[Comes from L.L. No. 71-2022, adopted 9-20-2022, effective 10-14-2022.]
A. 
In December, 2019 the Town adopted Article XLIII of the Town of Hempstead Building Zone Ordinance ("BZO") entitled "Transit Oriented Development and Related Districts for North Lawrence and Inwood." In adopting Article XLIII, the Town recognized that the action was a "Type I" action under the State Environmental Quality Review Act ("SEQRA") but opted to proceed with an expanded environmental assessment as opposed to proceeding with the preparation of a more comprehensive Environmental Impact Statement. Ultimately, a negative declaration was adopted, as was Article XLIII of the Town of Hempstead Building Zone Ordinance. The adoption of Article XLIII created the "Transit Oriented Development (TOD) District for North Lawrence and Inwood" ("the TOD District") and two overlay districts, namely the "Neighborhood ("NB") Overlay District for North Lawrence and Inwood" and the "Residential Townhouse/Rowhouse ("TR") Overlay District for North Lawrence and Inwood."
B. 
The stated purpose of the TOD District is "to meet the demand for a housing prototype for residents, located in close proximity to mass transportation such as the Long Island Rail Road (LIRR) train stations, and to create and sustain a vibrant, attractive and economically flourishing hamlet area." The TOD District is divided into 10 subdistricts, with five in North Lawrence and five in Inwood. The various subdistricts have various allowed ground floor permissible uses and prohibited uses and generally require that multifamily dwellings to be above the ground floor level. The TOD District allows for up to 60 households per acre and buildings up to five stories in height. In addition, the TOD District provides an expedited review process in which applicants may submit their application to a Design Review Committee. The applicant is required to submit, among other things, conceptual, as opposed to fully engineered, site and landscape plans to the Design Review Committee. The Design Review Committee may then waive the site plan requirements of section 305 of the Town of Hempstead BZO, and allow the applicant to apply directly to the Building Department for a building permit.
C. 
Since the enactment of the resolution creating the TOD District, concerns have been raised that the approval procedures for projects in the TOD District do not represent best practices for ensuring that a "hard look" is taken at several potentially significant negative environmental impacts that could result from the development of multiple high-density mixed-use projects that are currently permissible under the NB Zoning Overlay District. Similarly, there are concerns that based on the expedited review process, that does not provide for a meaningful level of public scrutiny, will not properly examine the cumulative effect that multiple projects are having or will have in the TOD District.
D. 
Potential projects under the current provisions of the TOD District could have significant negative impacts on, among other things, community character and quality of life, public infrastructure, police, fire and other emergency services, traffic, and special districts, and therefore represent a threat to public health, safety and welfare.
E. 
The Town Board wishes to be able to consider proposals regarding potential amendments and/or alternatives to the TOD District and the Town of Hempstead BZO to insure the health, safety and welfare of the residents of the Town of Hempstead.
F. 
Given the reasons and facts set forth above, and until the aforementioned process is completed, the Town Board finds it necessary to impose a moratorium as set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents who reside within of the TOD District and the surrounding area.
[Amended 3-14-2023 by L.L. No. 23-2023, effective 4-4-2023; 5-9-2023 by L.L. No. 34-2023, effective 5-25-2023]
Until March 14, 2024, after which this chapter shall lapse and be without further force and effect, and subject to any other local law adopted by the Town Board, no agency, board, board officer or employee of the Town of Hempstead including but not limited to, the Town Board, the Zoning Board of Appeals, the Design Review Board, or the Building Inspector(s) issuing any approval or building permit pursuant to any provision of the Town of Hempstead BZO, shall accept any application, review any application, or issue, cause to be issued, or allow to be issued any approval, special exception, variance, site plan, or building permit, for any property within the TOD District which seeks an approval, variance or building permit, pursuant to the provisions of the TOD District, except as set forth herein.