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
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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.
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