HomeMy WebLinkAbout1998_12_16_Local_Law_No_10 LOCAL LAW NO. 10 - 1998
This Local Law shall be known as "Amendment to Section 122 to Section 122 - 3 and
122 - 4 and adding a new Section 122 - 7 of Chapter 122 Helicopters and other Aircrafts"
Section 1. Purpose
The purpose of this amendment is to prohibit the discharge or acceptance of cargo from
hovering helicopters.
Section 2. Amendment
Section 122 - 3 Hovering Prohibited.
The hovering of helicopters so as to discharge or accept passengers or cargo is prohibited
within the unincorporated area of the Town of Mamaroneck.
Section 122 -4 Discharge of acceptance of passengers prohibited.
The discharging or acceptance of a passenger or cargo from or into a hovering helicopter
within the Unincorporated Area of the Town of Mamaroneck is prohibited except for an
emergency.
Section 122 - 7 Hardship
A. Should any person(s) affected by this Local Law suffer an unnecessary
hardship in the way of carrying out the strict letter of this Local Law, the
person(s) may apply to the Town Board in writing for a variation from the
strict compliance with this Local Law, upon proof of such unnecessary
hardship.
B. Procedure. Upon submission of a written application to the Town Clerk by the
person(s) seeking a variation of this Local Law, The Town Board shall, within
30 days of receipt of such application, schedule a Public Hearing on said
application upon five days written notice in the Official Newspaper of the
Town. At said Public Hearing Public Hearing, the person(s) and any other
parties wishing to present evidence with regard to the application for a
variation from the strict compliance of this Local Law shall do so. If the Town
Board determines that a person(s) will suffer unnecessary hardship due to the
strict compliance with this Local Law, to the minimum extent necessary to
provide the person(s) relief from strict compliance with this Local Law, shall
grant such relief. The Town Board may impose such requirements that insure
the public health, safety and welfare of the community.
C. Any party aggrieved by the determination of the Town Board on an application
for a variation from the strict compliance with this Local Law may appeal said
decision to the Supreme Court, State of New York, Westchester County,
pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of
the filing said decision in the Office of the Town Clerk.
Section 4. Severability
Should any provision of this Local Law be declared illegal of unconstitutional by a court
of competent jurisdiction, to the extent that the other provisions of this Local Law can be
implemented without such illegal or unconstitutional provision, such other provisions shall
remain in effect.
Section 5. Effective Date
This Local Law shall take effect immediately.