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HomeMy WebLinkAbout2015_3_25_Local_Law_No_5 Local Law No. 5 - 2015 This local law shall be known as the “Notification of Demolition” law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Board finds that prior to demolition, notice should be given by mail to owners or occupants of properties adjacent to a site where the demolition of all or substantial sections of structures is about to occur and to the general public through the posting of a sign. Section 2 – Amendment of a current chapter of the Code of the Town of Mamaroneck: Chapter 144 of the Code of the Town of Mamaroneck hereby is divided into three articles. Article I shall be entitled: “General” and shall consist of sections 144-1 and 144-2 of the Code of the Town of Mamaroneck, as those sections are amended by this local law. Article II shall be entitled: “Notification of Certain Proceedings Pending Before Boards” and shall consist of sections 144-3 through 144-7, inclusive, of the Code of the Town of Mamaroneck. Article III shall be entitled: “Notification of Demolition” and shall consist of the sections added to the Code of the Town of Mamaroneck by this local law. Section 3– Amendment of a current section of the Code of the Town of Mamaroneck: Section 144-1 of the Code of the Town of Mamaroneck is amended by deleting the existing section and substituting the following: Article I: General § 144-1. Purpose A. It is important for neighbors to know when the Board of Appeals, the Planning Board or the Town Board will hear and discuss certain applications regarding the use or improvement of real property. Prior to the enactment of this chapter, notice of such requests was given by mail, by publication in the newspaper and/or by posting on the Town's Web site. While these means of notification are more than what New York State law requires, the Town Board has determined that additional notice in the form of a sign posted upon the subject property will make the Town's notification procedures more effective and comprehensive. This additional means of notification will increase awareness and will afford more people in the community an opportunity to participate in the decision-making process. 1 B. It also is important for certain neighbors of properties where substantial demolition is about to occur to be notified by mail of the impending demolition and for the general public to be notified through the posting of an appropriate sign. Section 4– Amendment of a current section of the Code of the Town of Mamaroneck: (A) The definition of SUBJECT PROPERTY appearing in section 144-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: SUBJECT PROPERTY The lot which is either the subject of an application or the site of future demolition. (B) Section 144-2 of the Code of the Town of Mamaroneck is further amended by adding the following definitions thereto: DEMOLITION The razing of all or a portion of the exterior of the main building (as defined in section 240-4 of the Code) on a subject property. Section 5 – Insertion of a title to the Code of the Town of Mamaroneck: The following shall be added to the Code of the Town of Mamaroneck immediately after section 144-2 and immediately before section 144-3: Article II: Notification of Certain Proceedings Pending Before Boards Section 6 –Addition of sections to the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by adding the following sections that provide as follows: Article III: Notification of Demolition § 144-8. Property Owners to be Notified of Demolition. No more than 14 days and no less than 7 days before more than fifty (50%) percent of the main building (as defined in section 240-4 of the Code) on a subject property is demolished, the applicant shall notify the owners of the properties that are contiguous to the subject property of the date on which such demolition shall occur. Notification shall be done by first class mail addressed to the contiguous properties. § 144-9. Signs. A. No more than 14 days and no less than 7 days before more than fifty (50%) percent of the main building (as defined in section 240-4 of the Code) on a subject property is demolished, the 2 applicant shall post a sign on the subject property announcing the date for the demolition. The color, material, size, content and wording of the sign shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The specifications for the sign shall be kept on file in the Town's Building Department. B. The sign shall be placed on the subject property in a location where it will be clearly visible to a person standing in front of the subject property. It shall be no more than 10 feet back from the edge of the paved portion of the street abutting the subject property’s front lot line. § 144-10. Penalty for Failure to Notify Owners of Demolition. A violation of section 144-8 shall be punishable by a fine of $250. Section 7 – 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 8 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 3