Informal Opinion No.

Mark H. Petitte, Esq. Town Attorney, Otisco

You have asked whether a town board may authorize a moratorium on the establishment of junkyards within the town. You have explained that your town has no zoning or land use regulations or any other regulations dealing with junkyards.

Generally, a moratorium, also referred to as stop-gap zoning legislation, temporarily halts construction during revision of zoning regulations. The enactment of these temporary restrictions pending the adoption of a zoning plan is presumed to be a valid exercise of the police power where the restrictions are reasonable…