HomeMy WebLinkAbout1987-06-23 - Board of Trustees Meeting Minutes RYE BROOK VILLAGE BOARD
r� Regular Meeting
JUNE 23 , 1987
8: 00 P.M.
I . APPROVAL OF MINUTES - May 26 , 1987 (previously distributed)
June 9 , ty87
II . PUBLIC HEARINGS - LOCAL LAWS
1. Vehicle & Traffic Amendment 7-N-97
2 . Alarm Law Amendment (, - 3 7
3 . Flood Control =N 7-8 7
III . PUBLIC HEARINGS - FINAL SUBDIVISION APPROVAL
1 . Larizza a®,a r
2 . Lundell
i
J IV. PUBLIC HEARING - PRELIMINARY SUBDIVISION APPROVAL
Church of the Advent cry Fv m
(EIS - Consideration cYf°Necrative Declaration)
V. CONSIDERATIONS/DISCUSSIONS
.aim �• �' 1. Brook II Ventures - Acceptance of Completed DEIS
? ✓` �L� 2 . Korean Presbyterian Church - Tax Exemption Request
3 . Rye Ridge Shopping Center - Proposed Addition
4 . Rye Brook Village Offices - Lease Revisions
5 . Land Inventory - Request by Planning Board
Vi . REPORTS
�-7Argyle Road Update
NEXT REGULARLY SCHEDULED MEETINGS - July 14th - Agenda Meeting
July 28th - Regular Meeting
Anyone needing special assistance in order to attend the meeting
should contact the Village Administrator, Chris Russo, at 939-0077 .
000780
j MINUTES OF A REGULAR MEETING OF
THE BOARD OF TRUSTEES OF THE
VILLAGE OF RYE BROOK, HELD ON
THE 23rd DAY OF JUNE, 1987 IN THE
VILLAGE OFFICES, 90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
CONVENE REGULAR MEETING
The Regular Meeting of the Village Board was called to
order by Mayor Kabcenell at 8:05 P.M. and the Pledge of
Allegiance followed.
Present were the following members of the Board:
Mayor Jack Kabcenell
Trustee Milt Meiskin
Trustee Mario Nardi
Trustee Sal Cresenzi
Trustee Frank Filipowski
Also present were:
Christopher J. Russo, Village Administrator
Georgia Kramer, Village Attorney
Mark ten Eicken, Asst. Building Inspector
Herb Adler, Planning Board Chairman
Bernard Klem, Planning Board Member
Eugene Strum, Planning Board Member
Frank Gendelia, Police Chief
Jean A. Marra, Deputy Village Clerk
000781
June 23, 1987
The Rye Brook and Port Chester Police Departments issued
citations commending two police officers for their
achievements, Mayor Kabcenell stated, naming Eugene Matthews .
outstanding and Andrew Matturro forg service in the line of
duty. He added that he was happy that the Police Departments
saw fit to recognize these two distinguished gentlemen.
I. APPROVAL OF MINUTES
The Minutes of May 26, 1987 were presented and on motion by
Trustee Nardi, seconded by Trustee Cresenzi, were
unanimously approved.
The Minutes of June 9, 1987 were presented and on motion by
Trustee Cresenzi, seconded by Trustee Meiskin, were
unanimously approved.
II. PUBLIC
HEARINGS
VEHICLE & TRAFFIC LAW - AMENDMENT
It was reported by Mayor Kabcenell that Attorney Kramer had
sent a copy of the Vehicle and Traffic Law to the Village
Offices by messenger service but it never arrived. He,
therefore, requested that the matter be postponed to the
July 14, 1987 Agenda Meeting.
On motion by Trustee Cresenzi, seconded by Trustee Nardi, it
was unanimously
RESOLVED, that the Public Hearing on the
proposed Local Law regarding the Vehicle
and Traffic Law Amendment be adjourned
to July 14, 1987 at 8:00 P.M.
- 2 -
000782
June 23, 1987
ALARM LAW - AMENDMENT
On motion by Trustee Meiskin, seconded by Trustee Cresenzi,
it was unanimously
RESOLVED, that the Public Hearings be,
and they hereby are, declared open.
The Affidavits of Publication and the Posting of the Notices
of Hearing were presented by the Clerk for the record.
Mayor Kabcenell explained that the Alarm Law was amended to
include fire alarms and that it was basically the same as
the Village's previous Alarm Law but with the amendment, it
would include fire alarms as well.
In answer to a question raised by Trustee Meiskin, the Mayor
stated that a person would register the same way as was
previously done and he suggested that this amendment become
effective as of January 1, 1988 in order for it to coincide
with the Burglar Alarm reregistration.
Trustee Meiskin then inquired how the residents would be
informed of this change and Mayor Kabcenell stated it would
be mentioned in the Newsletter.
Thereafter, on motion by Trustee Meiskin, seconded by
Trustee Cresenzi, the following was adopted by a unanimous
vote of the Board:
WHEREAS, this Village Board has met on
this date, at the time and place so
u
specified in the Notice of Public
Hearing to consider the adoption of
proposed Local Law #6 - 1987 and has
heard all persons desiring to be heard
thereof;
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law #6 - 1987 to amend the
Alarm Law to include Fire Alarms and
orders that said Local Law #6 - 1987, as
so adopted, be herein inserted and made
a part of the minutes of this meeting.
3 -
00078
VILLAGE OF RYE BROOK
LOCAL LAW NO. 6 /87 OF THE YEAR 1987
POLICE AND FIRE ALARM SYSTEMS
1. Purpose
2. Definitions
3 . License Required
4 . Application for Permit
5 . Permit Fees
6. Denial, Suspension or Revocation of Permit
7. Records
8. General Provisions
9. Special Provisions
10 . Penalties
11. Effect
12. Effective Date
1 . Purpose. The purpose of this Local Law is to extend the
coyera e of the Police Alarm Systems Law to include Fire
Alarms . It amends Local Law No. 1 of the year 1986 which
established standards and controls of the various types
of intrusion, holdup, and other emergency signals from
police alarm devices that require police response,
investigation, or safeguarding of property at the:
location of an event reported by a signal which is
transmitted by telephone or radio, or which is otherwise
related to the police department by an alarm device.
2. Definitions . For the purpose of this Local Law, the
following definitions shall apply:
a. Alarm Agent. Any person who is employed in any
business , firm, corporation, or other commercial
entity that is licensed hereunder to conduct the
business of owning, operating, maintaining,
installing, leasing or selling police or fire alarm
devices , whose duties include any of the following:
selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing, in or on
any building, place or premises, any police or fire
alarm device as defined in this Local Law.
b. Alarm Installation. Any police or fire alarm device
or aggregation of police or fire alarm devices
installed on or within a single building or on or
within more than one building or area adjacent to a
building located on a common site, at a specific
location.
C. Business Licenses. Any business, firm, corporation,
or other commercial. entity which is in the business
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000784
of owning, operating, maintaining, installing,
leasing or selling a police or fire alarm device, or
devices , or systems of police or fire alarm devices,
which business, firm, corporation, or other
commercial entity is, as owner, operator, provider
of maintenance service, installer, lessor or seller
of said device, devices , or system of devices,
subject to the license requirements of this Local
Law.
d. Central Alarm System. Any facility operated by a
private firm that owns or leases a system of police
or fire alarm devices which facility is manned by
operators who receive record or validate alarm
signals and relay information about such validated
police fire department when
signals to the p or_ p
appropriate.
e. Dialer Alarm. Any police or fire alarm device which
is a telephone device or telephone attachment, that
automatically or electronically selects a telephone
line connected to a central alarm station or Police
Headquarters or fire department and reproduces a
prerecorded message to report a criminal act or other
emergency requiring police department or fire
department response. No person shall use or cause or
permit to be used any digital dialer or voice dialer
alarm which is designed to connect with Police
Headquarters unless it is to a telephone; number
designated by the Licensing Authority. All voice
dialers connected to Police Headquarters: or fire
departments shall contain data as required by the
Licensing Authority.
f. Direct Alarm. Any police or fire alarm device
connecteddirectly, by leased telephone wires , from a
specific location to Police Headquarters or the fire
department.
g. Emergency Alarm. Any police alarm device or fire
alarm device designed to be actuated by a fire,
criminal act or other emergency at a specific
location or by a victim of a hold-up, robbery, fire,
or other emergency or criminal act at a specific
location.
h. False Emergency Alarm. Any signal actuated by an
emergency alarm to which the police department or
fire department responds, which is not the result of
a hold-up, fire, robbery or other crime or emergency.
i. Intrusion. Any entry into an area or building .
equipped with one or more police alarm devices or
fare alarm devices by any person or object whose
-3B-
000'x$
entry actuates a police alarm device or fire alarm
device.
j . Licensing Authority. The Village Clerk:.
k. Police Alarm Device. Any device when actuated by a
criminal act or other emergency requiring police
department response, transmits a pre-recorded message
or other signal by telephone, radio or other means to
a central alarm station or directly to the police
department or produces an audible or visible alarm
signal designed to notify persons within audible or
visible alarm range of the signal.
1. Fire Alarm Device. Any device when actuated by a
fire, smoke, heat or other emergency requiring fire
department or police department response, transmits
a pre-recorded message or other signal by telephone,
radio or other means to a central alarm station' or
directly to the police department or fire department
or produces an audible or visible alarm signal
designed to notify persons within audible or visible
alarm range of the signal.
m. Police Headquarters and Fire Departments. Police
Headquarters, Fire Departments and other enclosures
housing privately or publicly owned equipment serving
the police department or fire department.
3 . License Required
a. Unlawful to operate, maintain, install,. lease or sell
aop lice or fire alarm device without a license.
It shall be unlawful for any person, business, firm,
corporation, or other commercial entity to operate,
maintain, install, lease or sell a police alarm
device or fire alarm device or devices or system of
police alarm devices or fire alarm devices as defined
by the terms of this Local Law, without first
obtaining a license as hereinafter provided.
b. 1) Alarm agents must be licensed by the! County of
Westchester.
2) The Licensing Authority is hereby authorized to
grant a revocable permit to any owner of property
located within the Village of Rye Brook or the
lessee thereof to operate, maintain, install and
modify a police or fire alarm device.
3 ) All presently existing police alarm devices and
systems of police alarm devices and present
owners and lessees of premises having such
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000786
devices or systems must comply with all
provisions of this Local Law by January 1, 1987 .
4) All presently existing fire alarm devices and
systems of fire alarm devices and present owners
and lessees of premisesNavin such devices or
systems must comply with all provisions of this
Local Law 12y November 1, 1987 .
4. Application_ for Permit. Applications for permits shall
be made as follows:
a. Any property owner or lessee of property in the
Village of Rye Brook having on its premises a police
alarm device or system of police alarm devices or
fire alarm devices or system of fire alarm devices
shall apply to the Licensing Authority on a form to
be supplied by the Licensing Authority, for a permit
to own, or otherwise have such a device on his or
its premises . The application shall contain
provisions relating to the device or system of
devices installed or to be installed on the premises.
Application for permits for police alarm devices
existing in premises on the effective date of this
Local Law must be made to the Licensing Authority
by January 1, 1987 . Applications for permits for
fire alarm devices must be made to the :Licensing
Authority I�y November 1 , 1987 . No such devices may
be installed on the premises of the owner or lessee
after the effective date of this Local Law prior to
the Licensing Authority having issued a permit to
such owner or lessee, and no presently existing
police alarm device shall be modified after: the
effective date of this Local Law prior to the
Licensing Authority having issued a permit to such
owner or lessee. Such permit shall be obtained each
t:imd a device or system is to be installed or
modified, and shall be renewed annually on January
l.st.
5. Permit Fees . Permit fees will be established by the
Board of Trustees.
6 . Denia.. Suspension or Revocation of Permit. A permit
issued under this Local Law may be suspended or revoked
by the Licensing Authority after notice and hearing by
the Licensing Authority for the violation of any of the
provisions of this Local Law or of any regulation or
regulations promulgated by the Licensing Authority
pursuant to this Local Law. No part of a permit fee
shall be refunded when a permit is suspended or revoked.
Any applicant whose application for a permit has been
denied, or any property owner or lessee whose permit has
been suspended or revoked by the Licensing Authority may
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000787
appeal such denial, suspension or revocation in writing
to the Board of Trustees within thirty days after the
date of denial or of the notice of suspension or
revocation and may appear before such Board of Trustees
at a time and place to be determined by the Board of
Trustees , in support of his or its contention that the
permit should not have been denied, suspended or revoked.
7 . Records. Every business, firm, corporation, or other
commercial entity conducting the business of owning,
operating, installing, leasing or selling police alarm
devices or fire alarm devices shall maintain complete and
accurate records of all installations of alarm systems in
the Village of Rye Brook and shall produce such records
for inspection by the Licensing Authority upon demand.
8. General Provisions
a. Limitation. No police alarm device or fire alarm
device shall be connected to or use any telephone
line connected to Police Headquarters or fire
departments except those lines authorized by the
Licensing Authority. The owner and licensee of any
such police alarm device or fire alarm device which
is connected either directly or indirectly, to Police
Headquarters or fire departments by a telephone line
which has not been authorized for use for such
purpose shall be in violation of this Local Law and
be subject to the penalty provisions hereof.
b. Intentional False Alarm. It shall be a violation of
this Local Law to intentionally cause a false alarm,
and any person who does intentionally cause a false
alarm shall be subject to the penalty provisions
hereof.
C. Falbe Alarm and Charges.
1. Any owner or lessee of property having a police
alarm device or system of police alarm devices on
his premises and any use of services or equipment
furnished by a licensee under this Local Law
shall pay to the Village Clerk a charge for each
and every false alarm to which the police
department responds, in each calendar year, as
follows:
First and Second False Alarm Each Year No charge
Third and Fourth False Alarms Each Year. $25 each
For False Alarms Over Four Each Year $50 each
2_ Any owneror lessee of property havi.nn a -ire
alarm device or system of fire alarm device on
his premises and any user of services or
-3E-
®00788
eauipmentfurnished j�y a licensee under this Local
Law shall pay to the Village Clerk a c-barge for
each and every false alarm to whicYi the fire
department responds, in each calendar year,- as
follows:
First and Second False Alarm Each Year No charge
Third and Fourth False Alarms Each Year $50 each
For False Alarms Over Four Each Year $100 each
d. Suspension and Revocation of Alarm User Permits;
False Alarms . More than five ( 5) false alarms in any
twelve month period for any alarm system for which an
alarm user permit has been obtained will constitute
grounds for revocation of the permit, subject to the
following:
1. After the Police Department or Fire Department
has recorded three ( 3 ) false alarms wkiich appear
to the Chief of Police or Fire Department or his
designated agent to be related to the equipment
within a twelve-month period commencing on the
date of the first false alarm from any alarm
system, it shall notify the permit_ holder of the
same by mail, requesting an inspection to be
conducted by the alarm agent to ascertain the
reasons for the false alarms. All inspections
shall be at owner' s expense. Failure or refusal
to permit such inspection shall be grounds for
the revocation of the alarm user permit.
2. The permit holder will be notified in writing of
the results of such inspection. Said report will
include recommendations, if any, to correct any
deficiencies or malfunctions in the: alrm system
in order to facilitate the elimination of false
alarms emanating therefrom.
3 . If the permit holder complies with the
recommendations of the inspection report and
submits a report to the Police Chief which
adequately describes the work accomplished to
eliminate said conditions, the false alarm count
may, by direction of the Police Chief , revert
back to zero ( 0) . The permit holder must have
commenced work within fifteen ( 15) days of the
receipt of the report and have submitted the
report of completion of the necessary :repairs
within thirty ( 30) days from the date of the
initial police :report, unless said period is
extended by the Police Chief or his designated
representative. The Police Chief may request
and require a reinspection to confirm that said
corrective measures have been undertaken and
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000 789
completed before reducing the false: alarm count.
Failure to permit such reinspection shall be
grounds for revocation of the alarm user permit.
4 . If the alarm user submits a report as required by
Subsection d( 3 ) of this section but. the Chief of
Police determines that the report is
unsatisfactory or that the alarm user has failed
to take the required or adequate measures to
correct the alarm system inadequacies, the Police
Chief may not permit the false alarm count to
revert back to zero ( 0 ) .
5 . If the Police Chief does not change the false
alarm count in accordance with the provisions of
this section and, within one ( 1) year from the
date of the first false alarm, no adequate
corrective measures have been undertaken and the
number of false alarms shall exceed five ( 5 ) ,
the Police Chief shall cause the alarm user
permit to be revoked.
e. Installation and Maintenance. The installation and
maintenance of police alarm devices or fire alarm
devices permitted by this Local Law including the
connection to Police Headquarters or fire _department
shall be made at no cost to the Village of Rye Brook
or the Village of Port Chester. The owner or lessee
shall be responsible for the maintenance and service
of his or its police or fire alarm equipment and
shall be responsible: for all malfunctions of his or
its equipment.
f . Change of Location.
1. If the location of Police Headquarters should
-be changed at any time, the Village shall not be
responsible for any expense incurred by the owner
or lessee or business licenses or alarm agent for
moving alarm systems or reconnecting such systems
to the relocated. Police Headquarters or
elsewhere.
2. If the location of the fire department should
be changed at any time, the Village of Rye Brook
and the Village of Port Chester shall not be
responsible for any expense incurred Py the owner
or lessee or business licenses or alarm a e�j t for
moving alarm systems or reconnecting. such systems
to the relocated fire department or elsewhere.
g. Removal of Unlawful Equipment. In addition to any
other remedy, provided by the law, the Licensing
Authority, whenever it shall have knowledge of the
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000790
use of any police alarm device, cabinet, or
attachment, or telephone terminal which is not
operated or maintained in accordance with the
which is contrary
provisions of this Local Law or w Y
to regulations promulgated pursuant to this Local
Law and after notice and hearing, by the Licensing
Authority, may order the removal of the Name from
Police Headquarters and it shall be unlawful to
disobey such order.
h. Rules , Regulations and Enforcement. The Licensing
reasonable rules ,
al promulgate Authority shall ate r p g
regulations, and standards necessary for the
purpose of assuring the quality, effic:ien.cy, and
effectiveness of police alarm devices and alarm
installations owned, operated, maintained, installed,
leased or sold by a licensee under this Local Law.
The Licensing Authority shall administer and enforce
the provisions of the Local Law. The aforesaid
rules, regulations , and standards shall be set forth
in writing and copies shall be available for
applicants ,
9 . Special Provisions.
a. Central Alarm Station Systems . The Chief of Police
is hereby authorized to prescribe the location and
the manner of installation of private or .regular
business telephone lines into Police Headquarters or
fire departments from a central alarm station for the
express purpose of providing direct telephone
communications between a central alarm station and
police headquarters for use in reporting holdup
alarms.
b. Direct Alarm Systems. The Chief of Police is hereby
authorized to prescribe the location and manner of
installation of all cabinets , accessories ,,
connections and equipment of an approved direct alarm
system where the visible and audible signals
therefrom may be readily seen and heard by police or
fire personnel.
c. Audible Alarms . Any audible burglar or fire alarm
Th—at is installed shall be capable of and shall
automatically terminate its operation within ten
minutes of its being activated. An audible alarm
can be heard from the street or a neighboring house.
All alarm systems shall have sufficient. battery
backup to allow for a minimum of four ( 4) hours of
standby and all battery backup shall be a
rechargeable type.
d. Exceptions . None of the provisions of this Local
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i
00079
Law shall apply to a police alarm device or
devices or fixe alarm device or devices installed
in a motor vehicle or trailer, nor to employees of
f a public utility company engaged in the business
of providing communication, services or
facilities .
e. Severability. If any part or parts of this Local
Law are for any reason held to be invalid, such
decision shall not affect the validity of the
remaining portions of this Local Law.
10 . Penalties . Any person, firm or corporation who does
not pay any charge or fee established in connection
with this Local Law, or who violates any provision of
this Local Law shall be subject to a fine not to exceed
Two Hundred Fifty Dollars ( $250) for each. offense. A
separate offense shall be deemed committed upon each
day during which a violation occurs or is committed.
11. Effect. This Local Law amends Local Law No. 1 - 1986.
12. Effective Date. This Local Law shall become effective
i
January 1, 1988.
2/j/a
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000 792
June 23, 1987
(LOCAL LAW #6 - 1987 IS ATTACHED HERETO AS PAGE #3-A)
FLOOD CONTROL - PROPOSED LOCAL LAW
i
Mayor Kabcenell explained
that the potential or actual
damages from flooding and erosion may be a problem to the
residents of the Village of Rye Brook and that the proposed
Local Law for Flood Damage Prevention would minimize those
threats of damage.
When asked by Trustee Meiskin if this only related to flood
damage prevention, Mayor Kabcenell offered that the proposed
law encompassed controlled development procedures, erosion
hazards, stream control, flood barriers, etc.
_ Thereafter, on motion by Trustee Meiskin, seconded by
Trustee Nardi, the following was adopted by a unanimous vote
of the Board:
WHEREAS this Village Board has met on
this date, at the time and place so
specified in the Notice of Public
Hearing to consider the adoption of
proposed Local Law #7 - 1987 and has
heard all persons desiring to be heard
thereof;
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law #7 - 1987, Flood Damage
Prevention, and orders that said Local
Law #7 - 1987, as so adopted, be herein
inserted and made a part of the minutes
of this meeting.
(LOCAL LAW #7 - 1987 IS ATTACHED HERETO AS PAGE #4-A)
4 -
00079
',. (Me Use thi Form for Filin
Text of law should be g your Lova' Lwith „,
w wrhe Sec+'etmy of SU U)
given as amenud. Do not include gutter being
eUrninzred and do not use italics or underlining to indicate new au,tter.
County
City
e! _.»VILLAGE OF RYE BROOK
Village
',. Local Law No._? .__.-_.. of t1a Fear 19 _87 .
i
A Incl law tgu...__.____.__._.F.,L.D..LSA...D,9..M.9._G�Ci�-R.�.Y.�OLIl.C2.N__.a._..___..._.__._.
c►..am.1
as authorized by the.New York State Constitution, Article IX,
Environmental Conservation Law, Article 36. Section 2, and
Be it enacted by the _.__...
_..._.
County
Gry -,;,VILLAGE OF RYE BROOK WESTCHESTER
•...•a...y............._...__-... .. _ �.A1t11..CY.v..N..X. as follows:
(Please see attached)
.If additionA Soace is needed plea h *beets of the same size as this and n ber ea T”
Page t{
000794
Eq,3(el
(FOLL047ING COMPLIES WIT7i NATIONAL FLOOD INSURANCE
PROGRAM FLED PLAIN 11ANAQE7.1ENT CRITERIA FOR FLOOp-PRONF, AREAS
I44 CFR 60,3(e) 1 AS REVISED 10/1/86)
VILLAGE OF RYE BROOK
FjLJOD VE DWAGE PRETTON �,CCAL LAE!
LOCAL LAW N0. - 1987
SFAMON 1.0
STATUTORY AUTHOPIzATION AND PURPOSE
1.1 FlxnIN,S
The -}oard-.nf-TiUstee_ of the
-RyeJirook ___ finds that the Potential
n
jor the ages frau loodi.ng and erosion may be a problem to the/resident,
1jy include:
of R,,,, wok __�-- and tha+.
such ng,4 Jos may Liclude: desire—c't�o-n'4or- .loss of private and pub]:
housing, dan>ag0 to public facilities lx�th
rnmed, and injtuy to and loss of h publically and privately
threat Of such damages and to achiemvetrthefeu In order to minimize the
hereinafter set forth, this local law is adopt�ses and objectives
1•2 STAgTMWr OF PURPOSE
It is the purpose of this lo
safety, and general cal law to promote the public health,
welfare, and to minimize public and private j.ossce
due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and
property inc to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or
vclocities;..�,
(2) require that uses vulnerable to £loads, including facij.i.,
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 invo
in the accommodation of flood waters; lvnl
(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 oro '
hazards to nthwhich may increase fl
other lands od
and
1
(6) qualify and maintain for participation in
Insurance Program. the National F1Ocd
1.3 OAJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the neer] for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(4) to minimi.ze,prOlonged business interruptions; - -
(5) to minimize damage to public. facilities and utilities
as water and gas mains, electric, such
telephone, sewer lines,
streets and bridges located in areas of special flcxd
hazard;
2
16) to help maintain a stable tax base b
sound use and develoeas Y providing for ;}�,,
of speci
so as to minimize hrttretfloodrblight arre sal flood ha-di, (I1
(71
P
an rovide ar
de at developers e notified that propv:•r '1
perc:ial flood hazard; and ,r
fDl to ensure that
hazard assume rthose who occupy the areas of sped,,-,
esponsibility for their actinns.
SEC IMI 2.0
DEFINITICNS
Unless "Pec:ifically defined below, wtirds or phrases used in
law shall be anteto give. so as to give them the meaning they _
application.
'tion. and to give this lor_al law its most reasonable
i application, •
"Appeal 11 means a request fora
interpreview of the Local Adnun.istrarer's
retation of any provision of
variance, this Local Law or a request fol ,.
"Aima of shllow floodin
Carmuni.t s Fl —_—q mans a designated AO or VO Zone on a
Y ocd Insurance Rate Map (FIRM) with ba
frau one to three feet where l se flood depths
where a clearly defined channel does not
h
ere v oPath of flooding iunpredictable s unpredicble and indeterminate, and
citY flow may be evident.
"Area of sPctci al flood hazard_" is the
camrunity subject to a one land in the floodplain wi this,
any given year. Thine Percent or greater chance of flooding ir,
Al-99 V aaea may be designated as Zone A, AF„ AN, AO,
r VD, VE, or V1-30. It is also, commenly referred to as the,
base floodplain or 100-year fldddplain.
"Base flood" means the flood having a one percent chance of. Mina
equalled oz exceeded in any given year.
"Basanent° mat's that portion of a building havina its floor sg!x•rad„
(below ground level) on all sides.
"Breakali�, sans a wa].1 that: is not part of the sr_,-uctura]
suppox� 91: the building and is intended through its design
construction to collasand
p e under specific
causing _ Portion
lateral
damage to the elevated loading forces wi ri:rv-
supporting foundation Portion of the building �r the
system.
em.
"BUildin� mean's an, structure built for support, shelter, or
enclosure for occlmpancv or storage,
"Cellar" - has the same meaning as definition of "Baser.ent".
°Coastal high hazard area" means the area subject to h'
water— s
— inud
cling, b�i�t high velcx i.tv
i.s desir linu.ted to, hurricane wav
on e wash. Th,! ai
lnated a FIRM as zone_ V1 - 30, VE, VO or V.
"Developnent" means an
esti t—`— Y roan-made change to improved or unimproved r.e,r:
including but not limited to buildings or other structures,
mining, dredging, filling, having, excavation or drilling operations
located within the area o .
f special flood hazard.
"Elevated buil dirr�"'means a non-basement building built to haver the,
lowest flcx,r elevated above the ground level by means of fill.,
foundation perimeter walls, pilings, coltumis (Posts and piersl , nr
shear walls.
"Flood" or "Flooding" means a general and tennrprra ry condition of
partial or complete inundation of normally dry Land areas from:
11 The overflow of inland or tidal waters; or
3
��y .
1�(y96
(2) Phe unusual and rapid accumulation or ntnoff of surft (-,
000 tl
waters from an), source.
"Flax] Hazard Lk�iutdary Map (FIII3M1 " mans an cffi.cial Map o` n
ccxmmrni ty, issua3 b-"---- .
the boundaries ed y the Federal. pmrgency hlanagenx:n`
but no the areas of special flood hazard have be=er.
water surface elevation is provided,
"Flood Insurance Rate fda (FIRM)° means an official rnap of
carmumity, on which the Federal
delineated both the ificrgency Management Agency' is
zones a areas of special flood hazard and the risk prru .;r'
applicable to the community.
"Flood Insurance Study" is the E']nergency Mana��Pec official report provided by the
well as the F1 g' Y. The report contains float prof.i].es -
elevations of � baserdfll000d. wav Map and the water surface.
"Flood Prc01111C means viy combination of structural and
non-structural additions, chang
reduce or eles, or adjustments to strictures
iminate flood damage to real estate or improved regi
CP'
water and sanitary facilities, structures and -
contents, th
err
"Flood ay" _ has the same meaning as "Regulatory Floodway"
"Floor" means the top surface of an enclosed area in a building
or top of wood top
basement), i.e., top of slab in concrete slab const-unio
ramn
flooring in wood frame construction.
"Functionall de ride t use"
intended means a use which cannot perform its
Purpose unless it is located or carried out in close
the loadi to water, such as a docking or port facility necessary Por
PrOxIm
repair
and unloading of cargo or passengers, shipbuilding,-'111P pair. The term does not include Ion ane
manufacture, sales, or service facilities, g-terni storage,
"Highest adjacent grade
ground surface—`—'-- means the highest natural elevation of the
structure. ' Prror to construction, next to the proposed wails Of
"Lrn•;est Floor" means lowest level including basement or cellar of
lmest enclosed area. An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access, or storage it-
an
n
an area other than a basement is not considered a bu.ildinq's lrw.txst:
floor; provided, that such enclosure is not built so as to
stricture in violation of the a
r' i pPlicabl-
adu resents of this Local Law, e mon-elevation design
"Manufactured urge'" means a structure, transportable in one
sectrons, whIc is built on a permanent chassis and designed t:o he
usrd with or without a or
re uired 1V- 111knent foundation when connecter; to t-hl•
'rl uti.l.iti.cs. The tr'rnt also Inc].udes park trailers, traecl
trailers, and similar transportable stntctures placed on'a site
.180 Consecutive days or larger and intended es be
o m.
"Mean Sea Lcvnl" improved property,
Progrartu, etheth N means, for purposes of the National Flood
ational Geodetic Vertical Datura NGVD Insurance
dattun, to which base flood elevations shown on(a VD) of
1929 orrotle-
Insurance Fite Map are referenced, y- 1 xr.
"Mobile hoe" - has the same meaning as "Manufactured home".
"tlational rgrdetic Vertical Uattun (pX,VD) " as corrected 4 ;a,,_q
vertical control use- a- a reference for establ ish trig van•Jrg
elevations within the flood plain.
_Ncw construction" means structures for which the "start w'
C cern!ence_d on or after the effective date of
,,a4/,
4
000797
nci rll Above Ground"
actual cas 11Ae excluding land means tvalue, i.s,above groundt of the
"lA0-year Floe" - "an the sane wearing as "Base Flood."
"Regulator_ Flcodwav" means the channel of a river or other
watercourse and the adjacent land areas
that musbe reserved
to discharge the base flood without crmiu ativelytincreasin in
surface elevation more than a designated height as determined lav
Federal Emergency Management Agency .in a Float Insurance Study.
"Sand dunes" means naturally occurring
or accumulations of sand in ridror
;rounds landward of the beach.
start Of Construction" means the initiation, e_ecludinq pl anni.nq :ar
design, of. any phase of a
ProPe�rt}�, and shall Include a Project,rphysical alteration of rhe
grading, and filling; installation o treet, such as clearing, -
excavation for. a basement, frxbtin s anc/or. walkways;
erection of t 9 � Piers, or foundations or the
temporary forms• It also includes the placement and/or
installation on the Property of accesso
storage trailers,. and building materials buildings
uf<actured hnmeshs`'°rh;
"actual start" means aff.u:ing of the; Manu home to its
Permanent site.
"Structure" means a walled and roofed building, a manufactured honxt,
or a gas or liquid storage tank, that is principally above qed 110
imp"Substantial improvement" :roans any repair, reconstruction, or
rovement of a structure, the cost of which equals or exceeds 5G
percent of the markeC %wlue of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of
considered tthis definition "substantial improvement^ is
flcxlr or other structuraiment, when the first alteration of any wall, ceiling,
ral part of the building commences, whother or
not that alteration affects the external dimensions of the structure,
The term does not, however, include either: -
(1) any project for i1rprovement of a structure to amply wi Ui
existing state or local building, fire, health, sanitary, o.
safety code specifications which are solely necessary to
assure safe living conditions; or
(7) any alteration of a structure or contributing structure
listed on the National Register of Histori
State Inventory of Historic Places. c Paces or n
"Variance" means a grant of relief from the requirements of this lora]
las whirs Permits construction or use in a maruier that would his local
be prohibited by this local law.
i
t
t
,
{
5
00079
SECTION 3.o
GENERAL PROVISIONS
3.1 LANDS '10 tn"al 'IVIS LOU", LAW APPLIES
111.is local law shall apply to all areas of special ileccy
hazards within the jurisdiction of
_the VILLhGG OF RYE BROOK
3.2 RASIS FOR F-STABLIS11IN(I ME
AREAS OF SPix_r
AL FI.C:X)U HAZARI
The areas of special flexed hazard identified b
Ennrgency Management Agency,.X x3lx xs vv.> yat•, the Fedcrar v
. xxK�r*xxois2eLeeficX%'hmx8'ata'T9t9ecA79 �X'�J�e�t- XXXX..
� F7ttl�p§•x'fiHFx hF:1;tY°x x x r
xxxxxxxxxxxxxxxxxiwfxxxxxxxxx____XXxxxxxxx>xmxxxxxxxxxxxxa
�-iRYYx7c'xlf �tk 'xxxla:txY7xxxxxxxxxxxxxxxxxxx x
rZS�k'k1F�&TxkY>ZRBxk'>ZAK+Ex�lflabx�msxxibe*�ra R *VxxKxz'.r4%3.Vrazzxxxx
�x xx" is hereby adopted and adeclared be a rx,,t of
this Local Law, The Flood Insurance Study and map is nn
aC _V _lla¢.eOffices,_90 South Ridge Street, Rye_Brook, NY
3.3 INTERPRETATION♦ CONFISCP WITH OI7iER LAP1S ---
This Local Law is adopted in response to revisions to th,,
Nat=conal Flood 'Insurance Program effective Octotrr 1, ingt; sn�.
shall supercede all previous laws adopted for th� purPx,G„
establishing and maintaining eligibility for flood url:"gcn,r.,.,
In their interpretation and application, the provisions n: this
Local. law shall be held to be minimimt requirements, adnpt�><3 Prr
the prarotion of the publ.i.c health, safety, and wrlfax'e.
Whenever the roqur.rements of this local 1WI are we variance
with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the most restrictive, or that
inpos.ing the higher standards, shall govern.
3.1 SEVEAIIIii'lY
'Phe invalidity of any section Or provision of this local. Lae:
shall not invalidate any other section or provision thereof.
:3,5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, eytende,i
III converted, or altered and no landshall be excavated or fil.'..ed
without full compliance wi.th the terms of this
any otherLocal Law anti
applicable regulations. Any infraction of the
Provisions of this Local Law by failure to comply with anv
its requirements, including infractions of conditirns and
safeguards established in connection with conditions of the
permit, shall constitute a violation. Any person who vi.nl.atc=
this Local Law or fails to coiegrly with any of its requirenhents
shall, upon conviction thereof, be fined no more than $250 or
imprisoned for not more than 15 days or both. Each day O�
noncompliance shall be considered a separate Offense. �no ul.ir.
herein contained shall prevent the
lage
frau taking such other lawful action as necessary to prevent or
remedy an infraction. Any structure found not compliant with
the and/or
Owner has no this Local Law for which the developer
variancewunder aSection p6.0 will plied for
declared and �noncompl trriit Land
notification sent to the Federal Emergency Management Agency.
3.6 WAENING AND DISCI-AIMF.R OF LIABILITY
The degree of floor] protection required by this local haw
considered reasonable for rEqulatory purposes and is br;,,,,,,
6
50.3(e) 000799
scientific and engineering considerations. Larger flnxls car
and will occur on rare occasions. Float heights fray be
increased by man-made or natural causes, This local .Law der=,
not imply that land outside the area of special floa9 haza.-da•
or uses permitted within such areas will be free £raw flrxx'.i_r-.
or float damages. ,,,is local law shall not create_ liabilit% r
' the part of the ..
employee Vi -gage of Rye Brook , any officer �r
thereof., or the Federal Emergency Management Agency,
for any flood damages that result from aw reliance on thi.= iexxa;
lOr any administrative decision lawfully rnadr- thereunder. .
SE)MON 4.0
ADMIN.iSPRATION
4.1DESIGNATION OF 1HE LOCAL ADMINISTRATOR
The Administrator his designee is hereby
Adminzs trator to administer and y appointed Loca;
granting or denying devote implement this local law by
accordance with its ions. permit applications in
provisions.
4.2 ESi'AOLISIWIU OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of
construction or any other development withi
special flood hazard as establishn the area of
Application for a ed in Section 3.2.maDevelopment Permit shall be de on forms
furnished by the Development Administrator and d ma
limited t Y include
o. plans, in duplicate � but net
the nature, 10tation, dimensions, and elevations scale
theand ca ear�i;
question; existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the
foregoing,
4.2-1 APPLICATION STAGE
The following information is required where applicable:
(a) elevation in relation to mean sea level of the
proposed lowest floor. (including basement or
cellar) of all structures;
(b) elevation in relation to mean sea level to which
any non- residential structure will be
flood-proofed;
(e) when required a certificate from 'a licensed
professional engineer or architect that the utili.r_ _
floodproofing will meet the criteria in Section
5.1-3(1) ;
(d) certificate frau a licensed professional engineer
or architect that the non-residential flood-proofed
structure will meet the flood-proofino criteria . .
f
Section 5.2-2; and
(e) description of the extent to which anv watercourse
will be altered or relocated as a result of
proposed development-.
4.2-2 CONSTRUCTION STAGE
Upon pl'acomentof the lowest floor, or £lard-proofing be
whatever means or upon Placement of the horizontal
structural members of the lowest floor, whichever is
applicable, it shall be
the duty of the permit holder tr,
suhnit to the Local Administrator a certifica to of the
elevation of the lowest floor, flood-proofed elevation, or
the elevation of the lowest portion of the horizontal
7
60.3(c) /g/� qq
000
structural members of the lowest floor, whichever is
applicable, as built, in relation to mean sea level, iY:•.
elevation certificate shall be prepared by or under the
direct supervision of a licensed land�
sur,,e}or
orprofessional engineer r
and certified by sync. ;•.qjen
flood-proofing is utilized for -
a particular ,
la
Pa r
fl building
floodproofing dr
00
fin a• t
he
P g certi_icatc shall �'
11 be
prepared
the P Fa by o ,
direct s r under
Supervision Pe on
of
a
licens-
or architect and certified by same A-uY furtherl�rqj."e •: -
undertaken prior to sUbmission and approval of th,.
certification shall be at the permit holder's risk. h
Local Administrator shall review all data submi.ttec].
Deficiencies detected shall bo cause to issue a stnr-F-
order for the project unless im,,diately correct nr]
4.3 DU'TIPS AND RESPONSIBILITIES OF T!IE DOC AL ADMINIS'17L'�IUF
Duties of the Local Administrator shall include, but not tx=
limited to: -
4.3-1 PERMIT APPLICATION REVIEW
U Review all development permit applications to deter
that the requirements of this local law have lx.nn
satisfied.
(2) Review all development permit applications to
determine that all necessary permits have been
obtained from those Federal., State or local
governmental agencies from which prior approval is
requirgd.
w
(3) Review all develo st
determine if the �`nt ed de t applications to �
affects the floodproposed development adversely �'•�
Special flood carrying capacity se the area of
hazard. For the purposes of this
.local law, "adversely affects" means damage to
adjacent Properties because of rises in flood
stages attributed to physical changes of the
channel and the adjacent overban), areas. An
engineering study mrry be required of the applicant
for this purpose.
(i) If there is no adverse effect, then the permit.
shall. be grantee] consistent with the provisions Or
this local law.
(ii) If there is an adverse effect, then flood damaee
mitigation measures shall be made a condition of
the permit.
(4) Review all development permits for compl.ivsL'n
Provisions of Section 5.1-5, Encroachments. _u with
4.3-2 USE OF OTHER MSE FLOOD DATA
When base flood elevation data has not been Provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING l F
AREAS OF SPECIAL FLOOD HAZARD the Local Administrator sha];
obtain, review and reasonably utilize any base flood
elevation data available from a Federal, State or other
source, including data developed pursuant to Section
5.1-4(4) in order to administer Section
STANDARDS. 5.2, SPECIFIC
4.3-3 INFORMATION To BE OBTAINFD AND MAINTAINID
(1) Obtain and record the actual elevation, in relate>n
mean sea level, of the lowest floor, includinc; bascmti no
or cellar of all new or substantial]} improvers
fi
000801
structures, and whether or not the structru-e :xrr t.:i
basement or cellar.
(2) For all new or substantially improved flrxrdproefed
structures;
(i) obtain and record the actual elevation, i.n
relation to mean sea level, to which the
has been flocdprooferl; and
(it) maintain the floodpronfing certifi.cati.onr
in Sections 5.1 and 5.2.
(3) In coastal high hazard areas, certification shah is
obtained from a registered professional engireer o:
architect that the provisions of Sec
met. tion 5.3-2(-i! a
(4) Maintain for public inspection all records pertrinir :
to the provisions of this local law including •.-ariar.:, .
Mien granted and Certificates of Compliance.
4.3-4 IV,'17iRATION OF WATERCOURSES
(1) Notify adjacent communities and the Now York St:atf
DepartmenL of Envi.rorvnental Conservation prior tr
alteration or relocation of a t+atercoursc, and
Federal dr!eamu:ri,;,
evidence me such notification to the Regional
Emerges Mana
Federal Plaza, New Yorgement Agency, Region Li, �r
k, NY 10278,
f2) -Requiro.tjiat maintenance is provided within _ht al terer;
or relocated portion of said watercoue
rse. ro that she,
flood carrying capacity is not diminished.
4.3-5 INITRRRErATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict
the limits of the federally identified area of speciaj. fl,,,
hazard and actual field conditions.
Base flood elevation data establishr>d pursuant to Sectirn,
3.2 and/or Section 4.3-2, when available, shall be user,
accurately delineate the area of special flood hazards.
The Local Administrator shall use flood informat.ior. 'era;;
Other Zluthoritative source, including historical data, t,
establish the Limits of the area of special flood hazards
when base flc(xl elevations are not available.
4.3-6 S10R 4,ORK ORDERS
(1) All floodplain developlent found ongoing without an
approved permit shall be- subject to the issuance of a
stop work order issued by theLocal AdMi.nistratc! .
Disregard of a stop Cork order shall be subject to the
penalties described in Section 3.5 of this ?,coal Law.
(2) All floodplain development found noncompliant with th
Provisions of this law and/or the conditions of the
permit shall be subject to the issuance of a
stop work order issuer] by the Local Achninjs tretor.
,. Disregard of a stop work order shall tx subject r::
penalties described in Section 3.5 of this Local
4.3-7 INSPECTIONS
The meal Achnini.strator and/or the developer's ennineer .
archi.tect shall make periodic inspect:iors at apprcpriaa r.• '
tinx�s throughout the period of construction in order
9
en.3lrl
000802
mxmitor compliance with permit cnnditions and ara6lo :;n is
inspector to certify that the development L
witF in Crn;c:;i u::
h the re-yuimw."ts of either the develnprxznt hnri:ri;, c,l
Ole approved variance.
4,3-8 CRRTIFICA'1'E OP CUVLIANCE
(1) It shall be.
unlawful to use nr «;copy or to i-r.rmit Gn
use or occupancy of any building or premises,
or part thereof hereafter created, erected, -i-
converted or wholly or partly alterczl or en�a res`
its use or structure until a Certificate of Cony='. .,.
has been issued by the Local Administrator. staring
the building larxl conforms to the reyuir a:nnts
this local law.w.
(2) All other development occurring within the desrcnrat,x:
flood hazard area will have upon carq>letion a Certifi-
cate of Compliance issued by the r-ocal Administrator.
All certifications shall be based upon the inspections con-
ducted subject to Section 4.3-7 and/or any certified ele'a-
tions, hydraulic information, flocciproo£ing, anchoring
requirements or encroachment analysis which miy have !v=e•r
required as'a condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FIAOD HAZARD PKA TION
5.1 CTNERU STAMARp,-s..
In all areas of special floor hazards the ,`.ollrnaing standard=
are required;
5.1-1 ANCHORING
(1) All new construction and substantial improv ehali
be anchored to prevent flotation, collapse, or latera;
movement of the structure.
(2) All manufactured hanes shall be installed using mxhccl=
and practices which minimize flood damage.
Manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral mov,,met.
Methods of anchoring may include, but are not
limited to, use oto bc.
f over-the-top or frame tier. to grnu;�.'
anchors. This requirement is in addition 'C applicab;,
State and local anchoring reauirenents 'ror resist l.uc
wind forces,
5.1-2 COKSTRUCTION DiA'YERIAIS AND METHODS
11) All new construction and substantial improvarer.ts s! ;
be constnrcted with materials and utility c�fuiln,er•
resistant to flood damage,
(2) All new'construction and substantial improvejrentr, shi
be constructed using methods and practi.cns that
minimize flood damage,
5.1-3 UIILITIES
(1) Electrical, heating, ventilation, plunb.ing, nir -
condi.ti.oninq equipment, and other service
shall be designed and/or located so as to prevent H,
frail entering or accumulating within the componlonts
during conditions of f_rx-ding, Mien designed `rr
location Lr.!cxv the tkiso. rlocd elevation, a profos�:i..:•:
engineer's, nr architect's certification is recu :-ski;
1U
50.3(el
0000 ;
(2) All new and replacement water supply systems shall ix
designed to minimize or eliminate infiltration of .`ju-
waters into the system; 4
i UI New e
nd replacement laccment
t
sanitary „owage sys tt res sha �
designed to minimize o i
r eliminate infiltration of
f �,
_ watgrs; and,
(4) On-site waste disposal systems shall be located u.
avoid impairrent to them or con taming tion fr'ir civ+r
during flooding,
5.1-4 SUBDMSION PROPOSALS
(1) All •stillivision proposals shall to consi.stert wit}
need to minimize flood damage;
(2) All subdivision proposals shall have public util'.tlo<
and facilities such as sewer, oas, electrical, and
water systems located and constructed to minimize f1--.x;
damage;
(3) All subdivision proposals shall have adequate drainau,
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed developments
(including propnsals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres,
5.1-5 FNCROACHME2NTS
All proposed development in riverine situations where
no flood elevation data is available (unnumbered A
Zones) shall be analyzed to determine the effects on
the flood carrying capacity of the area of special
flood hazards set forth in section 4.3-1(3) , Permit
Review. This may require the submission of additional
technical data to assist in the determination.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood'eleva U c,
data has been provided as set _forth in Section 3.2 BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD AREAS and Sectict,
4.3-2, USE OF Oi4IER BASE FLOOD DATA, the following standards are
required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial Sprovements of any
resident structure shall: '
(1) have the lowest floor, including basement or rell.ar,
elevated to or above the base flood elevation;
(2) have fully enclosed areas below the lowest fl,or that
are subject to flooding designed to automatically
equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a licensed professional engineer o:
architect or meet or (mcced the following minirnun
criteria;
it a minimum of two openings having a total. net arra
of not less than one square. inch for ever.- sq2:,ii
foot of enclosed area subject to flrxd i.txl;
11
60.](c)
0A) the bottom of all such openings shall x no I:icnel 000804
than one feet above the lowest adjacent fin.isitl-r:'
grade;
(iii)OPenings ntav be equipped with louvers, valves,
screens or other coverings or devices provided
they Permit the autrniatic entry and exit of
floodwaters.
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of arty
commercial, industrial or other non-residential structure,
together with attendant. utility and sanitary facilities,
shall either: have the laoest floor, including baseirr-t
cellar, elevated to or above the base !lord elevatinrr
floodpmo£ed so that the structure is watertight below
base flood level with walls substantially
impermeable tr
Passage of water. All structural crorryxrnents located bele
the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads
and
the effects
buoyancy.
of
(1) If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall he designed
to automatically (without human .intervention) allow fn:
the entry and exit of floodwaters for the purpose of
equalizing hydrostatic flood forces on exterior walls,
Designs for meeting this requirement must either be
certified by a licensed professional engineer or a
licensed architect or meet the following criteria:
(i) a minimull of two openings having a total net area
of not less than one square inch for every squ,
feet of enclosed area subject to flooding;
(i i) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished
grade; and
(iii)openings may be. equipped with .louvers, valves,
screens or other coverings or devices provided
they permit the automatic entry and exit, of
floodwaters.
(2) If the structure is to be floodproofed:
W a licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction,
and shall certify that the design and methods of
construction are in accordance with accepted
standards of practice to make the structure
watertight with walls substantially impermeable tt
the passage of water, with structural component.
having the capability of resisting hydrostatic onr
hydrodynamic loads and effects of buoyancv; and
(ii) alicensed professional engineer or licensed laid
surveyor shall certify the specific elevation (in
relation to mean sea level to which the structure
is floodproofed.
The Local Mministrator shall maintain on record a copy
of all such certificates noted in this section.
5.2-1 CONSTRUCTION STANDARDS FUR AREAS OF SPECIAL FLOOD HAZARDS
{PIT[IOVT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of
structures including manufactured hones shall have rte
12
60.3(e)
000805
lowest flOOz (including basement) elevated at least:
feet a Ove the highest adjacent grade next tr, the
Proposed foundation of the structure.
(2) N' Ily enclosed areas below the lowest floor that v e
subject to flooding shall be designed to automati.ca'_iv
• (without htnnan intervention) allow for the entry avid "
exit of floodwaters for the purpose of equali.zine
hydrostatic flood forces on exterior walls. Lk±signs
for meeting this requirement most either be certifies
by a licensed professional engineer or a li.cen.^rci
architect or meet the following criteria:
(i.) a minimum of two openings having a total net ar,a
Of not less than one square .inch for every ;rnia•
foot of enclosed area subject to floxiina:
(ii) the bottom of all such openings shall be no
higher than one foot above the lowest adjacent
finished grade;
)OPeni.ngs may be equipped with louvers, valves,
screens or other coverings or devices previ.dect
they Permit the automatic entry and exit of
floodwaters.
5.3 COASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within the
areas of special flood hazard established in Section 3.2.
11iese areas have special flood hazards associated with high
velocity waters..f cm tidal surges and hurricane wave wash:
therefore, the f(illowing provisions shall apply:
5.3-1 LOCATION OF S'1'MMURES
All buildings or structures shall be Locates] landward of
reach Of the mean high tide.
5.3-2 (0NSIRUCPI0N 61E'BIODS -
1
( ) Elevation
All new construction or substantial improvements shai'
be elevated on pilings or columns so that the bott,, of
the lowest horizontal structural member of the loorst.
floor (excluding the pilings or columns) is elevated tc
or above the base flood level so as to not impede the
flow of water.
(2) Structural Support
(i) The pilings or column foundation and structure
attached thereto shall be adequately anchored to
resist floatation, collapse and lateral movement
due to the effects of wind and high velcr_.ity ova for
loads acting simultaneously on all building
components. Wind and water loading values shall
each have a one percent chance of being equalhri
or excee<lod in any given year (100-year mean
recurrence interval) .
(ii) A licensed professional engineer shall develop nr `
review the structure]. design, specifications anri `t
, plans for the construction, and shall submit :x
the Local Administrator a written cert:if.icati(In
Hilt the design and methods of construction t:o t.•
used are in accordance with accepted standards �<
practice for meeting the provisions of sertinns
5.3-2(1) and 5.3-2(2) (i) .
13
(iii)There shall be M fill material used for P1P1f141® '
structural support of any new building or �/0 0 C:o
substantial improvement of an existing r,tructure.
(3) Space Below the Lowest Floor, Breakaway Walls
(i) 1110 space below the lowest floor of all new
construction or any existing building that is
being altered, repaired or improved after the
effective date of this Local Law shall be eith.v
kept free of obstructions or constricted 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
structural damage to the elevated portion of u,
building or supporting foundation system.
(ii) A breakaway wall shall have a design safe loarji nu
resistance of not less than 10 and no more tJ,a
pounds per square foot. Use of breakaway wa;:.
excoeding a design safe loading resistance of ,t
pounds per square foot are permitted only if a
licensed professional engineer or architect
certifies in writing to the Local Administrator
that the designs proposed meet the following
conditions:
a.) breakaway wall collapse shall result from; a
water load less than that which would ncalr
during the base flood; and
b.) the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wino
and water loads acting simultaneously on -.ji
building components (structural and
non-structural) . Maximum wind and water
loading values to be used in this
determination shall each have one percent
chance of being equalled or exceeded in m,,
given year (100-year mean recurrence
interval) .
(iii)Me enclosed space below the lowest floor shall !�<
used only for parking of vehicles, building accass
or storage. Use of this space for human
habitation is expressly prohibited. 111e
construction of stairs, stairwells and elevator
shafts only are subject to the design requirements
for breakaway walls in Section 5.3-2(3) (ii) .
5.3-3 DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which would
increase potential flood damage. Any disturbance of sand
and/or earthen material shall be conducted in strict
compliance with State or local Coastal Erosion Hazard Area
regulations.
5.3-4 SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORCS
'(1) The applicant for a Development Permit for all naw
construction or substantial improvements shall sutmir-
in writing to the Local Administrator the following:
(i) a stat0mcnt certifying whether or not the
structure contains a basement; and
1.4
1
60.i(el
000807
(ii) the elevation (in relation to mean sea level) of
the bottm of the lowest structural member of the
lowest floor of the structure. The elevation
shall be certified by a licensed professional
engineer or land surveyor.
(2) The Local Administrator shall inaintain a record of all
information required under paragraph (1) of this
Section.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
1) 'I11e
Board of 'f
—_,
--------------
shall. hear and decide
appeals and requests for variances from the requirements
o£ this local law,; however, said Board of Trustees, by
resolution, may refer the matter to the Planning Board.
(2) 'Che Board of Trustees shall hear and decide
appeals when it is alleged there is an error in any
requirement, decision, or determination made by the
Local Achninistrator in the enforcement nr administration of
this local law.
(3) Those aggrieved by the decision of the Board of Trustees
may appeal such decision to the SupremeCourt to'
Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Board of Trustees ,
all re evant
factors, standards specified in other section of this
shall consider all technical evaluations,
local law and:
(i) the danger that materials may be swept onto other
lands to the injury of. others;
(ii) the danger to life and property due to flooding or
erosion damage;
(iii) the susceptibility of thero '�
contents to flood damage and the effect ofysuch
and its
damage on the individual owner;
(iv) the importance of the services provided by the
proposed facility to the coamunity;
(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 homage;
(vii) the compatibility of the proposed use with existing
and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain managca nt
program of that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
Gd the costs to local governments and the dangers
associated with conducting search and rescue
-- operations during periods of flooding;
(xi) the oxp,cted heights, velocity, duration, rate of
rise, and sediment transport of the flood waters and -
15
60.3(e)
ooOF308
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 sever, gas,
electrical, and water systems and streets and
bridges.
(5) Upon consideration of the factors of. Section 6.1(4) and the
purposes of this local law, the Board of Trines ma':
attach such conditions to the granting of variances as
it deems necessary to further the purposes of this local
law.
(6) The Local Administrator shall maintain the records of all
appeal actions including technical information and report
any variances to the Federal Emergency Managenent Agency
upon request.
6.2 amialcm FoR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvenents to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing s
base flood .level tinctures constructed below the
Providing items (i-xii) in Section 6.1(4)
have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification �
required for issuing the variance increases.
121 Variances rme; be issued for the reconstruction, rehabili-
tation or restoration of structures and contributing
structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without
regard to the contributing structures procedures set forth
.in the remainder of this section.
(3) Variances may be issued by a community for new construction
and substantial improvements and for other developrrnt
necessary for the conduct of a functionallyvtlependent use
provided that:
i) the criteria of subparagraphs 1, 4, 5, and 6 of this
section are met;
i) the structure or other development is protected by
methods that Imininli.ze flood damages during the base
float 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 could result.
(5) Variances shall only be issued upon a determination that the
variance is the minimtvn necessary, considering the flad
hazard, to afford relief.
(6) Variances shall only be issued upon receiving written
justification:
(i) a showing of good and sufficient cause;
(.ii) a deternunation that failure to grant the variance
wtnr.ld result in exceptional hardship to the applicant;
and
16
60.3(e) ¢�yy/�(���jJ ��gg
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 eeistino
local laws or ordinances.
(7) Any applicant to wham a variance is granted for a building
with the lowest floor below the base flood elevation shall
be given written notice That the cost of flood insurance
will be commensurate with the increased risk resulting frac.
lowest floor elevation.
Be it enacted this , ' day of
�.oard o£ Trustees _ 19k by the
of the Vi lase of Rve IIrook
_Wes hes er County, New York, to be effective immediately upon`
figin¢ with the Secreta ry of State.
A y
SCAT
Af�7?sr• 'CLERK
17
I
000 .10
(Coop let the cert If!cation in the paregre ph which applies to the filing of this local law aad strike out the
natter therein which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certifytbat thelocal law annexed hereto,designated as local law No. __._:L......of 19_87
GUty
of the qi1 oC.,RYE .BROOK BOARD OP TRUSTEES
•PuWfi .....................was duly passed by the..................................................'.................................
Village (N..•w Le W.u..Bed,)
on......June.•.23.r..................•.19..U. in accordance with the applicable provisions of low.
?. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,'
or repassage after disapproval.)
I hereby certify that the local low annexed hereto,designated as local law No.....................of 19........
County
of the Town of......................................was duly passed by the .........................................
.........................................
Village Menne.•1 Ln+•+•u..Bed,+
not disapproved
on.................................................19........ and was approved by the .......................................................
..................
repassed after disapproval E+•••+••chid e,.,e,,+n.arse.
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
previsions of law.
(Final adoption by referendum.)
I herebycenifythat thelocal law annexed hereto,designated as local IawNo. .................. of 19..........
County
City
of the Town of......................................was duly passed by the.................................................................................
Village (N....(t..pe+.u,.Bed,)
• not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval r+•c++v chief rZa•m+••oumr•
on-..................................................................19......... Such local law was submitted to the people by reason of a
mandatory
Permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli•
annual _
cable provisions of low.
(Subject to permissive teferendum,and final adoption because no valid petition
filed requesting
referendum.)l
I hereby certify that thelocal law annexed hereto,designated as local law No................... of 19..........
County
of the CityTown of...................................... was duly passed by the................................................................................on
Village (N...w t.•at.l.u..Beer)
not disapproved
_ ...................................19........ and was approved by the.......................
. .................................on
repassed after disapproval e+•••+••cNd o-.•vri..au..,
......... .........•• ..................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on -
---- ...................................................... 19......., In accordance with the applicable provisions of law, -
*Elective Qekf Executive Officer mean. or Include the chief execotire oftke of a county elected on a countywide bub
or, If there be oont,the chairman of the county legislative body,the mayor of a city or rMAge air the supervisor of if town.
wb.se such orfrer is ralyd with power to spprove or veto local In"or ordinances.
Page 18
i
0008.:1 .
5- (City local law concerning Charter reilsion Proposed by PoUlion,) 's
it
I be-in certify that the local law annexed i
hereto des'
• designated■s
Bn toes
of the ons of...................... ............., having been submitted to referendum punueni to the
.....................................
Provisions off of the lwunicipal home Rule Luw,and having received the afri,.rive vote or a majority
Of the qualified electors of such city voting thereon at the special
-,--_19._.........became opentiva
general election held on ..................................
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New
York, having been submitted t0
General Election of November.........,, 19 the Electors at the
pursuant to subdivisions 5 and 7 of Section 33 of the Muni.
opal Nome Rule liw,and having received the affirmative vote of a majority of the qualified electors of the
does er said county as a unit and of a majority of the qualified electors of the towns of said count)
romidcred as a unit voting et said general election became tY
operative.
QI any other authorized i c.
Ized form of final adoption has been followed, please protide an appropriateCertifscation,l
I further certify that I hnve compered the preceding local low with the original on file in this orrice
and that the same is a correct transcript therefrom and of t e whole of such original local IaM, and was
finally adopted in the manner indicated inare
it
P araPh............../............ above.
Okra of me County kri D Y,City.Toon or vivap Orrr o,
// a, A Omar aeaanataa tY Ino!kpWays D«1y
Date: Y"`�"x'� .�9 i9��
(Seal)
I
i
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorne), Village Alturn,
W other authorizod Attorney of locality)
STATE OF NEW YORK
OOUNTY OF..�Yf �j�py
I, the undersigned, hereby certify that the foregoing local low contains the correct text end that Al
Proper Proceedings have been had or taken for the enactment of the local law annexed hl
ereto.
Date: Feertrrj
Village
Page 19