Town of Gardiner

Local Law No.         of the Year 2008

A Local Law to exempt certain applications from the provisions of Local Law No. 1 of the Year 2008, which enacted an amended Chapter 220 of the Code of the Town of Gardiner, entitled "Zoning Law of the Town of Gardiner, New York" ("Zoning Law").

Be it enacted by the Town Board of the Town of Gardiner as Follows:

SECTION 1. TITLE

This local law shall be known as "A Law Exempting Certain Applications from Local Law No. 1 of the Year 2008."

SECTION 2. AUTHORITY

            This Local Law is enacted pursuant to the authority of Municipal Home Rule Law Section 10, the Town Law, and in accordance with the Zoning Law of the Town of Gardiner, New York - Article XI entitled "Amendments." 

SECTION 3. PURPOSE AND FINDINGS

The purpose of this local law is to enable proposed development projects which have received a moratorium exemption from the Town Board pursuant to Section IV(D) of the moratorium (without regard to whether the Planning Board has yet to have acted on the application), a moratorium waiver from the Town Board pursuant to Section VIII of the moratorium (without regard to whether the Planning Board has yet to have acted on the application) or that have already received preliminary plat approval from the Planning Board to be reviewed and approved under the Zoning Law as it existed prior to the enactment of the zoning law amendments contained in Local Law No. 1 of the Year 2008. 

Some applicants have relied upon the pre-existing law in preparing subdivision or other applications and many of their applications have undergone considerable review and analysis.  The granting of preliminary plat approval by the Planning Board constitutes an acceptance of the plan as proposed and normally entitles the applicant to continue to develop a final plat in substantial compliance with the preliminary plat for approval by the Planning Board.  Without the adoption of this local law, Local Law No. 1 of the Year 2008 would have the effect, in certain cases, of rendering an approved preliminary plat that fully complied with prior law or a project proceeding under a moratorium exemption or waiver unapprovable under the new law.  Therefore, the Town Board wishes to recognize the substantial reliance of applicants who have received preliminary plat approval, a moratorium waiver or a moratorium exemption from the Town Board, while fulfilling the intent of said new law by requiring applicants who have not received preliminary plat approval to comply with the new zoning provisions.

SECTION 4.  EFFECT OF THIS LOCAL LAW

Any application for approval which has received a moratorium exemption from the Town Board, a moratorium waiver from the Town Board or preliminary plat approval from the Planning Board as of March 4, 2008 is not subject to the provisions of Local Law No.  1 of the Year 2008, and any approval or denial shall be based upon the Zoning Law as it existed prior to the adoption of said Local Law.   

This Local Law also acknowledges that the provisions of Local Law No. 1 of 2008 do not have the effect of repealing or modifying the Planned Development District ("PDD") issued to the Ohioville Acres Project on or about November 9, 2007, that the commercial lot in the PDD will be reviewed and processed under the Zoning Law as it existed prior to the adoption of said Local Law No. 1 of 2008 and the Zoning Map, in a future technical amendment, will be adjusted to acknowledge the existence and identify the location of the PDD.

Notwithstanding the preceding paragraphs, an applicant may elect to proceed under the provisions of Local Law No. 1 of the Year 2008 by so indicating in writing to the Planning Board at any time in the course of the application process.  If an applicant elects to proceed under the newly enacted Local Law, such applicant shall be required to fully comply with all provisions of said Local Law. 

The exemptions in this local law shall not apply to any application which has not yet received a moratorium waiver from the Town Board, a moratorium exemption from the Town Board, or preliminary plat approval from the Planning Board as of March 4, 2008 nor to any application for any other land use permit or approval, including but not limited to building permit, zoning permit, special use permit, or site plan approval.

SECTION 5. VALIDITY

            If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudicated invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Gardiner hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. 

SECTION 6. REPEAL

            All ordinances, local laws and parts thereof that are inconsistent with this Local Law are hereby repealed.

SECTION 7. EFFECTIVE DATE

            This Local Law shall take effect upon its filing in the office of the New York State Secretary.