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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