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HomeMy WebLinkAbout1990_5_16_Local_Law_No_3 LOCAL LAW it 3 - 1990 LIMITED DEVELOPMENT MORATORIUM BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This local law shall be known and cited as the Limited [Development Moratorium of the Town of Mamaroneck 2. Purpose and Intent The Town Board is cognizant of the concern within the community of the need for maintaining existing open space and recreational facilities within the Town of Mamaroneck. The Town Board is likewise concerned with the potential for development on the last remaining large areas of open space within the Town and the impacts of any such development upon the community at .large with reference to the diminution of the important resource that open space in and of itself constitutes, the potential impacts upon community services, traffic. drainage and flooding in flood-prone areas. The Town Board has undertaken a review of these existing open spaces and finds that three such areas are of critical significance to the Town. As a result the Town Board has begun the process of studying the zoning on those properties and intends to move forward with proposals for the zoning of said properties which may ultimately limit the degree of development permitted on such properties. This would act to preserve the open space and recreational facilities that these properties represent as well as limiting adverse impacts upon the environment and community services. It is expected that such a process will take approximately one year to complete, and the Town finds that appropriate measures must be taken for a reasonable interim period to protect the public interest by preserving the integrity of any changes in the Zoning Ordinance or other ordinances which might be implemented through such a study. The Town Board also finds that any significant development in the areas to be designated by this local law where changes may he recommended in the existing Zoning Ordinance or other ordinances may destroy the integrity of the proposals and therefore their basic purposes, comprehensive aspects and intentions. The Town Board therefore intends to protect the study which it is commencing until after its completion of such study and possible changes in order to preserve the intended objective of the study and ensure implementation by adopting reasonable protective interim regulations during the preparation and consideration of amendments to the Zoning Ordinance and the study of such amendments to the Zoning Ordinance and any other related land use regulations. It is further the intention of the Town Board to protect the public interest and welfare and prevent premature land development which could prejudice the integrity and objectives of such study or result in the establishment of land use patterns which might be inconsistent with and in violation of the intent and findings of such study and the implementation of recommendations resulting from such study. 3. This local law shall apply to the following properties which constitute in the aggregate the largest total open space presently existing within the Town as designated on the Tax Assessment Map of We Town of Mamaroneck as Section 2 Block 201 Lut 19, Block 224 Lot 1000, Block 225 Lot 1, Section 3- Block 344 Lot 99, Block 347 Lot 1; and Section 4 Block 414 Lot 20. 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 plain or any special permit unless a completed application is currently pending before the Planning Board on the effective date of this local law, -2- ? 2) The Zoning Board of Appeals shall not grant any variance or special permit for any uses, unless a completed application is currently pending before the Zoning Board of Appeals on the effective date of this local law, 3) if a completed application is presently pending before the Planning Board or the Zoning Board of Appeals prior to the effective date of this local law, the applicant will not be affected by this local law with respect to any other necessary applications and approvals for this same project. B. The foregoing restrictions shall not apply- to the following: 1) Applications for additions or alterations of existing structures including applications for variances and/or approvals for modifications for existing structures. 2) Certificates of Occupancy for any and all construction made pursuant to Building Permits issued prior to the effective date of this local law. 3) Building Permits and Certificates of Occupancy for structures on lots within subdivision plats which have received final approval as defined by the laws and ordinances of the Town of Mamaroneck and which have also been filed in the Office of the County Clerk of Westchester County or are otherwise legal building Lots because such lots predate the requirement of subdivision and do not require any approvals from the Planning Board or Zoning Board of Appeals as of the effective date of this local 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 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 the period of one year from the date of its effective date. 7. Penalties Any person, firm or corporation that shall construct, erect, enlarge or alter any building or structures 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. i i -3- 8. Validity The invalidity of any provision of this local law shall not effect the validity of any other portion of this local law which can he 'liven effect without such invalid provision. 9. Superseding other laws A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are modified and superseded by this local law with respect to their application to the properties designated under this local law for the term of this local law. B. This local law shall modify and supersede, with respect to the properties covered by this local law and for the term of this local law, the following provisions of the Town Law of the State of New York: Section 267 Subdivisions 2, 3, 4 and 5; §274-a Subdivisions 1 and 2; §276 Subdivisions 3, 4, 5, 6 and 7. 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 matte an application for a variance, special permit, site plan 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 thirty 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 thirty 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 Law and Rules within thirty days of the filing of said decision in the Office of the Town Clerk. 18, Effective Date This local law shall take effect immediately. i