Village of Great Neck Plaza, NY Article XA Temporary Moratorium on Certain Residential Construction

[Added 6-19-2019 by L.L. No. 4-2019[1]]

[1] Editor's Note: This local law also repealed former Article XA, Temporary Moratorium on Certain Uses, adopted 4-20-2005 by L.L. No. 1-2005, as amended.

§ 225-83.5 Provisions of temporary moratorium.

A. As used in this section, the term "large residential project" shall mean a project to construct three or more dwelling units in a building or structure or on a property in the Village, whether in a multiple dwelling or in a mixed-use building or structure, which units are additional to the number of dwelling units (if any) in said building, structure or property as of May 1, 2019, and regardless of whether such dwelling units will be located in new construction or in a previously constructed building or structure.

B. For the period from the effective date of Local Law 4 of 2019 to and including April 24, 2021, no board, agency or department of the Village, including but not limited to the Board of Trustees, the Zoning Board of Appeals, the Building Department and the Department of Public Services, shall grant a conditional use permit, site plan approval, variance or permit of compliance authorizing the construction of a large residential project (as defined above in Subsection A) and no application seeking such a variance, permit or approval shall be accepted by the Village.

[Amended 4-1-2020 by L.L. No. 2-2020; 8-5-2020 by L.L. No. 3-2020; 12-16-2020 by L.L. No. 5-2020]

C. Nothing in this section shall be deemed to prohibit the modification of a permit or approval previously issued by any board, agency or department of the Village, provided that such modification will not result in a more intensive use of the building or structure to which the permit or approval relates.

D. Nothing contained in this section shall be deemed to prohibit the reconstruction of a building, structure or premises in the event of a casualty or act of God, provided that, as of May 1, 2019, such building or structure had been in legal use and provided further that any reconstruction shall be substantially similar in physical dimension, area coverage and location to the building or structure which existed prior to said reconstruction.

E. Nothing in this section shall be deemed to prohibit any board, agency or department of the Village from considering an application for and/or from granting a variance, permit or approval in connection with a large residential project if a permit of compliance, site plan approval and/or conditional use permit authorizing said large residential project had been issued prior to May 1, 2019, or if a formal written application seeking a permit of compliance, site plan approval and/or conditional use permit authorizing said large residential project had been submitted to the Village prior to May 1, 2019.

F. Nothing in this section shall be deemed to prohibit the Zoning Board of Appeals from accepting, considering and/or granting a variance for a large residential project which, prior to May 1, 2019, had submitted a written formal application to the Village seeking a permit of compliance, site plan approval and/or conditional use permit for said large residential project.

G. Nothing in this section shall be deemed to prohibit the consideration or approval of applications for permits or certificates under Chapter 121 of the Village Code regarding landmarks and historic districts.