HomeMy WebLinkAbout2015_12_16_Local_Law_No_11
Local Law No. 11 - 2015
This local law shall be known as the “Moratorium on Major Construction” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The Town has begun to experience the construction of new homes that are much larger and cover more
area than the types of homes heretofore built in Town. Because much of this construction is allowed to be
done ‘as-of-right’, the Town has limited control over the grading and the appearance of lots once
construction is complete. In order to balance the rights of people to improve their properties with the goal
to, and desirability of maintaining the character of the Town, the Town Board determines that it is
important to enact a short moratorium on major construction (defined below) to allow it the opportunity
to evaluate these competing interests and if necessary, enact legislation designed to accommodate both
interests.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 106-41 of the Code of the Town of Mamaroneck shall be amended by adding a new subsection D.
thereto:
§ 106-41 Issuance of building permit.
D. (1) As used in this subsection, the following terms shall have these meanings:
AFFECTED PROPERTIES
Lots located within the R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 and R-50 zoning districts.
MAJOR CONSTRUCTION
The construction of a dwelling on a vacant lot, or
Increasing the footprint of a dwelling on an improved lot by more than thirty-five (35%)
percent, or
The regrading of more than forty (40%) percent of a lot whether such lot is vacant or
improved.
(2) No permit for major construction on an affected property shall be issued with respect to an
application for such permit that is submitted between January 1, 2016 and March 31, 2016.
(3) The Director of Building Code Enforcement and Land Use Administration or the Building
Inspector shall revoke or rescind any building permit issued in violation of this subsection.
(4) (a) Should the application of this subsection impose an unnecessary hardship upon the owner
of an affected property, the owner of that property or a person acting with the owner's permission
may apply to the Town Board for an exemption from this subsection upon submission of proof of
such unnecessary hardship. Such application shall be in writing and submitted to the Town Clerk. It
shall include details of the unnecessary hardship that the owner claims. The mere delay in being
able to obtain a permit shall not be considered an unnecessary hardship.
(b) Within 30 days after the submission of a written application for an exemption from this
subsection, the Town Board shall hold a public hearing on that application and shall publish notice
of such hearing at least 5 days prior thereto in the official newspaper of the Town. Within 15 days
after the close of the public hearing, the Town Board shall render its decision either granting or
denying the application for an exemption from this subsection.
(c) Any party aggrieved by the determination of the Town Board may challenge its decision
pursuant to Article 78 of the Civil Practice Law and Rules within 30 days of the filing of the Town
Board’s decision with the Town Clerk.
(5) Section 106-41 D. shall not apply to lots created by a subdivision approved by the Planning
Board on or after November 1, 2013.
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 the later of January 1, 2016 or its filing with the Secretary of
State.
12/18/15