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HomeMy WebLinkAbout1994_8_17_Local_Law_No_7 i• LOCAL LAW No. 7-- 1994 This Local Law shall be known as "Moratorium on Placement of Cellular Telephone Antennas" . BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows : 1 . This Local Law shall be known and cited as Moratorium on Placement of Cellular Telephone Antennas . 2 . Purpose and Intent : The Town Board is cognizant of the concern within the community of potential impacts to public health, safety and welfare of cellular telephone antennas . Antennas emit electromagnetic fields and there is a public perception that exposure to those fields at certain distances may adversely affect the health of individuals who are exposed. At the present time the Town of Mamaroneck has no specific regulations with respect to the placement of cellular telephone antennas . 'It is the intent of this Local Law to provide for a moratorium on placement of such antennas so that the Town Board may have an opportunity to investigate the public perception of the effects of these antennas and the concomitant impact of any such perception on matters within the jurisdiction of the Town. In particular, the Town Board wants to consider the potential impact of such structures on property values in particular zoning districts., and on the visual aesthetic character of the Town, and to determine whether it is appropriate to adopt zoning changes with respect to cellular telephone antennas to protect these values . The Town Board recognizes that this is a highly regulated area which is largely pre-empted by the Federal government . However, the Board believes that it is within its authority to adopt limited regulations, if warranted, to protect traditional zoning objectives . The Town Board is further aware that cellular telephone transmissions are an important form of communication and is adopting this moratorium for a limited period so as to avoid, to the greatest extent possible, interference with the plans of providers of cellular telephone service. 3 . This Local Law shall apply to all properties within the Town of Mamaroneck. 4 . Scope of Controls A. During the effective period of this law: 1) The Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special permit or wetlands permit which would have as a result the erection of a cellular telephone antenna. 2) The Zoning Board of Appeals shall not grant any variance or special permit for any use which would result in the erection of a cellular telephone antenna. 3) The Building Inspector shall not issue any permit which would result in the erection of a cellular telephone antenna. B. The foregoing restrictions shall not apply to the following: 1) Certificates of Occupancy for any and all construction made pursuant to Building Permits issued prior to the effective date of this Local 1 Law. `- C. The Town Board reserves the right to direct the Building Inspector to revoke or rescind any Building Permits or Certificates of Occupancy issued in violation of this Local Law. 5 . No consideration of new applications : No applications for construction affected by this Local Law or for approvals for site plan, subdivision, variance, wetlands permit, or special permit shall be considered by any board or agency of the Town of Mamaroneck while this Local Law is in effect . Nothing in this Local Law shall preclude an applicant for such proposed construction from having a maximum of two informal conferences with an appropriate board or agency while this local Law is in effect . 6 . Term This Local Law shall be in effect for a period of 90 days from its effective date. � 7 . Penalties Any person, firm or corporation that shall construct, erect, enlarge or alter any cellular telephone antenna in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: A. Such penalties as may otherwise be provided by the laws, rules and regulations of the Town of Mamaroneck for violations; and B. Injunctive relief in favor of the Town of Mamaroneck to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction which may have taken place in violation of this Local. Law. 8 . Validity The invalidity of any provision of this Local *Law shall not effect the validity of any other provision of this .Local Law which can be given effect without such invalid provision. 9 . Superseding other laws A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law with respect to their application to the subject matter of this Local Law for the 90--day term of this Local Law. B. This Local Law shall modify and supersede with respect to its application and for the term of this Local Law the following provisions of the Town Law of the State of New York: Sections 267-a, 267-b, 274-a, 274-b, 276 and 277 . 10 . Hardship A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law unnecessary hardship shall not be the mere delay in being permitted to make an application for a variance, special permit, site plan, wetlands permit, or subdivision during the pendency of this Local Law. B. Procedure . Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall within 30 days of receipt of said application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 15 days of the close of said Public Hearing render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. 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 of said decision in the Office of the Town Clerk. 11. Effective Date This Local Law shall take effect immediately. 1