[Added 1-29-2002 by L.L. No. 1-2002]
The Town Board of the Town of Orangetown determines that the title of this proposed local law shall be "Article XIII, Route 303 Overlay Zoning District."
A.
The Route 303 Overlay Zoning District is the culmination of a two-year
study process, including the recent planning focus on the lower Hudson
River Valley by state and federal agencies and, specifically, the
Route 303 Sustainable Development Study. Each of these studies, as
presently drawn or drafted, emphasizes the unique character of the
lower Hudson Valley, including Orangetown, in terms of the region's
history, landscape, and natural features. Additionally, the studies
have highlighted the need to balance economic growth and quality of
life issues within the Hudson River Valley.
B.
The Route 303 Sustainable Development Study is a study of State Highway
Route 303 in Orangetown coordinated jointly by the New York State
Department of Transportation, the New York Metropolitan Transportation
Council, the County of Rockland and the Town of Orangetown. Route
303 is a state roadway with specific transportation characteristics
that define its operation in terms of capacity, speed and safety.
The purpose of this study was to develop transportation improvements
addressing safety and traffic issues and land use recommendations
concerning quality of life issues. A key component of this study was
a very proactive public outreach approach that included shared decision-making.
The final product of the Route 303 Sustainable Development Study will
be a plan that incorporates roadway, transportation, engineering and
planning recommendations to improve the roadway's operation and aesthetics.
C.
The public outreach process included a series of meetings and workshops
designed to solicit input and feedback from the Citizens Advisory
Committee formed for this study, residents of specific neighborhoods,
businesses along Route 303 and the general public. The results of
each meeting were well documented and distributed to the study team
partners and the public.
D.
The Overlay Zoning District is based in part on this public outreach
process as well as technical input from the Technical Committee. The
recommendations that emerged from the public outreach process emphasized
the strong and interconnected relationship between land use and transportation.
E.
The Route 303 Plan seeks to create a balanced and sustainable approach
to transportation and development in the corridor by addressing transportation
improvements while at the same time creating land use control mechanisms
that can address the environmental and aesthetic issues specific to
visual quality, particularly as to the viewshed and character of the
forested state, county and Town parks and the mountains, ridges or
hills constituting the western slopes of the Palisades as located
immediately to the east of the Route 303 corridor.
F.
In addition, these transportation elements affect overall community
character and quality of life for residents and business owners in
the corridor, Town and region. The land along the road corridor is
a mix of private and public lands, and residential and commercial
uses. These uses currently affect roadway operations; future build-out
can greatly influence both the transportation aspects of the road's
function and the visual character of the roadway, adding to or detracting
from the overall character of the community. The areas and viewsheds
to the east of Route 303 are particularly important because of the
presence of the western portions of the Palisades, including Clausland
Mountain and other mountains and hills which comprise a string of
segmented parks, including several state, county and Town parks. The
state, county and Town parks involved specifically include Buttermilk
Falls County Park, Schuyler Town Park, Blauvelt Interstate Park, Tacamack
Town Park, Clausland Mountain State Park. Clausland Mountain County
Park.
G.
The Sparkill Creek which drains the western portions of the foregoing
parks is also deserving of special protection as are other proposed
open space areas under consideration for acquisition by the County
of Rockland or the Town of Orangetown. The Open Space Protection Initiative
of the Town of Orangetown has resulted in a progressive effort at
preserving the integrity of the Palisades ridgeline. In addition to
ensuring a visual and biologically diverse corridor along the ridgetop,
the efforts of the Town of Orangetown have linked Town, county and
state parklands, and safeguarded the "Long Path." In preserving the
natural, historic and recreational resources of the region, the Town
of Orangetown has extended itself to the benefit of the residents
of the Town and also to the benefit of all residents of the Lower
Hudson Valley.
H.
The Hudson River Valley Natural Heritage Area encompasses five counties
on both sides of the Hudson River, including Rockland, and portions
of five more, as designated by the United States Congress. The mission
of this federal initiative is to preserve and interpret the historic
and environmental heritage of the Hudson River Valley and to promote
controlled growth. The Hudson River Valley National Heritage Area
is managed by the Greenway Conservancy for the Hudson River Valley,
a public benefit corporation, and the Hudson River Valley Greenway
Communities Council, a state agency.
I.
New York State's Hudson River Valley Compact Greenway Program was
created to develop a regional strategy for preserving the scenic,
natural, historic, cultural and recreational resources of the Hudson
River Valley while promoting compatible economic development. The
Town of Orangetown passed a resolution supporting the five Greenway
criteria: protection of natural and cultural resources, support of
regional planning efforts, promotion of sustainable economic development,
promotion of public access to the Hudson River and promotion of heritage
and environmental education.
J.
The goals of the Hudson River Valley Greenway Act of 1991 created
a process for voluntary regional cooperation among the 242 communities
in the 13 counties in the Hudson River Valley that are included in
its territory. Rockland County is currently developing a regional
planning compact that addresses the Hudson River Valley Greenway Communities
Council's criteria to promote natural and cultural resource protection,
regional planning, economic development, public access and heritage
and environmental education. The local communities and municipalities,
Governor Pataki and state agencies, private partners and the federal
government are investing hundreds of millions of dollars in the Hudson
River Valley. The Greenway Act is an innovative effort to preserve
the natural, historic and recreational resources of the region.
K.
The Palisades Interstate Parkway, which runs through Tappan, provides
two entrances and two exits onto Route 303 in which are significant
open spaces. The Town's vision is fully supported by the Palisades
Interstate Park Commission. The Palisades Ridge spans two states and
three counties, and may be the single most visible natural resource
on the west shore of the lower Hudson River. The New York State Office
of Parks, Recreation and Historic Preservation announced in May 2000
that the Palisades Interstate Parkway from the George Washington Bridge
north to the Queensbora Circle east to the Bear Mountain Bridge and
west to N.Y. Route 293, has been listed on the National Register of
Historic Places. The National Register is the nation's official list
of properties worthy of preservation. The importance of this roadway
and adjoining buffers was reinforced with the release of the Palisades
Interstate Parkway New York State Scenic Byway Corridor Management
Plan funded by the New York State Department of Transportation. The
first goal of the management plan is to "preserve and enhance the
quality of the existing historic parkway character and scenic byway
corridor."
L.
The Comprehensive Plan project which has been ongoing in the Town
of Orangetown has now completed a draft plan; that plan recognizes
that the planning process for the portion of the Town which lies within
the overlay zone are to be evaluated on a parallel but independent
basis under the provisions of this ordinance.
M.
The overlay zone will promote the natural environment and vistas
that serve as home to the Town. These land use initiatives complement
the Town's vision, as well as the vision of the Route 303 Sustainable
Study, as expressed, inter alia, in the visioning instrument. The
current and future use of land in the corridor is to be controlled
and regulated by the Town of Orangetown, in large measure, through
its zoning and other land development regulations. In addition, a
special Tappan Historic Area District deserving of special protection,
based upon historical occurrences during the Revolutionary War, extends
along or parallel to the eastern and primarily western portions of
Route 303 south of Kings Highway.
N.
Furthermore, in evaluating the areas which fall within the boundaries
of the Route 303 Overlay Zone, the following unique and singular factors
deserve considerable recognition:
(1)
Washington Street and Oak Tree Road in the hamlet of Tappan
lead westerly for a short distance (approximately 1/2 mile) to the
DeWint House, a pre-Revolutionary War residence and farmstead which
was occupied by George Washington on several occasions as his headquarters
during the Revolutionary War; the nearby site of the detention of
Major John Andre is also noteworthy;
(2)
Kings Highway is a pre-Revolutionary/colonial road which extends
along and intersects with Route 303 at two locations in Tappan and
Orangeburg;
(3)
Mountainview Avenue and Greenbush Road, by name, epitomize the
scenic nature of Route 303, overshadowed as it is by Clausland Mountain,
an accompanying chain of state, county and Town parks extending to
Route 303 along the Palisades ridgeline;
(4)
Erie Street, by name, emphasizes the proximity of the Erie Railroad,
the first railroad in New York State, west of the Hudson River, which
right-of-way is now abandoned and should be available for Rails-to-Trails
and bicycling to the east and west of Route 303;
(5)
The original name of the New York State Route 303 is Vriesendael
Road, reflecting in part the historical ties of the area to its original
Dutch settlers; "Vriesendael" is purportedly the early Dutch name
of certain settlers in the area; and
(6)
Significant portions of the area are touched by the Sparkill
Creek which, in part, drains the western portions of the Clausland
Mountain and the Palisades ridgeline, as well as areas to the east
of Route 303. The Sparkill Creek meanders in a southerly direction,
in many instances paralleling Route 303. "Sparkill" is also an early
Dutch word.
O.
The Town of Orangetown has determined that an overlay zone district
will best reflect the plan's recommendations and meet the environmental,
aesthetic and community character issues which have been identified
and described in general terms in this introduction and history. The
overlay zone district will encourage land use decision-making in accordance
with the public interest, protection of private property rights and
the public good, and applicable laws of the State of New York. Furthermore,
it will provide for the economic, social, and aesthetic advantages
of orderly development through harmonious groupings of compatible
and complementary land uses and the application of appropriate development
standards. The overlay zoning technique is a modification of the system
of conventionally mapped zoning districts. An overlay zone applies
a common set of standards to a designated area or areas that may cut
across several different conventional or underlying zoning districts.
The standards of the overlay zone apply, in addition to those of the
underlying zoning district. The overlay zoning district provides for
additional land development regulations that supplement the relevant
provisions of the underlying zoning.
P.
The Route 303 Corridor Overlay District (hereinafter referred to
as the "District") is a zoning district enumerated in § 2.1
of the Orangetown Zoning Code (Establishment of districts). The District
regulations apply to all land use applications for which any portion
of the subject property is located within the District as delineated,
i.e. said property or parcel touches Route 303 or has ingress or egress
to Route 303 as a result of a private road or easement. Such properties
are specifically designated on the District Map attached and made
part of this Local Law (Exhibit A)[1], and are described in § 2.21 of the Zoning Code
of the Town of Orangetown.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
A.
A waiver or failure to enforce any part of this article XIII, or any goal or policy in the Code of the Town of Orangetown, shall not constitute a waiver of any other part of the Code. Such a waiver or failure to enforce this Code shall not constitute a failure or continuing waiver of the specific part that was waived or not enforced.
B.
Hereafter, no building or structure shall be erected, enlarged, or relocated, and no building, structure or premises shall be built in the Route 303 Overlay District (as defined by this article) except in compliance with the provisions of this article XIII and then only after securing all required permits and licenses. Further, any structure, legally preexisting as of the effective date of this local law, and located within the Overlay Zoning District, which shall be damaged or destroyed by flood, fire or other natural disaster, shall not be held to the requirements of this article XIII, subject, however, to the provisions of Article XI of this chapter 43 (Nonconforming Use and Nonconforming Bulk Regulations).
C.
Any rezoning, subdivision, development, building or structure approval or permit shall be in compliance with this article XIII, even if there is no specific reference to the regulations made in other Code sections governing such approvals.
D.
Any building, structure, or use which is lawfully existing within the overlay zoning area at the time of passage of this article XIII of the Zoning Code of the Town of Orangetown, although not in compliance therewith, may be maintained as provided in Article IX of this chapter 43 (Nonconforming Use and Nonconforming Bulk Regulations).
E.
If, after the effective date hereof, a primary access and egress
route, or private road, drive or easement used as an entrance road,
is established from Route 303 to a property which is located immediately
east or west of the Route 303 Overlay District, such property shall
be deemed to fall within and be subject to the provisions of this
ordinance.
F.
If, after the effective date hereof, any application for a building
permit or other land use approval is submitted concerning a parcel
located within the Route 303 Overlay Zone and the application includes
or incorporates any separate or distinct parcel which is located beyond
the boundaries of the Overlay Zone, the provisions of this ordinance
shall also apply to such separate or distinct parcel.
G.
Any application for a zone change, special or conditional use permit, site plan or subdivision approval, use or area variance, and/or building permit which was granted a waiver by the Town Board as a result of the appeal provision of Local Law No. 5 of 2000 of the Town of Orangetown (entitled "Temporary Route 303 Moratorium on Development") is entitled to proceed with the application as finally approved by the Town of Orangetown Planning Board and/or Zoning Board of Appeals and the provisions of this article XIII shall not apply to such application as it was specifically approved to proceed to review by the Zoning Board of Appeals and/or the Planning Board, after consideration by the Town Board under the provisions of Local Law No. 5 of 2000.
[Added 5-28-2002 by L.L. No. 5-2002]
This local law is authorized pursuant to the Constitution of the State of New York, Article XVII, Section 3; New York State Town Law § 261; Municipal Home Rule Law § 10; Municipal Home Rule Law § 10(1)(ii).
The Town Board of the Town of Orangetown has determined that
certain areas of the Town should be subject to land use and zoning
controls consistent with the Route 303 Plan. Specifically, the purpose
of this local law is to create zoning and land use policies that will:
A.
Promote pedestrian and vehicular safety in the Route 303 corridor;
limit the proliferation of truck traffic; and minimize left hand turns,
U-turns and other turning movements and overall traffic volume;
B.
Moderate and control traffic on Route 303, while recognizing that
Route 303 is in large measure a regional artery for passenger and
truck traffic, and while further recognizing that Route 303 connects
to a two-lane roadway only at the Bergen County, New Jersey state
line;
C.
Promote the most desirable use of land and viewsheds in a manner
that promotes the goals of the Route 303 Sustainable Corridor Study;
D.
Foster civic pride and promote enjoyment of the Town's scenic qualities;
E.
Protect and buffer the viewshed of the Palisades, including Clausland
Mountain and other natural areas, as located in a series of state,
county and Town parks which run on a consistent basis parallel to
the east side of the Route 303 corridor;
F.
Protect and enhance the Town of Orangetown's rich resources;
G.
Ensure that parks and recreational facilities are protected and preserved
and made accessible and desirable for use by residents and visitors;
H.
Encourage open space preservation and environmental stewardship;
I.
Promote the economic viability of the Route 303 corridor;
J.
Preserve commercial development opportunities (except that particular
types of retail and retail warehouse uses shall be prohibited, pursuant
to § 13.10);
K.
Protect, preserve and improve neighborhood commercial areas at or
near the Oak Tree Road/Tappan, Orangeburg Road/Orangeburg and Erie
Street/Blauvelt interchanges;
L.
Ensure the harmonious and orderly growth of existing neighborhood
commercial areas;
M.
Discourage unattractive retail strip development;
N.
Protect and buffer existing residential areas;
O.
Protect and buffer abutting districts;
P.
Prohibit street loading/unloading areas or activities;
Q.
Promote parking in the rear yard of properties;
R.
Establish landscape screening and buffering provisions.
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It is, therefore, with these legislative intents in mind, that
this local law is adopted.
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A.
In the event that any portion of this local law shall be determined
to be invalid, such determination shall not effect or result in the
invalidity of any other provision of this local law.
B.
In all instances, this ordinance shall be interpreted and applied in a manner specifically intended to implement the zoning provisions set forth herein to the maximum extent allowable under the Constitutional and statutory authority which enables it. The Zoning Board of Appeals is recognized as being vested with the authority which it holds under the laws of the State of New York with regard to the granting of area or use variances and other appropriate actions. In all instances, however, the Zoning Board of Appeals, in the consideration of any matter before it concerning the application or utilization of this law, shall give full consideration to the terms and provisions of this ordinance, including the history, scope and legislative intent hereof. In no event, however, shall the Zoning Board of Appeals allow this ordinance to be interpreted or applied in a manner which results in any unconstitutional or prohibited taking under the Constitutions or laws of the United States or the State of New York, or the abrogation of the provisions of Article 16 of the Town Law of New York State or their subordination to those of this article XIII.
In the event that any of the provisions of Article XIII shall be in conflict with the provisions of any other local law or ordinance of the Town of Orangetown, the provisions of the more restrictive ordinance shall control, including but not limited to Note No. 2 of the Use and Bulk Tables.[1]
[1]
Editor's Note: The notes to the Tables of General Use Regulations
and the Tables of Bulk Regulations are included at the end of this
chapter.
The Route 303 Overlay District is a zoned district enumerated
in § 2.1 of the Orangetown Zoning Code (Establishment of
districts) which overlays other zoning districts enumerated in the
Code. The District regulations apply to all land use applications
for which a portion of the subject property is located within the
District as delineated on the District Map and as described in § 2.21
of the Orangetown Zoning Code.
A.
Driveways. Within the Route 303 Overlay District, no residential
driveways shall connect from a parcel to Route 303 if there is any
suitable means of ingress and egress to the parcel from any county,
Town or private road.
A.
Variances for retail. Retail uses are not presently permitted as-of-right
in certain existing zoning districts (i.e., LI, LIO and LO) and consequently
require use variances. If there is any application, after the effective
date hereof, for a retail use in excess of 65,000 square feet gross
floor area in an LI, LIO or LO Zone, the grant of such variance shall
require a determination on the issue of use variance and a separate
determination on the issue of an area variance by the Zoning Board
of Appeals.
B.
Specific conditions applicable to all properties located within the
Route 303 overlay project.
(1)
All uses within the Route 303 Overlay District shall be adequately
screened to minimize the visual impact to passersby on Route 303.
(2)
A twenty-five-foot wide vegetated buffer, either containing
native vegetation naturally occurring and/or containing shrubs and/or
trees a minimum of six feet high, with such shrubs and/or trees as
listed under the provisions of § 21.25 of the Land Development
Regulations of the Code of the Town of Orangetown at time of planting
shall be located along the property line adjacent to the Route 303
right-of-way. This buffer shall be maintained in good condition by
the owner of the property. Vegetation that dies during any season
shall be replaced by the property owner at the start of the next growing
season. The vegetated buffer shall be located in the required front
yard (as said term is defined and applied under Note 1 of the notes
to the use and bulk tables)[1] of any lot, and this provision shall not increase or decrease
any required front yard established under the Zoning Code in effect
as of the date hereof. The Planning Board shall not have the authority
to reduce the front, side or rear yard requirements of said buffer;
only the Zoning Board of Appeals shall have such authority after review
and consideration of the provisions of this ordinance.
[1]
Editor's Note: The notes to the Tables of General Use Regulations
and the Tables of Bulk Regulations are included at the end of this
chapter.
(3)
Any nonresidential use that is adjacent to a residential zoning
district or residential use shall include a vegetated buffer either
containing native vegetation naturally occurring and/or containing
shrubs and trees a minimum of six feet high, with such trees as listed
under the provisions of § 21.25 of the Land Development
Regulations of the Code of the Town of Orangetown, and in accordance
with the notes to the use and bulk tables;[2] however, in a CS, CC or CO Zone, the vegetated buffer
shall not be less than 25 feet in width. This vegetated buffer shall
be maintained in good condition by the property owner. Vegetation
that dies during any season shall be replaced at the start of the
next growing season. The Planning Board shall not have the authority
to reduce the side or rear yard requirements of said buffer; only
the Zoning Board of Appeals shall have such authority after review
and consideration of the provisions of this ordinance.
[2]
Editor's Note: The notes to the Tables of General Use Regulations
and the Tables of Bulk Regulations are included at the end of this
chapter.
(4)
Detention ponds, signage, lighting fixtures or fences shall
not be permitted on the right-of-way line that forms Route 303 or
within the twenty-five-foot vegetated buffer adjacent to such right-of-way
line, except that lighting fixtures and on-site signage shall be permitted
within 10 feet of any entryway for ingress or egress.
(5)
Retail warehouse uses including mini-storage uses and distribution
centers which require or utilize a structure with a total combined
square footage in excess of 65,000 square feet on any single parcel
(or assemblage of contiguous individual parcels, or on any one parcel
which has been subdivided after the date of this local law) shall
be prohibited.
(6)
New and used automotive car dealerships; automotive repair and auto body shops; gasoline filling stations; outside commercial storage of five or more automobiles; buses, trucks, tractors, trailers, or other vehicles on any particular lot shall be prohibited. Notwithstanding the aforesaid, or any other provision of this Chapter 43 to the contrary, automobile service/repair facilities shall be permitted in any nonresidential zoning district within the Route 303 Overlay Zoning District, subject to all required land use board approvals, provided that:
[Amended 9-27-2016 by L.L. No. 8-2016]
(7)
Outside storage for retail sale or wholesale sale of bulk fuels
or liquids shall be prohibited.
(8)
Cinemas or movie theaters containing over 45,000 square feet,
or stadiums (a facility capable of accommodating 2,000 or more persons)
shall be prohibited.
(9)
Retail uses which require a structure with a total combined
or cumulative square footage in excess of 65,000 square feet on any
single parcel or assemblage of undeveloped parcels shall be prohibited.
(10)
Not more than 35% of all parking shall be located within the
front yard of any lot or parcel. The balance of the parking and all
loading and unloading shall be located in the rear or side yard of
the premises.
(11)
Connections between abutting parking lots, shared driveways
and eyebrows (limited service roads) and internal circulations, shall
be provided (in order to minimize turning movements onto Route 303)
to the extent feasible. No curb cuts will be located on Route 303
within a one-hundred-foot distance from any existing intersection
with a county or Town road except upon grant of a special permit by
the Town Board. No curb cut is to be permitted within a one-hundred-fifty-foot
distance from any other curb cut on any single parcel, or assemblage
of contiguous parcels, or on any parcel which has been subdivided
after the effective date hereof, unless approved by special permit
of the Town Board. Not more than one curb cut shall be allowed for
a parcel unless approved by special permit of the Town Board. In all
instances, curb cuts shall be reviewed by the Town Engineer after
prior consultation with authorized representatives of the New York
State Department of Transportation.
(12)
In the application of the provisions of this local law to any particular parcel under consideration or review, the Planning Board, in considering any matter and before granting any approval, shall make specific findings which shall correspond and establish compliance to the extent practicable with the legislative intent of this article XIII.
(13)
A traffic impact study and access management plan shall be required
where a proposed use will result in an estimated trip generation in
any direction on Route 303 and intersecting county and Town highways
in which the increase in traffic in the judgment of the Planning Board
would be, or is estimated to be, in excess of 10% over the existing
traffic movements for either:
(14)
Subsurface drainage systems for commercial properties shall
be placed underground in lieu of the use of detention basins unless
demonstrated to the Planning Board that site conditions prohibit such
a system. In that case, such aboveground detention basins shall be
located in the rear or side yards. In no case shall the aboveground
detention basins be sited within any buffer area or within any front
yard setback area or within the designated street line.
