[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 4-12-2000
by L.L. No. 4-2000. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted by Article
9, § 2 of the New York State Constitution and the statutes that
implement the powers of local governments provided for therein, including,
but not limited to, § 10 of the Municipal Home Rule Law and §§ 64
and 130 of the Town Law.
Major development projects in areas that abut, adjoin or are adjacent
to the Town of Mamaroneck can result in substantial impacts to the streets
and areas that surround them within the Town of Mamaroneck, including, but
not limited to, impacts upon natural resources, noise, traffic, cultural or
aesthetic resources, existing patterns of population concentration and community
or neighborhood character. The purpose of this chapter is to address those
impacts and thereby provide for the proper care, management and use of the
streets and highways of the Town of Mamaroneck, and the protection, safety,
health and well-being of persons and property therein. This chapter is intended
to supersede any provision of the Town Law that is inconsistent herewith.
No project that involves the construction of 250 or more residential
units, or the physical alteration of 10 acres or more, or the construction
of a facility with more than 100,000 square feet of gross floor area, or involves
parking for more than 1,000 vehicles and abuts, adjoins or is adjacent to
a Town street within or upon the border of the Town of Mamaroneck shall be
undertaken except upon the issuance of a permit by the Town Board.
A.
Application for the permit required by this chapter shall
be made to the Town Administrator on such forms as the Town Administrator
shall establish and shall include:
(1)
A detailed development plan showing the proposed use,
location, height and design of all existing and proposed buildings and structures
on the site, prepared by a licensed architect or professional engineer under
his or her professional seal, provided on a certified survey of the site,
which shall be prepared by a licensed surveyor; and
(2)
A map showing the applicant's property and all other
properties, including all improvements thereon and streets, within a radius
of 500 feet from the perimeter of the site, at a scale of not more than 50
feet to the inch.
B.
In reviewing the application, the Town Board may require
that the applicant provide such additional information and/or studies as the
Town Board determines are relevant to the issues before it.
C.
A permit pursuant to this chapter shall be valid for
a period of 24 months from the date it is granted.
D.
Every application for a permit pursuant to this chapter
shall be accompanied by a fee as set forth by resolution of the Town Board
from time to time to help defray the costs of processing the application.
Additionally, should the approving agency deem it necessary to hire consultants
for technical review, the applicant shall be required to bear the expense
thereof, not to exceed the total cost to the Town.
In reviewing an application for a permit under this chapter, the Town
Board shall consider the potential impacts of the project on the streets and
the areas around the project, including, but not limited to, impacts upon
natural resources, noise, traffic, cultural or aesthetic resources, existing
patterns of population concentration and community or neighborhood
character, and shall review the means available to mitigate such impacts,
including those regulatory measures that are within the authority of the Town
to undertake. The Town Board shall grant a permit upon finding that the impacts
associated with the project can be mitigated and that all such mitigation
measures have been incorporated into the plan for the project.
The requirements of this chapter shall not apply to any project for which site plan approval has been granted pursuant to Chapter 177 of the Code of the Town of Mamaroneck.
The requirements of this chapter may be enforced by legal, or equitable
proceedings and by such other means as the Town Board shall determine.
