HomeMy WebLinkAbout2007_9_5_Local_Law_No_10 Local Law No10 - 2007
This local law shall be known as the "First Amendment to the Days and Hours when Removal of
Rock is Permitted in Residence Districts and 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 which regulated the days and hours when
removal of rock by mechanical means in Residence Districts and the Recreation District of the
Town of Mamaroneck could take place. In the three and one-half years since that law went into
effect, the Town Board has had the opportunity to observe the application of this law and has
determined that further refinements in the law are necessary in order to maintain the tranquility of
the Town's residential neighborhoods while at the same time allowing owners to develop or
improve their homes and properties. This law makes appropriate changes to the law.
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Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the following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 Structures, streets and lines, pipes, culverts and conduits 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. A structure satisfying the
definition of"original construction" will no longer be considered original construction once a
certificate of completion, a letter of compliance or a certificate of occupancy (permanent or
temporary) has been issued for any structure built on the lot where the structure is located.
PERMIT A building, plumbing, wetlands, street opening or erosion and sediment control
permit.
ROCK In addition to natural stone, rock includes impervious concretions created by humans
such as macadam, concrete and bricks.
ROCK REMOVAL The removal of rocks by mechanical means.
ROCK REMOVAL PERMIT A permit issued for rock removal on a subject property.
SUBJECT PROPERTY The lot for which a rock removal permit is issued.
B. Each application for a permit for work to be done in any residence district or in the Recreation
District of the Town of Mamaroneck shall be accompanied by a calculation of the total amount of
cubic feet that will be disturbed by the work for which the permit is being requested. When that
work will disturb more than 2,000 cubic feet, rock removal shall be illegal unless a rock removal
permit is issued for the subject property.
C. Rock removal shall be allowed only on the 15 days (not including Saturdays, Sundays and
public holidays listed in section 24 of the New York 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. 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 section 24 of the New York 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. (a) 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 250 feet of any lot line of the subject property:
"Dear Neighbor,
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:OOPM (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 THE
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) 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 section 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 Section 24 of the New York General
Construction Law.
G. Only 1 rock removal permit shall be issued for a subject property in any calendar year. If a
rock removal permit expires after November 30th of any year, no rock removal permit for the same
subject property shall be issued prior to March 1st of the following calendar year.
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 or 15 days in jail, or both, 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.
L 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 or 15 days in jail, or both, 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.
LL No. -2007(Rock Removal Law)Approved 09-05-07