No excavation may take place unless all permits
required by law are obtained.
[Added 2-11-2007 by L.L. No. 2-2004;
amended 9-5-2007 by L.L. No. 10-2007; 9-7-2016 by L.L. No. 10-2016; 12-2-2020 by L.L. No. 10-2020]
A.
MECHANICAL MEANS
MONITOR
ORIGINAL INFRASTRUCTURE
PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK ON A SUBJECT PROPERTY
PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT PROPERTY
PERMITTED NUMBER OF DAYS
(1)
(2)
(3)
P&R PERMIT
PULVERIZING ROCK
REMOVAL
RESTRICTED AREA
RESTRICTED PERIOD
ROCK
SUBJECT PROPERTY
As used in this section, the following terms shall have the meanings
indicated:
The use of any tools that are not operated solely by human
muscular power. Explosives and the tools used in connection with blasting
shall not be considered mechanical means.
A person, unaffiliated with either the owner of the subject property or the person pulverizing rock and/or removing it from the subject property, with experience in residential construction, especially the pulverizing and removal of rock, and acceptable to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, who will be present at a subject property whenever rock is pulverized or removed therefrom. The monitor's responsibility is to assure compliance with the P&R Permit and § 106-58.1 of the Code. The person to whom the P&R Permit is issued shall be responsible for paying the monitor's fee.
Streets and curbs, and the lines, pipes, culverts and conduits
used for transporting potable water, stormwater, sewage and utilities,
such as gas, telephone, electricity, cable television and internet
service, that are built on land subdivided after February 1, 2004,
if the subdivision plat creating the lots in that subdivision also
created one or more new private or public streets or created extensions
to any existing private or public street.
The seven hours between 9:00 a.m. (prevailing time) and 4:00
p.m. (prevailing time) on days other than Saturdays, Sundays and the
public holidays listed in § 24 of the New York General Construction
Law.
The eight hours between 9:00 a.m. (prevailing time) and 5:00
p.m. (prevailing time) on days other than Saturdays, Sundays and the
public holidays listed in § 24 of the New York General Construction
Law.
For creating trenches for utility lines on a subject property
having an area less than 6,000 square feet: 10 days.
For a subject property having an area greater than 6,000 square
feet but less than 7,500 square feet: 10 days.
For a subject property having an area greater than 7,500 square
feet: 15 days.
A permit issued for pulverizing rock on, and/or removing
pulverized rock from, a subject property.
The drilling and/or the reduction in size of rock by mechanical
means in any residence district or in the Recreation District of the
Town.
The carting away of rock that has been pulverized from a
subject property.
The area encompassed by the 600 linear feet from each of
the lot lines and corners of a property for which a P&R Permit
is issued.
The 60 calendar days from the last day on which pulverizing
rock was permitted on a property lying within the restricted area.
Naturally occurring stone. "Rock" does not include impervious
concretions created by humans, such as macadam, concrete and bricks,
or stone installed by humans, such as slate used to create a walkway.
A lot for which a P&R Permit is required or land where
the construction of original infrastructure is to occur if such land
lies outside a lot.
B.
A P&R Permit is required for pulverizing and/or removing any
quantity of rock from a subject property.
C.
Except for pulverizing and/or removing rock for the purpose of creating
trenches for utility lines, no P&R Permit shall be issued with
respect to a subject property having an area less than 6,000 square
feet.
D.
No P&R Permit shall be issued until the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration
approves the dust mitigation plan submitted by the applicant. Such
plan must incorporate the best dust control practices, including but
not limited to a water spray system (air suppression or surface wetting)
or other practices that are considered best dust practices at the
time the application for a P&R Permit is made. The dust mitigation
plan also must present the measures the applicant intends to use to
control water runoff as a result of water spraying. In the sole discretion
of the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration, air quality sampling may be required
during the course of rock removal.
E.
Reducing the size of rock after it has been pulverized while such
rock remains on the subject property is not permitted at any time.
F.
There shall be no more than two machines on the subject property
having drills or hammers operating at the same time.
G.
No more than one P&R Permit shall be issued for a subject property
within any twelve-month period.
H.
During the restricted period, no P&R Permit shall be issued for
a property that lies within the restricted area.
I.
Before work pursuant to a P&R Permit can begin, the applicant
shall have a survey done of the condition of all improvements existing
on each lot (including lots lying outside the unincorporated area
of the Town of Mamaroneck) that either shares all or a section of
a lot line with the subject property or touches the subject property
at a corner. Such survey must be done by an entity regularly engaged
in conducting tests or furnishing inspection services that is approved
by the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration. If the occupant of a lot to be surveyed
refuses to allow a survey to be done, the applicant shall submit an
affidavit stating that he/she had attempted to gain access but was
denied. Submission of such an affidavit will obviate the requirement
for a survey of that lot. Prior to the issuance of the P&R Permit,
a copy of the survey shall be given, free of charge, to the occupant
of the applicable surveyed lot and to the Building Department. Notwithstanding
the foregoing, a survey shall not be required if all of the rock removal
will be done using mechanical means that are designed to be handheld
while operating.
[Amended 5-19-2021 by L.L. No. 8-2021]
J.
Notice to neighbors; affidavit of mailing.
(1)
No later than 10 days before work pursuant to a P&R Permit
commences, the following notice shall be mailed to the owners of each
lot that has a lot line lying within 150 feet of any lot line of the
subject property:
(a)
For work that is not the construction of original infrastructure:
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"Dear Neighbor,
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Rock from the property known as [INSERT THE STREET ADDRESS OR
THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS]
will be pulverized by mechanical means, such as drills, jackhammers
and other types of gas, diesel or electric powered equipment and removed
from this property by dump trucks or similar vehicles. Work is scheduled
to begin on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT
TO A P&R PERMIT]. The last day on which rock can be pulverized
by mechanical means or removed from this site is [INSERT THE LAST
DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR].
Upon a showing of undue hardship by the permit holder, rock may be
pulverized or removed from the site, or both, for up to five additional
days. The person performing the work is responsible for having an
independent monitor on site to assure compliance with the law.
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If your property abuts the subject property, you should have
been contacted by now about having a survey done of the physical condition
of the structures on your property. The purpose of the survey is to
establish the physical condition of the structures on your property
before work begins so that you may be able to determine whether and
to what extent, the work may damage your property. If you were not
contacted about having a survey done, please contact the Town Building
Department at 914-381-7830 immediately.
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The law does not allow rock to be drilled or pulverized by mechanical
means on Saturdays, Sundays or public holidays, or before 9:00 a.m.
(prevailing time) and after 4:00 p.m. (prevailing time) on those days
when such work is permitted.
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The law also does not allow the rock that has been pulverized
to be removed from the site on Saturdays, Sundays or public holidays
or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing
time) on those days when removal of pulverized rock is permitted.
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For further information, please contact [INSERT THE NAME OF
THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT] at the following
telephone number: [INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE
NAME APPEARS ABOVE].
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Very truly yours,
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[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
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[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
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(b)
For the construction of original infrastructure:
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"Dear Neighbor,
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Rock from the property known as [INSERT THE STREET ADDRESS OR
THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS]
will be pulverized by mechanical means, such as drills, jackhammers
and other types of gas, diesel or electric powered equipment and removed
from this property by dump trucks or similar vehicles. Work is scheduled
to begin on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT
TO THE P&R PERMIT]. The last day on which rock can be pulverized
by mechanical means or removed from this site is [INSERT THE LAST
DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR].
The person performing the work is responsible for having an independent
monitor on site to assure compliance with the law.
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If your property abuts the subject property, you should have
been contacted by now about having a survey done of the physical condition
of the structures on your property. The purpose of the survey is to
establish the physical condition of the structures on your property
before rock removal begins so that you may be able to determine whether
and to what extent, the work may damage your property. If you were
not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
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The law does not allow rock to be drilled or pulverized by mechanical
means on Saturdays, Sundays or public holidays, or before 9:00 a.m.
(prevailing time) and after 4:00 p.m. (prevailing time) on those days
when such work is permitted.
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The law also does not allow the rock that has been pulverized
to be removed from the site on Saturdays, Sundays or public holidays,
or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing
time) on those days when removal of pulverized rock is permitted.
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For further information, please contact [INSERT THE NAME OF
THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT] at the following
telephone number: [INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE
NAME APPEARS ABOVE].
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Very truly yours,
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[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
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[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
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(2)
A certificate of mailing issued by the United States Postal
Service showing that the mailing was done in time to comply with this
section must be filed with the Building Department before a P&R
Permit can be issued for the subject property.
K.
While on the subject property, particulate matter must be sufficiently
soaked or stored to prevent the particulate matter from becoming airborne.
The Building Inspector or the Director of Building Code Enforcement
and Land Use Administration may require secured tarps or coverings
made of plastic or other material to further reduce dust emissions.
L.
Motor vehicles used to transport particulate matter must be covered.
M.
Other than for the construction of original infrastructure, pulverizing and removing rock from a subject property shall be allowed only during permitted hours and only for the permitted number of days, starting on the date specified for the commencement of such work contained in the notice to neighbors described in § 106-58.1J(1)(a). Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. Upon a showing of undue hardship, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may allow rock to be pulverized and removed from a subject property for up to five additional days. If the number of additional days includes a day or days on which such work is prohibited by this section, the extension period will bypass such days and resume on the first day thereafter when pulverizing and removing rock is permitted by this section.
N.
For the construction of original infrastructure, pulverizing and removing rock from a subject property shall be allowed only during permitted hours and only for the first 180 days starting on the date specified for the commencement of such work contained in the notice to neighbors described in § 106-58.1J(1)(b). Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. Under no circumstances may work pursuant to a P&R Permit in connection with the construction of original infrastructure extend beyond the 180th day specified for the commencement of such work in the notice to neighbors described in § 106-58.1J(1)(b).
O.
Any person who violates this section shall be guilty of a violation which shall be punishable by a fine of not more than $1,000 and also shall be liable for the civil penalty imposed by § 106-55C of the Code. Each use of mechanical means to pulverize rock or each time rock is removed from a subject property on a day or at an hour when such activity is prohibited by this section shall constitute a separate offense.
P.
If there is a violation of this section by someone other than the owner of the subject property, the owner of the subject property also shall be guilty of a violation which shall be punishable by a fine of not more than $1,000 and also shall be liable for the civil penalty imposed by § 106-55C of the Code.
Q.
This section shall not apply to public utility companies, the United
States of America, the State of New York, the County of Westchester,
the Town of Mamaroneck, the Mamaroneck Union Free School District,
or the Villages of Larchmont or Mamaroneck or any independent contractors
engaged by any of the entities listed in this subsection.
[Added 9-17-2021 by L.L. No. 13-2021]
A.
Upon
proof satisfactory to the Building Inspector that an applicant is
procuring a permit to perform rehabilitative work due to damage caused
by Tropical Storm Ida, the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration may issue such permit
without collecting the fee that otherwise would be payable.
B.
This
section shall apply only with respect to permits for which a complete
application is filed prior to January 1, 2022.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
If the person who causes an excavation to be made or an existing structure to be demolished has reason to believe that an adjoining structure is unsafe, that person shall forthwith report to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative shall inspect such premises, and, if the structure is found unsafe, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative shall order it repaired as provided in Chapter 71, Buildings, Unsafe.
[Amended 7-17-1996 by L.L. No. 14-1996]
Excavations made for the purpose of removing
soil, earth, sand, gravel, rock or other materials shall be performed
in such a manner as will prevent injury to neighboring properties
or to the streets which adjoin the lot where such materials are excavated
and to safeguard the general public health and welfare. Regrading
of unimproved lots or removal of soil, earth, sand, gravel, rock or
other materials is prohibited unless part of a project for which the
required permits, licenses or approvals have been issued.
