Questions and Answers about the Building Moratorium

Questions about the moratorium? Here are answers from the Village of Scarsdale

2024 Scarsdale Land Use Moratorium FAQ

On November 14, 2023, the Scarsdale Board of Trustees introduced a proposed local law to enact a temporary six (6) month moratorium on certain land use applications within the Village’s residential zoning districts. There was a public hearing to discuss the proposed local law at the Board’s December 12, 2023 meeting. The public hearing was adjourned to January 9, 2024 with the intent to revise the language of the Moratorium local law before that date. The Board met on December 19, 2023 in a work session and came to an agreement on possible changes. A revised version of the Moratorium was then published by the Village on December 30, 2023. The public hearing was continued on January 9 and the local law was passed by the Board of Trustees later at the same meeting. The Moratorium is in effect until July 9, 2024, unless terminated earlier or extended. You can read the new law here.

This document is offered to the public in an effort to answer frequently asked questions which may arise. This document shall not be construed as legal advice, is not a substitute for the local law and is subject to revision.

1) I submitted my land use application on or before December 19, 2023, am I subject to the Moratorium?

NO, wholly exempt.

a) Any land use application (including special permits and building permits) approved, received, or pending on or before December 19 is entirely exempt from the Moratorium and is subject to the zoning and land use regulations in effect prior to the adoption of the Moratorium.
b) Such application may also be referred, heard, reviewed, and approved by other land use boards to secure other approvals necessary to complete the project as well as receive reasonable approval extensions.
i) For example, an application submitted to the planning board on or before December 19, 2023, may then move on to the Board of Architectural Review, the Board of Appeals, or Committee for Historic Preservation for additional approvals as needed.
c) Note: One proceeds at their own risk and may have to comply with any adopted zoning amendments unless 1) work is completed; 2) substantial construction as determined by the Building Inspector has occurred; or 3) the adopted zoning amendment exempts compliance for previously approved projects and issued permits.

2) I submitted my land use application after December 19, am I subject to the Moratorium?

YES.

3) Can I submit a land use application now?

Land use applications will not be accepted for review pursuant to Section 6 of the Moratorium, unless the application falls under one of the exceptions set forth in Section 7 or, receives a variance or waiver according to the hardship appeal procedure established in Section 8. Please see Section 6 of the Moratorium for which types of land use applications are temporarily prohibited from being accepted, reviewed, and approved while the Moratorium is in effect.

4) What are some of the exceptions to the Moratorium?

(a) Any repair, maintenance and/or interior or exterior renovation/alteration may proceed as per Section 7(I) if it does not increase lot coverage or stormwater runoff. However, pursuant to Section 7(I), exterior alterations which are estimated to cost more than $50,000 will be referred to the Interim Review Committee for the review process set forth under Section 7(L)(d). Please note that exterior alterations requiring substantial demolition are generally not allowed. Those requiring less than substantial demolition could proceed as per Section 7(I) as well as compliance with an expedited historic review process as per Section 7(L)(d). The Village Building Department will determine, on a case-by-case basis, if an applicable exemption applies.
(b) Applications that increase building footprint may still proceed if the new construction or expansion / addition meets the modified setbacks, FAR, Building and Lot Coverages in Section 7(L), do not require a stormwater connection to the Village’s system and comply with the historic review process in Section 7(L)(d) (if applicable). For example, the addition of a 2nd floor which does not increase lot coverage or stormwater runoff may proceed if the project otherwise complies with the Moratorium.

5) Can I make an addition to my home?

Yes, if the project complies with Section 7(L) of the Moratorium. Additionally, the regulations set forth in Section 7(L) of the Moratorium are temporary and do not make existing properties non-conforming in any way. These temporary regulations are intended to allow some new construction or additions to be built during the Moratorium. However, any new construction or addition which will increase the footprint of a building must comply with these temporary regulations.

6) Will a permit to demolish an existing house be granted during the Moratorium?

Generally, no. Pursuant to Section 7(J) of the Moratorium, the Building Department may only issue demolition permits to redress a casualty loss or a home that suffered catastrophic damage provided that any new construction does not increase the footprint or bulk of what existed previously. Demolition of less than 50% of a home may proceed if the project complies with Section 7(L) and receives approval from the Interim Review Committee established under Section 7(L)(d).

7) What about fences and generators?

Sections 7(H) and (M) exempt the installation of generators and fences from the Moratorium.

8) Can I resurface my driveway?

Yes, pursuant to section 7(I) provided the footprint of the driveway is not expanded or pursuant to Section 7(L) if you also comply with the lot coverage requirements in Section 7(L).

9) Does the Moratorium apply to special use permits for swimming pools and tennis courts?

Yes, unless an application meets the criteria established in Section 7(L). If it does, then a request for a special use permit may proceed to the Zoning Board of Appeals who shall consider any such applications accordingly.

10) Will Stormwater and Erosion Control (SWEC) permits be issued during the Moratorium?

Yes, but only in connection with a project that falls within one of the exemptions set forth under Section 7 of the Moratorium.

11) Will applications for subdivisions be processed during the Moratorium?

Yes, Section 7(N) provides that an application for a subdivision may proceed to the Planning Board if it complies with Section 7(L).

12) I have plans to slightly expand my home. This will include a very minor amount of demolition and exterior work. Am I permitted to proceed?

Possibly, subject to compliance with Section 7(L). Such determinations will be made on a case-by-case basis by the Village Building Department.

13) What is the “hardship appeal” process previously mentioned?

a) Any owner who believes that the Moratorium has imposed an unreasonable hardship upon them may apply to the Village Board of Trustees for a waiver or variance of the Moratorium’s application.
b) It is the applicant’s responsibility to show that the Moratorium has imposed an unreasonable hardship upon them personally. The applicant must also show that the granting of the variance or waiver will not materially undermine the purpose of the Moratorium or adversely affect the interests of the health, safety, or general welfare of the community. The Board of Trustees will make each “hardship” appeal determination on a case-by-case basis.
c) Any such application for a “hardship” variance/wavier must be submitted to the Building Department as well as comply with all other applicable provisions of the Village Code and State law.
d) All “hardship” appeal applicants must pay the requisite fee or escrow amount for processing and reviewing the application. The applicant may also be responsible for paying the reasonable costs of any consultant that the Board of Trustees retains to assist in reviewing the application. The Board of Trustees are required to make a final decision on the “hardship” appeal within sixty (60) calendar days of receipt of a complete application.