Local Law No._____of 2006
Moratorium
on Subdivision and Site Plan Approvals.
Be it enacted by the Town Board of the Town of Putnam Valley as follows:
Section 1. Purpose and Findings.
The Town Board of
the Town of Putnam Valley hereby finds and determines as follows:
A. The Town of Putnam Valley
faces significant growth and development pressures.
B. Development of all types increasingly
infringes on the landscape and associated
natural features such as wetlands, mountains and ridges, forests, streams
and lakes. These important natural
resources provide ecological benefits, recreation and scenic beauty which help
define the Town and are valuable for the Town’s economy and quality of life.
C. The Town’s natural features should constrain
such growth. However, the Town Board
finds its existing codes insufficient to address the issues raised by much of
the development proposed for the Town.
For example, the zoning code contains inconsistencies and ambiguities and the overlay maps
contain errors which complicate
the Planning Board’s ability to impose constraints needed to protect the Town’s
resources. The Town’s subdivision
regulations were adopted in the 1950’s. Amended in 1985, these regulations do
not meet contemporary standards. These
inadequacies damage the Planning Board’s ability to regulate the impacts of
commercial as well as residential projects.
D.
In
addition to the intensive development pressures, new information and
initiatives arising in the last few years warrant review of the Master Plan and
associated codes. These include, among
others, the intermunicipal agreement to protect the New York City supply
watershed to which the Town is a party; the increased requests from the City of Peekskill to protect its drinking
watershed defined by Peekskill Hollow Brook and its tributaries; the federal
and state Phase II stormwater rules, including those for municipal separate
storm sewer systems; the enactment of the Highlands Conservation Act which authorizes federal funding for land conservation partnership projects
and open space purchases; the
establishment of the Hudson River Valley National Heritage Area; and the Metropolitan Conservation Alliance
Croton-to-Highlands Biodiversity Study which
determined that the majority of the Town’s area consisted of habitat of special
importance.
E.
The Town
Board determines to review the foregoing factors, conditions and information,
to update the Town’s Master Plan and relevant codes. The Town Board intends such studies to review
and address the following specific issues related to the intensity and impacts
of development and growth on the Town of Putnam Valley:
1.
The
appropriate density for single family residential districts
2.
Prospective
growth of Oregon Corners and other existing areas of more intensive development
3.
Appropriate
strategies for preserving and improving the Town’s biodiversity and habitat for
locally significant species
4.
The
increased protection of the Town’s ridgelines, slopes and mountainous areas
5.
Remediation
of substantial existing pollution threats in the Town, including areas of dense
concentration of individual subsurface sewage disposal systems.
6.
The
availability of affordable housing and the suitability of multifamily housing
in the Town or lack thereof
7.
The
promotion and reasonable regulation of agricultural growth in the Town
8.
Clarification
and review of existing codes relating to growth and development, including
protection of environmentally sensitive features
9.
Appropriate
consideration of nonconforming uses and lots
10.
Abatement
of stormwater and nonpoint source pollution, including erosion and
sedimentation control and impervious surfaces, to protect local resources and
the water supplies for other municipalities, and to comply with federal and
state Phase II stormwater requirements
11.
Increased
protection for the Town’s historic and scenic resources, including recognition
of the Town’s network of rural roads
12.
Open
space preservation, including refinement of cluster development, and
acquisition of land or development rights and conservation partnership projects
under the Highlands Conservation Act
13.
Establishment
of a water district for houses with salt contaminated wells
14.
Establishment
of blasting protocols and local permit requirements.
15.
Identification
and planning for infrastructure needs including recycling of wastes
16.
Promotion
of compatible commerce
17.
Energy
efficiency
18.
Architectural
standards and review procedures
19.
Traffic
patterns, the prospect of increased congestion and the role of public and
shared transportation
20.
Designation
of Critical Environmental Areas pursuant to the State Environmental Quality
Review Act
21.
Consideration
of additional Type I and/or Type II Actions, in accordance with 6 NYCRR Part
617.14(e).
22.
Efficient
information retention and dissemination, including computerized mapping, use of
Geographic Information Systems and correction of overlay maps
F.
The Town
Board is concerned that applicants may respond to the commencement of the
aforementioned study by attempting to pursue permit applications before
relevant codes and plans are revised. Completion of these studies and
compliance with revision procedures will require at least several months and is
reasonably anticipated to require one year.
Thus unless reasonable measures are taken during this interim period to
preserve existing resources pending the contemplated revisions, increased
development under the existing codes and Master Plan may materially damage the
objectives of the revision process.
G.
To
protect the public health, safety and welfare it is the intention of the Town
Board to prevent the permission of inappropriate or incompatible development,
and to defer review of such development pending completion of the Master Plan
and code modifications.
Accordingly, the Town Board intends to hereby adopt a Moratorium on
certain residential subdivisions, site development plans, site plans and
special use permits as identified below for a reasonable time during
consideration of the changes in the Master Plan and applicable codes.
Section 2. Prohibited Actions.
In order to carry out the above purposes, the Town
Board hereby declares for a period of twelve (12) calendar months from the
effective date of this local law a Moratorium prohibiting each of the following
actions, regardless of the submittal or receipt of any application prior to the
effective date of this Local Law, unless permitted under Section 3 or 4
hereunder:
A. Acceptance, preliminary approval or final approval by
the Planning Board of any plan or application for subdivision of any parcel
existing in any zoning district into five (5) or more lots for the purpose of
developing single family residences thereon or the creation of any lot that is
less than three acres in size.
B. Acceptance, preliminary approval or final approval by
the Planning Board of any plan or application for subdivision of, or for
development approval plan, site plan or special use permit relating to, any
parcel located in any zoning district in the Wildlife Habitat and Biodiversity
Protection Area. For purposes of this
subsection, the Wildlife Habitat and Biodiversity Protection Area shall consist
of those areas of the Town of Putnam Valley proposed by the Putnam Valley
Commission for the Conservation of the Environment for inclusion in a new
Wildlife Habitat and Biodiversity Protection environmental overlay district, as
designated on a listing of tax parcels dated August 17, 2005 and entitled List
of Properties Within WHBP District, and available in the office of the Town Clerk.
C. The creation or extension of any new Town or private
street.
D. Acceptance or approval by the Planning Board of an
application for a site development plan for multifamily development or site
plan for construction of a new building for commercial uses in any zoning
district, excepting however any site plan for construction of a new building
for commercial uses which complies with the following criteria and procedures:
1.
such site plan
may not provide for more than three thousand square feet (3,000 sq. ft.) of
floor area for such commercial use; and
2.
such application
shall be referred to the Advisory Board on Architecture and Community
Appearance and shall be certified by such Board as consistent with the
desirability, property values and development of the surrounding area within
the meaning of section 8-41 of the Code of the Town of Putnam Valley.
E. Acceptance or approval by the Planning Board of a site
plan for any commercial use:
1.
In any
zoning district in an area where such use would require a permit or permit
waiver under section 144-4 of the Code of the Town of Putnam Valley.
2.
On a
site abutting Morissey Drive or Lake Drive in any zoning district.
F. Acceptance or approval by the Planning Board of any
application for site development plan (development approval plans) for a
residential structure on a lot less than 1.5 acres in area in any zoning
district
G. Acceptance or approval by the Planning Board of any
application for special use permit, site development plan, grading permit under
section 155-7 of the Code of the Town of Putnam Valley, or permit or permit
waiver under section 144-4 of the Code of the Town of Putnam Valley in
connection with any prohibited action hereunder.
H. Acceptance, consideration, review or approval by the
Zoning Board of Appeals of any application for variance in connection with any
activity prohibited hereunder.
I.
The issuance of a
findings statement, conditioned negative declaration, or negative declaration,
or acceptance, filing or publication of a Final Environmental Impact Statement
under the State Environmental Quality Review Act in connection with any
prohibited action described in this section.
Section 3.
Exemptions.
The following actions are exempt from the
above-described Moratorium to the extent set forth herein:
1.
The
applicant has submitted a valid application as of the effective date of this
local law.
2.
The
applicant assumes the sole risk of pecuniary or other loss, including without
limitation the costs of technical and legal consultation and the costs of
preparation of any submittals, reports or information required by the Planning
Board or Zoning Board of Appeals pursuant to the Code of the Town of Putnam
Valley, the State Environmental Quality Review Act or other applicable laws or
regulations, arising out of such continued consideration and review during the
pendency of this Moratorium.
3.
Applications
processed under this subsection 3(D) will, unless otherwise stated herein, be
determined by the provisions of the Master Plan of the Town of Putnam Valley
and the Code of the Town of Putnam Valley in effect at the time of such
determinations, and not as of the date of this local law.
4.
Applicants
are hereby informed that the Town Board of the Town of Putnam Valley is
considering changes to such Master Plan and Code which may address the issues
raised by their applications, and which may alter the determinations thereon by
the Planning Board or Zoning Board, as applicable, from those which might have
occurred in the absence of such changes.
5.
The
Planning Board and Zoning Board of Appeals shall not issue any preliminary or
final approval of any application subject to the Moratorium during its
term.
Section 4. Petition For Waiver.
Any party considering itself disproportionately
aggrieved by the above prohibitions may petition for a waiver from the Town
Board as provided herein.
A. Substantive requirements. The Town Board is
authorized to consider and on good cause grant waivers from the provisions of
this Moratorium as provided below. In
determining the suitability of a waiver under this section The Town Board shall
consider the following factors, which the petitioner should demonstrate by
clear and convincing evidence.
1.
Unnecessary
hardship to the petitioner, which hardship is substantially greater than any
harm to the general public welfare resulting from the granting of the
exemption; and
2.
Adverse
effect on the goals or objectives of the Town in revising the Master Plan and
codes hereunder; and
3.
The
project’s harmony (or lack thereof) with the existing character of the
community as a whole and the area of the community in which the property is
located; and consistency with any interim data, recommendations, or conclusions
which may be drawn from the studies in progress hereunder.
B. Waiver procedure.
Such petition shall be the subject of a public hearing before the Town
Board. Upon submittal of a written petition to the Town Clerk by the property
owner seeking a waiver of this Moratorium in a form to be provided by the Town
Clerk, and supported by such documentation as the applicant deems relevant, the
Town Board shall, within forty (40) days of receipt of such petition, conduct a
public hearing on said petition upon five (5) days public notification in the
official newspaper of the Town. At said public hearing, the property owner and
other parties wishing to present evidence on the proposed waiver shall have an
opportunity to be heard. The Town Board
shall, within forty (40) days of the close of the public hearing, render its
decision in writing, either granting or denying the petition for a waiver from
the strict requirements of the Moratorium.
C. It shall be within the discretion of the Town Board to
grant in whole or in part, or deny, the petition for relief from the terms of
this Moratorium. In the event that the
Town Board grants the petition, the petitioner shall be permitted to submit the
proposed project to the Planning Board and if necessary the Zoning Board of
Appeals for a full review of the proposed project in accordance with all applicable
code provisions. Any approval by the
Planning Board or Zoning Board of Appeals must comply with code provisions in
effect at the time of such approval, including any applicable provisions which
the Town Board may adopt pursuant to the studies undertaken hereunder.
Section 5. Statement of
Authority and Supersession
a. Subdivisions 7 and 8 of section 267-a, relating to
time limits for Zoning Board of Appeals hearing and decisions respectively
b. Subdivision 8 of section 274-a, relating to time
limits for hearings and Planning Board determinations on site plan applications
c. Subdivision 6 of section 274-b, relating to time
limits for hearing and determination on application for special use permits
d. Subsections 5(d)(i)(1), 5(d)(i)(2) and 5(e)(i) of
section 276, relating to time limits for
public hearings on preliminary plats
e. Subsections 5(d)(iii)(1), 5(d)(iii)(2), 5(e)(iii)(1)
and 5(e)(iii)(2) of section 276, relating to time limits for Planning Board determinations on preliminary
plats
f.
Subsections
6(d)(i)(1)(a) and (b), and 6(d)(ii)(1) of section 276, relating to time limits
for public hearings on final plats
g. Subsections 6(b), 6(d)(i)(3)(a) and (b), and
6(d)(ii)(3)(a) and (b) of section 276, relating to time limits for Planning Board determinations on final plats
For the duration of this
Moratorium the Town Board also intends to supersede, and the instant local law
hereby supersedes, all provisions of the town code which impose time limits on
applications for approvals subject to the instant Moratorium, including without
limitation section 56-4 and subdivision D of section 165-92 of said town code,
relating to hearings and determinations on subdivision and site plan
applications, respectively.
Section 6. Severability.
Should any section,
sub-section, paragraph, sub-paragraph, sentence, clause, phrase, or other
portion of this Local Law be declared invalid by a court of competent
jurisdiction such action shall not be construed to invalidate the remaining
portion of this Local Law.
Section 7. Effective Date.
This Local Law shall take
effect immediately upon filing by the Town with the Secretary of State of the
State of New York.