[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023.
Amendments noted where applicable.]
The Board of Trustees encourages public participation in the
land use application review process in the Village of Mamaroneck.
Public participation requires meaningful and regular notice of the
approval process often through proceedings by multiple land use boards
over an extended period of time. Modern technology makes it possible
to provide that notice. The purpose of this chapter is to establish
a uniform, integrated and effective procedure for providing notice
to residents who may have an interest in land use applications and
of the public meetings at which those applications will be discussed.
For purposes of this chapter, the following terms shall have
the meanings set forth in this section:
A referral to the Board of Architectural Review under Chapter 6, Architectural Board of Review ; an application for permission to conduct a regulated activity in a wetland under Chapter 192, Freshwater Wetlands; an application for a permit to construct or reconstruct a marine structure under Article VI of Chapter 240, Management of Coastal Zone, Harbor and Vessels; a determination of consistency to be made by the Harbor and Coastal Zone Management Commission under Article VIII of Chapter 240, Management of Coastal Zone, Harbor and Vessels; an application for site plan approval under Article XI of Chapter 342, Zoning; an application for a special permit application under Article X of Chapter 342; a variance under Article XIII of Chapter 342; and approval of a subdivision plat under Chapters 58 and A348.
The Board of Architectural Review, the Harbor and Coastal
Zone Management Commission, the Planning Board and the Zoning Board
of Appeals.
The applicant with respect to every land use application must,
at least 10 days prior to the first date at which the application
will be discussed or considered at a meeting or hearing of any land
use review board, post a sign satisfying the requirements of Subsection
A of this section at the property that is the subject of the application
or applications and provide notice of the application satisfying the
requirements of Subsection B of his section by certified mail, to
the record owner of every property within 200 feet of any boundary
line of the site that is the subject of the application.
A.
The sign must:
(1)
Be erected not more than 10 feet from the front yard boundary of
the property that abuts a public road and be conspicuous to the public;
(2)
If the front yard of the property does not abut a public road, be
erected in a different location, approved by the Building Inspector,
that can readily be seen by the public;
(3)
Not be obscured by vegetation;
(4)
Be positioned no less than 2.5 feet and no more than three feet above
the ground;
(5)
Be at least 30 inches by 20 inches in size;
(6)
Consist of sturdy and serviceable material containing a white background
with black letters;
(7)
Read as follows, in legible lettering at least two inches high: "ON
THIS SITE A (describe action set forth in the application) IS PROPOSED.
THIS MATTER WILL FIRST BE DISCUSSED AT A MEETING OF THE (identify
each land use review board to which an application is being made)
ON (give date) AT (give time) AT (give location)"; and
(8)
Remain posted until the land use application has, or the land use
applications have, been approved, denied, withdrawn or become inactive,
and be removed within 10 days after that date.
B.
The mailed notice must:
(1)
State the name of the applicant;
(2)
Identify the location of the property with respect to which approval
has been requested;
(3)
Identify each specific approval that will be requested and the land
use review board or boards to which each application is being made;
(4)
State the nature of the construction or other land development activity
that would be conducted if the approvals are granted;
(5)
State, to the extent known, the date, time and place of the first
public meeting of each land use review board at which the application
will be considered;
(6)
Provide a website, if available, and a telephone number where additional
information with respect to the application or applications can be
obtained; and
(7)
Include a statement that all documents and maps that constitute the
application or applications are available for public inspection at
the office of the Planning Department of the Village of Mamaroneck.
At least five days prior to the first public meeting at which the application will be considered, the applicant must submit to the Building Department a sworn statement that the applicant has complied with § 372-3 by posting the required sign and making the required mailing. The statement must be accompanied by proof of mailing from the United States Postal Service. If the applicant does not make this submission in a timely fashion, the application will be removed from the calendar until due proof of the notice required by this chapter is submitted.
Failure to comply with any of the provisions of this chapter
may be a basis for denying an application.
