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HomeMy WebLinkAbout2005_2_16_Local_Law_No_2 Local Law No. 2 - 2005 This local law shall be known as the "Notification Procedures" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: It is important for neighbors to know when the Board of Appeals, the Planning Board or the Town Board will hear and discuss certain applications regarding the use or improvement of real property. Currently notice of such requests is given by mail, by publication in the newspaper and/or by posting on the Town's web site. While these means of notification are more than what New York State law requires, the Town Board has determined that additional notice in the form of a sign posted upon the subject property will make the Town's notification procedures more effective and comprehensive. This additional means of notification will increase awareness and will afford more people in the community an opportunity to participate in the decision making process. The following chapter adds that requirement and also locates all of the notification procedures for the types of applications described in the law in one, new chapter of the Code of the Town of Mamaroneck. Section 2 - Amendment to the Code of the Town: The Code of the Town of Mamaroneck hereby is amended to add the following chapter to it. Chapter 144 NOTIFICATION PROCEDURES §144-1. Purpose. §144-2. Definitions. §144-3. Property owners to be notified. §144-4. Signs. §144-5. Penalty for non-compliance. §144-6. Web Site. §144-7. Conformity with State Law. §144-1. Purpose. It is important for neighbors to know when the Board of Appeals, the Planning Board or the Town Board will hear and discuss certain applications regarding the use or improvement of real property. Prior to the enactment of this chapter, notice of such requests was given by mail, by publication in the newspaper and/or by posting on the Town's web site. While these means of notification are more than what New York State law requires, the Town Board has determined that additional notice in the form of a sign posted upon the subject property will make the Town's notification procedures more effective and comprehensive. This additional means of notification will increase awareness and will afford more people in the community an opportunity to participate in the decision making process. This chapter adds that requirement and also locates the notification procedures for the types of applications described in this chapter in one place within the Code of the Town of Mamaroneck. §144-2. Definitions. As used in this chapter, the following terms have the meanings indicated: APPLICANT --- The owner of the subject property or the person requesting an interpretation of Chapter 240 of the Code. The applicant may authorize another person to act in the applicant's behalf. APPLICATION --- A request for (1) the approval of a site plan pursuant to chapter 177 of the Code, (2) the approval of a subdivision pursuant to chapter 190 of the Code, (3) the issuance of a special use permit pursuant to chapter 240 of the Code, (4) the interpretation of, or a variance from, any provision of chapter 240 of the Code, (5) the amendment of any provision of chapter 240 of the Code if requested through a petition by the owner of the subject property or (6) 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". BOARD --- The Board of Appeals, the Planning Board or the Town Board of the Town of Mamaroneck. MAILING AREA --- Any lot which: (1) has a lot line that lies within 300 feet of any of the lot lines of the subject property and abuts one of the streets that the subject property abuts; or (2) has a lot line which, in whole or in part, is the same as one of the lot lines of the subject property; or (3) touches the subject property at any point. SUBJECT PROPERTY--- The lot which is the subject of an application. WEB SITE --- www.townofmamaroneck.org or whatever other web site address may become the Town's official web site. § 144-3. Property owners to be notified. A. With an application, the applicant shall submit a list of the names of all the owners and the postal addresses of all of the lots which lie within the mailing area as well as the tax block and lot designations of all such lots as they appear on the Town's t ax assessment map. On this list, the applicant shall certify that the Town's tax assessment map (including its scale) was used to determine which lots lie within he mailing area and that the Town's tax assessment roll was used to determine the postal addresses of the lots lying within the mailing area and the names of the owners of all those lots. B. No later than fourteen (14) calendar days before the first date on which the application appears on the agenda of the Board, the applicant shall mail notice thereof(as well as such other material as the Town Board may require from time to time) to the owners of all of the lots lying within the mailing area. The form of that notice and the other material to be included in such mailing, if any, shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The Planning Board or the Board of Appeals from time to time may resolve that additional materials be included among the materials to be included in such mailing. C. No later than five (5) business days before the date on which the application appears on the agenda of the Board, the applicant shall file with the Town's Building Department a certificate of mailing issued by the United States Postal Service indicating that on or before the last date permitted for mailing under this chapter, the required materials were mailed by first class mail to the owners of all of the lots lying within the mailing area at the postal addresses shown for such lots on the Town's assessment roll. In the case of a petition requesting an amendment to a provision of chapter 240 of the Code, the certificate of mailing shall be filed with the Town Clerk instead of the Building Department. §144-4. Signs. A. No later than fourteen (14) calendar days before the first date on which the application appears on the agenda of the Board, the applicant shall post a sign on the subject property announcing the date, time and place when the application will appear on the agenda of the Board for the first time. The color, material, size, content and wording of the sign shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The specifications for the sign shall be kept on file in the Town's Building Department. The posting of a sign shall not be required when an interpretation of a provision of Chapter 240 of the Code is being requested regarding a subject property not owned by the applicant. B. The sign shall be placed on the subject property in a location where it will be clearly visible to a person standing in front of the subject property. It shall be no more than ten (10) feet back from the edge of the paved portion of the street abutting the subject property's front lot line. C. If final action is not taken upon an application on the date shown on the sign, the sign shall be updated to show the next date, time and place when the application will appear on the agenda of the Board. The sign shall be updated no later than fourteen (14) calendar days before the date of the meeting when the application will next appear on the agenda of the Board. §144-5. Penalty for non-compliance. A. If the certificate of mailing is not filed on or before the last date permitted for such filing under§144-3 C. or if the applicant does not comply with the provisions of §144-4, the application will not be placed upon the agenda of the Board (or if already placed upon the agenda, stricken therefrom). In order to process the application, the applicant must request the Director of Building Code Enforcement and Land Use Administration to place the application on the agenda of a future meeting of the Board. (In the case of a petition by the owner of the subject property for an amendment of a provision of chapter 240 of the Code, that request shall be made of the Town Administrator). B. Once the date of the meeting at which the application will be discussed is determined, the applicant must repeat the procedures set forth in §§144-3B., 144- 3C. and 144-4 of the Code within the time periods allotted by those sections. C. If more than six (6) months pass from either the date of the meeting when the application was to have appeared on the agenda of the Board for the first time but did not or the date of the meeting of the Board from which the application was stricken, the applicant will be required to submit an updated list of the names of all of the owners and the postal addresses of all of the lots which lie within the mailing area. § 144-6. Web Site. The agendas of each meeting of each of the Boards shall be posted on the Web Site. The failure of an agenda to be posted on the Web Site shall not be considered a failure to comply with the notification procedures of this chapter. §144-7. Conformity with State Law. Nothing in this chapter shall be construed as altering the notice requirements mandated by New York State Law. Section 3 - Amendment of a certain provision of the Code of the Town of Mamaroneck. Section 177-12.A. (1) of the Code of the Town of Mamaroneck is repealed in its entirety and the following is substituted in its place: (1) A public hearing on a site plan application shall be scheduled and conducted by the Planning Board, unless such hearing has been waived pursuant to §177-12A(2), within 62 days after certification to the Planning Board, by the Secretary to the Planning Board, of receipt of a properly completed application. Section 4 - Addition of a provision to the Code of the Town of Mamaroneck. Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the following section to it: C. The person applying for the approval of a site plan must comply with the notification procedures contained in Chapter 144. Section 5 - Amendment of and addition to certain provisions of the Code of the Town of Mamaroneck: Section 190-5 of the Code of the Town of Mamaroneck hereby is amended by adding the letter"A" before the text of that section and by adding the following paragraph to it: B. The person applying for the approval of a subdivision must comply with the notification procedures contained in Chapter 144. Section 6 - Amendment of a certain provision of the Code of the Town of Mamaroneck. Section 240-61.D. of the Code of the Town of Mamaroneck is repealed in its entirety and the following is substituted in its place: D. The applicant must comply with the notification procedures contained in Chapter 144. Section 7 - Amendment of a certain provision of the Code of the Town of Mamaroneck. Section 240-63 A. of the Code of the Town of Mamaroneck is repealed in its entirety and the following is substituted in its place: A. Within sixty-two (62) days of receiving an application containing all necessary information and plans, the Planning Board shall hold a public hearing on that application. At least ten (10) days before the date of the public hearing, notice of the hearing shall be published in the official newspaper of the Town. Section 8 - Amendment of and addition to certain provisions of the Code of the Town of Mamaroneck: Section 240-90 of the Code of the Town of Mamaroneck hereby is amended by adding the letter"A" before the text of that section and by adding the following paragraph to it: B. The person applying to the Board of Appeals must comply with the notification procedures contained in Chapter 144. Section 9 - Addition of a provision to the Code of the Town of Mamaroneck. Section 240-92 of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph to it: C. A person petitioning for an amendment or change to any provision of this chapter must comply with the notification procedures contained in Chapter 144. Section 10 - 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 11 - Effective Date: This Local Law shall become effective on March 31, 2005 if it is filed filing with the Secretary of State prior to that date.