[HISTORY: Adopted by the Town Board of the Town of Neversink 10-10-1990 as L.L. No.
2-1990. Amendments noted where applicable.]
[Adopted 10-10-1990 as L.L. No. 2-1990]
This Article shall be known as the "Limited Building and Subdivision
Moratorium of 1990."
The purpose of this Article is to protect the public health,
safety and welfare by assuring adequate water supply and sewage disposal
facilities throughout the town and to preserve the rural character
of the town pending the adoption of a Master Plan and the consideration
for adoption of a Zoning Law.
A.
The
Town of Neversink is located in rural northeastern Sullivan County,
partially within the Catskill Park. Traditionally, Neversink has been
a town exempt from large-scale development due to its remote location.
B.
Neversink
is a town which has steep slopes and fragile and shallow soils which
prevent wide-scale use of private wells and septic systems on small
lots.
E.
Public
comment at hearings held relative to the adoption of Local Law No.
2 of 1989[3] focused attention on the need to prevent the creation
of small lots within the town until a Zoning Law can be adopted permanently
establishing lot size regulations.
F.
Public
concern has also been expressed that, without some type of Zoning
Law in effect, land uses will be created which are incompatible with
the town's rural character.
G.
The
Planning Board has unanimously recommended to the Town Board that
a moratorium be imposed on all nonresidential construction until a
Master Plan and Zoning Law are adopted.
H.
Professional
planners engaged by the town to assist with the development of a Master
Plan have submitted a draft Master Plan to the Town Board for review
and consideration.
I.
On
August 8, 1990, according to the provisions of the New York State
Code of Rules and Regulations Part 617, the Town Board declared itself
lead agency pursuant to Article 8 of the Environmental Conservation
Law in connection with adoption of a Master Plan.
J.
The
Town Board has appointed a Zoning Commission, which has held meetings
on a regular basis and is now in the process finalizing a draft Zoning
Law to be recommended to the Town Board for further review, public
hearings and consideration for adoption.
A.
Building
permits. For a period of six months following the date of adoption
of this Article, no building permits shall be granted by the Code
Enforcement Officer, except permits for:
B.
Subdivisions.
For a period of six months following the adoption of this Article,
no subdivision plat shall be reviewed or approved by the Planning
Board, which plat proposes to create:
(1)
One or more lots less than two acres [87,120 square feet] in size.
C.
Nonresidential
land use activities. For a period of six months following the date
of adoption of this Article, no commercial or industrial use or activity
shall be established or created nor shall any existing commercial
or industrial use or activity be expanded.
D.
During
the period of the moratorium, the town shall endeavor to adopt a Master
Plan for the comprehensive development of the town and finalize for
consideration and adoption of a Zoning Law.
This moratorium may be extended for up to two additional periods
of up to three months each by resolution of the Town Board upon a
finding of necessity for such extension.
A.
Building
permits. The Town Board, by duly adopted resolution, may authorize
the issuance of a building permit otherwise not allowed by this Article,
subject to whatever conditions are deemed necessary and subject to
the regular requirements for such building permit, upon a showing
by persons whose premises are affected by this moratorium that relief
therefrom is necessary.
B.
Subdivisions.
The Town Board, by duly adopted resolution, may authorize the Planning
Board to review and consider for approval or disapproval a subdivision
plat, the review of which is otherwise precluded by this Article,
subject to the regular review process for such subdivision plat, under
circumstances where:
(1)
The purpose of the subdivision is to add land area to an adjoining
parcel of land; or
(2)
The purpose of the subdivision is to create a parcel of land which
is restricted against construction of improvements, including, by
way of example and not limitation, a parcel necessary to provide access
to another parcel of land.
C.
Commercial
or industrial activities. The Town Board, by duly adopted resolution,
may authorize the establishment or creation of a commercial or industrial
land use or activity otherwise not allowed by this Article, subject
to whatever conditions are deemed necessary and subject to the regular
requirements for such a use or activity, upon a showing by the persons
whose premises are affected by this moratorium that relief therefrom
is necessary to allow for expansion or improvement of a legal nonresidential
land use or activity which existed on October 10, 1990.
This Article is enacted pursuant to the provisions of the Town
Law and the Municipal Home Rule Law and specifically supersedes any
contrary laws, ordinances and provisions, including but not limited
to § 276, Subdivision 4, of the Town Law.
Any person who shall build or construct any building or structure
or who shall subdivide land or who shall establish or create any nonresidential
land use in violation of this Article shall be guilty of a violation
and subject to a fine not to exceed $250 or 15 days in jail, or both.
Each week a violation continues shall be considered a separate violation.
If any sentence, clause, subdivision, paragraph or section of
this Article is adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
sentence, clause, subdivision, paragraph or section thereof directly
involved in the controversy in which said judgment shall have been
rendered.
This Article shall take effect immediately.
