERAL
STANDARDS, and Section 110-16, STANDARDS FOR ALL STRUCTURES apply, as indicated,
in areas of special flood hazard to manufactured homes and to recreational vehicles which are
located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones A, A1-A30, AE, AH, AO, V1-V30, V,
and VE shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 110-22 (2), (3) and
(4).
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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) Within Zones A1-A30, AE, AH, the bottom of the frame of the manufactured home shall
be elevated to meet the requirements of Section 110-17 (A)(1). Elevation on piers
consisting of dry stacked blocks is prohibited
(3) Within Zone A, the bottom of the frame of the manufactured home shall be elevated to
meet the requirements of Section 110-17 (A)(2). Elevation on piers consisting of dry
stacked blocks is prohibited.
(4) Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to
meet the requirements of Section 110-17 (A)(3). Elevation on piers consisting of dry
stacked blocks is prohibited.
(5) Within V or VE, manufactured homes must meet the requirements of Section 110-18.
(6) The foundation and anchorage of manufactured homes to be located in identified
floodways shall be designed and constructed in accordance with ASCE 24.
§110-23 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.
(1) Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of
Section 110-16 (A), ANCHORING,
(2) Within Zones A1-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 110-16
(C), UTILITIES.
(5)
Within Zones V1-V30, VE, and V, accessory structures (unless properly elevated to the base
flood elevation plus two feet on piles or columns) must be limited to small, low -value
structures that are disposable. If a community wishes to allow unelevated accessory
buildings, it must define "small" and "low cost."
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(6) Within Zones V1-V30, VE, and V, Unelevated accessory buildings must be unfinished
inside, constructed with flood -resistant materials, and used only for storage.
(7)
Within Zones V1-V30, VE, and V, when an accessory building is placed, the design
professional must determine the effect that debris from the accessory building will have on
nearby buildings. If the accessory building is large enough that its failure could create
damaging debris or divert flood flows, it must be elevated above the base flood elevation
plus two feet.
VARIANCE PROCEDURE
§110-24 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;
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(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(x) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions,
including search and rescue operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(5) Upon consideration of the factors of Section 110-24 (4) 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.
§110-25 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 elevation, providing items
(i-xii) in Section 110-24 (4) have been fully considered. As the lot size increases beyond
the one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and
design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; and
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(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below the
base flood elevation shall be given written notice over the signature of a community official
that:
(i) the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required in
section 110-14 (H) of this chapter.
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.
November 10, 2022
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fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Designation of Delegate and Alternate to Association of Towns Annual
Business Meeting
Date: November 9, 2022
Attached please find a memo from Town Clerk, A11i May regarding the designation of a delegate and
alternate to the Association of Towns Annual Business meeting. We are requesting to following action
by the Board:
Action Requested:
Resolved that the Town Board hereby appoints to attend the Association of Towns
Annual Business Meeting with the purpose of voting on Wednesday, February 22, 2023. If
the delegate cannot vote for any reason, the alternate will be
Page 45 of 124
•
Town of Mamaroneck
Town Clerk, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
amay@townofmamaroneckNY.org
Date: November 3, 2022
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
Subject: Designation of Delegate and Alternate to Association of Towns Annual
Business Meeting
General:
The Town must assign a delegate and alternate to attend the Association of Towns Annual Business
Meeting to vote on February 22, 2023.
Page 46 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Building Resilient Infrastructure and Communities Grant Program
Date: November 8, 2022
Attached please find a memo from Town Engineer, Robert Wasp regarding the FEMA "Building
Resilient Infrastructure and Communities" (BRIC) Program grant submittal on November 9th. As we
discussed at the budget meeting on November 8th, this is for a planning grant to study drainage issues
throughout the Town. We are hopeful that not only will we be successful in securing this planning
grant, but that we will also be successful in securing future implementation funds to make the
improvements.
Action Requested:
Resolved that the Town Board fully supports this grant application and the promise it holds
for developing a plan for flood mitigation throughout the Town and authorizes the Town
Administrator to execute the agreement and any related documents necessary to carry out
its implementation.
Attachments:
Memo_BRIC Grant App_11092022
Page 47 of 124
Town of Mamaroneck
Engineering Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: 914/381-7835
FAX: 914/381-8473
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: November 9, 2022
TO: Meredith Robson, Town Administrator
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: New Grant Application — Comprehensive Storm Sewer Evaluation
FEMA Building Resilient Infrastructure and Communities (BRIC) Program
GENERAL:
Opportunity of potential funding for study/evaluation (planning -level) projects to study drainage
issues and possible flood mitigation was identified through FEMA's recently announced,
"Building Resilient Infrastructure and Communities" (BRIC) grant program. The program
provides federal funds for pre -disaster mitigation activities that improve resiliency and reduce
damage to property and municipal infrastructure.
The Engineering Department has worked closely with the Town's grant consultant to develop the
current BRIC program application for comprehensive evaluation of the Town's storm sewer
system. The evaluation would rely on a qualified engineering consultant to review existing
system maps and other resources to identify watersheds collected by the Town's drainage
network. Field reconnaissance to confirm individual drain structure location, size and current
condition would be completed as part of the consultant's scope. Defects identified during
fieldwork activities would be inventoried and reviewed for repair as part of future capital
projects. Further study of fifteen identified "problem areas" with known history of flooding
would be focused on for potential flood mitigation projects in conjunction with other findings.
Final deliverables expected from the project would include:
• Updated storm sewer map records in Town GIS database format
• Inventory of current conditions and defects within Town storm sewers
• Recommendation of improvements to improve flow capacity and mitigate flooding
• Cost estimation for recommended drainage system improvements
Consultant input provided by H2M Architects & Engineers has recommended a budget of
$300,000 to fund the described evaluation scope of work. If awarded, the BRIC grant would
provide 75% of project costs ($225,000); with a required 25% local match ($75,000) from the
Town. Completion of this evaluation would provide the Town with the necessary assessment to
plan beneficial, cost-efficient flood mitigation projects in the future. Opportunities for future
construction implementation funding could be pursued through FEMA and other available
sources such as the Westchester County Flood Mitigation Grant Program.
Please feel free to contact me with any questions.
Page 48 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Robert P. Wasp, Town Engineer
Re:
Date:
Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
November 9, 2022
Attached please find a memo from Robert Wasp regarding the bids recently received for TA-22-11
Myrtle Blvd. Stone Archways Rehabilitation. As you can see, there is a concern that the color of the
new cement materials will not match existing materials and the engineer's recommendation is to reject
the current bid and re -bid the work to include custom ordered materials that will match. We are
requesting the following action by the Board:
Action Requested:
Resolved that the Town Board hereby rejects all bids received for TA-22-11 Myrtle Blvd.
Stone Archways Rehabilitation and authorizes the re -bid of the project to include custom
ordered materials to match existing archway materials.
Page 49 of 124
•
Town of Mamaroneck
Engineering Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
rwasp@townofmamaroneckNY.org
Date: November 9, 2022
To: Meredith Robson, Town Administrator
From: Robert P. Wasp, Town Engineer
CC: Tracy YogmanTown Comptroller
Subject: Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
General:
Bid procurement was recently completed for the Myrtle Blvd Stone Archways Rehabilitation. The
project involves the masonry concrete repairs, application of waterproofing membrane and restoration
of damaged mortar/stucco finish on the exterior of the structure.
On October 13th, 2022, six (6) bid proposals were received as summarized on the attached bid
tabulation table. The apparent low bidder is "Arista Renovation" at the submitted total price of $58,000
for the base bid scope. Town consultant "AI Engineers" has completed review of the proposal inclusive
of technical experience and references provided for the apparent low bidder. No errors or omissions
have been identified. The attached memorandum from AI Engineers provides additional commentary
on their general review findings.
Concern for the aesthetics of completed restoration was raised by several bidders during the
advertisement period. The stone archways are constructed for cosmetic appearance that is more
reflective of a monument or historic structure. Newly replaced mortar or stucco finish may cure with
a different shade of color than existing surfaces and could appear noticeably different than existing
stonework that remains intact.
Custom batched cement materials are available to be produced to color match existing materials on the
archway structures. Project specifications will need to be updated for the use of custom ordered
materials that would subsequently delay construction of improvements until the return of suitable
weather conditions in spring 2023. Updated bid documents would be advertised for solicitation of new
bid proposals.
Based upon these considerations the Engineering Department recommends that the Town Board should
reject all proposals received in response to advertised Contract #TA-22-11. Capital budget allocation
Page 50 of 124
for the project should be updated for planned 2023 construction timing with additional scope of material
costs included.
Please feel free to contact me with any questions.
Attachments:
Bid Review Memo AI Engineers 11042022
Myrtle Blvd Stone Archway Rehabilitation- Bid Tabulation
Page 51 of 124
Engineers
Dolph Rotfeld Engineering Division
570 Taxter Road, Suite 300
Elmsford, NY 10523
(914) 631-8600 phone
(914) 631-5769 fax
www.drepc.com
www.aiengineers.com
Recommendation to Award Memorandum
TO: Robert Wasp, PE
DATE: November 4, 2022
RE: Myrtle Blvd Stone Archway Rehabilitation
Town of Mamaroneck
Contract: TA-22-11
Dear Mr. Wasp:
On October 13, 2022, six bids were received for the above referenced project. The bidder with
the apparent lowest bid was Arista Renovation Inc. with a Total Base Bid Price of $58,000.
This office has had no previous experience with Arista Renovation Inc., therefore a reference
check was performed to determine the quality of their work. We contacted multiple references
listed by the bidder and we received responses from four in total. All reviews were positive and
noted professionalism, cleanliness, responsiveness and having limited or no changes to the
approved schedule or original bid price. It was noted in the Town of Hempstead Reference check
that Arista Renovation completed a historical style restoration for the Town with suitable results.
We have met with Arista Renovations, Inc. on site to review the project scope and expected
deliverables. All crack and structural repairs, and prep work is expected to take between 2-3
weeks and can be completed during the 2022 construction season.
Prior to the finished coat being installed, the new concrete repairs will require adequate drying
time. The finish coat requires daytime temperatures around 50 degrees, which given the time of
year may delay the installation of the finish coat until spring 2023.
Additionally, Arista Renovation Ins., has suggested two alternative finish products as an
alternative to the "Rubbed Finish" outlined in Item #1 of the bid document, which would be at
the sole discretion of the Town to consider after reviewing samples of each. The two suggestions
are a stucco style skim coat finish or a concrete patch repair with a specialized concrete paint
topping finish.
Page 52 of 124
AI
Engineers
Dolph Rotfeld Engineering Division
After reviewing the references, company research and conducting a site meeting, we feel Arista
Renovation, Inc. is capable of all proposed work and recommend awarding Contract TA-22-11 to
Arista Renovation Inc.
Please advise us of your decision and when you will be scheduling a meeting with the contractor
regarding contract signing, insurance policies and a tentative work schedule.
Very truly yours,
Anthony Oliveri, P.E.
Vice President
Improving Life. By Design.
Page 53 of 124
Sky Rise Inc
49 Ashley Drive
Valley Stream, NY 11580
(9718) 705-4705
October 13, 2022
EST. AMOUNT
co-
***Base bid submited $108,000,
but bid sheets show item #3 to
be 108,000. Item #3 and total
price unclear.
F W
Z U
acc2-
co-
NAC Industries, Inc.
112 Hurley Road
Oxford, CT 06478
(914) 630-4166
(914) 447-3551
N
N
O
N
N
O
U
0
EST.
AMOUNT
kri
UNIT PRICE
Paladino Concrete Creations
Corp.
315 N. Macquesten Pkwy
Mount Vernon, NY 10550
(914) 699-0907
October 13, 2022
EST.
AMOUNT
UNIT
PRICE
Prince Contracting &
Development Inc.
3039 Wilson Avenue B1
Bronx, NY 10469
(212) 786-2922 (718)
844-6701
October 13, 2022
EST.
AMOUNT
$54,720.00
go
UNIT
PRICE
$54,720.00
Chase Building Renovation, Inc.
2079 Wantagh Avenue, STE #4
Wantagh, NY 11793
(516) 366-9992
October 13, 2022
EST. AMOUNT
UNIT
PRICE
$18,000.00
Arista Renovation Inc.
36 Acme Avenue
Bethpage, NY 11716
(718) 975-0316
N
i
Xi
a
0
EST. AMOUNT
»
.
y
w
UNIT PRICE
BIDDERS NAME:
ADDRESS:
CITY, STATE ZIP:
PHONE:
FAX:I
f
a
O
}
H
H
Z
a
7
a
Total
1-
z
7
J
DESCRIPTION
Miscellaneous Additional Work
Class "S Concrete Repair and Finish
Repair and Repoint Masonry
Cleaning and Protective Seal
ITEM NO.
2
—
0
co
Page 54 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Fire Claims
Date: November 9, 2022
Attached please find the Fire Claims that Tracy Yogman, Comptroller prepared. We are requesting the
following action by the Board:
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 55 of 124
•
Town of Mamaroneck
Fire Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
Date: November 9, 2022
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Fire Claims
General:
Attached is the list of Fire Claims for approval.
Attachments:
Fire Claims November 16 2022
TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Page 56 of 124
Town of Mamaroneck
From:
Re:
Date:
Tracy Yogman - Town Comptroller
Fire Claims
November 16, 2022
1
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
SCOTT/POSICHECK III SCBA Airpak test, repair and labor
$ 236.60
ASAP
Shipping for pager repairs
3.50
Brady, Melissa
Reimb. Travel expenses for training - Fire Instructor 2 class
357.44
Brown & Brown of NY Inc.
Inland Marine: Increase in value on 4 Fire Trucks
12,343.00
Champion Elevator
Maintenance for month of November 2022
192.50
Chatsworth Cleaners
Uniform cleaning - October 2022
142.40
Con Edison
Fire HQ gas service 9/28-10/28/22
580.59
FireCompanies.Com
Platinum Package - webiste hosting & maintenance -Nov 22
209.97
Grainger
Glass cleaner
25.32
Hi -Tech Fire & Safety Inc.
LTO - Tails Outer Shell, Pants Outer Shell - 6.6oz Pioneer w/Freefas,
black
6,016.20
Hughes, Shaun
Reimbursement - supplies for Fast Drill 9/28/22
118.00
Sound Shore Pest Control
Exterminating services 8/8, 9/29, 10/25/22
365.00
Schufire DBA: Waterway Long Island
1800 ft of hose tested & dry vaccum test hose
3,982.80
UniFirst Corp.
Cleaning Supplies 10/14, 10/21, 10/28/22
392.09
Verizon
TMFD 300M Fios Redundant Circuit 10/25/22
289.99
WJWW
Water-205 Weaver St 9/26-10/25/22
107.26
WJWW
Water-6" Metered Fire service 9/26-10/25/22
37.00
ReadyRefresh
Water Cooler rental & paper fee 9/19-10/18/22
182.96
Winged Foot Golf Club
2022 Inspection Dinner
6,400.00
Total $ 31,982.62
Page 57 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Acceptance of Donation to the Town of Mamaroneck Fire Department
Date:
Attached please find a memo from Fire Chief, Shaun Hughes regarding an offer from Ray Catena Lexus
to donate money to the Town of Mamaroneck Fire Depaitiiient. We are requesting the following action
by the Board:
Action Requested:
Resolved that the Town of Mamaroneck Board of Fire Commissioners hereby accepts the
donation of $12,500.00 from Ray Catena Lexus for the Town of Mamaroneck Fire
Department to be used for the purchase of Fire Department equipment.
Attachments:
lexusdonationmemo
Page 58 of 124
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF'i ui•:
CHIEF
205 WEAVER STRF:F I
LARCH MC}NT,NEW YORK 105314
1I4.243$ CHIEF'S (WI:r(CF.
831.0922 - FAX
WWW: F.ti1m.oRi
TI11FU CHIFI(erviFfORf:
To: Meredith Robson, Town Administrator
From: Shaun Hughes, Fire Chief
Date: November 711', 2022
Re: Acceptance of donation to the Town of Mamaroneck Fire Department
Ra\Catena I .cxus is offering the Town of Mamaroneck Fire Department a
donation ofS 12,50[) to for the purchase of equipment for the fire department. They
specifically indicated the funds are not for items that arc already budgeted for the fire
department.
It is my understanding that the acceptance of donated funds. need to be voted on
by the Board or Fir Commissioners, at a Town Board meeting. I would like to have this
issue on the agenda iilr the November 161h Town Board meeting.
Respectfully submitted,
J
Shaun Hughes
Chief of the Department
Page 59 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Set Public Hearing - Fire District No. 1 Preliminary Budget 2023
Date: November 10, 2022
Based on budget discussions we are requesting the following action by the Board:
Action Requested:
Resolved that the Town of Mamaroneck Board of Fire Commissioners does hereby set the
date for a Public Hearing on the Fire District No. 1 Preliminary Budget 2023 for December
7, 2022.
Page 60 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Set Public Hearing - 2023 Preliminary Town Budget
Date: November 10, 2022
Based on budget discussions, we are requesting the following action by the Board:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing on the Town
of Mamaroneck 2023 Preliminary Budget for December 7, 2022.
Page 61 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Proposed Sewer Rent Rate for 2023
Date: November 9, 2022
Attached please find a memo from Tracy Yogman, Town Comptroller regarding the proposed sewer
rent rate for 2023. We are requesting the following action by the Board:
Action Requested:
Resolved that the Town Board does hereby set the date for a Public Hearing on the sewer
rent rate for 2023 for December 7, 2022.
Page 62 of 124
Town of Mamaroneck
Comptroller, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
Date: November 9, 2022
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Proposed Sewer Rent Rate for 2023
TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
General:
Local Law #7 adopted in 2014 provides for establishing a sanitary sewer rent as an alternative to the ad
valorem tax to fund the operation and maintenance of the sanitary sewer system. Section 174-3 of the
legislation requires that the Town Board annually set the sewer rent rate per gallon based upon water
consumption. The rate is calculated by dividing the revenue required to operate the sanitary sewer
system by the adjusted water consumption of all system users. A public hearing must be held by the
Town Board to consider any change in the sewer rent rate.
There are 3,065 billed water accounts in the unincorporated Town. There are an estimated 67 properties
in the unincorporated area that utilize septic systems and therefore not connected to the sewer system.
Below is a listing of water sales in the unincorporated area for the last three full years:
• 2021 Actual 419,000,000 gallons
• 2020 Actual 459,000,000 gallons
• 2019 Actual 419,000,000 gallons
Three-year average water sales- 432,333,333 gallons
Average annual water use for a residential property is 136,911 gallons. This is the average of annual
water use with and without irrigation based upon the average of the last three years of total water use
in the Town.
With 67 properties not connected to the sanitary sewer system and an average residential water
consumption of 137,000 gallons; 12,700,000 gallons of water is deducted from the average water sales
for purposes of the calculation of the sewer rent. Also, the law provides that the sewer rent to be charged
be based upon 90% of the actual water consumed. Therefore, for rate calculation purposes the
adjusted annual water sold is determined as follows:
Three-year average water sales 432,333,333 gallons
Page 63 of 124
Deduction for properties not connected
to the sanitary sewer system
Subtotal
Allowance for 90% of actual average
water consumption
Adjusted water sales for rate calculation
12,700,000 gallons
419,633,333 gallons
41,963,333 gallons
377,670,000 gallons
The funding to be raised for Sewer District expenses in 2023 is $769,000. Water consumption has
decreased over the years but expenses have increased as a result of the debt service related to the
sanitary sewer system replacement and rehabilitation project. As a result, the 2023 Budget includes a
contingency of $100k for revenue shortfalls. The fund balance has been utilized in prior years and will
not be able to sustain additional shortfalls and emergencies.
Therefore, the rate calculation is $769,000/377,670,000=$.0020/gallon, an increase of $.0002/gallon
over 2022.
For an average residential consumer using 136,911 gallons of water per year the property owner will
be billed for 90% of the consumption or 123,220 gallons. As a result, the average annual sewer rent
for 2023 will be $250.90, an increase of $63.42 over 2022.
Procedurally, the Town Board must hold a public hearing on the proposed sewer rent rate increase
before a new rate can be implemented.
Page 64 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: 2022 Capital Budget Amendments
Date: November 10, 2022
Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2022 Capital Budget
Amendments needed. We are requesting the following action by the Board:
Action Requested:
Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary
budget amendments, as presented.
Page 65 of 124
Town of Mamaroneck
Comptroller, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
Date: November 10, 2022
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2022 Capital Budget Amendments
General:
TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
The following 2022 capital budget amendments are recommended as follows:
1.Memorial Park Playground Improvements (Project 2020.31)
A price quote for the Memorial Park Playground improvements was received from American
Recreational Products and is higher than the project budget. Additional funding of $11,830 is needed
to complete the project. The Senior Center Parking Lot project has remaining funds available that can
be transferred to the park budgets.
2. Richbell Playground Improvements (Project 2021.88)
A price quote for the Memorial Park Playground improvements was received from American
Recreational Products and is higher than the project budget. Additional funding of $23,750 is needed
to complete the project. The Senior Center Parking Lot project has remaining funds available that can
be transferred to the park budgets. A budget amendment to transfer funds from the Sr Parking Lot
project is recommended below.
3. Police Equipment (B.3120.2123)
A donation has been accepted by the Town Board from Ray Catena Lexus. The funds were provided
by the donor for the purchase of police equipment that are not budgeted. A budget amendment is
recommended below to increase donation revenue and fund the police equipment budget line for the
purchase.
Attachment/s:
2022 CAPITAL BUDGET AMENDMENTS CHART -November 16 2022
Page 66 of 124
2022 CAPITAL BUDGET AMENDMENTS
Item # CAPITAL FUND (FUND H):
1 Revenue
Expense
Revenue
Expense
Revenue
Expense
Transfer from General Fund
Sr Center Parking Lot Improvements
Transfer from General Fund
Richbell Rd Playground Improvements
Transfer from General Fund
Memorial Park Improvements
Part Town Fund (FUND B)
2 Revenue Donations
Expense Police equipment
H.0000.5031.2021.48
H.6772.0400.2021.48
H.0000.5031.2021.88
H.7020.0400.2021.88
H.0000.5031.2020.31
H.7140.0400.2020.31
B.0000.2705
B.3120.2123
Decrease
Decrease
Increas e
Increas e
Increas e
Increas e
Increas e
Increas e
Amount
(35,580.00)
(35,580.00)
23,750.00
23,750.00
11,830.00
11,830.00
12,500.00
12,500.00
Page 67 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Allison May, Town Clerk
Re: Elimination of Two Parking Spaces on a Section of Forest Avenue Law
Date: November 11, 2022
Attached please find a memo from Town Attorney, William Maker Jr. regarding "Elimination of Two
Parking Spaces on a Section of Forest Avenue Law". We are requesting the following action by the
Board:
Action Requested:
Resolved that the Town Board hereby sets a Public Hearing for "Elimination of Two
Parking Spaces on a Section of Forest Avenue Law" for the Town Board Meeting on
December 7, 2022.
Page 68 of 124
•
Town of Mamaroneck
Town Attorney, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: November 11, 2022
To: Members of the Town Board
From: William Maker Jr., Town Attorney
CC: Meredith S. RobsonTown Administrator
CC: Allison MayTown Clerk
Subject: Elimination of Two Parking Spaces on a Section of Forest Avenue Law
General:
I attach a proposed local law that if approved, would eliminate two parking spaces on Forest Avenue
at its intersection with Rockingstone Avenue.
If the Town Board considers the proposed law ready for public discussion, it may set a public hearing.
Attachments:
2022-11-11-LL-elim pkg on Forest
Page 69 of 124
Local Law No. - 2022
This local law shall be known as the "Elimination of two parking spaces on a section of Forest
Avenue" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
For safety reasons, the Town Board has determined that two parking spaces on Forest Avenue at
its intersection with Rockingstone Avenue should be eliminated.
Section 2 - Amendment of a current section of the Mamaroneck Code:
Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to include the
following in its proper alphabetical position with the section:
§ 219-18 Parking prohibited at all times.
A. No motor vehicle shall be parked at any time upon any of the public highways or parts of
public highways described below:
Name of Public Highway Direction of Travel Location
Forest Avenue East South side for a distance of 50
feet west from its intersection
with Rockingstone Avenue
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.
November 11, 2022
Page 70 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Allison May, Town Clerk
Re: Flood Damage Prevention Law
Date: November 10, 2022
Attached please find a memo from Bill Maker regarding the "Flood Damage Prevention Law". We are
requesting the following action by the Board:
Action Requested:
Resolved that the Town Board does hereby set a public hearing for "Flood Damage
Prevention Law" for the Town Board Meeting on December 7, 2022.
Page 71 of 124
•
Town of Mamaroneck
Town Attorney, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: November 10, 2022
To: Town Board and Supervisor
From: William Maker Jr., Town Attorney
CC: Meredith S. RobsonTown Administrator
CC: Allison MayTown Clerk
Subject: Flood Damage Prevention Law
General:
On October 3, 2022, the Town Board passed Local Law No. 4 of 2022 by which it amended its Flood
Prevention Law to conform to a model law promulgated by the State of New York. Upon review of
Local Law No. 4, the State realized that it should have asked the Town to enact a different version of
its model law.
The attached local law replaces Local Law No. 4 of 2022. The Building Inspector has reviewed the
updated version of the State's model and finds it acceptable.
Attachments:
2022-11-10-LL-revised
Page 72 of 124
Local Law No. - 2022
This local law shall be known as the "Flood Damage Prevention" law of the Town of Mamaroneck
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. The Town previously adopted a
version of the model law; however, upon further review by the State, the State has asked the Town to adopt a
different version of the model law. This local law does that by repealing the recently enacted amendment to
Chapter 110 and replacing it with what follows below.
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 Damage Prevention
§110-1 Findings
§110-2 Statement of Purpose
§110-3 Objectives
§110-4 Definitions
§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 Warring and Disclaimer of Liability
§110-11 Designation of the Local Administrator
§110-12 The Floodplain Development Permit
§110-13 Application for a Permit
§110-14 Duties and Responsibilities of the Local Administrator
§110-15 General Construction Standards
§110-16 Standards for All Structures
§110-17 Residential Structures (Except Coastal High Hazard Areas)
§110-18 Residential Structures (Coastal High Hazard Areas and Coastal A Zones)
§110-19 Non -Residential Structures (Except Coastal High Hazard Areas)
§110-20 Non -Residential Structures (Coastal High Hazard Areas and Coastal A Zones)
§110-21 Critical Facilities
§110-22 Manufactured Homes and Recreational Vehicles
§110-23 Accessory Structures Including Detached Garages
§110-24 Appeals Board
i
Page 73 of 124
§110-25 Conditions for Variances
STATUTORY AUTHORIZATION AND PURPOSE
§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:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
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(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 FIRM with a
one percent or greater annual chance of flooding to an average annual depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE,
AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or
100-year floodplain. For purposes of this 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.
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"Breakaway wall" means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting foundation system.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement".
"Coastal A Zone" Area within a SFHA, landward of a V1-V30, VE, or V zone or landward of an open
coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flood must
be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood
conditions, the potential for breaking wave height shall be greater than or equal to 1 1/2 feet (457 mm).
The inland limit of coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or
(b) designated by the authority having jurisdiction.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.
"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.
"Critical Facilities" means:
(1) Structures of facilities that produce, use, or store highly volatile, flammable, explosive, toxic
and/or water -reactive materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who may not be
sufficiently mobile to avoid death or injury during a flood;
(3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency
operations centers that are needed for flood response activities before, during, and after a
flood; or
(4) Public and private utility facilities that are vital to maintaining or restoring normal services
to flooded areas before, during, and after a flood.
"Cumulative Substantial Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the
time of the improvement or repair when counted cumulatively for 10 years.
"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.
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"Elevated building" means a non -basement building (i) built, in the case of a building in Zones A1-
A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building
in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated
floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30,
AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement
of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building
otherwise meeting the definition of "elevated building", even though the lower area is enclosed by
means of breakaway walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that administers the National
Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by
the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
designated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
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"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water from
any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does
not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Limit of Moderate Wave Action (LiMWA)" line shown on FIRMs to indicate the inland limit of the 1
1/2 foot (457 mm) breaking wave height during the base flood.
"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. This person is
often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
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"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.
"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 FIRM 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".
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach and
subject to erosion and overtopping from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively
steep slope to a relatively mild slope.
"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.
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"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 110-14 (B) of the code.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
"Start of construction" means the date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent construction of a building
(including a manufactured home) on a site, such as the pouring of a slab or footings, installation of
pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or
filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or
foundations, or the erection of temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For a substantial
improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
"Substantial damage" means 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 damage also means flood -related
damages sustained by a structure on two separate occasions during a 10-year period for which the cost
of repairs at the time of such flood event, on the average, equals or exceeds 25 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. Substantial improvement also means cumulative
substantial 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".
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"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.
§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,
revision 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 local law are at variance with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher
standards, shall govern.
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§110-8 Severability
The invalidity of any section or provision of this chapter shall not invalidate any other section or
provision thereof.
§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. 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 110-24 and
110-25 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 hereby appointed 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 ensuring 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, 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 in an amount set by the Town Board from time to time. 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.
§110-13 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 top of the lowest floor
(including basement or cellar) of any new or substantially improved structure to be located
in a Special Flood Hazard Area (SFHA). Upon completion of the lowest floor, the permittee
shall submit to the Local Administrator the as -built elevation, certified by a licensed profes-
sional engineer or surveyor.
(2) The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of any new or substantially
improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation
data are available. Upon completion of the lowest floor, the permittee shall submit to the
Local Administrator the as -built elevation, certified by a licensed professional engineer or
surveyor.
(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 permittee shall submit to the Local Administrator
the as -built floodproofed elevation, certified by a professional engineer or surveyor.
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(4) A certificate from a licensed professional engineer or architect that any utility floodproofing
will meet the criteria in Section 110-16 (C), UTILITIES.
(5) A certificate from a licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in Section 110-19, NON-
RESIDENTIAL STRUCTURES.
(6) A description of the extent to which any watercourse will be altered or relocated as a result
of proposed development. Computations by a licensed professional engineer must be
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, 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 recreation-
al vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood elevations are available, designs
and specifications, certified by a licensed professional engineer or architect, for any
breakaway walls in a proposed structure with design strengths in excess of 20 pounds per
square foot.
(10) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new
and substantial improvements to structures, floodplain development permit applications
shall be accompanied by design plans and specifications, prepared in sufficient detail to
enable independent review of the foundation support and connection components. Said
plans and specifications shall be developed or reviewed by a licensed professional engineer
or architect, and shall be accompanied by a statement, bearing the signature of the architect
or engineer, certifying that the design and methods of construction to be used are in
accordance with accepted standards of practice and with all applicable provisions of this
chapter.
§110-14 Duties and responsibilities of the Local Administrator
The duties of the Local Administrator shall include, but not be limited to the following:
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A. Permit Application Review
The Local Administrator shall conduct the following permit application review before
issuing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements of
subsection 110-13, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this chapter.
(2) Review subdivision and other proposed new development, including manufactured
home parks to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is located in an area of special flood
hazard, all new construction and substantial improvements shall meet the applicable
standards of Section 110-15, CONSTRUCTION STANDARDS and, in particular, sub-
section B, SUBDIVISION AND DEVELOPMENT PROPOSALS.
(3)
Determine whether any proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream bank erosion and
increased flood velocities). The Local Administrator may require the applicant to
submit additional technical analyses and data necessary to complete the
determination.
If the proposed development may result in physical damage to any other property or
fails to meet the requirements of Section 110-15, CONSTRUCTION STANDARDS, no
permit shall be issued. The applicant may revise the application to include measures
that mitigate or eliminate the adverse effects and re -submit the application.
(4) Determine that all necessary permits have been received from those governmental
agencies from which approval is required by State or Federal law.
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 paragraph 110-
13 (8), 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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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 dimin-
ished.
D. Construction stage
(1) In Zones A1-A30, AE, AH, and 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 manufac-
tured 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) In Zones V1-V30, VE, and V if base flood elevation data are available, upon
placement of the lowest floor of a new or substantially improved structure, the permit
holder shall submit to the Local Administrator a certificate of elevation, in relation to
mean sea level, of the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns). 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. An elevation certificate must
also be submitted for a recreational vehicle if it remains on a site 180 consecutive days
or longer (unless it is fully licensed and ready for highway use).
(3)
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 certify, if requested, that
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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 this 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 this code.
G. Certificate of compliance
(1) In areas of special flood hazard, as determined by documents enumerated in Section
110-6, 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 cer-
tificate 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 110-14 (E), 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;
(2) Certifications of as -built lowest floor elevations of structures required pursuant to
sub -sections 110-14 (D)(1) and 110-14 (D)(2), and whether the structures contain a
basement;
(2) Floodproofing certificates required pursuant to sub -section 110-14 (D)(1), and
whether the structures contain a basement;
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(4) Variances issued pursuant to Sections 110-24 and 110-25 VARIANCE PROCEDURES;
and,
(5)
Notices required under sub -section 110-14 (C), ALTERATION OF WATERCOURSES.
(6) Base flood elevations developed pursuant to sub -section 110-13(7) and supporting
technical analysis.
§110-15 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.
A. Coastal high hazard areas and coastal zones
The following requirements apply within Zones V1-V30, VE and V:
(1) All new construction, including manufactured homes and recreational vehicles on site 180
days or longer and not fully licensed for highway use, shall be located landward of the
reach of high tide.
(2) The use of fill for structural support of buildings, manufactured homes or recreational
vehicles on site 180 days or longer is prohibited.
(3) Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
B. Subdivision and development 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 to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
(4) Proposed development shall not result in physical damage to any other property (e.g., stream
bank erosion or increased flood velocities). If requested by the Local Administrator, the
applicant shall provide a technical analysis, by a licensed professional engineer,
demonstrating that this condition has been met.
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(5) Proposed development shall be designed, located, and constructed so as to offer the
minimum resistance to the flow of water and shall be designed to have a minimum effect
upon the height of flood water.
(6) Any equipment or materials located in a special flood hazard area shall be elevated,
anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release
of hazardous substances.
(7) No alteration or relocation of a watercourse shall be permitted unless:
i. a technical evaluation by a licensed professional engineer demonstrates that the altered or
relocated segment will provide conveyance equal to or greater than that of the original
stream segment and will not result in physical damage to any other property;
ii. if warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the
Federal Emergency Management Agency, with the applicant providing the necessary
data, analyses, and mapping and reimbursing the Town of Mamaroneck for all fees and
other costs in relation to the application; and
iii. the applicant provides assurance that maintenance will be provided so that the flood
carrying capacity of the altered or relocated portion of the watercourse will not be
diminished.
C. Encroachments
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new
construction, substantial improvements or other development (including fill) shall be
permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any location, or,
(ii) the Town of 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, no new
construction, substantial improvements or other development in the floodway
(including fill) shall be permitted unless:
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(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 any
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 a Special Flood Hazard Area (SFHA), if any development is found to increase or
decrease base flood elevations, the Town of Mamaroneck 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.
(4) Whenever any portion of a floodplain is authorized for development, the volume of
space occupied by the authorized fill or structure below the base flood elevation shall
be compensated for and balanced by a hydraulically equivalent volume of excavation
taken from below the base flood elevation at or adjacent to the development site. All
such excavations shall be constructed to drain freely to the watercourse. No area below
the waterline of a pond or other body of water can be credited as a compensating
excavation.
§110-16 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.
A. Anchoring
New structures and substantial improvement to structures in areas of special flood hazard
shall be anchored to prevent flotation, collapse, or lateral movement during the base flood.
This requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
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.
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(2) New construction and substantial improvements to structures shall be constructed
using methods and practices that minimize flood damage.
(3)
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE,
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; and
(ii) the bottom of all such openings no higher than one foot above grade.
(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.
(4) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are
available, new construction and substantial improvements shall have the space below
the lowest floor either free from obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other struc-
tural damage to the elevated portion of the building or supporting foundation
system. The enclosed space below the lowest floor shall be used only for parking
vehicles, building access or storage. Use of this space for human habitation is ex-
pressly prohibited. The construction of stairs, stairwells and elevator shafts are sub-
ject to the design requirements for breakaway walls.
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, 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;
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(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3)
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for
buildings that have openings below the base flood elevation shall be provided with
automatic backflow valves or other automatic backflow devices that are installed in
each discharge line passing through a building's exterior wall; and,
(4) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
D. 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 plus two feet.
§110-17 Residential structures (except coastal high hazard areas)
A. 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 sub -sections 110-
15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS, and 110-15 (C),
ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE, AH if base flood elevation data are available, new con-
struction and substantial improvements shall have the top of the lowest floor (includ-
ing basement) elevated to or above two feet above the base flood elevation. Within
Zones AH adequate drainage paths are required to guide flood waters around and
away from proposed structures on slopes.
(2) Within Zone A, when no base flood elevation data are available, a base flood elevation
shall be determined by either:
a. Obtain and reasonably use data available from a federal, state, or other source
plus two feet of freeboard, or,
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b. Determine the base flood elevation in accordance with accepted hydrologic and
hydraulic engineering practice, plus two feet of freeboard. Determinations shall
be undertaken by a registered design professional who shall document 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 plus one foot of freeboard. In areas designated as Zone
AO where a depth number is not specified on the map, the depth number shall be
taken as being equal to 2 feet. Within AO, adequate drainage paths are required to
guide flood waters around and away from proposed structures on slopes.
§110-18 Residential structures (coastal high hazard areas and coastal A zones)
The following standards, in addition to the standards in sub -sections 110-15 (A), COASTAL HIGH
HAZARD AREAS AND COASTAL A ZONES, and 110-15 (B), SUBDIVISION AND DEVELOPMENT
PROPOSALS, and Section 110-16, STANDARDS FOR ALL STRUCTURES, apply to new and
substantially improved residential structures located in areas of special flood hazard shown as Zones
V1-V30, VE or V on the community's Flood Insurance Rate Map designated in Section 110-6.
A. Elevation
New construction and substantial improvements shall be elevated on pilings, columns or
shear walls such that the bottom of the lowest horizontal structural member supporting the
lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or
columns, grade beams, pile caps and other members designed to either withstand storm
action or break away without imparting damaging loads to the structure) is elevated to or
above two feet above base flood elevation so as not to impede the flow of water.
B. Determination of loading forces
Structural design shall consider the effects of wind and water loads acting simultaneously
during the base flood on all building components.
(1) The structural design shall be adequate to resist water forces that would occur during
the base flood. Horizontal water loads considered shall include inertial and drag forces
of waves, current drag forces, and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave runup beyond the elevation of the base
flood.
(2) Buildings shall be designed and constructed to resist the forces due to wind pressure.
Wind forces on the superstructure include windward and leeward forces on vertical
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walls, uplift on the roof, internal forces when openings allow wind to enter the house,
and upward force on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction relative to the
house.
(3) Wind loading values used shall be those required by the building code.
C. Foundation standards
(1) The pilings or column foundation and structure attached thereto shall be adequately
anchored to resist flotation, collapse or lateral movement due to the effects of wind and
water pressures acting simultaneously on all building components. Foundations must
be designed to transfer safely to the underlying soil all loads due to wind, water, dead
load, live load and other loads (including uplift due to wind and water).
(3)Spread footings and fill material shall not be used for structural support of a new
building or substantial improvement of an existing structure.
D. Pile foundation design
(1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual
piles (this shall not apply to pile clusters located below the design grade). The
maximum center -to -center spacing of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or girders.
(2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined
wave and wind loads (lateral and uplift) associated with the base flood acting simul-
taneously with typical structure (live and dead) loads, and shall include consideration of
decreased resistance capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of 5 feet below mean sea
level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the
BFE is greater than +10 msl.
(3) Pile foundation analysis shall also include consideration of piles in column action from
the bottom of the structure to the stable soil elevation of the site. Pilings may be
horizontally or diagonally braced to withstand wind and water forces.
(4) The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round
timber piles and 8 by 8 inches for square timber piles. All wood piles must be treated in
accordance with requirements of EPEE-C3 to minimize decay and damage from fungus.
(5)
Reinforced concrete piles shall be cast of concrete having a 28-day ultimate compressive
strength of not less than 5,000 pounds per square inch, and shall be reinforced with a
minimum of four longitudinal steel bars having a combined area of not less than 1% nor
more than 4% of the gross concrete area. Reinforcing for precast piles shall have a
concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1
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1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall
have a concrete cover of not less than 2 inches.
(6) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into
place.
(7) Additional support for piles in the form of bracing may include lateral or diagonal brac-
ing between piles.
(8) When necessary, piles shall be braced at the ground line in both directions by a wood
timber grade beam or a reinforced concrete grade beam. These at -grade supports
should be securely attached to the piles to provide support even if scoured from
beneath.
(9) Diagonal bracing between piles, consisting of 2-inch by 8-inch (minimum) members
bolted to the piles, shall be limited in location to below the lowest supporting structural
member and above the stable soil elevation, and aligned in the vertical plane along pile
rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch)
or cable type bracing is permitted in any plane.
(10) Knee braces, which stiffen both the upper portion of a pile and the beam -to -pile
connection, may be used along pile rows perpendicular and parallel to the shoreline.
Knee braces shall be 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or
larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized
steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square
members. Knee braces shall not extend more than 3 feet below the elevation of the base
flood.
E. Column foundation design
(1) Masonry piers or poured -in -place concrete piers shall be internally reinforced to resist
vertical and lateral loads, and be connected with a movement -resisting connection to a
pile cap or pile shaft.
F. Connectors and fasteners
(1) Galvanized metal connectors, wood connectors, or bolts of size and number adequate
for the calculated loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted. All metal connectors
and fasteners used in exposed locations shall be steel, hot -dipped galvanized after fabri-
cation. Connectors in protected interior locations shall be fabricated from galvanized
sheet.
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G. Beam to pile connections
(1) The primary floor beams or girders shall span the supports in the direction parallel to
the flow of potential floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members shall be connected
by reinforcement, if cast in place, or (of precast) shall be securely connected by bolting
and welding. If sills, beams, or girders are attached to wood piling at a notch, a
minimum of two (5/8)-inch galvanized steel bolts or two hot -dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1/2-inch lag bolts per beam
member shall be used. Notching of pile tops shall be the minimum sufficient to provide
ledge support for beam members without unduly weakening pile connections. Piling
shall not be notched so that the cross section is reduced below 50%.
H. Floor and deck connections
(1) Wood 2- by 4-inch (minimum) connectors or metal joist anchors shall be used to tie floor
joists to floor beams/girders. These should be installed on alternate floor joists, at a
minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may
be 1- by 3-inch members, placed 8 feet on -center maximum, or solid bridging of same
depth as joist at same spacing.
(2) Plywood should be used for subflooring and attic flooring to provide good torsional
resistance in the horizontal plane of the structure. The plywood should not be less than
(3/4)-inch total thickness, and should be exterior grade and fastened to beams or joists
with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented
by the application of waterproof industrial adhesive applied to all bearing surfaces.
I. Exterior wall connections
J.
(1) All bottom plates shall have any required breaks under a wall stud or an anchor bolt.
Approved anchors will be used to secure rafters or joists and top and bottom plates to
studs in exterior and bearing walls to form a continuous tie. Continuous 15/32-inch or
thicker plywood sheathing --overlapping the top wall plate and continuing down to the
sill, beam, or girder --may be used to provide the continuous tie. If the sheets of
plywood are not vertically continuous, then 2-by-4 nailer blocking shall be provided at
all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2-inch diameter
or galvanized steel straps not less than 1 inch wide by 1/16-inch-thick may be used to
connect from the top wall plate to the sill, beam, or girder. Washers with a minimum
diameter of 3 inches shall be used at each end of the 1/2-inch round rods. These anchors
shall be installed no more than 2 feet from each corner rod, no more than 4 feet on
center.
Ceiling joist/rafter connections
(1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a
continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at
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their intersections. A metal or wood connector shall be used at alternate ceiling
joist/rafter connections to the wall top plate.
Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2-foot
centers between the rafters at each gable end. Blocking shall be installed a minimum of
8 feet toward the house interior from each gable end.
K. Projecting members
(1) All cantilevers and other projecting members must be adequately supported and braced
to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a
maximum of 2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs and
porches will be permitted if designed or reviewed and certified by a registered
professional engineer or architect.
L. Roof sheathing
(1) Plywood, or other wood material, when used as roof sheathing, shall not be less than
15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All
attaching devices for sheathing and roof coverings shall be galvanized or be of other
suitable corrosion resistant material.
(2) All comers, gable ends, and roof overhangs exceeding six inches shall be reinforced by
the application of waterproof industrial adhesive applied to all bearing surfaces of any
plywood sheet used in the sheathing of such comer, gable end, or roof overhang.
(3)
In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures,
and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys,
and other points of discontinuity in the roofing surface.
M. Protection of openings
(1) All exterior glass panels, windows, and doors shall be designed, detailed, and
constructed to withstand loads due to the design wind speed of 75 mph. Connections
for these elements must be designed to transfer safely the design loads to the supporting
structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet.
N. Breakaway wall design standards
(1) The breakaway wall shall have a design safe loading resistance of not less than 10 and
not more than 20 pounds per square foot, with the criterion that the safety of the overall
structure at the point of wall failure be confirmed using established procedures. Grade
beams shall be installed in both directions for all piles considered to carry the breakaway
wall load. Knee braces are required for front row piles that support breakaway walls.
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(2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be
permitted unless a registered professional engineer or architect has developed or re-
viewed the structural design and specifications for the building foundation and
breakaway wall components, and certifies that (1) the breakaway walls will fail under
water loads less than those that would occur during the base flood; and (2) the elevated
portion of the building and supporting foundation system will not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and non-structural).
Water loading values used shall be those associated with the base flood. Wind loading
values shall be those required by the building code.
§110-19 Non-residential structures (except coastal high hazard areas)
The following standards apply to new and substantially improved commercial, industrial and
other non-residential structures located in areas of special flood hazard, in addition to the
requirements in sub -sections 110-15 (B), SUBDIVISION AND DEVELOPMENT PROPOSALS,
and 110-15 (C), ENCROACHMENTS, and Section 110-16, STANDARDS FOR ALL
STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are
available, new construction and substantial improvements of any non-residential
structure, together with attendant utility and sanitary facilities, shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet
above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the base
flood elevation, including attendant utility and sanitary facilities, with walls substan-
tially impermeable to the passage of water. All structural components located below
the base flood elevation 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:
(3)
(i) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's FIRM
plus two feet (at least three feet if no depth number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in sub -Section 110-19 (1)(ii).
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
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with accepted standards of practice for meeting the provisions of sub -Section 110-19
(1)(ii), including the specific elevation (in relation to mean sea level) to which the
structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters
around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor
(including basement) shall be elevated at least three feet above the highest adjacent
grade.
§110-20 Non-residential structures (coastal high hazard areas and Coastal A zones)
(1) In Zones V1-V30, VE and also Zone V if base flood elevations are available, new
construction and substantial improvements of any non-residential structure, together
with attendant utility and sanitary facilities, shall have the bottom of lowest member of
the lowest floor elevated to or above two feet above the base flood elevation.
Floodproofing of structures is not an allowable alternative to elevating the lowest floor
to two feet above the base flood elevation in Zones V1-V30, VE and V.
§110-21 Critical facilities
In order to prevent potential flood damage to certain facilities that would result in serious
danger to life and health, or widespread social or economic dislocation, no new critical facility
shall be located within any Area of Special Flood Hazard, or within any 500-year flood zone
shown as a B zone or a Shaded X zone on the Community's Flood Insurance Rate Maps.
§110-22 Manufactured homes and recreational vehicles
The following standards in addition to the standards in Section 110-15, GENERAL
STANDARDS, and Section 110-16, STANDARDS FOR ALL STRUCTURES apply, as indicated,
in areas of special flood hazard to manufactured homes and to recreational vehicles which are
located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones A, A1-A30, AE, AH, AO, V1-V30, V,
and VE shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 110-22 (2), (3) and
(4).
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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) Within Zones A1-A30, AE, AH, the bottom of the frame of the manufactured home shall
be elevated to meet the requirements of Section 110-17 (A)(1). Elevation on piers
consisting of dry stacked blocks is prohibited
(3) Within Zone A, the bottom of the frame of the manufactured home shall be elevated to
meet the requirements of Section 110-17 (A)(2). Elevation on piers consisting of dry
stacked blocks is prohibited.
(4) Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to
meet the requirements of Section 110-17 (A)(3). Elevation on piers consisting of dry
stacked blocks is prohibited.
(5) Within V or VE, manufactured homes must meet the requirements of Section 110-18.
(6) The foundation and anchorage of manufactured homes to be located in identified
floodways shall be designed and constructed in accordance with ASCE 24.
§110-23 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.
(1) Within Zones A1-A30, AE, AO, AH, A, accessory structures must meet the standards of
Section 110-16 (A), ANCHORING,
(2) Within Zones A1-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 110-16
(C), UTILITIES.
(5)
Within Zones V1-V30, VE, and V, accessory structures (unless properly elevated to the base
flood elevation plus two feet on piles or columns) must be limited to small, low -value
structures that are disposable. If a community wishes to allow unelevated accessory
buildings, it must define "small" and "low cost."
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(6) Within Zones V1-V30, VE, and V, Unelevated accessory buildings must be unfinished
inside, constructed with flood -resistant materials, and used only for storage.
(7)
Within Zones V1-V30, VE, and V, when an accessory building is placed, the design
professional must determine the effect that debris from the accessory building will have on
nearby buildings. If the accessory building is large enough that its failure could create
damaging debris or divert flood flows, it must be elevated above the base flood elevation
plus two feet.
VARIANCE PROCEDURE
§110-24 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;
29
Page 101 of 124
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(x) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions,
including search and rescue operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(5) Upon consideration of the factors of Section 110-24 (4) 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.
§110-25 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 elevation, providing items
(i-xii) in Section 110-24 (4) have been fully considered. As the lot size increases beyond
the one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and
design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; and
30
Page 102 of 124
(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below the
base flood elevation shall be given written notice over the signature of a community official
that:
(i) the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required in
section 110-14 (H) of this chapter.
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.
November 10, 2022
31
Page 103 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Designation of Delegate and Alternate to Association of Towns Annual
Business Meeting
Date: November 9, 2022
Attached please find a memo from Town Clerk, A11i May regarding the designation of a delegate and
alternate to the Association of Towns Annual Business meeting. We are requesting to following action
by the Board:
Action Requested:
Resolved that the Town Board hereby appoints to attend the Association of Towns
Annual Business Meeting with the purpose of voting on Wednesday, February 22, 2023. If
the delegate cannot vote for any reason, the alternate will be
Page 104 of 124
•
Town of Mamaroneck
Town Clerk, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
amay@townofmamaroneckNY.org
Date: November 3, 2022
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
Subject: Designation of Delegate and Alternate to Association of Towns Annual
Business Meeting
General:
The Town must assign a delegate and alternate to attend the Association of Towns Annual Business
Meeting to vote on February 22, 2023.
Page 105 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Building Resilient Infrastructure and Communities Grant Program
Date: November 8, 2022
Attached please find a memo from Town Engineer, Robert Wasp regarding the FEMA "Building
Resilient Infrastructure and Communities" (BRIC) Program grant submittal on November 9th. As we
discussed at the budget meeting on November 8th, this is for a planning grant to study drainage issues
throughout the Town. We are hopeful that not only will we be successful in securing this planning
grant, but that we will also be successful in securing future implementation funds to make the
improvements.
Action Requested:
Resolved that the Town Board fully supports this grant application and the promise it holds
for developing a plan for flood mitigation throughout the Town and authorizes the Town
Administrator to execute the agreement and any related documents necessary to carry out
its implementation.
Attachments:
Memo_BRIC Grant App_11092022
Page 106 of 124
Town of Mamaroneck
Engineering Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: 914/381-7835
FAX: 914/381-8473
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: November 9, 2022
TO: Meredith Robson, Town Administrator
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: New Grant Application — Comprehensive Storm Sewer Evaluation
FEMA Building Resilient Infrastructure and Communities (BRIC) Program
GENERAL:
Opportunity of potential funding for study/evaluation (planning -level) projects to study drainage
issues and possible flood mitigation was identified through FEMA's recently announced,
"Building Resilient Infrastructure and Communities" (BRIC) grant program. The program
provides federal funds for pre -disaster mitigation activities that improve resiliency and reduce
damage to property and municipal infrastructure.
The Engineering Department has worked closely with the Town's grant consultant to develop the
current BRIC program application for comprehensive evaluation of the Town's storm sewer
system. The evaluation would rely on a qualified engineering consultant to review existing
system maps and other resources to identify watersheds collected by the Town's drainage
network. Field reconnaissance to confirm individual drain structure location, size and current
condition would be completed as part of the consultant's scope. Defects identified during
fieldwork activities would be inventoried and reviewed for repair as part of future capital
projects. Further study of fifteen identified "problem areas" with known history of flooding
would be focused on for potential flood mitigation projects in conjunction with other findings.
Final deliverables expected from the project would include:
• Updated storm sewer map records in Town GIS database format
• Inventory of current conditions and defects within Town storm sewers
• Recommendation of improvements to improve flow capacity and mitigate flooding
• Cost estimation for recommended drainage system improvements
Consultant input provided by H2M Architects & Engineers has recommended a budget of
$300,000 to fund the described evaluation scope of work. If awarded, the BRIC grant would
provide 75% of project costs ($225,000); with a required 25% local match ($75,000) from the
Town. Completion of this evaluation would provide the Town with the necessary assessment to
plan beneficial, cost-efficient flood mitigation projects in the future. Opportunities for future
construction implementation funding could be pursued through FEMA and other available
sources such as the Westchester County Flood Mitigation Grant Program.
Please feel free to contact me with any questions.
Page 107 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Robert P. Wasp, Town Engineer
Re:
Date:
Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
November 9, 2022
Attached please find a memo from Robert Wasp regarding the bids recently received for TA-22-11
Myrtle Blvd. Stone Archways Rehabilitation. As you can see, there is a concern that the color of the
new cement materials will not match existing materials and the engineer's recommendation is to reject
the current bid and re -bid the work to include custom ordered materials that will match. We are
requesting the following action by the Board:
Action Requested:
Resolved that the Town Board hereby rejects all bids received for TA-22-11 Myrtle Blvd.
Stone Archways Rehabilitation and authorizes the re -bid of the project to include custom
ordered materials to match existing archway materials.
Page 108 of 124
•
Town of Mamaroneck
Engineering Department, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
rwasp@townofmamaroneckNY.org
Date: November 9, 2022
To: Meredith Robson, Town Administrator
From: Robert P. Wasp, Town Engineer
CC: Tracy YogmanTown Comptroller
Subject: Reject Bid Proposals Received TA-22-11 — Myrtle Blvd Stone Archways
Rehabilitation
General:
Bid procurement was recently completed for the Myrtle Blvd Stone Archways Rehabilitation. The
project involves the masonry concrete repairs, application of waterproofing membrane and restoration
of damaged mortar/stucco finish on the exterior of the structure.
On October 13th, 2022, six (6) bid proposals were received as summarized on the attached bid
tabulation table. The apparent low bidder is "Arista Renovation" at the submitted total price of $58,000
for the base bid scope. Town consultant "AI Engineers" has completed review of the proposal inclusive
of technical experience and references provided for the apparent low bidder. No errors or omissions
have been identified. The attached memorandum from AI Engineers provides additional commentary
on their general review findings.
Concern for the aesthetics of completed restoration was raised by several bidders during the
advertisement period. The stone archways are constructed for cosmetic appearance that is more
reflective of a monument or historic structure. Newly replaced mortar or stucco finish may cure with
a different shade of color than existing surfaces and could appear noticeably different than existing
stonework that remains intact.
Custom batched cement materials are available to be produced to color match existing materials on the
archway structures. Project specifications will need to be updated for the use of custom ordered
materials that would subsequently delay construction of improvements until the return of suitable
weather conditions in spring 2023. Updated bid documents would be advertised for solicitation of new
bid proposals.
Based upon these considerations the Engineering Department recommends that the Town Board should
reject all proposals received in response to advertised Contract #TA-22-11. Capital budget allocation
Page 109 of 124
for the project should be updated for planned 2023 construction timing with additional scope of material
costs included.
Please feel free to contact me with any questions.
Attachments:
Bid Review Memo AI Engineers 11042022
Myrtle Blvd Stone Archway Rehabilitation- Bid Tabulation
Page 110 of 124
Engineers
Dolph Rotfeld Engineering Division
570 Taxter Road, Suite 300
Elmsford, NY 10523
(914) 631-8600 phone
(914) 631-5769 fax
www.drepc.com
www.aiengineers.com
Recommendation to Award Memorandum
TO:
DATE:
RE:
Robert Wasp, PE
November 4, 2022
Myrtle Blvd Stone Archway Rehabilitation
Town of Mamaroneck
Contract: TA-22-11
Dear Mr. Wasp:
On October 13, 2022, six bids were received for the above referenced project. The bidder with
the apparent lowest bid was Arista Renovation Inc. with a Total Base Bid Price of $58,000.
This office has had no previous experience with Arista Renovation Inc., therefore a reference
check was performed to determine the quality of their work. We contacted multiple references
listed by the bidder and we received responses from four in total. All reviews were positive and
noted professionalism, cleanliness, responsiveness and having limited or no changes to the
approved schedule or original bid price. It was noted in the Town of Hempstead Reference check
that Arista Renovation completed a historical style restoration for the Town with suitable results.
We have met with Arista Renovations, Inc. on site to review the project scope and expected
deliverables. All crack and structural repairs, and prep work is expected to take between 2-3
weeks and can be completed during the 2022 construction season.
Prior to the finished coat being installed, the new concrete repairs will require adequate drying
time. The finish coat requires daytime temperatures around 50 degrees, which given the time of
year may delay the installation of the finish coat until spring 2023.
Additionally, Arista Renovation Ins., has suggested two alternative finish products as an
alternative to the "Rubbed Finish" outlined in Item #1 of the bid document, which would be at
the sole discretion of the Town to consider after reviewing samples of each. The two suggestions
are a stucco style skim coat finish or a concrete patch repair with a specialized concrete paint
topping finish.
Improving Life. By Design.
Page 111 of 124
AI
Engineers
Dolph Rotfeld Engineering Division
After reviewing the references, company research and conducting a site meeting, we feel Arista
Renovation, Inc. is capable of all proposed work and recommend awarding Contract TA-22-11 to
Arista Renovation Inc.
Please advise us of your decision and when you will be scheduling a meeting with the contractor
regarding contract signing, insurance policies and a tentative work schedule.
Very truly yours,
Anthony Oliveri, P.E.
Vice President
Improving Life. By Design.
Page 112 of 124
Sky Rise Inc
49 Ashley Drive
Valley Stream, NY 11580
(9718) 705-4705
October 13, 2022
EST. AMOUNT
co-
***Base bid submited $108,000,
but bid sheets show item #3 to
be 108,000. Item #3 and total
price unclear.
F W
Z U
acc2-
co-
NAC Industries, Inc.
112 Hurley Road
Oxford, CT 06478
(914) 630-4166
(914) 447-3551
N
N
O
N
N
O
U
0
EST.
AMOUNT
kri
UNIT PRICE
Paladino Concrete Creations
Corp.
315 N. Macquesten Pkwy
Mount Vernon, NY 10550
(914) 699-0907
October 13, 2022
EST.
AMOUNT
UNIT
PRICE
Prince Contracting &
Development Inc.
3039 Wilson Avenue B1
Bronx, NY 10469
(212) 786-2922 (718)
844-6701
October 13, 2022
EST.
AMOUNT
$54,720.00
go
UNIT
PRICE
$54,720.00
Chase Building Renovation, Inc.
2079 Wantagh Avenue, STE #4
Wantagh, NY 11793
(516) 366-9992
October 13, 2022
EST. AMOUNT
UNIT
PRICE
$18,000.00
Arista Renovation Inc.
36 Acme Avenue
Bethpage, NY 11716
(718) 975-0316
N
i
Xi
a
0
EST. AMOUNT
»
.
y
w
UNIT PRICE
BIDDERS NAME:
ADDRESS:
CITY, STATE ZIP:
PHONE:
FAX:I
f
a
O
}
H
H
Z
a
7
a
Total
1-
z
7
J
DESCRIPTION
Miscellaneous Additional Work
Class "S Concrete Repair and Finish
Repair and Repoint Masonry
Cleaning and Protective Seal
ITEM NO.
2
—
0
co
Page 113 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: William Maker Jr., Town Attorney
Allison May, Town Clerk
Re: Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town
of Mamaroneck Law
Date: November 4, 2022
Attached please find a memo from Bill Maker regarding the "Amendment to the Appellate Procedure
of Chapter 99 of the Code of the Town of Mamaroneck Law". We are requesting the following action
by the Board:
Action Requested:
Resolved that the Town Board hereby sets a public hearing for an "Amendment to the
Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law" for the
Town Board Meeting on December 7, 2022.
Page 114 of 124
•
Town of Mamaroneck
Town Attorney, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
INTERDEPARTMENT MEMORANDUM
TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: November 4, 2022
To: Members of the Town Board
From: William Maker Jr., Town Attorney
CC: Meredith S. RobsonTown Administrator
CC: Allison MayTown Clerk
Subject: Amendment to the Appellate Procedure of Chapter 99 of the Code of the
Town of Mamaroneck Law
General:
I revised the last draft of the proposed local law to include the Board members' comment from the
November 2nd meeting. I attach redlined and clean versions.
If the Town Board considers this proposed law worthy of public discussion, it may set a public hearing
and after the hearing is closed, decide whether to enact it.
Attachments:
2022-11-04-Oct 21 Amendment to LL re appeals REDLINED
2022-11-04-Oct 21 Amendment to LL re appeals REVISED
Page 115 of 124
Local Law No. - 2022
This local law shall be known as the "Amendment to the appellate procedure 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:
The current law on filmmaking in the unincorporated area of the Town allows an disgruntled
applicant to appeal a decision made by the Town Administrator to "a Committee, consisting of
the Town Supervisor and one Town Board member designated by the Town Board" (see
Town Code § 99-10). Since the designated Town Board member may not always be
readily available, the Town Board considers it appropriate to allow the Supervisor to
designate the second Committee member on a case -by -case basis. This law does that.
Section 2 - Repeal and Replacement of a current section of the Mamaroneck Code:
Section 99-10 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 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 Each
appeal shall be heard by a Committee, consisting of the Town Supervisor and one Town
Board member designated by the Supervisor for that appeal. 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.
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.
Page 116 of 124
OctoNovember 2404 2022
Page 117 of 124
Local Law No. - 2022
This local law shall be known as the "Amendment to the appellate procedure 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:
The current law on filmmaking in the unincorporated area of the Town allows an applicant to
appeal a decision made by the Town Administrator to "a Committee, consisting of the Town
Supervisor and one Town Board member designated by the Town Board" (see Town Code
§ 99-10). Since the designated Town Board member may not always be readily available,
the Town Board considers it appropriate to allow the Supervisor to designate the second
Committee member on a case -by -case basis. This law does that.
Section 2 - Repeal and Replacement of a current section of the Mamaroneck Code:
Section 99-10 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 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. Each appeal shall be
heard by a Committee, consisting of the Town Supervisor and one Town Board member
designated by the Supervisor for that appeal. 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.
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.
November 04, 2022
Page 118 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Connie Green O'Donnell, Deputy Town Administrator
Re: Salary Authorization - Administrative Aide
Date: November 10, 2022
Attached please find a memo from Connie Green O'Donnell regarding the salary authorization for an
Administrative Aide. We are questing the following action by the Board:
Action Requested:
Resolved that the Town Board approve the provisional appointment of Marc Romero as
Administrative Aide at an annual salary of $62,000, effective November 21, 2022.
Page 119 of 124
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: November 7, 2022
To: Meredith Robson, Town Administrator
From: Connie Green O'Donnell, Deputy Town Administrator
Subject: Salary Authorization - Administrative Aide
General:
Authorization is requested to appoint Marc Romero as an Administrative Aide in the Administration
office at an annual salary of $62,000, effective November 21, 2022. There is sufficient funding in the
2022 budget for this position.
As a result of recent personnel changes in the Administration and Comptroller offices, this created an
open position in Administration. The former Office Assistant position will be replaced by an
Administrative Aide. For your review, attached is the draft employment agreement.
After conducting an extensive search and interviewing candidates, Mr. Romero was selected, based on
his interest in local government administration and having recently graduated from Binghamton
University with a Master's in Public Administration and holds a Local Government Management
certificate. He received his Bachelor of Arts Degree in Political Science, Spanish and Literature from
there as well.
It is anticipated that Mr. Romero will have a positive impact on the operations in the Administration
office. His references were contacted, and they all had favorable comments.
ACTION REQUESTED: That the Town Board approve the provisional appointment of Marc Romero
as Administrative Aide at an annual salary of $62,000, effective November 21, 2022.
Attachments:
Marc Romero Draft Employment Agreement
Page 120 of 124
November 1, 2022
Marc J. Romero
xxxxxxxxxxxx
xxxxxxxxxxxxx
RE: Employment Agreement - Administrative Aide
r,
Dear Mr. Romero:
The Town Board has approved your appointment to serve as Administrative Aide in
the Administration office, effective November 21, 2022.
Since you will be classified as a provisional employee in that title, you will be required
to take a Civil Service exam. In order to be appointed to the Administrative Aide
position, you will need to obtain a score equal to or higher than the third highest
ranking eligible willing to accept the position on the Civil Service list. If appointed, you
will be required to serve a fifty-two (52) week probationary period.
As the Administrative Aide you will be afforded the compensation and benefits
stipulated below:
▪ Salary: Your annual salary will be $62,000, paid bi-weekly.
Health Insurance: You will be eligible to participate in the New York State
Health Insurance Program (NYSHIP), the first of the month following your hire
date. If you elect the coverage, you will be required to contribute fifteen
percent (15%) of the premium.
• Health Insurance "Buy-out": If you decide not to elect the NYSHIP coverage,
you will be entitled to the "buy-out", provided you are not covered by the
NYSHIP for a period of twelve (12) consecutive months. The "buy-out" amount is
$4,000 if you would have elected individual coverage or $5,000 if you would
have elected family coverage. The payment, which is subject to applicable
taxes, is issued after the twelve (12) month period of non -participation. If you
initially elect the "buy-out" option you may change to the NYSHIP at any time,
however, there may be a waiting period of up to three (3) months.
Page 121 of 124
> New York State & Local Retirement System: As a full-time employee you will be
required to participate in the retirement system and contribute a percentage of
your annual salary in accordance with the plan provisions.
> Dental Plan & Optical Plan: You will be eligible to participate in the MetLife
Dental Plan and the CSEA Employee Benefit Fund Optical Plan effective the first
of the month following your hire date at no cost to you.
> Life Insurance and Accidental Death & Dismemberment Insurance: You will be
covered by a $10,000 life insurance policy an 0,000 accidental death and
dismemberment policy on the first of the m llowing your hire date at no
cost to you.
➢ 457 b Deferred Com • ei • n P1
New York State Deferred Compe
a pre-tax basis subject to annual
uwillbe
Plan, which p
contribution limits.
> Vacation Days: For the remainder of
vacation day. In subse + ears, yo q
with the schedule in the ; ' ce Emp
Scheduling of such is sub l taar • prov
41.
➢ Sick Days: Yo
January 1 0
An additi
four -month
carried over
can
health club
s ($275) eac
> Worke
insuranc
If you are n
defined by th
exceed nine (9)
eceive o,sick
;.; y' ,.4, Y
earned'
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o • calen
ent
Fq
ave no
e balance of unused sick days is
ear and there is no limit as to the number
le to participate in the
s salary deferrals on
be entitle 'tb �one (1)
entitlement wit be accordance
es Association (CSEA) agreement.
the Town Administrator.
onth worked in 2022. On
edited with twelve (12) days.
en sick time in a consecutive
be eligible to receive reimbursement
ip expenses up to two hundred and seventy-five
, provided proper documentation is submitted.
n: You will be entitled to Workers' Compensation
e applicable requirements of the laws of New York State.
sent from work because of a job -related injury as
ou shall be granted leave with full pay for a period not to
onths exclusive of accumulated sick leave and vacation leave.
➢ Personal Time: You will be entitled to personal leave, for appointments and
personal business that cannot be otherwise completed outside the normal work
hours. Requests for personal leave are subject to the approval of the Town
Administrator.
> Holiday Pay: You will receive the paid holidays listed on the Town's 2022
Holiday Schedule, which includes a floating holiday.
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The offer for you to serve as the Administrative Aide is made with the understanding that
there is no personal conflict of interest pertaining to you that will adversely affect your
ability to perform the duties of this position. You agree that you shall not conduct any
private work that would conflict with your duties at the Town of Mamaroneck.
We look forward to having you join the staff and hope you find it to be a truly rewarding
and challenging experience.
Sincerely,
Meredith S. Robson
Town Administrator
Please indicate your acceptance of this Employment Agreement by signing where indicated
below.
Marc J. Romero
Date
cc: Connie Green O'Donnell, Deputy Town Administrator
Lindsey Luft, Assistant to the Town Administrator
Page 123 of 124
fll,lhr:]E 7 Ir;r,
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Authorization - Updated December Meeting Date
Date: November 9, 2022
As discussed at the budget meeting on November 8th, the law requires that the annual budget be adopted
no later than December 20th, which required that the second December Town Board meeting date be
moved since it is currently scheduled for December 21st. Based on the statute on budget deadline, I am
recommending that the 2nd meeting in December be moved to December 19, 2022.
Action Requested:
Resolved that the Town Board hereby moves the second December Town Board meeting
date to Monday, December 19, 2022.
Page 124 of 124