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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 4