[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:
[Adopted 4-9-1973 by Local Law No. 5, 1973; amended in its
entirety 4-22-1974 by Local Law No. 2, 1974]
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]
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.
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.
[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.
All provisions of Chapter 42 inconsistent herewith are hereby repealed.
This local law shall take effect immediately.
[Adopted 8-20-1990 by Local Law No. 10, 1990]
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.
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.
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.
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.
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.
This local law becomes effective upon posting and publishing
and upon filing a copy with the Secretary of State as required by
law.