HomeMy WebLinkAbout2024_7_2_Local_Law_No_3 Local Law No. 3- 2024
This local law shall be known as the "Supersession of Portions of Section 274-a(8) of the
New York Town Law in the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 —Purpose.
The Town Board concludes that increasing the period within which the Planning Board
must act upon a site plan application from sixty-two days to ninety days will avoid the
failure of the Planning Board to act upon a site plan application due to summer schedules
or the lack of a quorum. Expending the time line by less than thirty days will not lead to
an inordinate delay in processing site plan applications.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
and Supersession of New York Town Law section 274-a(8)
Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to add the
following new paragraph (D) thereto:
D.Portions of section 274-a(8)of the New York Town Law hereby are superseded. Words
enclosed in brackets are eliminated therefrom. Italicized words are new matter added
thereto. Section 274-a (8) of the New York Town Law, as superseded below, shall apply
in the Town of Mamaroneck.
"§ 274-a. Site plan review.
8. Public hearing and decision on site plans. In the event a public hearing is required by
ordinance or local law adopted by the town board, the authorized board shall conduct a
public hearing within [sixty-two] ninety days from the day an application is received on
any matter referred to it under this section.The authorized board shall mail notice of said
hearing to the applicant at least ten days before said hearing and shall give public notice
of said hearing in a newspaper of general circulation in the town at least five days prior
to the date thereof and shall make a decision on the application within [sixty-two] ninety
days after such hearing, or after the day the application is received if no hearing has been
held. The time within which the authorized board must render its decision may be
extended by mutual consent of the applicant and such board. The decision of the
authorized board shall be filed in the office of the town clerk within five business days
after such decision is rendered,and a copy thereof mailed to the applicant.Nothing herein
shall preclude the holding of a public hearing on any matter on which a public hearing is
not so required."
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Section 3 —Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court
of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not
affect any other provisions of this Local Law, which may be implemented without the
invalid or unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State
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