Agenda - Council - 02/25/1997 - Laserfiche WebLink

Home

02×20/B7 17:10 h~W OP~ICE$ 2140 4~H ~ ~ 61~ 427 5543 N0.554 TO: Ramsey City Council FROM: william K. Goodrich, City Attorney Development Moratoriums DATE: February 25, 1997 The following is the procedure necessary to establish an Interim Ordinance establishing a development moratorium within the City, together with a discussion on relevant case law interpreting the Interim Ordinance statute. The purpose of an interim development moratorium is generally to prevent land developments which may be inconsistent with pending zoning changes and to preserve the zoning scheme pending full hearing and forraation of new comprehensive plan/zoning regulations. Authority The City does have the authority to establish a development moratorium pursuant to Minnesota Statutes 462.355, subd. 4. The critical provisions of the statute are: (1) The City must be conducting studies or have authorized studies concerning amendment of the comprehensive plan, or official contracts such as subdivision or zoning code amendments. planning citizens. The ordinance must be for the purpose of protecting the process and the health, safety and welfare of its (3) The ordinance may regulate, restrict or prohibit any use, development or subdivision. (4) The ordinance may be for a term not to exceed one year with option to extend'for an additional 18 months. (5) The geographical area affected by the moratorium may be all or any part of the City. (6) The ordinance may not halt or delay a subdivision which has been given preliminary approval prior to its effective date. "Preliminaz-y approval" is defined as official action taken by the City to create a subdivision which action establishes subdivision rights. "Preliminary approval" may be granted only after preliminary plat approval or ... other map or drawing establishing withou~ limitation the number, layout and location of lots locatin9 streets, roads, utilities ... and lands to be dedica~ for public use (emphasis added). I: I I I I I I I I I: I I I I I I I I