Chapter A76 Land Subdivision Regulations

The subdividing owner shall apply to the Town Planning Board, upon forms provided at the office of the Town Clerk, for the consideration of the preliminary layout for a proposed subdivision. Such application, together with three copies of the preliminary layout, shall be filed with the Town Clerk at least one week before a regular meeting of the Planning Board for transmittal to the Planning Board; and the application shall be accompanied by a fee of $50 plus $3 per acre for each acre or part thereof that the proposed subdivision exceeds five acres in area. If the subdivider subsequently elects not to file an application for approval of a subdivision plat, 1/2 of the fee shall be returned.

The preliminary layout, as well as the final subdivision plat to be submitted later, shall conform in all respects to these regulations, except where a variation may be specifically authorized by the Planning Board as provided in § A76-3 of these regulations, and shall comply with the provisions of §§ 276 and 277 of the Town Law. The form of presentation of the preliminary layout shall be as described below in § A76-4, Specifications for Preliminary Layouts and Subdivision Plats.

Before preparing the preliminary layout, the subdivider should discuss with the Planning Board the requirements for street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The subdivider should also discuss the preliminary layout with the County Health Department which must eventually approve any subdivision plat.

The applicant or his duly authorized representative should then be prepared to attend the next regular meeting of the Planning Board to discuss the preliminary layout.

The Planning Board will carefully study the practicability of the layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Town plan and the Official Map.

After discussion of the preliminary layout, the Planning Board will advise the subdivider of the specific changes it will require in the layout, and the character and extent of required improvements, or the amount of performance bond therefor, which it will require as prerequisite to the approval of the formal subdivision plat to be submitted subsequently.

Subdivision plat.

The applicant shall, within six months after the tentative approval of the preliminary layout, file with the Planning Board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the Town Clerk.

[In other words, the subdivider may develop the subdivision in progressive stages instead of in its entirety. But no subdivision or portion thereof shall be considered unless it abuts a street or streets open for vehicular travel, or an approved street for which a bond has been filed under Subsection C(1) below.]

The subdivision plat shall be considered officially submitted only when all the required surveys, plans and data, described below under § A76-4, Specifications for Preliminary Layouts and Subdivision Plats, are provided with the application at a regular meeting of the Planning Board.

Applicants intending to submit proposed subdivision plats for the approval of the Planning Board shall provide the Secretary of the Board with a copy of the application and required surveys, plans and data, one original and at least one duplicate tracing thereof, at least two weeks in advance of the meeting at which it is to be submitted, and a letter of approval from the County Health Department, in order that a public hearing may be scheduled and the required five days' notice may be given.

Before the Planning Board will approve the subdivision plat, it will hold a public hearing thereon, in accordance with § 276 of the Town Law.

After careful study, the Planning Board will then, within 45 days from submission of the subdivision plat, approve with modifications, or disapprove, the subdivision plat. Such approval, however, shall not be deemed final and the subdivision plat shall not be signed by the authorized officer of the Board for recording until the subdivider has complied with the provisions of the following paragraphs.

The authorized officers of the Board for the purpose of signing approved subdivision plats shall be the Chairman and secretary, or in their absence, the vice-Chairman and acting secretary, respectively.

Required improvements and agreements.

The subdivider shall then be required to complete in accordance with the Planning Board's decision, and to the satisfaction of the Town's Engineer, all the street, sanitary and other improvements specified in the Planning Board's action approving the subdivision plat, or, as an alternative, to file with the Town Board a bond in an amount estimated by the Planning Board to secure to the Town the actual and satisfactory construction and installation of such required improvements as are not constructed and approved prior to the signing of the subdivision plat. The period within which required improvements shall be constructed shall be specified by the Planning Board and expressed in the bond. Such performance bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The bond shall provide that an amount determined by the Planning Board to be adequate shall be retained for a period of one year from the date of completion of the required improvements to insure the satisfactory condition of the initial improvements. The estimated cost of Town inspections of required improvements shall be included in the amount of such bond.

As to utilities required by the Planning Board, the Board may accept assurance in writing from each public utility company whose facilities are proposed to be installed, addressed to the Board and stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.

The subdivision plan shall be endorsed with the necessary agreements in connection with required easements or other releases.

Permanent monuments shall be set in all streets where required by the Planning Board.

Deposit.

The Town will employ inspectors to insure the satisfactory completion of improvements and utilities required by the Planning Board. If the applicant elects to install such improvements before the final approval of the plat, the applicant shall notify the Town Board in writing and an inspector will be assigned thereto. In such case, the applicant shall deposit with the Town, prior to approval of this procedure, an amount determined by the Town Board as sufficient to cover the cost of the inspection.

If a bond is to be given to ensure completion of such improvements, the Town Board will assign an inspector to ensure such satisfactory completion. The developer shall pay the Town for the cost of such inspection. The Town Board's determination of such cost of inspection shall be final.

Public sanitary sewer.

Where a public sanitary sewer main is reasonably accessible, the subdivider shall connect with such sanitary sewer and provide mains accessible to each lot.

[Added 12-21-1954]

Where a public sanitary sewer main is not reasonably accessible, the subdivider shall install a private sanitary sewer system with a single disposal facility to serve such system, of a design approved by the Westchester County Department of Health. The design and installation of such private sanitary sewer system shall be subject to the approval of an engineer employed by the Town who shall require that the installation be so designed as to connect to a projected public sanitary sewer main at some future date.

[Added 12-21-1954]

§ A76-3 General requirements for the subdivision of land.

New or replacement water supply systems and/or sanitary sewage systems shall be designed or minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding and, in addition, fully comply with standards set by the Westchester County Department of Public Works.

[Added 4-16-1974]

Filing of approved subdivision plat. Upon completion of the above requirements and notation to that effect upon the plat, it shall be deemed to have final approval and shall be filed in the office of the County Clerk. Any plat not so filed or recorded within 90 days of the date upon which such plat is taken as approved by reason of the failure of the Board to act shall become null and void. (§ 276 of the Town Law).

Resubdivision. In the case of a resubdivision, the same procedure, rules and regulations apply as for an original subdivision.

Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the Town of any street, or other open space shown on such subdivision plat.

The Planning Board, in considering applications for subdivision of land, shall be guided by the following standards and requirements:

General.

Land of such a character that it cannot be used without danger to health or peril from fire, flood or other menace shall not be subdivided for residential purposes nor for such other uses as may increase danger to health, life or property, or aggravate a flood hazard, but such land shall be set aside for such uses as shall not be endangered by periodic or occasional flooding or shall not produce unsatisfactory living conditions.

Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Town Plan, as it is developed and adopted by the Town Planning Board.

Subdivision proposals and other proposed new developments shall be reviewed to assure that:

[Added 4-16-1974]

All such proposals are consistent with the need to minimize flood damage.

All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize and eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

Street layout.

Streets shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic, and to afford access of fire-fighting, snow-removal and other road-maintenance equipment, and shall be coordinated so as to compose a convenient system. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties.

The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining property which is not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where topographic or other conditions make such continuance impracticable, in the opinion of the Planning Board, the above requirement may be modified.

Where proposed streets do not extend to the boundaries of the tract, they shall be separated from such boundaries by a distance not less than the minimum lot depth prescribed by the Zoning Regulations for the Zoning District in which the proposed subdivision is located. Reserve strips of land must not be left between an adjacent piece of property and the end of a proposed street.

Where dead-end streets are included in a subdivision, the Planning Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities where needed or desirable.

Where a tract is proposed to be subdivided into lots averaging more than double the required size under the Zoning Regulations, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to properly serve such potential lots.

Minor or secondary street openings into a major road shall, in general, be at least 500 feet apart.

Blocks shall not be excessively long, thereby causing unnecessarily circuitous travel on the streets. In long blocks, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable. In general, no block shall be less than 200 feet in width, nor more than 1,200 feet in length.

The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets.

(9)

Except where impracticable, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.

(10)

Cross (four-cornered) street intersections shall be avoided except where absolutely necessary.

(11)

Whenever lots of a proposed subdivision are situated within a business zone, such lots shall be of sufficient size and dimensions to permit adequate provisions for off-street loading, unloading and parking.

Streets.

Streets shall have the following widths, unless otherwise indicated on the Town Development Plan:

Major streets: 80 feet.

Secondary streets: 60 feet.

Minor streets: 50 feet.

Streets shall be graded and improved, as required in the following paragraph, with pavement, sidewalks, drainage facilities, water, sewers and fire hydrants, except where waivers may be requested and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare.

Such grading and improvements shall be approved as to design and specifications by the Town's Engineer, and the developer shall complete such improvements to the satisfaction of said Engineer or post a sufficient performance bond to insure the satisfactory completion of such improvements, as a prerequisite to the approval of the final subdivision plat.

Utilities required by the Planning Board shall be placed in the right-of-way on each side of the paved roadway to simplify location and repair of the lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

Where topography is such as to make impractical the inclusion of utilities within the street lines, perpetual unobstructed easements at least 15 feet in width shall be provided across property outside the street lines, and with satisfactory access to the street.

Grades of all streets shall conform in general to the terrain, and shall not be less than 1% grade, nor more than 5% grade for main thoroughfares, nor more than 8% grade for minor streets in residential zones.

All changes in grade and all street lines deflecting from each other within a block shall be connected by curves of such length and radius as meet with approval of the Town's Engineer, so that clear visibility shall be provided for a safe distance.

All corners shall be rounded by curves of at least 30 feet radius.

(9)

A combination of steep grades and curves shall be avoided. Where the grade of a street intersecting another street exceeds 5%, the land at each corner of such intersection shall be so graded as to prevent a blind corner and sufficient land shall be included in the street right-of-way at the intersection to permit permanent maintenance of visibility for safety of traffic.

(10)

Dead-end and loop streets shall not be allowed where a continuation of streets is or will be needed for convenience of traffic or for ready access of firefighting equipment. Where dead-end streets are used, they should, in general, not exceed 400 feet in length, and shall terminate in a circular turn-around having a minimum radius of 65 feet.

(11)

Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town's Engineer.

Lots.

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other natural conditions, in complying with the Zoning Regulations in order to build on each lot. Lots shall not be of unreasonable depth, encouraging the later creation of a second building lot at the rear.

All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variation from this rule will give a better street or lot plan.

Corner lots shall be of sufficient dimensions so that any structures placed thereon shall conform to the building setback line of each street.

Depth of lots shall not, in general, exceed 200 feet.

Where practicable, lots shall be so laid out that the driveways have access to a local street and not to a major road carrying general traffic.

Lots to be served by septic tanks shall be large enough to contain sufficient land of proper character to permit satisfactory performance of septic-tank-disposal fields, and compliance with the regulations of the County Department of Health.

The minimum size of a lot shall be at least as large as that required by the Building Zone Regulations for the zone in which it is located.

No building shall be located in the bed of a mapped street as shown on the Official Map unless a permit is obtained from the Zoning Board of Appeals in conformity with § 279 of the Town Law.

Parks, open spaces and natural features.

The Planning Board may require adequate, convenient and suitable areas for parks or playgrounds or other recreational purposes or ecological use to be set aside on a developer's subdivision plat or on the site plan, and this requirement shall include, but shall not be limited to, hotel zones or an office park complex. In no case, however, shall the area required to be set aside be more than 10% of the gross area in single ownership.

[Amended 12-15-1970]

Due regard should be shown for the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots and similar irreplaceable assets.

Street trees shall be located and planted wherever required by the Planning Board, and the trees shall be of approved sizes and types.

Street names and signs.

Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names in the Town and Village of Port Chester, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name.

Streets shall have names and not numbers or letters (such as 1st or First Street).

§ A76-4 Specifications for preliminary layouts and subdivision plats.

All streets shall have street signs of approved material, design and location.

Miscellaneous. The owner may place restrictions on the development greater than those required by the Zoning Regulations. The greater restrictions, however, shall be indicated on the plat submitted.

Variations. The above standards shall be considered as minimum requirements, but the Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship. In making any modifications, however, the Board shall protect the Town's interest, the general welfare of the community and the purpose and intent of these regulations.

Preliminary layout. Preliminary layouts submitted to the Planning Board shall be drawn to a convenient scale, not less than one inch equals 100 feet, and shall show the following information:

The location of the property with respect to surrounding property and streets.

The location and approximate dimensions of all existing property lines. (Include entire area proposed to be subdivided and remainder of the tract owned by the subdividing owner.)

All pertinent features, such as existing structures, streets, railroads, water bodies, streams, swamps, that have a relationship to the property. (Where ground contours are sufficiently uneven as to influence layout, the Board may require a topographic survey.)

The location, width and approximate grade of all proposed streets. Approximate elevations shall be shown at the beginning and end of each street, at street intersections and at all points where there is a decided change in the slope or direction.

The approximate location, dimensions and area of all lots.

The approximate location and dimensions of all property proposed to be set aside for playground or park use.

The names of all adjoining property owners of record or the names of adjoining developments.

The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider, if other than the owner, and the name of the land surveyor.

(9)

The date, approximate true north point and scale.

(10)

Proposed provision of water supply, fire protection, disposal of sanitary wastes and water drainage. (Indicated on layout and generally described.)

Subdivision plat. Subdivision plat submitted to the Planning Board for approval and subsequent recording shall conform to the following:

Plats shall be clearly and legibly drawn on transparent linen tracing cloth with black waterproof ink to a scale of not less than one inch equals 100 feet nor more than one inch equals 20 feet. Maps shall be on uniform-size sheets, 36 inches by 48 inches overall, with a margin of two inches on the narrow side of the sheet which shall be the left side or top of the map. Whenever any project is of such size that more than one sheet is required, then an index map on the same size sheet shall accompany these sheets.

Plats shall show the following information:

Proposed subdivision name or identifying title, which shall not duplicate or too closely approximate that of any other development in the Town.

Date, approximate true north point and scale.

Name and address of owner, subdivider and licensed engineer or land surveyor.

(d)

Names of owners of record of abutting properties or developments.

(e)

Locations, names and widths of existing streets, highways, easements, building lines, parks and other public properties.

(f)

Location, widths, grades and names of all streets and sidewalks and location, dimensions and status of all easements proposed by the subdivider, and locations of all property proposed to be dedicated for park or recreational use.

(g)

Location of existing and proposed fire hydrants.

(h)

Lot areas and all lot lines with accurate dimensions and bearings or angles.

(i)

Sufficient date to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground.

(j)

Radii of all curves and lengths of arcs.

(k)

Location, material and approximate size of all monuments.

(l)

The accurate outline of all property which is offered or to be offered for dedication for public use with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the subdivision.

Other data required. The subdivision plat shall be accompanied by the following data, shown on separate sheets of the same standards as those used for the subdivision plat:

Profiles along the center lines of streets showing existing and proposed elevations. All elevations must be referred to established U.S. Government or approved local bench marks. Present elevations of all proposed streets shall be shown at five points on a line at right angles to the center line of the street every 100 feet throughout the length of such streets, and said elevation points shall be at the center line of the street, each property line and a point 25 feet inside of each property line.

Plans and profiles showing the location, size and invert elevations of existing and proposed water, sanitary sewers and storm-water drainage, and the exact location and size of all water, gas or other underground utilities or structures.

Article II Floodplain Management Regulations

Typical cross sections of proposed streets, showing width of pavement.

§ A76-5 Definitions.

For the purpose of these regulations, certain words and terms used herein are defined as follows:

DEAD-END STREET

A street or a portion of a street with only one vehicular traffic outlet.

EASEMENT

Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

MAJOR STREET

A street which serves, or is designed to serve, as a major artery and is so designated on the Town Development Plan.

MINOR STREET

A street intended to serve primarily as an access to abutting properties.

OFFICIAL MAP

The map established by the Town Board under § 270 of the Town Law showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.

PLANNING BOARD

The Town Planning Board of the Town of Rye, New York.

PRELIMINARY LAYOUT

The preliminary drawing or drawings indicating the proposed manner of layout of the subdivision to be submitted to the Planning Board for its consideration.

SECONDARY STREET

A street which serves, or is designed to serve, as a trafficway for a neighborhood or as a feeder to a major street and is so designated on the Town Development Plan.

STREET

Includes streets, roads, avenues, lanes or other ways.

STREET PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH

The distance between property lines.

SUBDIVIDER

Any person, firm, corporation, partnership or association who shall lay out for the purpose of sale or development any subdivision or part thereof, as defined herein, either for himself or for others.

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development in such a way as to create one or more new streets or highways, and shall include resubdivision.

SUBDIVISION PLAT

The final map or drawing on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.

TOWN DEVELOPMENT PLAN

A Comprehensive Plan for development of the Town prepared by the Planning Board, pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various public works, places and structures and for the general physical development of the unincorporated part of the Town of Rye, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

[Adopted 5-16-1977; amended in its entirety 9-25-1979]

§ A76-6 Statutory authority.

The Legislature of the State of New York has in § 64 of the Town Law, State of New York, delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Town Board of the Town of Rye, New York, does ordain as follows: That Article II, Floodplain Management Regulations, adopted May 16, 1977, is hereby amended and revised after a public hearing thereon, and in accordance therewith makes the following declarations of policy regarding Floodplain Management Regulations, which after adoption shall become the new Article II, Floodplain Management Regulations, affecting Land Subdivision Regulations of the Town of Rye, New York.

§ A76-7 Statement of findings.

The flood hazard areas of Town of Rye are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ A76-8 Statement of purpose.

It is the purpose of this ordinance 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:

Protect human life and health.

Minimize expenditure of public money for costly flood control projects.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

Minimize prolonged business interruptions.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.

Ensure that potential buyers are notified that property is in an area of special flood hazard.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ A76-9 Methods for reducing flood losses.

In order to accomplish its purposes, this ordinance includes methods and provisions for:

Restricting or prohibiting 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.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters.

Controlling filling, grading, dredging and other development which may increase flood damage.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ A76-10 Definitions.

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

As used in this ordinance, the following terms shall have the meanings indicated:

APPEAL

A request for a review of the Town Engineer Building Inspector's interpretation of any provisions of this ordinance or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

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.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

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 and excavation or drilling operations, located within the area of special flood hazard.

EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION

A parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of this ordinance.

EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed, including the installation of utilities, either final site grading or pouring of concrete or the construction of streets.

FLOOD INSURANCE RATE MAP (FIRM)

The Official Map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

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 one foot.

HABITABLE FLOOR

Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

MOBILE HOME

A structure that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this ordinance.

NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION

A parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the effective date of this ordinance.

START OF CONSTRUCTION

The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.

STRUCTURE

A walled and roofed building, a mobile home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE

A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

§ A76-11 Applicability of provisions.

This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the unincorporated area of the Town of Rye.

§ A76-12 Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Rye," dated March 29, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file in the Town Hall, 10 Pearl Street, Port Chester, New York 10673.

§ A76-13 Compliance required; penalties for offenses.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than 50 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Rye from taking such other lawful action as is necessary to prevent or remedy any violation.

§ A76-14 More stringent provisions to prevail.

This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ A76-15 Interpretation and application of provisions.

In the interpretation and application of this ordinance, all provisions shall be:

Considered as minimum requirements.

Liberally construed in favor of the governing body.

Deemed neither to limit nor repeal any other powers granted under state statutes.

§ A76-16 Warning and disclaimer of liability.

The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the area of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Town of Rye, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

§ A76-17 Development permits.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § A76-12. Application for a development permit shall be made on forms furnished by the Town Engineer - Building Inspector and may include but not be limited to plans in duplicate, drawn to scale, 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. Specifically the following information is required:

Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures.

Elevation in relation to mean sea level to which any structure has been floodproofed.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § A76-25B and that a performance bond in the amount of present market value of the foundation construction cost be posted by the owner or builder, which bond is refundable when it has been determined by the Town Engineer - Building Inspector that the building has been floodproofed as proposed.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ A76-18 Designation of local administrator; powers and duties.

The Town Engineer - Building Inspector is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

Duties of the Town Engineer - Building Inspector shall include but not be limited to the following:

Permit review. He shall:

Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Review all development permits to determine if the proposed development is located in the floodway and, if located in the floodway, assure that the encroachment provisions of § A76-26A are met.

Use of other base flood data. When base flood elevation data has not been provided in accordance with § A76-12, Basis for establishing the areas of special flood hazard, the Town Engineer - Building Inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § A76-25, Specific Standards, Subsection A, Residential construction and Subsection B, Nonresidential construction.

Information to be obtained and maintained. He shall:

Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures:

[1]

Verify and record the actual elevation (in relation to mean sea level); and

[2]

Maintain the floodproofing certifications required in § A76-17C.

Maintain for public inspection all records pertaining to the provisions of this ordinance.

Alteration of watercourses. He shall:

Notify adjacent communities by certified mail, return receipt requested, and the New York State Department of Environmental Conservation and the Westchester County Department of Public Works, Stream Control Division, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

Interpretation of FIRM boundaries. He shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § A76-19.

§ A76-19 Variance procedure.

Appeal Board.

The Town Board of the Town of Rye shall hear and decide appeals and requests for variances from the requirements of this ordinance.

The Town Board shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Town Engineer - Building Inspector in the enforcement or administration of this ordinance.

Those aggrieved by the decision of the Town Board, or any taxpayer, may appeal such decision to the Supreme Court of the State of New York, Westchester County, as provided by statutory authority as contained in an Article 78 proceeding of the laws of the State of New York.

In passing upon such applications, the Town Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance and:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

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 expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(k)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

Upon consideration of the factors of Subsection A(4) and the purposes of this ordinance, the Town Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

The Town Engineer - Building Inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Conditions for variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

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

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

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

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 as identified in Subsection A(4) or conflict with existing local law or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

§ A76-20 General standards.

In all areas of special flood hazards, the standards as set forth in Paragraph 1910.3, Floodplain Management (criteria for floodprone areas), in the Federal Register and in the manual entitled "Elevated Residential Structures," published by the Federal Insurance Administration, National Flood Insurance Program and Department of Housing and Urban Development, shall be applied and interpreted by the Town Engineer of the Town of Rye as the enforcing officer of this ordinance.

§ A76-21 Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:

Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side.

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.

All components of the anchoring system be capable of carrying a force of 4,800 pounds.

§ A76-22 Construction materials and methods.

Any additions to the mobile home be similarly anchored.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

§ A76-23 Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

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

§ A76-24 Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage and shall include flood retention facilities and erosion control facilities during the construction phase and after final completion.

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.

§ A76-25 Specific standards.

In all areas of special flood hazard where base flood elevation data have been provided as set forth in § A76-12, Basis for establishing areas of special flood hazard, or in § A76-18B(2), Use of other base flood data, the following standards are required:

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either:

Have the lowest floor, including basement, elevated to the level of the base flood elevation; or

Together with attendant utility and sanitary facilities:

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

Be certified by a registered or professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in § A76-18B(3)(b).

Mobile homes.

Mobile homes shall be anchored in accordance with § A76-21B.

For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, it shall be required that:

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;

Adequate surface drainage and access for a hauler are provided; and

In the instance of elevation on pilings, that lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.