Town of Mamaroneck, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck by L.L. No. 12-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Architectural Review — See Ch. 3.
Coastal Zone Management Commission — See Ch. 8.
Code of Ethics — See Ch. 17.
Defense and indemnification — See Ch. 26, Art. I.
Removal from office — See Ch. 35.
Traffic Violations Bureau — See Ch. 45.
Planning Board — See Ch. 240, Art. XV.

§ 5-1 Purpose.

The purpose of this chapter is to reorganize the Code by placing in one chapter the names and organizational features of all standing boards, commissions, authorities and committees whose members are appointed solely by the Town Board. This chapter does not list those municipal bodies which, though serving the Town of Mamaroneck, have members who are appointed by the Town Board and by the Board of Trustees of either the Village of Larchmont or the Village of Mamaroneck, or both or are appointed by the Town Board based upon the recommendation of the Trustees of either or both of those two villages.

§ 5-2 Definitions.

Unless otherwise expressly stated, wherever used in this chapter, the following terms shall have these meanings:
MEMBER
A person serving on any of the boards, commissions, authorities and committees listed in this chapter.
RESIDENT
A person who has a home that is either in:
A. 
A part of the Town of Mamaroneck lying outside the limits of both the Village of Mamaroneck and the Village of Larchmont;
B. 
A part of the incorporated limits of the Village of Mamaroneck that is also part of the Town of Mamaroneck; or
C. 
The incorporated area of the Village of Larchmont.

§ 5-3 General provisions.

A. 
Except for current members of the Sustainability Collaborative, all members shall be residents.
[Amended 2-4-2015 by L.L. No. 3-2015]
B. 
Except for the members of the Board of Assessment Review, all members shall serve without compensation.
C. 
A member shall continue to serve after the expiration of that member's term until the successor to that position is appointed and qualifies to serve.
D. 
A member appointed to the position of chairperson shall continue to serve as chairperson after the expiration of that member's term as chairperson until a successor chairperson is appointed.
E. 
The Town Board shall appoint persons to fill vacancies that may occur among members. A person so appointed shall serve the unexpired term of the member whose position becomes vacant.
F. 
Each board, commission, authority and committee shall keep a record of its meetings and of all actions taken.

§ 5-4 Beautification Committee.

A. 
The Beautification Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-4D of the Code, the term of office of each member shall be three years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A and Member B shall expire on December 31, 2003;
(2) 
Member C and Member D shall expire on December 31, 2004; and
(3) 
Member E, Member F and Member G shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though the person shall have served less than three years.

§ 5-5 Board of Appeals.

[Added by L.L. No. 14-2003]
A. 
The Board of Appeals, previously established by the Town Board, shall continue to exist. It shall consist of five regular members and two alternate members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Alternate Member A and Alternate Member B. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-5D of the Code, the term of office of each member shall be five years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A and Member B shall expire on December 31, 2003;
(2) 
Member C and Member D shall expire on December 31, 2004; and
(3) 
Member E, Alternate Member A and Alternate Member B shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than five years.

§ 5-6 Board of Architectural Review.

A. 
The Board of Architectural Review, previously established by the Town Board, shall continue to exist. It shall consist of five regular members and one alternate member. The members shall be known as Member A, Member B, Member C, Member D, Member E and the Alternate Member. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-6D of the Code, the term of office of each regular member and the alternate member shall be three years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A and Member B shall expire on December 31, 2003;
(2) 
Member C and Member D shall expire on December 31, 2004; and
(3) 
Member E and the Alternate Member shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a regular member or an alternate member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than three years.
E. 
The alternate member shall attend and participate in the meetings of the Board, including the Board's deliberations, but shall not vote, except in the absence of one or more of the regular members of the Board, in which case the alternate member shall have the same authority to vote on a matter as any other member. When one or more of the regular members is absent, the alternate member, if present, shall be counted in determining whether a quorum exists.

§ 5-7 Board of Assessment Review.

[Amended 6-1-2005 by L.L. No. 11-2005; 5-4-2011 by L.L. No. 5-2011; 6-13-2011 by L.L. No. 7-2011]
A. 
Portions of § 523 (1) (b) and (c) of the New York Real Property Tax Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 523 (1) (b) and (c) of the New York Real Property Tax Law, as superseded below, shall apply in the Town of Mamaroneck.
“Section 523
1.
(b) The board of assessment review shall consist of not less than three nor more than five members appointed by the [legislative body of the local government or village] Town Board. The Town Board also may appoint up to two alternates. The alternates shall substitute for a member if such member is absent or is unable to participate because of a conflict of interest. When an alternate sits in the place of a member, the alternate shall be considered a member for all purposes. The alternates shall not be counted for the purpose of determining whether a quorum exists except in situations where an alternate substitutes for a member. Members and alternates shall have a knowledge of property values in the [local government or village] Town (including its incorporated areas). Neither the assessor nor any member of his or her staff may be appointed to the board of assessment review or be appointed an alternate. A majority of such board shall consist of [members] persons who are not officers or employees of the [local government or village] Town.
(c) Except as modified by the last sentence of this section, the terms of office of members of the board of assessment review and of the alternates shall be five years and shall commence on the first day of October and terminate on the thirtieth day of September, five years thereafter. [In the case of the first board appointed under the provisions of this title, however, the terms shall be of such length that not more than one will expire in each of the first five years after the members of such board are appointed.] In order to provide for an orderly succession and to preserve an ‘institutional memory,’ the terms of each member shall expire in different years."
B. 
The Board of Assessment Review, previously established by the Town Board, shall continue to exist. It shall consist of five members. It also shall have two alternates. The members shall be known as "Member A," "Member B," "Member C," "Member D" and "Member E." The alternates shall be known as "Alternate One" and "Alternate Two." In accordance with § 523(1)(e) of the New York Real Property Tax Law, annually the members of the Board of Assessment Review shall designate which of them shall serve as the Chairperson for that year.
C. 
Except as modified in § 5-7D of the Code, the term of office of each member and each alternate shall be five years and shall expire on the 30th day of September of the year in which the term expires.
D. 
The term of office of:
(1) 
Member A shall expire on September 30, 2013;
(2) 
Member B shall expire on September 30, 2014;
(3) 
Member C shall expire on September 30, 2015;
(4) 
Member D shall expire on September 30, 2011;
(5) 
Member E shall expire on September 30, 2012;
(6) 
Alternate One shall expire on September 30, 2012; and
(7) 
Alternate Two shall expire on September 30, 2013.
E. 
If a person is appointed or qualifies as a member or an alternate after October 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on September 30th in the year in which that person's term is scheduled to expire even though the person shall have served less than five years.

§ 5-8 Board of Ethics.

A. 
The Board of Ethics, previously established by the Town Board, shall continue to exist. It shall consist of five members. The members shall be known as Member A, Member B, Member C, Member D and Member E. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of them shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-8D of the Code, the term of office of each member shall be three years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A and Member B shall expire on December 31, 2003;
(2) 
Member C and Member D shall expire on December 31, 2004; and
(3) 
Member E shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three years.

§ 5-9 Sustainability Collaborative. [1]

[Added 2-4-2015 by L.L. No. 3-2015]
A. 
The Sustainability Collaborative shall consist of up to 10 members. The members shall be known as "Member A," "Member B," "Member C," "Member D," "Member E," "Member F," "Member G," "Member H," "Member I" and "Member J." All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year. If at any time there are fewer than 10 members who have been appointed to the Sustainability Collaborative, the "whole number" (as that term is defined in NY General Construction Law § 41) shall mean the total number of members who have been appointed to the Sustainability Collaborative.
B. 
Except for persons appointed in 2015, and except as provided in § 5-9D of the Code, the terms of office of each member shall be three years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed in 2015 shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A, Member B and Member C shall expire on December 31, 2015,
(2) 
Member D, Member E and Member F shall expire on December 31, 2016, and
(3) 
Member G, Member H, Member I and Member J shall expire on December 31, 2017.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31 on which that person's term was scheduled to expire even though that person shall have served less than three years.
[1]
Editor's Note: Former § 5-9, Historic Records Committee, was repealed 2-15-2012 by L.L. No. 2-2012.

§ 5-10 Planning Board.

[Added by L.L. No. 14-2003]
A. 
The Planning Board, previously established by the Town Board, shall continue to exist. It shall consist of seven regular members and two alternate members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F, Member G, Alternate Member A and Alternate Member B. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-10D of the Code, the term of office of each member shall be seven years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A, Member B and Member C shall expire on December 31, 2003;
(2) 
Member D, Member E and Member F shall expire on December 31, 2004; and
(3) 
Member G, Alternate Member A and Alternate Member B shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than seven years.

§ 5-11 Recreation Commission.

[Added by L.L. No. 14-2003]
A. 
The Recreation Commission, previously established by the Town Board, shall continue to exist. It shall consist of seven members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F, and Member G. All of the members shall be appointed by the Town Board. In accordance with § 244 of the New York General Municipal Law, annually the members of the Recreation Commission shall designate which of the members shall serve as the Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-11D of the Code, the term of office of each member shall be seven years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A, Member B and Member C shall expire on December 31, 2003;
(2) 
Member D, Member E and Member F shall expire on December 31, 2004; and
(3) 
Member G shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than seven years.

§ 5-12 Town of Mamaroneck Housing Authority.

A. 
The Town of Mamaroneck Housing Authority, established by § 569 of the New York Public Housing Law, shall consist of five members. The five members shall be known as Member A, Member C, Member E, Member H and Member I. All of the members shall be appointed by the Town Board. In accordance with § 32(1) of the New York Public Housing Law, annually the members of the Town of Mamaroneck Housing Authority shall designate which of them shall serve as the Chairperson and which shall serve as the Vice Chairperson.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-12D of the Code, the term of office of each member shall be five years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A shall expire on December 31, 2003;
(2) 
Member C shall expire on December 31, 2004;
(3) 
Member E shall expire on December 31, 2005;
(4) 
Member H shall expire on December 31, 2006; and
(5) 
Member I shall expire on December 31, 2007.
D. 
If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than five years.

§ 5-13 Traffic Committee.

A. 
The Traffic Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually, the Town Board shall designate which of the members shall serve as Chairperson for that year.
B. 
Except for persons appointed on or before September 1, 2003, and except as provided in § 5-13D of the Code, the term of office of each member shall be three years and shall expire on the 31st day of December of the year in which the term expires.
C. 
The term of office of a member appointed on or before September 1, 2003, shall commence on the date selected by the Town Board in its resolution making the appointment, but the term of office of:
(1) 
Member A and Member B shall expire on December 31, 2003;
(2) 
Member C and Member D shall expire on December 31, 2004;
(3) 
Member E, Member F and Member G shall expire on December 31, 2005.
D. 
If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three years.

§ 5-14 Tree Preservation Commission.

[Amended 5-18-2005 by L.L. No. 8-2005]
The Tree Preservation Commission, previously established by the Town Board, shall continue to exist. It shall consist of three members, who shall be the Environmental Coordinator, the Director of Building Code Enforcement and Land Use Administration and the Superintendent of Highways (or the Superintendent's designee). Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year.