A.
The Town of Haverstraw is hereby divided into the
following districts, the respective symbol for each type of district
being set forth opposite its title:
|
Symbol
|
Title
| |
|---|---|---|
|
R-120
|
Rural Residence District
| |
|
R-40
|
Low-Density Residence District
| |
|
R-25
|
Low-Density Residence District
| |
|
R-15
|
Medium-Density Residence District
| |
|
RG
|
General Residence District
| |
|
RMH
|
Mobile Home Residence District
| |
|
CR
|
Commercial Recreation District
| |
|
PO
|
Professional Office District
| |
|
C
|
Commercial District
| |
|
PIO
|
Planned Industrial Office District
| |
|
WRD
|
Waterfront Recreation Development District
| |
|
PDD
|
Planned Development District[1]
| |
|
LA-17
|
Luxury Apartment Multifamily Residential District
[Added 3-8-2021 by L.L. No. 1-2021] |
[1]
Editor's Note: Added pursuant to L.L. No.
5-2006, adopted 6-26-2006.
The areas and boundaries of such districts are
hereby established as shown on a map entitled the "Revised Zoning
Map of the Town of Haverstraw," dated August 13, 1990, and referred
to herein as the "Zoning Map." Said Zoning Map, together with everything
thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included
at the end of this volume.
A.
Along rights-of-way. Where a district boundary is
shown following a street, parkway, public utility right-of-way or
railroad, the boundary is respectively the center line of such street,
parkway or public utility right-of-way, or a line located midway between
the main tracks of said railroad. Such boundary shall be deemed to
be changed automatically whenever the center line of such street,
parkway or public utility right-of-way is changed or said main railroad
tracks are changed if the new center line is not farther from the
old center line than 50 feet at any point.
B.
Along lot lines or municipal boundaries. Where a district
boundary is shown as following a Town or Village boundary line, a
property line, a lot line or a projection, or any one of the same,
such boundary shall be such landmarked or monumented line or projection
thereof. If such boundary is shown as separated from, but approximately
parallel to, any such landmarked or monumented line or projection
thereof, such boundary shall be deemed to be parallel to any landmarked
or monumented line or projection thereof, as the case may be, at such
distance therefrom as shown on the Zoning Map.
C.
Along streams. Where a district boundary is shown
as following a stream, other than the Hudson River, the boundary shall
be the center line of the main channel of such stream, and such boundary
shall be deemed to be changed automatically if the main channel of
such stream should change or be changed by natural or artificial means,
if such new center line is no farther from the old center line than
50 feet at any point.
D.
Map dimensions. In the absence of a specific distance
being indicated on the Zoning Map, the distance shall be determined
by using the map scale.
E.
Hudson River. Although not completely shown on the
Zoning Map, the area of the Hudson River within the Town shall be
an R-120 District.
F.
Physical markers. Where a street, highway, railroad
or other physical monument or marker on the ground by which a boundary
is determined varies from that as shown on the Zoning Map, the on-the-ground
physical monument or marker shall control.
G.
Angles of intersection. Where district lines intersect
with a street and where there is any change in the direction of a
district line, the angle formed shall be deemed to be 90° unless
otherwise specified.
After the effective date of this chapter, all new construction or development and every change, enlargement or relocation of use and every reconstruction or structural alteration of a building or nonbuilding use and every change in bulk shall conform to the use and bulk regulations of this chapter. All new buildings and all newly developed land and nonbuilding uses may be used for any purpose permitted or required by the regulations of the appropriate zoning district, and for no other purpose whatever. Existing nonconforming bulk may continue, subject to the regulations in Article X.
[Added 1-22-2001 by L.L. No. 6-2001;
amended 1-28-2002 by L.L. No. 1-2002; 4-11-2005 by L.L. No. 2-2005]
A.
Notwithstanding any inconsistent provision of any
local code, rule, regulation, law or ordinance, any Town board or
commission (reviewing board) where a permit or approval is required
by local law, rule, regulation or ordinance shall, before permitting
use of or construction on, under or adjacent to real property, require
the applicant to deposit funds with the Town sufficient to reimburse
the Town for all reasonable costs of planning, engineering, legal,
architectural, accounting and/or other consultants deemed appropriate
by each reviewing board utilized in connection with the review of
any application. At the time of the first hearing or appearance on
the application, the reviewing board shall fix the amount of the initial
deposit (escrow) to be made by the applicant. The Town's consultants
shall invoice the Town no less frequently than monthly for services
in reviewing each application and performing their duties with respect
to such application. If at any time during the review process the
amount of the escrow account falls below 50% of the initial escrow
(as determined by the reviewing board), then the applicant shall be
required to submit an additional deposit to bring the total escrow
up to the full amount of the initial deposit (as determined by the
reviewing board), unless the reviewing board otherwise waives such
requirement.
B.
In the event the amount held in escrow by the Town
is more than the amount of the actual billing or invoicing, the difference
between such amount and the actual billing or invoicing shall be promptly
refunded to the applicant after final action is taken on the application.
C.
In the event the amount of escrow is less than the
full amount actually charged by the Town's consultants, the applicant
shall promptly pay any remaining balance.
[Added 4-11-2005 by L.L. No. 2-2005]
All invoices for fees charged to applicants
by consultants shall be reviewed and approved by the Town as to reasonableness
before payment by the Town, and the applicant shall be provided with
copies of the invoices charged against the escrow deposit. In the
event an applicant believes that the charges invoiced are excessive,
the applicant may file a written protest to the Town Board, within
15 days of receipt of the invoice, questioning such invoice, and the
Town Board shall review the protest by the applicant and provide the
applicant with a written response within 15 days of receipt of the
protest.
[Added 4-11-2005 by L.L. No. 2-2005]
In the event an applicant fails to make any
escrow payment required and/or fails to pay the full amount billed
for consultant fees, the reviewing board shall adjourn any pending
application and/or withhold final approval until such payment is made.
In the event final approval has been granted and an outstanding balance
for consulting fees remains unpaid, the Building Inspector shall not
grant a building permit and/or certificate of occupancy until payment
of approved outstanding consulting fees has been made in full.
[Added 4-11-2005 by L.L. No. 2-2005]
A.
All laws, ordinances, rules and regulations of the
Town of Haverstraw are modified and superseded by this article with
respect to their application to fees which may be charged with respect
to applications for land use permitting or approvals.
B.
This article shall modify and supersede, with respect
to the properties covered thereby, the provisions of Article 16 of
the Town Law of the State of New York, Executive Law Article 42, and
Navigation Law Article 4 of the State of New York.
