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HomeMy WebLinkAbout1985_5_1_Local_Law_No_6 PROPOSED INTERSM DEVELOPMENT LAW TOWN OF MAMARONECK, NEW YORK f Local Lacy No. �j , 1985 LOCAL LAW REGULATING FOR AN INTERIM PERIOD THE APPROVALS OF SUBDIVISION PLATS AND THE APPROVAL OF SITE PLANS IN THE TOWN OF MAMARONECK, NEW YORK, PURSUANT TO COMPLETION AND REVIEW OF RECOMMENDATIONS BY A JOINT PLANNING COMMITTEE WITH THE VILLAGE OF LARCHMONT, NEW YORK, - AND RECOMMENDATIONS OF THE COASTAL ZONE MANAGEMENT COMMITTEE AND AMENDMENTS TO THE. ZONING AND OTHER LAND USE ORDINANCES CONTINGENT THEREON, BY THE TOWN BOARD OF THE TOWN OF MAMARONECK. BE IT ENACTED BY THE REGULAR WRITING BY THE TOWN_BOARD _OF �W THE TOWN OF. MAMARONECK, STATE OF NEW YORK, AS FOLLOWS: 1. This local law shall be known as and may be cited as the Interim Development Law of the Town of Mamaroneck. 2. Legislative intent and findings of fact. A. Background The Town of Mamaroneck, Westchester County, New York is concerned about land use and development trends within the un- incorporated area of the Town. There are presently in progress two separate studies of land use within the unincorporated area of the Town -- a Joint Planning Committee with the Vil- lage of Larchmont and the Coastal Zone Management Committee. The Town and these committees will present findings and recom- mendations to the public through informational meetings and. formal public hearings. This procedure will lead to the adop- tion of cettain amendments to the Master Plan of the Town of Mamaroneck and the preparation and adoption of necessary amendments to the Zoning Ordinance and other land-use ordi- nances of the Town to implement such changes in the Master { 'J Plan. pletion of the studies of the said Joint Planning Committee and the said Coastal Zone Management Committee and other ( actions incident to proper consideration and decisions upon the Master Plan and necessary revisions and amendments of the Town Zoning Ordinance and other land-use ordinances of the Town, that appropriate and salutary measures must be taken for a reasonable interim period to protect the public in- terest by preserving the integrity of any changes in the Master Plan, Zoning Ordinances, or other ordinances. The Town Board also finds that any significant development in the areas where the said Committees may recommend changes in the Master plan or existing Zoning' Ordinance or other ordi- nances may destroy the integrity of the proposals and their basic purposes, comprehensive aspects, and intentions. C. Legislative intent Pursuant to authority duly vested in it, the Town Board l intends to protect said Master Plan until after completion of studies or possible changes and to preserve its intended objective and insure implementation by hereby adopting rea- sonable, protective, interim regulations during the prepara- tion and consideration of the aforesaid Joint Planning Com-' mittee and Coastal Zone Management Committee reports and pros- pective changes in the Zoning Ordinance and other land-use ordinances. It is the further intention to protect the pub- tic interest and welfare and prevent premature land develop- ment which could prejudice the integrity and objectives of the proposed changes or result in the establishment of land-use patterns which might be inconsistent with and in violation of the intent of the findings of said committees. 3 . Scope of Controls A. During the effective period of this law and effective as provided herein: ( 1. Planning Board shall not grant any preliminary or or final approval to a subdivision plat, site plan, or any special permit, unless a completed applica- tion is currently pending before the Planning Board on the effective date of this local law. 2. The Zoning Board of Appeals shall not grant any variance for any uses, unless a completed applica- tion is currently pending before the zoning Board of Appeals on the effective date of this local law. 3 . If a completed application is pending before the Planning Board or the Zoning Board of Appeals prior- to the effective date of this local law, the appli- cant will not be affected by this local law with respect to any other necessary applications and ap- provals for the same project. B. The foregoing restrictions shall not apply to the fol- lowing: 1. Applications for additions or alterations of existing structures, including applications for variances and/or approvals for modifications of 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 ordi- nances of the Town of Mamaroneck and which have also been filed in the Office of the County Clerk of West- chester County or are otherwise legal building lots because such lots pre-date subdivision requirements and do not require any otjit_t approvals from the Planning Board or Zoning Board of Appeals. C. The Town. Board reserves the right to direct the Building Inspector to 4, revoke or rescind any building permits or Certificates of Occupancy issued in violation of this local law. 9 . No consideration of new applications during interim moratorium { No applications for construction affected by this local lair f shall be considered by a board or agency of the Town of Mama- roneck while this local law is in effect. Nothing in this local law shall preclude an applicant for such proposed con- struction from having a maximum of two informal conferences with an appropriate board or agency while this local law is in effect. 5. Penalties Any person, firm, entity, or corporation that shall con- struct, erect, enlarge, or alter any building or structure 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: 1. Penalties as otherwise provided by law or ordinances of the Town of Mamaroneck for such violations; and 2 . Injunctive relief in favor of the Town of Mamaroneck to cease operations which are in conflict with this local law. 6. Validity The invalidity of any provision of this local law shall not affect the validity of any other part of this local law which can be given effect. 7. Repeal of other laws All ordinances or parts of ordinances in conflict with the provisions of this local law are hereby repealed to the extent necessary to give this local law full force and effect during the effective period. 8. Effective date This local law shall take effect immediately and shall remain in force until March 1, 1986.