HomeMy WebLinkAbout2003_12_3_Local_Law_No_24 Local Law No. 24 2003
This local law shall be known as the "Second Extension of the Moratorium
on Development along a section of the Boston Post Road" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
Primary Purpose
After the Town Board enacted Local Law No. 3-2003 which created a
moratorium on development along a section of the Boston Post Road, the
firm of Buckhurst, Fish and Jacquemart studied that section of the Boston
Post Road and submitted to the Town Board alternatives for the zoning of
the affected properties. Those alternatives were discussed at the July 9, 2003
work session of the Town Board where Buckhurst, Fish and Jacquemart was
instructed to modify its proposed zoning amendment to reflect the Town
Board's reaction to it. The revised zoning amendment has been submitted to
the Town Board which currently is considering it. Since this amendment will
require adherence to (i) the procedures for studying possible environmental
impacts that could be wrought by such a change in zoning and (ii) the
mechanisms for amending the Town's zoning laws contained in the Town's
zoning ordinance, the process for amending the Town's zoning ordinance
probably cannot be concluded by December 31, 2003 --- the date on which
the moratorium is scheduled to expire. This law extends the moratorium for
three months to afford the Town Board the opportunity to complete that
process.
Secondary Purpose
The current moratorium prevents the Director of Building Code
Enforcement and Land Use Administration from issuing building permits,
certificates and letters for property located in the Boston Post Road corridor
even in situations where no Planning Board or Board of Appeals approvals
are required. The intention of the Town Board in enacting the moratorium
was to prevent new development in this corridor while it considered whether
to alter the zoning requirements for that area, not to be so restrictive as to
prevent property owners from obtaining permits to carry out construction
that does not require the approval of either the Planning Board or the Board
of Appeals. This amendment also modifies the moratorium law to eliminate
this restriction.
Section 2 -Amendment:
Section 240-83 C (2) of the Code of the Town of Mamaroneck hereby is
amended by deleting the words "December 31, 2003" therein and
substituting the words "March 31, 2004" in their place.
Section 3 -Amendment:
Section 240-83 C.(3) of the Code of the Town of Mamaroneck hereby is
amended to add the following subparagraph C:
"(C) The Director of Building Code Enforcement and Land Use
Administration may issue
building permits, certificates of completion, letters of compliance or
certificates of occupancy (permanent or temporary) provisions for work done
or to be done on properties described in paragraph C. (1) when such work
does not require a variance, final approval of a subdivision plat, site plan
approval or a special permit."
Section 4 - 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 5 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
LL No._, 2003 (2nd Ext Moratorium on Development BPR passed 23/3/03)