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Local Law No. 4 - 2013
This local law shall be known as the “Waiver of Sign Requirement” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
It has been brought to the Town Board’s attention that on occasion, the Board of Appeals has
been unable to act upon an application because although the applicant attempted to comply with
Chapter 144’s requirements for posting a sign, the sign either falls down, is knocked down, is
vandalized or is removed by someone other than the applicant or someone acting on his/her
behalf. The Town Board finds that a hearing on an application should not be delayed if the failure
to comply with this aspect of notification is not the applicant’s fault. Accordingly, the Town Board
hereby amends a section of Chapter 144 to allow a Board to waive the sign posting requirement if
the applicant can show good cause for doing so.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 144-5 A. of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
If the certificate of mailing is not filed on or before the last date permitted for such
filing under § 144-3C or if the applicant does not comply with the provisions of
§ 144-4, the application will not be placed upon the agenda of the Board (or, if
already placed upon the agenda, stricken therefrom). Notwithstanding, the
requirements of § 144-4, if the applicant places a sign at the time and in the
manner required by § 144-4 but the sign does not stand for the entire period
required, the Board, if satisfied that the sign had stood for a sufficient period of
time and that the applicant had taken all reasonable steps to restore the sign once
the applicant had become aware that the sign was not standing, may act upon the
application if the applicant can demonstrate to the Board’s satisfaction that the
failure to comply with § 144-4 was not the applicant’s fault. In order to process an
application that either was not placed upon an agenda or if placed, was stricken
therefrom, the applicant must request the Director of Building Code Enforcement
and Land Use Administration to place the application on the agenda of a future
meeting of the Board. (In the case of a petition by the owner of the subject
property for an amendment of a provision of Chapter 240 of the Code, that request
shall be made of the Town Administrator.
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.