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HomeMy WebLinkAbout2000_4_12_Local_Law_No_4 THE FOLLOWING LOCAL LAW WAS ADOPTED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK BY RESOLUTION ON MARCH 12, 2000. LOCAL LAW NO. 4 - 2000 A Local Law regarding the review of local impacts caused by major development projects in areas that abut, adjoin or are adjacent to the Town of Mamaroneck, amending the Code of the Town of Mamaroneck. Be it enacted by the Town Board of the Town of Mamaroneck as follows: Section 1 The Code of the Town of Mamaroneck is hereby amended by adding thereto Chapter 130, entitled “Local Impact Review” as follows: Section 130-1. Authority : This chapter is adopted pursuant to the authority granted by Article 9, Section 2 of the New York State Constitution and the statutes that implement the powers of local governments provided for therein, including, but not limited to, Section 10 of the Municipal Home Rule Law and Sections 64 and 130 of the Town Law. Section 130-2. Purpose and Intent : Major development projects in areas that abut, adjoin or are adjacent to the Town of Mamaroneck can result in substantial impacts to the streets and areas that surround them within the Town of Mamaroneck, including, but not limited to impacts upon natural resources, noise, traffic, cultural or aesthetic resources, existing patterns of population concentration, and community or neighborhood character. The purpose of this Chapter is to address those impacts and thereby provide for the proper care, management and use of the streets and highways of the Town of Mamaroneck, and the protection, safety, health and well-being of persons and property therein. This Chapter is intended to supersede any provision of the Town Law that is inconsistent herewith. Section 130-3. Permit Required : No project that (a) involves (i) the construction of 250 or more residential units, or (ii) the physical alteration of 10 acres or more, or (iii) the construction of a facility with more than 100,000 square feet of gross floor area, or (iv) involves parking for more than l,000 vehicles and (b) abuts, adjoins or is adjacent to a Town street within or upon the border of the Town of Mamaroneck shall be undertaken except upon the issuance of a permit by the Town Board. Page 2 Section 130-4. Application Process : A. Application for the permit required by this chapter shall be made to the Town Administrator on such forms as the Town Administrator shall establish and shall include: (1) A detailed development plan showing the proposed use, location, height and design of all existing and proposed buildings and structures on the site, prepared by a licensed architect or professional engineer under his or her professional seal, provided on a certified survey of the site, which shall be prepared by a licensed surveyor; and (2) A map showing the applicant’s property and all other properties, including all improvements thereon and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch. B. In reviewing the application, the Town Board may require that the applicant provide such additional information and/or studies as the Town Board determines are relevant to the issues before it. C. A permit pursuant to this Chapter shall be valid for a period of twenty-four (24) months from the date it is granted. D. Every application for a permit pursuant to this Chapter shall be accompanied by a fee as set forth by resolution of the Town Board from time to time to help defray the costs of processing the application. Additionally, should the approving agency deem it necessary to hire consultants for technical review, the applicant shall be required to bear the expense thereof, not to exceed the total cost to the Town. Section 130 -5. Permit Standards: In reviewing an application for a permit under this Section, the Town Board shall consider the potential impacts of the project on the streets and the areas around the project, including, but not limited to, impacts upon natural resources, nose, traffic, cultural or aesthetic resources, existing patterns of population concentration, and community or neighborhood character, and shall review the means available to mitigate such impacts, including those regulatory measures that are within the authority of the Town to undertake. The Town Board shall grant a permit upon finding that the impacts associated with the project can be mitigated and that all such mitigation measures have been incorporated into the plan for the project. Section 130-6. Certain Projects Excluded : The requirements of this Chapter shall not apply to any project for which site plan approval has been granted pursuant to Chapter 177 of the Code of the Town of Mamaroneck. Page 3 Section 130-7. Enforcement: The requirements of this Chapter may be enforced by legal or equitable proceedings and by such other means as the Town Board shall determine. Section 2. Section 92-2 of the Code of the Town of Mamaroneck is amended to add the following definition: ACTION - Development projects in areas that abut, adjoin or are adjacent to the Town of Mamaroneck that may result in substantial impacts to the street and areas that surround them with the Town of Mamaroneck, including, but not limited to, impacts upon natural resources, nose, traffic, cultural or aesthetic resources, existing patterns of population concentration, and community or neighborhood character. Section 3. - Severability : Should any section or provision of this Local Law be determined by any court of competent jurisdiction to be unconstitutional or invalid, then such section or provision shall be null and void and shall be deemed separable from the remaining section of this law, and such determination shall in no way affect the validity of the remaining sections or provisions of this law. Section 4 - Effective Date : This Local Law shall take effect immediately upon filing with the Secretary of State. Section 5 The Town Clerk shall cause the amendments effected by this Local Law to be incorporated into the Code of the Town of Mamaroneck.