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Local Law No. 8 - 2021
This local law shall be known as the “First Amendment to the 2020 Revision of the Mechanical
Rock Removal” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
Local Law No. 10 of 2020 requires that the improvements on certain neighboring
properties be surveyed before mechanical rock removal is done. Although implicit, the law did
not explicitly require the applicant for the P&R Permit to deliver a copy of the survey to
homeowners or to the Building Department. This amendment makes that requirement explicit.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 I. of the Code of the Town of Mamaroneck hereby is repealed and the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.
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. Prior to the issuance of the P&R Permit, a copy
of the survey shall be given, free of charge, to the occupant of the applicable surveyed lot,
and to the Building Department. 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.
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 its filing with the Secretary of State.
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