Village of Mamaroneck, NY
Westchester County
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Chapter 186: FLOOD DAMAGE PREVENTION; EROSION AND SEDIMENT CONTROL
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 5-27-1987 by L.L. No. 8-1987, effective 6-1-1987. Editor's Note: This local law also repealed former Ch. 186, Flood Damage Prevention, adopted 12-17-1984 by L.L. No. 35-1984, effective 12-24-1984, as amended. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 126.
Coastal management — See Ch. 146.
Critical environmental areas — See Ch. 168.
Freshwater wetlands — See Ch. 192.
Zoning — See Ch. 342.
Subdivision Regulations — See Ch. A348.
[Amended 5-22-1989 by L.L. No. 9-1989, effective 6-8-1989; 7-9-2007 by L.L. No. 11-2007, effective 7-20-2007]

§ 186-1 Findings; purpose; objectives.

A. Findings. The Board of Trustees of the Village of Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this article is adopted.
B. Statement of purpose. It is the purpose of this article 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 for and maintain participation in the National Flood Insurance Program.
C. Objectives. The objectives of this article are:
(1) 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.

§ 186-2 Definitions.

A. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. As used in this article, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation of any provision of this article or a request for a variance.
AREA OF SHALLOW FLOODING
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 foot 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
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 "100-year floodplain." For purposes of this article, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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 HIGH HAZARD AREA
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 V1-V30, VE, VO, or V.
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
CRITICAL FACILITIES
(1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;
(2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;
(3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and
(4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years.
DEVELOPMENT
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
A nonbasement building (i) built, in the case of a building in Zone 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 Zone V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone 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 Zone 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
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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 watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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)
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."
FLOOD or FLOODING
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(2) "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 Subsection (1)(a) above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates 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
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
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
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:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this article 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
Lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.
MANUFACTURED HOME
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
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
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
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
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
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred 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
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 § 186-4D(2).
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
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
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% of the market value of the structure before the damage occurred.
[Amended 9-4-2012 by L.L. No. 9-2012, effective 9-14-2012]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% 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:
[Amended 9-4-2012 by L.L. No. 9-2012, effective 9-14-2012]
(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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this article which permits construction or use in a manner that would otherwise be prohibited by this article.

§ 186-3 Applicability; basis for establishing areas of special flood hazard; interpretation; penalties for offenses.

A. Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the Village of Mamaroneck.
B. Basis for establishing the areas of special flood hazard.
[Amended 5-10-2010 by L.L. No. 14-2010, effective 5-26-2010; 7-16-2012 by L.L. No. 8-2012, effective 7-27-2012 Editor’s Note: Section 3 of this local law provided that the legislation take effect on 12-19-2012. A complete copy of the local law is on file in the Village offices. ]
(1) The areas of special flood hazard for the Village of Mamaroneck, Community Number 360916, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(a) Flood Insurance Rate Map Panel Numbers 36119C0353F, 36119C0354F, and 36119C0361F, whose effective date is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
(b) A scientific and engineering report entitled "Flood Insurance Study, Westchester County, New York, All Jurisdictions" dated September 28, 2007, as amended by Letter of Map Revision, Case Number 10-02-0681P.
(c) Letter of Map Revision, Case Number 10-02-0681P, dated April 6, 2010, amending Table 7 of the "Flood Insurance Study, Westchester County, All Jurisdictions" and Panel 36119C0353F of the Flood Insurance Rate Map.
(d) Letter of Map Revision, Case Number 10-02-0098P, dated October 19, 2010, amending Panel 36119C0361F of the Flood Insurance Rate Map.
(e) Letter of Map Revision, Case Number 10-02-1072P, dated December 19, 2012, amending Panel 36119C0353F of the Flood Insurance Rate Map.
(2) The above documents are hereby adopted and declared to be a part of this article. The Flood Insurance Study and/or maps are on file at the Village of Mamaroneck Building Department.
C. Interpretation and conflict with other laws.
(1) This article includes all revisions to the National Flood Insurance Program through March 20, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(2) In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.
D. Severability. The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.
E. Penalties for noncompliance. 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 article and any other applicable regulations. Any infraction of the provisions of this article 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 article 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 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Mamaroneck from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this article for which the developer and/or owner has not applied for and received an approved variance under § 186-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
F. Warning and disclaimer of liability. The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the Village of Mamaroneck, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

§ 186-4 Administration.

A. Designation of the local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this article by granting or denying floodplain development permits in accordance with its provisions.
B. The floodplain development permit.
(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 ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 186-3B, 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.
(2) Fees. All applications for a floodplain development permit shall be accompanied by an application fee, as set forth in Chapter A347, Fees. In addition, the applicant shall be responsible for reimbursing the Village of Mamaroneck for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
C. 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 Zone A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(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 Zone V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 186-5B(3).
(5) A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 186-5E and F.
(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 § 186-3B, 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 five acres.
(9) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.
(10) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain development permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this article.
D. Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to the following:
(1) Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
(a) Review all applications for completeness, particularly with the requirements of § 186-4C, and for compliance with the provisions and standards of this article.
(b) 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 § 186-5 and, in particular, § 186-5A(2).
(c) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 186-5, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(d) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(2) Use of other flood data.
(a) 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 § 186-4C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this article.
(b) 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 article.
(3) Alteration of watercourses. The local administrator shall:
(a) Notify 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.
(b) 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) Construction stage.
(a) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall 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).
(b) 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). 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).
(c) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(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.
(6) Stop-work orders.
(a) 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 § 186-3E.
(b) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this article and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 186-3E.
(7) Certificate of compliance.
(a) In areas of special flood hazard, as determined by documents enumerated in § 186-3B, 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 article.
(b) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
(c) Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 186-4D(5), 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.
(8) Information to be retained. The local administrator shall retain and make available for inspection, copies of the following:
(a) Floodplain development permits and certificates of compliance;
(b) Certifications of as-built lowest floor elevations of structures, required pursuant to § 186-4D(4)(a) and (b), and whether or not the structures contain a basement;
(c) Floodproofing certificates required pursuant to § 186-4D(4)(a), and whether or not the structures contain a basement;
(d) Variances issued pursuant to § 186-6; and
(e) Notices required under § 186-4D(3).

§ 186-5 Construction standards.

A. 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 designated in § 186-3B.
(1) Coastal high hazard areas. The following requirements apply within Zones V1-V30, VE and V:
(a) 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.
(b) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.
(c) Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
(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):
(a) Proposals shall be consistent with the need to minimize flood damage;
(b) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and
(c) Adequate drainage shall be provided to reduce exposure to flood damage.
(3) Encroachments.
(a) 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:
[1] 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
[2] The Village of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Mamaroneck for all costs related to the final map revision.
(b) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 186-3B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1] 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
[2] The Village of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Mamaroneck for all costs related to the final map revisions.
(c) Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation.
B. Standards for all structures.
(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.
(2) Construction materials and methods.
(a) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
(b) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
(c) For enclosed areas below the lowest floor of a structure within Zone 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: [1] 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 [2] 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 subgrade on all sides are considered basements and are not permitted.
(d) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting 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 is subject to the design requirements for breakaway walls.
(3) Utilities.
(a) 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. 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;
(b) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(c) 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
(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
C. Elevation of residential structures (except coastal high hazard areas). The following standards, in addition to the standards in §§ 186-5A(2) and (3) and 186-5B, apply to structures located in areas of special flood hazard as indicated.
(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 level.
(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 § 186-3B (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.
D. Residential structures (coastal high hazard areas). The following standards, in addition to the standards in §§ 186-5A(1) and (2) and 186-5B, apply to structures located in areas of special flood hazard shown as Zone V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 186-3B.
(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 level so as not to impede the flow of water.
(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.
(a) 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.
(b) 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.
(c) Wind loading values used shall be those required by the building code.
(3) Foundation standards.
(a) 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).
(b) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure.
(4) Pile foundation design.
(a) 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.
(b) 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 five 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.
(c) 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.
(d) The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight inches by eight 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.
(e) Reinforced concrete piles shall be cast of concrete having a twenty-eight-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 two inches.
(f) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place.
(g) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles.
(h) 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.
(i) Diagonal bracing between piles, consisting of two-inch-by-eight-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.
(j) 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 two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two five-eigths-inch galvanized steel bolts (each end) for two-by-eight members, or one five-eigths-inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood.
(5) Column foundation design. 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.
(6) Connectors and fasteners. 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.
(7) Beam-to-pile connections. 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 five-eigths-inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two one-half-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%.
(8) Floor and deck connections.
(a) Wood two-inch-by-four-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 one-inch-by-three-inch members, placed eight feet on-center maximum, or solid bridging of same depth as joist at same spacing.
(b) 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.
(9) Exterior wall connections. 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 fifteen-thirty-seconds-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 two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of one-half-inch diameter or galvanized steel straps not less than one 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 three inches shall be used at each end of the one-half-inch round rods. These anchors shall be installed no more than two feet from each corner rod, no more than four feet on center.
(10) Ceiling joist/rafter connections. 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 two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end.
(11) Projecting members. 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 two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 186-4C of this article.
(12) Roof sheathing.
(a) 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.
(b) 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.
(c) 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.
(13) Protection of openings. All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 miles per hour. 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.
(14) Breakaway wall design standards.
(a) The breakaway wall shall have a design safe loading resistance of not less than 10 pounds per square foot 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
(b) 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 nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code.
E. Nonresidential structures (except coastal high hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in §§ 186-5A(2) and (3) and § 186-5B.
(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 nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(a) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
(b) Be floodproofed so that the structure is watertight below two feet above the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(a) 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
(b) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 186-5B(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 § 186-5E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
F. Nonresidential structures (coastal high hazard areas). In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to the base flood elevation in Zones V1-V30, VE and V.
G. Manufactured homes and recreational vehicles. The following standards, in addition to the standards in §§ 186-5A and B, 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: (a) be on site fewer than 180 consecutive days, (b) be fully licensed and ready for highway use, or (c) meet the requirements for manufactured homes in §§ 186-5G(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 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 Zone 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 § 186-3B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
H. Critical facilities. In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard, or within any five-hundred-year flood zone shown as a B Zone or a Shaded X Zone on the Community's Flood Insurance Rate Maps.

§ 186-6 Variance procedure.

A. Appeals board.
(1) The Planning Board as established by the Village of Mamaroneck shall hear and decide appeals and requests for variances from the requirements of this article.
(2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this article.
(3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
(k) 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
(l) 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 § 186-6A(4) and the purposes of this article, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(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.
B. Conditions for variances.
(1) 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 level, providing items § 186-6A(4)(a) through (g) 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:
(a) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
(b) 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:
(a) The criteria of § 186-6B(1), (4), (5) and (6) are met;
(b) 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:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 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.

§ 186-7 Statutory authority; findings; purpose.

A. This article is adopted pursuant to the authority of the Village of Mamaroneck to promote the public health, safety and general welfare of its citizenry under New York State Municipal Home Rule Law, § 10, and New York Environmental Conservation Law, Article 36, and other applicable provisions of state and federal law.
B. Findings. The Village of Mamaroneck finds that:
(1) Excessive quantities of soil may erode from areas undergoing development for certain uses, including but not limited to the construction of dwelling units, commercial buildings, and industrial plants, the building of roads and highways and the creation of recreational facilities.
(2) The washing, blowing and deposition of eroded soil across and upon roadways endangers the health and safety of users thereof by decreasing visibility and reducing traction of road vehicles.
(3) Soil erosion necessitates the costly repair of gullies, washed-out fills and embankments.
(4) Sediment from soil erosion clogs sewers and ditches and pollutes and silts rivers, streams, lakes, harbors and reservoirs.
(5) Sediment limits the use of water and watercourses for beneficial purposes, promotes the growth of undesirable aquatic weeds, destroys fish and other desirable aquatic life, and is costly and difficult to remove.
(6) Sediment reduces the channel capacity of watercourses and increases the likelihood of flooding.
C. Statement of purpose. It is the purpose of this article to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land situated in the Village of Mamaroneck.

§ 186-8 Definitions.

A. Unless specifically defined below, words and phrases used in this article shall be interpreted to have the meanings they have in common English usage, to give effect to the purpose set forth in § 186-7 and to provide reasonable application of this article.
B. As used in this article, the following terms shall have the meanings indicated:
ADDITION
Any work on an existing structure which changes the external dimensions of such structure.
AGENT
The Building Inspector, who is designated to administer this article.
APPEAL
A request for a review of the agent's interpretation of any provision of this article or a request for a variance.
BEST MANAGEMENT PRACTICES
Procedures and measures pertaining to construction activities, which are intended to minimize water pollution, retain valuable topsoil, and prevent erosion and sedimentation, and include, but are not limited to, those practices contained in the Westchester County Best Management Practices Manual series.
BEST MANAGEMENT PRACTICES MANUAL (BMP)
The series of manuals, prepared, published and occasionally amended by Westchester County, consisting of various volumes on best management practices for certain described activities, and, specifically, the volume for Construction Related Activities.
BUILDING PERMIT
A permit issued by the municipality for the construction, erection or alteration of a structure or building.
CERTIFICATION
Formal attestation that the specific inspections and tests, where required, have been performed, and that such tests comply with the applicable requirements of this article.
CUBIC YARDS
The amount of material in excavation and/or fill measured by the method of average and areas.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, removal of vegetation, excavation, blasting or drilling operations.
DEVELOPMENT PERMIT
Any permits, grants or licenses issued by the municipality, including but not limited to building, grading, clearing, demolition, wetlands and excavation permits, and subdivision and site plan approvals.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by a New York State licensed engineer indicating the specific measures and sequencing to be used in controlling sediment and erosion on a development site both during and after construction.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or bulldozed, and shall include the conditions resulting therefrom.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavation or filling.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.
FINAL GRADE
The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
GRADING
Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.
LAND-DISTURBING ACTIVITY
Any land change which may result in soil erosion from water or wind and the movement of soil into waters or onto lands, or increased runoff of waters, including but not limited to clearing, grading, excavating, transporting and filling of land.
NATURAL DRAINAGE
Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.
PARCEL
All contiguous land under one ownership.
PERMANENT VEGETATION
Ground cover mature enough to control soil erosion satisfactorily and to survive severe weather conditions.
PERMITTEE
Any person to whom a site development permit is issued.
PERMITTING AUTHORITY
The Village official or agency to whom a site development application is submitted for approval.
PERSON
Any individual, firm or corporation, public or private, the State of New York and its agencies or political subdivisions and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
REMOVAL
Cutting vegetation to the ground or leaving it as stumpage, complete extraction or killing by spraying.
SITE
A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT
Altering terrain and/or vegetation and constructing improvements.
SITE DEVELOPMENT PERMIT
A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
SITE PLAN
The map or drawn representation of a proposed development, which is submitted to the Municipal Planning Board for consideration and approval.
SOIL STABILIZATION
Measures which protect soil from the erosive forces of raindrop impact and flowing water and include, but are not limited to, vegetative establishment, mulching and the early application of gravel base on areas to be paved.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development, including land preparation, such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings, such as garages.
STRIPPING
Any activity which removes the vegetative surface cover, including tree removal, clearing and storage or removal of topsoil.
SUBDIVISION
Any tract of land which is divided into two or more habitable building sites or parcels on any site along an existing or proposed street, highway, easement or right-of-way, or other means or proposed means of access, road or street, for sale, lease or rent, regardless of whether the sites are to be sold or offered for sale or leased for any period of time, are described by metes and bounds, or by reference to a map or survey of the property or by any other method of description. "Subdivision" also has any meaning it presently has under the laws of the Village of Mamaroneck.
TEMPORARY STREAM CROSSING
A temporary structural span installed across a flowing watercourse for use by construction traffic. Structures may include bridges, round pipes or pipe arches.
VARIANCE
A grant of relief from the requirements of this article, which permits a person to undertake construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
WATERCOURSE
Any body of water, including but not limited to lakes, ponds, rivers, streams, intermittent streams and bodies of water which are classified by the New York State Department of Environmental Conservation under Part 6 of the New York Code of Rules and Regulations, and/or delineated on the Hydrologic Features Map of the Westchester County Environmental Planning Atlas, and/or delineated on the USGS 7.5-Minutes Quadrangle Sheet(s) for the Village of Mamaroneck.

§ 186-9 General principles.

The objective of this article is to control soil erosion and sedimentation caused by development activities in the Village of Mamaroneck. Measures taken to control erosion and sedimentation shall be adequate to ensure that sediment is not transported from the site by a storm event of ten-year frequency or less. The following principles shall apply to all development activities within the Village of Mamaroneck and to the preparation of the submissions required under § 186-10 of this article:
A. Selection of control measures. The selection of erosion and sedimentation control measures shall be based on assessment of the probable frequency of climatic and other events likely to contribute to erosion, and on an evaluation of the risks, costs and benefits involved.
B. Protection of adjacent properties.
(1) Properties adjacent to the site of a land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, dikes or sediment basins, or by a combination of such measures.
(2) Vegetated buffer strips may be used alone only where runoff in sheet flow is expected. Buffer strips should be at least 20 feet in width. If, at any time, it is found that a vegetated buffer strip alone is ineffective in preventing sediment movement onto adjacent property, additional perimeter controls must be provided.
C. Cut and fill slopes.
(1) Development shall reflect the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
(2) In the design of cut and fill slopes, consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one year of construction must be provided with additional stabilizing measures until the problem is corrected.
D. Vegetation.
(1) Natural vegetation shall be retained and protected wherever possible. A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation and related structures shall be installed as soon as practical or within the time specified in the permit. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the Planning Board, or its designated agent is mature enough to control soil erosion satisfactorily and to survive severe weather conditions.
(2) The smallest practical area of land shall be exposed for the shortest practical time during development.
E. Stabilization of denuded areas and soil stockpiles.
(1) Permanent or temporary soil stabilization must be applied to denuded areas within 15 days after final grade is reached on any portion of the site. Soil stabilization must also be applied within 15 days to denuded areas which may not be at final grade but will remain dormant (undisturbed) for longer than 60 days.
(2) Soil stabilization refers to measures which protect soil from the erosive forces of raindrop impact and flowing water. Applicable practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved.
F. Sediment basins. Sediment basins, debris basins, desilting basins, silt traps or filters shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
G. Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended to trap sediment on site must be constructed as a first step in grading and must be made functional before upslope land disturbance takes place. Earthen structures such as dams, dikes and diversions must be seeded and mulched within 15 days of installation.
H. Stabilization of waterways and outlets. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a ten-year frequency storm without erosion. Stabilization adequate to prevent erosion must also be provided at the outlets of all pipes and paved channels.
I. Storm sewer inlet protection. All storm sewer inlets, which are made operable during construction, shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
J. Working in or crossing watercourses.
(1) Construction vehicles should be kept out of watercourses to the greatest extent possible. Where in-channel work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must be restabilized immediately after in-channel work is completed.
(2) Where a live (wet) watercourse must be crossed by construction vehicles regularly during construction, a temporary stream crossing must be provided.
K. Stormwater management criteria for controlling off-site erosion.
(1) Provision shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainageways shall be designed so that the final gradients and the resultant velocities of discharges will not create additional erosion.
(2) Stormwater management design will follow the procedures and methodology set forth in the Westchester County Best Management Practices Manual for Stormwater Runoff unless a comprehensive storm water management plan and model has been adopted by the municipalities which compose the watershed in which the development is located.
L. Underground utility construction.
(1) The construction of underground utility lines involving installation, maintenance or repair which disturbs more than 10,000 square feet shall be subject to the following criteria:
(a) No more than 500 feet of trench are to be opened at one time.
(b) Where consistent with safety and space considerations, excavated material is to be placed on the uphill side of trenches.
(c) Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems or off-site property.
(2) Individual service connections, telephone and electric lines and underground public utility lines under existing hard-surfaced roads, streets or sidewalks, provided that such land-disturbing activity is confined to the area which is hard-surfaced, are exempt from the above requirements.
M. Construction access routes. Wherever construction vehicle access routes intersect paved public roads, provisions must be made to minimize the transport of sediment (mud) by runoff or vehicle tracking onto the paved surface. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transported to a sediment control area. Street washing shall be allowed only after sediment is removed in this manner.
N. Disposition of temporary measures. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the Planning Board. Trapped sediment and other disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.
O. Maintenance. All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure continued performance of their intended function.
P. Aesthetics. In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance shall be considered.
Q. Review by the Westchester County Soil and Water Conservation District. The Westchester County Soil and Water Conservation District shall be consulted for review and recommendations for all erosion and sediment control plans for proposed developments submitted to the Village of Mamaroneck.

§ 186-10 Site development permit.

A. Permit required.
(1) Except as otherwise provided in this article, no person shall commence or perform any land-disturbing activity, including but not limited to grading, stripping, excavating or filling, without first obtaining a site development permit from the permitting authority, upon approval by the Village Engineer in consultation with the Westchester County Soil and Water Conservation District, all other necessary local, state, and federal permits, and thereafter comply with the requirements of this article.
(2) An application for a site development permit shall be made to the permitting authority in the same manner as prescribed for a building permit.
B. Exceptions. A permit shall not be required for any of the following activities:
(1) Normal lawn and landscaping maintenance.
(2) Existing nursery and agricultural operations conducted as either a permitted main or accessory use.
(3) Grading of land in a uniform manner, provided that the elevation of land is not altered by more than three inches, the normal flow of surface water at the property lines is not altered and, upon completion of the grading, the exposed surfaces are permanently stabilized with vegetation.
(4) Alteration of the interior of a building and alteration of the exterior of a building, provided that such exterior alteration does not increase land coverage.
(5) Installation, renovation or replacement of a septic system to serve an existing dwelling or structure.
(6) Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
C. Application for permit. Application for a site development permit shall be made by the owner of the property, or his authorized agent, to the permitting authority on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee to be determined by the permitting authority, based on the estimated cost of the project. Each application shall include a certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.
D. Submissions.
(1) Each application for a site development permit shall be accompanied by the following information:
(a) A vicinity map in sufficient detail to easily locate, in the field, the site for which the permit is sought, including the boundary line and approximate acreage for the site, existing zoning, and a legend and scale.
(b) A development plan of the site showing:
[1] Existing topography of the site and adjacent land within approximately 100 feet of the boundaries, drawn at no greater than two-foot contour intervals and clearly portraying the conformation and drainage pattern of the area.
[2] The location of existing buildings, structures, utilities, water bodies, floodplains, drainage facilities, vegetative cover, paved areas, watershed divides and other significant natural or man-made features on the site, and adjacent land within approximately 100 feet of the boundary.
[3] A description of the predominant soil types on the site, their location and their limitations for the proposed use.
[4] Proposed use of the site, including both present development and planned utilization; areas of excavation, grading and filling; proposed contours, finished grades and street profiles; provisions for storm drainage, including the control of accelerated runoff, with a drainage area map and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized or left undisturbed.
(c) An erosion and sediment control plan or plans showing:
[1] All erosion and sediment control measures necessary to meet the objectives of this article throughout all phases of construction and permanently, after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate erosion and sediment control plans also may be required.
[2] Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
[3] Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
[4] Identification of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures after development is completed.
[5] Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 294, entitled "Stormwater Management and Erosion and Sediment Control," of the Mamaroneck Village Code, shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 294. The approved erosion control permit shall be consistent with the provisions of Chapter 294.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010]
(d) The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving of streets and parking areas, and establishment of permanent vegetative cover.
(2) These submissions shall be prepared in accordance with the standards and requirements contained in the Westchester County Best Management Practices Manuals prepared by the County of Westchester, which standards and requirements are hereby incorporated into this article by reference.
(3) The permitting authority may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this article.
E. Bonds. The applicant may be required to file with the Village of Mamaroneck a faithful performance bond or bonds, letter of credit or other improvement security satisfactory to the Village Attorney in an amount deemed sufficient by the permitting authority to cover all costs of improvements, landscaping, maintenance of improvements and landscaping for such period as specified by the Village of Mamaroneck, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
F. Review and approval. Each application for a site development permit shall be reviewed and acted upon according to the following procedures:
(1) The permitting authority will review each application for a site development permit to determine its conformance with the provisions of this article. The permitting authority will also refer any application to the Westchester County Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located, for review and comment. Within 30 days after receiving an application, the permitting authority shall, in writing:
(a) Approve the permit application if it is found to be in conformance with the provisions of this article and issue the permit;
(b) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this article, and issue the permit subject to these conditions; or
(c) Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
(2) No site development permit shall be issued for an intended development site unless:
(a) The development has been approved by the Village of Mamaroneck, where applicable;
(b) Such permit is accompanied by or combined with a valid building permit issued by the Village of Mamaroneck; or
(c) The proposed earthmoving is coordinated with any overall development program previously approved by the Village of Mamaroneck for the area in which the site is situated.
(3) Failure of the permitting authority to act on original or revised applications within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed, unless such time is extended by agreement between the applicant and the permitting authority. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the permitting authority.
G. Appeals. The applicant or any person or agency which received notice of the filing of the application may appeal the decision of the permitting authority to the Planning Board. Upon receipt of an appeal, the Planning Board shall schedule and hold a public hearing, after giving 15 days' notice thereof. The Planning Board shall render a decision within 30 days after the hearing. Factors to be considered on review shall include, but not be limited to, the effects of the proposed development activities on the surface water flow to tributaries and downstream lands; any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainageways; nature and type of soil or rock which, when disturbed by the proposed development activities, may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
H. Retention of plans. Plans, specifications and reports for all site developments shall be retained in original form or on microfilm by the permitting authority.

§ 186-11 Operation standards.

A. Applicability. All grading, stripping, excavating and filling which is subject to the permit requirements of this article, and any grading, stripping, excavating and filling which is exempted from the permit requirements by Section 186-10B shall be subject to the applicable standards and requirements set forth in this section.
B. Responsibility. The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Village of Mamaroneck, or its officers, will not be made liable for such damage by:
(1) The issuance of a permit under this article.
(2) Compliance with the provisions of that permit or with conditions attached to it.
(3) Failure of municipal officials to observe or recognize hazardous or unsightly conditions.
(4) Failure of municipal officials to recommend denial of, or to deny a permit.
(5) Exemptions from the permit requirements of this article.
C. Manual adopted by reference. The standards and specifications contained in the Westchester County Best Management Practices Manuals are hereby incorporated into this section and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under § 186-10. In the event of conflict between provisions of said manual and of this article, this article shall govern.
D. Inspection.
(1) The permitting authority, or designated agent, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the site development or erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the permitting authority shall be maintained at the site during progress of the work. In order to obtain inspections, the permittee shall notify the permitting authority, or designated agent, at least two working days before the completion of stripping and clearing, rough grading, final grading and final landscaping. If stripping, clearing, grading and/or landscaping are to be done in phases or areas, the permittee shall give notice and request inspection at the completion of each of the above work stages in each phase or area. If an inspection is not made and notification of the results given within five working days after notice is received by the municipality from the permittee, the permittee may continue work at his own risk, without presuming acceptance by the municipality. Notification of the results of the inspection shall be given in writing at the site.
(2) The permittee, or his agent, shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the condition and need for replacement or repair of in-place control measures, the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the permitting authority at the time interval specified in the approved permit.
E. Special precautions.
(1) If at any stage of the grading of any development site the permitting authority, or designated agent, determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, the permitting authority may require, as a condition of allowing the work to be done, that such reasonable special precautions be taken as are considered advisable to avoid the likelihood of such peril. Special precautions may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control and recommendations of a registered soils engineer and/or engineering geologist which may be made requirements for further work.
(2) Where it appears that storm damage may result from incomplete grading on any development site, work may be stopped and the permittee required to install temporary structures or take such other measures as may be necessary to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the permitting authority may specify the time of start of grading and time of completion or may require that the operations be conducted in specific stages to ensure completion of protective measures or devices prior to the advent of seasonal rains.
F. Amendment of plans. Major amendments of the site development or erosion and sediment control plans shall be submitted to the permitting authority and shall be processed and approved, or disapproved, in the same manner as the original plans. Field modifications of a minor nature may be authorized by the permitting authority by written authorization to the permittee.
G. Expiration of permit. Every site development permit shall expire and become null and void if the work authorized by such permit has not begun within 180 days, or is not completed by a date which shall be specified in the permit, except that the permitting authority may, if the permittee presents satisfactory evidence that unusual difficulties have prevented the start of work or completion of same within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit.

§ 186-12 Exceptions; stop-work orders; revocation of permit; penalties.

A. Exceptions. The Planning Board may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this article.
(1) Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the Planning Board find all of the following facts with respect to the land referred to in the petition:
(a) That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the applicant to comply with all of the requirements of this article.
(b) That the exception is necessary to prevent unreasonable and unnecessary hardship.
(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(2) Each application for an exception shall be referred to the permitting authority for review. The permitting authority shall transmit its recommendations to the Planning Board, which shall review such recommendations prior to granting or denying the exception.
(3) The Planning Board shall hold a public hearing on each application for exception within 30 days after receiving the application, in the manner provided with respect to appeals. After public hearing, the Planning Board may approve the site development permit application with the exceptions and conditions it deems necessary, or it may disapprove such site development permit application and exception application, or it may take such other action as appropriate.
B. Stop-work order; revocation of permit. In the event any person holding a site development permit pursuant to this article violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the permitting authority may suspend or revoke the site development permit.
(1) Suspension of a permit shall be by a written stop-work order issued by the permitting authority and delivered to the permittee, or his agent, or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all authorizations and permits granted by the Village of Mamaroneck, or any agency thereof, and shall remain in effect until the next regularly scheduled meeting of the Planning Board at which the conditions of Subsection B(2) below can be met.
(2) No site development permit shall be permanently suspended or revoked until a hearing is held by the Planning Board. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state the grounds for the complaint or reasons for suspension or revocation, in clear and concise language and the time and place of the hearing to be held. Such notice shall be served on the permittee at least five days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing, the Planning Board shall determine whether the permit shall be suspended or revoked.
C. Violations and penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this article is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $1,000 for each offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this article shall be required to restore the site to the condition existing prior to commission of the violation or to bear the expense of such restoration.
D. Separability. The provisions and sections of this article shall be deemed to be separable, and the invalidity of any portion of this article shall not affect the validity of the remainder.