Montgomery moratorium

By Connor Linskey
Posted 6/17/20

On June 2, the Montgomery Village Board voted unanimously to adopt Local Law No. 2 of 2020 establishing a six-month moratorium on the submission and processing of applications for land use approvals …

This item is available in full to subscribers.

Please log in to continue

Log in

Montgomery moratorium

Posted

On June 2, the Montgomery Village Board voted unanimously to adopt Local Law No. 2 of 2020 establishing a six-month moratorium on the submission and processing of applications for land use approvals within the Village of Montgomery.

The purpose of this local law is to enable the village to prevent the submission and processing of any applications for land use approvals within the village for a reasonable time following the village board’s completion and adoption of an update to their comprehensive plan.

“We are hoping that within the six months this board can get recommendations for zoning changes and enact them quickly so we don’t have to extend the six-month moratorium,” said Village of Montgomery Attorney Kevin Dowd.

The village board found many concerns that must be considered with respect to the comprehensive plan and present land use regulations of the village and the possible adoption of regulations. The village must complete its 2017 comprehensive plan update and in order to ensure that new development is conducted in conformity with its provisions, it is necessary to briefly halt proposed new development until the land use provisions of the updated comprehensive plan can be implemented through new legislation. Another concern is that the regional and national economic environment have changed since the adoption of the plan as last updated, as have the village’s residential and commercial markets.

In addition, the board is concerned that since the adoption of the comprehensive plan as last amended, development in Orange County has increased substantially and it appears that additional large development projects are being proposed in the region, which collectively creates a risk of increased traffic, unanticipated school district impacts and incompatible land uses. Given the volatile economic climate in the region since the adoption of the plan as last amended, the village’s current infrastructure and utility capacity may not be adequate to accommodate approved and future land uses.

The issue of commercial development in the village and the surrounding town has come under scrutiny and requires re-evaluation of the uses permitted and encouraged in the village’s various zoning districts. The natural resources of the village may not be adequately protected by the comprehensive plan or current land use regulations. Scenic and aesthetic attributes of the village as they relate to the use of land in the village for residential, recreational and tourism purposes and the potential negative impact by certain uses currently permitted under the comprehensive plan and the village’s code should be considered.

“The village board desires to protect the aesthetic and scenic resources as well as real estate values within the village,” the law states. “An up-to-date comprehensive plan is essential to protecting the long-term health, safety and welfare of the village residents.”

The board believes that the submission and processing of applications for land use approvals within the village without first addressing these factors may have a permanent, significant and substantial negative impact on the nature and quality of life in the village and on the health, safety and general welfare of its residents. To preserve the resources and character of the village, to consider further the concerns of the residents and property owners, the village finds that it requires time to study the impacts, effects and regulation of development within the village.

“The village board hereby finds that a moratorium of six months duration, coupled with a hardship waiver procedure and mechanism for persons seeking land use approvals within the village, will achieve the balancing of interests between the public need to safeguard the resources and character of the village, the health, safety and general welfare of its residents and the rights of individual property owners, persons or businesses engaging in various development activities during such period,” the law states.

The local law does not apply to applications before the Village of Montgomery Planning Board which have been issued a final or conditional final land use approval before the effective date of this local law.

The village board may authorize exceptions to the moratorium imposed by the local law when it finds, based upon evidence presented to it, that deferral of action on an application for a land use approval would impose an extraordinary hardship on a landowner or applicant.

An application for an exception based upon extraordinary hardship shall be filed with the village clerk, including a fee of $500 for each tax map parcel claimed to be subject for extraordinary hardship by the landowner or the applicant, upon consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of extraordinary hardship and shall contain such other information and/or documentation as the village board or its designee, shall prescribe as necessary for the village board to be fully informed with respect to the application. A public hearing on any application for an exception to this local law based upon extraordinary hardship shall be held by the village board at one of their meetings no later than 45 days after the complete application for extraordinary hardship has been filed with the village clerk. The Village Board shall determine, by motion duly adopted, when an application based on extraordinary hardship is complete.

In reviewing an application for an exception upon a claim of extraordinary hardship, the village board shall consider a three-fold criteria. They will acknowledge the extent to which the proposed development activity would cause significant environmental degradation, adversely impact adjacent natural resource areas, public health, comfort, or safety concerns and/or have a negative impact on the village. The board would also consider whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. The extent to which actions of the applicant were undertaken in good faith that the proposed development would not lead to significant environmental degradation, undue adverse impacts on public health or safety and/or have a negative impact upon the village would also be taken into consideration.

Mere delay or concern that regulations may be adopted or that a plan may be amended is insufficient to constitute an extraordinary hardship. At the conclusion of the public hearing and after reviewing the evidence and testimony placed before it, the village board shall, in its sole discretion, act upon the application for an exception based upon extraordinary hardship. The village board may approve, deny or approve in part and deny in part, the application being acted upon.

A violation of this local law is declared to be an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days or both such fine and imprisonment, together with any other civil remedies available at law.