Item Coversheet
Res. No. 2023-10 Consider adopting Introductory Local Law 12 of 2022 proposing to enact a moratorium for the Central Business A-1 District

WHEREAS, on December 12, 2022, the Board of Trustees introduced a proposed local law enacting a temporary moratorium on new land use applications for site plan approval, special use permit approval, subdivision approval, variance relief, and building permits pertaining to properties located in the Central Business A-1 District, including in the Central Business A-1 Subarea, in the Village of Pleasantville; and

WHEREAS, the Board of Trustees believes that a moratorium is necessary to preserve the status quo while it assesses whether changes are warranted in the Central Business A-1 District, including the Central Business A-1 Subarea, to ensure that the current scope of development permitted under the Zoning Code is consistent with the Comprehensive Plan, appropriate and can be supported by the Village’s existing infrastructure; and

WHEREAS, maintaining the status quo will protect the public interest and welfare; ensure consistency with new zoning requirements; promote community planning values by regulating land development based on a carefully considered plan; and prevent potential applicants from securing approvals before new conditions and requirements are established; and

WHEREAS, pursuant to the terms of the local law, the term of the moratorium will be for a period of six (6) months following the date on which the local law is filed with the Secretary of State; and

WHEREAS, pursuant to the terms of the local law, during the moratorium the Building Inspector, Planning Commission and Zoning Board of Appeals will be precluded from issuing any determination under the State Environmental Quality Review Act (SEQRA), or issue any final determination on an application for a building permit, variance, special use permit, site plan and/or subdivision application filed on or after November 16, 2022 for property in the Central Business A-1 Zoning District, unless such application falls within one or more of the exemptions set forth in the local law; and

WHEREAS, pursuant to the terms of the local law, applicants who would otherwise be subject to the moratorium may seek a hardship exemption from the Village Board of Trustees; and

WHEREAS, the adoption of this moratorium is a Type II action pursuant to the New York State Environmental Quality Review Act and, accordingly, no further environmental review is required; and

WHEREAS, the moratorium was referred to the Westchester County Planning Board and a response was received dated January 3, 2023; and

 

WHEREAS, the moratorium was referred to the Village of Pleasantville Planning Commission, it was discussed at its meeting on January 11, 2023, and a response was received dated January 18, 2023; and

 

WHEREAS, the Board of Trustees held a duly noticed public hearing on the Moratorium on January 23, 2023, at which times all those wishing to comment on the Moratorium had an opportunity to be heard and the public hearing was closed on January 23, 2023.

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby adopts the Moratorium and directs the Village Clerk to transmit a copy of this Resolution and the adopted local law to the Westchester County Planning Board.

 

BE IT FURTHER RESOLVED, that the Village Clerk shall immediately file the within Local Law with the Secretary of State of the State of New York.



ATTACHMENTS:
DescriptionTypeUpload Date
Intro Local Law 12 of 2022 - Local Law 1 of 2023Backup Material1/18/2023
Memo - BJF PlanningBackup Material12/22/2022
Referral comments from Westchester County PlanningBackup Material1/18/2023
Referral comments from Village Planning CommissionBackup Material1/18/2023