CONTINUATION OF PUBLIC HEARING 6:00PM
Town Board Voting on Moratorium Local Law by Resolution at the September 8, 2020 Town Board Meeting following the public hearing.
BELOW IS THE PROPOSED MORATORIUM LOCAL LAW AS POSTED ON TOWN WEBSITE:
LOCAL LAW NO. OF 2020
A LOCAL LAW
ESTABLISHING A MORATORIUM ON CERTAIN DEVELOPMENT
IN THE TOWN OF BALLSTON
BE IT ENACTED BY THE BALLSTON TOWN BOARD AS FOLLOWS:
1. Title and Authority - This Local Law shall be known as the Town of Ballston Moratorium Law. It is adopted pursuant to Municipal Home Rule Law §10.
2. Purpose – The Town Board has significant concerns regarding the potential impacts of certain types of development in the Town. The Town Board believes that a moratorium on these types of land uses is necessary in order to allow the Town Board time to update its 15-year old Comprehensive Plan and to revise the Town’s zoning and subdivision regulations to be consistent with the new Comprehensive Plan. In connection with these revisions, the Town Board may also consider preparing a Generic Environmental Impact Statement including a traffic study in order to address the overall development objectives of the Town.
3. Definitions
– As used in this Local Law, the following terms shall have the
meanings indicated. Terms which are not defined shall have the meanings
indicated in the Town’s Zoning Code, Subdivision Regulations or Solar
Collection System provisions or, if not therein defined, their customary meanings.
(a) Commercial Solar Installation – The use of land where one or more solar collectors are placed on a parcel of land for the purpose of generating photovoltaic power and collectively has nameplate generation capacity of more than 25 kilowatts (kW) alternating current (AC) or more when operating at maximum efficiency for the purpose of off-site sale, usage and/or consumption. The term commercial solar installation shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a residential property up to 25 kW and/or 110% of annual usage.
(b) Commercial or Industrial Development – Any use other than a residential use within a dwelling as defined in the Town’s Zoning Code.
4. Moratorium
– The Town Board hereby imposes a moratorium on undertaking any
of the following for a period commencing on the effective date of this Local
Law and continuing until June 17, 2021, and further provides that no
application under the Town Zoning Ordinance (Chapter 138), Subdivision
Regulations (Chapter 104), Solar Collection Systems (Chapter 89) or Telecommunications
Towers (Chapter 113) provisions of the Town Code or any other approvals of a
discretionary nature required for land use development in the Town, including
site plan, special use permit and subdivision approvals involving any of these
uses will be accepted, reviewed or approved during that period:
(a) Conservation Subdivision;
(b) Traditional Neighborhood Development;
(c) Major Subdivision;(d) Commercial or Industrial Development greater than 5,000 square feet;
(e) New Planned Unit Development District (PUDD);
(f) New Senior Living District uses;
(g) Any Zoning Code amendments to existing PUDDs;
(h)
Commercial Solar Installation; and
(i) Apartment Buildings, Condominiums, Multiple Dwellings and/or Townhouses.
5. Applicability
– The moratorium shall be applicable to any and all of the
above including those for which application was not received on or before July
17, 2020.
6. Exceptions – This moratorium shall not apply to the issuance of ministerial permits such as building permits, provided that no discretionary approvals are required prior to the issuance of such permit which have not been obtained.
7. Variances - The Town Board shall have the authority, after public hearing to vary or modify the application of any provision of this Local Law upon its determination that strict application of this Local Law would impose practical difficulties or extraordinary hardships upon an applicant and that the variance granted would not adversely affect the health, safety or welfare of the citizens of the Town or significantly conflict with the general purposes and intent of this Local Law. For purposes of determining whether “practical difficulties or extraordinary hardships” exist, the Town Board may consider whether the applicant has sustained any serious loss as a result of prior expenditures made in reliance on the zoning law or previously issued permits. Any request for a variance shall be in writing and filed with the Town Clerk. The Town Board shall conduct a Public Hearing on the application on not less than five (5) days’ public notice and shall make its decision within 30 days after the close of the Public Hearing. Any project which is granted a variance from this Local Law shall be subject to all requirements under the Town Code which would have been applicable to the project if the moratorium had not been adopted.
8.. Extensions – This moratorium may be extended by Town Board resolution(s) for two additional three (3) month time periods or for such additional periods that are reasonable in scope and duration.
9. Termination – This moratorium or any portion thereof may be terminated earlier than June 17, 2021 upon updating of the Town Code to accomplish the purposes described above.
10. Severability – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
11. Repealer; Supersession – All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby superseded. This Law also specifically supersedes Town Law Article 16, Town Law Section 267-b, and any other New York State or Local Laws, rules, or regulations pertaining to the grant of any variance authority to the Zoning Board of Appeals, it being the intention of this Local Law that any authority to grant variances to any other Boards or bodies other than this Town Board is hereby superseded by this Local Law so as to vest any authority to approve a variance from this Local Law solely in the Town Board. This Local Law is further intended to supersede the default subdivision approval provisions in Town Law Section 276 to the extent that any delay resulting from the moratorium shall not result in a default approval and that the time periods for conducting hearings and issuing decisions on applications set forth in Article 16 of the New York Town Law, including but not limited to Town Law sections 267-a, b, and c, 274-a, 274-b, 276, 277, and 278, are hereby superseded.
12.
Effective
Operative Date - This Local Law shall take effect upon filing by the
office of the New York Secretary of State or as otherwise provided by law and
shall be operative as of July 17, 2020 as provided in paragraph 5 above.
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1.) Appear in person at 6:00pm in the Town of Ballston Community Room located at 323 Charlton Road, Ballston Spa, New York. Covid-19 precautions will be practiced. Facial coverings/masks covering your nose and mouth are required.
2.) By internet: The public hearing will also be live on Zoom. The Zoom link is https://zoom.us/j/97299939167 Click on "raise hand" to get in queue to speak. Once it is your turn, be sure to unmute yourself.
3.) Dail in by phone: Access to zoom is available by telephone by dailing +1 646 558 8656 Enter webinar ID when prompted: ID number is 972 9993 9167. Enter *9 to "raise your hand" to get in queue to speak.
4.) Drop off your written public comment prior to public hearing to the Town Clerk's Office Attention Town of Ballston Town Board Re: Moratorium Public Hearing
5.) Email your public hearing comment prior to hearing to:
- Town Supervisor Connolly: econnolly@townofballstonny.org
- Council Member Antoski: jantoski@townofballstonny.org
- Council Member Solberg: psolberg@townofballstonny.org
- Council Member Curtiss: ccurtiss@townofballstonny.org
- Council Member Stewart: kstewart@townofballstonny.org
- Town Clerk: cgumienny@townofballstonny.org
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