The bulk regulations in the Bulk Table shall be supplemented by and subject to the additional regulations and exceptions as set forth in this Article V.[1]
[1]
Editor's Note: The Bulk Table appears at the
end of this chapter.
A.
Additional required yard regulations.
(1)
Required front yards and maximum height. All required
front-yard depths in Bulk Table, Column D, and all maximum building
heights based on front lot lines in Bulk Table, Column H, shall be
measured from a line hereby established as the designated street line,
which shall be parallel to the street center line specified below
for each street classification established for each street on the
Official Map of the Village of Haverstraw.
|
Street Classification in § 245-4
|
Distance of Designated Street Line from
Street Center Line
(feet)
|
|---|---|
|
Major
|
40
|
|
Secondary
|
30
|
|
Collector
|
25
|
|
Local
|
25
|
(2)
Corner lots. Each lot line which abuts a street shall
be a front lot line, and the required yard along both lot frontages
shall be a required front yard. The owner shall elect, and so designate
on the plot plan, which of the remaining two required yards shall
be the required side yard and the required rear yard.
B.
If any lot is divided by a district boundary, the
part of such lot within each district shall be regulated by all the
bulk regulations of that district. The number of dwelling units for
each part of the lot shall not exceed the number permitted by the
district in which the respective part is located, and averaging of
dwelling units shall not be permitted. If a lot is divided by a zone
district boundary and such lot is capable of providing only a single
residential dwelling then such dwelling shall conform to the requirements
of that district which encompasses the majority of the land area of
the lot.
C.
Lots within 25 feet of boundary of a more restrictive
district. Where a lot line lies within 25 feet of the boundary of
a more restrictive district, the required yard and building height
requirement along such lot line shall conform to the minimum regulations
of said more restrictive district.
D.
E.
Spacing of buildings.
(1)
Spacing of residential buildings. No principal residential
building shall be closer to any other principal building on the same
lot than the height of the taller of the two buildings, provided that
the minimum spacing shall be 30 feet.
(2)
Location of detached accessory buildings. No detached
accessory building shall be closer to any principal building than
a distance equal to the height of such accessory building, and in
no event less than 15 feet.
A.
Small lots for single-family detached residences.
A lot, either owned individually and separately and separated from
any adjoining tracts of land on the effective date of this chapter,
or located in any part of a subdivision plat which has been given
preliminary approval by the Planning Board prior to such date, which
has a total area, lot frontage or lot width less than the minimum
required in the Bulk Table,[1] may be used for a single-family detached residence, provided
that such lot shall conform to the use regulations and all the other
bulk regulations except as follows:
(1)
For residential districts.
|
Lot Width
(feet)
|
Minimum Each Side Yard
(feet)
|
Maximum Reduction of Both Side Yards Per
Foot Less Than Required
(inches)
| |
|---|---|---|---|
|
75 to 60
|
10
|
6
| |
|
59 or less
|
7.5
|
6
|
[1]
Editor's Note: The Bulk Table appears at the
end of this chapter.
B.
Permitted obstructions in required yards, courts and
usable open space. All required yards, courts and usable open spaces
shall be unobstructed except as provided in this section. Since required
yards, courts and usable open spaces shall be open to the sky, an
obstruction shall include the projection of a structure into such
spaces at any level above ground.
(1)
An arbor, open trellis, flagpole, unroofed steps or
unroofed terrace, provided that said unroofed terrace does not exceed
one foot above ground level, or recreation or drying-yard equipment
shall be permitted in any required yard, court or usable open space
without limitation.
(2)
An awning or movable canopy may project not more than
10 feet; cornices or eaves may project not more than 18 inches; a
window sill or belt course may project not more than six inches into
a required yard, court or usable open space.
(3)
An open fire escape may project not more than six
feet into a required yard or court, but shall not project into any
usable open space.
(4)
Off-street parking spaces. No accessory off-street
parking space, including a garage, is permitted in a required front
yard. However, where by reason of exceptional topography it is impractical
to construct an accessory garage behind the required front yard, the
Zoning Board of Appeals may permit the construction of no more than
two enclosed parking spaces within a required front yard, accessory
to a residence. In determining the proper location for such facility,
consideration shall be given to traffic safety and the effect on nearby
property.
(5)
Corner lots. To ensure adequate sight distance, no
hedge, fence, wall or other visual obstruction over two feet above
adjacent street pavement and no accessory off-street parking space
shall be located within the triangular area prescribed by line connecting
the corner of the lot and point on each of the intersecting lot lines
forming said corner, located 25 feet from the corner. Shade trees
may be permitted, provided that foliage, branches, etc., do not obstruct
vision on any street.
(6)
Fences and walls. Except as provided in § 245-20B(5) above, a solid fence or freestanding wall not more than 4 1/2 feet in height is permitted along any lot line. Any such solid fence or wall over such height is permitted, provided that it is set back from the lot line a distance equal to 2/3 its height, except in a residential zone where all structures on the adjoining lots are at least 2/3 the height of the proposed fence from the lot lines. However, where screening is required by Village agencies or the provisions hereof, such height limitation shall be six feet without setback. A nonsolid fence not more than six feet in height is permitted along any lot.
[Amended 12-19-2011 by L.L. No. 3-2012]
(7)
Accessory buildings in required side or rear yards.
A building accessory to a single-family or two-family dwelling in
any district may be located in any required side or rear yard, provided
that:
(8)
Accessory buildings in required front yards. Where
necessary and appropriate, the Zoning Board of Appeals may authorize
the encroachment in a required front yard of any one of the following
as accessory to a commercial or industrial use in HB, CBD, PO, PI,
WD or M Districts, or to an institutional use in any district: one
dwelling unit for a caretaker; gate house; reception office; or watchman's
post, provided that such accessory building:
(9)
Location of loading berths. No accessory off-street
loading berth, whether open or enclosed, shall be located within a
required front yard.
C.
Permitted height exceptions. The height limitations
of this chapter shall not apply to:
(1)
Church spires, belfries, cupolas, domes, monuments,
observation towers, chimneys, smoke stacks, derricks, flagpoles, radio
towers, masts and aerials, where not used for human occupancy, and
where such structures do not extend more than 15 feet above the roof.
(2)
Rooftop stairwells, bulkheads, elevator penthouses,
water towers, fire towers, hose towers, cooling towers, air-cooled
or evaporative condensers, air-cooled or evaporative-cooled closed
circuit coolers, exhaust fans or other air-conditioning or heating
equipment; flagpoles, radio or television aerial, provided that such
features and equipment are set back from the edge of the roof at least
one foot for each one foot by which such features and equipment exceed
the maximum height otherwise specified for the district in which they
are located. Such features and equipment, in the aggregate, shall
not occupy more than 10% of the area of the roof of a building, shall
be consolidated into no more than two locations on the roof and shall
be visually screened with a material compatible with the color and
texture of the building walls or otherwise camouflaged.
(3)
Parapet walls or cornices which do not exceed the
maximum height requirements for the district in which they are located
by more than four feet.
D.
Small lots in the PI District. A lot in PI District,
owned individually and separately and separated from any adjoining
tracts of land prior to date of adoption of this chapter, whose lot
width is less than the minimum requirements set forth for Group M
in the Bulk Table shall be developed in conformance with the use regulations
and all other bulk regulations except that the total width of both
required side yards may be reduced one foot for each foot the lot
width is less than one hundred 125 feet, provided that no required
side yard may be less than 20 feet.
A.
Purpose. Development of the Palisades should take
into consideration the problems and potential inherent in this area's
unique natural features so that the resulting development will generally
enhance the character of the Village. The Mountain Protection Overlay
District was created to respond to the problems of construction and
maintenance of roads and underground utilities; drainage; soil stability
and erosion; fire and snow removal service; and to augment those areas
suitable for development on the steep slopes of the northerly face
of the Palisades, as well as to preserve the maximum amount of natural
features of the Village.
B.
The Mountain Overlay Protection District, M, bulk
controls are in addition to those of the present comprehensive zoning
districts of the Village. This district utilizes special review procedures
and applies special bulk regulations to mountainous areas.
C.
Use controls. The uses within the Mountain Protection
Overlay District are subject to the applicable use regulations of
the zoning districts of the subject parcels.
D.
Bulk controls.
(1)
Minimum lot areas. The minimum lot area for zoning
districts with existing slopes of more than 25% shall be twice the
amount that would otherwise be permitted on a site in the same district
with less than 25% slopes.
[Amended 6-19-1995 by L.L. No. 1-1995]
(3)
Setbacks. Setbacks to lot lines and between buildings
on the site shall not be less than the height of the nearest building
wall.
(4)
Height.
(a)
The height of structures shall be determined
by the Planning Board in order to achieve the preservation of natural
features and quality of adjacent neighborhoods and to reduce the problems
of construction and maintenance.
(b)
The height of buildings should not block the
view of uphill structures on adjacent properties.
(c)
The greatest height of any building shall be
150 feet below the top of the mountain ridge line of the Palisades.
(5)
Parking. Open parking shall not cover more than 12%
of the site.
(6)
Development review.
(b)
All development within the Mountain Protection
Overlay District shall be subject to site plan review procedures of
the Village Planning Board. The Planning Board shall request a review
by the Soil Conservation Service of the United States Department of
Agriculture for recommendations for soil stability and drainage.
(c)
When the Village Engineer deems the project
design to be complex or the adequacy of facilities to handle problems
of drainage, soil stability or other developmental problems is in
question, the project shall be submitted by the Village to a qualified
engineering firm for review. Said review shall be received within
30 days, unless the applicant and the Village mutually agree to an
extension. The applicant shall reimburse the Village for the cost
of such engineering review as set forth in the Village schedule of
fees.[2]
(d)
It is the intention of this chapter to preserve
the present and future natural features of the mountain. Therefore,
any Planned Industrial District within a Mountain Protection Overlay
District, or any plan or project affecting the face of the mountain
must be submitted to the Planning Board for approval. The Planning
Board may require a public hearing on the proposed project, subject
to the provisions of the Zoning Chapter and the Village Law.
[Added 8-11-2003 by L.L. No. 2-2003]
The purpose of the WPD Waterfront Planned Redevelopment
District is to facilitate the implementation of the Urban Renewal
Plan for the Village of Haverstraw Waterfront Urban Renewal Area and
the Village of Haverstraw Local Waterfront Revitalization Program
by permitting mixed uses properly sited and designed in accordance
with the Village's objectives as set forth in those plans.
A.
Zoning objectives. An Urban Renewal Plan for the Village
of Haverstraw Waterfront Urban Renewal Area (the "Waterfront Urban
Renewal Plan") was approved by the Board of Trustees of the Village
of Haverstraw, New York, and a map of the Urban Renewal Project Area
is attached hereto as Appendix I.[1] The WPD Waterfront Planned Development District is intended
to be mapped on land within the Urban Renewal Project Area, and the
boundaries of the WPD Waterfront Planned Development District are
as shown on the map attached hereto as Appendix II.[2] The objectives of the WPD Waterfront Planned Development
District are to provide for comprehensive redevelopment planning within
the Waterfront Urban Renewal Area and to encourage and permit the
development of the Waterfront Urban Renewal Project as established
by and defined in the Waterfront Urban Renewal Plan, which will result
in or accomplish the following:
(1)
The elimination of substandard, blighted, deteriorated
and deteriorating conditions within the Waterfront Urban Renewal Area.
(2)
The development of new multifamily housing to
support the downtown commercial center of the Village.
(3)
The development of new community and recreational
facilities to serve Village residents.
(4)
The preservation and enhancement of property
values within and in the vicinity of the Waterfront Urban Renewal
Area and provisions for the protection of neighboring areas from any
adverse impacts of redevelopment within such district.
(5)
The enhancement of public access to the Hudson
River waterfront.
(6)
The promotion of regional tourism and a cross
Hudson ferry service that support the downtown commercial center of
the Village.
(7)
The encouragement of water dependent and water
enhanced uses.
B.
Permitted land uses and land use controls. Except as otherwise set forth in this § 245-21.1, all of the use, bulk and dimensional regulations and off-street parking requirements for the WPD Waterfront Planned Development District, including, without limitation, those regulating the height, density and arrangement of buildings, shall be applied on an overall basis to the total area of the WPD Waterfront Planned Development District and shall not be applied to any individual lots or parcels within said District, notwithstanding the subdivision of the land within said District into two or more separate lots, parcels or development sites and/or the separate ownership of such lots, parcels or development sites and notwithstanding the construction of the Waterfront Urban Renewal Project in two or more stages or phases, provided that no development within the WPD Waterfront Planned Development District may take place except in accordance with a concept development plan approved by the Board of Trustees of the Village as set forth in subsection C, below, and attached hereto as Appendix II,[3] and approved site plans. The permitted land uses, bulk
and dimensional regulations and off-street parking requirements for
the WPD Waterfront Planned Development District are set forth below.
(1)
Uses permitted by right and permitted density
of development. The WPD Waterfront Planned Development District is
divided into five land use areas as shown and designated on the Map
of Land Use Areas in the WPD Waterfront Planned Redevelopment District
(the "Land Use Areas Map") approved by the Board of Trustees of the
Village in conjunction with the adoption of this § 245.21.1
and shown in Appendix III (attached hereto)[4] of this Zoning Chapter. The types of uses permitted by
right and the maximum density of development of such uses are different
in each land use area; provided, however, that in no event shall the
maximum aggregate density of residential development on all five land
use areas exceed 890 dwelling units, of which 5% of the total aggregate
number of dwelling units constructed shall be affordable rental housing
under Village guidelines. The land uses permitted by right and permitted
densities are as follows:
(a)
Land Use Area A.
[1]
Uses permitted by right; maximum
permitted density of development.
[a]
Multiple dwellings for rental or
sale having a clubhouse which may be made available for use by the
public and which may include concierge facilities, business offices
(for residents only), meeting rooms, recreational facilities, including
a pool, health and fitness facilities, and dry-cleaning drop off only;
maximum permitted development of dwellings: 490 dwelling units; maximum
permitted development of clubhouse: 15,000 square feet of floor area.
[b]
Office space and facilities within
multiple dwelling buildings and/or within the clubhouse for use by
residents of the multiple dwellings on a temporary, as needed basis:
maximum permitted development: 3,500 square feet of floor area.
[c]
Boat club, including boat hauling,
launching and mooring, and related uses such as boat service facilities,
equipment sales facilities, meeting rooms, locker rooms, and eating
and drinking facilities, including cafes and restaurants: maximum
permitted development: 10,000 square feet of upland floor area.
[d]
Water-dependent uses which are
not part of a boat club, including boat hauling, launching and mooring,
and related uses such as boat service facilities and equipment sales
facilities: maximum permitted development: 5,000 square feet of upland
floor area.
(b)
Land Use Area B.
[1]
Uses permitted by right; maximum
permitted density of development.
[a]
Multiple dwellings for rental or
sale with or without a clubhouse which may be made available for use
by the public and which may include concierge facilities, business
offices, meeting rooms, recreational facilities including a pool,
health and fitness facilities, dry-cleaning drop off only, and automatic
teller machines: maximum permitted development of dwellings: 250 dwelling
units; maximum permitted development of clubhouse: approximately 3,000
square feet of floor area.
[b]
Office space and facilities for
use by residents of multiple dwellings on a temporary, as needed basis:
maximum permitted development: 3,500 square feet of floor area.
[c]
Passenger ferry service with docking
facilities and related parking.
[d]
Water-dependent uses, including
boat club, boat hauling, launching and mooring, and related uses such
as boat service facilities and equipment sales facilities: maximum
permitted development: 10,000 square feet of floor area.
[e]
Temporary sales/rental center for
dwelling units under construction on Land Use Area A, B and C.
(c)
Land Use Area C.
[1]
Uses permitted by right; maximum
permitted density of development.
[a]
Multiple dwellings for rental or
sale: maximum permitted development: 150 units.
[b]
Restaurants with or without catering;
cafes; and inns for short-term lodging: maximum permitted development:
50,000 square feet of floor area.
[c]
Water-dependent uses, including
boat club, boat hauling, launching and mooring, and related uses such
as boat service facilities and equipment sales facilities: maximum
permitted development: 10,000 square feet of floor area.
(d)
Land Use Area D.
[1]
Uses permitted by right; maximum
permitted density of development.
[a]
Multiple dwellings for rental or
sale: maximum permitted development: 50 units.
[b]
A children's museum or similar
use: maximum permitted development: no maximum. "Similar use" shall
mean an educational or cultural facility that reflects the character
and interests of the Village, region and Hudson Valley and will enhance
the Village's tourist economy.
[c]
Municipal parking garage: maximum
permitted development: no maximum.
[d]
Retail uses: maximum permitted
development: 15,000 square feet of floor area.
[e]
Permanent municipal commuter ferry
docking facility with related parking and a combined ferry, fishing
and recreational pier: maximum permitted development: no maximum.
(e)
Land Use Area E.
[4]
Editor's Note: Appendix III is on file in
the Village offices.
(2)
Permitted accessory uses. Permitted accessory uses shall be all uses customarily accessory to uses permitted by right, including off-street parking and loading facilities and home occupations in multiple dwelling units subject to § 245-14F of this Zoning Chapter; provided, however, that home occupations shall only be located on the ground floor of a building.
(3)
Other bulk and dimensional regulations. In addition
to the maximum permitted densities set forth above, all uses in the
WPD Waterfront Planned Development District shall be subject to the
following regulations:
(a)
Development coverage.
[1]
Development coverage shall not
exceed the following:
[a]
For Land Use Area A: maximum 75%;
[b]
For Land Use Area B: maximum 75%;
[c]
For Land Use Area C: maximum 75%;
[d]
For Land Use Area D: as determined
by the Board of Trustees of the Village in connection with site plan
approval;
[e]
For Land Use Area E: as determined
by the Board of Trustees of the Village in connection with site plan
approval.
[2]
Provided, however, that in no event shall the total development coverage of the entire WPD Waterfront Planned Development District exceed 80%. For the purposes of this § 245-21.1, the term "development coverage" shall mean the percentage of ground coverage of a land use area by buildings and all other impervious surfaces.
(b)
Building height: maximum 60 feet except that
the first row of buildings located adjacent to the promenade shall
not exceed a maximum height of 43 feet. Architectural towers, gables,
parapets, cupolas and similar architectural features, elevator shafts
and bulkheads, stair bulkheads, cooling towers, mechanical equipment,
and chimneys shall not be included in the measurement of building
height, provided that such structure(s) shall not occupy more than
15% of the roof area in the aggregate of the building, nor be greater
than 15 feet in height, nor in any case be more than 10 feet above
a roof ridge. Further, in no instance shall such height exclusion
form a linear wall equivalent to more than 25% of the length of the
building outer wall dimension in aggregate.
(c)
Required yards: 10 foot minimum required front, rear and side yards for all uses, except in Land Use Areas A and B, where a minimum set back of 30 feet from the West Street and Maple Avenue rights-of-way is required. Additionally, in all instances buildings shall be set back a minimum of 45 feet from the shoreline except that along up to 20% of the shoreline of each land use area building may be set back a minimum of 30 feet measured laterally from the point of shoreline stabilization of any watercourse or water body, including the Hudson River. For the purposes of this § 245-21.1, the "point of shoreline stabilization" shall mean in the case of naturally occurring shoreline which is not retained, the mean high water line; in the case of vertical bulkheading, shoring or similar retaining structures, the top edge of such structures; and in the case of riprap or other dissipation structures, the top edge of such structures or where the riprap meets a horizontal grade.
(d)
Separation between buildings. All buildings
shall be separated by a minimum distance of 30 feet.
(4)
Off-street parking requirements.
(a)
Off-street parking for all uses shall be provided
in a combination of on-street and off-street parking facilities. At
least 85% of the parking required any use in the WPD Waterfront Planned
Development District shall be located within the boundaries of the
WPD Waterfront Planned Development District and the remainder may
be located outside of the District boundaries, subject to demonstration
by the applicant for site plan approval of adequate control over such
spaces. All off-street parking spaces, whether or not located within
the WPD Waterfront Planned Development District, shall be located
within 500 feet of the uses they are intended to serve.
(b)
The minimum number of parking spaces for any use in the WPD Waterfront Planned Development District shall be determined by the Board of Trustees of the Village in connection with an application for site plan approval under Subsection D of this § 245-21.1. In making its determination, the Board of Trustees of the Village shall be guided by the criteria set forth in Article VI of this Zoning Chapter as well as established planning criteria, including concepts of shared use and joint parking.
(c)
Each parking space within a parking structure
shall be 8 1/2 feet wide and 18 feet long, and each parking space
not located within a parking structure shall be nine feet wide and
18 feet long. Handicapped accessible spaces shall conform to the Americans
With Disabilities Act Accessibility Guidelines with regard to number
and size.
(5)
Miscellaneous land use controls. A continuous, publicly accessible municipally owned pedestrian trailway shall be created along the Hudson River waterfront in the WPD Waterfront Planned Development District. An applicant for site plan approval of a lot or parcel which contains land along the Hudson River waterfront shall be required to reserve a continuous right-of-way having a minimum width of 20 feet measured laterally from the point of shoreline stabilization (as previously defined in this section) of the Hudson River in which a minimum twelve-foot-wide paved public trailway shall be developed on that lot or parcel in accordance with the concept development plan approved as set forth in Subsection C below.
[3]
Editor's Note: Appendix II is on file in the
Village offices.
C.
Concept development plan. The development of any portion of the WPD Waterfront Planned Development District shall comply with the regulations set forth in this § 245-21.1 and shall conform in all material respects to a concept development plan for the Waterfront Urban Renewal Project ("concept development plan") approved by the Board of Trustees of the Village in conjunction with the adoption of this § 245-21.1 and shown in Appendix IV (attached hereto)[5] of this Zoning Chapter. The concept development plan may be amended by the Board of Trustees of the Village from time to time in accordance with § 245-35 of this Zoning Chapter.
[5]
Editor's Note: Appendix IV is on file in the
Village offices.
D.
Site plan and subdivision approval.
(1)
Before a building permit may be issued for any use in the WPD Waterfront Planned Development District, a site plan shall be approved in accordance with the provisions of § 245-16 of this Zoning Chapter as modified by the provisions of Subsection D. All or any portion of the land area within the WPD Waterfront Planned Development District may be subdivided either horizontally or vertically for purposes of sale, lease or mortgage and/or (to the extent permitted by law) tax lot creation without regard to any minimum lot area or to any other bulk of dimensional regulation set forth in this § 245-21.1 or elsewhere in this Zoning Chapter, provided that all lots, parcels or development sites so created shall in any event be developed and used only in accordance with the approved concept development plan and with an approved site plan(s). A subdivision plat shall be approved in accordance with the provisions of the Subdivision Regulations of the Village.[6] Notwithstanding anything to the contrary in this Zoning
Chapter, authority to approve site plans for uses and subdivisions
of land in the WPD Waterfront Planned Development District is vested
in the Board of Trustees of the Village.
(2)
Applications for site plan and subdivision approval.
(a)
Site plan approval may be granted for properties in the WPD Waterfront Planned Development District for which the applicant is the duly designated qualified and eligible sponsor of the Waterfront Urban Renewal Project (or any portion thereof) under General Municipal Law Article 15 or 15A. Any applicant for site plan approval shall submit a site plan(s) which materially conforms to the approved concept development plan. Site plans shall comply, as to content and completeness, with the specifications of § 245-16F of this Zoning Chapter.
(b)
An applicant for subdivision approval shall
submit a subdivision plat that complies, as to content and completeness,
with the Subdivision Regulations of the Village. All applications
for subdivision approval must reasonably conform to the approved concept
development plan. All applications for subdivision must be approved
by the Village Board of Trustees.
(3)
Referral of site plans and subdivision plats to the Planning Board. All applications for site plan approval and for subdivision approval shall be referred by the Board of Trustees, after a determination that the application is complete, to the Planning Board of the Village for its review and advisory report to the Board of Trustees. Within 62 days after the date of the referral to it, the Planning Board shall submit its report to the Board of Trustees, which may recommend modifications to the site plan and/or subdivision plat and/or conditions of approval of either. The Planning Board may, at its discretion, hold a public hearing on the application for site plan approval and/or the application for subdivision approval within the sixty-two-day review period. Notwithstanding anything to the contrary in this § 245-21.1, the failure of the Planning Board to submit its report to the Board of Trustees within the sixty-two-day review period shall not preclude the Board of Trustees from rendering its decision on the referred application.
[Added 7-19-2021 by L.L.
No. 10-2021]
A.
Purpose.
(1)
It is the intent of this Planned Redevelopment Incentive Floating
District (PRI) to provide performance criteria in the context of flexible
use and design regulations so that infill sites may be developed or
redeveloped, incorporating a variety of multifamily dwelling units,
businesses, and community facilities and amenities, which are planned
and developed as a unit. The PRI Planned Redevelopment Incentive Floating
District is authorized by Section 7-703-a of the New York Village
Law and is hereby enacted pursuant to such authorization. The PRI
is a floating district that may be affixed to parcels by the Village
of Haverstraw Board of Trustees, superseding the district shown on
the Zoning Map, as provided below.
(2)
The Village Board may approve a PRI which will achieve the following
objectives:
(a)
The creative use of land to establish a more desirable living
environment than would be possible through the strict application
of other sections of the Zoning Code.
(b)
Innovation, flexibility and variety in the type, design and
layout of mixed-use multifamily development living environments.
(c)
Increase the diversity and supply of quality multifamily housing
options in the Village.
(d)
Provide for an increase in opportunities for commercial development
within the Village, integrated with multifamily housing.
(e)
Maximize the provision of community, recreational, tax ratable
and other service facilities as integral parts of newly constructed
residential multifamily housing.
(f)
Create a development pattern in harmony with the planning objectives
of the Village, and consistent with the character of the proposed
PRI site's surroundings and neighborhood, without overburdening the
local road system, school district, or other Village infrastructure.
B.
Use and bulk standards, special permit and mapping.
(1)
The designation of a PRI by the Village Board supersedes the
use and dimensional specifications contained elsewhere in the Village's
Zoning Code, and instead the approved master development plan (MDP)
for the PRI site becomes the basis for permanent land use controls
for the designated parcel(s). Upon approval, the PRI shall be placed
on the Zoning Map and will reference the date of the approved MDP.
C.
Application procedure and approval process.
(1)
Application for a PRI Floating District to be applied to parcel(s) shall be made by a petition to the Village Board. The applicant shall prepare a proposed local law amending the Village Zoning Code as part of the petition. The application package shall include a PRI Site Master Development Plan, herein referred to as "MDP" conforming with the requirements of Subsection C(2) below, as well as supporting evidence conforming with the requirements of Subsection C(3) below.
(2)
The applicant shall submit an MDP, containing the following
information:
(a)
The MPP shall be signed and sealed by an architect, engineer
or land surveyor licensed in the State of New York.
(b)
The MDP shall be drawn to an engineering scale and contain the
date of last revision, north arrow and graphic scale.
(c)
The interior road or driveway system of all existing and proposed
rights-of-way and easements shall be provided and indicated as to
whether public or private ownership is proposed.
(d)
A conceptual footprint for each proposed structure shall be
drawn in plan view indicating the use of each building, including
the floor area and number of tenancies for nonresidential uses, the
number of dwelling units, bedrooms, form of ownership of proposed
residential dwelling units, and the square footage of spaces accessory
to residential dwelling units including recreational areas, assembly
spaces, storage spaces outside individual dwelling units, utility
areas, laundry, etc.).
(e)
Areas of proposed use outside of structures, including areas
for surface parking, recreation, public plazas, walkways, and utility
areas shall be designated, and any uses identified.
(f)
Proposed common open spaces shall be outlined on the MDP and
a narrative provided indicating how open spaces are to be owned and
maintained, whether they are to be accessible by the public, and the
permissible uses contemplated for the open spaces.
(g)
Proposed bulk requirements applicable to designated use areas
of the site, including building heights, setbacks and yards from proposed
site roadways or external existing Village roadways, coverage restrictions,
FAR calculations, separation between buildings, and any other bulk
constraints necessary to ensure site plans for component use areas
are consistent with the plan portrayed in the MDP.
(h)
The proposed water, storm and sanitary sewer systems shall be
shown and how they are proposed to be connected to the system of adjoining
areas shall be indicated.
(i)
If natural areas exist on the site, environmental characteristics
of the project site shall be shown, including topography, areas of
slope in excess of 30%, soils, flood zones, rock outcrops, streams,
swamps, lakes, ponds and other wetlands and all proposed alterations
of said environmental characteristics.
(j)
If the development is to be phased, the MDP shall provide a
clear indication of the phasing process at the time of application.
Dates of anticipated commencement and completion of the same shall
be identified prior to approval.
(k)
If the applicant is proposing off-site improvements, plans for
installation of the on-site improvements shall be provided, and/or
a narrative describing the extent and types of off-site improvements
being offered.
(l)
If the applicant is seeking density incentives, a calculation
of the sought density, and a description of how each incentive is
being met.
(m)
Conceptual elevations of proposed buildings in each use area,
and identification of general architectural or site design features
necessary to ensure compatibility with the character of the surrounding
neighborhood.
(n)
A vicinity map showing all tax lots within 1,000 feet of the
boundaries of the PRI Site, the road network serving the area, and
the existing zoning districts surrounding the area depicted.
(3)
To assist the Village Board in their evaluation of the merits of the PRI and compliance of the PRI Petition with Article IV, § 245-14T, the following supporting materials shall be provided:
(a)
A narrative description of the proposed project, including a
showing that the proposal is consistent with the official planning
objectives of the Village as described in the Comprehensive Plan and
LWRP.
(b)
Estimates of the projected population including the school-age
population.
(c)
A traffic impact study (TIS) by a licensed professional. Estimates
of peak-hour traffic generation derived from the proposed development
and identification of the proposed access locations shall be included,
as well as the capacity of existing streets and intersections in the
vicinity to handle projected increases in traffic from the development.
Identification of proposed traffic improvements to mitigate any moderate
or large traffic impacts shall be included. Required parking to meet
peak and 80th percentile demands shall be calculated, and the manner
of meeting peak and 80th percentile demands described.
(d)
A preliminary analysis of the fiscal impacts of designation
of a PRI on the development parcel shall be provided with the zoning
petition.
(e)
Documentation of the market need for the proposed project.
(f)
A completed New York State SEQR Full Environmental Assessment
Form, (FEAF) Part 1.
(g)
Any other information as the Village Board deems appropriate.
Nothing herein shall be construed to prevent the Village Board from
seeking additional information as it deems relevant.
(4)
Every petition for a PRI shall be accompanied by an application
fee consistent with the published fee schedule of the Village of Haverstraw.
(5)
Adoption of a PRI is subject to the same discretion as any zoning map amendment. Compliance with indicated purposes and objectives in Subsection A in no way compels the Village Board to designate the site for PRI. The Village Board, in its discretion, may reject any PRI petition which does not meet the purposes set forth in Subsection A above, or may impose reasonable conditions on an approved PRI as necessary, to assure conformance of the PRI with the intent and objectives of Subsection A above and the Village Comprehensive Plan and LWRP.
(6)
Upon finding the application to be complete, and prior to approving the PRI. the Village Board shall refer the application to the Planning Board for its review and recommendations. Such referral shall include the proposed petition; PRI MDP; and a Negative Declaration of Environmental Significance or an Environmental Impact Statement pursuant to 6 NYCRR 617. The Planning Board shall review the petition and MDP against the criteria in Subsection A, the purposes and objectives of the PRI, the Comprehensive Plan and the LWRP in making their recommendation regarding the mapping of the floating zone. The Planning Board shall also review the layout of the MDP as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the PRI should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the PRI could be improved in order to incorporate best practices of sustainable land development. The Planning Board shall provide its recommendations within 60 days of the request unless extended by consent of the Village Board.
(7)
At the same time that it refers the PRI Floating Zone District
application to the Planning Board for its review and recommendations,
the Village Board shall refer the petition for review and comment
to local, state, county, regional and federal agencies having jurisdiction,
for their review, including referrals pursuant to the General Municipal
Law.
(8)
Prior to approving any PRI Floating Zone District application,
the Village Board shall set a date and conduct a public hearing for
the purpose of considering an amendment to the Village Zoning Map
to apply the PRI Floating Zone district designation to the subject
property. This hearing shall also serve as the SEQR hearing, when
any DEIS is required.
(9)
Upon approval of the PRI Petition and PRI MDP by the Village
Board, and subsequent mapping of the approved PRI on the Village's
Zoning Map, the application shall be submitted for site plan and subdivision
(if necessary) review and approval by the Village Planning Board consistent
with the approved MDP, and with the Village Site Development Plan
Rules and Regulations for those details and elements not specifically
addressed in the MDP.
(10)
If an application for site plan approval for the PRI site is
not presented to the Planning Board within 12 months of the date of
approval of the PRI Floating Zone District designation by the Village
Board, or if no development is initiated on the site within 18 months
of the date of approval of the PRI site plan by the Planning Board,
the zoning of said parcel or parcels shall revert back to the zoning
district or districts prior to the PRI approval, unless an extension
is requested by the applicant and granted by the Board having jurisdiction.
D.
PRI site design standards.
(1)
The designation of a new PRI by the Village Board shall be considered
a Type 1 action pursuant to the New York State Environmental Quality
Review Act (SEQRA).
(2)
Minimum site area. The minimum area required for a PRI site
shall be 20,000 contiguous square feet. Nothing herein shall be deemed
to prohibit the assemblage of contiguous parcels to meet the minimum
required site area.
(3)
The PRI Floating Zone District may be landed and located anywhere
in the RC-1, RC-2, R-2, R-3, R1-T, PO, and CBD Districts, or in the
portion of PI District located east of Route 9W, north of Short Clove
Road and south of Main/New Main Street.
(4)
The following bulk standards for the shall apply to the PRI:
(a)
Residential density. The permissible base residential density
of a PRI shall be no more than 25 residential dwelling units per gross
acre of the PRI site.
(b)
Maximum height. The maximum height shall be four stories and
48 feet; however, five stories and 60 feet may be permitted under
limited appropriate conditions as determined by the Village Board,
such as for architectural towers located at property corners, or where
due to setback the higher portion of the structure would not to be
apparent to views from the street. Parking below the first floor shall
not be counted as a story, if located at least 50% below finished
grade.
(c)
Maximum development coverage (percent) shall be 90% of net lot
area.
(d)
Maximum front yard for new structures shall be 10 feet, or the
average of the existing front yards on either side of the PRI site,
whichever is less, except where a landscaped public plaza, courtyard
or open space is proposed along the street frontage. When such a public
plaza, courtyard or open space is provided, the maximum front yard
shall be no more than 60 feet or the lot width, whichever is less,
only for that portion containing the public plaza, courtyard or open
space. No parking shall be proposed between a structure in the PRI
district and a public street. Where a structure exists on the site
and does not conform to this standard, the Village Board may waive
this standard and authorize the reuse and or expansion of the existing
structure where doing so will conserve energy and resources, reduce
greenhouse gas emissions, and will not significantly negatively impact
the pedestrian realm along the street.
(e)
Minimum setback from lot lines other than street lines shall
be 20 feet for new principal structures and five feet for new accessory
structures and uses. Where a structure exists on the site and does
not conform to this standard, the Village Board may waive this standard
and authorize the reuse and/or expansion of the existing structure
where doing so will conserve energy and resources, reduce greenhouse
gas emissions, and will not significantly negatively impact adjoining
users.
(f)
Maximum number of bedrooms per unit: In order to reduce the
potential for impacts on public school district facilities and transportation
services, no unit shall contain more than three bedrooms and not more
than 20% of units shall be three-bedroom. The Village Board may constrain
this further based on a review of fiscal impacts when considering
a PRI petition.
(5)
Density bonuses. The following density bonuses may be applied to the maximum residential density in Subsection D(4)(a) above if the following amenities are provided and may be summed cumulatively if more than one incentive is provided (rounding up any fractional units greater than 0.500). However, in no event shall the residential density be greater than: maximum of 80 units per acre for any PRI site of one acre or less proposed for the CBD or PO zoning districts or a maximum of 65 units per acre for any other PRI site.
(a)
Green buildings - A density bonus of 20% of the base density
may be applied for units that are located within a proposed structure
eligible for Leadership in Energy and Environmental Design (LEED)
Green Buildings rating system Gold certification, Three Green Globes
certification by the Green Building Initiative, HUD Green Mortgage
Insurance Premium Reduction Certification, or equivalent standard
promulgated by a reputable green building certification service at
the sole discretion of the Village Board. The Village Board may hire
a qualified professional to review the green building technologies
being incorporated into the project to verify eligibility of the standard,
and the applicant does not necessarily need to receive certification
prior to approval of the MDP.
(b)
Solar energy - A density bonus of 20% of the base density may
be applied for units that are located within a proposed structure
with a minimum surface area of photovoltaic cells equal to 33% of
the roof area and located on a flat roof, not visible from street
level.
(c)
Historic preservation or adaptive reuse - A density bonus of
up to 30% of the base density may be applied in projects proposing
to preserve a significant portion of a building(s) or structure(s)
or adaptively reuse a building or structure identified by the Village
as being of significant historical, cultural, or architectural significance
in a manner that preserves the structure's value to the community.
The Village Board will be solely responsible for determining whether
this standard is met, but may request the advice of any qualified
Village land use board (including but not limited to the Planning
Board, Architectural Review Board, Landmarks Preservation Board) or
retain professionals to advise upon these matters. The Village Board
may award less than the full bonus where it believes that the structure
is only of partial value or is not being preserved to the maximum
extent practicable.
(d)
Infrastructure improvements - A density bonus of up to 30% of
the base density may be applied in projects proposing infrastructure
improvements, as negotiated by the Village Board for improvements
that are not directly needed, required or related to the development
of the proposed project but will be able to be utilized by the proposed
project's residents or will indirectly improve the project or its
site-related infrastructure. The value of infrastructure improvements
to meet this incentive shall be at least equal to six times the HUD
monthly fair market rent for the project. Infrastructure improvements
may include but are not limited to traffic, streetscape or water and
sewer system improvements. Where the Village Board finds that only
a portion of the value described herein is being met, it may grant
a partial incentive roughly equivalent to the portion of the value
being provided. By mutual agreement of the Village Board and applicant,
money in lieu of improvements may be provided.
(e)
Beautification and streetscape improvements - A density bonus
of up to 30% of the base density shall be provided in projects proposing
streetscape improvements or other community beautification of publicly
owned spaces of value equivalent to three times the HUD monthly fair
market rent for the project for improvements proposed on Main Street,
New Main Street, Broadway, Broad Street or Maple Avenue. Improvements
proposed to other streets must be equivalent to six times the HUD
monthly fair market rent. Streetscape or public improvements must
be performed within 500 feet of the proposed site, within the CBD
zoning district, or along streets connecting the project to the CBD
zoning district. Where the Village Board finds that only a portion
of the value described herein is being met, it may grant a partial
incentive roughly equivalent to the portion of the value being provided.
By mutual agreement of the Village Board and applicant, money in lieu
of improvements may be provided.
(f)
Public space - A density bonus of 15% of the base density shall
be provided in projects committing a significant portion of at least
5% of the PRI site area, or as otherwise negotiated by the Village
Board, of contiguous land to be used for public open space, community
gardens, public civic space, deemed a benefit to the community by
the Village Board, either by conveying the land to the Village for
such purposes or by other means such as covenants and deed restrictions.
The grant of this incentive in exchange for public space shall not
be deemed to relieve the applicant from providing its fair share of
public parkland or money-in- lieu thereof, should the Planning Board
determine that a proper case exists for requiring such parkland or
money-in-lieu in accordance with New York State Village law.
(g)
Environmental remediation - A density bonus of 15% of the base
density shall be provided in projects proposing environmental remediation
work conducted on site that is not already substantially subsidized
by state or other funding but is required in order for the development
to take place.
(i)
Incubator/fresh food market space - A density bonus of 10% up
to 25% of the base density shall be permitted in projects proposing
an on-site space for use by the Village as an incubator space, fresh
food market or other public benefit space, where the Village Board
finds that such a space would be of particular benefit to and appropriate
to the local neighborhood in which the PRI site is located. The density
bonus shall be 10% of base units for 2% of total interior floor area
or 2,000 square feet, whichever is greater. An additional bonus of
5% of base units shall be added for each additional 1% of total interior
floor area or 1,000 square feet, whichever is greater. The applicant
will enter into a gross lease with the Village for a term of no less
than 35 years, over which term the lease shall specify a monthly rent
not to exceed HUD Fair Market Rent (FMR) for an efficiency in Rockland
County for the first 2% of floor or 2,000 square feet of floor area,
whichever is greater, and 1/2 of FMR for each additional 1% or 1,000
square feet. The lease shall specify that the space is to be used
as a business incubator, fresh food market or other community beneficial
use acceptable to the Village Board and the applicant, and may establish
a range of acceptable uses where an incubator is proposed. The Village
may assign its lease or sublease the space to a reputable operator
(including but not limited to the Rockland County IDA, Chamber of
Commerce or State University of New York) or tenant to be approved
by the landlord. A fresh food market shall devote at least 50% of
its leased floor area to the sales of fresh foods such as fruit, vegetables,
nuts, grains, legumes, meat, fish and/or dairy products. Fresh food
markets may also have floor area devoted to the sale of prepared food
products, packaged goods, and or on-site consumption of products sold
on premises, but such areas shall not count toward the 50% requirement.
By mutual agreement of the Village Board and applicant, the space
to be leased to the Village in satisfaction of this incentive may
be located off-site if located within the CBD district and of equivalent
size to the on-site space to be provided.
(j)
Public parking - A density bonus of up to 30% of the base density
shall be provided in projects proposing on-site public parking spaces
which equal 50% of the required parking for the project in addition
to the full parking requirement. Subject to approval of the Village,
the landlord may offer such parking to the public for a reasonable
fee consistent with the fee assessed for public parking offered elsewhere
by the Village and subject to operating terms and allocation of economics
satisfactory to the Village. The Village may grant a partial and equivalent
bonus where less than 50% is provided. An additional 5% of the base
density may be granted where no less than five public parking spaces
are also provided electric charging stations, which shall be maintained
as an ongoing requirement of the certificate of occupancy.
(k)
Resident relocation - A density bonus of 15% of the base density
shall be provided in projects where, due to the circumstances of the
real estate transaction, displacement of tenants will be a consequence
of the redevelopment of a site or reuse of a building or structure,
and where the applicant has developed a relocation plan approved by
the Village Board that incorporates many or all of the following elements
or alternative assistance:
[1]
Designation of a relocation aid to assist current
tenants with relocation;
[2]
Affirmatively finding alternative residency within
the Town for tenants that have resided on the premises for a term
longer than 36 months;
[3]
Provision of notice 90 days prior to eviction/move;
[4]
Provision of monetary moving and packing assistance;
[5]
Assistance with transfer of utilities;
[6]
Considerations for temporary housing and storage
costs where replacement housing is not yet available;
[7]
Transportation costs as necessary for tenants to
tour alternative housing options;
[8]
Assistance with delinquent utility bills, which
would otherwise hinder the tenant from relocating;
[9]
A reasonable consideration to be paid where the
tenant cannot find equivalent housing at an equivalent or lower cost;
[10]
Designation and procedures for a municipal official
to oversee the process and resolve disputes.
(l)
Critical project - The Village Board may increase the eligible
percentage density bonus(es) by 50% and/or the base density bonus
by up to 50% where it determines in its sole judgment that the project
economics require higher densities and that the project is particularly
critical to the redevelopment of the Village by one or more of the
following reasons:
[1]
A demonstrated long and persistent history of vacancy
or blight at the subject site;
[2]
The current level of market interest in Village
redevelopment, particularly a relatively weak market interest would
merit more consideration;
[3]
The early timing of the project relative to the
redevelopment of Village sites subsequent to adoption of the 2021
Village Comprehensive Plan and the enactment of this section and the
ability for the project to serve as a "demonstration" project; and/or
[4]
The location of the property relative to the downtown
and the ability for the project to act as an "anchor" project for
added economic activity.
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The Village Board may apply the increases for a critical project to the percentage density bonus(es) for which the applicant has qualified, or to the based density, or to both, depending on the extent to which the project is determined to be critical to redevelopment. Additionally, the Village Board may increase either or both the base density and bonuses by less than the full 50%. It is understood that in the event the Village Board increases both the base density and qualified density bonuses, that the adjusted base density would serve as the basis for any additional bonus density increase thereby compounding the increase. The resulting density is still subject to the maximum density cap listed in § 245-21.2D(5).
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For example, in the event that a petitioner for a project located on two acres (25 x 2 = 50 units base density) qualifies for green building and streetscape density bonuses (20% + 30% = 50%), that petitioner would normally qualify for up to 75 units (50 x 1.5). In the event the Village Board also determines that the proposal qualifies as a critical project, the Village Board may a) grant only the increase to the density bonuses (50% increased to 75%) so that the standard base density remains at 50 units, and the density bonuses increases to 75% for up to 88 units (50 units x 1.75 = 87.5); b) grant up to a 50% increase to the base density only (50 units to 75 units) and the 50% standard density bonus provides up to 113 units (75 x 1.5 = 112.5); or c) grant density bonuses to both (50 units to 75 units and 50% to 75%) for up to 131 units (75 x 1.75 = 131.25). Even if the 50% bonus is awarded to both the base density and density bonuses as described in c), the project would be capped at 130 units (65 units per acre x 2 acres) if located outside of the CBD and PO zoning districts as required by § 245-21.2D(5).
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(6)
On-site parking requirements:
(a)
Residential focused PRI developments - where 80% or more of
net interior floor area exclusive of nonleasable floor area is devoted
to residential use shall be as follows:
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Residential
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Multifamily residences
(efficiency or one-bedroom)
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1.5 spaces per unit
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Multifamily residences
(two- to three-bedroom)
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2 spaces per unit
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Single-family dwellings
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2 spaces per unit
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Visitors
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For PRIs proposing fewer than 20 residential dwelling units,
an additional 10% shall added to the total parking requirement for
all residential uses.
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Commercial/Nonresidential
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Commercial/nonresidential uses
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3 spaces per 1,000 square feet of gross floor space
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(b)
Mixed-use PRI developments - Where less than 80% of net interior
floor area exclusive of nonleasable floor area is devoted to residential
use, the applicant may provide parking to meet the 80th percentile
parking demand as calculated by a qualified traffic engineer based
on the mix of uses and diverging peak demands of the uses proposed
therein. For the purposes of this floor area calculation only, live/work
space shall not be counted toward residential floor area. The Village
Board may retain a traffic professional in order to review such parking
calculations.
(c)
Off-site parking may be provided to meet the above requirements
if it is located on land in the same ownership as the PRI site and
within 300 feet of the PRI site perimeter.
(d)
Funds may be paid to the Village in lieu of providing required
off- street parking, at a per-space rate established by the Village
Board to be approximate to the construction cost of a surface parking
space including land, upon demonstrating that sufficient on-street
or other public parking is reasonably available for the use of the
PRI residents, without creating an adverse impact on the availability
of existing public parking for uses in the neighborhood.
(7)
Ownership. The land proposed for a PRI may be owned by one or
more persons or entities but shall be combined into a single PRI site,
and separate tax parcels may be merged as part of the approval process.
The application shall be jointly approved and consented to by all
record owners and by any contract vendee(s). Requirements of approval
by the Village Board shall be imposed jointly and severally on all
parties as appropriate under the circumstances. If the land within
the proposed development is to be owned by more than one person or
entity, the Planning Board shall require, as a condition of final
approval, the establishment of a governing regime sufficient to ensure
the safe and efficient functioning of the project as an integrated
development to the satisfaction of the Village Attorney.
(8)
Permitted uses.
(a)
Offices for professional, governmental and business use.
(b)
Supermarkets, food sales, liquor stores.
(c)
Retail pharmacies.
(d)
Banks.
(e)
Apparel stores, variety and stationery stores, office supply
and card stores, newspaper and bookstore, hardware stores, party supply,
toy and hobby stores, pet shops, retail electronic stores, home appliance
stores, jewelry and art shops, home furnishings and furniture stores.
(f)
Pick-up and delivery stores for dry cleaning.
(g)
Personal service establishments dealing directly with consumers
(such as barber shops and beauty parlors, tailor shops).
(h)
Photographic studios, copy and print shops, medical testing
and diagnostic facilities.
(i)
Restaurants, coffee shops, taverns, bakeries, delicatessens,
pizzerias, ice cream shops.
(j)
Health clubs and spas.
(k)
Any principal or accessory nonresidential use listed as an authorized
use in the R-1, R-1T, R-1C, R-2, R-3, CBD, or PO zoning district,
excluding:
(l)
Multifamily residences.
(m)
Single-family attached, detached and semi-attached structures.
(n)
Live/work spaces where work spaces are visible from and have
direct access to the street level.
(o)
Accessory uses, related and subordinate to the principal uses
of the PRI, including but not limited to storage and maintenance buildings,
recreation buildings and uses, clubhouses, management offices and
utility structures serving the PRI, may be approved by the Village
Board during their review of the MDP for the PRI.
(p)
Any accessory use to a residential use authorized in the R-1,
R-1T, R-1C, R-2, R-3, CBD or PO zoning district.
(9)
Other design standards.
(a)
There shall be a maximum of 100 feet of building length without
interruption or articulation.
(b)
Any story with direct at-grade access to Main Street, New Main
Street, or Broadway shall be used solely for commercial nonresidential
uses, and no story of the proposed structure or structures shall have
a floor area greater than two times the floor area with direct at-grade
access to those streets. Principal structures shall occupy at least
80% of the linear frontage along these streets.
(c)
Any ground floor stories with at-grade access to Maple Avenue
within 250 feet of New Main Street or Broad Street within 250 feet
of Broadway shall have at least 50% of its interior floor area devoted
to commercial nonresidential uses and no story of the proposed structure
or structures shall have a floor area greater than three times the
floor area with direct at-grade access to those streets.
(d)
Robust plantings and landscaping shall be required along streets
and property lines and internally when appropriate, as determined
by the Planning Board.
(10)
Site infrastructure, stormwater management and parking.
(a)
Stormwater quantity and quality measures, consistent with state
and Village requirements, shall be applied to any PUD project.
(b)
All electric, telephone, cable television, internet and similar
distribution lines shall be installed underground.
(c)
The developer shall provide all necessary fire hydrants, refuse
disposal facilities, water and sewer facilities, storm drainage, paved
road access, paved parking and loading facilities and off-street lighting,
making reasonable provision for utility service connections with adjoining
properties in other ownerships.
(d)
Parking and loading areas, refuse disposal facilities and other
accessory uses within the PRI development shall be located to be compatible
with nearby residential uses. Such uses shall be adequately screened
where adjacent to residential development. Entrances to parking areas
shall be located in a manner so as to be not visually obtrusive to
the public right-of-way.
(e)
All utilities and drainage facilities shall be built to the
approval of the Village Engineer.
(11)
Transportation and traffic.
(a)
The right-of-way and pavement widths for internal roads of the
PRI, off of the frontage street, shall be determined from sound planning
and engineering standards to be adequate and sufficient in size, location
and design to accommodate the maximum traffic, parking and loading
needs and the access of firefighting equipment and police or other
emergency vehicles.
(b)
A traffic impact study (TIS) is required prior to the adoption of a PRI pursuant to this § 245-21.2. During the site plan application approval process, the applicant shall provide any necessary traffic improvements identified in the TIS; and/or funds and land dedications to allow others to provide such improvements, that will be needed to mitigate any moderate or large traffic impacts identified through the SEQR process.
(c)
Sidewalks should be provided along the frontage of the PRI along
existing streets and on each side of any internal street or parking
area where residences or nonresidential buildings are proposed.
(12)
Governance. The Planning Board may require the creation an entity
or entities to govern the PRI or discrete portions thereof. Any such
formation documents shall be subject to the review and approval of
the Planning Board's Attorney. Such review shall be limited to ensuring
that the conditions of approval are maintained on an on-going basis
and shall not include Village approval of any other matters not directly
related to the approval conditions of the PRI. Provisions shall be
included to provide for the Village to enforce compliance with conditions
of approval should the homeowners' association or other private entity
fail to do so.
(13)
Performance guarantee. The Planning Board shall require that site improvements be secured by a performance guarantee consistent with § 245-16C(3).
Private swimming pools may be installed only
as accessory to dwellings for the private use of the owners or occupants
of such dwellings and their families and guests, and only in conformity
with the following requirements:
A.
Location. Such pool shall be installed in the rear
yard of the lot unless such premises shall be situated on a corner
lot, or in such similar situation as shall not provide for a rear
yard, per se, in which case such pool may be installed on such portion
of such lot as may be approved by the Code Enforcement Officer, observing,
insofar as is practicable, the bulk requirements set forth hereinafter
for rear yard installation.
B.
Fence required. There shall be erected and maintained
a good quality chain link, wire, wooden or other equivalent fence
of not less than five feet nor more than six feet in height, enclosing
the entire portion of the premises upon which such pool shall be installed,
and entirely surrounding the area in which such pool is located.
C.
Gate to be locked. Every gate or other opening at
the fence enclosing such pool, except an opening through the dwelling
or other main building of the premises, shall be self-closing and
shall be kept securely closed and locked at all times when such pool
is not in use.
D.
Natural screening. Adjacent to every side and rear
lot line within the rear yard area containing a swimming pool, there
shall be planted a protective living evergreen screen, not less than
two feet wide, designed and laid out with suitable plant material
which will attain and which shall be maintained at a height of not
less than six feet, so as to provide an effective natural screen along
such side and rear lot lines.
E.
Setback requirements. Such pool shall not be erected
closer than 10 feet to side and rear lot lines, all dimensions being
determined from the point of encroachment, such as raised decks, walks,
balconies, etc.
F.
Area limited. Such pool shall not occupy more than
40% of the area of the rear yard, excluding all garages or other accessory
structures located in such area.
G.
Height. No such swimming pool shall project more than
four feet above the average level of the ground surface surrounding
such pool, prior to any excavation or fill.
H.
No permit shall be granted for the installation or
construction of any private swimming pool unless the plans therefor
meet the minimum Village of Haverstraw Building Department construction
requirements, and until the owner of the premises shall have filed
with the Building Department a certificate by a professional engineer
licensed by the State of New York that the drainage of such pool is
adequate and will not interfere with the public supply system, with
existing sanitary facilities or with the public streets or adjacent
property.
I.
No loudspeaker device which can be heard beyond the
property lines of the premises on which a swimming pool has been installed
may be operated in connection with such pool, nor may any lighting
be installed in connection therewith which shall throw any illumination
beyond the boundaries of the lot where any such pool is installed.
J.
This section applies to all swimming pools with exception
to rubber or plastic pools which are less than 18 inches in height
and are merely laid on the ground without filtration and are of the
type generally used by children.
[Amended 1-17-2012 by L.L. No. 2-2012]
K.
Commercial and club pools as elsewhere defined herein,
shall comply with the bulk regulations of the zoning district in which
they are located.
[Amended 8-11-1997 by L.L. No. 4-1997]
Approval of plats; conditions for changes in
zoning provisions. The Board of Trustees, pursuant to § 7-738
of the Village Law, hereby empowers the Planning Board, simultaneously
with the approval of a plat or plats, to modify applicable provisions
of the Zoning Chapter, subject to the conditions hereafter set forth
and such other reasonable conditions as the Board of Trustees may
in its discretion add thereto. This authorization shall be applicable
only to lands zoned for residential purposes. The purpose of this
authorization is to enable and encourage flexibility of design and
development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities and to preserve the natural and scenic qualities
of open lands. The conditions hereinabove referred to are as follows:
A.
If the owner makes written application for the use
of this procedure, it may be followed at the discretion of the Planning
Board with the approval of the Board of Trustees, if, in the judgment
of said Board of Trustees, its application would benefit the Village.
B.
The application of this procedure shall result in
a permitted number of building lots or dwelling units which shall
in no case exceed the number which could be permitted, in the Planning
Board's judgment, if the land were subdivided into lots conforming
to the minimum lot size and density requirements of the Zoning Chapter
applicable to the district or districts in which such land is situated
and conforming to all other applicable requirements.
C.
In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the Planning Board and
subject to the conditions set forth by the Board of Trustees, in detached,
semidetached or attached structures.
D.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the Planning Board as a condition of plat approval shall establish
such conditions on the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes. It is required that such conditions shall
be approved by the Board of Trustees before the plat may be approved
for filing.
E.
The proposed site plan, including areas in which structures
may be located, the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed parking spaces and
streets, driveways and all other physical features as shown on said
plan or otherwise described, accompanied by a statement setting forth
the nature of such modifications, changes or supplementations of existing
zoning provisions not shown on said site plan, shall be subject to
review and public hearing by the Planning Board in the same manner
as set forth in § 7-725 and 7-725-a of the Village Law for
the approval of plats.
F.
On the filing of the plat in the office of the County
Clerk, a copy shall be filed with the Village Clerk, who shall make
appropriate notations and references thereto in the Village Zoning
Map.
G.
The provisions of this section shall not be deemed
to authorize a change in the permissible use of such lands as provided
in the Zoning Chapter applicable to such lands.
