NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET, ALBANY, NY 12231
Village of Croton-on-Hudson
Local Law No. 2 of the year 2004
A local law extending the Year 2003 Interim Development Moratorium Law for the Proposed Gateway Districts within the Village of Croton-on-Hudson
Be it enacted by the Board of Trustees of the
Village of Croton-on-Hudson as follows:
Section 1.Purpose and Intent
A. Background. The Village of Croton-on-Hudson adopted a Comprehensive Plan in January 2003. The plan recommended the creation of Gateway Overlay Districts in certain key areas of the Village. The Village Board has determined to amend the existing zoning ordinance, with a proposed Gateway Overlay District that is consistent with the Comprehensive Plan and to create Gateway Overlay Districts in three areas of the Village.
B. Legislative Intent. Local Law No. 1 of 2003, adopted on September 2, 2003, established a temporary moratorium on certain building and development in the proposed gateway districts of the Village of Croton on Hudson. The purpose of this moratorium law was to “protect the public interest and welfare and prevent premature land development which could prejudice the integrity and objectives of land use patterns inconsistent with and in violation of the intent of said possible changes in the zoning ordinance. This law, in effect six months from its adoption date, will terminate on March 2, 2004. Over the past six months, the Village
Board has adopted a draft generic impact statement (DGEIS), and has held a public hearing on the DGEIS and the proposed Gateway Overlay District law. The Village Board intends to approve a Final Generic Environmental Impact Statement and adopt a Statement of Findings before adopting the Gateway Overlay District Law.
C. Legislative Findings. The Village of Croton-on-Hudson does hereby find, pending the completion of the State Environmental Quality Review (SEQR) incident to proper consideration of the Village Gateway Overlay District Law, that appropriate measures must be taken to secure a reasonable interim period to protect the public interest. The Village Board of Trustees finds that it is necessary and appropriate to extend the existing moratorium on the issuance of permits and approvals within the areas that are proposed to be rezoned to Gateway Districts for another three months. Without a moratorium, the Village could be faced with further activities
in the proposed Gateway District. This would prevent the Village from exercising its responsibility to fully address all issues related to the proposed rezoning and its impacts.
D. Description of Parcels to be Rezoned to Gateway Overlay District and Supporting Maps. This Local Law has the following attachments:
a. Zoning Overlays. This is a list of the parcels, with tax parcel identification numbers, that comprise the three Gateway Overlay Districts. The three districts are known as 1) South Riverside/Harmon Zoning District, 2) Municipal Place Zoning District, and 3) North End Zoning District.
b. Supporting Maps. This is a set of ten maps that show: 1) all three Gateway Districts, 2) South Riverside/Harmon Tax Blocks and Lots, 3) South Riverside Gateway District Land Uses, 4) South Riverside Gateway District Zoning Map, 5) Municipal Place Tax Blocks and Lots, 6) Municipal Place Gateway District Land Uses, 7) Municipal Place Gateway District Zoning Map, 8) North End Gateway District Tax Blocks and Lots, 9) North End Gateway District Land Uses, and 10) North End Gateway District Zoning Map.
SECTION 2. Applicability. This Local Law shall apply for an interim period to all properties located within the Village of Croton-on-Hudson, which are located in the areas proposed to be rezoned to Gateway District.
SECTION 3. Scope of Controls. During the effective period of this Local Law:
A. With the exemptions noted below, no board shall grant preliminary or final approval to a subdivision plat, or grant preliminary or final approval of a site plan, or grant any special permit, or consider formally any application on any parcel of property regardless of the fact that such plat or plan has been submitted prior to the effective date of this Local Law in the affected area shown in Figures 2 and 3. However, nothing in this Local Law shall preclude an applicant from having a maximum of two informal conferences with an appropriate board or agency while this Local Law is in effect.
B. The following applications shall be exempted from this local law:
a. Applications for additions or alterations of existing structures, provided the same do not violate existing zoning requirements and provided that such addition adds no more than 20% to the structure s gross square footage.
b. Renovations, whether interior or exterior.
c. Change of use.
SECTION 4. Term.
A. This Local Law shall be in effect for a consecutive period of three (3) months from its effective date, or if the proposed Gateway District law is adopted sooner than the completion of the three-month term, then this Local Law shall no longer be in force.
B. This Local Law shall be subject to review and renewal by resolution of the Board of Trustees for an additional period of time, effectively immediately.
SECTION 5. Penalties. Any person, firm or corporation that shall construct, erect, enlarge or alter any building or structures in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to:
A. Such penalties as may otherwise be provided by the laws, rules and regulations of the Village of Croton-on-Hudson for violations; and
B. Injunctive relief in favor of the Village of Croton-on-Hudson to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction which may have taken place in violation of this Local Law.
SECTION 6. Validity. The invalidity of any provision of this Local Law shall not affect the validity of any other portion of this Local Law which can be given effect without such invalid provision.
SECTION 7. Superseding Other Laws.
A. All laws, ordinances, rules and regulations or parts thereof of the Village of Croton-on-Hudson in conflict with the provisions of this Local Law are hereby repealed to the extent necessary to give this Local Law full force and effect during the effective period.
B. During the duration of time that this law is in effect, this Local Law shall modify and supersede, with respect to the properties covered by this Local Law and, for the term of this Local Law, inconsistent provisions of the Village Zoning Code and provisions of N.Y. Village Law, Article 7, including but not limited to sections 7-712 (variances), 7-725-a (site plan review); 7-725-b (approval of special use permits); 7-728 (subdivision review; approval of plats; development of filed plats); 7-730 (subdivision review; approval of plats; additional requisites); 7-736 (construction of municipal utility in streets; permits for erection of buildings; appeal; review by court); and 7-738 (subdivision review; approval of cluster development).
SECTION 8. No Default Approval. Notwithstanding any provision of Village Law to the contrary, and based upon the superseding of Village Law § 7-728, during the period that this local law, or any extension thereof, is in effect, the failure of the Planning Board to take action upon any application for approval of a preliminary or final subdivision plat application shall not be deemed an approval of such application and the Village Clerk shall not issue a certificate of approval thereof.
SECTION 9. Hardship and Relief.
A. Availability of Relief. Should any owner of property located in the areas that are proposed to be rezoned to Gateway District (see Figures 2 and 3) affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Village Board of Trustees, in writing, for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application for a variance, special permit, site plan or subdivision during the term of this Local Law.
B. Procedure. Upon submission of a written application to the Village Clerk by the property owner seeking a variation of this Local Law, the Village Board of Trustees shall, within thirty (30) days of receipt of said application, schedule a public hearing on said application upon five (5) days written notice in the official newspaper of the Village. At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Village Board of Trustees shall, within thirty (30) days of the close of said public hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Village
Board of Trustees determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Village Board of Trustees shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law.
C. Any party aggrieved by the determination of the Village Board of Trustees on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Law and Rules within thirty (30) days of the filing of said decision in the Office of the Village Clerk.
SECTION 10. Effective Date. This Local Law shall take effect immediately, as provided by law and upon filing in the office of the Secretary of State,
BY ORDER OF THE BOARD OF TRUSTEES OF
THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK
ATTACHMENT 1: ZONING OVERLAYS
A. South Riverside/Harmon Zoning District. The following parcels having the following Village tax map designations hereby comprise the South Riverside/Harmon Zoning District.
B. Municipal Place. The following parcels having the following Village tax map designations hereby comprise the Municipal Place Zoning District.
C. North End. The following parcels having the following Village tax map designations hereby comprise the North End Zoning District.
ATTACHMENT 2: SUPPORTING MAPS
Following this page is a set of ten maps that show:
1) All three Gateway Districts,
2) South Riverside/Harmon Tax Blocks and Lots,
3) South Riverside Gateway District Land Uses,
4) South Riverside Gateway District Zoning Map,
5) Municipal Place Tax Blocks and Lots,
6) Municipal Place Gateway District Land Uses,
7) Municipal Place Gateway District Zoning Map,
8) North End Gateway District Tax Blocks and Lots,
9) North End Gateway District Land Uses, and
10) North End Gateway District Zoning Map.