Introduced by Councilman Werner Stiegler

Dated:  April 21, 2003

Placed on desks of Town Board Members April 21, 2003

 

 

 

A LOCAL LAW IMPOSING A SIX-MONTH MORATORIUM ON PLANNING APPROVALS IN THE TOWN CENTER AREA

 

 

 

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

 

Section 1.       Title

 

         This Local Law shall be referred to as the Local Law Imposing a Six-Month Moratorium on Planning Approvals in the Town Center area.

 

Section 2.      Purpose and Intent

 

         Pursuant to the statutory powers vested in the Town of Beekman to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Beekman hereby declares a six-month moratorium on development in the Town Center area.

 

         The establishment and encouragement of a town center area is a centerpiece of the Town of Beekman Master Plan.  The area, which is generally the junction of N.Y.S. Route 55 with Clove Valley Road and Beekman Road, properly developed, has the potential to be a thriving business and government center for the Town.  The Town Board itself has committed the Town to this concept by acquiring land in the area for a new town library and recreation area.

 

         Town government will now embark on a review and adoption of land use controls for the Town Center area to foster sound development consistent with the Master Plan and it is crucial to maintain the status quo during the planning period.

 

Section 3.       Affected Area

 

         The area affected by this legislation is the present C2 Commercial Zone along Route 55 as the same is described in the present Zoning Law and depicted on the zoning map of the Town, but limited to the area thereof west of Palmer Circle.  For purposes of this legislation, said area shall be referred to as the Town Center.

 

 

 

Section 4.      Scope of Controls

 

A.            During the effective period of this Local Law:

 

1.     The Town of Beekman Planning Board shall not accept any plans pertaining to the Town Center area for review or other action unless said plan had been presented to the Planning Board prior to May 1, 2003.  It is the intention of this local law to supercede the default approval provisions of Town Law Sec. 276.

 

2.     The Town of Beekman Zoning Board of Appeals shall not grant any variance or other permit pertaining to any parcel within the Town Center.

 

3.     The Building Inspector/Code Enforcement Officer of the Town of Beekman shall not issue any permit pertaining to any parcel within the Town Center unless said parcel has received final subdivision or site plan approval from the Planning Board.

 

B.             The Town Board of the Town of Beekman reserves the right to direct the Town of Beekman Building Inspector/Code Enforcement Officer to revoke or rescind any building permits or certificates of occupancy issued in violation of this Local Law.

 

Section 5.      No Consideration of New Applications

 

         No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits within the Town Center shall be considered by any board officer or agency of the Town of Beekman while the moratorium imposed by this Local Law is in effect.

 

Section 6.      Term

 

         The moratorium imposed by this Local Law shall be in effect for a period of six months from the effective date of this Local Law and may by resolution, be extended for one three month period if the Town Board determines that accomplishing the purposes of this local law requires additional time.

 

Section 7.      Penalties

 

         Any person, firm or corporation that shall establish, place, construct, enlarge or alter any building or structure in violation of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a violation and be subject to the penalties for offenses under Article VIII, Section 155-47 of the Town Code.

 

A.            Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town of Beekman for violations: and

 

B.             Injunctive relief in favor of the Town of Beekman to cease any and all such actions which conflict with the Local Law and, if necessary, to remove any construction that may have taken place in violation of this law.

 

Section 8.      Validity

 

         The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.

 

Section 9.      Hardship

 

A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Beekman in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship.  For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision or other permit during the period of the moratorium imposed by this Local Law.

 

            B.  Procedure.  Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days written notice in the official newspaper of the Town.  At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for variation from the strict requirements of this Local Law.  If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law.

 

Section 10.     Effective Date

 

         This Local law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.