Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
A. 
No building or structure in any district shall be moved, erected, placed on a lot or structurally or externally altered without a building permit duly issued upon proper application to the Director of Building, Code Enforcement and Land Use Administration in compliance with Chapter 126, Article I, Building Department and Permits, as it may be amended, and other applicable laws and regulations.
B. 
No building permit shall be issued for a building to be used for any use subject to additional standards and requirements, unless such use has been approved by the Board of Appeals as meeting the standards of Article X. Every building permit for which such a use has been authorized or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such approved use or variance and of any conditions to which the same is subject. In any instance where site development plan approval by the Planning Board is required, a building permit shall be issued only for a building conforming to the approved site development plan.
C. 
Building permit moratorium. Whenever the Board of Trustees authorizes a public hearing on a proposed amendment to this chapter or Map, for a period of 60 days following the date of such resolution no building permit shall be issued for the erection, enlargement or alteration of any building or structure, nor shall any use of land be established or extended in any manner that would be contrary to the provisions of the proposed amendment, if adopted.
[Added 4-9-2018 by L.L. No. 4-2018, effective 4-16-2018]
A. 
The Board of Trustees finds and determines that the Mamaroneck Union Free School District has added 650 students since 2010, that projections show an unexpected influx of students at all grades, which will result in two elementary schools being short classrooms in the next one to two years, and that, as a result, the Board of Education is considering adding temporary classrooms and redistricting schools. The Board of Trustees further finds and determines that there is a legitimate concern that the present zoning permitting multifamily dwellings and subdivisions will create excessive traffic and congestion in the Village, will overtax the Village's infrastructure, will exacerbate overcrowding in the schools and will, potentially, change the character of the Village. The purpose of this section is to avoid exacerbating these problems and provide reasonable time for the study and evaluation of these issues by temporarily halting the approval of developments that are most likely to contribute to the overcrowding of the schools and the traffic and congestion in the Village while the Board of Trustees determines through its current Comprehensive Plan update process and other planning studies whether it is in the best interest of the residents of the Village to modify the Zoning Code as it pertains to future residential development.
B. 
No application for approval of a special permit or site development plan for the construction of a multifamily dwelling or a subdivision creating two or more new residential lots may be accepted, and no application for any such approval that was not submitted on or before March 12, 2018, may be considered or granted during the moratorium period.
C. 
No building permit for the construction of a multifamily dwelling may be granted during the moratorium period unless the applicant received site development plan approval for the development that is the subject of the building permit on or before March 12, 2018, or the application for site development plan approval was duly considered, consistent with this section, and approved after March 12, 2018.
D. 
No building permit for the construction of a residence on a subdivision consisting of three or more lots may be granted during the moratorium period unless the applicant received subdivision approval on or before March 12, 2018, or the application for subdivision approval was duly considered, consistent with this section, and approved after March 12, 2018.
E. 
The moratorium period will commence on the date on which this section becomes effective and will expire six months later, unless the Board of Trustees, by subsequent local law, sooner terminates or extends the moratorium period.
[Added 9-25-2018 by L.L. No. 14-2018, effective 10-16-2018]
A. 
The Board of Trustees finds and determines that § 342-84.1 of the Code of the Village of Mamaroneck became effective on April 16, 2018, that since enacting the moratorium the Board of Trustees has moved expeditiously to complete the studies necessary to effectuate the purposes of the moratorium, that in the furtherance of that effort the Village has retained a planning consultant firm to analyze the concerns that are the basis for the moratorium and that the consulting firm is reviewing existing zoning, creating three models for forecasting school enrollment by housing type, estimating the fiscal impacts of current land uses to the Village and the school districts and calculating the maximum development potential by parcel, applying fiscal impacts based on anticipated changes in use type by property, that unless extended the moratorium will expire on October 16, 2018, and that it will likely take an additional five months to complete those studies and consider and adopt the legislation necessary to effectuate their recommendations.
B. 
The moratorium period as provided in § 342-84.1 of the Code of the Village of Mamaroneck is extended until March 16, 2019.
[Added 2-25-2019 by L.L. No. 1-2019, effective 3-8-2019]
A. 
The Board of Trustees finds and determines that § 342-84.1 of the Code of the Village of Mamaroneck became effective on April 16, 2018, and was extended by Village Code § 342-84.2, that since enacting the moratorium the Board of Trustees has retained a planning consultant firm to analyze the concerns that are the basis for the moratorium, that the consulting firm has reviewed existing zoning, created three models for forecasting school enrollment by housing type, estimated the fiscal impacts of current land uses to the Village and the school districts, calculated the maximum development potential by parcel, applied a fiscal impacts analysis based on the anticipated changes in use type by property and proposed potential zoning changes for the Board of Trustees to consider, that unless extended the moratorium will expire on March 16, 2019, and that it will likely take an additional four months to consider and adopt the legislation necessary to effectuate the planning recommendations.
B. 
The moratorium period as provided in § 342-84.2 of the Code of the Village of Mamaroneck is extended until July 31, 2019.
A. 
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Director of Building, Code Enforcement and Land Use Administration, pursuant to Chapter 126, Article I, Building Department and Permits, as it may be amended, and the practices and procedures of the Building Department:
(1) 
Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.
(2) 
Occupancy, use or any change in the use of any land.
B. 
No certificate of occupancy shall be issued for any use of a building or of land subject to additional standards and requirements, unless such use has been approved by the Board of Appeals. Every certificate of occupancy for such use or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such approved use or variance and of any conditions to which it is subject.
C. 
No certificate of occupancy shall be issued until all improvements shown on the approved site plan have been completed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Code Enforcement Officer or, upon such Officer's request, by resolution of the Planning Board.
[Added 7-14-1997 by L.L. No. 6-1997, effective 7-24-1997]
It shall be the duty of the Director of Building, Code Enforcement and Land Use Administration to enforce, literally, the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. He shall maintain a current record of all variances and special permits granted by the Board of Appeals, all site development approvals made by the Planning Board and all approvals granted by the Board of Architectural Review and shall enforce the observance and performance of all the terms and conditions of such grants and approvals.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 2-8-1988 by L.L. No. 4-1988, effective 2-19-1988]
A. 
Any owner, lessee, contractor, agent or other person who uses or maintains or causes to be used or maintained any building or premises or any part thereof permitted therefor in this chapter or who erects, enlarges, alters, moves or maintains or causes to be erected, enlarged, altered, moved or maintained any building or any part thereof in the Village, except in conformity with the provisions of this chapter, or who uses or maintains or causes to be used or maintained any building or any part thereof in the Village which has been erected, enlarged or altered other than in conformity with the provisions of this chapter or of any conditions or requirements imposed under it or who uses or maintains or causes to be used or maintained any building or any part thereof in the Village in violation of or without complying with a condition imposed by the Board of Appeals, Planning Board or other responsible official or who otherwise violates or causes to be violated any provision of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each such violation. Each and every day that premises are used or maintained or caused to be used and maintained in violation of this chapter shall constitute a separate offense.
B. 
Any owner who clears vegetation or performs earthwork in violation of § 342-75C of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 for each square yard of property cleared of vegetation or upon which earthwork has been performed or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each such violation.