Agenda PDF

Transcription

Agenda PDF

Village of Mamaroneck
123 Mamaroneck Ave., Mamaroneck, NY 10543
ph: (914) 777-7700
Board of Trustees Agenda
VILLAGE OF MAMARONECK BOARD OF TRUSTEES AGENDA
May 16, 2016 AT 5:30 PM - Worksession Courtroom At 169 Mt. Pleasant Avenue
NOTICE OF FIRE EXITS AND REQUEST TO TURN OFF ELECTRONIC DEVICES
OPEN MEETING
1.
DISCUSSION ITEMS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Police Department Issues (it is anticipated that a portion of this discussion should be
held in Executive Session)
Planning Department Study and Report of Development Impacts and School Age
Child Generation
Planning Board Report and Recommendations on FAR Elevations and Corner Lot
Provisions
Copier Lease for Village Offices
Liability Insurance Renewals or New Insurers - Must be Determined by May 23, 2016
Authorization to Establish Start-Up Cash for Beach and Parking
Update on Ralph's Electric License for Loading Dock and Next Steps
Update on Field User Fees for the Mamaroneck School District
Field User Fees for all Users at Harbor Island
Update on Mooring Fees with Larchmont Yacht Club
Update on Mooring Fees with Private Homeowners Using our Channel
Update on the Single Space Meters Trial for Mamaroneck Avenue and Clarification as
to the Placing of Multispace Meters
Security Cameras for Public Areas - Mamaroneck Avenue, Boston Post Road,
Halstead Avenue, RR Parking Lots etc.
Resolution in Honor of the Annual Celebration of Arbor Day
Resolution Authorizing the Year End Transfers Between Accounts
Dog Permits
Tree Watering Program
Harbor Island Park Field Irrigation
MEMS (status of retaining consultant)
Washingtonville Traffic Study (status of retaining consultant)
Sewer Laterals
Noise Law
Parking- Rates and Hours and Hours on Mamaroneck Avenue
Donation to Marine Education Center
Sign Law
Z.
2.
Consideration of Authorization for the Village to Act as a Provider to Sell EZ Passes
EXECUTIVE SESSION-ADVICE OF COUNSEL
A.
Executive Session - Advice of Counsel
ADJOURN
ANY HANDICAPPED PERSON NEEDING SPECIAL ASSISTANCE IN ORDER TO ATTEND THE
MEETING SHOULD CALL THE VILLAGE MANAGER'S OFFICE AT 914-777-7703
All Board of Trustee Regular, ZBA, Planning Board, and HCZM Meetings are Broadcast Live on LMCTV:
Verizon FIOS Channels 34, 35 & 36
Cablevision Channels: 75, 76 & 77
And Streamed on the Web: www.lmc-tv.org
Village of Mamaroneck, NY
Item Title:
Police Department Issues
Item
Summary:
Police Department Issues (it is anticipated that a portion of this discussion should be held
in Executive Session)
Fiscal
Impact:
Item Title:
Planning Department Study and Report of Development Impacts and School Age Child
Generation
Item
Summary:
Planning Department Study and Report of Development Impacts and School Age Child
Generation
Fiscal
Impact:
ATTACHMENTS:
Description
Final School Study
Upload Date
5/12/2016
Type
Cover Memo
Population, Life Cycle, and
Development impacts on
School Enrollment
V I L L A G E O F M A M A R O N E C K P L A N N I N G D E PA R T M E N T
C U M U L AT I V E I M PA C T S T U D Y
F O R I N T E R A C T I V E V E R S I O N P L E A S E V I S I T: H T T P : / /A R C G . I S / 1 Q W C C F Z
Enrollment 2000-2014- Mamaroneck UFSD
2014-2015
1,482
1,399
1,194
1,203
1,118
1,069
474
473
507
658
514
529
M A M ARON ECK AV E N UE
SCHOOL
3,817
2004-2005
3,299
2000-2001
3,504
+518 from 2000-2015
15.7% from 200-2015
Annual Average ~1%
MAMARONECK DISTRICT GROWTH
CE N T RAL SCHOOL
HOM M OCKS SCHOOL
M A M A RON ECK HIGH
S CHOOL
TOTA L
*Excluding schools that do not serve Village of Mamaroneck children.
*Enrollment numbers include students that live in Town of Mamaroneck and Village of Larchmont.
Source: NYS School Report Cards 2000, 2005, and 2014 NYSED. https://reportcards.nysed.gov
Enrollment 2000-2014- Rye Neck UFSD
2014-2015
FE BE LLOWS
RY E N ECK M ID D LE
SCHOOL
453
386
339
346
453
407
395
348
366
350
234
224
DAN IE L WARRE N
1,544
2004-2005
1,336
2000-2001
1,421
+208 from 2000-2015
15.5% from 2000-2015
Annual Average ~1%
RYE NECK DISTRICT GROWTH
RY E N ECK HIGH S CHOOL
TOTA L
* Enrollment numbers include students that live in City of Rye.
Source: NYS School Report Cards 2000, 2005, and 2014 NYSED. https://reportcards.nysed.gov
Percentage of School Age Children by
Municipality Mamaroneck School District
Percentage of School Age Children by
Municipality: 2010
32%
Larchmont
43%
25%
Source: 2010 Census
Town of Mamaroneck
(Unincorporated)
School Age Children as Percentage of Population
Mamaroneck School District
Village of Mamaroneck School Age
Children as Percentage of Population
Village of Larchmont School Age
17%
Ages 5-18
All other ages
Total Population: 11,315
School Age: 1,933
22%
25%
75%
83%
Town of Mamaroneck School Age
Ages 5-18
78%
All other ages
School Age: 1,492
Ages 5-18
All other ages
School Age: 2,587
*Rye Neck populations excluded from Village of Mamaroneck Calculation.
*Town of Mamaroneck School Age Population refers to unincorporated town. Includes portions of population that attend New Rochelle School District.
Source: 2010 Census
School children generation in recent
multifamily developments | Local Multipliers
Data were provided by the
Mamaroneck Union Free
School District and Rye Neck
Union Free District on the
number of children in each
development, and then
applied to various proposed
and recently approved
developments within the
Village of Mamaroneck.
Location
Avalon (Rentals)
Fairway Green (Townhouse)
# of Students
# of Units
25
4
Parkview Station
4
Condos (Combined)
8
Source: Mamaroneck Union Free School District.
225
0.11
53
0.09
90
0.04
50
0.08
140
0.06
5
Sweetwater Condos
TOTAL
Multiplier
38
School age children projections- Proposed Developments
Source: Rutgers University, Center for Urban Policy Research Residential Demographic Multipliers (for New York) http://www.dataplace.org/static/pdfs/NEW%20YORK%20multipliers.pdf
Development Context- Rye Neck UFSD
 No new multi-family developments in Rye Neck from 2000-2015.
 Three major developments in past thirty years:
Continental Manor 1988-39 Units
Rye Wood Farms 1986-40 Units
Barrymore 1988-37 Units
Development Context- Mamaroneck UFSD
 Multiple developments have occurred within Mamaroneck UFSD since 2000 including the
Avalon, Sweetwater Condos, and Parkview Station.
 Three multifamily developments had considerably low school child generation rates- lower
than the Rutgers multiplier.
Demographic Shifts- Race & Ethnicity
Race
2000 (% of Population)
2010 (% of Population)
Change
White Non-Hispanic
73.6
65.3 -8.3%
Black Non-Hispanic
3.5
3.6 +0.1%
17.7
24.3 +6.6%
3.5
4.8 +1.3%
Hispanic
Asian
Census 2000 Race & Ethnicity
Chart
Census 2010 Race & Ethnicity
Chart
3.5
4.8
17.7
24.3
3.5
73.6
3.6
65.3
White Non-Hispanic
Black Non-Hispanic
White Non-Hispanic
Black Non-Hispanic
Hispanic
Asian
Hispanic
Asian
Source: 2000 & 2010 Census data for tracts within Village of Mamaroneck
Existing housing types
Village of Mamaroneck | Housing Types by Property
3%
9%
17%
71%
Apartments/Mixed Use/ Co-ops
Single Family
Two Family
Three & Four Family
Class Size
Mamaroneck Union Free School District Common Branch: 22
Rye Neck Common Branch: 21
Westchester County Common Branch: 22
Cost Benefit Analysis-Existing Developments
Mamaroneck UFSD
Complex
Avalon
Fairway Green
Sweetwater
Parkview Station
Regatta
Rye Neck UFSD
Continental Manor
Barrymore
Top of the Ridge
Total School Tax Actual
Students
$638,982.82
$482,308.55
$271,471.65
$156,925.46
$242,634.61
Pupil Spending
Difference
25
$556,517.25
$82,465.57
5
$111,303.45
$371,005.10
4
$89,042.76
$182,428.89
4
$89,042.76
$67,882.70
21
$467,474.49
($224,839.88)
$123,998.67
$83,851.25
$377,198.82
5
2
17
$105,559.48
$42,223.79
$358,902.22
Total:
$18,439.19
$41,627.46
$18,296.60
$557,305.63
Total annual tax benefit to the Mamaroneck UFSD: $478,942
Total annual tax benefit to the Rye Neck UFSD: $78,363
Per pupil spending was calculated as spending derived from local property taxes and excludes all other funding streams including state funding and grant funding.
School tax spending was provided by the receiver of taxes in both the Town of Rye and Town of Mamaroneck.
*The Regatta school tax deficit will likely be reduced or non-existent in coming years as condominiums are converted from affordable to market rate.
Cost Benefit Analysis- Proposed
Developments
Mamaroneck UFSD
Proposed Developments
690 Mamaroneck Ave
620 W Boston Post Road
270 Waverly Avenue
532 Boston Post Rd
Rye Neck UFSD
422 E Boston Post Road
Estimated School Tax Revenue Forecast Students Pupil Spending
Difference
$67,200.00
2
$44,521.38
$22,678.62
$21,280.00
1
$22,260.69
($980.69)
$296,256.80
11
$244,867.59
$51,389.21
$97,255.20
1
$22,260.69
$74,994.51
$81,559.80
1
$21,111.90
Total:
$60,447.90
$208,529
Mamaroneck UFSD Benefit: $148,081
Rye Neck UFSD Benefit: $60,448
Per pupil spending was calculated as spending derived from local property taxes and excludes all other funding streams including state funding and grant funding.
Student forecast is derived from local school children data provided by Mamaroneck UFSD and Rye Neck UFSD.
Assessed value was calculated using archetypal assessment calculations. For example apartments were estimated to be assessed at a rate $200 per square foot. The current tax rate for each school
district was applied to the estimated assessment to forecast property tax derived revenue.
Conclusions
• Turn over of single-family homes to younger families has a larger impact on the number of school age children than
multi-family development, including both rentals and owner-occupied developments.
• Village of Mamaroneck has high performing school districts that will likely continue to attract young new families to
single-family homes.
• New multi-family development has had limited impact on school districts.
• Rye Neck has experienced 16% growth rate over the past ten years, with virtually no multi-family development within
the same period.
• Mamaroneck School district has also experienced a 16% growth rate over the same period while constructing 133
new multi-family residential units.
• Tax benefits outweigh tax burdens for multi-family developments.
• Further analysis required to calculate tax burden of detached single family home development. However, given the
higher levels of school child generation associated with single family homes, it is expected that they will have a higher
tax burden then multi-family homes.
Item Title:
Provisions
Item
Summary:
Provisions
Fiscal Impact:
ATTACHMENTS:
Description
Memo
Supporting Documents
Upload Date
5/10/2016
5/10/2016
Type
Cover Memo
Cover Memo
Planning Board
Memo
To:
Board of Trustees
From:
Planning Board
Date:
May 1, 2016
Re:
Referral
You have asked us for recommendations relating to
 FAR and bulk requirements
 Elevations
 Corner lot requirements,
and any other issues, primarily in residential districts around the village.
We are ready to make two recommendations right now. Other recommendations require further
study by our planning department, or further discussions with the Building Inspector, who was away for our
last meeting.
We thought it best to communicate certain recommendations immediately, while we will
communicate others in the near future.
FAR and Bulk Requirements
During the course of our review of subdivision applications, we have repeatedly faced problems
with developers seeking to build large homes on small lots, particularly in the R-5 zoning district.
Although the Planning Board sees only those cases that require subdivisions, we have noticed the
construction of McMansions throughout the village. The village last addressed this problem in 2008,
when it reduced FARs in most zoning districts, but our sense is that the 2008 changes did not go nearly
far enough. The authorized FAR in many areas enables construction of new homes that dwarf existing
homes and that are out of character with the neighborhood. We will conduct further study to examine
alternative approaches to FAR, but the following recommendations would remain at the top of our list
regardless of our ultimate approach to FAR. We recommend that the Board of Trustees consider these
recommendations as soon as practicable.
(1) The first, simple step we recommend, without reservation, is elimination of the 400 square foot
garage exemption built into the current code. (See Section 342-3; Definition of Floor Area, Gross,
subdivision (3)), This exemption expands the FAR in every zoning district, but it is particularly a problem
in the R-5 and R-6 districts, where lot sizes are smaller. Because the 400 square foot exemption is the
same in every district, it has a much greater effect in those districts with smaller lots. For instance, in the
R-5 district, the garage exemption increases the maximum building size on a standard 50 x 100 lot by
15%, while in an R-15 district, the garage exemption increases the maximum building size on a 15,000
square foot lot by only 7 ½%.
The problem with the garage exemption is not merely with bulk. The garage exemption is
changing the aesthetic appeal of our neighborhoods. As long as a builder can build a two-car garage
without sacrificing any living space, builders will build two-car garages. On most 50x 100 or 60 x 100 lots,
the most feasible way to build a two-car garage is by having the garage doors dominate the front
landscape of the house; the lots are not large enough to permit side entry. We do not suggest that the
code should prohibit front-entry garages, but we do not think the code should provide incentives for
builders to have garage doors become the dominant architectural feature of new homes in the village.
The garage exemption presents another problem: it creates enforcement issues if a homeowner
subsequently converts the “garage” into living space, subverting the FAR requirements in the district. The
building department will not be in a position to examine the interior of all homes to make sure that
garages remain garages.
For these reasons, we urge you to delete the 400 square foot garage exemption from the zoning
ordinance in every zoning district – not just the R-5 District.
(2)
We recommend that the village eliminate the R-5 District altogether and rezone the entire R-5
District R-6. At the same time, we recommend that the village amend the side setback requirements in
the R-6 district to match the current setback requirements in the R-5 district: 6 feet on one side and 14
feet combined. These changes would have very little effect on existing homes. First, the R-6 district
currently includes only 19 parcels (compared with 1627 parcels in the R-5 district), so that the change in
setbacks in the R-6 district would have negligible impact. Second, in the R-5 district, the change would
have little effect on existing homes, because even if the lots were smaller than permitted in an R-6 district,
the lots would all be “grandfathered.” If the R-6 district maintains the same side setback requirements as
we currently maintain in the R-5 district, homeowners with small homes who want to expand them within
the confines of existing setback and FAR requirements would not be increasing the nonconformity, and
would not need a variance.
The principal advantage of this option would be that it would curtail the subdivision of large lots
into smaller ones in order to cram more houses into an existing area. The Planning Department study
reveals that the average lot size in the R-5 district is 7844 square feet and the median lot size is 6800
square feet. Our current R-5 regulations permit construction on lots that are 5000 square feet in size – far
smaller than the average lot size in the district. Eliminating the R-5 district and rezoning the entire district
R-6 would require a minimum lot size more in keeping with current lot sizes; most homes in the district
2
have more square footage than the 6000 square feet we propose (although many of them do not have 60
feet of frontage)
This recommendation is consistent with practices in a number of other municipalities. Our
planning department’s study reveals that in municipalities like Elmsford, Pelham, Scarsdale, and
Tarrytown, very few areas are zoned R-5. A rezoning in Mamaroneck would move the village closer to
the norm.
Rezoning the current R-5 district to R-6 would also reduce the FAR in the district from .55 to .5.
We believe that is certainly a step in the right direction, but we note that in the vast majority of
municipalities studied by the planning department, the FAR in both R-5 and R-6 districts is smaller than
.5. We will continue to study whether we should reduce FAR any further, but these two recommendations
-- eliminate the garage exemption and rezone the R-5 district to R-6 – would be an important first step in
retaining the character of the village.
Other Matters
Calculating FAR
We are continuing to study section 342-3’s exclusion from floor area ratio of “cellar and basement
areas where the average height of all exposed exterior wall or walls is less than three feet measured from
the existing grade prior to construction.” We believe this provision is subject to considerable
manipulation, and we believe it could be improved. We need to have further discussions with our Building
Inspector before we formalize a recommendation.
Elevations
We also believe that the current ordinance’s direction that building height be measured from “the
average level of the existing grade prior to construction adjacent to the exterior walls of the building”
generates anomalous results, and is also difficult to enforce. Again, we need to explore this issue further
with the Building Inspect before making a final recommendation.
Corner Lots
Although the Planning Department conducted a preliminary study of corner lots, we have asked
the Planning Department to prepare a study with a larger sample before we make final recommendations
about corner lots.
On each of these matters, we hope to have recommendations to you within the next 30-45 days.
We do believe, however, that there is every reason to consider the first two recommendations as
expeditiously as feasible.
3
Residential Zoning Descriptive Analysis
The purpose of this analysis is to assist the Village of Mamaroneck Planning Board in their recommendation
to the Board of Trustees regarding potential issues with FAR, setbacks, corner lots, and other aspects of the
zoning ordinance as they pertain to residential properties.
This analysis will look at:
 FAR comparison with nearby communities
 Lot size analysis by zone
 Corner lot setback analysis
Planning Department
FAR Comparison- nearby communities
Zone
R-20
R-15
R-10
R-7.5
R-6
R-5
VOM TOM (1)
Bronxville (2) Croton (3) Elmsford (4) Irvington (5) Pelham (6)
Portchester
Rye
Scarsdale (7) Tarrytown
0.3
0.28
0.27
N/A
N/A
0.2
N/A
0.35
0.2
0.29
0.26
0.35
0.334
0.32
N/A
N/A
0.24
N/A
N/A
0.3
0.35
0.29
0.4
0.43
0.37
0.4
0.33
0.2
0.35
N/A
0.3
0.35
0.35
0.45
0.5
0.42
N/A
0.38
0.35
N/A
0.5
0.35
0.47
0.4
0.5
0.55
0.45
N/A
0.4
0.39
0.4
N/A
0.4
0.45
0.41
0.55
0.55
0.47
0.55
0.43
0.43
0.45
0.6
0.5
0.43
0.43 (8)
(1) - Uses sliding scale for actual lot sizes - maximum size of single and two family homes by increments of 1,000 lot area
(2) - minimum lot size for single homes is 12,000 sf - also uses sliding scale similar to TOM
(3) - also has the ability to calculate FAR for over and undersized lot by multiplying the FAR for the zoning district in which the home is located by the lot size.
(4) - small two block area - not comparable
(5) - Uses sliding scale for actual lot sizes - maximum size of single and two-family homes by increments of 1,000 lot area - only covers 3 small older areas
(6) - smaller older areas zoned for 5,000 sf in downtown business district
(7) - uses sliding scale - only two area - relatively small number of 5,000 sf lots
(8) - small two block area - not comparable
Other municipalities reviewed: Dobbs Ferry, Larchmont, Harrison, Hastings, Pleasantville, Rye Brook
Lot size analysis by zone
Zone
Minimum Lot
Size
Average Lot
Size*
# of properties
below minimum
lot size
# of Residential
Properties *
% of All
Residential
Properties *
R-2F
3,750 sf per
dwelling unit
7,166 sf
NA
148
19%
R-4F
2,500 sf per
dwelling unit
5,398 sf
NA
653
4%
R-5
5,000 sf
7,844 sf
189 (12%)
1627
47%
R-6
6,000 sf
9,553 sf
2 (11%)
19
1%
R-7.5
7,500 sf
12,621 sf
36 (19%)
185
5%
R-10
10,000 sf
15,603 sf
28 (13%)
218
6%
R-15
15,000 sf
19,280 sf
189 (55%)
346
10%
R-20
20,000 sf
31,883 sf
71 (29%)
248
7%
*Average lot size includes only properties that are currently residential and excludes properties that have non conforming uses. Condominium
properties and townhomes were also excluded due to their below average lot sizes.
*Multiple residence zones and condominiums were excluded from “residential properties.”
Corner Lot Analysis
Suggestions have been made that corner lots should have two frontages, and thereby must comply with
two front yard setbacks. For the first analysis the Planning Department has looked at whether such a
change will either increase, decrease, create, or have no effect on dimensional non conformity.
The analysis looks at corner lots in all residential zones and applies two front yard setbacks for the selected
properties. In some zones, namely the R-5 and R-2F, an analysis of every property is not possible due to the
large number of corner lots. To compensate for this, a random* sample of thirty properties were chosen in
an effort to represent the larger “population” of R-5 properties.
*Properties were not chosen based on whether or not they will increase non conformity, but were
selected to represent diversity in terms of location and lot size.
Corner Lot Summary Table
Zone
Existing Non
Conforming
Will
Remain Conforming
Increasing Non
Conformity
Creating
Nonconformity
Increasing and
Creating Non
Conformity
Sample Size
R-2F
10%
3%
77%
10%
87%
30 out of 136
R-4F
0
0
67%
33%
100%
6
R-5
23%
13%
27%
37%
64%
30 out of 310
R-6
NA
NA
NA
NA
NA
NA
R-7.5
7%
31%
35%
27%
62%
26 out of 37
R-10
32%
52%
12%
4%
16%
25
R-15
33%
37%
27%
3%
30%
30 out of 84
R-20
NA
NA
NA
NA
NA
NA
R-2F Corner Lot Analysis
Assuming two front yard setbacks at 20 feet
Assuming six foot side yard setbacks
Existing building footprints in red
Building envelopes in green
30 random selected properties out of approximately 136 properties
R-2F conformity with two front yard
setbacks
Result
Number
Percentage
Creating Non Conformity
3
10%
Increasing Non Conformity
23
77%
Existing Non Conforming (no increase)
3
10%
Will Remain Conforming
1
3%
87% of properties in sample will either become non conforming or will have increased non conformity.
As two twenty foot setbacks would be more restrictive it is not possible to see an increase in conformity.
R-2F Corner Lots
7,641 SF Lot
English & Halstead
5,614 SF Lot
Palmer & Delancey 1
5,930 SF Lot
Hunter & Halstead 1
R-2F Corner Lots
6,232 SF Lot
Union & Ward
8,104 SF Lot
Cedar & Third
5,046 SF Lot
Meadow & Third
R-2F Corner Lots
5,049 SF Lot
Meadow & Second 1
4,979 SF Lot
Meadow & Second 2
5,047 SF Lot
Fourth & Franklin 1
R-2F Corner Lots
4,968 SF Lot
Fifth & Franklin 1
5,272 SF Lot
Fourth & Franklin 2
3,356 SF Lot
Second & Barry
R-2F Corner Lots
4,796 SF Lot
Second & Meadow
4,817 SF Lot
Franklin & Florence
4,895 SF Lot
English & Franklin
R-2F Corner Lots
6,322 SF Lot
Hunter & Halstead 2
7,487 SF Lot
Hillside & Jefferson
4,965 SF Lot
Cedar & Jefferson
R-2F Corner Lots
7,704 SF Lot
Hunter & Barbara
7,293 SF Lot
Jefferson & Barry
5,933 SF Lot
Halstead & Fifth
R-2F Corner Lots
4,761 SF Lot
Fifth & Franklin 2
6,933 SF Lot
Palmer & Fulton 1
5,933 SF Lot
Existing Non Conforming (No Increase)
Palmer & Heathcote 1
R-2F Corner Lots
5,848 SF Lot
Palmer & Fulton 2
9,777 SF Lot
Hall & Royal
4,785 SF Lot
Palmer & Delancey 2
R-2F Corner Lots
5,952 SF Lot
Rockland & Woodbine
7,968 SF Lot
Palmer & Heathcote
4,958 SF Lot
Existing Non Conforming (No Increase)
Andrew & Louise
R-4F Corner Lot Analysis
All (six) applicable corner lots chosen (two lots that are 25 feet wide were left out, but would be
barred from any development if required to have two front yard setbacks).
R-4F conformity with two front yard
setbacks
Result
Number
Percentage
2
33%
4
67%
0
0
100% of corner properties will either become non conforming or will have increased non conformity.
R-4F Corner Lots
6,218 SF Lot
Grand & Plaza
4,650 SF Lot
Madison & Plaza
4,195 SF Lot
Waverly & Plaza
R-4F Corner Lots
5,550 SF Lot
Alling & Grand 1
2,939 SF Lot
Alling & Grand 2
18,394 SF Lot
Creating Non Conformity (slight)
Center & Plaza
R-5 Corner Lot Analysis
30 randomly selected properties out of approximately 310 properties
R-5 conformity with two front yard
setbacks
Result
Number
Percentage
11
37%
8
27%
7
23%
4
13%
R-5 Corner Lots
4,844 SF Lot
Henry & Hunter
5,917 SF Lot
Tompkins & Dubois
6,132 SF Lot
Villa & James
R-5 Corner Lots
6,377 SF Lot
Rose & West
6,132 SF Lot
Beach & Walnut
6,133 SF Lot
Existing Non Conforming Side Setback
Henry & West 1
R-5 Corner Lots
6,144 SF Lot
Royal & Old Boston Post
7,393 SF Lot
Existing Non Conforming Side Yard
Delancey & Munro
7,352 SF Lot
Jefferson & Wood
R-5 Corner Lots
7,684 SF Lot
Hunter & Park 1
7,523 SF Lot
James & Grant
7,672 SF Lot
Teresa & Mamaroneck
R-5 Corner Lots
7,893 SF Lot
Create Non Conformity
Beechwood & Mamaroneck
7,618 SF Lot
Existing Non Conforming
Fenimore & Bishop
7,836 SF Lot
West & Henry 2
R-5 Corner Lots
9,122 SF Lot
Barry & Brook 1
9,767 SF Lot
Existing Non Conforming- No Increase
Barry & Brook 2
6,666 SF Lot
Harold & Jefferson 1
R-5 Corner Lots
4,943 SF Lot
Park & Fifth
7,506 SF Lot
Lorena & Wagner 1
6,627 SF Lot
Lorena & Wagner 2
R-5 Corner Lots
7.601 SF Lot
Hinman & Melbourne
4,777 SF Lot
Henry & Florence
8,219 SF Lot
Lorraine & Jefferson
R-5 Corner Lots
5,673 SF Lot
Harold & Jefferson 2
4,921 SF Lot
Hunter & Park 2
9,124 SF Lot
Henry & West 3
R-5 Corner Lots
4,772 SF Lot
Sherman & Stoney Brook
5,009 SF Lot
Henry & Hunter
9,124 SF Lot
Harrison & Osborn
R-7.5 Corner Lot Analysis
Assuming ten foot side yard setbacks
26 randomly selected and viable properties out of 37 properties
(church properties and large apartment buildings were excluded after examination of 30
randomly selected properties)
R-7.5 conformity with two front yard
setbacks
Result
Number
Percentage
7 27%
9 35%
2 7%
8 31%
As two twenty five foot setbacks would be more restrictive it is not possible to see an increase in conformity.
R-7.5 Corner Lots
7,687 SF Lot
Cortlandt & Delancey
7,854 SF Lot
Munro & Delancey
10,758 SF Lot
Stuart & Barry
R-7.5 Corner Lots
8,533 SF Lot
Harbor Hill & Lawn Terrace
9,653 SF Lot
Lawn Terrace & Guion
8,970 SF Lot
Guion & Barry 1
R-7.5 Corner Lots
10,024 SF Lot
Guion & Barry 2
15,582 SF Lot
Guion & Guion
7,992 SF Lot
Guion & Barry 3
R-7.5 Corner Lots
14,462 SF Lot
Stuart & Barry 2
9,871 SF Lot
Lawn Terrace & Harbor Hill 2
11,303 SF Lot
Stuart & Barry 3
R-7.5 Corner Lots
7,766 SF Lot
Stuart & Barry 4
9,309 SF Lot
Sophia & Stuart
8,941 SF Lot
Lawn & Stuart
R-7.5 Corner Lots
10,335 SF Lot
Guion & Barry 4
18,066 SF Lot
Baldwin & Rockland
7,097 SF Lot
Cortlandt & Fenimore
R-7.5 Corner Lots
7,468 SF Lot
Cooper & Old Boston Post Rd
16,188 SF Lot
Delancey & Cortlandt 2
12,325 SF Lot
Munro & Delancey 2
R-7.5 Corner Lots
11,648 SF Lot
Old Post Ln & Old Boston Post Rd
17,446 SF Lot
Old Post Ln & Old Boston Post Rd
9,785 SF Lot
Old Boston Post Rd & Cooper
R-7.5 Corner Lots
5,814 SF Lot
Cortlandt & Delancey 2
10,376 SF Lot
Cortlandt & Rockland
Assuming 12.5 foot side yard setbacks
All 25 applicable R-10 properties selected
setbacks
Result
Number
Percentage
1
4%
3
12%
8
32%
13
52%
R-10 Corner Lots
12,469 SF Lot
Shore Acres & Creek
12,303 SF Lot
Shore Acres & Barry
14,329 SF Lot
Old Boston Post Rd & Cooper
R-10 Corner Lots
13,555 SF Lot
The Parkway & Barry
64,390 SF Lot
Soundview & Barry
15,506 SF Lot
The Parkway & Barry 2
R-10 Corner Lots
9,941 SF Lot
Alda & Barry
8,972 SF Lot
Soundview & Barry 2
22,483 SF Lot
The Parkway & Creek
R-10 Corner Lots
13,802 SF Lot
Soundview & Creek
11,282 SF Lot
The Parkway & Creek 2
10,714 SF Lot
Shore Acres & Creek
R-10 Corner Lots
18,176 SF Lot
15,777 SF Lot
Shore Acres & Barry 2
9,463 SF Lot
Barry & Shore Acres
R-10 Corner Lots
17,164 SF Lot
The Parkway & Alda
13,108 SF Lot
Shore Acres & The Parkway
10,689 SF Lot
R-10 Corner Lots
27,024 SF Lot
Shore Acres & The Parkway 2
13,172 SF Lot
Alda & The Parkway
11,090 SF Lot
Soundview & Creek 2
R-10 Corner Lots
10,424 SF Lot
Shore Acres & Oakhurst
16,122 SF Lot
Shore Acres & Oakhurst
15,480 SF Lot
Shore Acres & Barry
R-10 Corner Lots
9,138 SF Lot
Shore Acres & The Parkway
Assuming 17.5 foot side yard setbacks
30 randomly selected properties out of 84 properties
setbacks
Result
Number
Percentage
1
3%
8
27%
10
33%
11
37%
R-15 Corner Lots
12,888 SF Lot
Shadow & Taylors Ln
14,707 SF Lot
Taylors Ln & Barrymore
13,246 SF Lot
Taylors Ln & Barrymore
R-15 Corner Lots
15,354 SF Lot
Fairway & Rushmore
7,580 SF Lot
Walton & Fairway
24,462 SF Lot
Walton & Fairway 2
R-15 Corner Lots
13,110 SF Lot
Fairway & Claflin
11,952 SF Lot
Seney & Claflin
28,449 SF Lot
Orienta & Sylvan
R-15 Corner Lots
14,683 SF Lot
Seney & Claflin 2
14,221 SF Lot
Seney & Claflin 3
11,478 SF Lot
Toni & Sylvan
R-15 Corner Lots
12,852 SF Lot
Toni & Sylvan 2
11,335 SF Lot
Protano & Orienta
12,198 SF Lot
Rushmore & Bleeker
R-15 Corner Lots
12,523 SF Lot
Oakwood & Bleeker
11,591 SF Lot
Port & Bleeker
30,496 SF Lot
Orienta & Fairway
R-15 Corner Lots
11,733 SF Lot
Port & Bleeker
12,562 SF Lot
Orienta & Protano 2
40,401 SF Lot
Walton & Forest
R-15 Corner Lots
16,797 SF Lot
Walton & Seney
10,937 SF Lot
Rushmore & Sylvan
9,821 SF Lot
Rushmore & Bleeker 2
R-15 Corner Lots
12,354 SF Lot
Claflin & Bleeker
20,539 SF Lot
Rushmore & Forest
7,078 SF Lot
Walton & Seney 2
R-15 Corner Lots
12,921 SF Lot
Stiles & Rushmore
14,979 SF Lot
Walton & Stiles
13,326 SF Lot
Rushmore & Claflin
Given the large area afforded to R-20 properties they were excluded from this analysis.
From a desktop review of R-20 corner lots it appears there will be limited increase in nonconformity if two front yard setbacks were imposed.
Village of
Mamaroneck
Planning Department
Memo
To:
Planning Board
From:
Gregory Cutler, Assistant Village Planner
Cc:
Village Planner, Robert Galvin, AICP
Date:
4/27/16
Re:
Additional analysis on FAR, elevations, and corner lots in residential zones
To follow up on questions regarding the report on FAR and corner lots in residential zones, the
Planning Department has conducted additional descriptive analyses to further aid the Planning
Board in their recommendation to the Board of Trustees.
The review of lot sizes revealed that the average lot size within the R-5 zone is 7,844 sf.
Based on this information the Planning Board discussed the possible elimination of the R-5 zone
during its meeting on 4/13/16. To further analyze this, the Planning Department has prepared
the following information on the various “neighborhoods” within the R-5 zone and their
accompanying average lot sizes. Additionally, the Planning Department has analyzed the
frontage on many of the larger than average properties in the R-5 zone. Lastly, the Planning
Department has compiled the median lot size for each zone to better represent the central
tendencies of the properties.
R-5 Neighborhoods & Frontages
To frame the spatial analysis the Planning Department separated R-5 properties by
neighborhoods. There are a number of ways to spatially organize or define neighborhoods.
For example, the neighborhood divisions could be made by separating contiguous sections of
the R-5 zone and analyzing each of those. However, the framework used for this analysis
separated R-5 properties by neighborhoods as defined in the Comprehensive Plan. This was
done in order to remain consistent with the Village’s existing delineations of neighborhoods.
The neighborhood map from the Comprehensive Plan is attached to this memo.
Neighborhood
Average Lot Size
Median Lot Size
# of Properties
Harbor Heights
7,612 sf
6,692 sf
387
Old Rye Neck North
7,108 sf
5,995 sf
142
Old Rye Neck South
9,306 sf
7,980 sf
259
Heathcote Hill
7,534 sf
6,032 sf
220
Zee (West of I-95)
9,543 sf
8,295 sf
76
Florence Park
6,531 sf
6,024 sf
209
Orienta
8,612 sf
8,612 sf
18
Harbor Lawn/ Shore Acres
7,864 sf
6,970 sf
316
Zone
Minimum Lot Size
Average Lot Size
Median Lot Size
# of properties
R-2F
3,750 sf per dwelling
7,166 sf
5,913
148
5,398 sf
4,960
653
unit
R-4F
2,500 sf per dwelling
unit
R-5
5,000 sf
7,844 sf
6,800
1627
R-6
6,000 sf
9,553 sf
9,089
19
R-7.5
7,500 sf
12,621 sf
9,840
185
R-10
10,000 sf
15,603 sf
13,405
218
R-15
15,000 sf
19,280 sf
14,416
346
R-20
20,000 sf
31,883 sf
22,570
248
In assessing the potential
elimination of the R-5 zone the
Planning Department evaluated
whether or not the existing
frontages in the R-5 would be
compliant with the R-6 frontages.
The R-6 minimum frontage is 60
linear feet, while the R-5 is 50
linear feet. Although well over
half of R-5 properties are above
6,000 sf in size, a number of them
still retain 50 foot frontages while
having longer depths. If the R-5
50 ft frontages with 180+ ft depths on North Barry Avenue in “Old Rye Neck
South” in the R-5
zone were to be absorbed into
the R-6 zone many of the existing properties would become non-conforming. An alternative
approach to maintaining neighborhood scale homes and character in the R-5 and even R-6
zone, while not unduly increasing non-conformities, could be reducing the FAR to 0.45. Several
nearby communities have similarly scaled FAR for their residential zones, most notable of which
are Scarsdale and the Village of Pelham. On a
standard 5,000 sf lot in the R-5 an FAR of
0.45 would result in a floor area of 2,250 sf
while a median sized lot of 6,800 sf would
produce 3,060 sf of floor area. Given the
additional restrictions of side yard setbacks it
is expected that for both large and small lots
a 0.45 FAR in the R-5 and R-6 zones would be
generally consistent with the scale of
neighboring homes.
50 ft frontages with 120+ depths on Chesnut Avenue in “Harbor Heights”
in the R-5
Sliding Scale FAR Practices & Additional
Corner Lot Analysis in the R-5 Zone
Village of Mamaroneck Planning Department
Part I. Sliding Scale FAR Schedule
Village of Bronxville (Minimum size is 12,000 sf in the zoning code)
Residential FAR (Floor Area Ratio) Schedule
Lot Size (sq. ft.)
Maximum FAR
[See Note (1)]
Less than 5,000
0.490
5,000
0.470
6,000
7,000
8,000
9,000
10,000
11,000
12,000
13,000
14,000
15,000
16,000
17,000
18,000
19,000
20,000
21,000
22,000
23,000
24,000
25,000
26,000
27,000
28,000
29,000
0.450
0.430
0.410
0.390
0.370
0.360
0.350
0.340
0.330
0.320
0.310
0.300
0.290
0.280
0.270
0.265
0.260
0.255
0.250
0.245
0.240
0.235
0.230
0.225
Maximum Gross
Floor Area (sq. ft.)
-2,350
2,700
3,010
3,280
3,510
3,700
3.960
4,200
4,420
4,620
4,800
4,960
5,100
5,220
5,320
5,400
5,565
5,720
5,865
6,000
6,125
6,240
6,345
6,440
6,525
Residential FAR (Floor Area Ratio) Schedule
Lot Size (sq. ft.)
Maximum Gross
Maximum FAR
[See Note (1)]
Floor Area (sq. ft.)
30,000
0.220
6,600
31,000
0.215
6,665
32,000
0.210
6,720
33,000
0.205
6,765
34,000
0.200
6,800
35,000
0.200
7,000
36,000
0.195
7,020
37,000
0.195
7,215
38,000
0.190
7,220
>39,000
0.190
See note 2
Notes:
(1)
Each lot size range represents 1 to 999 square feet. FAR must be
interpolated for any values that fall between the lot sizes
indicated. For example a lot of 12,500 square feet would have a
FAR of 0.345.
(2)
Houses over 7,500 square feet in size shall be subject to site plan
review by the Planning Board. Such review will be limited to
placement on the lot and landscaping.
Village of Croton
Bulk and parking regulations for One-Family Districts. The bulk and parking regulations
for One-Family Residence Districts RA-60, RA-40, RA-25, RA-9 and RA-5 shall be as
follows: (See also Article II, Definitions; Article IV, District Use Regulations; Article VII,
Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading
Facilities.)
For Uses in
RA-60 RA-40
Minimum Required
Lot area (square feet)
60,000 40,000
FA-25* RA-9* RA-5*
25,000
9,375
5,000
Lot width (feet)
175
150
125
75
50
Lot depth (feet)
Front yard (feet)
225
50
200
50
150
40
125
25
100
15
For Uses in
RA-60 RA-40
30
30
80
80
One side yard (feet)
Both side yards (feet)
Rear yard (feet)
45
FA-25* RA-9* RA-5*
20
12
8
50
30
20
40
30
30
25
Minimum habitable floor area per dwelling unit
Total (square feet)
1,400
1,400
1,200
1,000
880
880
880
880
880
--
2
2
2
2
2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
Feet
35
35
35
35
35
Building coverage (percent)
15
20
25
35
40
0.15
0.15
0.20
0.40
0.55
Main floor (square feet)
Off-street parking spaces per dwelling unit
Maximum Permitted
Building height
Stories
Floor area ratio
*NOTE: All permitted nonresidential uses shall conform to the regulations for such uses in RA-60
Districts.
B.
Calculating floor area ratio (FAR) for oversized and undersized one-family residences.
The permitted floor area for one-family homes on lots that are larger or smaller than the
minimum zoning lot size is obtained by multiplying the FAR for the zoning district in
which the home is located by the lot size. For example, for a 50,000 square foot lot in an
RA-40 District, multiply 50,000 by 0.15.
Village of Tarrytown
The maximum floor area permitted for houses within each of the Village's single-family
residential zoning districts shall be determined by the floor area shown in Table 1.
Maximum residential floor area for any lot may not exceed the maximum residential
floor area permitted in the zone in which it is located, as shown on Table 1. Lots that
exceed the minimum lot size permitted in a zone, as specified in § 305-11, are subject
to the maximum square footage specified in Table 1, regardless of the size of the lot.
B.
For lots that are smaller than the minimum lot size permitted in the zone, the maximum
floor area shall be determined by the floor area ratio (FAR) shown in Table 2. Where the
lot size falls between the lot sizes specified in Table 2, applicable FAR shall be
determined by rounding down the lot size to the nearest 1,000 square feet. Maximum
square footage for undersized lots shall be determined by multiplying the lot size by the
applicable FAR.
Table 1
Illustrative Table of Maximum Gross Floor Area
Zone
Maximum Gross Floor Area (sf)
R-5
2,150
R-7.5
2,925
R-10
3,500
R-15
4,350
R-20
5,200
R-30
6,000
R-40
6,500
R-60
8,700
R-80
11,600
Table 2
Illustrative Table of Floor Area Ratio (FAR) and Maximum Gross Floor Area Ratio for
Undersized Lots
Lot Size (sf)
FAR
3,000
0.4300
1,290
4,000
0.4300
1,720
5,000
0.4300
2,150
6,000
0.4140
2,484
7,000
0.3980
2,786
8,000
0.3820
3,056
9,000
0.3660
3,294
10,000
0.3500
3,500
11,000
0.3380
3,718
12,000
0.3260
3,912
13,000
0.3140
4,082
14,000
0.3020
4,228
15,000
0.2900
4,350
16,000
0.2840
4,544
Table 2
Undersized Lots
Lot Size (sf)
FAR
17,000
0.2780
4,726
18,000
0.2720
4,896
19,000
0.2660
5,054
20,000
0.2600
5,200
21,000
0.2540
5,334
22,000
0.2480
5,456
23,000
0.2420
5,566
24,000
0.2360
5,664
25,000
0.2300
5,750
26,000
0.2240
5,824
27,000
0.2180
5,886
28,000
0.2120
5,936
29,000
0.2060
5,974
30,000
0.2000
6,000
31,000
0.1955
6,061
32,000
0.1910
6,112
33,000
0.1865
6,155
34,000
0.1820
6,188
35,000
0.1775
6,213
36,000
0.1745
6,282
37,000
0.1715
6,346
38,000
0.1685
6,403
39,000
0.1655
6,455
40,000
0.1625
6,500
41,000
0.1605
6,581
42,000
0.1585
6,657
43,000
0.1565
6,730
44,000
0.1545
6,798
45,000
0.1525
6,863
46,000
0.1510
6,946
47,000
0.1495
7,027
48,000
0.1480
7,104
49,000
0.1465
7,179
Table 2
Undersized Lots
Lot Size (sf)
FAR
50,000
0.1450
7,250
51,000
0.1450
7,395
52,000
0.1450
7,540
53,000
0.1450
7,685
54,000
0.1450
7,830
55,000
0.1450
7,975
56,000
0.1450
8,120
57,000
0.1450
8,265
58,000
0.1450
8,410
59,000
0.1450
6,555
60,000
0.1450
8,700
61,000
0.1450
8,845
62,000
0.1450
8,990
63,000
0.1450
9,135
64,000
0.1450
9,280
65,000
0.1450
9,425
66,000
0.1450
9,570
67,000
0.1450
9,715
68,000
0.1450
9,860
69,000
0.1450
10,005
70,000
0.1450
10,150
71,000
0.1450
10,295
72,000
0.1450
10,440
73,000
0.1450
10,585
74,000
0.1450
10,730
75,000
0.1450
10,875
76,000
0.1450
11,020
76,230
0.1450
11,053
76,231+
None
None1
Notes: 1 Houses which exceed 15,000 square feet in size shall be required to obtain a compatible
use permit from the Zoning Board of Appeals.
Part II. Additional Corner Lot Analysis in the R-5 Zone
Result
Creating Non
Conformity
Increasing Non
Conformity
Existing No Increase
Will Remain
Conforming
Number Percentage Additional Total
Adjusted
Percentage
11
37%
21
32
32%
8
27%
30
38
38%
7
23%
9
16
16%
4
13%
10
14
14%
70% of the properties in sample will either become non-conforming or will have increased nonconformity.
Sample size was increased from 30 properties to 100 properties which represents about 1/3 of the population size of 310
corner lots.
Properties were not chosen based on whether or not they will increase non conformity, but were selected to represent
diversity in terms of location and lot size.
For information on corner lots in other zones please refer to “Residential Zoning Descriptive Analysis.”
Corner Lot Appendices
Location
Creating NonConformity
Harrison & Stoneybrook
x
Grove & Bradley
Grove & Wood
Increasing NonConformity
x
x
Brook & Melbourne
x
Halstead & Wagner
x
x
Lorraine & Grove
x
Grove & Harold
Frank & Florence Park
Access Rd
x
First & River
x
x
Grove & Hampshire
x
Lorena & Wagner
x
Tompkins & Beach
x
Walnut & Beach
x
Sunnyside & Shelburne
x
Linden & Beach
x
Osborn & Stoneybrook
x
Lorena & Wagner 2
x
Park & Fifth
x
Melbourne & Tompkins
x
Tompkins & Spruce
x
Rose & West
x
Keeler & Jensen
Keeler & Jensen 2
Remain
Conforming
x
Henry & Fourth
Halstead & Edward
Existing no
increase
x
x
Rose & Hunter
x
Park & Fourth
x
Hunter & Rose
x
English & Park
x
Park & Fifth 2
x
Location
Laura Joy & Harrison
Existing no
increase
x
Arlington & Grant
x
James & Chestnut
Travers & Arlington
Remain
Conforming
x
x
Teresa & Mamaroneck
x
Stanley & Fenimore
x
Hill & Harmon
x
Raleigh & Mamaroneck
x
Knollwood & Raleigh
x
Soundview & James
x
Grant & Arlington
Girard & Travers
x
x
Mamaroneck & Travers
Travers & Arlington 2
x
x
Knollwood & Drury
x
Soundview & Arlington
x
Soundview & Arlington 2
x
Grant & Arlington 2
x
James & Lawrence
Grant & James
x
x
Soundview & Mamaroneck
x
Arlington & Travers
x
Arlington & Travers 2
x
Warren & James
Ellis & Chestnut
x
x
Villa & Mamaroneck
James & Villa
x
x
Urban & Warren
x
Soundview & James 2
x
Winfield/Mam'k & Villa
x
Prospect & Mt Pleasant
x
Prospect & Mt Pleasant 2
Harmon & Hill
x
x
Sunset & Mamaroneck
Langdon & Knollwood
x
x
Location
Prospect & Maple
x
Highland & Maple
x
Stanley & Maple
x
Delancey & Prospect
Sherman & Osborn
Existing no
increase
Remain
Conforming
x
x
Item Title:
Copier Lease for Village Offices
Item Summary: Copier Lease for Village Offices
Fiscal Impact:
ATTACHMENTS:
Description
memo on copiers
Upload Date
5/13/2016
Type
Cover Memo
MEMORANDUM
To:
Richard Slingerland, Village Manager
From: Daniel J. Sarnoff, Assistant Village Manager
Re:
Canon Copiers
Date: May 12, 2016
P 914-777-7703
F 914-777-7760
www.village.mamaroneck.ny.us
For many years, the leasing of copiers was not coordinated
and they were replaced throughout the Village on a staggered basis. In order to streamline this
process and realize cost savings, the Village worked for several years to align lease expiration
dates and pool the monthly allowance of copies. Under this scenario, beginning in 2011, the
Village was able to solicit competitive proposals from multiple vendors based on various
government Contract pricing for its fleet of copiers. As the original lease term was for 5 years,
the Village is once again in the process of soliciting proposals for its fleet of copiers. The
Village currently spends approximately $3,616 per month for copiers.
As part of our due diligence, the Village sought proposals from two (2) Canon authorized dealers
and one (1) Xerox dealer. In conjunction with this process, the vendors met with the various
department heads and clerical staff to review the existing fleet of copiers, departmental needs
and proposed solutions. As such, we tried to the maximum extent practicable to solicit “like-tolike” proposals understanding that it may not be possible to achieve such a comparison. It is
noted that per the Westchester County contract, the Xerox machines have certain custom options
as part of the base contract which impacts their costs.
Based on our meetings, staff identified two vendors as the preferred vendors as follows:
SOS of NY (NYS Contract)
CBS Xerox (Westchester County Shared Svcs.)
It is worth noting that during the last copier lease solicitation in 2011, the Village did not invite
Xerox to participate as we had previously had a very poor experience with their products,
however there has been a tremendous improvement in their line of copiers in the last 5 years.
As it relates to proposals, while there are individual items associated with each individual
machine, the overall features are as follows:
SOS of NY
16 Copiers & 1 wide format printer
Machines have finishers as requested
Machines have fax lines as requested
All units include copy/print scan
CBS Xerox
16 Copiers
All Machines have finishers (per WC Contract)
All Machines has fax lines (per WC Contract)
All units include copy/print/scan
PRICE
SOS of NY
$1,995 per month (Lease)
includes 600,000 B&W copies per year
Service Costs (based on overages)
B&W .008¢ per page
Color .059ٕ¢ per page
CBS Xerox
$2,752.05 per month (Lease)
includes 95,000 B&W copies monthly
includes 10,500 copies monthly
B&W .007¢ per page
Color .06¢ per page
It is noted that over the course of the last 5 years, the Village’s volume of printing is as follows:
Type
Black & White
Color
Total
Total
2,317,742
130,167
2,447,909
Monthly Average
38,629
2,169
40,798
Based on the above, the difference in the base monthly lease is $757.05 per month. As the
Village would likely not exceed the B&W threshold of 600,000 copies per year, any additional
service charges to the SOS lease would be based on color copies. At the current average of
2,169 per month, that would equate to an additional $127.98 per month in charges.
As such from a cost perspective, SOS of NY appears to be the more advantageous proposal.
Additionally, it is noted that when the Village currently uses SOS for its copier service and we
have been very satisfied with their service. They have shown to be proactive in responding to
Village requests, and as noted, we are overall atisfied with the Canon machines.
Although it is anticipated that overall costs will be approximately $24,000 - $26,000 per year,
over the course of a 5-year term, the Village will spend approximately $120,000 - $135,000 for
its fleet of copiers. As such, this matter requires Board of Trustees approval. Accordingly, I
would respectfully request that this item be added to the May 16, 2016 work session agenda for
further review and discussion.
Item Title:
Liability Insurance Renewals or New Insurers - Must be Determined by May 23, 2016
Item Summary: Liability Insurance Renewals or New Insurers - Must be Determined by May 23, 2016
Fiscal Impact:
Item Title:
Authorization to Establish Start-Up Cash for Beach and Parking
Item Summary: Authorization to Establish Start-Up Cash for Beach and Parking
Fiscal Impact:
Item Title:
Update on Ralph's Electric License for Loading Dock and Next Steps
Item Summary: Update on Ralph's Electric License for Loading Dock and Next Steps
Fiscal Impact:
Item Title:
Update on Field User Fees for the Mamaroneck School District
Item Summary: Update on Field User Fees for the Mamaroneck School District
Fiscal Impact:
Item Title:
Field User Fees for all Users at Harbor Island
Item Summary: Field User Fees for all Users at Harbor Island
Fiscal Impact:
Item Title:
Update on Mooring Fees with Larchmont Yacht Club
Item Summary: Update on Mooring Fees with Larchmont Yacht Club
Fiscal Impact:
Item Title:
Update on Mooring Fees with Private Homeowners Using our Channel
Item Summary: Update on Mooring Fees with Private Homeowners Using our Channel
Fiscal Impact:
Item Title: Update on the Single Space Meters Trial for Mamaroneck Avenue and Clarification as to the
Placing of Multispace Meters
Item
Update on the Single Space Meters Trial for Mamaroneck Avenue and Clarification as to the
Summary: Placing of Multispace Meters
Fiscal
Impact:
ATTACHMENTS:
Description
Resolution
VOM Pilot Test
Extract of Minutes
Upload Date
5/12/2016
5/13/2016
5/13/2016
Type
Cover Memo
Cover Memo
Cover Memo
Mamaroneck Avenue Single Space
Parking Meter Pilot Test Evaluation Plan
May 12, 2016
Implementation Date:
The Pilot Test is scheduled for installation May 23, 24 & 25 2016.
There will three (3) vendors participating: Cale, IPS & CivicSmart.
Pilot Test Details:
1) The Pilot Test will run for ninety (90) days or less as determined by the Village of
Mamaroneck. Pilot test to be completed no later than August 13, 2016.
2) Eighteen (18) single-space smart meters (SSM) will replace 18 coin operated meters.
3) Sixteen (16) parking spaces between the two (2) Mamaroneck Avenue MSM pay
stations will be included in the Pilot Test, but the data will be adjusted to be
consistent with the number of SSMs installed per vendor (6).
4) The Pilot Test will impact 14% of the total available parking spaces.
5) The Pilot Test SSM meters will accept only quarters or credit cards.
6) The hours of operation will be Mon. – Sat., 8AM to 6PM.
7) Existing ADA spaces will not be changed in this Pilot Test.
8) For consistency across all vendors, payment by mobile APP will not be part of the
Pilot Test for SSM spaces.
9) The Pilot Test meters will all be installed on the same side of the street - the north
side of the 300 block of Mamaroneck Avenue.
10) Pilot Test results will be compiled after the 90 Day Pilot Test
Single Space Technologies Tested:
1) Cale – Cale Max double space meter (no sensors)
2) IPS – M5 single space meter with dome mounted sensors
3) CivicSmart – Liberty single space meter with pole mounted sensors
Multi -Space Technology Tested:
As approved by the BOT at the December 21st meeting, the parking spaces located
between the two MSM pay stations on Mamaroneck Avenue will be “activated” to
receive payment from a set of space numbered parking spaces located between the 2
pay stations. The activation of these MSM spaces will provide additional comparison
data for the Ad Hoc Parking Committee to evaluate.
Product Evaluation Criteria:
1)
2)
3)
4)
Product Ease of Use
Product Reliability
Revenue Generated at Test Location
Product Operating Costs
Evaluation Methods:
Product Ease of Use
1) Provide users a 1-800 phone number unique to each meter type on the
individual meter. The decal would announce “Rate this meter - call 1-800-1234567”. A call would be answered by an automated messaging system and ask 34 survey questions from their phone keypad. Callers cannot call again after they
rated each meter type. This service would cost approximately $1000 for the
entire 90 day trial.
2) Provide an online survey for users to rate their experience with the different
meters.
Meter Reliability
1) The service log generated automatically by the equipment will be reviewed.
2) A physical service log maintained by the Meter Collection Agent for the 90 day
trial period on the Pilot Test meters. Problems such as fake coins or vandalism
would be excluded from the review of equipment reliability.
Sensor Reliability
1) On-site observational data collected and measured against the system’s
reporting data.
2) Time stamped video data collected and cross referenced with the system’s
reporting data.
Revenue Generated at Test Location
1) Credit card and coin collection data would be provided by the web based
management system provided by each vendor.
2) Coin Collection counts will be kept separate during this 90 day period by each
meter type to determine if there is a revenue increase from the use of the
sensors.
Product Operating Costs
1) Recurring monthly equipment service fees will be reviewed (including sensor vs
no sensor).
2) Staff time to maintain equipment and ease of service.
3) Equipment communication failure.
BOT Regular Meeting – December 21, 2015
Page 10
merchants themselves. No one has ever done this. Mr. Tiekert appeared again and spoke about the survey and
how there was no control. Decisions should be made on good data, not faith based.
Mayor Rosenblum made a motion to not make changes and carry this over to the next work session,
which was seconded by Mr. Santoro.
Ayes: Santoro, Rosenblum
Nays: Finch, Potok, Miller
RESOLUTION RE:
ACKNOWLEDGEMENT OF
AD HOC PARKING ADVISORY COMMITTEE RECOMMENDATIONS
On motion of Trustee Potok, seconded by Trustee Finch:
RESOLVED, that the Village Board herein acknowledged the following recommendations as received
from the Ad Hoc Parking Advisory Committee 1. The Village should develop and implement a plan to install
Multi-Space Parking Meters at certain off-street lots to include:
A.
B.
C.
D.
E.
Hunter Tier Parking Deck
Phillips Park Road (adjacent to the Heithaus Walkway)
East Prospect Lot (across from House of Honda)
Spencer Lot
Emelin Theatre Lot
2.
Develop a Local Law to establish Dual-Use Parking Permit and Meter Area, and be it
FURTHER RESOLVED, that the Village Board request that the Village Manager work with the appropriate
Village Staff, consultants, and contractors to develop a program to implement the following items:
1- The Village should develop and implement a plan to install Multi-Space Parking Meters at certain off-street
lots to include:
AHunter Tier Parking Deck
BPhillips Park Road (adjacent to the Heithaus Walkway)
C- Spencer Lot
2- Develop a Local Law to establish Dual-Use Parking Permit and Meter Area.
3- Establish a Pilot Program to test smart single and multi-space meters on Mamaroneck Avenue.
Ayes: Finch, Potok, Miller
Nays: Santoro, Rosenblum
A.
Resolution Authorizing WJWW Projects
Trustee Potok left the meeting.
1.
Authorization of the Village of Mamaroneck to participate in the WJWW local capital project to
relocate and replace part of a water main on Fairway Green, WJWW project 13-18 estimated cost of
$50,000.
Mr. Dan Natchez appeared and stated that all three projects appear to be on private property and has
concerns on who is paying for this service, and why are residents paying for service on private property.
Mr. Stuart Tiekert appeared again. He also indicated concerns regarding paying taxes for work done on
private property.
Item Title: Security Cameras for Public Areas - Mamaroneck Avenue, Boston Post Road, Halstead
Avenue, RR Parking Lots etc.
Item
Summary:
Fiscal
Impact:
Security Cameras for Public Areas - Mamaroneck Avenue, Boston Post Road, Halstead
Avenue, RR Parking Lots etc.
Item Title:
Resolution in Honor of the Annual Celebration of Arbor Day
Item Summary: Resolution in Honor of the Annual Celebration of Arbor Day
Fiscal Impact:
ATTACHMENTS:
Description
Resolution
Upload Date
5/12/2016
Type
Cover Memo
RESOLUTION RE:
ARBOR DAY 2015
WHEREAS, the Mayor and Board of Trustees would like to express our best and
warmest wishes in celebration of National Arbor Day which is celebrated nationally on the last
Friday in April – April 24, 2015 and reflect upon the importance of trees to the Village of
Mamaroneck; and
WHEREAS, trees are an important part of the character of the Village of Mamaroneck
and provide many benefits to residents, such as improving air quality, reducing the need for air
conditioning, serving as windbreaks, stabilizing soils, and providing wildlife cover and food; and
WHEREAS, trees are of great benefit to our watershed as each individual tree can
consume 50-100 gallons of water per day thereby allowing for greater absorption of rain waters
by the soil; and
WHEREAS, in celebration of Arbor Day, the Village of Mamaroneck will be planting a
tree on our scheduled Village-wide community and river clean-up and green-up day, scheduled
for Saturday, April 25, 2015; and
WHEREAS, trees have for centuries been an important part of the look and feel of the
Village of Mamaroneck. They are a symbol of our responsibility and commitment to our
environment and to our future. It is the Village of Mamaroneck’s desire to continue our
participation in the National Arbor Day Foundation’s Tree City USA program, a program in
which the Village just celebrated its 33rd year; now therefore be it
RESOLVED, that in recognition of the Village of Mamaroneck’s past and future
commitments to the care and replacement of trees due to the environmental, economic and
cultural value to Mamaroneck, it is our honor and privilege to recognize Friday, April 24, 2015,
as Arbor Day throughout the Village of Mamaroneck, NY.
Item Title:
Resolution Authorizing the Year End Transfers Between Accounts
Item Summary: Resolution Authorizing the Year End Transfers Between Accounts
Fiscal Impact:
ATTACHMENTS:
Description
Resolution
Upload Date
5/13/2016
Type
Cover Memo
RESOLUTION AUTHORIZING YEAR END BUDGET TRANSFER OF FUNDS
FOR VILLAGE OF MAMARONECK FISCAL YEAR 2015-2016
WHEREAS, in accordance with Section 5-520 of the Village Law, when it shall appear
probable that the expenditure in any budgetary account will be in excess of the original estimated
budgeted amount, it is then necessary to bring these accounts in balance by transferring from
other budgetary accounts; and
WHEREAS, as it is not known at this time all the accounts that will be affected as of
May 31, 2016, it is requested that the following blanket resolution authorizing these transfers be
approved by the Board of Trustees; and
WHEREAS, during the year the Village Manager and the Clerk/Treasurer need to make
transfers from like accounts to like accounts, within departments (e.g. .100 to .100; .200 to .200
and .400 to .400 accounts); now therefore be it
RESOLVED, that the Clerk-Treasurer is hereby authorized to make the necessary
transfers from the unexpended balance of certain budgetary accounts to those accounts that
require additional appropriation, in order to affect the Fiscal Year 2015-2016 budgetary close
out; and
RESOLVED, that as suggested by the Village’s Auditors, the Board of Trustees
authorizes the Village Manager and the Clerk/Treasurer to transfer budgeted funds from like
accounts to like accounts, within departments (e.g. .100 to .100; .200 to .200 and .400 to .400
accounts), both in the current fiscal year and the upcoming fiscal year 2016-2017, to ensure the
smooth operation of Village government, with the understanding that any transfers that are either
from one department to another department, or that are appropriations of fund balance or
contingency, or an overall increase in revenues and/or appropriations, require authorization by
resolution from the Board of Trustees.
Item Title:
Dog Permits
Item Summary: Dog Permits
Fiscal Impact:
Item Title:
Tree Watering Program
Item Summary: Tree Watering Program
Fiscal Impact:
Item Title:
Harbor Island Park Field Irrigation
Item Summary: Harbor Island Park Field Irrigation
Fiscal Impact:
Item Title:
MEMS (status of retaining consultant)
Item Summary: MEMS (status of retaining consultant)
Fiscal Impact:
Item Title:
Washington Traffic Study (status of retaining consultant)
Item Summary: Washingtonville Traffic Study (status of retaining consultant)
Fiscal Impact:
ATTACHMENTS:
Description
RFP
Upload Date
5/12/2016
Type
Cover Memo
The Village of Mamaroneck is seeking responses to this Request for Proposal (RFP) to enter into
a contract to prepare a traffic study of the Washingtonville Neighborhood in the Village of
Mamaroneck.
DESCRIPTION OF THE WASHINGTONVILLE NEIGHBRHOOD
The Washingtonville neighborhood in a densely populated residential area located in the Village
of Mamaroneck. Its general borders are the Sheldrake River to the West and South, Interstate 95
to the North and Old White Plains Road/Mamaroneck Avenue to the East. An Industrial Area is
adjacent to the west side of the Washingtonville Neighborhood on the other side of the Sheldrake
River.
Washingtonville is composed of the following streets: Pelham Street; Alling Street; Grand Street;
Washington Street; Madison Street; Center Avenue; Waverly Avenue; Old White Plains Road;
and Plaza Avenue. Although it is currently zoned R-4F (4-family zoning), the development
patterns of this area pre-exist the Village’s zoning code, having originally been subdivided in
1851.
Given that area was subdivided in a time before the automobile when horse & buggy and
walking were the predominant form of travel, the area contains many narrow streets with limited
off-street parking. As a result, given the dense population, narrow streets and the number or
vehicles, traffic and parking have been identified as long term issues requiring further study to
quantify existing problems, collect necessary data and propose solutions.
I.
TRAFFIC STUDY SCOPE OF SERVICE
The Village of Mamaroneck is seeking responses to this Request for Proposal (RFP) in order to
enter into a contract for the express purpose of evaluating existing traffic circulation patterns and
parking conditions and providing recommendations and options to address identified problems.
The Study will have four components as follows:
A.
B.
C.
D.
Turning and Traffic Counts
Neighborhood wide Traffic Study
Identification of traffic control points and recommended street changes
Analysis of parking patterns and impact on neighborhood traffic
Responses should propose methods that will identify any possible deficiencies in current traffic
circulation and solutions for eliminating, reducing and/or calming existing traffic.
A. Turning and Traffic Counts
The Village of Mamaroneck has identified and is requesting respondents begin the project by
collecting turning and traffic counts at specified intersections listed below. Please see attached
map for identified intersections.
Intersections
- Hoyt Avenue and Fenimore Road
- Hoyt Avenue and Mamaroneck Avenue
- Waverly Avenue and Plaza Avenue
- Waverly Avenue and Mamaroneck Avenue
- Center Avenue and Plaza Avenue
- Center Avenue and Old White Plains Road
- Madison Street and Plaza Avenue
- Madison Street and Old White Plains Road
- Washington Street and Plaza Avenue
- Washington Street and Old White Plains Road
- Grand Street and Plaza Avenue
- Grand Street and Old White Plains Road
B. Neighborhood Wide Traffic Study
The purpose of this assignment is to provide recommendations and options to address growing
traffic congestion on residential streets in and adjacent to the Washingtonville Neighborhood.
The study will assist the Village in implementing design concepts and transportation strategies.
The deliverable may also be used as an instrument in obtaining changes to existing streets, access
to Mamaroneck Avenue/Fenimore Road, negotiating with the Town of Mamaroneck (owners of
the Waverly Avenue Bridge) and Westchester County (as they own the section of Mamaroneck
Avenue adjacent to the Washingtonville Neighborhood).
In completing this assignment, the following must be considered:
a.
Existing and anticipated growth trends
b.
Technical viability of potential improvements
c.
Emphasis on bicycle/pedestrian features
d.
Traffic calming options at strategic locations that will prevent
neighborhood cut-thru traffic
e.
Slow existing traffic as well as create areas for safe pedestrian zones.
The traffic study will include, but not be limited to:
a. Analysis of traffic counts
b. Analysis for 2016 to 2036 traffic conditions
c. Recommendations on how to achieve safe and efficient intersections
(additional signage, improved geometry, recommended parking zones,
expanded side walk areas in residential areas and/or commercial areas)
d. Cost estimates for the preferred alternatives
e. Strategic placement of traffic calming measures that prevent neighborhood cut
thru traffic
The proposal, at a minimum, should indicate how the firm will accomplish the tasks
outlined and provide the services detailed. A detailed engineering report documenting the
findings of the study will be required as part of the final work product.
C. Identification of traffic control points
The purpose of this assignment is for the selected consultant to develop a strategy to
discourage non-residential traffic from cutting through the Washingtonville neighborhood.
Strategies may include changing the street scape, reconfiguring one way streets, or other
measures as may be identified.
D. Analysis of parking patterns and impact on neighborhood traffic
Document will include an evaluation of the current parking trends in the neighborhood,
how those trends are affecting traffic, and safety on a daily basis, focusing on time of day, day of
the week as well as standard weekday patterns. The response should include a comprehensive
recommendation for the neighborhood that considers restricting parking in areas to improve
traffic flow, reduce congestion, increase safety.
The recommendation(s) should indicate existing locations that may be reconfigured,
locations that will remain unchanged, and new signage locations, as well as a statement of
probable cost for the fabrication and installation of various sign types and locations.
II.
QUALIFICATIONS OF BIDDERS
Eligible bidders will be those consultants, companies, and institutions that have the
following qualifications:
1. Qualified Traffic engineering consulting firms.
2. Knowledge of federal and State traffic regulations and laws.
3. Demonstrated practical knowledge and expertise in regard to “best practices” related
to traffic engineering.
4. Abilities and experience with applying analytical and quantitative tools and models
needed to undertake the work required under this RFP.
III.
SELECTION OF VENDOR
Contents of Proposals
Proposals should include:
1 Statement of experience in preparing and completing neighborhood traffic studies or
similar projects for other governments; this should include brief project descriptions,
as well as reference lists.
2 Identification of individuals to be assigned to the project and Statement of
qualifications of individuals and resources assigned to the project.
3 Statement of general approach, including a description of the recommended process.
4 Scope of work detailing the timeline, necessary tasks for development of the Plan and
individuals/groups responsible for completing tasks.
5 The cost to prepare the proposed Plan in accordance with this RFP. Costs for
completing specific sections of the proposed Plan should be identified in the proposal.
Evaluation Criteria:
Consultants will be evaluated based on the following criteria:
- Experience and expertise in development of neighborhood traffic studies for
communities similar in scope and size to Mamaroneck, New York.
- Ability to accomplish projects in a professional, thorough and timely manner.
- Qualifications of people and resources assigned to project.
- Ability to work with Village staff.
- Cost of services.
- Completeness and thoroughness of proposals.
A RFP Review Committee comprised of Village staff/officials, will review proposals and
may invite up to three (3) consultants to be interviewed. Final decisions about consultant
selection will be based on the interviews and the evaluation criteria specified below. All contract
documents will be executed with the Village of Mamaroneck, NY and will conform to the
Village’s policies and procedures. The selection process should be completed within 30-45 days
of the submission of proposals.
IV.
GENERAL INFORMATION AND INSTRUCTIONS
A. RFP Process
This RFP is not subject to competitive bidding requirements pursuant to Section 103 of the New
York State General Municipal Law. As such, the Village may negotiate a professional services
agreement with the successful respondent, which shall contain, at a minimum, the terms and
conditions (or substantially the same terms and conditions) as herein stated. The Village reserves
the right, in its sole discretion to reject all submissions, reissue a subsequent RFP, terminate,
restructure or amend this procurement process at any time. The final selection rests solely with
the Village.
B. Questions
Any questions concerning the scope of this project or request for additional information should
be directed to Daniel J. Sarnoff, Assistant Village Manager. All questions must be submitted via
email to [email protected] with the subject line “RFP – Washingtonville Neighborhood
Traffic Study” and all questions must be submitted no later than (2:00 p.m., June 22, 2016). No
interpretation shall be binding unless in writing from the Village of Mamaroneck.
C. Rejection of Proposals
Any proposals that do not conform to the essential requirements of the RFP shall be rejected.
The Village reserves the right to waive informalities and minor irregularities in submittals. The
Village reserves the right to request additional information from any firm submitting under this
RFP if the Village deems such information necessary to further evaluate the firm's qualifications.
D. Confidentiality
Unless required by law, all information, materials or other documents submitted by a respondent
shall not be released or made otherwise available to any person or entity except Village
representatives assisting in this procurement process, until public opening of the proposals.
Unless required by law, proprietary or financial information submitted to the Village by a
respondent will not be disclosed if respondent visibly marks each part of the proposal which
respondent considers being confidential financial or proprietary information with the word
“Confidential”.
E. Proposal and Presentation Cost
The Village will not be liable in any way for any costs incurred by respondents in the preparation
of their proposals in response to the RFP.
F. Submittal of Proposals
All responses to this RFP must be sealed and “clearly marked” Proposal for Washingtonville
Neighborhood Traffic Study. Four (4) bound originals and one (1) electronic copy shall be
submitted in one package. All RFP’s shall be submitted no later than (3:00 P.M., June 24,
2016), and shall be submitted to The Village of Mamaroneck,
ATTN:
Daniel J. Sarnoff, Assistant Village Manager
Village Hall at the Regatta
123 Mamaroneck Avenue
Mamaroneck, NY 10543.
All proposals received after the submission due date will be rejected. The Village is not
responsible for late RFP’s caused by mail or any other method of delivery.
All responses shall be formatted as follows:
Letter of Interest: The letter of interest is to indicate why the respondent is the best selection for
the project. The letter of interest is to be signed by an officer, partner or principal in the
company. The letter shall also identify an individual to be the contact person for the respondent
for the RFP process. All correspondence, notifications, emails, etc. from the Village to the
respondent regarding the RFP process will be sent to the identified contact person. The
respondent shall provide the following information for the identified contact person:
Name;
Title;
Company/Firm;
Mailing address;
Phone;
Fax;
E-mail.
Website:
Any information other than the Letter of Interest and evaluation criteria sections shall be
included in a single section tabbed and labeled “Additional Information”.
Response Categories: Respondents shall also include tabbed sections for responses to each of the
six areas of evaluation criteria. Respondents may include CD or DVD with proposals to illustrate
how information can be captured and used.
G. Withdrawal of Proposal
The Proposal may be withdrawn by the Respondent by means of a written request, signed by the
Respondent or its duly authorized representative. Such written request must be delivered to the
location specified in the Request for Proposals prior to the February 25, 2011 deadline for receipt
of Proposals. Modifications will not be accepted or acknowledged after the deadline.
Conflict of Interest
The Respondent shall promptly notify the Village, in writing, by certified mail, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance,
which may influence or appear to influence the Respondent’s judgment or quality of services
being provided hereunder. Such written notification shall identify the prospective business
association, interest, or circumstance, the nature of work that such a person may undertake, and
request an opinion of the Village as to whether the association, interest, or circumstance would,
in the opinion of the Village, constitute a conflict of interest. The Village shall respond to such
notification by certified mail within thirty (30) days. BY SUBMITTING THIS PROPOSAL,
THE RESPONDENT CERTIFIES THAT THEY HAVE NO CONFLICT WITH ANY
EMPLOYEE, AGENT, ELECTED OFFICIAL OR OFFICER OF THE VILLAGE OF
MAMARONECK, NOR ANY OTHER CONFLICT AS MAY BE SET FORTH HEREIN.
VILLAGE CODE CHAPTER 21 ON ETHICS IS ALSO CITED AND REFERENCED BY
THIS CONTRACT. ALL RESPONDENTS SHOULD FAMILIARIZE THEMSELVES
WITH IT. COPIES OF THE CODE AND ANY UPDATES ARE AVAILABLE VIA THE
VILLAGE OF MAMARONECK WEBSITE.
Item Title:
Sewer Laterals
Item Summary: Sewer Laterals
Fiscal Impact:
ATTACHMENTS:
Description
Sewer Laterals
Upload Date
5/13/2016
Type
Cover Memo
DRAFT FOR DISCUSSION – 6/12/15
PROPOSED LOCAL LAW __ – 2015
To amend Chapter 282, Article IV, of the Code of the Village of Mamaroneck,
with respect to maintenance and repair of private sewer laterals
BE IT ENACTED by the Board of Trustees of the Village of Mamaroneck as follows:
Section I. Chapter 282, Article IV. Removal of Illegal Sewer Connections and Elimination of Illegal
Discharge of Liquids is repealed in its entirety and replaced with the following:
Article IV. Sanitary Sewer Laterals
§282-12 Legislative Intent.
The purpose of this Article is to reduce infiltration and inflow into the sanitary sewer system operated
by the Village of Mamaroneck, and exfiltration of sewage into groundwater and waterways, by
requiring inspection, testing, repair, replacement and ongoing maintenance of private sewer laterals by
property owners within the Village of Mamaroneck.
§282-13 Definitions.
As used in this article, the following terms are defined as follows:
DISCHARGE COMPLIANCE CERTIFICATE
A certificate issued by the Building Inspector based upon the Plumber’s Certification stating
that:
A. All of the connections leading from the structures on the property (a) to the public
stormwater sewer lines, and (b) to the public sanitary sewer lines comply with the
requirements of the New York State Building Code; the Westchester County Sewer Act;
the Westchester County Sanitary Code; and the Village Code; and
B. There are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge
liquids into the sanitary sewer; and
C. The sanitary sewer laterals leading from the structures on the property do not directly
or indirectly allow inflow or infiltration therefrom into the Village's public sanitary sewer
lines.
EXFILTRATION
Raw sewage that leaks out of laterals into soil, groundwater and waterways
INFILTRATION
Water other than wastewater that enters a sewer system (including sanitary sewer laterals or
sewer service connections) from the ground through such means as defective pipes, pipe joints,
connections, or manholes. Infiltration does not include and is distinguished from inflow.
INFLOW
Water other than wastewater that enters a sewer system (including sanitary sewer laterals or
sewer service connections) from sources such as but not limited to roof leaders, sump pumps,
cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas,
manhole covers, cross connections between storm sewers and sanitary sewers, catch basins,
cooling towers, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not
include, and is distinguished from infiltration.
PLUMBER'S CERTIFICATION
A certification made to the Village by a plumber licensed to do business within the county that
the plumber:
A. Has inspected all of the connections leading from the structures on the property to (a)
to the public stormwater sewer lines and (b) to the public sanitary sewer lines and that all
such connections comply with the requirements of the New York State Building Code,
Westchester County Sewer Act, Westchester County Sanitary Code, and the Village
Code;
B. Has inspected the real property and found that there are no culverts, drains, hoses,
leaders, lines, pipes or pumps that discharge liquids into the sanitary sewer; and
C. Has inspected the sanitary sewer laterals leading from the structures on the property
and determined that such laterals do not directly or indirectly allow inflow or infiltration
therefrom into the Village's public sanitary sewer lines. Such inspection shall include a
video record of Closed Circuit Television (CCTV) inspection of the entire sanitary sewer
lateral to be provided to the Village, which video shall be reviewed by and be satisfactory
to the Building Inspector or his designee.
RENEWAL EVENT
The transfer of title in connection with the sale of real property located in the Village, other than
a transfer between family members in order to create a joint tenancy or tenancy in common, or
whenever a property owner applies for a building and/or plumbing permits for construction with
a value that exceeds fifty (50%) percent of the assessed value of the property.
SANITARY SEWER LATERAL OR LATERAL
The sanitary sewer pipe running from the structures on a property conveying wastewater from the
structure and connecting to the public sanitary sewer main.
§282-14 Standards for maintenance of Sanitary Sewer Laterals.
It shall be the sole responsibility of the private property owner to perform all required maintenance,
repairs and replacements of Sanitary Sewer Laterals in accordance with the requirements below and
the requirements of the New York State Building Code; the Westchester County Sewer Act; the
Westchester County Sanitary Code; and the Village Code;
A. Laterals shall be kept free from roots, grease deposits and other solids which may impede
the flow or obstruct the transmission of sewage.
B. Laterals shall not exhibit any signs of infiltration.
C. Laterals shall not exhibit any sign of exfiltration or leakage.
D. Lateral pipe joints shall be tight and all lateral pipes shall be free of any structure defects
such as breaks, openings, and voids.
§282-15. Correction or abatement.
A.
If at any time any Sanitary Sewer Lateral is found to not be in conformance with the
required set forth in §282-14 above, the owner of the property shall have all necessary repairs made to
bring the Lateral into conformance. The owner of the property shall undertake to complete such
repairs within 60 days of becoming aware of the non-conformity to the satisfaction of the Building
Inspector or his designee, unless additional time is agreed to by the Building Inspector for good cause
shown.
B.
If the owner fails to complete such remediation and bring the Lateral into compliance,
the Village may enter upon the property and complete such work and the cost thereof shall be billed to
the owner of the property, and in the event of nonpayment, shall be a lien on the property which can
be collected and enforced as part of and in the same manner as the Village Taxes.
C.
The requirement to undertake any work under this provision shall be triggered upon
the owner receiving notice from the Village that the Lateral is not in conformance, or any other
manner by which the owner shall become aware of same including an inspection by a plumber done in
connection with providing a Plumber’s Certification.
D.
Upon completion of such remedial work, the owner shall provide a Plumber’s
Certification and shall obtain a Discharge Compliance Certificate.
§282-15.1. Inspection every ten (10) years or at time of Renewal Event.
A.
It is the intention of the Village that every property connected to the Village Sanitary
Sewer System shall be inspected, have any necessary repairs made, and obtain a Discharge
Compliance Certificate once every ten (10) years. For the initial inspections, the Village shall identify
those properties to be inspected each year such that at the end of ten (10) years every Lateral in the
Village shall have been inspected and received a Discharge Compliance Certificate. The Village shall
send notice to the property owners required to have an inspection within each year, and the property
owners shall have the inspection completed and Plumber’s Certification including video submitted
within sixty (60) days of receipt of such notice. As part of such process, the Building Inspector or his
designee shall have the right to inspect the property. If upon inspection the property owner becomes
aware that the Lateral is not in compliance with the requirements set forth in §285-14 above, the
property owner shall notify the Building Inspector within sixty (60) days after receipt of notice from
the Village and, if requested, the property owner shall be provided an additional sixty (60) days from
the time of such notification to the Village.
B.
Notwithstanding the above, at the time of or prior to any Renewal Event, a property
owner shall be required to obtain a Discharge Compliance Certificate, based upon the submission of a
Plumber’s Certification including video. Upon making an application for a Discharge Compliance
Certificate, the Building Inspector or his designee shall have the right to inspect the property. If the
plumber’s inspection, the video required to be submitted, or the inspection by the Building Inspector
or his designee, indicates the Lateral is not in compliance with the requirements set forth in §285-14
above, the owner shall be required to correct the conditions not meeting the requirements and provide
a Plumber’s Certification and video indicating all conditions have been corrected and that the Lateral
is now in compliance with this Article. Upon the Building Inspector’s determination that the Lateral is
in compliance, the Discharge Compliance Certificate will be issued.
B.
An owner may choose to correct the conditions not meeting the requirements of this
Article by replacing the Sanitary Sewer Lateral. Any time a new Sanitary Sewer Lateral is installed in
accordance with all applicable codes and regulations, whether to correct a lack of compliance or
otherwise, and such Lateral is in compliance with this Article, after inspection the Building Inspector
shall issue a Discharge Compliance Certificate for such new Lateral.
C.
If at the time of a Renewal Event or receipt by a property owner that the property is
due for inspection, an owner can prove that a Discharge Compliance Certificate has been issued
within the preceding ten (10) years, and there has been no significant change in the condition of the
property, the Building Inspector may waive the requirement for a new Discharge Compliance
Certificate for that particular Renewal Event.
D.
If the Renewal Event is a transfer of title, and remedial work or a replacement is
required for the issuance of a Discharge Compliance Certificate, the Building Inspector may permit
the transfer of title to proceed provided the transferor deposits an amount determined by the Building
Inspector to be sufficient to complete such work or replacement in escrow with the Village, and the
transferor and transferee of the property enter into an agreement with the Village that the work will be
completed within six (6) months, and if not completed within such time frame the Village may enter
upon the property and complete such work utilizing the escrowed funds. Any additional costs beyond
the amount held in escrow necessary to bring the Lateral into full compliance shall be billed to the
then current owner of the property, and in the event of nonpayment, shall be a lien on the property
which can be collected and enforced as part of and in the same manner as the Village Taxes.
§282-15.2 Fees.
The fee for the issuance of a discharge compliance certificate shall be as set forth in Chapter
A347, Fees.
§ 285-15.3. Penalties for offenses.
Any person, firm, association or corporation who shall violate any of the provisions of this article or
shall fail to complete remediation as required herein, shall be guilty of a violation and, upon
conviction thereof, shall be punished by a fine of not more than $500 or imprisonment for not more
than 15 days, or both such fine and imprisonment. Each day the violation exists shall constitute a
separate offense.
Section II. Severability
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared
invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion.
Such declaration shall not affect the validity of the remaining portions hereof, which other portions
shall continue in full force and effect.
Section III. Effective Date
This Local Law shall take on __________________.
Item Title:
Noise Law
Item Summary: Noise Law
Fiscal Impact:
ATTACHMENTS:
Description
Item 4D
PLL-I Amending Cabaret
PLL-I Amending Cabaret 254
Upload Date
5/12/2016
5/12/2016
5/12/2016
Type
Cover Memo
Cover Memo
Cover Memo
Village of
OFFICE OF
RICHARD SLINGERLAND
Mamaroneck
Village Hall At The Regatta
P.O. Box 369
123 Mamaroneck Avenue
Mamaroneck, N.Y. 10543
TELEPHONE
(914) 777-7703
FAX NUMBER
(914) 777-7760
VILLAGE MANAGER
JUNE 22, 2015
4D – AGENDA REGULAR MEETING
RESOLUTION
ADOPTING AN UPDATED FEE SCHEDULE FOR CHAPTER A347 IN THE CODE OF THE VILLAGE
OF MAMARONECK, WITH SPECIFIC REGARD TO UPDATING THE PERMIT FEE(S) IN
RELATION TO ROCK-CHIPPING
BE IT RESOLVED, that the current fees set forth in Chapter A347 of the Code of the Village of
Mamaroneck in relation to Rock Chipping are deleted, and the following updated schedule is adopted under
Chapter 347, as follows:
Chapter 120, Blasting and/or Chipping
Current
Updated
Blasting permit -- permit issued
per day
$ 5,722
Chipping permit -- permit based
same as Building Permit, on
cost-of-construction
$60 plus $15.30/ea
$ 2,550
Addl $1000 val
Upon the approval of an application for a building permit, the
following fees shall be payable to the Village of Mamaroneck:
A. Building permit: amount of fees. The amount of fees payable under
this subsection shall be determined by rates per $1,000 of the cost of
construction, additions, alterations, temporary construction, or moving
of a building as determined by the Building Inspector and certified
upon completion of construction and are as follows:
Current
Updated
(1) Residential Permits:
Sixty-dollar fee plus $15 for each addl. $1,000 cost of work.
(2) Commercial Permits:
One Hundred dollar fee plus $25 for each addl. $1,000 cost of work.
THE FRIENDLY VILLAGE
$60 plus
$15.30/ea
Addl $1000
val
$100 plus
$25 ea. Addl.
$1000 val
SAME
SAME
Draft Proposed Local Law I-2016
A Draft Proposed Local Law to amend
Chapter 150 entitled Dance Halls and
Chapter 254 entitled Noise indoor vs.
outdoor cabarets, hours, music restrictions,
requirements for a decibel meter to be onsite, decibel levels, testing locations, and
violations.
SECTION 1. The provisions of Chapter 150 – Dance Halls and Cabaret are amended to read as
follows:
Chapter 150. DANCE HALLS AND CABARETS
GENERAL REFERENCES
Amusements — See Ch. 96.
Noise — See Ch. 254.
Zoning — See Ch. 342.
§ 150-1. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, strippers,
male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
[Added 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993]
CABARET, INDOOR
Any indoor room, place or space in the Village of Mamaroneck in which any
musical entertainment, including but not limited to live, DJ, jukebox, stereo
or computer-generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the restaurant business or
the business of directly or indirectly selling to the public food or drink.
[Amended 3-13-1995 by L.L. No. 3-1995, effective 3-20-1995]
CABARET, OUTDOOR
Any outdoor place or space in the Village of Mamaroneck in which any
or computer generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the contiguous frontage
5/6/2016 version text only PLL-1 of 2016 regarding Noise Law and Cabaret Law
Page 1 of 12
of a restaurant business or the business of directly or indirectly selling to the
public food or drink.
PUBLIC DANCE HALL
Any room, place or space in the Village of Mamaroneck in which dancing is
carried on and to which the public may gain admission, either with or
without the payment of a fee, except however, premises owned, occupied or
used by a religious, charitable, governmental or educational corporation or
institution.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain
admission.
B. Residential districts referred to herein are as defined in Chapter 342, Zoning, of the Code of
the Village of Mamaroneck.
§ 150-2. License required.
No person, firm or corporation shall conduct, maintain or operate or engage in the business of
conducting, maintaining or operating in the Village of Mamaroneck a public dance hall or a
cabaret or an adult entertainment cabaret unless the premises wherein the same is conducted,
maintained or operated is licensed in the manner prescribed by this chapter and is otherwise in
compliance with applicable local law. A separate license, fee and insurance is required for
outdoor cabaret, including for participation in special village events and street fairs.
§ 150-3. Effect on membership corporations, clubs, associations and societies.
A membership corporation, club, association or society which permits any musical
entertainment, including but not limited to live, DJ, jukebox, stereo or computer-generated
musical entertainment accompanied by singing, dancing or other form of amusement in premises
wherein any food or drink is directly or indirectly sold to its members or their guests or to the
public shall be subject to the conditions and provisions of this chapter.
§ 150-4. License application; fee; conditions for issuance and renewal.
The license prescribed by this chapter shall be issued by the Village Manager. Application for
such license shall be made on a form containing such information as may be determined by the
Village Manager. The fee for each such license for each year, or fraction thereof, shall be set
forth in Chapter A347, Fees. No such license shall be issued unless the place for which it is
issued complies with all laws and ordinances and with the rules and regulations of the New York
State Building and Fire Code, the Code of the Village of Mamaroneck and the Westchester
County Health Code and, in the opinion of the Village Manager, is a safe and proper place to be
used as a public dance hall, cabaret or club, and the person or persons seeking such license is or
are deemed by the Village Manager to be fit or proper persons, and said applicant has not had a
license revoked within the past twelve (12) months.
Page 2 of 12
§ 150-5. Inspections.
A. No license shall be issued until the Village Manager shall have caused an inspection to be
made of the premises to be licensed and until the Village Manager is satisfied that such
place complies with all laws and ordinances of the village and the rules and regulations of
all departments of the village and that the person or persons seeking such license is or are
fit and proper persons. The Village Manager shall also cause to be made such inspection
as may be necessary to ascertain whether the places licensed are maintained in
compliance with law. For the purpose of facilitating the inspection prescribed by this
section, the Village Manager is authorized to call upon the head of any other department
of the village, and such department and its employees shall make such inspection as may
be required. The Village Manager and the employees of any department assigned to make
inspections under this chapter shall be permitted to have access to all public halls and
cabarets at all reasonable times.
B. The Village shall have the authority to perform at least quarterly unannounced
inspections to confirm compliance with Chapter 254-5.
§ 150-6. Temporary license.
Pending the investigation of any application and the final disposition thereof, the Village
Manager is hereby authorized to issue a temporary thirty-day permit, which may be renewed
from time to time, upon such terms and conditions as may be fixed by the Village Manager. The
fee for any such temporary permit shall be set forth in Chapter A347, Fees. A temporary permit
may be revoked in the manner as set forth in § 150-11 of this chapter.
§ 150-7. Duration of license; renewals.
A. The term of licenses shall be for a period of one (1) year, commencing with January 1 and
terminating at the end of the following December, except that an original license shall be
effective from the date the license is granted to the end of the month of December following.
B. Renewal applications shall be submitted to the Village Clerk at least thirty (30) days prior to
expiration of the license. Renewals of licenses shall be effective for the one-year term described
above.
§ 150-8. Display of license.
Each license issued pursuant to this chapter shall be at all times displayed in a conspicuous place
at the main entrance of the premises for which it is issued.
§ 150-9. Days, hours and restrictions on operations.
A. No indoor musical entertainment, including but not limited to live, DJ, jukebox, stereo or
computer-generated music shall be played or dancing permitted on premises licensed by
this chapter between the hours of 2:00 a.m. and 8:00 a.m. on mornings of days following
Fridays and Saturdays and on mornings of days following holiday eves which are
Page 3 of 12
recognized by the State of New York. On all other days, no musical entertainment,
including but not limited to live, DJ, jukebox, stereo or computer-generated musical
entertainment, singing, dancing or other similar amusement music shall be played or
dancing permitted between the hours of 1:00 a.m. and 8:00 a.m. The Village Manager, in
his discretion, may permit any premises licensed pursuant to this chapter to be open to the
public between such prohibited hours on special occasions.
B. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
computer generated music shall be played or dancing permitted on outdoor premises
licensed by this chapter after 9:30 p.m. and before 12 p.m. Noon, Sunday through
Saturday, for privately held events. The Village Manager, in his discretion, may permit
any premises licensed pursuant to this chapter to be open to the public between such
prohibited hours on special occasions.
C. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
licensed by this chapter after 10:30 p.m. and before 10 a.m. Sunday through Saturday, for
Village-sponsored special events or festivities. The Village Manager, in his discretion,
may permit any premises licensed pursuant to this chapter to be open to the public
between such prohibited hours on special occasions including but not limited to street
fairs or parades that have been authorized by the Board of Trustees.
§ 150-10. Cut-off Switch.
All circuits supplying electricity to the sound equipment shall be equipped with a dry contact
relay that will interrupt the electrical current to those circuits when the Fire Alarm is activated,
thereby turning off all amplified sound, microphones and music.
Note: Sections 150-10, 11 and 12 are renumbered to 11, 12 and 13 due to the addition of
the Cut Off Switch section.
§ 150 11. Transferability.
No license issued under the provisions of this chapter shall be transferred or assigned to any
person or used by any person other than the licensee to whom it was issued, nor shall such
license be used for any location other than the location stated on such license.
§ 150-12. Revocation of license; hearing.
A license may be revoked by the Board of Trustees for any violation of law or upon the ground
that disorderly, obscene or immoral conduct is permitted on the licensed premises. The Village
Manager, upon direction of the Board of Trustees of the village, shall cause to be served upon
such parties, as they may deem to be interested therein, such reasonable notice, as they may
determine to be proper, of its intention to revoke such license. There shall be included in or
attached to such notice a statement of the facts constituting the violation charged. Such parties
shall be entitled to a hearing before the Board of Trustees.
§ 150-13. Penalties for offenses.
Page 4 of 12
A. Any licensee convicted of committing an offense against any provision of this chapter or any
rule or regulation adopted pursuant to this chapter shall be punishable by fines and penalties that
shall be tiered as follows:
i. For the first offense within a twelve-month period, no fine
ii. For the second and third offenses within a twelve-month period, a fine of not more than
two hundred fifty dollars ($250) per incident.
iii. For the fourth offense within a twelve-month period, a fine of not more than five hundred
dollars ($500) per incident, or by imprisonment for a term of not more than fifteen (15)
days, or by both such fine and imprisonment.
iv. For the fifth offense within a twelve-month period, revocation of such permit for a period
of up to twelve (12) months, plus a fine of not more than five hundred dollars ($500), or
by imprisonment for a term of not more than fifteen (15) days, or by both such fine and
imprisonment.
--- continued ---
Page 5 of 12
SECTION 2. The provisions of Chapter 254 – Noise are amended to read as follows:
Chapter 254. NOISE
GENERAL REFERENCES
Alarm systems — See Ch. 88.
Blasting — See Ch. 120.
§ 254-1. Findings and purpose.
It is found and declared that the making and creation of excessive, unnecessary or unusually loud
noises within the limits of the Village of Mamaroneck is a condition which has existed for some
time, and the extent and volume of such noises is increasing; the making, creation or
maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are
prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public
health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of
Mamaroneck; and the necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative determination and public
policy. It is further declared that the provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of
Mamaroneck and its inhabitants.
§ 254-2. General prohibition.
It shall be unlawful for any person to make, continue or cause to be made or continued any
excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others within the limits of the
village.
§ 254-3. Specific prohibitions.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in
violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, signaling devices etc.: the sounding of any horn or signaling device on any
automobile, motorcycle, streetcar or other vehicle on any street or public place of the village,
except as a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device, except one operated by hand or
electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use
of any such signaling device when traffic is, for any reason, held up.
B. Radios, phonographs, etc.: the using, operating or permitting to be played, used or operated of
any radio receiving set, musical instrument, phonograph or other machine or device for the
Page 6 of 12
producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of
involuntary listeners thereto or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are located where such machine or device is operated and
who are voluntary listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be
plainly audible at a distance of one hundred (100) feet from the place in which it is located shall
be prima facie evidence of a violation of this chapter.
C. Loudspeakers and amplifiers for advertising: the using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing of sound which is placed
upon the public streets for the purpose of commercial advertising or attracting the attention of the
public to any building or structure.
D. Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
E. Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long
continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F. Steam whistles: the blowing of any locomotive steam whistle or steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of proper village authorities.
G. Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motorboat or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
H. Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so
loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other
noise.
I. Loading, unloading or opening boxes: the creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and
containers.
J. Construction or repairing of buildings: the erection, construction or reconstruction of buildings
or major repairs to buildings, the excavation, clearing, filling or grading of land or the placement
or removal of earth, stone or building material of any kind, whether or not the work involved the
use of machinery or power tools, such that the sound therefrom creates unreasonable noise across
a residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Saturday, except in case of urgent necessity in the interest of public health and
safety, and then only with a permit from the Building Inspector, which permit may be granted for
a period not to exceed three (3) days while the emergency continues and which permit may be
renewed for periods of three (3) days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will not be impaired by such
erection or excavation outside the hours set forth above and if he shall further determine that loss
or inconvenience would result to any party in interest, he may grant permission for such work to
be done, during any hours which he deems the same to be reasonable, upon application being
made at the time the permit for the work is awarded or during the progress of the work. No such
activity shall be permitted on Sundays or on any of the following holidays: New Year's Day,
Page 7 of 12
Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Yom Kippur, Thanksgiving and Christmas.
K. Schools, courts, churches and hospitals: the creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while the same is in use or
adjacent to any hospital, which unreasonably interferes with the workings of such institution or
which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are
displayed in such streets indicating that the same is a school, hospital or court street.
L. Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
M. Drums: the use of any drum or other instrument or device for the purpose of attracting
attention, by creation of noise, to any performance, show or sale.
N. Metal rails, pillars and columns and transportation thereof: the transportation of rails, pillars
or columns of iron, steel or other material over and along streets and other public places upon
carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb
the peace and quiet of such streets or other public places.
O. Pile drivers, hammers, etc: the operation of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other such appliance, the use of which is attended by loud or
unusual noise, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.
No such activity shall be permitted on Saturdays, Sundays or on any of the following holidays:
New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
P. Blowers: the operation of any noise-creating blower or power fan or any internal combustion
engine the operation of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
Q. Tractors, lawn mowers, etc.: the operation between the hours of 8:30 p.m. and 8:00 a.m. of
any tractors, lawn mowers or other machinery powered by an internal combustion engine, not
including leaf blowers.
R. Leaf blowers: The operation of leaf blowers is prohibited between May 15 and September 30.
From October 1 through May 14, when the use of leaf blowers is permitted, use of leaf blowers
is permitted only between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the
hours of 10:00 a.m. and 4:00 p.m. on Saturday. No such activity shall be permitted on Sunday or
on any of the following holidays: New Year’s Day, Martin Luther King’s Birthday, Presidents’
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur,
Rosh Hashanah, Thanksgiving and Christmas. No more than one leaf blower may be operated at
any time on property with an area of 5,000 square feet or less. No more than three leaf blowers
shall be operated at any time on any property. From May 15 to September 30 after significant
storm events or during other emergency circumstances, the Supervisor of the Mamaroneck
Department of Public Works will determine whether the use of leaf blowers by the general
public shall be permitted; in that case, the period of time for such use shall not exceed seven
days. The provisions hereof shall not be deemed to prevent the use of leaf blowers on municipal
or public school district owned property by municipal or school district staff at any time. Any
violation issued under this Subsection R shall be issued to the property owner or the owner of the
Page 8 of 12
business undertaking the leafblowing operations, at the discretion of the enforcement officer
issuing the violation.
[Added 4-24-1995 by L.L. No. 6-1995, effective 5-1-1995;[1] amended 7-28-2008 by L.L. No. 62008, effective 5-1-2009; 9-22-2014 by L.L. No. 16-2014, effective 10-30-2014]
[1]:
Editor's Note: This local law also provided for the redesignation of former Subsection R as
Subsection S.
S. Demolition of buildings: demolition of buildings, whether or not the work involved the use of
machinery or power tools, such that the sound therefrom creates unreasonable noise across a
residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Friday, except in case of urgent necessity in the interest of public health and
demolition outside the hours set forth above and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant permission for such work to be
done during any hours which he deems same to be reasonable, upon application being made at
the time the permit for the work is awarded or during the progress of the work. No such activity
shall be permitted on Saturdays, Sundays or on any of the following holidays: New Year's Day,
§ 254-4. Standards for determination of offense.
The standards which shall be considered in determining whether a violation of § 254-2 exists
shall include but shall not be limited to the following:
A. The volume of the noise.
B. The intensity of the noise.
C. Whether the nature of the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of the background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The nature and zoning of the area within which the noise emanates.
H. The density of inhabitation of the area within which the noise emanates.
I. The time of the day or night the noise occurs.
J. The duration of the noise.
K. Whether the noise is recurrent, intermittent or constant.
L. Whether the noise is produced by a commercial or noncommercial activity.
§ 254-5. Maximum decibel levels permitted.
[Added 2-8-1993 by L.L. No. 1-1993,[1] effective 2-16-1993]
A. Except for noise emanating from the operation of motor vehicles, the permissible intensity of
noise from the foregoing acts between the hours from 8:00 a.m. to 10:00 p.m. and from 10:00
Page 9 of 12
p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or
continuous, is as follows:
Maximum Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per 8:00 a.m. to 10:00 10:00 p.m. to 8:00
Second (Hz)
p.m.
a.m.
100
70
62
B. The intensity of sound shall be measured at a point no closer than sixty (60) feet to the noise
source, as best that point can be estimated by the operator of the sound-measuring device without
the use of any distance-measuring equipment.
[1]:
Editor's Note: This local law also provided for the renumbering of former §§ 254-5 through 2548 as §§ 254-6 through 254-9, respectively.
C. For indoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter. Measurements should be taken
outside, at or about the property line, for these purposes the standard should be the sidewalk or
lawn next to the street of the premises in question. For Dance Halls and Cabarets, the following
levels apply:
Indoor Dance Halls and Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:00 10:00 p.m. to 2:00
Second (Hz)
p.m.
a.m.
100
75
70
*Note Chapter 150-9 about end-hours when indoor music authorized under Cabaret licenses
must stop.
D. For outdoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter. Measurements should be taken
within fifty feet, at or about the sidewalk across the street. For Dance Halls and Cabarets, the
following levels apply:
Outdoor Private Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per
12:00 p.m. to 9:30 9:30 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
Page 10 of 12
*Reference is made to Chapter 150-9 about end-hours when outdoor music authorized under
Cabaret licenses must stop.
Outdoor Village Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:00 10:00 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
§ 254-6. Exemptions.
The following uses and activities shall be exempt from noise level regulations:
A. Noises resulting from any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
B. Noises emanating from municipal vehicles, such as snow plows, garbage trucks, emergency
road trucks and other municipal vehicles.
§ 254-7. Application for special permit.
Applications for a permit for relief from the noise level designated in this chapter on the basis of
undue hardship may be made to the Village Manager or his duly authorized representative.
A. Any permit granted by the Village Manager hereunder shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that the permit shall be
effective.
B. The Village Manager or his duly authorized representative may grant the relief as applied for
if he finds that additional time is necessary for the applicant to alter or modify his activity or
operation to comply with this chapter or that the activity, operation or noise source will be of
temporary duration and cannot be done in a manner that would comply with other sections of this
chapter and that no other reasonable alternative is available to the applicant.
C. The Village Manager may prescribe any conditions or requirements he deems necessary to
minimize adverse effects upon the community or the surrounding neighborhood.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation
and, upon conviction for a first offense thereof, shall be punishable by a fine in an amount not
exceeding $250, for the second offense within one year, by a fine not to exceed $500, and for
any subsequent offense within one year from the date of the first offense, by a fine not exceeding
$1,000. Each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Page 11 of 12
§ 254-9. Additional remedy; abatement.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or
peace of residents in the area shall be deemed and is declared to be a public nuisance and may be
subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
SECTION 3. Severability.
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason,
declared invalid, in whole or in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
SECTION 4. Effective Date
This Local Law shall take effect immediately upon adoption and filing in the office of the
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Page 12 of 12
Draft Proposed Local Law I-2016
A Draft Proposed Local Law to amend
Chapter 150 entitled Dance Halls and
Chapter 254 entitled Noise indoor vs.
outdoor cabarets, hours, music restrictions,
requirements for a decibel meter to be onsite, decibel levels, testing locations, and
violations.
{Language in strike-through abcdefghij to be deleted; language underlined and highlighted is to be
added. Yellow highlighting shows first draft edits; blue highlighting shows later edits}
SECTION 1. The provisions of Chapter 150 – Dance Halls and Cabaret are amended to read as
follows:
Chapter 150. DANCE HALLS AND CABARETS
GENERAL REFERENCES
Amusements — See Ch. 96.
Noise — See Ch. 254.
Zoning — See Ch. 342.
§ 150-1. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, strippers,
male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
CABARET, INDOOR
Any indoor room, place or space in the Village of Mamaroneck in which any
or computer-generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the restaurant business or
the business of directly or indirectly selling to the public food or drink.
CABARET, OUTDOOR
Any outdoor place or space in the Village of Mamaroneck in which any
5/6/2016 version PLL-1 of 2016 regarding Noise Law and Cabaret Law
Page 1 of 12
or computer generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the adjacent contiguous
frontage of a restaurant business or the business of directly or indirectly
selling to the public food or drink.
PUBLIC DANCE HALL
Any room, place or space in the Village of Mamaroneck in which dancing is
carried on and to which the public may gain admission, either with or
without the payment of a fee, except however, premises owned, occupied or
used by a religious, charitable, governmental or educational corporation or
institution.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain
admission.
B. Residential districts referred to herein are as defined in Chapter 342, Zoning, of the Code of
the Village of Mamaroneck.
§ 150-2. License required.
No person, firm or corporation shall conduct, maintain or operate or engage in the business of
conducting, maintaining or operating in the Village of Mamaroneck a public dance hall or a
cabaret or an adult entertainment cabaret unless the premises wherein the same is conducted,
maintained or operated is licensed in the manner prescribed by this chapter and is otherwise in
compliance with applicable local law. A separate license, fee and insurance is required for
outdoor cabaret, including for participation in special village events and street fairs.
§ 150-3. Effect on membership corporations, clubs, associations and societies.
A membership corporation, club, association or society which permits any musical
entertainment, including but not limited to live, DJ, jukebox, stereo or computer-generated
musical entertainment accompanied by singing, dancing or other form of amusement in premises
wherein any food or drink is directly or indirectly sold to its members or their guests or to the
public shall be subject to the conditions and provisions of this chapter.
§ 150-4. License application; fee; conditions for issuance and renewal.
The license prescribed by this chapter shall be issued by the Village Manager. Application for
such license shall be made on a form containing such information as may be determined by the
Village Manager. The fee for each such license for each year, or fraction thereof, shall be set
forth in Chapter A347, Fees. No such license shall be issued unless the place for which it is
issued complies with all laws and ordinances and with the rules and regulations of the New York
State Building and Fire Code, the Code of the Village of Mamaroneck and the Westchester
County Health Code and, in the opinion of the Village Manager, is a safe and proper place to be
Page 2 of 12
used as a public dance hall, cabaret or club, and the person or persons seeking such license is or
are deemed by the Village Manager to be fit or proper persons, and said applicant has not had a
license revoked within the past twelve (12) months.
§ 150-5. Inspections.
A. No license shall be issued until the Village Manager shall have caused an inspection to be
made of the premises to be licensed and until the Village Manager is satisfied that such
place complies with all laws and ordinances of the village and the rules and regulations of
all departments of the village and that the person or persons seeking such license is or are
fit and proper persons. The Village Manager shall also cause to be made such inspection
as may be necessary to ascertain whether the places licensed are maintained in
compliance with law. For the purpose of facilitating the inspection prescribed by this
section, the Village Manager is authorized to call upon the head of any other department
of the village, and such department and its employees shall make such inspection as may
be required. The Village Manager and the employees of any department assigned to make
inspections under this chapter shall be permitted to have access to all public halls and
cabarets at all reasonable times.
B. The Village shall have the authority to perform at least quarterly unannounced
inspections to confirm compliance with Chapter 254-5. The fee for such inspection shall
be as set forth in Chapter 347-Fees of the Code of the Village of Mamaroneck.
(Suggested fee is $50 per inspection.)
§ 150-6. Temporary license.
Pending the investigation of any application and the final disposition thereof, the Village
Manager is hereby authorized to issue a temporary thirty-day permit, which may be renewed
from time to time, upon such terms and conditions as may be fixed by the Village Manager. and
approved by the Board of Trustees. The fee for any such temporary permit shall be set forth in
Chapter A347, Fees. A temporary permit may be revoked in the manner as set forth in § 150-11
of this chapter.
§ 150-7. Duration of license; renewals.
A. The term of licenses shall be for a period of one (1) year, commencing with January 1 and
terminating at the end of the following December, except that an original license shall be
effective from the date the license is granted to the end of the month of December following.
B. Renewal applications shall be submitted to the Village Clerk at least thirty (30) days prior to
expiration of the license. Renewals of licenses shall be effective for the one-year term described
above.
§ 150-8. Display of license.
Each license issued pursuant to this chapter shall be at all times displayed in a conspicuous place
at the main entrance of the premises for which it is issued.
Page 3 of 12
§ 150-9. Days, hours and restrictions on operations.
A. No indoor musical entertainment, including but not limited to live, DJ, jukebox, stereo or
computer-generated music shall be played or dancing permitted on premises licensed by
this chapter between the hours of 2:00 a.m. and 8:00 a.m. on mornings of days following
Fridays and Saturdays and on mornings of days following holiday eves which are
recognized by the State of New York. On all other days, no musical entertainment,
including but not limited to live, DJ, jukebox, stereo or computer-generated musical
entertainment, singing, dancing or other similar amusement music shall be played or
dancing permitted between the hours of 1:00 a.m. and 8:00 a.m. The Village Manager, in
his discretion, may permit any premises licensed pursuant to this chapter to be open to the
B. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
licensed by this chapter between the hours of after 9:30 p.m. and before 12 p.m. Noon,
Sunday through Saturday, for privately held events. The Village Manager, in his
discretion, may permit any premises licensed pursuant to this chapter to be open to the
C. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
licensed by this chapter between the hours of after 10:30 p.m. and before 10 a.m. Sunday
through Saturday, for Village-sponsored special events or festivities. The Village
Manager, in his discretion, may permit any premises licensed pursuant to this chapter to
be open to the public between such prohibited hours on special occasions such as
including but not limited to street fairs or parades that have been authorized by the Board
of Trustees.
§ 150-10. Cut-off Switch.
All circuits supplying electricity to the sound equipment shall be equipped with a dry contact
relay that will interrupt the electrical current to those circuits when the Fire Alarm is activated,
thereby turning off all amplified sound, microphones and music.
Note: Sections 150-10, 11 and 12 are renumbered to 11, 12 and 13 due to the addition of
the Cut Off Switch section.
§ 150 11. Transferability.
No license issued under the provisions of this chapter shall be transferred or assigned to any
person or used by any person other than the licensee to whom it was issued, nor shall such
license be used for any location other than the location stated on such license.
§ 150-12. Revocation of license; hearing.
Page 4 of 12
A license may be revoked by the Board of Trustees for any violation of law or upon the ground
that disorderly, obscene or immoral conduct is permitted on the licensed premises. The Village
Manager, upon direction of the Board of Trustees of the village, shall cause to be served upon
such parties, as they may deem to be interested therein, such reasonable notice, as they may
determine to be proper, of its intention to revoke such license. There shall be included in or
attached to such notice a statement of the facts constituting the violation charged. Such parties
shall be entitled to a hearing before the Board of Trustees.
A. Any person licensee convicted of committing an offense against any provision of this chapter
or any rule or regulation adopted pursuant to this chapter shall be punishable by fines and
penalties that shall be tiered as follows:
i. For the first offense within a twelve-month period, no fine
ii. For the second through fifth and third offenses within a twelve-month period, a fine of
not more than two hundred fifty dollars ($250) per incident.
iii. For all offenses from the sixth onward the fourth offense in a calendar year within a
twelve-month period, a fine of not more than five hundred dollars ($500) per incident, or
by imprisonment for a term of not more than fifteen (15) days, or by both such fine and
imprisonment.
iv. For the fifth offense in a calendar year within a twelve-month period, revocation of such
permit for a period of up to twelve (12) months, plus a fine of not more than five hundred
dollars ($500), or by imprisonment for a term of not more than fifteen (15) days, or by
both such fine and imprisonment.
B. Conviction by a court for an offense against this chapter shall constitute and effect immediate
forfeiture and cancellation of any license issued hereunder.
--- continued ---
Page 5 of 12
SECTION 2. The provisions of Chapter 254 – Noise are amended to read as follows:
Chapter 254. NOISE
GENERAL REFERENCES
Alarm systems — See Ch. 88.
Blasting — See Ch. 120.
§ 254-1. Findings and purpose.
It is found and declared that the making and creation of excessive, unnecessary or unusually loud
noises within the limits of the Village of Mamaroneck is a condition which has existed for some
time, and the extent and volume of such noises is increasing; the making, creation or
maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are
prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public
health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of
Mamaroneck; and the necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative determination and public
policy. It is further declared that the provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of
Mamaroneck and its inhabitants.
§ 254-2. General prohibition.
It shall be unlawful for any person to make, continue or cause to be made or continued any
excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others within the limits of the
village.
§ 254-3. Specific prohibitions.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in
violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, signaling devices etc.: the sounding of any horn or signaling device on any
automobile, motorcycle, streetcar or other vehicle on any street or public place of the village,
except as a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device, except one operated by hand or
electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use
of any such signaling device when traffic is, for any reason, held up.
B. Radios, phonographs, etc.: the using, operating or permitting to be played, used or operated of
any radio receiving set, musical instrument, phonograph or other machine or device for the
Page 6 of 12
producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of
involuntary listeners thereto or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are located where such machine or device is operated and
who are voluntary listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be
plainly audible at a distance of one hundred (100) feet from the place in which it is located shall
be prima facie evidence of a violation of this chapter.
C. Loudspeakers and amplifiers for advertising: the using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing of sound which is placed
upon the public streets for the purpose of commercial advertising or attracting the attention of the
public to any building or structure.
D. Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
E. Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long
continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F. Steam whistles: the blowing of any locomotive steam whistle or steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of proper village authorities.
G. Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motorboat or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
H. Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so
loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other
noise.
I. Loading, unloading or opening boxes: the creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and
containers.
J. Construction or repairing of buildings: the erection, construction or reconstruction of buildings
or major repairs to buildings, the excavation, clearing, filling or grading of land or the placement
or removal of earth, stone or building material of any kind, whether or not the work involved the
use of machinery or power tools, such that the sound therefrom creates unreasonable noise across
a residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Saturday, except in case of urgent necessity in the interest of public health and
erection or excavation outside the hours set forth above and if he shall further determine that loss
or inconvenience would result to any party in interest, he may grant permission for such work to
be done, during any hours which he deems the same to be reasonable, upon application being
made at the time the permit for the work is awarded or during the progress of the work. No such
activity shall be permitted on Sundays or on any of the following holidays: New Year's Day,
Page 7 of 12
K. Schools, courts, churches and hospitals: the creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while the same is in use or
adjacent to any hospital, which unreasonably interferes with the workings of such institution or
which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are
displayed in such streets indicating that the same is a school, hospital or court street.
L. Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
M. Drums: the use of any drum or other instrument or device for the purpose of attracting
attention, by creation of noise, to any performance, show or sale.
N. Metal rails, pillars and columns and transportation thereof: the transportation of rails, pillars
or columns of iron, steel or other material over and along streets and other public places upon
carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb
the peace and quiet of such streets or other public places.
O. Pile drivers, hammers, etc: the operation of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other such appliance, the use of which is attended by loud or
unusual noise, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.
No such activity shall be permitted on Saturdays, Sundays or on any of the following holidays:
New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
P. Blowers: the operation of any noise-creating blower or power fan or any internal combustion
engine the operation of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
Q. Tractors, lawn mowers, etc.: the operation between the hours of 8:30 p.m. and 8:00 a.m. of
any tractors, lawn mowers or other machinery powered by an internal combustion engine, not
including leaf blowers.
R. Leaf blowers: The operation of leaf blowers is prohibited between May 15 and September 30.
From October 1 through May 14, when the use of leaf blowers is permitted, use of leaf blowers
is permitted only between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the
hours of 10:00 a.m. and 4:00 p.m. on Saturday. No such activity shall be permitted on Sunday or
on any of the following holidays: New Year’s Day, Martin Luther King’s Birthday, Presidents’
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur,
Rosh Hashanah, Thanksgiving and Christmas. No more than one leaf blower may be operated at
any time on property with an area of 5,000 square feet or less. No more than three leaf blowers
shall be operated at any time on any property. From May 15 to September 30 after significant
storm events or during other emergency circumstances, the Supervisor of the Mamaroneck
Department of Public Works will determine whether the use of leaf blowers by the general
public shall be permitted; in that case, the period of time for such use shall not exceed seven
days. The provisions hereof shall not be deemed to prevent the use of leaf blowers on municipal
or public school district owned property by municipal or school district staff at any time. Any
violation issued under this Subsection R shall be issued to the property owner or the owner of the
Page 8 of 12
business undertaking the leafblowing operations, at the discretion of the enforcement officer
issuing the violation.
[Added 4-24-1995 by L.L. No. 6-1995, effective 5-1-1995;[1] amended 7-28-2008 by L.L. No. 62008, effective 5-1-2009; 9-22-2014 by L.L. No. 16-2014, effective 10-30-2014]
[1]:
Editor's Note: This local law also provided for the redesignation of former Subsection R as
Subsection S.
S. Demolition of buildings: demolition of buildings, whether or not the work involved the use of
machinery or power tools, such that the sound therefrom creates unreasonable noise across a
residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Friday, except in case of urgent necessity in the interest of public health and
demolition outside the hours set forth above and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant permission for such work to be
done during any hours which he deems same to be reasonable, upon application being made at
the time the permit for the work is awarded or during the progress of the work. No such activity
shall be permitted on Saturdays, Sundays or on any of the following holidays: New Year's Day,
§ 254-4. Standards for determination of offense.
The standards which shall be considered in determining whether a violation of § 254-2 exists
shall include but shall not be limited to the following:
A. The volume of the noise.
B. The intensity of the noise.
C. Whether the nature of the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of the background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The nature and zoning of the area within which the noise emanates.
H. The density of inhabitation of the area within which the noise emanates.
I. The time of the day or night the noise occurs.
J. The duration of the noise.
K. Whether the noise is recurrent, intermittent or constant.
L. Whether the noise is produced by a commercial or noncommercial activity.
§ 254-5. Maximum decibel levels permitted.
[Added 2-8-1993 by L.L. No. 1-1993,[1] effective 2-16-1993]
A. Except for noise emanating from the operation of motor vehicles, the permissible intensity of
noise from the foregoing acts between the hours from 8:00 a.m. to 10:00 p.m. and from 10:00
Page 9 of 12
p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or
continuous, is as follows:
Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 8:00 a.m. to 10:00 10:00 p.m. to 8:00
Second (Hz)
p.m.
a.m.
100
70
62
B. The intensity of sound shall be measured at a point no closer than sixty (60) feet to the noise
source, as best that point can be estimated by the operator of the sound-measuring device without
the use of any distance-measuring equipment.
[1]:
Editor's Note: This local law also provided for the renumbering of former §§ 254-5 through 2548 as §§ 254-6 through 254-9, respectively.
C. For indoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter that can produce in text or database
format readings taken. Measurements should be taken outside, at or about the property line, for
these purposes the standard should be the sidewalk or lawn next to the street of the premises in
question. For Dance Halls and Cabarets, the following levels apply:
Indoor Dance Halls and Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:00 10:00 p.m. to 2:00
Second (Hz)
p.m.
a.m.
100
75
70
*Note Chapter 150-9 about end-hours when indoor music authorized under Cabaret licenses
must stop.
D. For outdoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter that can produce in text or database
format readings taken. Measurements should be taken within fifty feet, at or about the sidewalk
across the street. For Dance Halls and Cabarets, the following levels apply:
Outdoor Private Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per
12:00 p.m. to 9:30 9:30 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
Page 10 of 12
Outdoor Village Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:00 10:00 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
§ 254-6. Exemptions.
The following uses and activities shall be exempt from noise level regulations:
A. Noises resulting from any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
B. Noises emanating from municipal vehicles, such as snow plows, garbage trucks, emergency
road trucks and other municipal vehicles.
§ 254-7. Application for special permit.
Applications for a permit for relief from the noise level designated in this chapter on the basis of
undue hardship may be made to the Village Manager or his duly authorized representative.
A. Any permit granted by the Village Manager hereunder shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that the permit shall be
effective.
B. The Village Manager or his duly authorized representative may grant the relief as applied for
if he finds that additional time is necessary for the applicant to alter or modify his activity or
operation to comply with this chapter or that the activity, operation or noise source will be of
temporary duration and cannot be done in a manner that would comply with other sections of this
chapter and that no other reasonable alternative is available to the applicant.
C. The Village Manager may prescribe any conditions or requirements he deems necessary to
minimize adverse effects upon the community or the surrounding neighborhood.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation
and, upon conviction for a first offense thereof, shall be punishable by a fine in an amount not
exceeding $250, for the second offense within one year, by a fine not to exceed $500, and for
any subsequent offense within one year from the date of the first offense, by a fine not exceeding
$1,000. Each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Page 11 of 12
§ 254-9. Additional remedy; abatement.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or
peace of residents in the area shall be deemed and is declared to be a public nuisance and may be
subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
SECTION 3. Severability.
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason,
declared invalid, in whole or in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
SECTION 4. Effective Date
This Local Law shall take effect immediately upon adoption and filing in the office of the
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Page 12 of 12
Item Title:
Parking - Rates and Hours and Hours on Mamaroneck Avenue
Item Summary: Parking- Rates and Hours and Hours on Mamaroneck Avenue
Fiscal Impact:
ATTACHMENTS:
Description
Walker Study
Upload Date
5/12/2016
Type
Cover Memo
VILLAGE OF MAMARONECK PARKING STUDY
PARKING STUDY – FINAL REPORT
DECEMBER, 2014
RATES AND TIME LIMITS
Meter rates and time limits can create differentiation between a premium “product” like the
parking on Mamaroneck Avenue and less desirable parking products like Phillips Park Road. The
Village is doing this already – parking on the Avenue costs more and has a shorter time limit than
most of the other resources. Our recommendations are meant to expand and improve the
system already in place.
EXTENDED HOURS:
Given that the restaurants have extended the busy period on Mamaroneck Avenue into the
evening, it would make sense to extend the meter hours until 8:00 P.M. The two-hour parking
limit along Mamaroneck Avenue needs to be enforced until this hour to discourage dinner-shift
employees from parking on Mamaroneck Avenue, so extending the meters would make for a
less confusing set of rules than one in which meters aren’t enforced but time limits are. Extending
the meter hours would further encourage employees to use alternative parking resources, thus
reducing strain on Mamaroneck Avenue. It might encourage some cost-sensitive patrons to
park off the Avenue as well – a reasonable market-based approach to encouraging balance,
TIME LIMITS:
Concomitant with the “no repark” two-hour limit on the Avenue, time limits in alternative
locations should be four hours. This is mostly true already – the tier garage, the Regatta, and
much of Phillips Park Road have a four hour limit. Remaining two-hour spaces along Phillips Park
Road should be turned into four-hour spaces. Shorter on-street limits, especially near the train
station (Halstead, Ward) are appropriate.
RATES:
As a general rule, rates should be well differentiated between a premium parking area and its
less convenient alternatives. At only 25¢ more per hour than Phillips Park Road or other parking
areas, Mamaroneck Avenue does not adhere to this rule of thumb, and that may be part of the
reason it is so crowded. A rate of $1 per hour, compared to 50¢ in the “overflow” lots, would be
appropriate, and the Budget Committee has already made that recommendation. We
recognize the comments by some respondents, worrying that increasing rates would drive
people away from the downtown retail. However, we think a 25¢ increase, to a rate that is still
quite typical for meters in the area, should not be a hindrance to business. Additionally, we are
not recommending an increase in any of the other facilities, so cheap alternatives will still exist
for those who are sensitive to cost.
SHORT-TERM PARKING:
A few strategically spaced 15-minute spaces should be available on each side of Mamaroneck
Avenue on each block from Halstead to Prospect (three blocks). This will make it easier for
people to run quick errands, pick up pre-ordered items or take-out, etc. Restaurants with heavy
take-out business should be encouraged to offer back-door service as much as is feasible in
their location. Two spaces per side should be tested; more can be added if needed. Halstead
to Spencer may only need one per side.
27
Item Title:
Donation to Marine Education Center
Item Summary: Donation to Marine Education Center
Fiscal Impact:
ATTACHMENTS:
Description
Resolution
Upload Date
5/12/2016
Type
Cover Memo
RESOLUTION RE:
ACCEPTING DONATIONS FOR THE MARINE EDUCATION CENTER AT HARBOR
ISLAND PARK
WHEREAS, the Marine Education Center is going into its fourth season of operation
educating residents about celebrating the important environmental, cultural, and historical
significance of the Mamaroneck Harbor, Long Island Sound; and
WHEREAS, the success of the Center is attributable to the volunteers who spent
numerous hours participating in the design of the facility as well as the day to day operations and
the generous residents who donated funds to ensure its prosperity; and
WHEREAS, over the years, the Village has received donations to the center from
generous residents; and
WHEREAS, consistent with Village Policy, it is necessary to accept these donation and
recognize their generosity to the community; now therefore be it
RESOLVED, that the Village Board herein accepts the following donations for the
Marine Education Center:
From:
Anonymous
Amount:
$5,000.00
;and be it further
RESOLVED, that the Village Manager and Clerk-Treasurer are authorized to deposit
these funds in the Trust & Agency Account established for the Marne Education Center; and be
it further
RESOLVED, that the Village Board of Trustees herein thanks this individual for their
generosity to the community and support of this valuable Village asset.
Item Title:
Sign Law
Item Summary: Sign Law
Fiscal Impact:
Item Title:
Consideration of Authorization for the Village to Act as Provider to Sell EZ Passes
Item Summary: Consideration of Authorization for the Village to Act as a Provider to Sell EZ Passes
Fiscal Impact:
Item Title:
Executive Session - Advice of Counsel
Item Summary: Executive Session - Advice of Counsel
Fiscal Impact:

Agenda PDF

Transcription

Similar documents

versione PDF - Appartamenti Casa vacanza Kaporo

Offham Parish Council “Our Village” photo competition

VM - Village Market

Belstone - Dartmoor National Park

Dalmatisch stenen huis | U823 (6+2)

Bluffton-Low Country Village Flyer.indd

village ii - Henry S. Miller

Beer Stein Order Form

CABANA BAR HAPPY HOUR

Stage 59. CLAIRVAUX TO MORMANT 2