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Nov 01

Question 9: Why Can't the Town Stop Growth?

Posted on November 1, 2017 at 12:31 PM by Waxhaw Communications

QUESTION 9: Some have suggested that Waxhaw just stop all development until our roads catch up. Can we do that?

Regarding the moratorium on growth -- unless a town has a very strict requirement and traffic congestion or modifying a UDO is not one of them, by law,  a municipality is  not allowed to impose a moratorium. Municipalities must be able to identify and expressly state a serious problem or condition. We must be able to expressly state the alternatives we have considered that were not deemed adequate to resolve the conditions. And we must be able to state the courses of action to correct, modify, or resolve such conditions and a reasonable duration to resolve, typically within 60 days.

Closely related, it has been suggested as is done in other states “Can’t you just stop approving and issuing building permits?” The fact is the stopping of building permits is considered a type of moratoria, and thus against the law.