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HomeMy WebLinkAbout2021_4_27_Local_Law_No_7 Local Law No. 7 - 2021 This local law shall be known as the “Correction of the Notification Chapter in the Code of the Town of Mamaroneck” law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Chapter 144 of the Town Code consolidated into one chapter the provisions for notifying neighbors and the general public when applications are made for permission to develop land or alter or expand existing uses or structures. Applications for wetlands and watercourses permits and residential site plans were omitted inadvertently from this chapter. This law corrects that oversight. In addition, the chapters of the Town Code that regulate the process for obtaining a site plan, a subdivision, a special permit, the interpretation of the zoning code, a variance or an amendment of the zoning code contain provisions directing applicants to the notification requirements of Chapter 144. Chapter 178 entitled “Site Plan Review of Residential Development” does not. This local law adds that direction to Chapter 178. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 114-7 C of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: “C. Public hearings. The Planning Board shall hold a public hearing on the application at such time as it deems appropriate. Notice of the public hearing shall be published in the official newspaper of the Town at the same time that notice is published for other public hearings appearing on the same agenda. The applicant must comply with the notification procedures contained in Chapter 144. When deemed appropriate by the Planning Board, any public hearing on the application shall be integrated with any public hearing required or otherwise held pursuant to any other law, including but not limited to, the Town's Environmental Quality Review Law (Chapter 92) and the State Environmental Quality Review Act (Article 8).” Section 3 – Amendment of a current section of the Mamaroneck Code: Section 144-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: “APPLICATION A request for the approval of a wetlands/watercourse permit pursuant to Chapter 114 of the Code, the approval of a site plan pursuant to Chapter 177 of the Code, the approval of a site plan pursuant to Chapter 178 of the Code, the approval of a subdivision pursuant to Chapter 190 of the Code, the issuance of a special use permit pursuant to Chapter 240 of the Code, the interpretation of, or a variance from, any provision of Chapter 240 of the Code, the amendment of any provision of Chapter 240 of the Code if requested through a petition by the owner of the subject property or any combination of the foregoing. Neither a request for the extension of a special use permit nor an amendment of a provision of Chapter 240 of the Code initiated by the Town Board shall be considered an application.” Section 4 – Amendment of a current section of the Mamaroneck Code: Section 178-10 of the Code of the Town of Mamaroneck hereby is amended to add the following subsection C: “C. The person applying for the approval of a site plan must comply with the notification procedures contained in Chapter 144.” Section 5 – 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 6 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State.