LOCAL LAW NO. 4 OF 2003 IMPOSING
A TEMPORARY MORATORIUM ON DEVELOPMENT
IN THE VILLAGE'S LIMITED INDUSTRY (LI)ZONING DISTRICT
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF HASTINGS-ON-HUDSON as follows:
Section 1: Purpose and Findings
The Board of Trustees of the Village of Hastings-on-Hudson finds that serious traffic impacts in the Route 9A Corridor would occur if undeveloped or underdeveloped lands in the Village’s existing Limited Industry (LI) District are developed for uses permitted as of right or by special permit under the Village’s LI District regulations. Accordingly, the Board of Trustees hereby directs the Planning Board to prepare appropriate zoning amendments that could include a modification of the list of permitted uses in the Limited Industry (LI) District, located on Route 9A, or other zoning amendments to reduce such impacts. In order to insure that existing traffic problems do not worsen and to assure that that all future development in the Limited Industry (LI) District is consistent with those zoning amendments, the Board of Trustees finds it necessary to enact a temporary moratorium on development in that district.
Section 2: Applicability
This Local Law shall apply to the Village's Limited Industry (LI) District, as shown on the Zoning Map, Village of Hastings-on-Hudson, dated May 1, 1979, and any amendments to that Map.
Section 3: Development Limitations
For a period of ninety days after the date of the filing of this Local Law with the Secretary of State, no application for:
(1) a building permit, or
(2) a special use permit, or
(3) site plan approval, or
(4) subdivision approval, or
(5) use variance, or
(6) a variance involving the construction of new or expanded floor space,
for properties within the area designated in section 2 of this Local Law shall be accepted, and no final decision on any such application shall be made, except as set forth below:
a. An application for a building permit where final site plan approval has already been granted.
b. An application for a sign permit pursuant to Chapter 234 of the Code of the Village of Hastings-on-Hudson.
c. An application involving the interior renovation, rehabilitation, or alteration of an existing building or structure provided: (1) the application does not involve a change in use, and (2) the cost of the renovation, rehabilitation, or alteration does not exceed $10,000.
Section 4: Waiver
A. The Village Board shall have the power to waive the application of any provision of this Local Law upon its determination, in its reasoned legislative discretion, that such waiver is required to alleviate undue hardship, is consistent with the proposed amendments to the Zoning Code, as such may be known, and is consistent with the health, safety, and general welfare of the Village. The hardship must be the result of unique circumstances, and the waiver must be the minimum necessary to alleviate the hardship.
B. Upon receiving any application for a waiver of this Local Law, the Village Board shall conduct a public hearing on the application, on at least ten days notice, within sixty days after the application is referred to it. The Village Board shall render its decision within thirty-five days after the public hearing is closed.
C. If the Village Board grants a waiver under this section, the application for which the waiver was sought shall be referred back to the office or board responsible for processing such an application, and the application shall be processed according to
existing law and procedures.
Section 5: Interim Suspension of Other Laws
All ordinances or local laws or provisions of the Code of the Village of Hastings- on-Hudson in conflict with the provisions of this local law are hereby suspended to the extent necessary to give this Local Law full force and effect during the effective period. This Local Law is intended to invoke the supersession provisions of Section 10(1)(ii)(e)(3) of the Municipal Home Rule Law and to supersede, during the effective period of this Local Law, inconsistent provisions of the Village Law, including Article 7.
Section 6: Validity
Should any word, phrase, clause, sentence, paragraph, part, or provision of this Local Law be found to be invalid, such decision shall not affect the validity of any other part of this Local Law that can be given effect.
Section 7: Effective DateThis Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.