PTC development moratorium gets first legal challenge

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PTC development moratorium gets first legal challenge

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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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