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HomeMy WebLinkAbout2016_9_7_Local_Law_No_10 Local Law No. 10 - 2016 This local law shall be known as the “Second Amendment to the Days and Hours when Removal of Rock by Mechanical Means is Permitted in Residence Districts and in the Recreation District of the Town of Mamaroneck” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: In 2004, the Town Board enacted Local Law No. 2-2004 to create rules for the days and hours when removal of rock by mechanical means would be permitted in Residence Districts and in the Recreation District of the Town. By Local Law No. 10-2007, the Town Board amended Local Law No. 2-2004 based upon the Town’s experience with the original law. Nine years have passed since the 2007 amendment and over that time period, the Town Board has had the opportunity to observe the workings of this law, as amended, and has determined that further refinements should be made in order to balance the rights of persons to enjoy peace and tranquility in their neighborhoods with the rights of owners to develop or improve their homes and properties in ways permitted by the zoning ordinance. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 106-58.1 of the code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §106-58.1 Duration and hours for mechanical rock removal A. As used in this section, the following terms shall have the meanings indicated: MECHANICAL MEANS The use of any tools that are not operated solely by human muscular power. Explosives and the tools used in connection therewith shall not be considered mechanical means. ORIGINAL CONSTRUCTION Streets and curbs, and the lines, pipes, culverts and conduits used for transporting potable water, stormwater, sewage and utilities, such as gas, telephone, electricity, cable television and internet service, that are built on land subdivided after February 1, 2004, if the subdivision plat creating the lots in that subdivision also created one or more new private or public streets or created extensions to any existing private or public street. ROCK Natural stone and not impervious concretions created by humans such as macadam, concrete and bricks. ROCK REMOVAL The reduction in size of rocks by mechanical means and the removal of such rock from the subject property. ROCK REMOVAL PERMIT A permit issued for rock removal on a subject property. SUBJECT PROPERTY A lot for which a rock removal permit is required, or is land where original construction is to occur if such land lies outside a lot. B. A rock removal permit is required for the removal of rock of any quantity. C. Rock removal shall be allowed only on the 15 days (not including Saturdays, Sundays and public holidays listed in § 24 of the New York General Construction Law) immediately following the date of the rock removal permit. The rock removal permit shall contain the date after which rock removal no longer will be allowed to be done pursuant to that permit. Upon a showing of undue hardship, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may extend the last day on which rock may be removed pursuant to a rock removal permit by up to 5 days. If the number of additional days would include a day or days on which rock removal is prohibited by this section, the extension period will bypass such days and resume on the first day thereafter when rock removal is permitted by this section. This subsection shall not apply to original construction. D. For original construction, rock removal shall be allowed only for the 180 days (not including Saturdays, Sundays and public holidays listed in § 24 of the New York General Construction Law) immediately following the date of the rock removal permit. That permit shall contain the date after which rock removal no longer will be allowed to be done pursuant to that permit. E. Notice to neighbors; affidavit of mailing. (1) No later than 10 days before rock removal for which a rock removal permit is required commences, the following notice shall be mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of the subject property: "Dear Neighbor, 2 Rock removal from the property known as \[INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS\] by mechanical means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment is scheduled to begin on \[INSERT EFFECTIVE DATE OF THE ROCK REMOVAL PERMIT\]. The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays or public holidays. It also prohibits such removal before 9:00 AM (prevailing time) and after 6:00 PM (prevailing time) on those days when rock removal by mechanical means is permitted. The last day on which rock can be removed from this site by mechanical means is \[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR\]. For further information, please contact \[INSERT THE NAME OF THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT\] at the following telephone number: \[INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE\]. Very truly yours, \[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY\] \[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY\]" (2) An affidavit attesting to that mailing must be filed with the Building Department before a rock removal permit can be issued for the subject property. The owner of the subject property shall attest to that affidavit. F. Rock removal shall not be permitted in any residence district or in the Recreation District of the Town of Mamaroneck: (1) On Saturdays; (2) On Sundays; (3) On public holidays listed in § 24 of the New York Construction Law; or (4) Before 9:00 a.m. (prevailing time) or after 6:00 p.m. (prevailing time) on weekdays which are not public holidays listed in § 24 of the New York General Construction Law. G. No more than one rock removal permit shall be issued for a subject property within any twelve month period. H. Any person who violates this section shall be guilty of a violation which shall be punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. Each use of mechanical means to remove rock on a day or at an hour when rock removal is prohibited by this section shall constitute a separate offense. 3 I. If there is a violation of this section by someone other than the owner of the subject property, the owner of the subject property also shall be guilty of a violation which shall be punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. J. This section shall not apply to the removal of rock which is excavated without first being reduced in size. K. This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent contractors engaged by any of them. 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. 4