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HomeMy WebLinkAbout1987-07-14 - Board of Trustees Meeting Minutes RYE BROOK VILLAGE BOARD AGENDA MEETING JULY 14, 1987 8:00 P.M. ' I ' 1 - PUEILIC HEARING - (July 14, 1987) 1. Vehicle & Traffic Law - Proposed Local Law $8-7.987 (previously distributed) WRITTEN COMMUNICATION - (July 14, 1987) _✓`y, 2. Rye Brook Townhouses (Lundell Property) AGENDA ITEMS - JULY 28, 1987 DISCUSSION/CONSIDERATION 1. Permitted Uses in Designated Flood Plain Areas (Betsy Brown/Rye Brook Estates) 2. Lease Revisions - Rye Brook Village Offices ( PUBLIC HEARINGS - LOCAL LAWS 3. Planning Board' s Authority 4. Posting of Signs & Not'.:cesLt. Gt[ -a �c�t / t Amendment—to—Local Law 1136-1984 REPORTS 5. Gregory J. Austin c>yCGri-G�`S� -�ti.�ct�lit�t42G1 t� �L�%v-.LG2f� WRITTEN COMMUNICATIONS 6. Letter from South East Consortium SALARY AUTHORIZATION + '7. Recreation Department f /t 000840 MINUTES OF AN AGENDA MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 14th DAY OF JULY, 1987 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE AGENDA MEETING The Agenda 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 Jean A. Marra, Deputy Village Clerk I OOO841 July 14, 1987 It was explained by Mayor Kabcenell that this was an agenda meeting; however, there were one or two orders of business: the Vehicle & Traffic Law and permitted uses in a Flood Plain area. VEHICLE & TRAFFIC LAW The Mayor pointed out that the Vehicle & Traffic law has been reorganized so it is now in a more orderly manner; basically it contains the same information but with updates, as well, he stated. In answer to a question raised by Trustee Filipowski, Administrator Russo explained that a meeting is planned with the Highway Department regarding the installation of the stop signs. The members of the Traffic Commission walked the streets of Rye Brook in order to ascertain the appropriate placement of the stop signs, Mayor Kabcenell announced. Following a brief discussion concerning certain measurements and, on motion by Trustee Meiskin, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, this Board of Trustees has met on this date at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law #8 - 1987 and has heard all persons desiring to be heard thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #8 - 1987, Vehicle & Traffic Law of the Village of Rye Brook, and orders that said Local Law #8 - 1987 as so adopted, be herein inserted and made a part of the minutes of this meeting as follows: - 2 - i 000344; July 14, 1987 VILLAGE OF RYE BROOK LOCAL LAW #8 - 1987 A Local Law Entitled VEHICLE & TRAFFIC LAW OF THE VILLAGE OF RYE BROOK BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 1. DEFINITIONS 2. APPLICATION 3. EXCLUSIONS 4. POWERS OF PEACE OFFICER 5. SPEED LIMITS 6. TRAFFIC SIGNALS 7. NO PARKING/STANDING 8. STANDING, STOPPING OR WAITING 9. SIDEWALKS 10. PLAY STREETS 11. PARKING 12. PROHIBITED PARKING 13. ALL-NIGHT PARKING 14. SNOW EMERGENCIES 15. FIRE LANES 16. PARKING PROVISIONS APPLICABLE TO TRUCKS, TRAILERS, OMNIBUSES, ETC. 17. STOP AND YIELD (MAIN ARTERIES) 18. ONE-WAY STREETS 19. ONE-WAY EXITS AND ENTRANCES 20. ABANDONED VEHICLES 21. TRUCKS 3 - { W 0 0 lam!4 Mi July 14, 1987 22. PARADES 23. VIOLATION AND PENALTIES 24. SEPARABILITY 25. REPEALER 26. EFFECTIVE DATE 1. DEFINITIONS All terms not specifically defined herein shall have the same definitions as provided in the New York State Vehicle & Traffic law. 2. APPLICATION Every person propelling any push cart or riding a bicycle or an animal upon a public highway, or any person driving any animals, shall be subject to the provisions of this local law; applicable to the operator of any vehicle, except those provisions of this local law with reference to the equipment of vehicles and except those provisions which by their nature can have no application. 3. EXCLUSIONS The provisions of this local law regulating the movement, parking and standing of vehicles shall not apply to ambulances, fire or police apparatus, police, military and Civil Defense vehicles, US Mail or emergency vehicles of public service corporations, while in the performance of duty. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others. 4. POWER OF PEACE OFFICER It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a peace officer, or to disobey the instruction of any traffic sign or signal, unless directed to do so by a peace officer. 4 - 00084:1 July 14, 1987 Peace officers shall include police officers and other individuals appointed or hired by the Village to direct traffic. 5. SPEED LIMITS A. No person shall operate a vehicle on any public highway within the Village at a rate of speed in excess of thirty (30) miles per hours, except on the sections of the State roads called a portion of King Street where the speed limit is established by the State at forty (40) miles per hour and the portion of Westchester Avenue, between the Village line with Harrison and the Rye Town Hilton driveway, where the speed limit shall be forty (40) miles per hour. B. No person shall operate a vehicle on the section of the State roads known as the portion of King Street where the speed limit is established by the State at forty (40) miles per hour and the portion of Westchester Avenue, between the Village line with Harrison and the Rye Town Hilton driveway, at a speed in excess of forty (40) miles per hour. C. No person shall operate a vehicle within three hundred (300) feet of a school building line at a rate of speed in excess of fifteen (15) miles per hour, on school days between 7:00 A.M. and 6:00 P.M. D. The Board of Trustees may, by resolution, establish reduced speed limits on other public highways within the Village. 6. TRAFFIC SIGNALS A. Wherever traffic at an intersection is alternately directed to proceed and to stop by the use of signals exhibiting colored lights or the words "go", "caution" and "stop", said lights and terms shall indicate as follows: 1. Green or "go" shown alone: Traffic facing the signal may proceed, except that vehicular traffic shall yeld the right-of-way to pedestrians and vehicles lawfully within a crosswalk or the intersection at the time such signal is exhibited. 5 - 00084 July 14, 1987 2. Yellow or "caution": When shown following the green or "go", traffic facing the signal shall stop before entering the intersection unless so close to the intersection that a stop cannot be made safely. 3. Red or "stop": Traffic facing the signal shall stop and remain standing until green or "go" is shown alone, except that at a crossing where right turns on a red light are not prohibited by properly posted signs, vehicles in the lane nearest the curb may make a right turn after first coming to a full stop. 4. A traffic light controls traffic only at the intersection at which it is located. 7. NO PARKING/STANDING A. No Parking: When parking is prohibited by this law, it shall be unlawful for any person to park a vehicle, whether occupied or not, but a person may stop or stand temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers. B. No Standing: When standing is prohibited by this law, it shall be unlawful for any person to stand or park a vehicle, whether occupied or not, but a person may stop temporarily for the purpose of, and while actually engaged in, receiving or discharging - passengers. 8. STANDING, STOPPING OR WAITING A. A vehicle shall not be permitted to: 1. Stand unless halted by traffic on any street, except at the curb. 2. Stop with its left side to the curb, except on a one-way street. 3. Occupy any street so as to obstruct traffic. 4. Stop so as to obstruct a crossing. 5. Stand backed up at an angle to the curb, except while actually loading or unloading said vehicle. - 6 - 000846 July 14, 1987 6. Stand in such a position as to prevent another vehicle stopped or parked at the curb from moving away. 7. Stand within ten (10) feet of a fire hydrant, crosswalk or corner. 8. Stand within twenty-five (25) feet of any street excavation or obstruction; except that when such excavation or obstruction is at or close to the curb, vehicle may stand at the curb, but not so as to obstruct traffic. B. A vehicle, when left unattended or parked on a grade or incline, shall have the brake effectively set and the wheels turned at an angle against the curb, and not parallel to the curb. 9. SIDEWALKS No vehicle shall be driven in, over, or upon any sidewalk or that portion of the public highway set aside for a sidewalk, except as a permanent driveway, or temporary driveway for which permission has been granted. 10. PLAY STREETS A. The Village Board shall have authority to declare any Village street, or part thereof, a play street and to place appropriate signs or devices in the same roadway indicating and helping to protect the same. B. Whenever authorized signs are erected indicating any such street or part thereof as a play street, a person shall not drive a vehicle upon any such street or portion thereof, except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. C. Designated Play Streets: The following streets are hereby designated play streets by the Village Board of the Village of Rye Brook: 1. From the point where Meadowlark Road intersects with Oriole Place to the dead end of Meadowlark Road. - 7 - 00084 ? July 14, 1987 11. PARKING A. The Village Board may, by resolution, establish and enforce such regulations governing the parking of vehicles on public highways within the Village as they consider necessary for public convenience and which do not unduly restrict the orderly movement of traffic or endanger the public safety. B. Special parking restrictions in a specified area shall be indicated by signs authorized by the Village of Rye Brook, and drivers must at all times comply with the directions thereon. C. A vehicle shall not be parked on any street or highway for the purpose of making repairs, except those of a minor nature in a case of emergency. D. A vehicle shall not be parked or left unattended on any street in front of a driveway. E. In any parking space where the area to be occupied by any vehicle is indicated by lines on the pavement or curbing, a vehicle must be parked within such lines. 12. PROHIBITED PARKING A. The following regulations prohibiting parking in areas are hereby established: 1. West William Street, Ellendale Avenue, and Franklin Street a. North side - no parking one hundred fifty (150) feet east of South Ridge Street. 2. Bowman Avenue a. On the south side - between South Ridge Street and Barber Place. b. On the north side - between South Ridge Street and Division Street. c. On either side - from Village of Rye Brook border with Port Chester, to a point seventy (70) feet west of Osborne Place. 3. South Ridge Street a. On either side - from Westchester Avenue, south to Rye City line. 8 - Q00848 July 14, 1987 4. North Ridge Street a. On either side from Westchester Avenue, north to King Street. 5. Division Street a. On the west side - between Bowman Avenue and Westchester Avenue. 6. Barber Place ' a. On the west side - between Bowman Avenue and Franklin Street. 7. Wilton Road a. Along the east and west sides, beginning at the dead end at Crawford Park and continuing ninety (90) feet south along both sides. b. Along the entire width of the dead end at Crawford Park. 8. Sunset Road a. Along the north and south sides, beginning twenty-seven (27) feet from the curb line of Lincoln Avenue and extending westerly one hundred eighteen (118) feet on both sides. b. Along the north side beginning seven (7) feet from the curb line of Phyllis Place and extending easterly sixty-two (62) feet. c. Along the south side beginning at the inter- section of Phyllis Place and extending easterly forty-nine (49) feet. d. Along the south side beginning at the center of Phyllis Place and extending to the corner of Brook Lane. e. Along the north side beginning at the intersection of Phyllis Place and extending to Brook Lane. 9. Brook Lane a. Along the east side beginning at the corner of Sunset Road and extending in a southerly direction two hundred thirty-seven (237) feet. - 9 - 000840 Suly 14, 1987 I 10. Osborne Place a. Along the east side beginning at the corner of Bowman Avenue and extending in a southerly direction one hundred twenty (120) feet. 11. Latonia Road a. On the east side from Pine Ridge Road to Mohegan Lane. 12. Westchester Avenue a. On the south side, within twenty (20) feet of the intersection with Division Street. b. On the north and south sides from Ridge Street to the Harrison Town line. 13. Garibaldi Place a. On the north and south sides within eight (8) feet of the intersection with West Street. b. On the north side at the entrace to Garibaldi Park. 14. West Street a. On the west side within eight (8) feet of the intersection with the southerly side of Garibaldi Place. 15. Crescent Place a. On the north side - fifty (50) feet from South Ridge Street. 16. West William Street a. On the south side - two hundred (200) feet east of South Ridge Street. 17. Hawthorne Avenue a. On the west side - no parking at triangle, from intersection of Westchester Avenue and Hawthorne for a distance of fifty (50) feet. 0 - 10 - 00085,0 July 14, 1987 i 18. Dixon Street a. On the north side - twenty-eight (28) feet from South Ridge Street. b. On the south side - thirty (30) feet from South Ridge Street. 19. Betsy Brown Road a. Opposite #344 Betsy Brown Road to Crawford Park. 20. Crawford Park a. on the driveway. 21. Roanoke Avenue - (south of Route 287) a. On the east side for a distance of fifty- three (53) feet from Wyman Avenue. b. On the west side for a distance of fifty-one (51) feet from Wyman Avenue. c. Along the entire width of the dead end. B. A vehicle shall not park in, on or over any easement, or portion thereof, owned by the Village, which is adjacent to highways. C. The Board of Trustees may, by resolution, establish additional prohibited parking areas. 13. ALL-NIGHT PARKING A. The parking of any vehicle is hereby prohibited on all public streets or highways within the Village of Rye Brook, between 2:00 A.M. and 6:00 A.M. , from November 15th to March 15th, except that all-night, alternate-side-of-the-street parking be permitted on the following streets and highways: Barber Place Crescent Place Dixon Street Ellendale Avenue Franklin Street Garibaldi Place Grant Street - 11 - 000851 j July 14, 1987 Hawthorne Avenue Highview Avenue Hillcrest Avenue Irenhyl Avenue Maywood Avenue Roanoke Avenue Westview Avenue Whittemore Place Woodland Avenue Wyman Street Wyman Street North B. Alternate-side-of-the-street, all-night parking shall be construed to mean Monday, Wednesday, Friday and Sunday on the north or east side of the street or highway, between 2:00 A.M. and 6:00 A.M. ; and Tuesday, Thursday and Saturday on the south or west side of the street or highway, between 2:00 A.M. and 6:00 A.M. , in accordance with signs so posted in the affected areas. C. Additionally, all-night parking shall be permitted on the south, west or east side of the following streets and highways, between 2:00 A.M. and 6:00 A.M. from November 15th to March 15th: Division Street - east side Osborne Place - west side West Street - west side West William Street - south side D. No trucks or other commercial vehicles shall park on any public street or highway within the Village of Rye Brook between the hours of 2:00 A.M. and 6:00 A.M. throughout the entire year. 14. SNOW EMERGENCIES During plowing and clearing of snow from the public streets or highways, or in the event a snow emergency has been declared in Westchester County, no vehicle shall be parked on any side of any public street or highway in the Village of Rye Brook, with the exception of the following streets or highways: West Street 12 - i 000852 July 14, 1987 15. FIRE LANES A. Clear, unobstructed roadways shall be maintained in areas established by the Building Inspector and the Fire Chief, or their designated representatives, in areas necessary for access to places of public assembly, structures of public access and office buildings and parking lots of ten (10) or more, and residential subdivisions of ten (10) or more units of housing. Such roadways shall be designated, by the Building Inspector and the Fire Chief, or their designated representatives, as Fire Lanes. B. Fire Lanes shall be of two types: 1. Fire Lane "A" Emergency access area, located in the immediate vicinity of structures and fire hydrants for emergency use only. 2. Fire Lane "B" Emergency route, streets, roads or driveways on private property customarily used by emergency apparatus that lead to emergency access areas and fire hydrants. C. Fire Lanes shall be marked in the following manner: 1. Fire Lane "A" a. Curb sides and top painted traffic yellow. Paved area cross-hatched out four (4) feet from curbs. b. Cross-hatching shall have six (6) inch wide lined at a 45 degree angle to curb extending outward in the direction of oncoming traffic; lines shall be two (2) feet apart. C. Standard "NO PARKING FIRE LANE" signs shall be placed every fifty (50) feet. d. Signs shall be no more than two (2) feet from curb, no lower than six (6) feet and no higher than eight (8) feet from street grade to bottom edge of sign. e. Signs shall be at an angle of thirty (30) degrees to forty-five (45) degrees to oncoming traffic, where practicable. 13 - 000853 July 14, 1987 2. Fire Lane "B" a. Designated emergency route -- curb side and top shall be painted traffic yellow on side of street leading to structure and Fire Lane "A" b. Standard "NO PARKING FIRE LANE" signs shall be placed every one hundred (100) feet. C. Signs shall be no lower than six (6) feet and no higher than eight (8) feet from street grade to bottom edge of sign. D. In residential areas designated Fire Lane "B", signs spaced every fifty (50) to seventy-five (75) feet can be substituted for yellow curb with the approval of the Building Inspector and/or Fire Chief. E. Parking in a Fire Lane shall be a violation and shall be punishable by a fine of not less than Fifty ($50) Dollars and no more than Two Hundred Fifty ($250) Dollars, and/or by imprisonment, not to exceed fifteen (15) days. F. Any individual or company who owns or manages a place of public assembly, public access or an office building shall complete the markings required herein within fifteen (15) days of receiving notice of the designated Fire Lanes from the Building and the Fire Chief, or their designated representatives. G. Any individual or company who owns or manages a place of public assembly, public access or an office building, who fails to keep appropriate markers on the designated Fire Lanes, shall be guilty of a violation. Said individual or company shall be punishable by a fine of Two Hundred Fifty ($250) Dollars and/or by imprisonment, not to exceed fifteen (15) days. Each day on which the Fire Lanes remain unmarked shall be considered a separate violation. 16. PARKING PROVISIONS APPLICABLE TO TRUCKS, TRAILERS, OMNIBUSES, ETC. A. Notwithstanding any other provisions of this local law, it shall be unlawful for the operator, owner or lessee of a truck, trailer, semi-trailer, tractor, house coach or omnibus to stand, stop or park on any public highway within the Village and leave such truck, trailer, semi-trailer, tractor, house coach or omnibus unattended by a person capable of operating or removing it, for a period longer than necessary to load or unload passengers or freight. - 14 - 000854 July 14, 1987 B. The provisions of this section, however, shall not apply in the case of an emergency, to state, county, village and town highways, nor apply to agents or employees of public service corporations when engaged in the erection of poles, the stringing of wires or the repair, construction or inspection of lines, conduits or other structures along the state, county, villageor town highways, or Persons engageda ed 'on or repair of the the construction p in , reconstructs state, county, village or town highways or roads. MAIN ARTERIES 17. STOP AND YIELD ( ) public streets or highways, or parts The following A. 9 p of streets or highways, in the Village of Rye Brook, are designated as main arteries of travel as hereby designated shall, before entering the same, come to a full stop, unless otherwise directed by a peace officer or signal: 1. Betsy Brown Road 2. Bonwit Road 3. Bowman Avenue (west of Ridge Street) 4. College Avenue 5. Country Ridge Road 6. Elm Hill Drive 7. Fairlawn Parkway 8. Hawthorne Avenue 9. Hillcrest Avenue 10. Irenhyl Avenue 11. Jennifer Lane 12. King Street 13. Latonia Road 14. Lincoln Avenue 15. Meadowlark Road 16. Mohegan Lane 17. Neuton Avenue 18. North Ridge Street 19. Old Orchard Road 20. Pine Ridge Road 21. Ridge Boulevard 22. South Ridge Street 23. Tamarack Road 24. Westchester Avenue 25. Winding Wood Road North 26. Winding Wood Road South - 15 - 000855 July 14, 1987 B. The following public streets or highways, or parts of streets or highways in the Village of Rye Brook, are designated as main arteries of travel and all vehicles approaching such main arteries of travel, as hereby designated, shall, before entering the same, come to a full stop or yield right-of-way to pedestrians and on-coming traffic within visual distance of vehicles on such main arteries provided that signs bearing the word "Stop" or "Yield" are erected and maintained at or near the intersecting line of such main arteries of travel with the following intersecting streets: 1. Betsy Brown Road - Knollwood Drive 2. Bonwit Road - Elm Hill Drive, Mohegan Lane 3. College Avenue - Windsor Road 4. Country Ridge Drive - Rockinghouse Trail, Dorchester Drive, Fairlawn Parkway, Country Ridge Circle 5. Elm Hill Drive - Old Oak Road 6. Fairlawn Parkway - Country Ridge Drive North, Whipporwill Road, Holly Lane, Boxwood Place 7. Hawthorne Avenue - Irenhyl Avenue 8. Hillcrest Avenue - Maywood Avenue 9. Irenhyl Avenue - Hillcrest Avenue, Woodland Avenue, Hawthorne Avenue 10. King Street - Loch Lane, Hillandale Road, Bishop Drive North, Bishop Drive South, Comly Avenue, Magnolia Drive, Anderson Hill Road 11. Latonia Road - Berkeley Drive 12. Lincoln Avenue - Sunset Road, Jennifer Lane, Pine Ridge Road 13. Meadowlark Road - Blue Bird Hollow, Eagles Bluff, Oriole Place 14. Mohegan Lane - Bonwit Road, Pine Ridge Road, Latonia Road 15. Neuton Avenue - Tamarack Road, Hillcrest Avenue, Valley Terrace - 16 - July 14, 1987 000856 16. North Ridge Street - Avon Circle, Hawthorne Avenue, Maywood Avenue, Neuton Avenue, Ridge Boulevard, Argyle Road, Bobbie Lane, Berkeley Drive, West Ridge Drive, Winding Wood Road North, Meadowlark Road, Rockinghorse Trail, Sleepy Hollow Road, Fairlawn Parkway 17. Old Orchard Road - Berkeley Drive, Winding Wood Road North, Winding Wood Road South 18. Pine Ridge Road - Mohegan Lane, Mark Drive 19. Ridge Boulevard - Valley Terrace, Tamarack Road, Windwor Road 20. South Ridge Street - High Street, Garibaldi Place, Wyman Street, Dixon Street, Crescent Place, West William Street, Ellendale Avenue, Franklin Street 21. Tamarack Road - College Avenue 22. Westchester Avenue - Brook Lane, Division Street, Hawthorne Avenue 23. Winding Wood Road North - Churchill Road, Latonia Road, Old Orchard Road, Paddock Road 24. Winding Wood Road South - Churchill Road, Latonia Road, old Orchard Road, Paddock Road C. The following public streets or highways, or parts of streets or highways in the Village of Rye Brook, are designated as stop intersections and all vehicles approaching such stop intersections as hereby designated, shall, before entering same, come to a stop provided that signs bearing the word "Stop" are erected and maintained at or near the intersecting line of such artery of travel with the following intersecting streets: 1. Archer Drive - Concord Place 2. Beechwood Boulevard - Woodland Drive 3. Beechwood Rotary - Beechwood Boulevard, Hillandale Road, Edgewood Drive, Loch Lane, Woodland Drive 4. Berkeley Drive - Berkeley Lane, Winthrop Drive - 17 - July 14, 1987 ��yy rr,, y 0008 1 5. Bowman Avenue - Osborn Place (east side) 6. Comly Avenue - Magnolia Drive 7. Dorchester Drive - Boxwood Place 8. Garibaldi Place - West Street 9. Lawrence Drive - Parkwood Place 10. Roanoke Avenue - Westview Avenue 11. Rock Ridge Drive - Bobbie Lane, Jacqueline Lane 12. Rockinghorse Trail - Dorchester Drive 13. Sleepy Hollow Road - Lawridge Drive, Dorchester Drive 14. Valley Terrace - Argyle Road 15. West Street - Grant Avenue 16. Wyman Avenue - Wyman North D. The Board of Trustees may, by resolution, establish additional main arteries and stop intersections. 18. ONE-WAY STREETS A. A vehicle shall not proceed on a one-way street, except in the direction indicated by signs or other markings. B. The following streets shall be one way: 1. Barber Place a. One way from Bowman Avenue to Franklin Street. 2. Crawford Road a. One way from North Ridge Street to Lincoln Avenue. 3. Dixon Street a. One way from South Ridge Street to Highview Avenue. - 18 - i July 14, 1987 ®y rl M 4. Division Street a. One way from Bowman Avenue to Westchester Avenue. C. The Board of Trustees may, be resolution, establish additional one-way streets. 19. ONE-WAY EXITS AND ENTRANCES A. A vehicle shall not exit from Hawthorne Avenue on the west side of dividing island to Westchester Avenue except in the direction indicated by signs. B. A vehicle shall not enter from Westchester Avenue into Hawthorne Avenue on the east side of dividing island except in the direction indicated by signs. 20. ABANDONED VEHICLES A. When any vehicle is parked or abandoned on any public street or highway within the Village of Rye Brook during a snowstorm, flood, fire or other public emergency which effects that portion of the public street or highway upon which said vehicle is parked or abandoned, said vehicle may be ordered removed by the Mayor or Chief of Police of the Village of Rye Brook or peace officer in charge, and the cost of such removal shall be a charge against the owner. B. When any vehicle is found unattended on any public street or highway within the Village of Rye Brook where said vehicle constitutes an obstruction to traffic, said vehicle may be ordered removed by the Mayor or Chief of Police of the Village of Rye Brook or peace officer in charge, and the cost of such removal shall be charged against the owner. C. When any vehicle is parked or abandoned on any public street or highway within the Village of Rye Brook where stopping, standing or parking is prohibited, said vehicle may be ordered removed by the Mayor or Chief of Police of the Village of Rye Brook or peace officer in charge, and the cost of such removal shall be a charge against the owner. - 19 - i 000851 July 14, 1987 i 21. TRUCKS Every vehicle shall be so constructed or loaded as to prevent any portion of the contents from escaping there- from. No vehicle used to transport dirt or soil shall be operated or driven so as to permit dirt or mud to adhere to the wheels and be deposited in the public streets of the Village of Rye Brook. 22. PARADES All parades in the streets of the Village of Rye Brook and the playing of bands of music and exhibitions of any kind in said streets are prohibited, without a written permit from the Chief of Police who shall issue same if it is not dangerous to public safety and if there is not unreasonable interference with traffic. 23. VIOLATION AND PENALTIES Any person, firm or corporation violating any provision of this local law, may, upon conviction, be punished for the first offense by a fine not exceeding One Hundred ($100) Dollars; and for the second offense, by a fine of not less than Twenty-Five ($25) Dollars nor more than Two Hundred ($200) Dollars or by imprisonment for no more than fifteen (15) days, or both; and the third or any subsequent offense within eighteen (18) months may be punishable by a fine not exceeding Five Hundred ($500) Dollars or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment. 24. SEPARABILITY If any clause, sentence, paragraph of part of this local law or the application thereof to any person or circum- stances shall be adjudged by any court to be invalid, such judgment shall not effect, impair or invalidate any remainder thereof or the application thereof to other persons and circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered. - 20 - iJuly 14, 1987 aaa8Ga 25. REPEALER This local law shall be entitled the Vehicle & Traffic Law of the Village of Rye Brook and shall supersede Local Law #7 - 1984, and Local Law #3 - 1987, and any amendments thereto. 26. EFFECTIVE DATE This local law shall become effective upon filing with the Secretary of State, but not before August 1, 1987. PERMITTED USES IN DESIGNATED FLOOD PLAIN AREA This item relates to restrictions on construction in a flood plain area and specifically to the Betsy Brown subdivision, Mayor Kabcenell stated, adding that information regarding requested in order to this issue was requ hopefully resolve some of the questions which have araisen concerning what can and what cannot be built in a floodway, floodway fringe or flood plain. The Mayor added that some documentation which states how they deal with this issue was received from Harrison. The primary question is what, if anything, should be allowed to be placed in the various areas. Trustee Meiskin referred to the study done by the Army Corps of Engineers and felt that could be used as a guide; however, as the Mayor stated, it was the fringe area which had to be addressed -- what is acceptable in a fringe area. According to the report, all other accessory uses within a development had to be on fill, Trustee Meiskin offered to which the Mayor stated that in his interpretation of the report, he thought that in a floodway fringe, only habitable areas had to be a certain height. The definition of the word "structure" differs Mayor Kabcenell stated; under FEMA, a structure has walls and a roof. 21 - July 14, 1987 00086 If a swimming pool were built and it got flooded, the consenses would be that it should have been built higher, Trustee Meiskin offered, adding that if the pool was elevated. . . Mayor Kabcenell said constructing an elevated pool would impede the flow of water. Mr. ten Eicken contributed that when an application for a building permit in a flood plan area came through the Building Department, it had to be considered individually. At present, he said, he refers certain applicants to the Westchester County Department of Public Works and they are advised to have the rim of the swimming pool above the 10 year flood level and they are also advised as to the proper placement of the pool. Relative to the Betsy Brown Subdivision Resolution, Mr. ten Eicken noted, it was stated that . . ."no structures may be built in the 100 year flood plain." Since construction in a floodway fringe area is regulated by the Flood Plain Manage- ment Regulation, and in order to further avoid restricting the use of private property, he suggested the County guide- lines be followed. In answer to a question raised by Trustee Filipowski, Attorney Kramer replied that the Flood Management Regulations were adopted by the State and have have studied this at length. Our Zoning Ordinance does not address this issue, but the recent local law which was just adopted does, she explained, adding that the Federal Government has defined the meaning of "structure" and what was allowed to be built with certain specifications. To do a better job than the Federal Government would be difficult, Ms. Kramer concluded, adding that the word "structure" would just have to be redefined. This restriction was placed because of complaints from residents regarding flooding in their homes and yards, Trustee Cresenzi reported, adding that as long as the people are aware the condition exists. Notice could be given in the deed when property is conveyed, Attorney Kramer stated, that a portion of the property is in the 100 Year Flood Plain. This would be good for the people down the road, she added, after the developer has finished with the subdivision. 22 - July 14, 1987 000862 In answer to Trustee Nardi's questions, Mr. ten Eicken responded that if someone wanted to build in a floodway or along the Brook, he would not issue a building permit; they would have to go to Westchester County Department of Public Works and they may be issued a permit from them. The new Village Engineer will be able to determine what has to go to the County, he added. Trustee Filipowski questioned if this would correct anything which already existed to which Trustee Meiskin responded not really; the Village may just be too far beyond FEMA's restrictions. To answer a question raised by Mr. Bernard Klem, the Mayor noted that a new buyer should have a right to know that this area has more restrictive covenants than other areas and Attorney Kramer added there are more stringent requirements to build; therefore, it would be more expensive to build in this particular area. Mayor Kabcenell concluded that the purchaser has the right to know what he can or cannot do. Mr. Ken Heller stated that he was not in favor of Federal regulations setting the tone for the Village of Rye Brook, to which the Mayor responded that the issue is not, "Can we be more restrictive, but should we be more restrictive" . . . (than FEMA) . Mayor Kabcenell then requested that the necessary documents be prepared for the July 28th meeting. x * * x LUNDELL - RYE BROOK TOWNHOUSES Mayor Kabcenell briefly mentioned that a letter was received from Mr. Frederico stating that he had not received the necessary data in order to proceed with his written report. He added that the matter will be discussed further at the July 28th meeting. - 23 - 006$63 July 14, 1987 Mayor Kabcenell then proceeded to announce the items which would be on the agenda for the July 28th meeting as follows: 1. Planning Board's Authority 2. Lease Revisions for the Village Offices 3. Report on Gregory Austin's success on becoming an Advanced Emergency Medical Technician III. 4. Salary Authorization for summer staff in the Recreation Department 5. Status Report on Recreation Master Plan 6. Appointment of Village Assessor and Director of Public Works/Building Inspector At this time, Trustee Nardi questioned the status of the Elks Club application for tax exemption, to which Attorney Kramer stated that she has received no reply to her letter. ADJOURNMENT On motion by Trustee Filipowski, seconded by Trustee Cresenzi, it was unanimously resolved to adjourn into Executive Session at 8:50 P.M. to discuss personnel matters. Respectfully submitted, 7 Jean A. Marra Deputy Village Clerk 24 -