Town of Orangetown, NY Chapter 42 Zoning and Building Permits: Moratorium [1]

[HISTORY: Adopted Orangetown Town Board: Article I, 4-9-1973 by Local Law No. 5, 1973, amended in its entirety 4-22-1974 by Local Law No. 2, 1974; Article II, 8-20-1990 by Local Law No. 10-1990. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 5.

Building construction administration — See Ch. 6.

Building, Zoning and Planning Administration — See Ch. 6A.

Moratorium on gasoline station permits — See Ch. 17A.

Zoning — See Ch. 43.

Be it enacted by the Town Board of the Town of Orangetown as follows:

[1] Editor's Note: Former Ch. 42, Zoning and Building Permits: Moratorium comprised of Article I, Moratorium Established, adopted 5-26-1969 by L.L. No. 3, 1969, and Article II, Amendment to Article I, adopted 7-14-1969 by L.L. No. 6, 1969, was deleted since it was repealed by subsequent legislation.

Article I Wetlands, Floodplains and Floodways

[Adopted 4-9-1973 by Local Law No. 5, 1973; amended in its entirety 4-22-1974 by Local Law No. 2, 1974]

§ 42-1 Intent.

A. The Town Board of the Town of Orangetown finds that effective control of the wetlands, floodplains and floodways located within the Town of Orangetown is essential by reason of the fact that wetlands, floodplains and floodways are in danger of being developed; and that the said wetlands, floodplains and floodways are in danger of being detrimentally affected by the development of land within other areas of the Town creating a detrimental impact upon such wetlands, floodplains and floodways by increasing the speed and volume of water runoff and drainage. The Town Board further finds that it is to the public good and welfare to provide legislation controlling development and the environmental impact of development upon wetlands, floodplains and floodways so as to provide for the preservation thereof. To properly develop a meaningful code to preserve the wetlands, floodplains and floodways, sufficient time is required to prepare the appropriate legislation. The Town Board further finds that the Town of Orangetown, or portions thereof, may well be affected by the terms and provisions of Public Law 930234, entitled "Flood Disaster Protection Act of 1973," and that the failure to adopt local legislation as aforesaid may jeopardize property and persons in the Town of Orangetown by depriving them of the benefits of federal aid, loans, grants, guaranties, insurance and other forms of federal financial assistance. The Town Board further finds that such local legislation is needed to prevent loss and injury of and to persons and property within the Town of Orangetown.

B. In order to prevent the vesting of rights by the precipitous filing of applications for permits in those areas of the Town falling within the ambit of the proposed local legislation, and to protect rights already vested pursuant to validly pending applications for building, subdivisions and development, the Town Board deems it appropriate to amend Chapter 42 as herein provided.

C. The Town Board has heretofore considered and is considering a plan for the protection of wetlands, floodplains and floodways and has received certain reports concerning Sparkill Creek, Nauraushaun Creek and Pascack Creek, and is presently actually drafting local legislation as aforesaid.

D. The unincorporated areas of the Town of Orangetown have been made eligible for the issuance of flood insurance and a consultant's report and draft wetlands ordinance are ready for presentation to the Town Board with a view towards consideration of the enactment of appropriate legislation.

[Added 9-23-1974 by L.L. No. 7, 1974]

E. The unincorporated areas of the Town of Orangetown have been made eligible for the issuance of flood insurance, and a consultant's report and draft wetlands ordinance are presently pending before and under consideration by the Town Board with a view towards consideration of the enactment of appropriate legislation.

[Added 12-27-1974 by L.L. No. 8, 1974]

§ 42-2 Prohibition of building permits.

After the effective date of this local law, the office of Building, Zoning, Planning Administration and Enforcement shall grant no building permits for construction, both residential and nonresidential, in any areas within the areas designated as one-hundred-year storm frequency line as set forth in the Weaver Report concerning Sparkill Creek, the Velzy Report concerning Nauraushaun Creek and the Larkin Report concerning Pascack Creek. The within prohibitions shall not apply to alterations or additions to an existing structure not exceeding 50% of the present structure. After the effective date of this local law, the Zoning Board of Appeals shall not grant any special permit use nor any building permit, and the Planning Board shall not grant any preliminary approval or final approval to any subdivision within the said one-hundred-year storm frequency areas.

§ 42-3 Existing permits.

All existing building permits, special permits and subdivision applications which have received preliminary approval prior to the effective date of this local law shall continue in full force and effect during the pendency of this moratorium and all boards of the Town of Orangetown may process subdivision applications and such other applications as may be pending before any Board concerned with construction within the Town of Orangetown.

§ 42-4 Time limit for moratorium. [1]

[Amended 9-23-1974 by L.L. No. 7, 1974; 12-27-1974 by L.L. No. 8, 1974; 5-12-1975 by L.L. No. 4, 1975]

This moratorium shall continue in effect until midnight, July 31, 1975, or until the adoption of local legislation pertaining to wetlands, floodplains and floodways in the Town of Orangetown, whichever is the shorter period of time.

[1] Editor's Note: This section was previously amended 6-11-1973 by L.L. No. 10, 1973 and 7-23-1973 by L.L. No. 12, 1973.

§ 42-5 Repealer.

All provisions of Chapter 42 inconsistent herewith are hereby repealed.

§ 42-6 When effective.

This local law shall take effect immediately.

Article II Critical Environmental Area

[Adopted 8-20-1990 by Local Law No. 10, 1990]

§ 42-7 Intent.

A. The Town Board of the Town of Orangetown finds that since the adoption of Local Law No. 7 of 1988 regulating the issuance of building permits within the Town-designated critical environmental area of Upper Grandview and environs, there have been several applications for building permits, subdivision approval and site plan approval, and the Town Board further finds that the legislation presently in effect within the Town of Orangetown does not adequately protect the environmental sensitivity of the critical environmental area.

B. Sound land planning management requires a municipality to review land development regulations and their effect on the environment. In order to develop local legislation to prevent loss and injury of and to persons, property and the environment within the critical environment area, the Town Board has heretofore considered and is presently considering a revision of the Town Code dealing with future development and construction in the critical environmental area to avoid negative impact on this environmentally sensitive area.

C. In order to prevent the vesting of rights by the precipitous filing of applications for development in those areas of the Town designated as the critical environmental area, falling within the ambit of the proposed legislation, the Town is establishing a moratorium for a limited period of time.

§ 42-8 Prohibition of building permits.

After the effective date of this local law, the Office of Building, Zoning, Planning Administration and Enforcement shall grant no building permits for construction, both residential and nonresidential, in any area within the area designated as the critical environmental area. Furthermore, after the effective date of this local law, the Planning Board shall not accept or take any action on any subdivision application for property located in the designated critical environmental area which has not received preliminary approval, nor shall the Planning Board accept or take any action on site plan review and approval where the proposed site is located in an area designated as the critical environmental area. This local law is expressly intended to supersede §§ 274-a and 276, Subdivision 4, of the Town Law of the State of New York.

§ 42-9 Existing permits.

All existing building permits, site plan approvals and subdivision applications which have received preliminary approval prior to the effective date of this local law shall continue in full force and effect during the pendency of this moratorium.

§ 42-10 Time limit for moratorium.

This moratorium shall continue in effect until the happening of either of the following events, whichever event occurs first:

A. The adoption by the Town Board of the Town of Orangetown of a revised local law amending the Orangetown Code to implement changes dealing with construction and development in the designated critical environmental area.

B. The expiration of a ninety-day period after the effective date of this local law.

§ 42-11 Repealer.

All ordinances or local laws or parts of ordinances or local laws conflicting with the terms or provisions of this local law are hereby repealed to the extent necessary to give this local law full force and effect during the effective period. In the event that any portion of this local law shall be declared invalid by a court of competent jurisdiction, such invalidity shall not be deemed to affect the remaining portions thereof.

§ 42-12 When effective.

This local law becomes effective upon posting and publishing and upon filing a copy with the Secretary of State as required by law.