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HomeMy WebLinkAbout2013_7_24_Local_Law_No_4 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Amendment of a current section of the Mamaroneck Code: Section 144-5 A. of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: If the certificate of mailing is not filed on or before the last date permitted for such filing under § 144-3C or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.