S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7972

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Local Governments

AN  ACT to amend the general city law, the town law and the village law,
  in relation to establishing a temporary moratorium in matters of plan-
  ning and zoning

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that many towns, villages and cities have enacted temporary  mora-
toriums which prohibit landowners from making applications for otherwise
permitted  construction  or  land  development, obtaining review of such
applications or the issuance of some or all of the  following:  building
permits,  site plan approvals, special use permits, subdivision plats or
zoning changes, and determinations  by  zoning  boards  of  appeal.  The
legislature  further  finds that while the courts have sustained certain
of these actions, there has been no explicit statutory authorization for
these municipal moratoriums, which have been  intended  to  benefit  the
community  at  large  while impacting the property owners whose property
interests are directly  affected.  The  legislature  declares  that  the
absence  of  a  statute authorizing and regulating the enactment of such
moratoriums has created confusion and uncertainty as to  the  acceptable
scope,  duration,  adoption, appeal procedures and applicability of such
moratoriums. It is the legislature's intent  to  adopt  a  comprehensive
detailed  statutory  scheme  to  authorize municipalities to enact local
laws or ordinances that provide for municipal enactment  of  moratoriums
of  limited  duration  on  the issuance of some or all of the following:
building permits, site plan approvals, special use permits and  subdivi-
sion plats, and to establish the purposes for which such moratoriums may
be  enacted, and to establish appropriate limitations on their scope and
duration.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11747-01-1

              

A. 7972                             2

  S 2. The general city law is amended by adding a  new  section  82  to
read as follows:
  S  82. TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE LEGISLATIVE BODY OF
ANY CITY IS HEREBY AUTHORIZED TO ENACT, BY LOCAL  LAW  OR  ORDINANCE,  A
TEMPORARY  MORATORIUM  PROHIBITING  THE  ISSUANCE  OF  ANY OR ALL OF THE
FOLLOWING: BUILDING PERMITS, SITE PLAN APPROVALS, SPECIAL  USE  PERMITS,
SUBDIVISION  PLAT  AND OTHER LAND USE APPROVALS RELATING TO THE DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC  RESOURCE
AREAS  OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE CITY OR
ANY COMBINATION THEREOF.
  2. PURPOSE. A MORATORIUM  MAY BE ENACTED PURSUANT TO THIS SECTION AS A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR
  (D) CONDUCT LAND USE PLANNING STUDIES, IN ORDER TO PREPARE  OR  REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO  A  MORATORIUM  CAUSED  BY  THE NEED FOR TIME TO ENACT A LOCAL LAW OR
ORDINANCE TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING  PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF  THE  CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED REMEDY SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING THAT THE GOVERNING BODY OF  THE  CITY  WILL  COMPLETE  NECESSARY
PLANNING  STUDIES BY CITY EMPLOYEES OR BY CONTRACT WITH OUTSIDE CONSULT-
ANTS BEFORE THE EXPIRATION OF THE MORATORIUM SHALL ALSO BE ENACTED;
  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED THE GEOGRAPHIC SCOPE OF THE AREA AFFECTED BY  EITHER  THE  CONDI-
TIONS  CREATING  A PUBLIC HEALTH OR SAFETY EMERGENCY, ADVERSELY IMPACTED
PUBLIC FACILITIES, AN APPLICABLE NATURAL RESOURCE BOUNDARY OR THE  PLAN-
NING AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C)  STATE  WHETHER BUILDING PERMITS, SITE PLAN APPROVALS, SPECIAL USE
PERMITS, SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING  TO  THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.
  4. EFFECT. (A) NO BOARD OR AGENCY OF THE CITY SHALL GRANT APPROVAL FOR
AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT  OF  A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING OR OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT  SUBJECT  TO
THE  REFERRAL  PROVISIONS  OF  SECTION  TWO HUNDRED THIRTY-NINE-M OF THE
GENERAL MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO  LONGER  THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD REQUIRED TO
COMPLETE THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE  IMPOSITION
OF  SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT TIME
FOR DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY  PLAN-
NING STUDY SHALL NOT EXCEED ONE YEAR.  IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS  AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO THIS
SECTION. SUCH EXTENSION SHALL CONTAIN THOSE  LEGISLATIVE  FINDINGS  THAT

A. 7972                             3

REQUIRE  SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF AN
EMERGENCY DECLARED BECAUSE OF  CONDITIONS  AFFECTING  PUBLIC  HEALTH  OR
SAFETY  SHALL  BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL THE EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6.  EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE SHALL
PROVIDE FOR APPEALS FOR RELIEF DUE  TO  EXTRAORDINARY  HARDSHIP  TO  THE
LEGISLATIVE  BODY,  WHICH,  ACTING  IN AN ADMINISTRATIVE CAPACITY, SHALL
APPROVE, APPROVE WITH MODIFICATIONS OR DENY SUCH APPEAL WITHIN A  PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B)  THE  LEGISLATIVE  BODY  OF  ANY  CITY  MAY  PROVIDE THAT BUILDING
PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS AND  SUBDIVISION  PLAT
APPROVALS  RELATING  TO  THE  USE OR DEVELOPMENT OF REAL PROPERTY MAY BE
GRANTED BY THE APPROPRIATE CITY AGENCY OR ONLY BY SUCH LEGISLATIVE  BODY
PROVIDED  PUBLIC NOTICE IS GIVEN IN THE SAME MANNER AS WOULD BE REQUIRED
HAD SUCH MORATORIUM NOT BEEN  ENACTED  AND  FURTHER  PROVIDED  THAT  THE
APPROPRIATE  BOARD  OR SUCH LEGISLATIVE BODY SETS FORTH FINDINGS OF FACT
THAT SUCH ACTION IS NOT INCONSISTENT WITH THE GOALS  AND  OBJECTIVES  OF
THE MORATORIUM.
  S  3. The town law is amended by adding a new section 261-d to read as
follows:
  S 261-D. TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE LEGISLATIVE  BODY
OF  ANY TOWN IS HEREBY AUTHORIZED TO ENACT, BY LOCAL LAW OR ORDINANCE, A
TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE  OF  ANY  OR  ALL  OF  THE
FOLLOWING:  BUILDING  PERMITS, SITE PLAN APPROVALS, SPECIAL USE PERMITS,
SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING TO  THE  DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES  OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC RESOURCE
AREAS OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE TOWN  OR
ANY  COMBINATION  THEREOF, BUT SHALL NOT APPLY TO THE APPLICATION FOR OR
REVIEW OF SUCH APPLICATIONS OR APPEALS TO THE ZONING BOARD OF APPEALS.
  2. PURPOSE. A MORATORIUM MAY BE ENACTED PURSUANT TO THIS SECTION AS  A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR
  (D)  CONDUCT  LAND USE PLANNING STUDIES, IN ORDER TO PREPARE OR REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO A MORATORIUM CAUSED BY THE NEED FOR TIME TO  ENACT  A  LOCAL  LAW  OR
ORDINANCE  TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF THE CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED  REMEDY  SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING  THAT  THE  GOVERNING  BODY  OF THE TOWN WILL COMPLETE NECESSARY
PLANNING STUDIES BY TOWN EMPLOYEES OR BY CONTRACT WITH OUTSIDE  CONSULT-
ANTS BEFORE THE EXPIRATION OF THE MORATORIUM;
  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED  THE  GEOGRAPHIC  SCOPE OF THE AREA AFFECTED BY EITHER THE CONDI-
TIONS CREATING A PUBLIC HEALTH OR SAFETY EMERGENCY,  ADVERSELY  IMPACTED
PUBLIC  FACILITIES, AN APPLICABLE NATURAL RESOURCE BOUNDARY OR THE PLAN-
NING AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C) STATE WHETHER BUILDING PERMITS, SITE PLAN APPROVALS,  SPECIAL  USE
PERMITS,  SUBDIVISION  PLAT AND OTHER LAND USE APPROVALS RELATING TO THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.

A. 7972                             4

  4. EFFECT. (A) NO BOARD OR AGENCY OF THE TOWN SHALL GRANT APPROVAL FOR
AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT  OF  A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING OR OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT  SUBJECT  TO
THE  REFERRAL  PROVISIONS  OF  SECTION  TWO HUNDRED THIRTY-NINE-M OF THE
GENERAL MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO  LONGER  THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD REQUIRED TO
COMPLETE THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE  IMPOSITION
OF  SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT TIME
FOR DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY  PLAN-
NING STUDY SHALL NOT EXCEED ONE YEAR.  IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS  AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO THIS
SECTION. SUCH EXTENSION SHALL CONTAIN THOSE  LEGISLATIVE  FINDINGS  THAT
REQUIRE  SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF AN
EMERGENCY DECLARED BECAUSE OF  CONDITIONS  AFFECTING  PUBLIC  HEALTH  OR
SAFETY  SHALL  BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL THE EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6. EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE  SHALL
PROVIDE  FOR  APPEALS  FOR  RELIEF  DUE TO EXTRAORDINARY HARDSHIP TO THE
LEGISLATIVE BODY, WHICH, ACTING IN  AN  ADMINISTRATIVE  CAPACITY,  SHALL
APPROVE,  APPROVE WITH MODIFICATIONS OR DENY SUCH APPEAL WITHIN A PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B) THE LEGISLATIVE  BODY  OF  ANY  TOWN  MAY  PROVIDE  THAT  BUILDING
PERMITS,  SITE  PLAN APPROVALS, SPECIAL USE PERMITS AND SUBDIVISION PLAT
APPROVALS RELATING TO THE USE OR DEVELOPMENT OF  REAL  PROPERTY  MAY  BE
GRANTED  BY THE APPROPRIATE TOWN AGENCY OR ONLY BY SUCH LEGISLATIVE BODY
PROVIDED PUBLIC NOTICE IS GIVEN IN THE SAME MANNER AS WOULD BE  REQUIRED
HAD  SUCH  MORATORIUM  NOT  BEEN  ENACTED  AND FURTHER PROVIDED THAT THE
APPROPRIATE BOARD OR SUCH LEGISLATIVE BODY SETS FORTH FINDINGS  OF  FACT
THAT  SUCH  ACTION  IS NOT INCONSISTENT WITH THE GOALS AND OBJECTIVES OF
THE MORATORIUM.
  S 4. The village law is amended by adding a new section 7-705 to  read
as follows:
  S  7-705  TEMPORARY MORATORIUM. 1. AUTHORIZATION. THE LEGISLATIVE BODY
OF ANY VILLAGE IS HEREBY AUTHORIZED TO ENACT, BY LOCAL LAW OR ORDINANCE,
A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF ANY  OR  ALL  OF  THE
FOLLOWING:  BUILDING PERMITS, SITE  PLAN APPROVALS, SPECIAL USE PERMITS,
SUBDIVISION PLAT AND OTHER LAND USE APPROVALS RELATING TO  THE  DEVELOP-
MENT OF REAL PROPERTY. A MORATORIUM MAY APPLY TO ALL APPROVALS AND ISSU-
ANCES  OF PERMITS FOR CERTAIN TYPES OF DEVELOPMENT, TO SPECIFIC RESOURCE
AREAS OR ZONING DISTRICTS, OR THROUGHOUT THE ENTIRE AREA OF THE  VILLAGE
OR  ANY  COMBINATION THEREOF, BUT SHALL NOT APPLY TO THE APPLICATION FOR
OR REVIEW OF SUCH  APPLICATIONS  OR  APPEALS  TO  THE  ZONING  BOARD  OF
APPEALS.
  2.  PURPOSE. A MORATORIUM MAY BE ENACTED PURSUANT TO THIS SECTION AS A
REASONABLE, NECESSARY AND LIMITED RESPONSE TO:
  (A) EMERGENCY CONDITIONS AFFECTING PUBLIC HEALTH OR SAFETY;
  (B) PREVENT A SHORTAGE OF OR ADVERSE IMPACTS ON PUBLIC FACILITIES;
  (C) PREVENT ADVERSE IMPACTS UPON NATURAL RESOURCES; OR

A. 7972                             5

  (D) CONDUCT LAND USE PLANNING STUDIES, IN ORDER TO PREPARE  OR  REVISE
COMPREHENSIVE PLANS OR LAND USE REGULATIONS.
  3. SCOPE. A MORATORIUM LAW OR ORDINANCE SHALL:
  (A) INCLUDE SPECIFIC FINDINGS THAT JUSTIFY ITS ENACTMENT. WITH RESPECT
TO  A  MORATORIUM  CAUSED  BY  THE NEED FOR TIME TO ENACT A LOCAL LAW OR
ORDINANCE TO REMEDY AN EMERGENCY CREATED BY CONDITIONS AFFECTING  PUBLIC
HEALTH OR SAFETY, A DECLARATION OF EMERGENCY WITH A DETAILED DESCRIPTION
OF  THE  CONDITIONS CREATING THE EMERGENCY AND THE PROPOSED REMEDY SHALL
ALSO BE ENACTED. WITH RESPECT TO ANY MORATORIUM FOR PLANNING PURPOSES, A
FINDING THAT THE GOVERNING BODY OF THE VILLAGE WILL  COMPLETE  NECESSARY
PLANNING  STUDIES  BY  VILLAGE  EMPLOYEES  OR  BY  CONTRACT WITH OUTSIDE
CONSULTANTS BEFORE THE  EXPIRATION  OF  THE  MORATORIUM  SHALL  ALSO  BE
ENACTED;
  (B) STATE THE SPECIFIC BOUNDARIES TO WHICH IT APPLIES, WHICH SHALL NOT
EXCEED  THE  GEOGRAPHIC  SCOPE OF THE AREA AFFECTED BY EITHER THE CONDI-
TIONS CREATING A PUBLIC HEALTH OR SAFETY EMERGENCY,  ADVERSELY  IMPACTED
PUBLIC  FACILITIES,  AN APPLICABLE NATURAL RESOURCE BOUNDARY OR PLANNING
AREA ADDRESSED BY A STUDY DURING THE MORATORIUM;
  (C) STATE WHETHER BUILDING PERMITS, SITE PLAN APPROVALS,  SPECIAL  USE
PERMITS,  SUBDIVISION  PLAT AND OTHER LAND USE APPROVALS RELATING TO THE
DEVELOPMENT OF REAL PROPERTY ARE AFFECTED; AND
  (D) STATE THE DURATION OF THE MORATORIUM.
  4. EFFECT. (A) NO BOARD OR AGENCY OF THE VILLAGE SHALL GRANT  APPROVAL
FOR AN APPLICATION PERTAINING TO THE SUBJECT OF THE MORATORIUM.
  (B) NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO THE CONTRARY, ENACT-
MENT  OF  A MORATORIUM PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE
ENACTMENT OR AMENDMENT OF A COMPREHENSIVE PLAN, SUBDIVISION REGULATIONS,
ZONING OR OTHER LOCAL LAND USE LAW OR ORDINANCE, AND IS NOT  SUBJECT  TO
THE  REFERRAL  PROVISIONS  OF  SECTION  TWO HUNDRED THIRTY-NINE-M OF THE
GENERAL MUNICIPAL LAW NOR TO ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
VATION LAW AND ANY REGULATIONS ADOPTED PURSUANT THERETO.
  5. DURATION. A MORATORIUM SHALL TERMINATE AT THE TIME SET FORTH IN THE
LOCAL LAW OR ORDINANCE ESTABLISHING SUCH MORATORIUM, WHICH TIME SHALL BE
NO  LONGER  THAN  THE  EXPIRATION  OF  A  REASONABLE  PERIOD REQUIRED TO
COMPLETE THE STATED OBJECTIVE OR GOAL WHICH GAVE RISE TO THE  IMPOSITION
OF  SUCH MORATORIUM. THE DURATION OF A MORATORIUM ENACTED TO PERMIT TIME
FOR DRAFTING AN ENACTMENT OF A LOCAL LAW OR ORDINANCE WITHOUT ANY  PLAN-
NING STUDY SHALL NOT EXCEED ONE YEAR.  IN THE EVENT AN EXTENSION OF SUCH
MORATORIUM IS FOUND TO BE NECESSARY, SUCH EXTENSION SHALL NOT EXCEED SIX
MONTHS  AND SHALL BE ENACTED AS A LOCAL LAW OR ORDINANCE SUBJECT TO THIS
SECTION. SUCH EXTENSION SHALL CONTAIN THOSE  LEGISLATIVE  FINDINGS  THAT
REQUIRE  SUCH ACTION. THE DURATION OF A MORATORIUM ENACTED BECAUSE OF AN
EMERGENCY DECLARED BECAUSE OF  CONDITIONS  AFFECTING  PUBLIC  HEALTH  OR
SAFETY  SHALL  BE ONE YEAR, BUT MAY BE EXTENDED ANNUALLY UNTIL THE EMER-
GENCY IS FOUND BY THE LEGISLATIVE BODY TO NO LONGER EXIST.
  6. EXCEPTION TO MORATORIUM. (A) THE MORATORIUM LAW OR ORDINANCE  SHALL
PROVIDE  FOR  APPEALS  FOR  RELIEF  DUE TO EXTRAORDINARY HARDSHIP TO THE
LEGISLATIVE BODY, WHICH, ACTING IN  AN  ADMINISTRATIVE  CAPACITY,  SHALL
APPROVE,  APPROVE  WITH MODIFICATION OR DENY SUCH APPEAL WITHIN A PERIOD
OF NINETY DAYS FROM SUBMISSION OF AN APPLICATION.
  (B) THE LEGISLATIVE BODY OF ANY  VILLAGE  MAY  PROVIDE  THAT  BUILDING
PERMITS,  SITE  PLAN APPROVALS, SPECIAL USE PERMITS AND SUBDIVISION PLAT
APPROVALS RELATING TO THE USE OR DEVELOPMENT OF  REAL  PROPERTY  MAY  BE
GRANTED  BY  THE  APPROPRIATE VILLAGE AGENCY OR ONLY BY SUCH LEGISLATIVE
BODY PROVIDED PUBLIC NOTICE IS GIVEN IN THE  SAME  MANNER  AS  WOULD  BE
REQUIRED  HAD SUCH MORATORIUM NOT BEEN ENACTED AND FURTHER PROVIDED THAT

A. 7972                             6

THE APPROPRIATE BOARD OR SUCH LEGISLATIVE BODY SETS  FORTH  FINDINGS  OF
FACT  THAT SUCH ACTION IS NOT INCONSISTENT WITH THE GOALS AND OBJECTIVES
OF THE MORATORIUM.
  S 5. This act shall take effect immediately.