After several discussions on the subject over the past two months, the Village of Montgomery board approved a moratorium during its December 6 meeting, suspending land development and approval for the next six months. As previously mentioned, this law will give the board time to address the village’s water supply, including conducting hydrologic studies and creating a concise plan moving forward.

Trustee Mike Hembury questioned what the board should do after the moratorium terminates.

“We’re adopting a six-month moratorium, and I’m all for it. I’m forward to holding this stuff up,” Hembury said. “But what happens when six months come up and Orange County says ‘you can’t do it?’ What are we doing?”

Village Attorney William Frank asserted that the board could always extend the moratorium if it needs more time to assess the water supply.

“The board will have the option of extending the moratorium. And even if there’s no moratorium, if the county doesn’t give the okay for proceeding with the project because if there’s no water available, then there’s no permit from the county,” he said.

Frank also explained that the village’s boards can still review land development projects but cannot grant final approvals. Kevin Conero, trustee and former planning board chairman, added that any applicant who’s received approval can start their project.

“The final approvals cannot be granted during the time of the moratorium. The process with the applications can continue, but further approvals, conditional approvals, all of that cannot be issued either by the planning board or ZBA for anything in front of them or this village board during the moratorium,” Frank said.
The board adopted the moratorium, with the possibility of an extension if needed.