Wednesday, January 30, 2002
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Wednesday, January 30, 2002 |
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PTC development moratorium gets first legal challenge By JOHN
MUNFORD
It took just over two weeks for Peachtree City to draw a legal challenge to its 90-day land development moratorium. The Home Builders Association of Midwest Georgia, Inc., which represents home builders and developers in the area, has filed suit in Fayette County Superior Court seeking an injunction against the city to keep it from implementing the moratorium. The suit, filed Monday, claims that the moratorium "represents an unauthorized exercise of police power under the Constitution and laws of the state of Georgia." The suit also claims that the moratorium will cause its association members "immediate and irreparable injury" and that the adoption of the moratorium was "unreasonable, capricious and arbitrary." The moratorium was approved by the Peachtree City Council in a 4-1 vote at a special called meeting Jan. 10; Dan Tennant was the only opposing vote. At the time, new Mayor Steve Brown argued the moratorium was necessary to give council time to update the city's land use and zoning ordinances, to thoroughly study the suggested changes to the city's land use plan, to make sure federal stormwater guidelines are followed and to revamp the city's landscaping requirements. A number of developers spoke at that meeting to oppose the moratorium, which forbids approvals of conceptual site plans, landscape plans and concept plats for new subdivisions by the Planning Commission. Developers and landowners whose plans are affected by the moratorium can appeal to the City Council for an exception so their development may proceed through the normal development process despite the moratorium. Since the moratorium was enacted, four committees have begun meeting to work on the city's land use plan, zoning regulations and proposed federal stormwater regulations . One committee is focusing solely on development ordinances relating to trees and landscaping.
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