HomeMy WebLinkAbout2020_12_14_Local_Law_No_10
Local Law No. 10 - 2020
This local law shall be known as the “2020 Revision of the Mechanical Rock Removal” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The Town Board continues to monitor the impact of pulverizing and removing rock by
mechanical means upon the health, safety and welfare of the Town’s residents with a goal of
balancing people’s right to develop their properties with a neighborhood’s right to tranquility, to
the extent possible. Among the concerns that have arisen are the need to mitigate the spread of
dust and other particulates during both the drilling and pulverizing of rock and its removal from
the site, the need to limit mechanical rock removal on smaller lots and the need to decrease the
number of hours per day when such activities may take place. This revision in the law furthers
the goal.
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Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the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 pulverizing and removing rock.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection with blasting shall not be considered
mechanical means.
MONITOR
A person, unaffiliated with either the owner of the subject property or the person
pulverizing rock and/or removing it from the subject property with experience in
residential construction, especially the pulverizing and removal of rock and
acceptable to the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration, who will be present at a subject property whenever
rock is pulverized or removed therefrom. The monitor’s responsibility is to assure
compliance with the P&R Permit and section 106-58.1 of the Code. The person to
whom the P&R Permit is issued shall be responsible for paying the monitor’s fee.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, 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.
PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK ON A SUBJECT
PROPERTY
The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time)
on days other than Saturdays, Sundays and the public holidays listed in § 24 of the
New York General Construction Law.
PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT
PROPERTY
The eight hours between 9:00 a.m. (prevailing time) and 5:00 p.m. (prevailing time),
on days other than Saturdays, Sundays and the public holidays listed in § 24 of the
New York General Construction Law.
PERMITTED NUMBER OF DAYS
For creating trenches for utility lines on a subject property having an area less than
six thousand (6,000) square feet, ten (10) days.
For a subject property having an area greater than six thousand (6,000) square feet
but less than seven thousand five hundred (7,500) square feet, ten (10) days.
For a subject property having an area greater than seven thousand five hundred
(7,500) square feet, fifteen (15) days.
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P&R PERMIT
A permit issued for pulverizing rock on, and/or removing pulverized rock from, a
subject property.
PULVERIZING ROCK
The drilling and/or the reduction in size of rock by mechanical means in any
residence district or in the Recreation District of the Town.
REMOVAL
The carting away of rock that has been pulverized from a subject property.
RESTRICTED AREA
The area encompassed by the six hundred (600) linear feet from each of the lot
lines and corners of a property for which a P&R Permit is issued.
RESTRICTED PERIOD
The sixty (60) calendar days from the last day on which pulverizing rock was
permitted on a property lying within the restricted area.
ROCK
Naturally occurring stone. “Rock” does not include impervious concretions created
by humans such as macadam, concrete and bricks, or stone installed by humans, such
as slate used to create a walkway.
SUBJECT PROPERTY
A lot for which a P&R Permit is required, or land where the construction of original
infrastructure is to occur if such land lies outside a lot.
B. A P&R Permit is required for pulverizing and/or removing any quantity of rock from a
subject property.
C. Except for pulverizing and/or removing rock for the purpose of creating trenches for
utility lines, no P&R Permit shall be issued with respect to a subject property having an
area less than six thousand (6,000) square feet.
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D. No P&R Permit shall be issued until the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration approves the dust mitigation plan
submitted by the applicant. Such plan must incorporate the best dust control practices,
including but not limited to, a water spray system (air suppression or surface wetting) or
other practices that are considered best dust practices at the time the application for a P&R
Permit is made. The dust mitigation plan also must present the measures the applicant
intends to use to control water runoff as a result of water spraying. In the sole discretion
of the Building Inspector or the Director of Building Code Enforcement and Land Use
Administration, air quality sampling may be required during the course of rock removal.
E. Reducing the size of rock after it has been pulverized while such rock remains on the
subject property is not permitted at any time.
F. There shall be no more than two machines on the subject property having drills or
hammers operating at the same time.
G. No more than one P&R Permit shall be issued for a subject property within any twelve-
month period.
H. During the restricted period, no P&R Permit shall be issued for a property that lies within
the restricted area.
I. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done
of the condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner. Such survey
must be done by an entity regularly engaged in conducting tests or furnishing inspection
services that is approved by the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration. If the occupant of a lot to be surveyed refuses
to allow a survey to be done, the applicant shall submit an affidavit stating that he/she
had attempted to gain access but was denied. Submission of such an affidavit will obviate
the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall
not be required if all of the rock removal will be done using mechanical means that are
designed to be handheld while operating.
J. Notice to neighbors; affidavit of mailing.
(1) No later than 10 days before work pursuant to a P&R Permit 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:
(a) For work that is not the construction of original infrastructure:
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"Dear Neighbor,
Rock from the property known as \[INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS\] will be pulverized by
mechanical means, such as drills, jackhammers and other types of gas, diesel or electric
powered equipment and removed from this property by dump trucks or similar vehicles.
Work is scheduled to begin on \[INSERT THE STARTING DATE FOR WORK TO BE DONE
PURSUANT TO A P&R PERMIT\]. The last day on which rock can be pulverized by mechanical
means or removed from this site is \[INSERT THE LAST DATE ON WHICH WORK DONE
PURSUANT TO THE P&R PERMIT CAN OCCUR\]. Upon a showing of undue hardship by
the permit holder, rock may be pulverized or removed from the site, or both, for up to five (5)
additional days. The person performing the work is responsible for having an independent
monitor on site to assure compliance with the law.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before
work begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing
time) on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays, Sundays or public holidays or before 9:00 a.m. (prevailing time) and after 5:00 p.m.
(prevailing time) on those days when removal of pulverized rock is permitted.
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,
\[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY\]
\[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY\]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock from the property known as \[INSERT THE STREET ADDRESS OR THE LOCATION OF
THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS\] will be pulverized by mechanical
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means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment
and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin
on \[INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R
PERMIT\]. The last day on which rock can be pulverized by mechanical means or removed from
this site is \[INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R
PERMIT CAN OCCUR\]. The person performing the work is responsible for having an
independent monitor on site to assure compliance with the law.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to establish the physical condition of the structures on your property before rock
removal begins so that you may be able to determine whether and to what extent, the work may
damage your property. If you were not contacted about having a survey done, please contact
the Town Building Department at 914-381-7830 immediately.
The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays,
Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing
time) on those days when such work is permitted.
The law also does not allow the rock that has been pulverized to be removed from the site on
Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m.
(prevailing time) on those days when removal of pulverized rock is permitted.
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) A certificate of mailing issued by the United States Postal Service showing that the
mailing was done in time to comply with this section must be filed with the Building
Department before a P&R Permit can be issued for the subject property.
K. While on the subject property, particulate matter must be sufficiently soaked or stored to
prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Motor vehicles used to transport particulate matter must be covered.
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M Other than for the construction of original infrastructure, pulverizing and removing rock
from a subject property shall be allowed only during permitted hours and only for the
permitted number of days, starting on the date specified for the commencement of such
work contained in the notice to neighbors described in §106-58.1 J. (1) (a). Rock shall not
be pulverized or removed from the subject property unless the monitor is present. The
P&R Permit shall contain the date after which pulverizing and removing rock no longer
will be allowed to be done. Upon a showing of undue hardship, the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration may allow rock
to be pulverized and removed from a subject property for up to five additional days. If
the number of additional days includes a day or days on which such work is prohibited
by this section, the extension period will bypass such days and resume on the first day
thereafter when pulverizing and removing rock is permitted by this section.
N. For the construction of original infrastructure, pulverizing and removing rock from a
subject property shall be allowed only during permitted hours and only for the first 180
days starting on the date specified for the commencement of such work contained in the
notice to neighbors described in §106-58.1 J. (1) (b). Rock shall not be pulverized or
removed from the subject property unless the monitor is present. The P&R Permit shall
contain the date after which pulverizing and removing rock no longer will be allowed to
be done. Under no circumstances may work pursuant to a P&R Permit in connection with
the construction of original infrastructure extend beyond the one hundred-eightieth day
(180th) day specified for the commencement of such work in the notice to neighbors
described in §106-58.1 J. (1) (b).
O. 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 pulverize rock or
each time rock is removed from a subject property on a day or at an hour when such
activity is prohibited by this section shall constitute a separate offense.
P. 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.
Q. 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, or the Villages of Larchmont or Mamaroneck or
any independent contractors engaged by any of the entities listed in this paragraph.
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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 2, 2021 or its filing with the
Secretary of State.
2020-12-02-LL AS ENACTED
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