Moratorium extension?

Montgomery Village Board to hold public hearing

By Connor Linskey
Posted 12/23/20

At their meeting on Dec. 15, the Montgomery Village Board set a date for a public hearing to consider the adoption of Introductory Local Law No. 3 of 2020. This will take place in the village …

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Moratorium extension?

Montgomery Village Board to hold public hearing

Posted

At their meeting on Dec. 15, the Montgomery Village Board set a date for a public hearing to consider the adoption of Introductory Local Law No. 3 of 2020. This will take place in the village courtroom, 133 Clinton Street, Montgomery on Tuesday, Dec. 29, 2020 at 7 p.m.

If adopted, Introductory Local Law No. 3 of 2020 would extend the moratorium on the submission and processing of applications for land use approvals within the Village of Montgomery enacted by Local Law No. 2 of 2020 for an additional period of three months to allow the village time to complete the amendments to the village’s zoning law as contemplated by the comprehensive plan update. Local Law No. 2 of 2020 established a six-month moratorium.

Furthermore, this law is being proposed, as it would fulfill the village’s constitutional, statutory and legal obligations to protect and preserve the public health, welfare and safety of its citizens as well as to protect the value, use and enjoyment of property in the village by temporarily prohibiting the submission and processing of applications for land use approvals within the village.

The village board also wants to extend the moratorium because they require additional time to study the impacts, effects and regulation of development within the village. The extension would give them time to further consider the concerns of the residents and property owners of the village and to address their needs. The village board aims to preserve the resources and character of the village.

In addition, the moratorium adopted by the village board by Local Law No. 2 of 2020 will expire on Dec. 30, unless otherwise extended for a reasonable period of time.

“The village board hereby finds that the moratorium should be extended for a period of three months duration, coupled with the existing 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 a period,” states Introductory Local Law No. 3 of 2020.

For a period of three months from the effective date of this local law, no new applications for land use approvals shall be accepted or processed by the village and no previously submitted applications for land use approvals will be further processed by the village. The village board could repeal this local law prior to its termination date if they believe that its purposes have been accomplished.

There are exceptions to this local law. One exception are applications before the planning board that have been issued final or conditional final land use approval before the effective date of the 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 land use approval would impose an extraordinary hardship on a landowner or applicant.

The local law shall take effect immediately upon filing in the office of the Secretary of State in Albany in accordance with section 27 of the Municipal Home Rule Law.

Don Berger, representing Residents Protecting Montgomery, expressed the group’s belief that the moratorium should be extended six months.

“There’s a lot of work to be done,” he said.

Village of Montgomery Attorney Kevin Dowd noted that it is unnecessary to extend the moratorium for six months.
“I don’t think we’re even gonna need the three months to tell you the truth…,” he said. “We can always extend it three months after three months. We can continue to do that. I think it’s to show good faith on the part of the village that we are not trying to say to people ‘you can’t develop your property.’ We’re just saying we need time in which to enact the local law consistent with our comprehensive plan.”