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