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“When it comes to development, for far too long we see laws disregarded or broken – with no consequences,” Day said. “No more. Starting today there are going to be consequences. We are drawing the line.”
General Municipal Law requires towns and villages to comply with the findings of the County Planning Commissioner or file a reason why a decision has been made not to comply.
Failure to do so will result in the County not issuing permits for such uses as water and sewer connections, well permits, rooming house permits, drainage permits, road opening permits, issuance of new addresses and others.
He made the announcement in Ramapo, adjacent to the 197-acre Patrick Farm property where developers want to build 479 units, much of it over an aquifer. The County Executive was surrounded by community leaders, including Michael Miller of CUPON, Deborah Munitz of ROSA, Robert Rhodes of Preserve Ramapo and other residents as well as firefighters and County and town officials.
Certain circumstances trigger provisions under NY State General Municipal law that force a local municipality—a town or a village -- to send plans to the county planning department. This includes plans for a proposed zone change, a special permit, certain subdivisions, certain site plans and even changes to local laws.
Reviews are also triggered when a proposed development is near an adjacent municipalities or close to a county road, stream, wetland, park, etc.
If the county review requires modifications or is a disapproval, a super majority of the Town Board, Planning Board, or Zoning Board is needed to override the General Municipal Law findings
That means that a town or village can still allow development that does not comply with the law.
But the County will no longer go along with it unless the town or village states why it has reached a different conclusion.
“Sure, you can build a 479-home development over a crucial freshwater aquifer even though our Commissioner of Planning says no,” Day said. “But guess what? You will not be able to get water or sewer hook-ups for those homes. You will not be able to get addresses. You cannot open your road, you cannot get curb cuts for a driveway. Good luck with that.”
The new Executive Order applies to all of Rockland County.
“But all of us know that the problem with irresponsible, reckless development is for the most part contained to one town – Ramapo and its villages,” Day said. “We are at a turning point for the town of Ramapo. Let’s restore integrity to Ramapo. We want the county to be there for people of Ramapo who have been waiting years for a change.”
The order was developed at Day’s direction after a joint effort by many of County departments. County officials joined him for the announcement, including Deputy Commissioner of Health Catherine Johnson Southren, Commissioner of Planning Doug Schuetz, Director of the Office of Fire and Emergency Services Gordon Wren and County Attorney Tom Humbach, who was the author and architect of the order.
Local officials also attended, including Pomona Mayor Brett L. Yagel, Airmont Mayor Philip Gigante and Clarkstown Supervisor George Hoehmann, who is chairman of the Rockland County Sewer District Number 1.
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