RESOLUTION NO. ___ OF 2026 OF THE WEBSTER TOWN BOARD TO ENACT LOCAL LAW No. 2 OF 2026 IMPLEMENTING A MORATORIUM ON CERTAIN PERMITS AND APPROVALS FOR CERTAIN DEVELOPMENT PROJECTS At a regular meeting of the Webster Town Board of the Town of Webster, Monroe County, New York, held at the Town Board Meeting Room, 1002 Ridge Road, Webster, New York on the 19th day of March 2026 at 7:30 p.m., there were present: Supervisor Alex Scialdone Councilman Nicholas Hunter Councilman John J. Cahill Councilwoman Jennifer S. Wright Councilman Garrett Wagner The following Resolution was offered by ___ and moved its adoption: WHEREAS, the Town of Webster has experienced growing development pressure in certain development districts and through certain development activities; and WHEREAS, the Town of Webster is currently reviewing and revising its Comprehensive Plan; and WHREAS, the Town of Webster desires to complete its review and potential revisions to the Comprehensive Plan and related zoning and planning laws; and WHEREAS, while completing revisions to the Comprehensive Plan and related zoning and planning laws, the Town of Webster desires to enact reasonable, temporary measures to halt certain development activities to maintain the status quo and protect the public interest; and WHEREAS, the Town Board has the authority pursuant to Article 10 of the Municipal Home Rule Law of the State of New York to adopt and amend local laws not inconsistent with law. NOW, THEREFORE, BE IT RESOLVED: That, pursuant to Section 20 of the Municipal Home Rule Law of the State of New York a Public Hearing shall be scheduled and conducted at a regular meeting of the Town Board of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road, in the Town of Webster on Thursday, April 2, 2026, at 7:30 p.m., to consider the following Local Law No. 2 of 2026:
Local Law No. 2 of the year 2026 A Local Law implementing a moratorium on certain permits and approvals for certain development projects. Be it enacted by the Town Board of the Town of Webster as follows: Section 1. Title This local law shall be known as “Local Law No. 2 of the year 2026, A moratorium on certain permits and approvals for certain development projects.” Section 2. Legislative Intent The Town of Webster has experienced growing development pressure in certain development districts and through certain development activities. The Town Board recognizes that temporary, reasonable measures must be implemented to halt these development activities within the Town to maintain the status quo and protect the public interest while the Town Board completes its review and potential revisions to the Town’s Comprehensive Plan and related zoning and planning laws. The Town’s Comprehensive Plan was last updated in 2008. Since that time, the Town has experienced tremendous growth and significant changes. The Town Board finds that the current comprehensive plan and zoning and planning laws are inadequate to protect and preserve the Town of Webster’s unique character and attributes while accommodating appropriate growth. The Town Board desires to ensure that the Comprehensive Plan is consistent with the desired growth and development of the Town. To assist in this matter, the Town Board has retained the services of a third-party consultant to review the Town’s Comprehensive Plan and to provide recommendations and amendments and to assist in drafting the updated Comprehensive Plan. It is expected that the draft Comprehensive Plan will be completed within the next six to seven months. Therefore, the Town Board has determined that this Moratorium should be adopted for a certain amount of time, as set forth herein, to accommodate the time needed to complete the update to the Comprehensive Plan and related changes to the Town’s zoning and planning laws, including all necessary public hearings, referrals to interested agencies, and filing of laws with the New York State Secretary of State. Section 3. Authority The Town Board enacts this Moratorium pursuant to its authority to adopt local laws under Article IX of the New York State Constitution, Municipal Home Rule Law Section 10, and the general powers vested with the Town of Webster to promote the health, safety, and welfare of all the residents and property owners in the Town of Webster.
Section 4. Definitions Unless otherwise defined in this Local Law, all terms used herein shall have the same meaning as defined in the Town of Webster Town Code. Section 5. Affected Properties and Development Activities This Moratorium shall be applicable only to the subdivision of land resulting in more than 4 parcels of land, large scale solar projects, data centers (“Development Activities”), and all real property located in the Town of Webster’s Office Park North District (O-P), Medium Intensity Commercial District (MC), High Intensity Commercial District (HC), CO Commercial Outdoor Storage District (CO), and Low Intensity Commercial District (LC-1 and LC-2) as identified on the Town’s Zoning Map last dated May 2021 (“Affected Properties”). Section 6. Scope Subject to any exceptions set forth in Section 6 herein, no board, commission, agency, department, officer, employee, consultant, or agent of the Town of Webster shall process, review, approve, hold a hearing or meeting, or make any decision upon an application and/or appeal for any new site plan, subdivision plan, or special permit during the duration of this Moratorium for any of the Affected Properties and Development Activities. Section 7. Duration This Moratorium shall expire without further action of the Town Board six months following the effective date hereof and thereafter shall be of no force or effect. However, the Town Board may, by resolution, extend the period of this Moratorium for up to two additional three-month extensions. Section 8. Exceptions This Moratorium shall not apply to any of the following: A. Development applications that have received Preliminary Site Plan or Special Permit approval as of the effective date of this Local Law. B. Development applications for the redevelopment or rehabilitation of existing structures. C. Development applications related to ordinary repairs, maintenance, or interior renovations. Section 9. Administrative Relief for Moratorium The Town Board is authorized to grant limited relief from this Moratorium pursuant to the standards set forth herein.
A. An application for relief from the terms of this moratorium may be submitted, with a $150 fee, to the Town Clerk. B. An applicant seeking relief from this Moratorium shall be required to demonstrate by clear and convincing evidence, including dollars and cents proof, that the applicant is unable to make any reasonable use of its property as a result of this Moratorium; that this Moratorium causes irreparable injury to the applicant; and that it would be unreasonable and unjust not to grant relief from this Moratorium. C. In the event relief from this Moratorium is granted by the Town Board, the applicant shall proceed to all other Town boards and/or employees to apply for all required approvals. Any application granted relief from this Moratorium shall be required to comply with all land use regulations and other requirements in effect as of the date of approval. Section 10. Suspension and Supersession of Other Law All local laws that conflict with the provisions of this Moratorium are hereby superseded and suspended for the Duration of this Moratorium. This Moratorium also supersedes, amends, and takes precedence over any inconsistent provisions of New York State Town Law under the Town’s Municipal Home Rule powers, pursuant to Municipal Home Rule Law §§ 10(1)(ii)(d)(3), 10(1)(ii)(a)(14) and 22. In particular, this Moratorium supersedes any inconsistent provisions of Article 16 New York State Town Law, including, but not limited to, New York Town Law §§ 267, 267-a, 267-b, 274-a, 274-b, 276), and 277. To the extent that any provision of law imposes a time frame for action by a municipal entity, board or body so that a default approval will result from inaction, the time for any action required by any agency or body of the Town shall be and is hereby extended until this Moratorium and all extensions thereof have expired. No default approval shall be deemed to have taken place regarding any application for any approval concerning land use development by reason of this Moratorium being in effect. Section 11. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by a court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions continue in full force and effect. Section 12. New York State Environmental Quality Review Act (SEQR). This Local Law constitutes a Type II Action under SEQR because it constitutes the adoption of a moratorium on land development or construction. As such, this action is not subject to review under SEQR. Section 13. Effective Date. This Local Law shall take effect immediately when it is filed with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Seconded by ___ and duly put to a vote, which resulted as follows: VOTE ON MOTION: Supervisor Alexander B. Scialdone Councilman John J. Cahill Councilwoman Jennifer S. Wright Councilman Nicholas E. Hunter Councilman Garrett J. Wagner
AYE/NAY AYE/NAY AYE/NAY AYE/NAY AYE/NAY
MOTION CARRIED/DENIED Enter: March 19, 2026 _________________________________ DANENE M. MARR Town Clerk Town of Webster