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.