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

2. * 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

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

4. * 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

5. * 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

6. * 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!

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

8. * 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

9. * 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

10. * 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.

11. * 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

12. * LAND USE MORATORIA Robert H. Feller, Esq.  Bond, Schoeneck & King, PLLC  111 Washington Avenue, Albany, NY 12210  (518) 533-3222  rfeller@bsk.com