* New York Planning Federation Annual Conference: April 2015 Robert H. Feller, Esq Bond, Schoeneck & King, PLLC Land Use Moratoria.

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Presentation transcript:

* New York Planning Federation Annual Conference: April 2015 Robert H. Feller, Esq Bond, Schoeneck & King, PLLC Land Use Moratoria

* WHAT IS THE ISSUE THAT GIVES RISE TO MORATORIA? Vested rights/non-conforming use Need to avoid race to build Need for a time out

* WHAT IS A MORATORIUM? Moratorium is intended to maintain status quo for a period of time. Temporary Suspension Approvals for Development

* EXAMPLES WHERE MORATORIUM IS USED Concerns about adequacy of land use controls for particular uses Inadequate public infrastructure to support development Significant shift in land use policy

* WHAT DOES A MORATORIUM AFFECT? Geographic Area – Entire municipality or selected areas Uses all or just selected Land Use Controls  Building permits  Subdivision  Special use permits  Site plan approval

* PROCEDURES FOR IMPLEMENTING Legislative vs. Administrative? Procedures for Local Law, Ordinance or Charter Provisions  Municipal home rule law  GML §239-m Procedures for a Zoning Enactment SEQRA Doesn’t Apply!

* SUBSTANTIVE REQUIREMENTS Cannot Exceed a Reasonable Time Actively Engaged on Problem

* DRAFTING ISSUES Legislative Findings Defining Parameters Direction to CEO/ ZEO and Land-Use Boards Variances Statutory Deadlines (Subdivision Approval) Effective Date / Retroactivity / Vested Rights Enforcement

* ALTERNATIVES TO MORATORIA Growth Capping Laws Better Controls on Use of Municipal Infrastructure Greater Discretion in Zoning Approvals SEQRA – GEIS; Cumulative Impact Analysis More Frequent Comprehensive Plan Updates

* COORDINATING PLANNING AND LEGAL ISSUES Sound planning concepts need to be implemented in legally supportable ways. New laws controlling development only make sense if they have a basis in sound planning. Municipally needs to balance the needs of the community with the rights of individual property owners to get a reasonable return on real property investment. Talking issues.

* USEFUL REFERENCES All You Ever Wanted to Know About Zoning, 3d Edition, NY Planning Federation Land Use Moratoria, Local Government Technical Series, January 1995, New York State Department of State

* LAND USE MORATORIA Robert H. Feller, Esq.  Bond, Schoeneck & King, PLLC  111 Washington Avenue, Albany, NY  (518) 