HomeMy WebLinkAbout2011_12_7_Local_Law_No_10
Local Law No. 10 - 2011
This local law shall be known as the “Correction of Local Law No. 7 of 2010” Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
On September 15, 2010, the Town Board enacted Local Law No. 7 of 2010 which amended section
158-5 of the Code of the Town of Mamaroneck to make more specific the requirement that a bond
be posted to protect against damage they may cause during the removal of oil or gas tanks.
As enacted, the last sentence of section 158-5 C. contained the word “year” and read “Any bond
posted under this chapter shall be released to the person who posted it no later than six (6) months
year after a certificate of completion is issued for the plumbing work covered by the permit,
provided that such work is done in accordance with the provisions of the permit and the provisions
of any Street Opening Permit and that all areas disturbed during the work (including any rights-of-
way) are restored to a condition that is satisfactory to the Town Engineer.” This was an editing
error since the intention of the legislation was that where appropriate, a bond should be released no
later than six (6) months after a certificate of completion is issued.
This law corrects that error by removing the word “year” from the last sentence of section 158-5 C.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 158-5 C. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
C. If the plumbing work involves the installation, removal or abandonment of an oil or
gas storage tank, the Director of Building Code Enforcement and Land Use
Administration cannot issue a permit until a performance bond or a cash bond is
posted with the Town by the permittee or the owner of the property on which the
plumbing work is to be performed. The amount of the bond shall be sufficient to
cover the cost of repairing any property, public or private, that may be damaged
during the course of the plumbing work for which the permit is issued and shall be
fixed by the Director of Building Code Enforcement and Land Use Administration
in consultation with the Town Engineer. Under no circumstances shall the amount of
the bond be less than $1,500.00. In cases where a Street Opening Permit also is
issued, the Director of Building Code Enforcement and Land Use Administration
may allow a single bond for both permits if he or she determines that a single bond
will be sufficient for the purposes of this chapter and of Chapter 187. Any bond
posted under this chapter shall be released to the person who posted it no later than
six (6) months after a certificate of completion is issued for the plumbing work
covered by the permit, provided that such work is done in accordance with
the provisions of the permit and the provisions of any Street Opening Permit and
that all areas disturbed during the work (including any rights-of-way) are restored to
a condition that is satisfactory to the Town Engineer.
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.