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A LOCAL LAW ESTABLISHING A MORATORIUM

Release Date: April 13, 2009

 



 

LOCAL LAW NO.      OF 2009

A LOCAL LAW ESTABLISHING A MORATORIUM

ON CERTAIN USES UNDER THE ZONING ORDINANCE

 

SECTION ONE: LEGISLATIVE INTENT

             The Town Board has determined that the Zoning Board has been called upon to make interpretations of the Town Zoning Ordinance with respect to whether or not certain uses are permitted within the various Zoning Districts of the Town.   One particular use which has arisen on several occasions are those pertaining to contractor's yards.  The Zoning Board on several occasions has interpreted various uses to be contractor's yards and have found them to be permitted uses in  certain  Town Zoning districts.  The Town Board believes  that they must review at the uses that the Zoning Board has interpreted  as contractor's yards and determine whether or not they should be permitted uses within the various districts of the Town and if so, how they should be defined and what particular regulations should pertain thereto. Also, the Board must determine if the current definitions and regulations under the present Zoning Ordinance are adequate to serve and protect the citizens of the town. 

            Additionally, over the last several years more and more applications have arisen that require the Zoning Board to interpret whether uses such as contractors yards, special trade contractor yards, rock crushing, mining, composting, wood chipping, scrap metal processing and any similar such uses are permitted uses  in various zoning districts.  The Zoning Board often refers to the SIC Code in reaching its interpretations.

            Since the Town Board functions as the legislative body of the Town, and is charged with the responsibility of promulgating  and adopting the Master Plan and the Zoning Ordinance and establishing the Zoning District and enumerating the uses allowed in the various Zoning Districts of the Town, and providing for reasonable regulations thereof, it is necessary from time to time for the Town Board to amend the Zoning Ordinance  as appropriate, with respect to certain uses in certain Zoning Districts.  It is with this in mind, that the Town Board hereby enacts this Local Law.

SECTION TWO: MORATORIUM

            No approval shall be granted by the Planning Board, Zoning Board or any Building Inspectors of the Town, nor shall any applications be made to same with respect to any contractor's yards, specialty contractor yards, rock crushing, mining, composting, wood chipping, scrap metal processing and any similar such uses.  It is the intent of this moratorium that any application for which approval has not been granted, or the application has not been completed before the Board by the adoption of the Board’s Resolution  or Decision and Order, prior to April 1, 2009 shall not be allowed to proceed forward and shall await the outcome of this Moratorium.

SECTION THREE: DURATION

            The Moratorium established herein shall be effective for one year from the effective date of this Local Law.

SECTION FOUR:  STUDIES

            The Director of the Department of Technical Services is directed to prepare and file with the Town Board within four months following the adoption of this Local Law, a review of the various uses set forth herein and offer recommendations to the Board as to definitions and regulations  to be considered, what districts the uses should be or should not be permitted in, and any other necessary and reasonable conditions or recommendations pertaining thereto.

SECTION FIVE:  APPEALS

            The Town Board retains onto itself the right to interpret this Local Law and to make all determinations with respect to its applicability and interpret and determine the same.

SECTION SIX: EFFECTIVE DATE

            This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    OF THE TOWN OF CORTLANDT

                                                                                    JO-ANN DYCKMAN, TOWN CLERK