The Naperville City Council is expected in coming weeks to consider approving a second temporary moratorium on issuing of some building permits.
Greta Tameling, senior assistant city attorney in Naperville, said the move would correct a defect in the way the first moratorium was approved in February.
Tameling said a DuPage County Circuit Court judge ruled the city did not comply with state statutes in approving the measure, adopting it without a proper public hearing.
Tameling said the first moratorium remains in effect because the underlying issues have not yet been litigated. A second moratorium, a carbon copy of the first one and retroactive to February, would solve Naperville’s “technical deficiency” in the handling of the first ordinance, she said.
Naperville’s court scuffle is a result of legal action taken by the Northern Illinois Homebuilders Association. The group filed suit in January challenging the city’s road-impact fees.
Tameling said the second moratorium amounts to a procedural matter intended to solidify Naperville’s stance in the ongoing legal proceedings. Naperville restarted its process recently with a public hearing on the moratorium before the Plan Commission.
