HomeMy WebLinkAbout2004_2_11_Local_Law_No_2 Local Law No. 2 - 2004
This local law shall be known as 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 as
follows:
Section 1 - Purpose.
The noise connected with the removal of rock by mechanical means,
commonly referred to as "chipping", has become a cause of concern in the
Town of Mamaroneck. Too often the peace and quiet of the residential
neighborhoods of the Town is being disturbed by the continuous, incessant
sounds of drills and machinery boring into bedrock and vehicles being loaded
with and then leaving sites with excavated rock only to return later in the
day to resume the process. Chipping has been known to occur on all seven
days of the week and in the morning and evening hours. Though recognizing
that rock removal is often necessary in order for landowners to develop or
improve their homes and properties, the Town Board has determined that
there must be greater control on rock removal to insure the tranquility of the
Town's residential neighborhoods. The Town Board recognizes, however,
that those controls must be balanced against the right of owners to develop
or improve their homes and properties. This law is an attempt to strike that
balance.
Section 2 -Addition of a New Section to the Code of the Town of
Mamaroneck
The Code of the Town of Mamaroneck hereby is amended to add to it
the following new section:
"§ 106-56. Duration and Hours for Mechanical Rock Removal.
A. For the purpose of this section:
(1) "Mechanical means" 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".
(2) "Original construction" means 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.
(3) "Permit" means a building, plumbing, wetlands, street opening or
erosion and sediment control permit.
(4) In addition to natural stone, "rock" includes impervious
concretions created by humans such as macadam, concrete and bricks.
(5) "Rock removal permit" means a permit issued after the date
on which rock removal by mechanical means no longer is allowed to be done
pursuant to a previously issued permit.
(6) "Subject property" means the lot for which a permit or a rock
removal permit has been issued.
B. Removal of rock by mechanical means or by explosives 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 the public holidays listed in section 24 of the New York General
Construction Law; or
(4) before 9:00 AM (prevailing time) or after 6:00 PM (prevailing time) on
weekdays which are not public holidays listed in section 24 of the New York
General Construction Law.
C. (1) Before any rock is removed by mechanical means, the following
notice shall be mailed to the owners of each lot that has a lot line lying within
75 feet of any lot line of the Subject Property and an affidavit attesting to
that mailing shall be filed with the official who issued the permit or the rock
removal permit.
"Dear Neighbor,
Removal of rock from the property known as
[INSERT STREET ADDRESS OR THE LOCATION OF THE 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
about to begin.
For further information, please contact [INSERT THE NAME OF THE
OWNER OR THE PERSON IN CHARGE OF THE PROJECT] at the
following phone number: [INSERT CURRENT TELEPHONE NUMBER
OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF OWNER]
[PRINT NAME OF THE OWNER]"
The affidavit required to be filed shall be made by the owner of the Subject
Property.
(2) Failure to mail the notice required by section 106-56 (C)(1) or to
file the affidavit required by section 106-56 (C)(1) prior to commencing rock
removal by mechanical means shall constitute a violation of this section by
the owner of the Subject Property. Such violation shall be punishable by a
fine of not more than $250.00 or 15 days in jail, or both. The owner of the
Subject Property also shall be liable for the civil penalty imposed by section
106-52 C of the Code. Reliance upon someone else to mail the notice or to file
the affidavit shall not be a defense in any prosecution of a violation of section
106-56 (C)(1).
D. 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. Where such
work involves disturbing more than 2,000 cubic feet, rock removal by
mechanical means shall be allowed only for the 90 days immediately
following the date of the permit. The permit shall contain the date after
which rock removal by mechanical means no longer will be allowed to be
done pursuant to that permit. It shall be a violation of this law for rock to be
removed by mechanical means after the date specified in such permit unless a
rock removal permit is issued by the Director of Building Code Enforcement
and Land Use Administration. This paragraph shall not apply to original
construction.
E. For original construction, rock removal by mechanical means shall be
allowed only for the 180 days immediately following the date of the erosion
and sediment control permit. That permit shall contain the date after which
rock removal by mechanical means no longer will be allowed to be done
pursuant thereto. It shall be a violation of this law for rock to be removed by
mechanical means after the date specified in such permit unless a rock
removal permit is issued by the Director of Building Code Enforcement and
Land Use Administration.
F. No rock removal permit shall be issued for any property earlier than
30 days after the date on which the authority to remove rock by mechanical
means pursuant to a prior permit or a prior rock removal permit shall have
expired. A rock removal permit shall authorize rock removal by mechanical
means for the 90 days immediately following the date of that permit. The
rock removal permit shall contain the date after which rock removal by
mechanical means no longer will be allowed to be done pursuant to that
permit. It shall be a violation of this law for rock to be removed by
mechanical means after the date specified in a rock removal permit unless
another rock removal permit is issued by the Director of Building Code
Enforcement and Land Use Administration.
G. Any person who violates this section shall be guilty of a violation
which shall be punishable by a fine of not more than $250.00 or 15 days in
jail, or both and also shall be liable for the civil penalty imposed by section
106-52 C of the Code. Each use of mechanical means to remove rock on a
day or at an hour when such removal is prohibited by this section shall
constitute a separate offense.
H. This section shall not apply to the removal of rock which is excavated
without first being reduced in size.
L 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 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
The Code of the Town of Mamaroneck hereby is amended to add the
following provision to section A250-1 A.
Code Subject Fee or
Section Deposit
§106.56 Rock removal
permit application $50.00
Second rock removal
permit application for
the same lot $75.00
Each additional
rock removal permit
application for the
same lot $100.00
Section 4 - Severability
Should any court of competent jurisdiction declare any provision of this
Local Law invalid or unconstitutional, 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 5 - Effective Date
This Local Law shall become effective on the date that it is filed in the office
of the Secretary of State.
LL No. 2 - 2004 (Rock Removal) passed 02-11-04
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