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HomeMy WebLinkAbout2022_12_07 Town Board Meeting Packet Town of Mamaroneck Town Board Agenda Wednesday, December 7, 2022 Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room D located on the Ground Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Extension to the Agreement for PACE Land Use Law Center 4 - 8 Extension to the Agreement for PACE Land Use Law Center 2. Discussion - Sidewalk Construction IMA Waverly Avenue Bridge Replacement 9 - 19 Sidewalk Construction IMA Waverly Avenue Bridge Replacement 3. Discussion - Renewal of Agreement Southeast Consortium 20 - 27 Renewal of Agreement Southeast Consortium 4. Discussion - Income Level Increase for Senior Citizens and Persons with 28 - 30 Disabilities Exemptions Income Level Increase for Senior Citizens and Persons with Disabilities Exemptions 5. Discussion - New York State Volunteer Firefighter Cancer Program 31 - 33 New York State Volunteer Firefighter Cancer Program Discussion - Lot B Reconstruction - Request for Compensation for Lack of 6. 34 - 35 Access Lot B Reconstruction - Request for Compensation for Lack of Access 7. Request for Executive Session 8. Additions to Regular Meeting Agenda 8:00 PM Town Board Regular Meeting The Town Board meeting will convene in the Courtroom Located on the second floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Call to Order Supervisor's Report Public Hearing(s) Preliminary 2023 Town Budget and Town of Mamaroneck Fire District #1 1. 36 Budget Page 1 of 130 Preliminary 2023 Town Budget and Town of Mamaroneck Fire District #1 Budget 2. Amendment to the Appellate Procedure of the Chapter 99 of the Code of the 37 - 43 Town of Mamaroneck Law Amendment to the Appellate Procedure of the Chapter 99 of the Code of the Town of Mamaroneck Law 3. Elimination of Two Parking Spaces on a Section of Forest Avenue Law 44 - 48 Elimination of Two Parking Spaces on a Section of Forest Avenue Law 4. Sewer Rent Rate for 2023 49 - 53 Proposed Sewer Rent Rate 2023 5. Flood Damage Prevention Law 54 - 88 Flood Damage Prevention Law Resident Comments Staff Comments/ Presentations Board of Fire Commissioners 1. Call to Order 2. Fire Claims 89 - 91 Fire Claims 3. Other Fire Department Business 4. Authorization - New York State Volunteer Firefighter Cancer Program 92 - 94 New York State Volunteer Firefighter Cancer Program Affairs of the Town of Mamaroneck 1. Authorization - Extension to the Agreement for PACE Land Use Law Center 95 - 99 Extension to the Agreement for PACE Land Use Law Center Authorization - Sidewalk Construction IMA Waverly Avenue Bridge 2. 100 - 110 Replacement Sidewalk Construction IMA Waverly Avenue Bridge Replacement 3. Authorization - Renewal of Agreement Southeast Consortium 111 - 118 Renewal of Agreement Southeast Consortium Reports of Minutes 1. Report of Minutes of Town Board Meeting of November 16, 2022 119 - 130 Report of Minutes of Town Board Meeting of November 16, 2022 Reports of the Council Town Clerk's Report Town Attorney's Report Adjournment Next Regularly Scheduled Meeting - December 19, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 130 Page 3 of 130 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: Extension to the Agreement for PACE Land Use Law Center Date: November 29, 2022 Attached please find the enclosed amended agreement between the Town of Mamaroneck and Pace University regarding Comprehensive Plan services and the original agreement that was approved on October 6, 2021 at the Board meeting. The amendment allows for an extension of time from December 30, 2022 to May 30, 2023 to complete all services. Action Requested: Resolved that the Town Board hereby approves the extension to the agreement with Pace University forComprehensive Planservices andhereby authorizes theTown Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Extension Amendment PACE Agreement for COMP PLAN_11.2021 Page 4 of 130 Amendment to Agreement for Services between the Town of Mamaroneck and Pace University This Amendment (“Amendment”) effective December 30, 2022 (the “Effective Date”), modifies the Agreement for Services (“Agreement”) between Pace University for its Elisabeth Haub School of Law’s Land Use Law Center (PACE) (“Contractor”) and the Town of Mamaroneck. Capitalized terms used and not otherwise defined in this Amendment shall have the meanings ascribed to such terms in the Agreement. In the event of any conflict between this Amendment and the Fee for Service Agreement, this Amendment shall govern. Whereas, the Parties agree that Contractor will continue to support the completion of the scope of work. Now, therefore, pursuant to the terms and conditions of the Agreement and this Amendment, the Parties agrees as follows: 1. Article 1 in the Agreement shall be revised and extended under this Amendment and is hereby amended such that “December 30, 2022” is deleted and replaced with “May 30, 2023.” 2. No other changes: Notwithstanding anything stated in this Amendment to the contrary, all terms and conditions in the Agreement shall remain unchanged unless specifically amended by this Amendment or subsequent amendments. 3. Counterparts: This Amendment may be executed in two or more counterparts, and by different parties hereto on separate counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. In witness whereof, the parties have caused this Amendment to be executed as a document under seal as of the Effective Date. Pace University Town of Mamaroneck By: By: Name: Name: Title: Title: Date: Date: Page 5 of 130 Page 6 of 130 Page 7 of 130 Page 8 of 130 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: Sidewalk Construction IMA Waverly Avenue Bridge Replacement Date: November 30, 2022 Attached please find a memo from Town Engineer, Robert Wasp regarding the "Sidewalk Construction IMA Waverley Avenue Bridge Replacement". We have requested a finalized copy of the local law and expect to receive it by December 6, 2022, but the language itself will not change. Action Requested: Resolved that the Town Board hereby approves the intermunicipal agreement with the Village of Mamaroneck for the Waverley Avenue Bridge replacement services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 9 of 130 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 30, 2022 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Sidewalk Construction IMA Waverly Avenue Bridge Replacement General: Development of final design drawings and specifications for the Waverly Avenue Bridge Replacement project is near completion. The projected timeline for advertisement of bid documents remains on schedule for late winter 2023 to allow for subsequent construction start on or around April 1st. Reconstruction work will include installation of new pedestrian sidewalks on both sides of the bridge deck. New sidewalk will connect with existing Village of Mamaroneck maintained sidewalks on both Plaza and Waverly Avenue. Sidewalk extensions that are located outside of the bridge footprint on the adjoining right-of-ways will be maintained by the Village upon completion of the bridge replacement project. Please refer to the attached exhibit drawing that illustrates the limits of project work within the adjoining Village roadways. The attached intermunicipal agreement (IMA) was prepared by staff in consultation with both the Town and Village attorneys to memorialize our respective responsibilities during and following the completion of construction. The NYSDOT has required that documentation of filing for the executed agreement must be provided prior to their issuance of authorization to advertise bid documents for the project. The Engineering Department requests the Town Board consider authorization for approval of the subject IMA so that the bridge replacement can proceed on schedule. Please feel free to contact me with any questions. Attachment/s: 876219_IMA Exhibits A and B 876219_Town and Village IMA_6-23-22 (no exhibits) Page 10 of 130 Page 11 of 130 Page 12 of 130 Page 13 of 130 Page 14 of 130 Page 15 of 130 Page 16 of 130 Page 17 of 130 Page 18 of 130 Page 19 of 130 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: Renewal of Agreement Southeast Consortium Date: December 2, 2022 Attached is the proposed renewal agreement between the Town and the Southeast Consortium. The Consortium is a group of eleven communities in Westchester that have joined together to provide special recreation programs and opportunities for residents with intellectual and/or developmental disabilities. The Town of Mamaroneck was one of the original founding members of the Consortium in 1981. Since then they have provided specialized programming for eligible residents of the Town that would otherwise be difficult for the Town government to provide through its traditional recreation programming. The Town's contribution to the Consortium is $25,415. This amount has remained constant for the last six years. Action Requested: Resolved that the Town Board hereby approve the 2022 agreement with the Southeast Consortium and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Southeast Consortium 12.2.22 Page 20 of 130 Page 21 of 130 Page 22 of 130 Page 23 of 130 Page 24 of 130 Page 25 of 130 Page 26 of 130 Page 27 of 130 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: Pamela Valenza, Town Assessor Re: Income Level Increase for Senior Citizens and Persons with Disabilities Exemptions Date: November 30, 2022 Attached please find a memo from Town Assessor, Pamela Valenza regarding "Income Level Increase for Senior Citizens and Persons with Disabilities Exemptions". Should the Board wish to take action, Town Attorney William Maker Jr. will prepare a local law for your consideration. Action Requested: No formal action required at this time. Page 28 of 130 Town of Mamaroneck Assessor, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 PValenza@townofmamaroneckNY.org Date: November 28, 2022 To: Meredith Robson, Town Administrator From: Pamela Valenza, Town Assessor Subject: Income Level Increase for Senior Citizens and Persons with Disabilities Exemptions General: Periodically legislation is passed by New York State which authorizes local governments to increase the income level criteria for senior citizens and persons with disabilities who qualify for partial exemptions. In August of this year those income levels were increased by the State and have already been adopted by Westchester County. The last adjustment made to this income structure was in 2009 and the Town Board is now being asked to consider the following income level adjustments for adoption and implementation on the 2023 assessment roll for taxes extended in 2024. Current Levels for Seniors and Persons with Disabilities Percentageof AssessedValue Exemptfrom Income* Taxes $0 - $29,000.00 50% $29,000.01 to $29,999.99 45% $30,000.00 to $30,999.99 40% $31,000.00 to $31,999.99 35% $32,000.00 to $32,899.99 30% $32,900.00 to $33,799.99 25% $33,800.00 to $34,699.99 20% $34,700.00 to $35,599.99 15% $35,600.00 to $36,499.99 10% $36,500.00 to $37,399.99 5% Page 29 of 130 Proposed Levels for Seniors and Persons with Disabilities Percentageof AssessedValue Exemptfrom Income* Taxes $0 to $50,000.00 50% $50,000.01 to $50,999.99 45% $51,000.00 to $51,999.99 40% $52,000.00 to $52,999.99 35% $53,000.00 to $53,899.99 30% $53,900.00 to $54,799.99 25% $54,800.00 to $55,699.99 20% $55,700.00 to $56,599.99 15% $56,600.00 to $57,499.99 10% $57,500.00 to $58,399.99 5% * income criteria as set forth by NYS RPTL 467,459-C & Town of Mamaroneck Page 30 of 130 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: New York State Volunteer Firefighter Cancer Program Date: December 2, 2022 Attached please find a memo from Deputy Town Administrator, Connie Green O'Donnell regarding the "New York State Volunteer Firefighter Cancer Program". Should the Board wish to elect the enhanced benefit, we will notify the carrier. Action Requested: Resolved that the Town Board hereby authorizes the benefit enhancement for eligible volunteer firefighters to include all cancers. Page 31 of 130 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: December 1, 2022 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: New York State Volunteer Firefighter Cancer Program General: Effective January 1, 2019, New York State passed legislation requiring all fire districts, departments, and companies to provide and maintain an enhanced cancer disability benefit insurance coverage for each eligible volunteer firefighter. The Town has had this coverage in place for volunteer firefighters who have served at least 5 years as an interior firefighter, passed 5 annual mask fit tests, and passed a physical exam with no evidence of cancer upon their becoming a TMFD volunteer. It is mandatory that the following types of cancers becovered, prostate, breast, lymphatic, hematological, digestive, urinary, neurological, reproductive systems, and melanoma. The Town has been offered the opportunity to purchase a policy covering all cancers since January 1, 2019, however, it was decided not to elect. For your information, enclosed is the Schedule of Benefits that is applicable to both policies. If the Town Board were to decide to cover all cancers effective January 1, 2023, the annual increase in the premium, when compared to the statutory policy, which limits the cancers to those noted above, would be $2,499. Since the annual premium is based on claim experience, it would be difficult to predict future policy rate adjustments. Attachment/s: Cancer Policy Schedule of Benefits Page 32 of 130 Page 33 of 130 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: Lot B Reconstruction - Request for Compensation for Lack of Access Date: December 2, 2022 Attached please find a memo from Town Clerk, Allison May, regarding the request for compensation to permitted users of Lot B due to the ongoing repairs to the parking deck. The work was initially expected to take four weeks, but it is now a possibility that it may not be completed until the end of the year. The Town has provided alternate parking options during this period, however, it has taken much longer then expected to complete the work. Alli has provided an idea of what compensation may be considered, but at this point, I don't have a firm recommendation. This is an unusual situation that I think warrants further discussion. We can add the appropriate action to the regular agenda if you determine action is warranted. Action Requested: To be determined. Page 34 of 130 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: December 2, 2022 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Lot B Reconstruction - Request for Compensation for Lack of Access General: The Town Clerk has had many complaints from Lot B parkers regarding their inconvenience during Lot B's reconstruction. Many parkers have requested some sort of compensation for their not having access to Lot B for over 7 weeks. Originally, the reconstruction of the Upper-Level was to take 4 weeks, but it took over 7 weeks. The Upper-Level still requires one more day for restriping. This is estimated to take place on 12/12/22. The Lower-Level work began the week commencing November 28, 2022. We are still awaiting an update on the Lower-Level work as the contractor had some difficulty getting their lift to Lot B. Because of the delay with the lift, it is possible that the timeline may be extended. Please consider offering compensation, for example one month free deducted off of the price of $1000/year, for the inconvenience to our Lot B parkers. The cost would be $84 per parker for 114 parkers, with a maximum estimated total cost of $9,576. Page 35 of 130 PUBLIC HEARING TOWN OF MAMARONECK, NEW YORK PRELIMINARY 2023TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board and the Board of Fire Commissioners will hold a public hearing Wednesday, December7,2022, at 8:00 PM, to consider the Towns Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2023 and ending December 31, 2023. The2023 Preliminary Budgetcan be viewed on the Townswebsite, https://www.townofmamaroneckny.orgbeginning November 23,2022. PLEASETAKEFURTHERNOTICE,thattheproposedsalariesofthemembersoftheTown Boardareasfollows:Supervisor,$41,013TownBoard(4)$6,562eachandthe proposed salary for the Town Clerk is $106,725 and the Town Justices (2) $22,967 each. Youmayalsoviewthemeetingonlocalmunicipalaccesstelevision(Cablevision75,76,77or Verizon 34, 35, 36) or on LMC Medias website,https://lmcmedia.org/. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published November 30, 2022 Page 36 of 130 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7,2022, at 8:00 PM or as soon thereafter as is possible, to consider the Amendment to the appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck law.,at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: ThecurrentlawonfilmmakingintheunincorporatedareaoftheTownallowsanapplicantto appealadecisionmadebytheTownAdministratortoaCommittee,consistingoftheTown SupervisorandoneTownBoardmemberdesignatedbytheTownBoard(seeTownCode SincethedesignatedTownBoardmembermaynotalwaysbereadilyavailable,the TownBoardconsidersitappropriatetoallowtheSupervisortodesignatethesecond Committee member on a case-by-case basis. This law does that. Youmayalsoviewthemeetingonlocalmunicipalaccesstelevision(Cablevision75,76, 77 or Verizon 34, 35, 36) or on LMC Medias website, https://lmcmedia.org/. The full text of this document can be viewed on the Towns website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerks Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Page 37 of 130 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: Amendment to the Appellate Procedure of the Chapter 99 of the Code of the Town of Mamaroneck Law Date: November 30, 2022 Attached is all of the information previously provided regarding the local law entitled "Amendment to the Appellate Procedure of the Chapter 99 of the Code of the Town of Mamaroneck Law". Should the Town Board wish to adopt such a law, the following action is requested: Action Requested: Resolved that the Town Board hereby adopts the local law entitled "Amendment to to the Appellate Procedure of the Chapter 99 of the Code of the Town of Mamaroneck Law". Attachment/s: 2022-12-07 PH Fliming law chapter 99 Admendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law Page 38 of 130 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 39 of 130 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: 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. Attachment/s: 2022-11-04-Oct 21 Amendment to LL re appeals REDLINED 2022-11-04-Oct 21 Amendment to LL re appeals REVISED Page 40 of 130 LocalLawNo.2022 ThislocallawshallbeknownastheȠ ³«´ª³«´ºtotheappellateprocedureofChapter99ofthe CodeoftheTownof,§³§¸µ´«©±ȡlaw. BEITENACTEDbytheTownBoardoftheTownofMamaroneck Section1ɋPurpose: ThecurrentlawonfilmmakingintheunincorporatedareaoftheTownallowsandisgruntled applicanttoappealadecisionmadebytheTownAdministratortoȠ§Committee,consistingof theTownSupervisorandoneTownBoardmemberdesignatedbytheTown!µ§¸ªȡ(¹«« TownCode§9910).SincethedesignatedTownBoardmembermaynotalwaysbe readilyavailable,theTownBoardconsidersitappropriatetoallowtheSupervisorto designatethesecondCommitteememberonacasebycasebasis.Thislawdoesthat. Section2ɋRepealandReplacementofacurrentsectionoftheMamaroneckCode: Section9910oftheCodeoftheTownofMamaroneckherebyisrepealedandthefollowing substitutedinitsplace: §9910 Appeals. Anypersonaggrievedbythedenialofanapplicationforalicenseorbytheconditions imposedwithsuchlicensemayappealthe ª³¯´¯¹º¸§ºµ¸ȟ¹decision.toaCommitteeEach appealshallbeheardbyaCommittee,consistingoftheTownSupervisorandoneTown BoardmemberdesignatedbytheSupervisorforthatappeal.TheCommitteeshallreview suchappealandmayreverse,modifyoraffirmtheactionoftheTownAdministratorif theCommitteefindsthattheactionoftheTownAdministratorwasarbitrary,capricious ornotsupportedbysubstantialevidence. Section3ɋSeverability: ShouldanyprovisionofthisLocalLawbedeclaredinvalidorunconstitutionalbyanycourtof competentjurisdiction,suchdeclarationofunconstitutionalityorinvalidityshallnotaffectany otherprovisionsofthisLocalLaw,whichmaybeimplementedwithouttheinvalidor unconstitutionalprovisions. Section4ɋEffectiveDate: ThisLocalLawshallbecomeeffectiveuponfilingwiththeSecretaryofState. Page 41 of 130 OctoNovember2104,2022 Page 42 of 130 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 aCommittee, 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 43 of 130 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7,2022, at 8:00 PM or as soon thereafter as is possible, to consider the Elimination of two parking spaces on a section of Forest Avenue Law,at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Forsafetyreasons,theTownBoardhasdeterminedthattwoparkingspacesonForest Avenue at its intersection with Rockingstone Avenue should be eliminated. Youmayalsoviewthemeetingonlocalmunicipalaccesstelevision(Cablevision75,76, 77 or Verizon 34, 35, 36) or on LMC Medias website, https://lmcmedia.org/. The full text of this document can be viewed on the Towns website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerks Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Page 44 of 130 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: Elimination of Two Parking Spaces on a Section of Forest Avenue Law Date: November 29, 2022 Attached is all of the information previously provided regarding the local law entitled "Elimination of Two Parking Spaces on Section of Forest Avenue Law". Should the Town Board wish to adopt such a law, the following action is requested: Action Requested: Resolved that the Town Board hereby adopts the local law entitled " Elimination of Two Parking Spaces on Section of Forest Avenue Law". Attachment/s: Notice for Forest Avenue Elimination of Two Parking Spaces on a Section of Forest Avenue Law Page 45 of 130 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 46 of 130 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. Attachment/s: 2022-11-11-LL-elim pkg on Forest Page 47 of 130 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 48 of 130 LEGALNOTICEISHEREBYGIVENthatpursuanttoSection130oftheTownLawoftheStateof NewYork,aPublicHearingwillbeheldonDecember7,2022,at8:00PMorassoonthereafter asispossible,tosettheratepergallonorpercubicfootofwaterconsumptiontobeusedin determiningthesewerrentfor2023,attheTownCenter,740W.BostonPostRoad, Mamaroneck, New York. Youmayalsoviewthemeetingonlocalmunicipalaccesstelevision(Cablevision75,76,77or Verizon 34, 35, 36) or on LMC Medias website, https://lmcmedia.org/. Thefull text of this documentcan be viewed on the Townswebsite, https://www.townofmamaroneckny.org/calendar.aspx,or by calling the Town Clerks Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Page 49 of 130 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 2023 Date: November 23, 2022 Attached is all of the information previously provided regarding the Sewer Rent Rate for 2023 should the Town Board wish to adopt the Sewer Rent Rate for 2023, the following action is requested: Action Requested: Resolved that the Town Board hereby set the Sewer Rent Rate for the year 2023 at $.0020/per gallon. Attachment/s: 2022-12-07 PH Sewer Rent Law_202211210947461873 Proposed Sewer Rent Rate for 2023 Page 50 of 130 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 51 of 130 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: November 9, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Proposed Sewer Rent Rate for 2023 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 52 of 130 Deduction for properties not connected to the sanitary sewer system 12,700,000 gallons Subtotal 419,633,333 gallons Allowance for 90% of actual average water consumption 41,963,333 gallons Adjusted water sales for rate calculation 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 53 of 130 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, December 7,2022, at 8:00 PM or as soon thereafter as is possible, to consider the Flood Damage Prevention,at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately 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. Youmayalsoviewthemeetingonlocalmunicipalaccesstelevision(Cablevision75,76, 77 or Verizon 34, 35, 36) or on LMC Medias website, https://lmcmedia.org/. The full text of this document can be viewed on the Towns website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerks Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Page 54 of 130 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 Re: Flood Damage Prevention Law Date: November 30, 2022 Attached is all of the information previously provided regarding the local law entitled "Flood Damage Prevention Law". Should the Town Board wish to adopt such law, the following action is requested: Action Requested: Resolved that the Town Board hereby adopts the local law entitled "Flood Damage Prevention Law". Attachment/s: Flood Damage Prevention Law Notice Flood Damage Prevention Law_11.10.22 Page 55 of 130 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 56 of 130 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 Attachment/s: 2022-11-10-LL-revised Page 57 of 130 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 Warning 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 58 of 130 §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: (l) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; 2 Page 59 of 130 (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 l00-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 60 of 130 "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 ½ 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 Vl-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 61 of 130 "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: (l) 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. 5 Page 62 of 130 "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 ½ 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. 6 Page 63 of 130 "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 l929, 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 5l 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. 7 Page 64 of 130 "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". 8 Page 65 of 130 "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. 9 Page 66 of 130 §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. 10 Page 67 of 130 §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. 11 Page 68 of 130 (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: 12 Page 69 of 130 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. 13 Page 70 of 130 C. Alteration of watercourses (l) 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 14 Page 71 of 130 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 (l) 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; 15 Page 72 of 130 (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. 16 Page 73 of 130 (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: 17 Page 74 of 130 (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 (l) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. 18 Page 75 of 130 (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; 19 Page 76 of 130 (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, 20 Page 77 of 130 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 21 Page 78 of 130 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 22 Page 79 of 130 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. 23 Page 80 of 130 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 (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. J. 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 24 Page 81 of 130 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 corners, 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 corner, 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. 25 Page 82 of 130 (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: (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). (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance 26 Page 83 of 130 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). 27 Page 84 of 130 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.” 28 Page 85 of 130 (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 (l) 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 86 of 130 (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 (l) 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 l, 4, 5, and 6 of this Section are met; and 30 Page 87 of 130 (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 $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in section 110-14 (H) of this chapter. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. November 10, 2022 31 Page 88 of 130 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fire Claims Date: November 29, 2022 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 89 of 130 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: November 29, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: Fire Claims December 7 2022 Page 90 of 130 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re:Fire Claims Date:December 7, 2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDORDESCRIPTIONAmount Amazon.ComComputer supplies- Keystone jacks, CAT 7 etcÈ129.66$ Amazon.ComOffice Supplies157.90 ydrotest, eye shields, repair GMI gas meter and parts1,388.00 AAA Emergency Supply Co., IncH ges and supplies1,824.99 Bound Tree Medical, LLCPulse oximeter, banda paration of 2021 annual year end filing for bonds2,500.00 Capital Market Advisors, LLCPre GraingerTruck and trailer wash35.86 (24) XL long sleeve shirts for members501.18 Inkitup (35) Custom fire blankets for service awards1,400.00 KT Textiles ystem and fire extinguishers inspections284.00 OSP Fire ProtectionFire s OptimumCable Services 11/23-12/22/22247.84 gency repair hot water heater 7,890.44 Precision Plumbing & HeatingEmer ghts and battery for lifeboat655.38 Alex RappPurchase of nav li paper fee 10/19-11/18/22182.96 Ready RefreshWater Cooler rental & g supplies - 11/4,11/11,11/18/22443.52 UniFirst CorpCleanin g Drills 10/31-11/16/22621.96 Villa Maria PizzaRefreshments- Trainin Westchester Cty Vol Firemans Association2022 Annual Dues20.00 Total$ 18,283.69 Page 91 of 130 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: New York State Volunteer Firefighter Cancer Program Date: December 2, 2022 Attached please find a memo from Deputy Town Administrator, Connie Green O'Donnell regarding the "New York State Volunteer Firefighter Cancer Program". Should the Board wish to elect the enhanced benefit, we will notify the carrier. Action Requested: Resolved that the Town Board hereby authorizes the benefit enhancement for eligible volunteer firefighters to include all cancers. Page 92 of 130 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: December 1, 2022 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: New York State Volunteer Firefighter Cancer Program General: Effective January 1, 2019, New York State passed legislation requiring all fire districts, departments, and companies to provide and maintain an enhanced cancer disability benefit insurance coverage for each eligible volunteer firefighter. The Town has had this coverage in place for volunteer firefighters who have served at least 5 years as an interior firefighter, passed 5 annual mask fit tests, and passed a physical exam with no evidence of cancer upon their becoming a TMFD volunteer. It is mandatory that the following types of cancers becovered, prostate, breast, lymphatic, hematological, digestive, urinary, neurological, reproductive systems, and melanoma. The Town has been offered the opportunity to purchase a policy covering all cancers since January 1, 2019, however, it was decided not to elect. For your information, enclosed is the Schedule of Benefits that is applicable to both policies. If the Town Board were to decide to cover all cancers effective January 1, 2023, the annual increase in the premium, when compared to the statutory policy, which limits the cancers to those noted above, would be $2,499. Since the annual premium is based on claim experience, it would be difficult to predict future policy rate adjustments. Attachment/s: Cancer Policy Schedule of Benefits Page 93 of 130 Page 94 of 130 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: Extension to the Agreement for PACE Land Use Law Center Date: November 29, 2022 Attached please find the enclosed amended agreement between the Town of Mamaroneck and Pace University regarding Comprehensive Plan services and the original agreement that was approved on October 6, 2021 at the Board meeting. The amendment allows for an extension of time from December 30, 2022 to May 30, 2023 to complete all services. Action Requested: Resolved that the Town Board hereby approves the extension to the agreement with Pace University forComprehensive Planservices andhereby authorizes theTown Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Extension Amendment PACE Agreement for COMP PLAN_11.2021 Page 95 of 130 Amendment to Agreement for Services between the Town of Mamaroneck and Pace University This Amendment (“Amendment”) effective December 30, 2022 (the “Effective Date”), modifies the Agreement for Services (“Agreement”) between Pace University for its Elisabeth Haub School of Law’s Land Use Law Center (PACE) (“Contractor”) and the Town of Mamaroneck. Capitalized terms used and not otherwise defined in this Amendment shall have the meanings ascribed to such terms in the Agreement. In the event of any conflict between this Amendment and the Fee for Service Agreement, this Amendment shall govern. Whereas, the Parties agree that Contractor will continue to support the completion of the scope of work. Now, therefore, pursuant to the terms and conditions of the Agreement and this Amendment, the Parties agrees as follows: 1. Article 1 in the Agreement shall be revised and extended under this Amendment and is hereby amended such that “December 30, 2022” is deleted and replaced with “May 30, 2023.” 2. No other changes: Notwithstanding anything stated in this Amendment to the contrary, all terms and conditions in the Agreement shall remain unchanged unless specifically amended by this Amendment or subsequent amendments. 3. Counterparts: This Amendment may be executed in two or more counterparts, and by different parties hereto on separate counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. In witness whereof, the parties have caused this Amendment to be executed as a document under seal as of the Effective Date. Pace University Town of Mamaroneck By: By: Name: Name: Title: Title: Date: Date: Page 96 of 130 Page 97 of 130 Page 98 of 130 Page 99 of 130 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: Sidewalk Construction IMA Waverly Avenue Bridge Replacement Date: November 30, 2022 Attached please find a memo from Town Engineer, Robert Wasp regarding the "Sidewalk Construction IMA Waverley Avenue Bridge Replacement". We have requested a finalized copy of the local law and expect to receive it by December 6, 2022, but the language itself will not change. Action Requested: Resolved that the Town Board hereby approves the intermunicipal agreement with the Village of Mamaroneck for the Waverley Avenue Bridge replacement services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 100 of 130 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 30, 2022 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Sidewalk Construction IMA Waverly Avenue Bridge Replacement General: Development of final design drawings and specifications for the Waverly Avenue Bridge Replacement project is near completion. The projected timeline for advertisement of bid documents remains on schedule for late winter 2023 to allow for subsequent construction start on or around April 1st. Reconstruction work will include installation of new pedestrian sidewalks on both sides of the bridge deck. New sidewalk will connect with existing Village of Mamaroneck maintained sidewalks on both Plaza and Waverly Avenue. Sidewalk extensions that are located outside of the bridge footprint on the adjoining right-of-ways will be maintained by the Village upon completion of the bridge replacement project. Please refer to the attached exhibit drawing that illustrates the limits of project work within the adjoining Village roadways. The attached intermunicipal agreement (IMA) was prepared by staff in consultation with both the Town and Village attorneys to memorialize our respective responsibilities during and following the completion of construction. The NYSDOT has required that documentation of filing for the executed agreement must be provided prior to their issuance of authorization to advertise bid documents for the project. The Engineering Department requests the Town Board consider authorization for approval of the subject IMA so that the bridge replacement can proceed on schedule. Please feel free to contact me with any questions. Attachment/s: 876219_IMA Exhibits A and B 876219_Town and Village IMA_6-23-22 (no exhibits) Page 101 of 130 Page 102 of 130 Page 103 of 130 Page 104 of 130 Page 105 of 130 Page 106 of 130 Page 107 of 130 Page 108 of 130 Page 109 of 130 Page 110 of 130 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: Renewal of Agreement Southeast Consortium Date: December 2, 2022 Attached is the proposed renewal agreement between the Town and the Southeast Consortium. The Consortium is a group of eleven communities in Westchester that have joined together to provide special recreation programs and opportunities for residents with intellectual and/or developmental disabilities. The Town of Mamaroneck was one of the original founding members of the Consortium in 1981. Since then they have provided specialized programming for eligible residents of the Town that would otherwise be difficult for the Town government to provide through its traditional recreation programming. The Town's contribution to the Consortium is $25,415. This amount has remained constant for the last six years. Action Requested: Resolved that the Town Board hereby approve the 2022 agreement with the Southeast Consortium and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Southeast Consortium 12.2.22 Page 111 of 130 Page 112 of 130 Page 113 of 130 Page 114 of 130 Page 115 of 130 Page 116 of 130 Page 117 of 130 Page 118 of 130 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: Report of Minutes of Town Board Meeting of November 16, 2022 Date: December 2, 2022 Action Requested: RESOLVED that the Town Board hereby approves the minutes of the Town Board from November 16, 2022. Page 119 of 130 Town of Mamaroneck 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: December 1, 2022 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes of Town Board Meeting of November 16, 2022 General: The minutes from the November 16, 2022, meeting are ready for approval by the Town Boad. Attachment/s: 2022-11-16 Working Minutes Page 120 of 130 Town of Mamaroneck Town Board Minutes Wednesday, November 16, 2022, Courtroom, Second Floor of Town Center 5:00 PM PRESENT:Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT:Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER WORK SESSION ITEMS 1.Discussion - Proposed Town Board Meeting Dates and Locations for 2023. The Town Supervisor proposed the following meeting dates for discussion and requested no further action tonight by the Town Board: January 11th – Organizational Meeting - 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 (The Town Board noted this should be changed as it is the first night of Passover.) 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 Page 121 of 130 Town Board November 16, 2022 December 6th - C and Court Room December 20th - C and Court Room 2.Discussion - 2023 Preliminary Budget The Town Administrator introduced the Preliminary Town Budget for 2023, and the Town Comptroller reviewed the changes made, including appropriating more fund balance, increasing sales tax revenues by $50,000, and increasing building permit revenues also by $50,000. The Town Board discussed the changes, including the tax rate decreasing in the unincorporated area to 4.54% in the Preliminary Budget (from 5.59% in the Tentative Budget) and the tax levy increase moving to 2.99% in the Preliminary Budget (down from 3.71% in the Tentative Budget). 3.Discussion - Proposed Sewer Rent Rate for 2023 The Town Comptroller presented highlights of the proposed sewer rent rate for 2023, noting the average annual rate will be $251, a $63 increase year on year. The Comptroller explained that sewer rent revenue has been short for several years, because water usage has been lower, so they have included a buffer of $100,000 in the 2023 proposed budget. The Comptroller also pointed out that utilities, and other salaries and benefits, have increased as well. 4.Discussion - 2022 Capital Budget Amendments The Town Comptroller presented the following 2022 capital budget amendments: 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. A budget amendment to transfer funds from the Senior Center Parking Lot project is recommended. 2. Richbell Playground Improvements (Project 2021.88) A price quote for the Municipal Richbell 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 Senior Center Parking Lot project is recommended. 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 is not budgeted. A budget amendment is recommended to increase donation revenue and fund the police equipment budget line for the purchase. The Board agreed to approve the above capital budget amendments in the meeting later tonight. 5.Discussion - Elimination of Two Parking Spaces on a Section of Forest Avenue Law Attorney Maker proposed a local law that, if approved, would eliminate two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue. The Town Board deemed the proposed law ready for public discussion and agreed to set a public hearing at the meeting later in the evening. 6.Discussion - Flood Damage Prevention Law The Town Attorney explained that 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 Page 122 of 130 Town Board November 16, 2022 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 Flood Prevention Law. This updated local law replaces Local Law No. 4 of 2022. The Building Inspector has reviewed the updated version of the State’s model law and finds it acceptable. The Town Board agreed to set a public hearing for the revised local law later in the evening. 7.Discussion - Designation of Delegate and Alternate to Association of Towns Annual Business Meeting The Town Supervisor explained the request to designate a delegate and alternate to the Association of Towns Annual meeting in February 2023. The Board agreed to remove this item from the agenda, as no one on the Board plans to attend the annual meeting on the day of the vote. 8.Discussion - Building Resilient Infrastructure and Communities Grant Program The Town Supervisor introduced the planning grant. The Town Board agreed to support the grant application and the promise it holds for developing a holistic plan for flood mitigation throughout the Town. 9. Discussion - Reject Bid Proposals Received TA-22-11 – Myrtle Blvd Stone Archways Rehabilitation The Town Board discussed at their meeting on November 2nd, the concern that the color of the new cement materials included in the current bid proposals for TA-22-11 will not match existing materials. Town Engineer Wasp's recommendation is to reject the current bids and re-bid the work to include materials that will match. The Town Board agreed to reject all bids received for TA-22-11 and re-bid of the project to include custom ordered materials to match the existing archway materials. 10.Updates The Town Supervisor presented a brief update on the Comprehensive Plan framework and REALM. Request for Executive Session 1.Entering Executive Session Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Town Board entered into Executive Session to discuss the employment history of a particular individual. Moved by Councilman King, seconded by Councilwoman Nichinsky, the Board unanimously agreed to resume the Regular Meeting. 8:00 PM Town Board Regular Meeting The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Call to Order The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8 PM. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o’clock this evening. Supervisor's Report Welcome to the November 16, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room D starting at 5:00pm, which is open to the Public. Page 123 of 130 Town Board November 16, 2022 Budget: The Town Board continues to work on the budget. We will have a presentation on the Preliminary Budget tonight, as well as a presentation on the Preliminary Budget for Fire District No. 1. We are also working on the budget for the Larchmont-Mamaroneck Joint Sanitation Commission. Elections: I want to congratulate the newly elected/re-elected officials from our sister communities. In the VOM, I want to congratulate Lou Young on his re-election as Trustee and Leilani Yizar-Reid and Manny Rawlings on being elected Trustee. In the VOL, I want to congratulate newly elected Mayor, Sara Bauer and newly elected Trustee, Charles Manice. We look forward to working with all of you and wish you much luck going forward. I also want to congratulate Senator Charles Schumer, Congressman Jamaal Bowman, State Senator Shelley Mayer and State Assemblyman Steve Otis on their re-election. We feel extremely fortunate to have such outstanding representation on the Federal and State levels. Comprehensive Plan Update: As many residents know, the Town of Mamaroneck is updating its Comprehensive Plan. The Comprehensive Plan describes a vision for the long- term future of our Town and helps guide future decision making. Over the last several months, the Town, together with input from residents, through public workshops and events, helped identify community needs and actions for the future of the Town of Mamaroneck. Come join the Comprehensive Plan Committee in an interactive workshop that showcases the proposed goals, policies, and actions of the Comprehensive Plan. Five stations, each representing a theme of the Comprehensive Plan, will be open for comments and input. The Town will host two sessions, on Wednesday, November 30th and asks for your attendance at one of these places/times. • 12:30 – 2:00 pm Weaver Street Firehouse • 7:00 – 8:30 pm Town Center Court Room This is an important moment for our community, and we encourage you to be part of it. Staff from Pace University's Land Use Law Center will be on hand to facilitate the dialogue. EVENTS: Veteran’s Day: Meredith and I attended a Veteran’s Day commemoration at MHS and then Sabrina and I attended Veteran’s Day commemorations in the VOM and the VOL. I think it is so important to take the time to honor the men and women of the military, past and present, who made an immense sacrifice, and who put their lives on the line to defend and protect our nation. And they continue to serve and participate, here in this community to this day. WMOA: Robin, Sabrina and I attended a Westchester Municipal Officials Association Dinner in Pleasantville on November 11. The Speaker was Congressman Jamaal Bowman. Even though he has been our congressman for the past two years, as a result of the recent decennial redistricting, he is new to many of the municipalities in his district. As a result, many of his remarks were introductory, but it was good to learn about our congressman’s background. And we thank him for his representation. MHS Sports: Two of our Varsity Sports’ Teams’ Seasons came to an end this past weekend after an incredible season. Volleyball: The girls volleyball team achieved the level of Class AA sectional champions and lost in the regional finals (the game before state final four) to Corning Painted Post 3-1. This was the most successful volleyball team in school history. In the regular season they were 19-1 and finished the year 22-2. I want to congratulate Head Coach Stacey Riter, Assistant coaches: Leslie Morales (MHS Alum), Kirsten Yizar, and Anthony Perone (MHS Alum) and all of the players and their families on a fabulous season. Football: The Boys Varsity Football Team lost in the Section 1 Class AA finals to Carmel (defending state champions with 25 consecutive wins) with a score of 31-28. They were winning until the last minute of the game when Carmel scored a heartbreaking touchdown. They, too, made MHS history. They were undefeated in the regular season at 7-0 (first time since 1978) and then they won the Sectional Quarter and Sectional Semi-finals—the most successful season in MHS history. I want to Congratulate Head Coach Anthony Vitti, Assistant Coaches: David Smith (MHS Alum), Peter O’Byrne (MHS Alum), Kevin Martins, Steve Boyer, Nick Zawerucha, James Berg, and Francesco Scioscia and all of the players and their families on a fabulous season! Wait ‘til next year…… Page 124 of 130 Town Board November 16, 2022 And, this weekend, MHS student athlete Eli Sundin is competing in the NYSPHSAA State Championships in diving in Rochester. We wish her luck. Thanksgiving: I want to wish everyone a Happy Thanksgiving filled with family, friends and too much food! Resident Comments Supervisor Elkind Eney noted that there were no residents in the audience, and since there were also no Staff Presentations, proceeded to Board of Fire Commissioners. Board of Fire Commissioners 1.Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman and seconded by Commissioner Katz the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2.Fire Claims Commissioner King presented the list of Fire Claims, highlighting the largest cost items. See Attachment A. Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims. Carried 3.Acceptance of Donation to the Town of Mamaroneck Fire Department Moved by Commissioner Katz, seconded by Commissioner King, it was 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 not already included in the budget. Carried 4.Set Public Hearing - Fire District No. 1 Preliminary Budget 2023 Moved by Commissioner Nichinsky, seconded by Commissioner Katz, it was 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. Carried 5.Other Fire Department Business Commissioner Elkind Eney read the Fire Claims Report for the Month of October. See Attachment B. There being no further business to come before the Fire Commission on motion of Page 125 of 130 Town Board November 16, 2022 Commissioner King, Seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. Affairs of the Town of Mamaroneck 1.Presentation and Set Public Hearing - 2023 Preliminary Town Budget Town Administrator Robson introduced the Preliminary Budget, highlighting the tax levy savings that have been included since the Tentative Budget. Town Comptroller Yogman presented the Preliminary Budget (see Attachment C), noting that it would soon be available on the Town website. The Board thanked the Town Comptroller for her outstanding work preparing the 2023 Preliminary Town Budget. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was 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. Carried 2.Presentation and Set Public Hearing - Proposed Sewer Rent Rate for 2023 Town Administrator Robson explained that Sewer Rent is a fee charged to those property owners utilizing the Town’s Sanitary Sewer System, noting that property owners are billeding for only 90% of the water actually consumed to account for water that does not enter the sewer system (for example, irrigation). Town Comptroller Yogman then presented highlights of the proposed sewer rent rate for 2023, noting how the rate is calculated as well as the increase of $.0002 per gallon over 2022. See presentation, Attachment D. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board does hereby set a public hearing for the proposed sewer rent rate for 2023 at the Town Board meeting on Wednesday, December 7th. Carried 3.Authorization - 2022 Capital Budget Amendments Town Comptroller Yogman normally does quarterly Capital Budget Amendments, but two new items necessitated additional amendments. See Attachment E. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Carried Noting that the Town Board wanted to accept the donation of $12,500 from Ray Catena Lexus to the Town of Mamaroneck Fire Department, the Town Board decided to move into Board of Fire Commissioners for a second time. Reconvening as Board of Fire Commissioners Call to Order 1. Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz and seconded by Commissioner Fiddelman the Board of Fire Commissioners was unanimously declared re-opened. Page 126 of 130 Town Board November 16, 2022 Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Authorization - 2022 Capital Budget Amendment 2. The Town Comptroller explained that as the donation of $12,500 had been accepted by the Board of Fire Commissioners from Ray Catena Lexus, the following Budget Amendment is necessary to allow the spending of the donation: FIRE DEPT (Fund SF) RevenueDonationsSF.0000.2705Increase12,500.00 Expense Fire EquipmentSF.3410.2135Increase12,500.00 Moved by Commissioner FiddelmanNichinsky, seconded by Commissioner Katz, it was RESOLVED that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission on motion of Commissioner Elkind EneyFiddelman, Seconded by Commissioner FiddelmanKatz, the Commission unanimously adjourned, and the Town Board reconvened once again. Affairs of the Town (Continued) 4.Set a Public Hearing - Elimination of Two Parking Spaces on a Section of Forest Avenue Law The Town Attorney explained this local law that, if approved, would eliminate two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue. The change was recommended by the Traffic Committee to increase visibility and safety at the intersection. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was 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. Carried 5.Set Public Hearing - Flood Damage Prevention Law The Town Attorney explained that the Town approved a new Flood Damage Prevention Law on October 3rd. When the new law was sent to the State, the State realized it should have asked the Town to enact a different version of its model Flood Damage Prevention Law. The attached local law replaces Local Law No. 4 of 2022. Moved by Councilwoman Katz, seconded by Councilman King, it was Page 127 of 130 Town Board November 16, 2022 RESOLVED that the Town Board hereby set a public hearing for "Flood Damage Prevention Law" for the Town Board Meeting on December 7, 2022. Carried 6.Authorization - Building Resilient Infrastructure and Communities Grant Program Town Supervisor Elkind Eney Administrator Robson explained that this planning grant will enable the Town to review drainage in and around fifteen intersections in Town. Supervisor Elkind Eney added that we have had more intense rain events recently and this grant will give us a holistic look at how to improve drainage and reduce flooding throughout the Town. Moved by Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board fully supports the grant application for "Building Resilient Infrastructure and Communities Grant Program" 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. Carried 7. Authorization - Reject Bid Proposals Received TA-22-11 – Myrtle Blvd Stone Archways Rehabilitation The Town Supervisor explained the concern that the color of the new cement materials included in the current bid proposals for TA-22-11 will not match existing materials. The Town Board agreed to reject all bids received for TA-22-11 - Myrtle Blvd Stone Archways Rehabilitation in order to re-bid the project to include custom ordered materials to match the existing archway materials. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby rejects all bids 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. Carried 8.Set Public Hearing - Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law Town Attorney Maker explained that at a previous Town Board meeting, the Town Board amended its law regarding commercial filming. Afterwards, the Board discussed creating greater flexibility for composing the Committee of Appeals, to better accommodate homeowners wanting to expedite their appeal to a filming decision. In order to achieve that flexibility, the Town Attorney has amended the proposed appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck Law to allow the Town Supervisor to designate a Town Board member to sit on the Committee on a case-by-case basis. Moved by Councilman King, seconded by Councilwoman Nichinsky, it was 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 128 of 130 Town Board November 16, 2022 Carried 9.Salary Authorization - Administrative Aide Moved by Councilman King, seconded by Councilwoman Nichinsky, it was 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. Carried 10.Authorization - Updated December Meeting Date The Town Supervisor explained that State law requires that the annual budget be adopted no later than December 20th, which requires the second December Town Board meeting date be moved from December 21 forward to December 19th. Moved by Councilwoman Katz, seconded by Councilman King, it was RESOLVED that the Town Board hereby moves the second December Town Board meeting date to Monday, December 19, 2022. Carried Reports of Minutes 1.Minutes of the November 2, 2022, Town Board Meeting Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby approved the minutes of the Town Board Meeting of November 2, 2022. Carried Reports of the Council The Town Councilmembers thanked our Veteran's for their service and wished everyone a happy Thanksgiving. Councilwoman Nichinsky On Monday attended the Housing Authority meeting, where many renovations are under review. Attended a Budget meeting on Tuesday the 8th, so unfortunately missed the Sustainability Collaborative Committee meeting that same night. On the 9th attended the Planning Board meeting, where they were busy reviewing several applications, as well as having a lengthy discussion regarding the new wireless communications law which has returned to the Town Board for further review. On Friday the 10th, attended a meeting of the Westchester Municipal Officers Association (WMOA) with Councilwoman Fiddelman and Supervisor Elkind Eney, to hear Jamal Bowman speak and meet with other municipal officers and colleagues. Councilwoman Fiddelman On the 8th, attended via zoom a Local Summit meeting on Community Responses to Student Mental Health. The next meeting will be held on December 6, at 8am via zoom, and will feature a conversation with Westchester County Executive George Latimer. Please visit www.localsummitlm.org for more information or visit LMC Media to view the meetings. On the 15th, attended the Larchmont Mamaroneck Historical Society's Annual Meeting where they installed a new Board of Officers. Thank you to Peter Fellows for stepping up as President and John Pritts and Gaiyle Boyle for their years of service. Mentioned she was missing the Zoning Board and Library meetings for tonight's Page 129 of 130 Town Board November 16, 2022 Board meeting. Councilwoman Katz As she was out of Town last week, was sorry to have missed the local Veteran's Day events. Thanked the poll workers for helping us have a free and fair election. Thanked the Highway Department for their outstanding leaf pick up this year and reminded everyone to please not put pumpkins or sticks in the leaf piles. Congratulated the Mamaroneck High School Women's Volleyball Team on their successful 2022 season and winning Sectionals. Councilman King Had several announcements for the Recreation Department, please see Town website for further details: o 12/9 - the Senior Center will host their annual Holiday Party. o 12/27 - the Senior Center will host their New Year's Party. o Hommocks Park Ice Rink is adding additional Public Skate times during the Thanksgiving holidays. o In December look for the Come Skate with Santa event and bring a Toy for a Tot. o Hommocks Pool/Town Recreation will host lifeguarding classes in December, which offers an exciting year-round job opportunity. o House League Ice Hockey spots are still available for anyone at any age, wishing to learn ice hockey. Congratulated the Mamaroneck High School Women's Volleyball Team on their success this season and gave a shout out to the Mamaroneck High School Football Team. Councilman King knew members of the 1978 'Dream Team' -- who also made it to the sectional playoffs—including his brother, that were rooting for this year's football team. Adjournment The Town Supervisor closed the meeting in memory of Brian Payne, a Town of Mamaroneck Volunteer Firefighter who we lost this week, way too soon. Supervisor Elkind Eney introduced Town of Mamaroneck Fire Department Chief Shaun Hughes and Brian’s brother Rich Payne (a member of the White Plains Common Council) to offer some remarks about Brian. On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned at 9 PM. Carried Next Regularly Scheduled Meeting - December 7, 2022 ________________________________ Submitted by Allison May, Town Clerk Page 130 of 130