Senate Bill S294

2009-2010 Legislative Session

Authorizes cities, towns and villages to enact temporary land use planning and zoning moratoriums

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cities
Jan 07, 2009	referred to cities

2009-S294 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General City Law
Laws Affected:: Add §82, Gen City L; add §261-d, Town L; add §7-705, Vil L

2009-S294 (ACTIVE) - Summary

Authorizes cities, towns and villages to enact temporary land use planning and zoning moratoriums.

2009-S294 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S294

 TITLE OF BILL :
An act to amend the general city law, the town law and the village
law, in relation to establishing a temporary moratorium in matters of
planning and zoning


 PURPOSE :
To provide a comprehensive detailed statutory scheme for
municipalities to adopt local laws to enact a temporary moratorium to
prohibit the issuance of any or all of the following:  building
permits, site plan approvals, special use permits and subdivision
plats or other land use approvals.

 SUMMARY OF PROVISIONS :
This bill would amend the general city law, the town law and the
village law with identical provisions authorizing the adoption of a
local law for a temporary moratorium on land use approvals. The
specific purposes for a moratorium are set forth as follows: emergency
conditions affecting public health or safety, prevent a shortage of an
adverse impact on public facilities, prevent adverse impacts upon
natural resources or conduct land use planning studies or revise or
prepare a comprehensive plan. The local law establishing a moratorium
must include specific findings, set forth specific boundaries, state
the land use approvals impacted and delineate the duration. A

moratorium for planning purposes would grandfather the following: lots
which have received preliminary plat approval, or conditional final
approval of a special use permit, or conditional final approval of it
site plan, or conditional final approval of any other land use
approval subject to the moratorium.  The municipality is authorized to
permit other such exceptions pursuant to its local law. A moratorium
without a planning study is limited to 180 days, or with a study to
one year. An extension of a planning moratorium is limited to a six
month period.  A moratorium to respond to an emergency because of
public health and safety is one year, but may be extended annually
until the emergency dissipates. Provision is made for the local
legislative body to provide relief due to extraordinary hardship.

 EXISTING LAW :
None specifically in statute. There is case law.

 JUSTIFICATION :
There is currently no statutory authority for the enactment of a
moratorium on land development. Many municipalities throughout the
state are enacting moratorium through the use of the Municipal Home
Rule Law. This method is not only cumbersome but there are some
questions as to whether the state has occupied the field of land use
through the applicable municipal statutes which provide very specific
timelines for action on land use applications.  Enactment of this bill
would put to rest any questions surrounding the viability of
moratorium.  This bill sets forth specific parameters for enactment of
a moratorium. It also preserves the rights of land use applicants who
have made significant progress in the land use process to ensure that
such applicants are not prevented from moving forward because of a
moratorium. In addition, there are time limitations applied to
moratoriums without a planning study and with a planning study. The
municipality has an obligation to complete planning studies within
reasonable time limits. Such studies should not be used to forestall
development and legitimate land use approvals indefinitely.
Comprehensive planning is a necessary mechanism for every municipality
and a moratorium enables this process to be implemented. During a
moratorium, a process needs to exist for a party to make an
application for relief due to extraordinary hardship. There are
situations where a land use approval might be required to provide
relief from hardship which is not self created. This bill specifically
incorporates a hardship application procedure. Rather than leave the
issue of moratorium exclusively to the courts, this legislation sets
forth a comprehensive and well-balanced outline for a local law on
moratorium.

 LEGISLATIVE HISTORY :
2007/08:  S.1130 Passed Senate
2005/06:  S.722 Passed Senate; A.7994 Local Governments
2004:     S.6692 Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S294 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   294

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law, the town law and the village  law,
  in relation to establishing a temporary moratorium in matters of plan-
  ning and zoning

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  that many towns, villages and cities have enacted temporary mora-
toriums which prohibit landowners from making applications for otherwise
permitted construction or land development,  obtaining  review  of  such
applications  or  the issuance of some or all of the following: building
permits, site plan approvals, special use permits, subdivision plats  or
zoning  changes,  and  determinations  by  zoning  boards of appeal. The
legislature further finds that while the courts have  sustained  certain
of these actions, there has been no explicit statutory authorization for
these  municipal  moratoriums,  which  have been intended to benefit the
community at large while impacting the property  owners  whose  property
interests  are  directly  affected.  The  legislature  declares that the
absence of a statute authorizing and regulating the  enactment  of  such
moratoriums  has  created confusion as to their legality and uncertainty
as to the acceptable scope, duration, adoption,  appeal  procedures  and
applicability  of  such  moratoriums.  It is the legislature's intent to
adopt a comprehensive detailed statutory  scheme  to  authorize  munici-
palities  to  enact  local laws or ordinances that provide for municipal
enactment of moratoriums of limited duration on the issuance of some  or
all of the following: building permits, site plan approvals, special use
permits  and  subdivision plats, and to establish the purposes for which
such moratoriums may be enacted, and to  establish  appropriate  limita-
tions on their scope and duration.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00265-01-9

S. 294                              2

  S  2.  The  general  city law is amended by adding a new section 82 to
read as follows:
  S  82. TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE LEGISLATIVE BODY OF
ANY CITY IS HEREBY AUTHORIZED TO ENACT, BY LOCAL  LAW  OR  ORDINANCE,  A
TEMPORARY  MORATORIUM  PROHIBITING  THE  ISSUANCE  OF  ANY OR ALL OF THE
FOLLOWING: BUILDING PERMITS, SITE PLAN APPROVALS, SPECIAL  USE  PERMITS,
SUBDIVISION  PLAT  AND OTHER LAND USE APPROVALS RELATING TO THE DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC  RESOURCE
AREAS  OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE CITY OR
ANY COMBINATION THEREOF, BUT SHALL NOT APPLY TO THE APPLICATION  FOR  OR
REVIEW OF SUCH APPLICATIONS OR APPEALS TO THE ZONING BOARD OF APPEALS.
  2. PURPOSE. A MORATORIUM  MAY BE ENACTED PURSUANT TO THIS SECTION AS A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR
  (D)  CONDUCT  LAND USE PLANNING STUDIES, IN ORDER TO PREPARE OR REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO A MORATORIUM CAUSED BY THE NEED FOR TIME TO  ENACT  A  LOCAL  LAW  OR
ORDINANCE  TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF THE CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED  REMEDY  SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING  THAT  THE  GOVERNING  BODY  OF THE CITY WILL COMPLETE NECESSARY
PLANNING STUDIES BY CITY EMPLOYEES OR BY CONTRACT WITH OUTSIDE  CONSULT-
ANTS BEFORE THE EXPIRATION OF THE MORATORIUM SHALL ALSO BE ENACTED;
  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED  THE  GEOGRAPHIC  SCOPE OF THE AREA AFFECTED BY EITHER THE CONDI-
TIONS CREATING A PUBLIC HEALTH OR SAFETY EMERGENCY,  ADVERSELY  IMPACTED
PUBLIC  FACILITIES, AN APPLICABLE NATURAL RESOURCE BOUNDARY OR THE PLAN-
NING AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C) STATE WHETHER BUILDING PERMITS, SITE PLAN APPROVALS,  SPECIAL  USE
PERMITS,  SUBDIVISION  PLAT AND OTHER LAND USE APPROVALS RELATING TO THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.
  4. EFFECT. (A) NO BOARD OR AGENCY OF THE CITY SHALL GRANT APPROVAL FOR
AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NO MORATORIUM FOR PLANNING PURPOSES SHALL APPLY TO LOTS WHICH HAVE
RECEIVED PRELIMINARY PLAT APPROVAL OR TO CONDITIONAL FINAL APPROVAL OF A
SPECIAL USE PERMIT OR TO CONDITIONAL FINAL APPROVAL OF A  SITE  PLAN  OR
THE CONDITIONAL FINAL APPROVAL OF ANY OTHER LAND USE APPROVAL SUBJECT TO
THE  MORATORIUM,  HOWEVER  NOTHING  SHALL  PROHIBIT  A MUNICIPALITY FROM
PERMITTING OTHER SUCH EXCEPTIONS.
  (C) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT OF A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT  CONSTITUTE  THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING  OR  OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT SUBJECT TO
THE REFERRAL PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE-M  OF  THE
GENERAL  MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO LONGER THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD  REQUIRED  TO

S. 294                              3

COMPLETE  THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE IMPOSITION
OF SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT  TIME
FOR  DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY PLAN-
NING  STUDY  SHALL NOT EXCEED ONE HUNDRED EIGHTY DAYS OR FOR ONE YEAR IF
ENACTED TO COMPLETE A STUDY FOR NATURAL RESOURCE PROTECTION  OR  COMPRE-
HENSIVE  PLAN  OR  AMENDMENT  THEREOF. IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO  THIS
SECTION.  SUCH  EXTENSION  SHALL CONTAIN THOSE LEGISLATIVE FINDINGS THAT
REQUIRE SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF  AN
EMERGENCY  DECLARED  BECAUSE  OF  CONDITIONS  AFFECTING PUBLIC HEALTH OR
SAFETY SHALL BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL  THE  EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6.  EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE SHALL
PROVIDE FOR APPEALS FOR RELIEF DUE  TO  EXTRAORDINARY  HARDSHIP  TO  THE
LEGISLATIVE  BODY,  WHICH,  ACTING  IN AN ADMINISTRATIVE CAPACITY, SHALL
APPROVE, APPROVE WITH MODIFICATIONS OR DENY SUCH APPEAL WITHIN A  PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B)  THE  LEGISLATIVE  BODY  OF  ANY  CITY  MAY  PROVIDE THAT BUILDING
PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS AND  SUBDIVISION  PLAT
APPROVALS  RELATING  TO  THE  USE OR DEVELOPMENT OF REAL PROPERTY MAY BE
GRANTED BY THE APPROPRIATE CITY AGENCY OR ONLY BY SUCH LEGISLATIVE  BODY
PROVIDED  PUBLIC NOTICE IS GIVEN IN THE SAME MANNER AS WOULD BE REQUIRED
HAD SUCH MORATORIUM NOT BEEN  ENACTED  AND  FURTHER  PROVIDED  THAT  THE
APPROPRIATE  BOARD  OR SUCH LEGISLATIVE BODY SETS FORTH FINDINGS OF FACT
THAT SUCH ACTION IS NOT INCONSISTENT WITH THE GOALS  AND  OBJECTIVES  OF
THE MORATORIUM.
  S  3. The town law is amended by adding a new section 261-d to read as
follows:
  S 261-D. TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE LEGISLATIVE  BODY
OF  ANY TOWN IS HEREBY AUTHORIZED TO ENACT, BY LOCAL LAW OR ORDINANCE, A
TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE  OF  ANY  OR  ALL  OF  THE
FOLLOWING:  BUILDING  PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS,
SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING TO  THE  DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES  OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC RESOURCE
AREAS OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE TOWN  OR
ANY  COMBINATION  THEREOF, BUT SHALL NOT APPLY TO THE APPLICATION FOR OR
REVIEW OF SUCH APPLICATIONS OR APPEALS TO THE ZONING BOARD OF APPEALS.
  2. PURPOSE. A MORATORIUM MAY BE ENACTED PURSUANT TO THIS SECTION AS  A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR
  (D)  CONDUCT  LAND USE PLANNING STUDIES, IN ORDER TO PREPARE OR REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO A MORATORIUM CAUSED BY THE NEED FOR TIME TO  ENACT  A  LOCAL  LAW  OR
ORDINANCE  TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF THE CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED  REMEDY  SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING  THAT  THE  GOVERNING  BODY  OF THE TOWN WILL COMPLETE NECESSARY
PLANNING STUDIES BY TOWN EMPLOYEES OR BY CONTRACT WITH OUTSIDE  CONSULT-
ANTS BEFORE THE EXPIRATION OF THE MORATORIUM;

S. 294                              4

  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED  THE  GEOGRAPHIC  SCOPE OF THE AREA AFFECTED BY EITHER THE CONDI-
TIONS CREATING A PUBLIC HEALTH OR SAFETY EMERGENCY,  ADVERSELY  IMPACTED
PUBLIC  FACILITIES, AN APPLICABLE NATURAL RESOURCE BOUNDARY OR THE PLAN-
NING AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C)  STATE  WHETHER BUILDING PERMITS, SITE PLAN APPROVALS, SPECIAL USE
PERMITS, SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING  TO  THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.
  4. EFFECT. (A) NO BOARD OR AGENCY OF THE TOWN SHALL GRANT APPROVAL FOR
AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NO MORATORIUM FOR PLANNING PURPOSES SHALL APPLY TO LOTS WHICH HAVE
RECEIVED PRELIMINARY PLAT APPROVAL OR TO CONDITIONAL FINAL APPROVAL OF A
SPECIAL  USE  PERMIT  OR TO CONDITIONAL FINAL APPROVAL OF A SITE PLAN OR
THE CONDITIONAL FINAL APPROVAL OF ANY OTHER LAND USE APPROVAL SUBJECT TO
THE MORATORIUM, HOWEVER  NOTHING  SHALL  PROHIBIT  A  MUNICIPALITY  FROM
PERMITTING OTHER SUCH EXCEPTIONS.
  (C) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT  OF  A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING OR OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT  SUBJECT  TO
THE  REFERRAL  PROVISIONS  OF  SECTION  TWO HUNDRED THIRTY-NINE-M OF THE
GENERAL MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO  LONGER  THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD REQUIRED TO
COMPLETE THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE  IMPOSITION
OF  SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT TIME
FOR DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY  PLAN-
NING  STUDY  SHALL NOT EXCEED ONE HUNDRED EIGHTY DAYS OR FOR ONE YEAR IF
ENACTED TO COMPLETE A STUDY FOR NATURAL RESOURCE PROTECTION  OR  COMPRE-
HENSIVE  PLAN  OR  AMENDMENT  THEREOF. IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO  THIS
SECTION.  SUCH  EXTENSION  SHALL CONTAIN THOSE LEGISLATIVE FINDINGS THAT
REQUIRE SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF  AN
EMERGENCY  DECLARED  BECAUSE  OF  CONDITIONS  AFFECTING PUBLIC HEALTH OR
SAFETY SHALL BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL  THE  EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6.  EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE SHALL
PROVIDE FOR APPEALS FOR RELIEF DUE  TO  EXTRAORDINARY  HARDSHIP  TO  THE
LEGISLATIVE  BODY,  WHICH,  ACTING  IN AN ADMINISTRATIVE CAPACITY, SHALL
APPROVE, APPROVE WITH MODIFICATIONS OR DENY SUCH APPEAL WITHIN A  PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B)  THE  LEGISLATIVE  BODY  OF  ANY  TOWN  MAY  PROVIDE THAT BUILDING
PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS AND  SUBDIVISION  PLAT
APPROVALS  RELATING  TO  THE  USE OR DEVELOPMENT OF REAL PROPERTY MAY BE
GRANTED BY THE APPROPRIATE TOWN AGENCY OR ONLY BY SUCH LEGISLATIVE  BODY
PROVIDED  PUBLIC NOTICE IS GIVEN IN THE SAME MANNER AS WOULD BE REQUIRED
HAD SUCH MORATORIUM NOT BEEN  ENACTED  AND  FURTHER  PROVIDED  THAT  THE
APPROPRIATE  BOARD  OR SUCH LEGISLATIVE BODY SETS FORTH FINDINGS OF FACT
THAT SUCH ACTION IS NOT INCONSISTENT WITH THE GOALS  AND  OBJECTIVES  OF
THE MORATORIUM.
  S  4. The village law is amended by adding a new section 7-705 to read
as follows:

S. 294                              5

  S 7-705 TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE  LEGISLATIVE  BODY
OF ANY VILLAGE IS HEREBY AUTHORIZED TO ENACT, BY LOCAL LAW OR ORDINANCE,
A  TEMPORARY  MORATORIUM  PROHIBITING  THE ISSUANCE OF ANY OR ALL OF THE
FOLLOWING: BUILDING PERMITS, SITE  PLAN APPROVALS, SPECIAL USE  PERMITS,
SUBDIVISION  PLAT  AND OTHER LAND USE APPROVALS RELATING TO THE DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC  RESOURCE
AREAS  OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE VILLAGE
OR ANY COMBINATION THEREOF, BUT SHALL NOT APPLY TO THE  APPLICATION  FOR
OR  REVIEW  OF  SUCH  APPLICATIONS  OR  APPEALS  TO  THE ZONING BOARD OF
APPEALS.
  2. PURPOSE. A MORATORIUM MAY BE ENACTED PURSUANT TO THIS SECTION AS  A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR
  (D)  CONDUCT  LAND USE PLANNING STUDIES, IN ORDER TO PREPARE OR REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO A MORATORIUM CAUSED BY THE NEED FOR TIME TO  ENACT  A  LOCAL  LAW  OR
ORDINANCE  TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF THE CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED  REMEDY  SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING  THAT  THE GOVERNING BODY OF THE VILLAGE WILL COMPLETE NECESSARY
PLANNING STUDIES BY  VILLAGE  EMPLOYEES  OR  BY  CONTRACT  WITH  OUTSIDE
CONSULTANTS  BEFORE  THE  EXPIRATION  OF  THE  MORATORIUM  SHALL ALSO BE
ENACTED;
  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED THE GEOGRAPHIC SCOPE OF THE AREA AFFECTED BY  EITHER  THE  CONDI-
TIONS  CREATING  A PUBLIC HEALTH OR SAFETY EMERGENCY, ADVERSELY IMPACTED
PUBLIC FACILITIES, AN APPLICABLE NATURAL RESOURCE BOUNDARY OR THE  PLAN-
NING AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C)  STATE  WHETHER BUILDING PERMITS, SITE PLAN APPROVALS, SPECIAL USE
PERMITS, SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING  TO  THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.
  4.  EFFECT. (A) NO BOARD OR AGENCY OF THE VILLAGE SHALL GRANT APPROVAL
FOR AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NO MORATORIUM FOR PLANNING PURPOSES SHALL APPLY TO LOTS WHICH HAVE
RECEIVED PRELIMINARY PLAT APPROVAL OR TO CONDITIONAL FINAL APPROVAL OF A
SPECIAL USE PERMIT OR TO CONDITIONAL FINAL APPROVAL OF A  SITE  PLAN  OR
THE CONDITIONAL FINAL APPROVAL OF ANY OTHER LAND USE APPROVAL SUBJECT TO
THE  MORATORIUM,  HOWEVER  NOTHING  SHALL  PROHIBIT  A MUNICIPALITY FROM
PERMITTING OTHER SUCH EXCEPTIONS.
  (C) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT OF A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT  CONSTITUTE  THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING  OR  OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT SUBJECT TO
THE REFERRAL PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE-M  OF  THE
GENERAL  MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO LONGER THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD  REQUIRED  TO

S. 294                              6

COMPLETE  THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE IMPOSITION
OF SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT  TIME
FOR  DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY PLAN-
NING  STUDY  SHALL NOT EXCEED ONE HUNDRED EIGHTY DAYS OR FOR ONE YEAR IF
ENACTED TO COMPLETE A STUDY FOR NATURAL RESOURCE PROTECTION  OR  COMPRE-
HENSIVE  PLAN  OR  AMENDMENT  THEREOF. IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO  THIS
SECTION.  SUCH  EXTENSION  SHALL CONTAIN THOSE LEGISLATIVE FINDINGS THAT
REQUIRE SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF  AN
EMERGENCY  DECLARED  BECAUSE  OF  CONDITIONS  AFFECTING PUBLIC HEALTH OR
SAFETY SHALL BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL  THE  EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6.  EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE SHALL
PROVIDE FOR APPEALS FOR RELIEF DUE  TO  EXTRAORDINARY  HARDSHIP  TO  THE
LEGISLATIVE  BODY,  WHICH,  ACTING  IN AN ADMINISTRATIVE CAPACITY, SHALL
APPROVE, APPROVE WITH MODIFICATION OR DENY SUCH APPEAL WITHIN  A  PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B)  THE  LEGISLATIVE  BODY  OF  ANY VILLAGE MAY PROVIDE THAT BUILDING
PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS AND  SUBDIVISION  PLAT
APPROVALS  RELATING  TO  THE  USE OR DEVELOPMENT OF REAL PROPERTY MAY BE
GRANTED BY THE APPROPRIATE VILLAGE AGENCY OR ONLY  BY  SUCH  LEGISLATIVE
BODY  PROVIDED  PUBLIC  NOTICE  IS  GIVEN IN THE SAME MANNER AS WOULD BE
REQUIRED HAD SUCH MORATORIUM NOT BEEN ENACTED AND FURTHER PROVIDED  THAT
THE  APPROPRIATE  BOARD  OR SUCH LEGISLATIVE BODY SETS FORTH FINDINGS OF
FACT THAT SUCH ACTION IS NOT INCONSISTENT WITH THE GOALS AND  OBJECTIVES
OF THE MORATORIUM.
  S 5. This act shall take effect immediately.

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Senate Bill S294

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Archive: Last Bill Status - In Senate Committee Cities Committee

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2009-S294 (ACTIVE) - Details

2009-S294 (ACTIVE) - Summary

2009-S294 (ACTIVE) - Sponsor Memo

2009-S294 (ACTIVE) - Bill Text download pdf

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