TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, JANUARY 28, 2014

 

This Town Board Meeting was opened at 7:32 p.m.  Supervisor Stewart presided and the Deputy Town Clerk called the Roll.  Present were:

 

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

 

Also present:               Teresa Accetta-Pugh, Deputy Clerk

Geraldine Orlik, Deputy Clerk

John Edwards, Town Attorney

Teresa Kenny, First Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Joseph Moran, Commissioner of DEME

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks and Recreation

Donna Morrison, Human Resources Coordinator

Robert Simon, Receiver of Taxes

 

Mike Mandel led the Pledge of Allegiance to the Flag.

 

Summary of Public Comments (RTBM):

Habib Hasan, Pearl River, said the Town Board works for the people.

Mike Mandel, Pearl River, said our assessments are over inflated and should be reduced by 10%.  Medicare costs are high and there is a need to prevent Medicare fraud.

Eileen Larkin, Palisades, spoke about Lederle Labs several accomplishments.  She asked for O & R to communicate with the Police during power outages.  She encouraged visits to Camp Shanks.

Laurie Peek, Sparkill Creek Watershed Alliance, is happy to hear that the wetlands near the proposed commuter parking lot in Sparkill is going to be protected.

Harry Callaghan, Pearl River, appreciated all the help from John Giardiello evaluating flood plains.

 

Sr. Peggy Scarano, CDBG Committee, explained the Community Development Block Grant (CDBG) funding is to enhance existing programs and offset the costs of new programs.  Dowling Garden’s application is requesting funds for additional senior friendly computers and related software; to purchase a planting table and related materials for Horticultural Therapy;  for health consultants to develop a structured program; stipends for speakers and performing artists; and stipends for a Physical Therapist to assist in the expansion of existing exercise classes.

 

 

RESOLUTION NO. 41                                            CLOSE PUBLIC COMMENTS

 

Councilman Troy offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Councilpersons Troy, Valentine, Diviny, Morr

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 42                                            SET PUBLIC HEARING/VEHICLE & TRAFFIC LAW/CHAPTER 39

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

Resolution No. 42 – Continued

 

RESOLVED, upon recommendation of the Town Attorney, a public hearing is scheduled for February 11, 2014 at 8:05 p.m. amending Town Code Chapter 39, Vehicle and Traffic Law.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 43                                            AUTHORIZE AGREEMENT/HI-TOR ANIMAL SHELTER

 

Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED upon recommendation of the Town Attorney to authorize the Supervisor to sign the Hi-Tor agreement for the sum of $26,520.00 payable in quarterly installments, for the calendar year ending December 31, 2014.

 

Ayes:         Councilpersons Morr, Diviny, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 44                                            COMBINE AGENDA ITEMS

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that agenda items 10 thru 16 are hereby combined.

 

Ayes:               Councilmen Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:               None

* * *

RESOLUTION NO. 45                                            PALISADES PRESBYTERIAN CHURCH/TAX CERT SETTLEMENT 78.18-1-31

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Palisades Presbyterian Church v. The Assessor, et ano, Tax Map designation 78.18-1-31, for the tax assessment year 2013, for a total refund by the County of $0.00,  a total refund by the Town of $0.00 and a total refund by the School District of $7,771.17. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 46                                            DOMINION FINANCIAL CORP. MARK STERN/TAX CERT SETTLEMENT 65.36-2-16.1 & 16.2

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

 

Resolution No. 46 – Continued

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Dominion Financial Corp. and/or Mark Stern v. The Town of Orangetown Tax Map designation 65.36-2-16.1; 65.36-2-16.2, for the tax assessment years 2011 and 2012, for a total refund by the County of $2,166.00,  a total refund by the Town of $5,384.00 and a total refund by the School District of $24,309.89. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 47                                            MIDDLEFOREST LLC/TAX CERT SETTLEMENT/8.12-5-26

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Middleforest LLC v. the Town of Orangetown, et al. Tax Map designation 68.12-5-26, for the tax assessment years 2009 through 2013, for a total refund by the County of $2,709.00,  a total refund by the Town of $8,673.00 and a total refund by the School District of $43,844.00. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 48                                            HAMIL PAUL CORP/TAX CERT SETTLEMENT/68.20-2-2

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Hamil Paul Corp. v. The Town of Orangetown Tax Map designation 68.20-2-2, for the tax assessment years 2009 through 2013, for a total refund by the County of $773.00,  a total refund by the Town of $2,001.00 and a total refund by the School District of $12,624.00. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 49                                            PEARL RIVER REALTY CORP/TAX CERT SETTLEMENT/68.16-6-57

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

 

Resolution No. 49 – Continued

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Pearl River Realty Corp. v. The Town of Orangetown Tax Map designation 68.16-6-57, for the tax assessment years 2011 through 2013, for a total refund by the County of $700.00,  a total refund by the Town of $1,806.00 and a total refund by the School District of $11,397. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 50                                            ASCENT MEDIA PROPERTY HOLDINGS LLC/TAX CERT SETTLEMENT/77.15-1-32

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Ascent Media Property Holdings LLC, v. The Assessor of the Town of Orangetown et al., Tax Map designation 77.15-1-32, for the tax assessment year 2012, for a total refund by the County of $3,233.00,  a total refund by the Town of $9,039.00 and a total refund by the School District of $30,994. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 51                                            GOOD SAMARITAN HOSPITAL OF SUFFERN NY/TAX CERT SETTLEMENT/74.10-1-59.1

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Assessor, approve and authorize Dennis D. Michaels, Deputy Town Attorney, to sign the Stipulation of Settlement and Consent Order and Judgment regarding the tax certiorari proceeding Good

Samaritan Hospital of Suffern, NY v. The Assessor of The  Town of Orangetown, et ano  Tax Map designation 74.10-1-59.1, for the tax assessment years 2011 and 2012, for a total refund by the County of $1,943.00,  a total refund by the Town of $6,235.00 and a total refund by the School District of $18,283.00. Interest on the Town’s liability as a result of assessment decrease or refund is waived if payment is made within sixty (60) days after a copy of the order based upon the settlement is served upon the Town

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

 

RESOLUTION NO. 52                                            APPROVE CDBG GRANT APPLICATION/THORPE VILLAGE DOWLING GARDENS

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED that the Orangetown Town Board approves the 2014 CDBG Grant application, for the Holistice Health Enhancement Program, for Thorpe Village and Dowling Gardens, as recommended by the CDBG committee. This grant application for $20,000.00 is to be submitted to the County of Rockland Office of Community Development.
Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 53                                            CERTIFICATE OF REGISTRATION SEWER WORK 2014

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2014 Sewer Work is approved to:

 

1. Ronald Filera Landscape Contractors, Inc., 520 S. Pascack Rd, Chestnut Ridge, NY

2. Pearl River Plumbing Heat & Electric, Inc., 60-70 Dexter Plaza, Pearl River, NY
3. Rino Paving & Construction, Inc., 20 Viola Rd., Suffern, NY
4. A. Sasso Plumbing Corp., 23 Vista Dr., Nanuet, NY
5. Ronald J. Tarigo, 5 Crosscreek Lane, Stony Point, NY
6. Victor P. Zugibe, Inc., 66 West Railroad Avenue, Garnerville, NY

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 54                                            PERMIT BOND/COMMUNICATION CONDUITS/TODD CABLE CONSTR BLOOMBURG CTR/ZAYO GROUP

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

WHEREAS, Todd Cable Construction, LLC has been granted permits for Zayo Group to install communication conduits for the Bloomburg Building, located at the intersection of Western Highway & Bataan Road heading West and heading South on Dutch Hill Road to Orangeburg Road and starting at Pole #59543/38040 on Veterans Memorial Drive, heading South on Hunt Road for 1300’, ending at private drive (existing Bloomberg manhole).

 

WHEREAS, the Highway Department has required a permit bond in the amount of $193,430.00 to ensure restoration of the Town’s roads to the Highway Department’s satisfaction.

 

THEREFORE BE IT RESOLVED that the Town hereby formally accepts, receives and files with the Office of the Town Clerk the Traveler’s Casualty and Surety Company of America permit Bond No.105963663, with respect to the work Zayo Group proposes to accomplish on above said properties.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 55                                            APPROVE SURVEY WORK DELINEATE WETLANDS/COMMUTER PARKING FACILITY 650 ROUTE 340, SPARKILL NY/SURVEY WORK

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that Joseph Moran, Commissioner of DEME, is hereby authorized to approve survey work to delineate wetland locations in the vicinity of the proposed commuter parking facility at 650 Route 340 in Sparkill, as per DEC requirements, to be completed by Jay A. Greenwell, PLS, LLC, in the amount of $5,250.00.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 56                                            OPEN PH/AMEND TOWN CODE FLOOD DAMAGE PREVENTION

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED that the 8:00 p.m. public hearing to consider a proposed Local Law that repeals the existing Chapter 14B of the Town Code and adopts a new Chapter 14B, both entitled Flood Damage Prevention is hereby opened.

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

 

 

The Town Clerk presented the Affidavit of Publication and the Notice of Posting; copies are labeled Exhibit 01-B-14 and made a part of these minutes.

 

John Giardiello, Director of OBZPAE, explained that the DEC requires the Town to adopt a new local law.  The Flood Zones and maps have been updated and the maps are more detailed.  These updates could save people from paying flood insurance.

 

Summary Public Comments:

Habib Hasan, Pearl River, said this law already exists in the State General Municipal Law and has been changed over the past years.  He’s concerned the local law will supersede the State law.

Eileen Larkin, Palisades, requested the vote be postponed until the new map and old local law are presented.

 

 

RESOLUTION NO. 57                                            CLOSE PH/AMEND TOWN CODE FLOOD DAMAGE PREVENTION

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the public portion is hereby closed.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

 

* * *

 

RESOLUTION NO.  58                                           LEAD AGENCY/AMEND TOWN CODE FLOOD DAMAGE PREVENTION

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that the Town Board declares itself Lead Agency, in the matter.

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 59                                            SEQRA DECLARATION/AMEND TOWN CODE/FLOOD DAMAGE PREVENTION

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that a SEQRA Declaration of non-significance, indicating that the action the Town Board is contemplating will not have a significant negative impact on the environment (Short Environmental Assessment Form is labeled Exhibit 01-C-14), is hereby adopted.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

RESOLUTION NO. 60                                            ADOPT LOCAL LAW 1, 2014/AMEND TOWN CODE/FLOOD DAMAGE PREVENTION

 

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED that the Town Board hereby adopts Local Law 1, 2014, which repeals the existing Chapter 14B of the Town Code and adds a new Chapter 14B, both entitled Flood Damage Prevention.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

 

 

LOCAL LAW NO. 1, 2014

REPEALING CHAPTER 14B OF THE TOWN CODE, AND ADOPTING A NEW CHAPTER 14B, ENTITILED A NEW CHAPTER 17B, “FLOOD DAMAGE PREVENTION”

 

            Be it enacted, by the Town Board of the Town of Orangetown as follows:

 

Section 1:        Chapter 14B of the Town Code, entitled “Flood Damage Protection”, is hereby repealed in its entirety.

 

            Section 2:        A new Chapter 14B of the Town Code, entitled “Flood Damage Protection”, is hereby adopted, and, as adopted shall read as follows:

 

A local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36

 

 

 

Local Law 1, 2014 – Continued

 

SECTION 1.0            STATUTORY AUTHORIZATION AND PURPOSE

 

1.1       FINDINGS

 

The Town Board  of the  Town of  Orangetown  finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Orangetown  and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life.  In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.

 

1.2       STATEMENT OF PURPOSE

 

It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

 

(1)        regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

 

(2)        require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

 

(3)        control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accom­modation of flood waters;

 

(4)        control filling, grading, dredging and other development which may increase erosion or flood damages;

 

(5)        regulate the construction of flood barriers which will unnatural­ly divert flood waters or which may increase flood hazards to other lands, and;

 

(6)        qualify and maintain for participation in the National Flood Insurance Program.

 

1.3       OBJECTIVES

 

The objectives of this local law are:

 

(l)         to protect human life and health;

 

(2)        to minimize expenditure of public money for costly flood control projects;

 

(3)        to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

 

(4)        to minimize prolonged business interruptions;

 

(5)        to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

 

(6)        to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to mini­mize future flood blight areas;

 

(7)        to provide that developers are notified that property is in an area of special flood hazard; and,

 

(8)        to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

 

 

Local Law 1, 2014 – Continued

 

SECTION 2.0            DEFINITIONS

 

Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application.

 

“Advisory Base Flood Elevation (ABFE)” means the elevation shown on a community’s Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.

 

“Advisory Flood Hazard Area (AFHA)” means the land in the floodplain within a community subject to flooding from the 1% annual     chance event depicted on the Advisory Flood Hazard Map.

 

“Advisory Flood Hazard Map” means the official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.

 

“Appeal” means a request for a review of the Local Administrator’s inter­pretation of any provision of this Local Law or a request for a variance.

 

“Area of moderate wave action” means the portion of the SFHA landward of a V zone or landward of an open coast without mapped V zones, in which the principal sources of flooding are astronomical tides, storm surges, seiches, or tsunamis, not riverine sources.  Areas of moderate wave action may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces and are treated as V zones.  The area of moderate wave action is an area within a Zone AE that is bounded by a line labeled “Limit of Moderate Wave Action.”

 

“Area of shallow flooding” means a designated AO, AH or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

 

“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base flood­plain or l00-year floodplain.  For purposes of this Local Law, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.”

 

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

 

“Basement” means that portion of a building having its floor subgrade (below ground level) on all sides.

 

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

 

“Building” see “Structure”

 

“Cellar” has the same meaning as “Basement”.

 

Coastal A or AE Zone  means the portion of the special flood hazard area (SFHA) starting from a velocity (V) zone and extending up to the landward limit of the moderate wave action delineation.  Where no V Zone is mapped the Coastal A or AE Zone is the portion between the shore and the landward limit of the moderate wave action delineation.  Coastal A or AE Zones

Local Law 1, 2014 – Continued

 

may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces and construction/development is to be regulated the same as V Zones.

 

“Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone Vl-V30, VE, VO or V.  The “Coastal high hazard area” shall also include areas an a FIRM within a Zone AE that is bounded by a line labeled “Limit of Moderate Wave Action.”

 

“Crawl Space” means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor.  The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade.  The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.

 

“Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

 

“Elevated building” means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, or area of moderate wave action, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.  In the case of Zones V1-V30, VE, or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building”, even though  the lower area is enclosed by means of breakaway walls that meet the federal standards.

 

“Federal Emergency Management Agency” means the Federal agency that administers the National Flood Insurance Program.

 

“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

 

(l)         the overflow of inland or tidal waters;

 

(2)        the unusual and rapid accumulation or runoff of surface  waters from any source.

 

“Flood” or “flooding” also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipat­ed force of nature,

such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above.

 

“Flood Boundary and Floodway Map (FBFM)” means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community’s Flood Insurance Study.  The FBFM delineates a Regula­tory Floodway along water courses studied in detail in the Flood Insurance Study.

 

“Flood Elevation Study” means an examination, evaluation and determination of the flood hazards and, if appropriate, correspond­ing water surface eleva­tions, or an examination, evaluation and determination of flood- related erosion hazards.

 

 

Local Law 1, 2014 – Continued

 

“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

 

“Flood Insurance Rate Map (FIRM)” means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

 

“Flood Insurance Study” see “flood elevation study”.

 

“Floodplain” or “Flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “Flooding”).

 

“Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

 

“Floodway” – has the same meaning as “Regulatory Floodway”.

 

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

 

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

 

“Historic structure” means any structure that is:

 

(1)        listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or prelimin­arily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

 

(2)        certified or preliminarily determined by the Secretary of the Interior as contributing to the historical signifi­cance of a registered historic district or a district preliminarily deter­mined by the Secretary to qualify as a registered historic district;

 

(3)        individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interi­or; or

 

(4)        individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

 

(i)         by an approved state program as determined by the Secretary of the Interior or

 

(ii) directly by the Secretary of the Interior in states without approved programs.

 

“Limit of Moderate Wave Action (LiMWA)” is the inland limit of the area affected by waves greater than 1.5 feet during the base flood.    Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than those in the VE Zone. 

 

“Local Administrator” is the person appointed by the community to adminis­ter and implement this local law by granting or denying development permits in accordance with its provisions.  This person is often the Building Inspector, Code Enforce­ment Officer, or employee of an engineer­ing department.

 

“Lowest floor” means lowest floor of the lowest enclosed area (including base­ment or cellar).  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor;

 

Local Law 1, 2014 – Continued

 

provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law.

 

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.  The term does not include a “Recreational vehicle”

 

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community’s Flood Insur­ance Rate Map are referenced.

 

“Mobile home” – has the same meaning as “Manufactured home”.

 

“New construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

 

“One hundred year flood” or “100-year flood” has the same meaning as “Base Flood”.

 

“Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.  The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

 

“Principally above ground” means that at least 5l percent of the actual cash value of the structure, excluding land value, is above ground.

 

“Recreational vehicle” means a vehicle which is:

 

(1)        built on a single chassis;

 

(2)        400 square feet or less when measured at the largest horizontal projections;

 

(3)        designed to be self-propelled or permanently towable by a light duty truck; and

 

(4)        not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

 

“Regulatory Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law.

 

“Sand dunes” means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

 

“Start of construction” means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance.  The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

 

 

Local Law 1, 2014 – Continued

 

Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building.  For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

 

“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

 

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construc­tion” of the improvement.  The term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.  The term does not, however, include either:

 

(1)        any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

 

(2)        any alteration of a “Historic structure”, provided that the alteration will not preclude the structure’s contin­ued designa­tion as a “Historic structure”.

 

“Variance” means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law.

 

SECTION 3.0            GENERAL PROVISIONS

 

3.1       LANDS TO WHICH THIS LOCAL LAW APPLIES

 

This local law shall apply to all areas of special flood hazard within the jurisdiction of the                           Town of Orangetown, Rockland County.

 

3.2       BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

 

The areas of special flood hazard for the Town of Orangetown, Community Number 360686 are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

 

• Flood Insurance Rate Map Panel Numbers:

 

36087C0158G, 36087C0159G, 36087C0166G, 36087C0167G, 36087C0178G, 36087C0179G,

 

36087C0181G, 36087C0182G, 36087C0183G, 36087C0184G, 36087C0186G, 36087C0187G,

 

36087C0188G, 36087C0189G, 36087C0191G, 36087C0192G, 36087C0193G, 36087C0194G,

 

36087C0206G, 36087C0207G

 

whose effective date is, March 3, 2014, and any subsequent revisions to these map panels that do not affect areas under our community’s jurisdiction.

 

(2)        A scientific and engineering report entitled “Flood Insurance Study, Rockland County, New York, All Jurisdictions” dated March 3, 2014.

 

Local Law 1, 2014 – Continued

 

(3)        Advisory Base Flood Elevations and Advisory Flood Hazard Maps dated March 3, 2014. These documents shall take precedence over previous panels and FIS in construction and development regulations only.

 

Where the Special Flood Hazard Area (SFHA) and the Advisory Flood Hazard Area (AFHA) maps conflict or overlap, whichever imposes the more stringent requirement shall prevail.

 

The above documents are hereby adopted and declared to be a part of this Local Law.  The Flood Insurance Study and/or maps are on file at:

 

The Office of Building, Zoning, Planning Administration and Enforcement located at 20 Greenbush Road, Orangeburg, NY 10962.

 

 

3.3       INTERPRETATION AND CONFLICT WITH OTHER LAWS

 

This Local Law includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention.

 

In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promo­tion of the public health, safety, and welfare.  Whenever the require­ments of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restric­tive, or that imposing the higher standards, shall govern.

 

 

3.4       SEVERABILITY

 

The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof.

 

 

3.5       PENALTIES FOR NON-COMPLIANCE

 

No structure in an area of special flood hazard shall hereaf­ter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compli­ance with the terms of this local law and any other applicable regulations.  Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall consti­tute a violation.  Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than l5 days or both.  Each day of noncompliance shall be considered a separate offense.  Nothing herein contained shall prevent the Town of Orangetown from taking such other lawful action as necessary to prevent or remedy an infraction.  Any structure found not compliant with the requirements of this local law for which the develop­er and/or owner has not applied for and received an approved variance under Section 6.0 will be declared non-compliant and notifica­tion sent to the Federal Emergency Management Agency.

 

 

3.6       WARNING AND DISCLAIMER OF LIABILITY

 

The degree of flood protection required by this local law is con­sid­ered reasonable for regulatory purposes and is based on scientific and engi­neering considerations.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by man-made or natural causes.  This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.  This local law shall not create liability on the part of the Town of  Orangetown,  any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made there under.

Local Law 1, 2014 – Continued

 

SECTION 4.0            ADMINISTRATION

 

4.1       DESIGNATION OF THE LOCAL ADMINISTRATOR

 

The   Director of the Office of Building, Zoning, Planning Administration and Enforcement  is hereby appointed Local Ad­ministra­tor to administer and implement this local law by granting or denying floodplain development permits in accordance with its provi­sions.

 

4.2       THE FLOODPLAIN DEVELOPMENT PERMIT

 

4.2-1    PURPOSE

 

A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding.  It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance

Local Law 1, 2014 – Continued

 

Rate Map or Advisory Flood Hazard Map enumerated in Section 3.2, without a valid floodplain development permit.  Applica­tion for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimen­sions, and eleva­tions of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

 

4.2-2    FEES

 

All applications for a floodplain development permit shall be accompanied by an application fee of $ 0.00.  There shall be no fee charged by the Building Department separate from the Building Permit fee as and if required.   In addi­tion, the applicant shall be responsible for reimbursing the  Town of Orangetown  for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs.

 

4.3       APPLICATION FOR A PERMIT

 

The applicant shall provide the following information as appropriate.  Additional information may be required on the permit application form.

 

(1)        The proposed elevation, in re­lation to mean sea level, of the lowest floor (including basement or cellar) of any new or substan­tial­ly improved st­ruc­ture to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available.  Upon completion of the lowest floor, the permitee shall submit to the Local Ad­ministrator the as-built eleva­tion, certified by a licensed profes­sional engineer or sur­veyor.

 

(2)        The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available.  Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

 

(3)        The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed.  Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or survey­or.

 

(4)        A certificate from a licensed profes­sional engineer or architect that any utility flood­proofing will meet the criteria in Section 5.2-3, UTILITIES.

Local Law 1, 2014 – Continued

 

(5)        A certificate from a licensed professional engineer or archi­tect that any non-residential floodproofed struc­ture will meet the floodproofing criteria in Section 5.5, NON-RESIDEN­TIAL STRUCTURES.

 

(6)        A description of the extent to which any watercourse will be altered or relocated as a result of proposed devel­op­ment.   Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment.  The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the docu­ments enumerated in Section 3.2, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be main­tained.

 

(7)        A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other proper­ty.

 

(8)        In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdi­vi­sion propos­als and other pro­posed devel­op­ments (includ­ing proposals for manufac­tured home and recreat­ion­al vehicle parks and subdivi­sions) that are greater than either 50 lots or 5 acres.

 

(9)        In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, or in an area of moderate wave action, designs and specifications, certi­fied by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.

 

(10)      In Zones V1-V30 and VE, and also Zone V if base flood elevation­­ are available, or in an area of moderate wave action, for all new and substantial improve­­ments to structures, flood­plain develop­ment permit applica­tions shall be accom­panied by design plans and specifi­ca­tions, pre­pared in sufficient detail to enable indepen­dent review of the foundation support and connection compo­nents. Said plans and specifica­tions shall be developed or reviewed by a licensed profes­sional engineer or architect, and shall be accompanied by a statement, bearing the signa­ture of the architect or engi­neer, certify­ing that the design and methods of construc­tion to be used are in accordance with accepted standards of practice and with all applicable provisions of this local law.

 

4.4       DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR

 

Duties of the Local Administrator shall include, but not be limited to the following.

 

4.4-1    PERMIT APPLICATION REVIEW  

 

The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit:

 

(1)        Review all applications for completeness, particularly with the requirements of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law.

 

(2)        Review subdivision and other proposed new development, including manufac­tured home parks to deter­mine whether proposed building sites will be reasonably safe from flood­ing.  If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-2 SUBDIVISION PROPOSALS.

 

(3)        Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood

 

Local Law 1, 2014 – Continued

 

velocities). The Local Adminis­trator may require the appli­cant to submit additional technical analyses and data necessary to complete the determination.

 

If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued.  The applicant may revise the application­ to include measures that miti­gate or elimi­nate the adverse effects and re-submit the application.

 

(4)        Determine that all necessary permits have been received from those govern­mental agencies from which approval is required by State or Federal law.

 

4.4-2    USE OF OTHER FLOOD DATA

 

(1)        When the Federal Emergency Management Agency has designated areas of special flood hazard on the community’s Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Adminis­trator shall obtain, review and reason­ably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data devel­oped pursuant to paragraph 4.3(8), as criteria for requiring that new con­struc­tion, substantial improvements or other proposed development meet the requirements of this law.

 

(2)        When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law.

 

4.4-3    ALTERATION OF WATERCOURSES

 

(l)         Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evi­dence of such notification to the Re­gional Director, Region II, Federal Emergency Management Agency.

 

(2)        Determine that the permit holder has provided for mainte­nance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin­ished.

 

4.4-4    CONSTRUCTION STAGE

 

(1)        In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, or in an area of moderate wave action, upon placement of the lowest floor or completion of floodproofing of a new or substantial­ly improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level.  The certificate shall be prepared by or under the direct supervi­sion of a licensed land surveyor or profession­al engineer and certi­fied by same.  For manufac­tured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site.  A certificate of elevation must also be submitted for a recre­ation­al vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

 

(2)        In Zones V1-V30 and VE, and also Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the Local Adminis­trator a certifi­cate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (exclud­ing pilings and columns).  The certificate shall be prepared by or under the direct supervi­sion of a licensed land surveyor or profession­al engineer and certi­fied by same.  For manufac­tured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site.  An elevation certificate must also be submitted for a recre­ation­al vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

 

(3)        Any further work undertaken prior to submission and approval of the certifica­tion shall be at the permit holder’s risk.  The Local Administrator shall review all data submitted.

Local Law 1, 2014 – Continued

 

Deficien­cies detected shall be cause to issue a stop work order for the project unless immediately corrected.

 

 

4.4-5    INSPECTIONS

 

The Local Administrator and/or the developer’s engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the

develop­ment is in compliance with the require­ments of the floodplain development permit and/or any variance provisions.

 

 

4.4-6    STOP WORK ORDERS

 

(1)        The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a develop­ment permit.  Disre­gard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law.

 

• The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the condi­tions of the develop­ment permit. Disre­gard of a stop work order shall subject the violator to the penalties de­scribed in Section 3.5 of this local law.

 

 

4.4-7    CERTIFICATE OF COMPLIANCE

 

(l)         In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erect­ed, changed, converted or wholly or partly altered or enlarged in its use or structure until a cer­tificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law.

 

(2)        A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all develop­ment in areas of special flood hazard.

 

(3)        Issuance of the certificate shall be based upon the inspec­tions conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified eleva­tions, hydraulic data, floodproof­ing, anchoring requirements or encroach­ment analyses which may have been required as a condition of the approved permit.

 

 

4.4-8    INFORMATION TO BE RETAINED

 

The Local Administrator shall retain and make available for inspection, copies of the following:

 

(1)        Floodplain development permits and certificates of compli­ance;

 

• Certifications of as-built lowest floor elevations of structures, required pursuant to subsections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a basement;

 

• Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or not the structures contain a basement;

 

(4)        Variances­ issued pursuant to Section 6.0, VARIANCE PROCE­DURES; and,

 

(5)       Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES.

 

 

 

Local Law 1, 2014 – Continued

 

SECTION 5.0            CONSTRUCTION STANDARDS

 

5.1       GENERAL STANDARDS

 

The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map or Advisory Flood Hazard Map designated in Section 3.2.

 

5.1-1  COASTAL HIGH HAZARD AREAS

 

The following requirements apply within Zones V1-V30, VE  and V V or in an area of moderate wave action:

 

(1)        All new construction, including manufactured homes and recre­ational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide.

 

(2)        The use of fill for structural support of buil­dings, manufac­tured homes or recreational vehicles on site 180 days or longer is prohibited.

 

(3)        Man-made alteration of sand dunes which would increase poten­tial flood damage is prohibit­ed.

 

5.1-2  SUBDIVISION PROPOSALS

 

The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (includ­ing proposals for manufactured home and recre­ational vehicle parks and subdivi­sions):

 

(l)         Proposals shall be consistent with the need to minimize flood dam­age;

 

(2)        Public utilities and facilities such as sewer, gas, elec­tri­cal and water systems shall be locat­ed and con­struct­ed so as to mini­mize flood damage; and,

 

(3)        Adequate drainage shall be provided to reduce exposure to flood damage.

 

5.1-3  ENCROACHMENTS

 

(1)        Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

 

(i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or,

 

(ii) the Town of Orangetown agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Orangetown for all fees and other costs in relation to the application.  The applicant must also provide all data, analyses and mapping and reimburse the Town of Orangetown for all costs related to the final map revision.

 

(2)        On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

 

(i) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or,

Local Law 1, 2014 – Continued

 

(ii) the Town of Orangetown  agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the   Town  of Orangetown for all fees and other costs in relation to the applica­tion.  The applicant must also provide all data, analyses and mapping and reimburse the Town of Orangetown for all costs related to the final map revisions.

 

 

5.2  STANDARDS FOR ALL STRUCTURES

 

The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map or Advisory Flood Hazard Map designated in Section 3.2.

 

 

5.2-1  ANCHORING

 

New structures and sub­stantial improve­ment to structures in areas of special flood hazard shall be anchore­d to prevent flota­tion, collapse, or later­al movement during the base flood.  This requirement is in addi­tion to appli­cable State and local anchoring require­ments for resisting wind forces.

 

 

5.2-2  CONSTRUCTION MATERIALS AND METHODS

 

(l)         New construction and substantial improve­ments to structures shall be constructed with materials and utility equip­ment resistant to flood damage.

 

(2)       New construction and substantial improve­ments to structures shall be constructed using methods and practices that mini­mize flood damage.

 

(3)        For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are avail­able, new and sub­stantial­ly improved struc­tures shall have fully en­closed areas below the lowest floor that are use­able solely for parking of vehi­cles, build­ing access or storage in an area other than a basement and which are subject to flooding, designed to automat­ical­ly equalize hydrostat­ic flood forces on exterior walls by allowing for the entry and exit of flood ­waters.  De­signs for meeting this re­quire­ment must either be certified by a licensed profes­sional engineer or architect or meet or exceed the following minimum crite­ria:

 

(i) a minimum of two openings having a total net  area of not less than one square inch for  every square foot of enclosed area subject to flooding; and

 

(ii) the bottom of all such openings no higher than one foot above the lowest adjacent fin­ished grade.

 

Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of flood­waters. Enclosed areas sub-grade on all sides are considered basements and are not permitted.

 

(4)        Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, or in an area of moderate wave action, new construction and substan­tial improve­ments shall have the space below the lowest floor either free from ob­struction or con­structed with non-support­ing breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, dis­place­ment, or other struc­tural damage to the elevated portion of the build­ing or supporting founda­tion system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage.  Use of this space for human habitation is ex­pressly prohibited.  The construc­tion of stairs, stairwells and ele­vator shafts are sub­ject to the design requirements for breakaway walls.

 

Local Law 1, 2014 – Continued

 

5.2-3  UTILITIES

 

(1)        New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses.  Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

 

(2)       New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

 

(3)        New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters.  Sanitary sewer and storm drain­age systems for buildings that have openings below the base flood elevation shall be provided with auto­matic backflow valves or other automatic backflow devices that are installed in each dis­charge line passing through a building’s exterior wall; and,

 

(4)        On-site waste disposal systems shall be locat­ed to avoid impairment to them or contamina­tion from them during flooding.­

 

 

5.3    RESIDENTIAL STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS)

 

5.3-1    ELEVATION

 

The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the require­ments in sub-sections 5.1-2, SUBDIVISION PROPOSALS, and 5.1-3, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES.

 

(1)        Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new con­struction and substan­tial improve­ments shall have the low­est floor (in­clud­ing base­ment) ele­vated to or above two feet above the base flood elevation.

 

(2)        Within Zone A, when no base flood elevation data are avai­l­able, new and sub­stan­tial­ly im­pro­ved struc­tures shall have the lowest floor (in­cluding base­ment) ele­vated at least three feet above the highest adja­cent grade.

 

(3)        Within Zone AO, new and substantially im­proved struc­tures shall have the lowest floor (including basement) elevated above the high­est adjacent grade at least as high as two feet above the depth number speci­fied in feet on the commun­ity’s Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is speci­fied).

 

(4)        Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed struc­tures on slopes.

 

5.4       RESIDENTIAL STRUCTURES (COASTAL HIGH HAZ­ARD AREAS)

 

The following standards, in addition to the standards in sub-sections 5.1-1, COASTAL HIGH HAZARD AREAS, and 5.1-2, SUBDIVISION PROPOSALS, and Section 5.2, STANDARDS FOR ALL STRUCTURES, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V or in an area of

moderate wave action, on the community’s Flood Insurance Rate Map or Advisory Flood Hazard Map designated in Section 3.2.

 

 

 

Local Law 1, 2014 – Continued

                

                 5.4-1    ELEVATION

 

New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizon­tal struc­tural member sup­porting the lowest elevated floor (ex­cluding col­umns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the struc­ture) is elevated to or above two feet above base flood elevation so as not to impede the flow of water.

 

 

5.4-2    DETERMINATION OF LOADING FORCES

 

Structural design shall consid­er the effects of wind and wa­ter loads act­ing simultaneously during the base flood on all building compo­nents.

 

(1)        The structural design shall be adequate to resist water forces that would occur during the base flood.  Horizon­tal water loads con­sidered shall in­clude inertial and drag forces of waves, current drag forces, and impact forces from water­borne storm debris.  Dynamic uplift loads shall also be con­sid­ered if bulkheads, walls, or other natural or man-made flow obstruc­tions could cause wave runup beyond the elevation of the base flood.

 

(2)      Buildings shall be designed and con­structed to resist the forces due to wind pressure.  Wind forces on the super­struc­ture include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed.  In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house.

 

(3)        Wind loading values used shall be those required by the building code.

 

 

5.4-3    FOUNDATION STANDARDS

 

(1)        The pilings or column founda­tion and structure attached thereto shall be ade­quately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simulta­neously on all build­ing compo­nents.  Foun­dations must be designed to transfer safely to the under­lying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water).

 

(2)        Spread footings and fill material shall not be used for structur­al support of a new building or substan­tial improve­ment of an existing structure.

 

5.4-4    PILE FOUNDATION DESIGN

 

(1)        The design ratio of pile spac­ing to pile diameter shall not be less than 8:1 for indi­vidu­al piles (this shall not apply to pile clus­ters located below the design grade).  The maximum cen­ter-to-center spacing of wood piles shall not be more than 12 feet on center under load bear­ing sills, beams, or girders.

 

(2)        Pilings shall have adequate soil pene­tra­tion (bear­ing capacity) to resist the combined wave and wind loads (later­al and uplift) associated with the base flood acting simul­taneously with typical structure (live and dead) loads, and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles.  The minimum penetration for founda­tion piles is to an elevation of 5 feet below mean sea level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the BFE is greater than +10 msl.

 

(3)        Pile foundation analysis shall also in­clude con­sid­eration of piles in column action from the bottom of the structure to the stable soil eleva­tion of the site.  Pilings may be horizontally or diagonal­ly braced to withstand wind and water forc­es.

 

Local Law 1, 2014 – Continued

 

(4)        The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round timber piles and 8 by 8 inches for square timber piles.  All wood piles must be treated in accordance with require­ments of EPEE-C3 to minimize decay and damage from fungus.

 

(5)        Reinforced concrete piles shall be cast of con­crete having a 28-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a minimum of four longi­tudi­nal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area.  Reinforc­ing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Rein­forcement for piles cast in the field shall have a concrete cover of not less than 2 inches.

­

(6)        Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place.

 

(7)        Additional support for piles in the form of brac­ing may include lateral or diago­nal brac­ing be­tween piles.

 

(8)        When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam.  These at-grade supports should be securely at­tached to the piles to provide support even if scoured from beneath.

 

(9)        Diagonal bracing between piles, consist­ing of 2-inch by 8-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the verti­cal plane along pile rows

perpendicular to the shore­line. Galvanized steel rods (minimum diameter 1/2 inch) or cable type bracing is permitted in any plane.

 

(10)      Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows per­pen­dicu­lar and parallel to the shore­line.  Knee braces shall be 2-by-8 lumber bolted to the sides of the pile/beam, or 4-by-4 or larger braces framed into the pile/beam.  Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/8-inch lag bolt (each end) for square mem­bers.  Knee braces shall not extend more than 3 feet below the eleva­tion of the base flood.

 

5.4-5    COLUMN FOUNDATION DESIGN

 

(1)        Masonry piers or poured-in-place concrete piers shall be internally rein­forced to resist vertical and lateral loads, and be connected with a movement-re­sisting connec­tion to a pile cap or pile shaft.

 

5.4-6    CONNECTORS AND FASTENERS

 

(1)        Galvanized metal connec­tors, wood connec­tors, or bolts of size and number ade­quate for the calcu­lat­ed loads must be used to connect adjoining compo­nents of a structure.  Toe nailing as a principal method of connection is not permitted.  All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabri­cation.  Connectors in protected inte­rior loca­tions shall be fabricat­ed from galvanized sheet.

 

5.4-7    BEAM TO PILE CONNECTIONS

 

(1)        The primary floor beams or gir­ders shall span the sup­ports in the di­rec­tion par­allel to the flow of potential floodwater and wave action and shall be fas­tened to the columns or pilings by bolting, with or without cover plates.  Concrete members shall be connect­ed by reinforcement, if cast in place, or (of precast) shall be securely connected by bolting and weld­ing.  If sills, beams, or gird­ers are attached to wood piling at a notch, a minimum of two (5/8)-inch galva­nized steel bolts or two hot-dipped galvanized straps 3/16 inch by 4 inches by 18 inches each bolted with two 1/2 inch lag bolts per beam member shall be used.  Notching of pile tops shall be the minimum suf­ficient to provide ledge support for beam members without unduly weaken­ing pile connections.  Piling shall not be notched so that the cross section is re­duced below 50%.

Local Law 1, 2014 – Continued

 

5.4-8    FLOOR AND DECK CONNECTIONS

 

(1)        Wood 2- by 4-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders.  These should be installed on alternate floor joists, at a minimum.  Cross bridging of all floor joists shall be provided.  Such cross bridging may be 1- by 3-inch members, placed 8 feet on-center maximum, or solid bridging of same depth as joist at same spacing.

 

(2)       Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure.  The ply­wood should not be less than (3/4)-inch total thickness, and should be exterior grade and fas­tened to beams or joists with 8d annular or spiral thread galvanized nails.  Such fastening shall be supplemented by the applica­tion of waterproof industrial adhesive applied to all bearing surfac­es.

 

5.4-9    EXTERIOR WALL CONNECTIONS

 

(1)        All bottom plates shall have any required breaks under a wall stud or an anchor bolt.  Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie.  Continu­ous 15/32-inch or thicker plywood sheathing–overlapp­ing the top wall plate and continuing down to the sill, beam, or girder–may be used to provide the continuous tie.  If the sheets of plywood are not vertically continuous, then 2-by-4 nailer blocking shall be provided at all horizon­tal joints.  In lieu of the plywood, galvanized steel rods of 1/2-inch diameter or galvanized steel straps not less than 1 inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder.  Washers with a minimum diameter of 3 inches shall be used at each end of the 1/2-inch round rods.  These anchors shall be installed no more than 2 feet from each corner rod, no more than 4 feet on center.

 

5.4-10  CEILING JOIST/RAFTER CONNECTIONS

 

(1)        All ceiling joists or rafters shall be installed in such a manner that the joists provide a contin­uous tie across the rafters.  Ceiling joists and rafters shall be securely fastened at their inter­sections.  A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate.

 

Gable roofs shall be additionally stabilized by installing 2-by-4 blocking on 2-foot centers between the rafters at each gable end.  Blocking shall be installed a minimum of 8 feet toward the house interior from each gable end.

 

5.4-11  PROJECTING MEMBERS

 

(1)        All cantilevers and other projecting members must be ade­quately supported and braced to withstand wind and water uplift forces.  Roof eave over­hangs shall be limited to a maximum of 2 feet and joist overhangs to a maximum of 1 foot.  Larger overhangs and porches will be permitted if de­signed or reviewed and certified by a registered professional engineer or architect.

 

5.4-12   ROOF SHEATHING

 

(1)        Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent.  All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion resistant mate­rial.

 

(2)      All corners, gable ends, and roof overhangs ex­ceeding six inches shall be reinforced by the appli­cation of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang.

 

(3)      In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and spe­cial care should be used in securing ridges, hips, valleys, eaves, vents, chimneys, and other points of discontinuity in the roofing surface.

Local Law 1, 2014 – Continued

 

5.4-13  PROTECTION OF OPENINGS

 

(1)      All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 mph.  Connections for these elements must be designed to transfer safely the design loads to the supporting structure.  Panel widths of multi­ple panel sliding glass doors shall not exceed three feet.

 

5.4-14  BREAKAWAY WALL DESIGN STANDARDS

 

(1)        The breakaway wall shall have a design safe load­ing resis­tance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using estab­lished procedures.  Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load.  Knee braces are required for front row piles that support break­away walls.

 

(2)        Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered profes­sional engineer or architect has developed or re­viewed the structur­al design and specifications for the building foundation and breakaway wall compo­nents, and certifies that (1) the breakaway walls will fail under water loads less than those that would occur during the base flood; and (2) the elevated portion of the build­ing and supporting foundation system will not be subject to collapse, displacement, or other struc­tural damage due to the effects of wind and water loads acting simultaneously on all building compo­nents (structural and non-structural).  Water loading values used shall be those associated with the base flood.  Wind loading values shall be those required by the building code.

 

5.5       NON-RESIDENTIAL STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS)

 

The following standards apply to new and substantially improved commercial, indus­trial and other non-residential structures located in areas of special flood hazard, in addition to the require­ments in sub-sections 5.1-2, SUBDIVISION PROPOSALS, and 5.1-3, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES.

 

(1)        Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substan­tial improvements of any non-resi­dential structure, together with atten­dant utility and sanitary facilities, shall either:

 

(i) have the lowest floor, including base­ment or cel­lar, elevated to or above two feet above the base flood eleva­tion; or

 

(ii) be floodproofed so that the struc­ture is water­tight below two feet above the base flood elevation with walls substan­tially impermeable to the passage of water.  All structur­al components located below the base flood elevation must be capable of resisting hydrostatic and hydro­dynamic loads and the ef­fects of buoyancy.

 

(2)        Within Zone AO, new construction and substantial improvements of non-residential structures shall:

 

(i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified), or

 

(ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub-Section 5.2-3.

 

(3)        If the structure is to be floodproofed, a licensed profession­al engineer or architect shall develop and/or review struc­tural design, specifications, and plans for con­struc­tion.  A Floodproof­ing Certificate or other certification shall be provided to the Local Administra­tor that certifies the design and methods of construction are in accordance with ac­cepted standards of

 

prac­tice for meeting the provisions of sub-Section 5.5(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

 

(4)        Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.

• Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

 

5.6       NON-RESIDENTIAL STRUCTURES (COASTAL HIGH HAZARD AREAS)

 

(1)        In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substan­tial im­prove­ments of any non-residential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above two feet above the base flood elevation.  Floodproofing of structures is not an allow­able alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1-V30, VE and V.

 

5.7       MANUFACTURED HOMES AND RECREATIONAL VEHICLES

 

The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of

special flood hazard to manufactured homes and to recre­ational vehicles which are located in areas of special flood hazard.

 

(1)        Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V, and VE shall either:

 

(i) be on site fewer than 180 consecutive days,

(ii) be fully licensed and ready for highway use, or

(iii) meet the requirements for manufactured homes in paragraphs 5.7(2), (3) and (4).

 

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no perma­nently attached additions.

 

(2)        A manufactured home that is placed or sub­stan­tially improved in Zones A1-A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is se­curely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.  Elevation on piers consisting of dry stacked blocks is prohibited.

 

(3)        Within Zones A or V, when no base flood elevation data are avail­able, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength­ that are no less than 36 inches in height above grade and are securely an­chored to an adequately anchored foun­dation system to resist flotation, collapse or lateral move­ment.  Elevation on piers consisting of dry stacked blocks is prohibited.

 

(4)        Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified).  Elevation on piers consisting of dry stacked blocks is prohibited.

 

SECTION 6.0            VARIANCE PROCEDURES

 

6.1       APPEALS BOARD

 

(l)         The Town Zoning Board of Appeals (“ZBA”) as estab­lished by the Town Board of the Town of Orangetown shall hear and decide appeals and requests for variances from the requirements of this local law.

 

 

Local Law 1, 2014 – Continued

 

(2)        The ZBA shall hear and decide appeals when it is alleged there is an error in any require­ment, decision, or determination made by the Local Administra­tor in the enforce­ment or adminis­tration of this local law.

 

(3)        Those aggrieved by the decision of the ZBA may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

 

(4)        In passing upon such applications, the ZBA, shall consider all technical evalua­tions, all relevant factors, stan­dards specified in other sections of this local law and:

 

(i) the danger that materials may be swept onto other lands to the injury of others;

(ii) the danger to life and property due to flooding or erosion damage;

(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iv) the importance of the services provided by the proposed facility to the community;

(v) the necessity to the facility of a waterfront location, where applicable;

(vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(vii) the compatibility of the proposed use with existing and anticipated development;

(viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;

(x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(xii) the costs of providing governmental services during and    after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electri­cal, and water systems and streets and bridges.

 

(5)        Upon consideration of the factors of Section 6.l(4) and the purposes of this local law, the  ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law.

 

(6)        The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

 

6.2       CONDITIONS FOR VARIANCES

 

(l)         Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surround­ed by lots with existing structures constructed below the base flood elevation, providing items (i-xii) in Section 6.l(4) have been fully consid­ered.  As the lot size increases beyond the one-half acre, the technical justi­fication required for issuing the variance increases.

 

(2)        Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

 

(i) the proposed repair or rehabilitation will not preclude the structure’s continued designation as a “Historic structure”; and

 

(ii) the variance is the minimum necessary to preserve the historic character and design of the structure.

 

(3)        Variances may be issued by a community for new construc­tion and substantial improvements and for other develop­ment necessary for the conduct of a functionally depen­dent use provided that:

 

Local Law 1, 2014 – Continued

 

(i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and

 

(ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

 

(4)        Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood dis­charge would result.

 

(5)        Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

(6)        Variances shall only be issued upon receiving written justifi­cation of:

 

(i) a showing of good and sufficient cause;

 

(ii) a determination that failure to grant the variance would  result in exceptional hardship to the appli­cant; and

 

(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

 

(7)        Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signa­ture of a community official that the cost of flood insurance will be commen­surate with the increased risk resulting from lowest floor elevation.

 

 

APPLICATION #________                                                                                                                                                         Page 1 of 4

 

                      FLOODPLAIN DEVELOPMENT PERMIT APPLICATION

 

 

This form is to be filled out in duplicate.

 

SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign):               

 

1.           No work may start until a permit is issued.
2.           The permit may be revoked if any false statements are made herein.
3.           If revoked, all work must cease until permit is re-issued.
4.           Development shall not be used or occupied until a Certificate of Compliance is issued.
5.           The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issuance.
6.           Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory requirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance.
8.          I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE.

 

(APPLICANT’S SIGNATURE)                                                                             DATE                              

 

 

SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT)

 

NAME                                                          ADDRESS                                                               TELEPHONE                                        

APPLI­CANT

_____________________________________________________________________________________________                                                                                                                                                                                    

BUILD­ER

_____________________________________________________________________________________________                                                                                                                                                                                   

ENGI­NEER                                                                  ______________________________________________________________________________

 

PROJECT LOCATION:

 

To avoid delay in processing the application, please provide enough information to easily identify the project location.  Provide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting road or well-known landmark.  A map attached to this application, and a sketch showing the project layout would be helpful.

 

 

APPLICATION #________                                                                                                                                                       PAGE 2 of 4

 

DESCRIPTION OF WORK (Check all applicable boxes):

 

1. STRUCTURAL DEVELOPMENT

 

ACTIVITY                                           STRUCTURE  TYPE

 

G New Structure                                  G             Residential (1-4 Family)

G Addition                                            G             Residential (More than 4 Family)

G Alteration                                          G             Non-residential (Floodproofing?  G Yes)

G Relocation                                        G             Combined Use (Residential & Commercial)

G Demolition                                       G             Manufactured (Mobile) Home

G Replacement                                    (In Manufactured Home Park?  G Yes   G No)

 

ESTIMATED COST OF PROJECT $_________________

 

1. OTHER DEVELOPMENT ACTIVITIES:

 

G Fill      G Mining       G Drilling        G Grading

G Excavation (Except for Structural Development Checked Above)

G Watercourse Alteration (Including Dredging and Channel Modifications)

G Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds

G Road, Street or Bridge Construction

G Subdivision (New or Expansion)

G Individual Water or Sewer System

G Other (Please Specify)_________________________________________________________________

 

After completing SECTION 2, APPLICANT should submit form to Local Administrator for review.

 

SECTION 3:  FLOODPLAIN  DETERMINATION  (To be completed by LOCAL ADMINISTRATOR)

 

The proposed development is located on FIRM Panel No.                               , Dated                                .

 

The Proposed Development:

 

G    The proposed development is reasonably safe from flooding.   Entire property is in Zone B, C or X.

 

G    The proposed development is in adjacent to a flood prone area.

100-Year flood elevation at the site is:

__________Ft.  G NGVD 1929/   G NAVD 1988  (MSL)

G Unavailable

 

G     See Section 4 for additional instructions for development that is or may be in a flood prone area.

 

 

 

SIGNED                                                                                DATE                                

 

 

APPLICATION #________                                                                                                                                                       PAGE 3 of 4

 

SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRA­TOR)

 

The applicant must submit the documents checked below before the application can be processed:

 

G    A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and proposed   development.

 

G    Development plans and specifications, drawn to scale, including where applicable: details for anchoring structures, proposed elevation of lowest floor (including basement), types of water resistant materials used below the first floor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor,  openings in foundation for  entry and exit of floodwaters.

Other____________________________________________

 

G    Elevation Certificate

 

G    Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres,         whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise available).

 

G    Plans showing the watercourse location, proposed relocations, Floodway location.

 

G   Topographic information showing existing and proposed grades, location of all proposed fill.

 

G    Top of new fill elevation __________Ft.  G NGVD 1929/   G NAVD 1988  (MSL)

 

G    PE Certification of Soil Compaction

 

G    Floodproofing protection level (non-residential only)           G NGVD 1929/   G NAVD 1988  (MSL)

For floodproofed structures, applicant must attach certification from registered engineer or architect.

 

G Other:       ____________________________________________________________________________

 

 

 

SECTION 5:  PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR)

 

I have determined that the proposed activity:     A.    G Is

1.    G Is not

in conformance with provisions of Local Law #_________,   (yr)______.  This permit is herby issued subject to the conditions attached to and made  part of this permit.

 

SIGNED__________________________________, DATE_______________________________

 

If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee.

If BOX B is checked, the Local Administrator will provide a written summary of deficiencies.  Applicant may revise and resubmit an   application to the Local Administrator or may request a hearing from the Board of Appeals.

 

Expiration Date:  ______________________

APPLICATION #________                                                                                                                        PAGE 4 of 4

 

APPEALS:    Appealed to Board of Appeals?  G Yes   G No

Hearing date:__________________________

Appeals Board Decision — Approved?  G Yes   G No

 

Conditions:  ____________________________________________________________________________

 

 

 

SECTION 6:  AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued)

 

The following information must be provided for project structures.  This section must be completed by a registered professional engineer or a licensed land surveyor (or attach a certification to this application).  Complete 1 or 2 below.

 

1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bottom of lowest structural member of the lowest floor, excluding piling and columns) is:                        FT. G NGVD 1929/

G NAVD 1988  (MSL).

Attach Elevation Certificate FEMA Form 81-31

 

2. Actual (As-Built) Elevation of floodproofing protection is  FT. G NGVD 1929/   G NAVD 1988  (MSL).

            Attach Floodproofing Certificate FEMA Form 81-65

 

NOTE:   Any work performed prior to submittal of the above information is at the risk of the Applicant.

 

 

 

SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR)

 

The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure compliance with the community’s local law for flood damage prevention.

 

INSPECTIONS:   DATE____________BY_____________DEFICIENCIES?   G YES   G NO

DATE____________BY_____________DEFICIENCIES?   G YES   G NO

DATE____________BY_____________DEFICIENCIES?   G YES   G NO

 

 

SECTION 8:  CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR)

 

Certificate of Compliance issued:  DATE: ________________________________

 

BY:  _______________________________________________

 

 

CERTIFICATE OF COMPLIANCE

FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA

 

(Owner Must Retain This Certificate)

 

 

Premises located at:        __________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

 

Owner:                           .. __________________________________________________________                         

 

Owner’s Address:          __________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

 

 

Permit No.    ___      Permit Date:      _______ 

 

Check One:

     New Building

     Existing Building

     Fill

     Other:                                             

 

The Local Floodplain Administrator is to complete a. or b. below:

 

1. Compliance is hereby certified with the requirements of Lo­cal Law No. of__ ____

 

Signed:                                                             Dated:________________________                

 

1. Compliance is hereby certified with the requirements of Local Law No. of___ , as modified by variance no.          , dated                                                                .

 

 

Signed:___________________________                     Dated: _______________________

 

Section 3:        This Local Law shall become effective on March 3, 2013, following filing with the Secretary of State

* * *

 

RESOLUTION NO. 61                                            ENTER EXECUTIVE SESSION  LOBBY AGREEMENT/WILSON ELSER GOVERNMENT AFFAIRS

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, John Edwards, Teresa Kenny, and Jeff Bencik.

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that the Town Board entered Executive Session to discuss government affairs with Wilson Elser, at 8:13 p.m.

 

Ayes:         Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 62                                            RE-ENTER RTBM

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that the Town Board reentered the Regular Town Board Meeting, at 8:40 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes:         None

* * *

 

RESOLUTION NO. 63                                            WILSON ELSER/RENEW LOBBY AGREEMENT/GOVERNMENT AFFAIRS
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED that the Orangetown Town Board approves to renew lobbying agreement and continue government affairs services for 2014 with Wilson Elser.

 

Ayes:         Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 64                                            PERMISSION GRANTED/KENECK SKIBINSKI/NYWEA ANNUAL MEETING

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED , upon recommendation of the Commissioner of DEME , permission is hereby granted for Keneck Skibinski to attend the 2014 NYWEA Annual Meeting at the Marriot

Marquis in New York City from February 4 – 6, 2014, at a cost of $1,212.00, said amounts to be billed to Accounts G.8130.441 ($455.00) course registration, and G.8130.480 ($757.00 for lodging and travel expenses).

 

Ayes:         Supervisor Stewart

Councilpersons Morr, Troy, Diviny, Valentine

Noes:         None

* * *

RESOLUTION NO. 65                                            PERMISSION GRANTED/VINCENT MATTHEWS/BASIC WASTEWATER OPERATIONS COURSE

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, upon recommendation of Joseph Moran, Commissioner, to grant Permission for Vincent Matthews to attend the Basic Wastewater Operations Course at Morrisville State College, Morrisville, New York from February 24 – March 7, 2014, at a cost of $2,225.00, said amounts to be billed to Accounts G.8130.441 ($975.00) course registration, and G.8130.480 ($1,250.00 for lodging and travel expenses, with use of a town car provided).

 

Ayes:         Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 66                                            2014 GOLF FEE SCHEDULE

 

Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, upon recommendation of the Superintendent of Parks and Recreation, the following 2014 Golf Fee Schedule is hereby adopted:

 

Town of Orangetown Department of Recreation and Parks

2014 Blue Hill Fee Schedule

 

Permit Rates
Type:	2012 Fee:	2013 Fee:	2014 Fee:
Adult Resident	$65.00	$65.00	$60.00
Senior Resident	$50.00	$50.00	$50.00
Youth Resident	$30.00	$20.00	$20.00
Youth Associate	—	$30.00	$30.00
Broadacres Grandfather	$90.00	$90.00	$90.00
Associate	$100.00	$90.00	$75.00
Corporate	$300.00	$300.00	$300.00

 

 

Weekday Resident Greens Fees
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Weekday Resident	$29.00	$29.00	$31.00
Weekday Resident-After 3:30pm	$22.00	$22.00	$24.00
Weekday Senior	$24.00	$24.00	$26.00
Weekday Senior-9 Hole	$18.00	$18.00	$20.00
Weekday Senior-After 3:30pm	$18.00	$18.00	$20.00
Weekday Youth	$18.00	$18.00	$18.00
Weekday Youth-After 3:30pm	$15.00	$15.00	$15.00

 

Weekday Associate/Corporate Greens Fees
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Associate Weekday	$42.00	$42.00	$42.00
Associate Weekday – After 3:30pm	$27.00	$27.00	$27.00
Associate-After 6pm (June, July, August)	$22.00	$22.00	$22.00
Corporate Weekday	$44.00	$44.00	$44.00
Corporate Weekday – After 3:30pm	$29.00	$29.00	$29.00
Corporate-After 6pm (June, July, August)	$25.00	$25.00

 

Weekend Resident Greens Fees
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Weekend Resident	$35.00	$35.00	$35.00
Weekend Resident-After 3:30pm	$24.00	$24.00	$24.00
Weekend Senior-After 3:30pm	$22.00	$22.00	$22.00
Weekend Youth-After 3:30pm	$19.00	$19.00	$19.00

 

 

Weekend Associate/Corporate Greens Fees
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Associate Weekend	$47.00	$47.00	$47.00
Associate Weekend – After 3:30pm	$31.00	$31.00	$31.00
Corporate Weekend	$52.00	$52.00	$52.00
Corporate Weekend – After 3:30pm	$34.00	$34.00	$34.00
Seasonal Associate Alternate	$20.00	$20.00	$20.00
Seasonal Corporate Alternate	$18.00	$18.00	$18.00

 

 

Non-Resident Greens Fees
Service:	2012 Fee:	2013 Fee:
Weekday Non-Resident	$48.00	$48.00	$48.00
Weekday Non-Resident – After 3:30pm	$31.00	$31.00	$31.00
Non-Resident – After 6pm (June, July, August)	$26.00	$26.00	$26.00
Weekend Non-Resident	$57.00	$57.00	$57.00
Weekend Non-Resident – After 3:30pm	$36.00	$36.00	$36.00
Seasonal Non-Resident	$30.00	$30.00	$30.00

 

 

Outing/Tournament Fees
Service:	2011 Fee:	2012 Fee:
Green Fee & Cart	$60.00	A.M. 18 Hole SG min 100 ppl. – $60.00	A.M. 18 Hole SG min 100 ppl. – $60.00
		P.M. 18 Hole SG min 100 ppl. – $65.00	P.M. 18 Hole SG min 100 ppl. – $65.00
		Consecutive Start – $60.00	Consecutive Start – $60.00

 

 

Golf Cart Rental Rates
Service:	2012 Fee:	2013 Fee:	2014 Fee:
18 Hole Cart	$36.91	$36.91	$36.91
9 Hole Cart	$18.46	$18.46	$18.46
Single 9 Hole Cart Rate	$10.15	$10.15	$10.15
Senior Cart	$29.53	$29.53	$29.53
Senior 9 Hole Cart	$14.77	$14.77	$14.77
Senior Single 9-Hole Cart	$7.39	$7.39	$7.39

 

 

Winter Rates No Earlier Than 10/23 – No Later Than 4/1
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Residents	$23.00	$23.00	$23.00
Senior Residents	$17.00	$17.00	$17.00
BA Senior Resident 9 Hole	$15.00	$15.00	$15.00
Associates	$35.00	$35.00	$35.00
Corporate	$38.00	$38.00	$38.00
Non-Residents	$40.00	$40.00	$40.00

 

Golf Course Staff Rates
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Mon. – Thu.	$10.00	$10.00	$10.00
Mon. – Thu. Twilight	$5.00	$5.00	$5.00
Friday	$11.00	$11.00	$11.00
Sat. – Sun.	$16.00	$16.00	$16.00
Sat. – Sun. Twilight	$6.00	$6.00	$6.00

 

Resident Seasonal Rates:
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Seasonal Program:	$38.00	$38.00	$40.00

 

Weekday Mid-Day Rates:
Service:	2012 Fee:	2013 Fee:	2014 Fee:
Resident Mid Day	$25.00	$25.00	$27.00
Associate Mid Day	$33.00	$33.00	$35.00

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

RESOLUTION NO. 67                                            APPOINT LIZBETH BUCK PERMANENT/SENIOR CLERK TYPIST/JUSTICE COURT

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, upon the recommendation of Rockland County Personnel and the Human Resources Coordinator, appoint Lizbeth Buck to the position of Senior Clerk Typist, permanent, from list #13084 (NCP T&E), no change in salary, effective January 28, 2014.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 68                                            APPOINT/POLICE OFFICERS/KEITH E. TROJAN/ THOMAS D. ROEDER

 

Councilman Morr offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED that upon the recommendation of the Chief of Police, and per the authorization of Rockland County Department of Personnel, Keith E. Trojan and Thomas D. Roeder from Rockland County Civil Service List #12100/61-134 Police Officer, to the “Temporary” position of “Police Officer”, for the sole purpose of allowing each to attend the Rockland County Police and Public Safety Academy, at a salary consistent with the labor agreement between the Town of Orangetown and the Orangetown PBA.

 

Ayes:         Councilpersons Morr, Valentine, Troy, Diviny

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 69                                            PERMISSION GRANTED/SGT JAMES SULLIVAN/35^TH ANNUAL HOSTAGE NEGOTIATIONS SEMINAR

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED upon the recommendation of the Chief of Police, permission is hereby granted to Sgt. James Sullivan to attend the 35th Annual Hostage Negotiations Seminar, sponsored by the Baltimore County Police & Federal Bureau of Investigation, on February 11-12, 2014, in Baltimore, Maryland, with tuition and lodging being paid for by the Rockland County Regional Entry and Counter-Terrorism Team (REACT). Sgt Sullivan would use a Town car.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 70                                            POLICE GENERAL ORDERS MANUAL FILED IN TOWN CLERK’S OFFICE

 

Councilman Morr offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Chief of Police, the Orangetown Police Department’s General Orders Manual (CD) is hereby filed in the Orangetown Town Clerk’s Office.

 

Ayes:         Councilpersons Morr, Valentine, Troy, Diviny

Supervisor Stewart

Noes:         None

RESOLUTION NO. 71                                            ACCEPT/RECEIVE/FILE/ TOWN CLERK’S OFFICE

 

Councilman Morr offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the following documents are accepted, received and filed in the Town Clerk’s Office:

1. Regular Town Board/Executive Session minutes – January 14, 2014.
2. Covenant, Hold Harmless & Indemnification between the Town and Vincent B. Stapleton, 207 W. Washington Ave, Pearl River (68.15-3-12).
3. Orangeburg Library 2014 Agreement, Board of Trustees Minutes (12/9/2013, By-Laws dated May 2010 and Borrowing Rules.

 

Ayes:         Councilpersons Morr, Troy, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 72                                            CLOSE INACTIVE CAPITAL PROJECTS ACCOUNTS

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Supervisor of Fiscal Services, the following inactive Capital Projects are hereby closed:

 

1. Tappan Hamlet Improvements
2. Highway Vehicles – 2006
3. Sewer Vehicles – 2006
4. Highway Vehicles – 2009
5. Highway Machinery – Garage Renovations
6. Highway Sidewalk CDBG
7. Sparkill Creek Flood Mitigation – Rail Trail

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 73                                            COLUMCILLE INC/PROPOSED TEXT AMENDMENT/“INDIVIDUAL FITNESS & TRAINING CENTER”  DECLARATION OF INTENT TO BE LEAD AGENCY/CIRCULATION LETTER

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

WHEREAS, COLUMCILLE, INC. has petitioned the Town Board to amend the Town Zoning Law, adding “Individual Fitness and Training Center” as a Conditional Use by the Planning Board in the “LIO” zoning district; and

 

WHEREAS, pursuant to Chapter 43, § 10.5 of the Town Code, the Town Board referred the proposed amendment to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment; and

 

WHEREAS, the Town Planning Board, by Memorandum dated January 16, 2014, generally endorsed the proposed conditional use as appropriate to the LIO zoning district; and

 

 

 

Resolution No. 73 – Continued

 

WHEREAS, the Town Board wishes to proceed with its consideration of the amendment, toward which end it wishes to commence the environmental review process, as well as review by other interested agencies; and

 

WHEREAS, upon review of the Petition, Short Environmental Assessment Form, and related documents and filings, the Board makes the following preliminary determinations:

1. The proposed action is one subject to review under the State Environmental Quality Review Act (“SEQRA”);
2. The proposed action as an “Unlisted” action; and
3. The following are involved or interested or involved agencies in the review process:

• Orangetown Planning Board;
• Rockland County Department of Planning;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; and

 

BE IT FURTHER RESOLVED, that the circulation to the Rockland County Department of Planning further be for the purpose of review pursuant to General Municipal Law §§ 239- l & m.

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 74                                            WAIVE BID BOND/THE WASHING BOARD/POLICE UNIFORMS                                                 

Under new business, Councilman Troy offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Town Attorney, the Town Board hereby waives the Bond for The Washing Board, Pearl River, relating to Dry Cleaning, Laundering, Minor Sewing and Repairs of the Orangetown Police Department’s Uniforms Bid.

 

Ayes:         Councilpersons Troy, Diviny, Morr, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 75                                                        PAY VOUCHERS

 

 

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

 

RESOLVED, the Finance Office is hereby authorized to pay vouchers for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds for a total amount of $1,187,276.06.

 

Ayes:         Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes:         None

* * *

 

RESOLUTION NO. 76                                            RE-ENTER EXECUTIVE SESSION POLICE PERSONNEL

 

In attendance, at this Executive Session, were Supervisor Stewart, Councilmen Troy, Diviny, Morr and Valentine, John Edwards, Teresa Kenny, Jeff Bencik, Chief Nulty and Donna Morrison.

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, that the Town Board entered Executive Session to discuss Police Personnel matters, at 8:35 p.m.  Supervisor Stewart said no further votes will be taken.

 

Ayes:         Councilpersons Diviny, Valentine, Troy, Morr

Supervisor Stewart

Noes:         None

* * *

RESOLUTION NO. 77                                            RE-ENTER RTBM ADJOURNED/MEMORY

 

Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

 

RESOLVED, that the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of Edmund (Sandy) Braun II, member of the Orangetown Auxiliary Police, Orangeburg Fire Department and Rockland County Hazmat Team; William Prime Batson, Nyack and a WWII Veteran; John O’Brien, Pearl River and a Army Veteran; Annie Lynch, Pearl River; Frank J. McDonald, Sparkill, a WWII Veteran, NYPD Lieutenant-Detective, Pearl River AOH’s First President            and organizer of the first Pearl River St Patrick’s Day parade; and John W. (Jack) Kane, Jr., Blauvelt and a WWII Veteran, at 10:03 p.m.

 

Ayes:         Supervisor Stewart

Councilpersons Troy, Diviny, Morr, Valentine

Noes:         None

 

 

 

____________________________________

                                                                        Teresa Accetta-Pugh, Deputy Clerk