AGENDA #9b

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            Ralph D. Karpinos, Town Attorney

SUBJECT:       Background Information on Moratorium

DATE:             January 28, 2002

Attached are copies of previously distributed memoranda (and an excerpt from a recently published book) discussing issues pertaining to establishing a moratorium on development.

BACKGROUND

On January 14, 2002, the Council discussed the status of the Town’s work on a comprehensive new Development Ordinance for the Town.  A question was raised regarding whether there was a way to delay consideration of development applications while the Council continued to work on the new ordinance.  Enactment of a moratorium on development was identified as a possible means of achieving that goal. 

DISCUSSION

As mentioned at the Council’s January 14 meeting, a moratorium would be an interim amendment to the Development Ordinance.  A moratorium would be subject to the same procedural steps (including advertisement, recommendation by the Planning Board and Public Hearing) required for any other Development Ordinance amendment.  In addition, there would have to be sufficient substantive justification for the enactment of a moratorium.  These issues are discussed in the attached materials.

RECOMMENDATION

That the Council consider the attached materials and decide if it wishes to further consider enactment of a moratorium.

ATTACHMENTS

1. Memorandum: “Response to Petitions-US 15-501/Erwin Road/Sage Road Moratorium”, Sept. 24, 2001 (p. 3).
2. Memorandum: “Development Moratorium on Meadowmont Site”, Oct. 9, 1995 (p. 14).
3. Memorandum:  “Town Authority to Adopt a General Moratorium on Growth, October 13, 1993 (p. 22).
4. Article (by David Owens, Institute of Government): “Land-Use and Development Moratoria”, Popular Government, fall, 1990 (p.25).
5. Excerpt from Legislative Zoning Decisions, Legal Aspects, (by David Owens, Institute of Government), 2^nd Ed., 1999 (pp 67-68) (p. 31).