City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
The building types defined in this section are allowed within the BC, DN, WG, and PWD Districts. The design standards and regulations that apply to each building type are in addition to those required within each zoning district.
A. 
Shopfront building type.
(1) 
The facade of the shopfront building type is placed at or close to the front lot line with an entrance generally at sidewalk grade. Pedestrian-oriented retail or office uses are generally located on the ground floor with upper floor typically designed for residential, hospitality, or employment uses. The shopfront building type is characterized by:
(a) 
A high percentage of glazing on the first floor.
(b) 
A prominent entrance.
(c) 
First floor architectural articulation, such as a shopfront with cornice, or architecturally emphasized entrance.
(2) 
Standards.
(a) 
Massing.
[1] 
Maximum length of building wall along a street shall be 200 feet.
[2] 
Buildings must have a break in facade at least every 50 feet from the previous break or the end of the building. A facade break may be met through the use of architectural features (such as bay windows, porches, porticos, recessed doorways, etc.), through changes in building material or finish or by other similar means.
(b) 
Windows.
[1] 
Street level primary facades:
[a] 
Minimum of 60% window coverage.
[b] 
Transparent with views into the business.
[c] 
Bottom of window shall be between 24 inches and 32 inches above the sidewalk.
[2] 
Floors above street level and secondary facades:
[a] 
Minimum 30% window coverage for commercial uses.
[b] 
Minimum 15% window coverage for residential uses.
[c] 
Individual window proportions shall be greater in height than width.
[3] 
Exterior window guards (e.g., security guards) shall be integrated with the design of the building.
[4] 
Windows shall be placed in a consistent pattern within the first floor, floors two through the penultimate floor, and the top floor.
(c) 
Entrances.
[1] 
Main building entrances shall be accentuated; permitted accents include: recessed, canopy, awning, portico, or overhang.
[2] 
All primary entrances shall be illuminated from above. No up-facing lighting is permitted.
[3] 
Security door guards shall be integrated with the design of the building.
(d) 
Corner articulation.
[1] 
Main entrances to buildings on corner lots should be oriented to the corner and public street fronts.
[2] 
Main building entrance should be on the primary street.
[3] 
Massing and architecture of the building should reflect the importance of a corner site and relate to both street frontages.
B. 
Midrise building type.
(1) 
The midrise building is a key characteristic of an urban downtown providing higher-density buildings where the building line generally meets the lot line. Midrise buildings may include a vertical mix of uses (such as ground-floor retail or service with upper floors residential, service, or offices), or single-use building (such as residential or office).
(2) 
Standards.
(a) 
Massing.
[1] 
Maximum length of building wall along a street shall be 200 feet.
[2] 
Buildings must have a break in facade at least every 50 feet from the previous break or the end of the building. A facade break may be met through the use of architectural features (such as bay windows, porches, porticos, recessed doorways, etc.), through changes in building material or finish, or by other similar means.
(b) 
Windows.
[1] 
Minimum 30% window coverage on first floor.
[2] 
Minimum 15% window coverage above the first floor.
[3] 
Individual window proportions shall be greater in height than width.
[4] 
Exterior window guards (e.g., security guards) shall be integrated with the design of the building.
[5] 
Windows shall be placed in a consistent pattern within the first floor, floors two through the penultimate floor, and the top floor.
(c) 
Entrances.
[1] 
Main building entrances shall be accentuated; permitted accents include: recessed, awning, canopy, portico, or overhang.
[2] 
Main building entrances should be designed to reflect the primary use of the building. If primarily a residential use, midrises are encouraged to use a stoop, lightwell, or dooryard entrance type (as defined in the rowhouse building type).
[3] 
A midrise building may also have a forecourt entrance. A forecourt entrance is when a small courtyard is placed on the front lot line of the building. A forecourt may occupy no more than 35% of the length of the front facade and must be placed in the middle of the building's front facade such that no less than 25% of the length of the front facade is located on either side of the forecourt. The forecourt shall be no more than 30 feet deep and no wider than half of the building's height.
(d) 
Corner articulation.
[1] 
Main entrances to buildings on corner lots should be oriented to the corner and public street fronts.
[2] 
Main building entrances should be on the primary street.
[3] 
Massing and architecture of the building should reflect the importance of a corner site and relate to both street frontages.
C. 
Rowhouse building type.
(1) 
Description.
(a) 
The rowhouse building type is a residential structure typically located on a narrow lot, that shares a party wall with a structure on an adjoining lot. Rowhouses typically range from two to four stories and are also called townhouses and attached houses. Rowhouses are prominent in the Downtown Neighborhood District in particular and help provide a broad choice of housing types within the City.
(b) 
Rowhouses shall be no more than 30 feet wide, and the front facade shall be located near the front lot line.
(2) 
Standards.
(a) 
Windows.
[1] 
Individual window proportions shall be greater in height than width.
[2] 
Exterior window guards (e.g., security guards) shall be integrated with the design of the building.
[3] 
Windows shall be placed in a consistent pattern within the first floor, floors two through the penultimate floor, and the top floor.
(b) 
Entrances.
[1] 
Rowhouses shall have one of the four entrance types defined below.
[2] 
Rowhouses shall have their primary entrance on the front facade.
(c) 
Entrance types.
[1] 
Stoop.
[a] 
The elevated stoop serves to engage the sidewalk and ensure privacy within the building.
[b] 
The stairs of the stoop align with, or near to, the lot line.
[c] 
The stairs to the stoop may be perpendicular or parallel to the sidewalk.
[d] 
The stoop may have an awning, porch, or portico.
[e] 
A low wall, fence, or hedge may be provided to define the frontage line.
[2] 
Dooryard.
[a] 
In the dooryard entrance type:
[i] 
A low wall, fence, or hedge is provided to define the frontage line; and
[ii] 
The main entrance is provided at the same grade as the dooryard that is created.
[b] 
Dooryards must be within three vertical feet of the grade of the adjacent sidewalk.
[c] 
Any stairs that are provided must align with, or near to, the frontage line.
[3] 
Lightwell.
[a] 
In the lightwell entrance type, the setback of the main building facade features either an elevated terrace or recessed lightwell.
[b] 
The lightwell entrance type allows natural sunlight to enter the floor below grade and often serves to allow an outside entrance from the ground floor and the one immediately below.
[c] 
Neither the top of the terrace nor the bottom of the lightwell shall be more than six feet in vertical distance from the sidewalk. In no instance shall the distance between the top of the terrace and the bottom of the lightwell be more than 10 feet.
[4] 
Porch.
[a] 
Porches must be a minimum of 18 inches above the sidewalk grade.
[b] 
Porches must maintain a clear path of travel that is at least three feet wide.
D. 
Compact detached house. A compact detached dwelling is located on an urban lot no wider than 56 feet. The maximum individual side yard is 15 feet and two side yards combined may be no more than 20 feet.
(1) 
Windows.
(a) 
Individual window proportions shall be greater in height than width.
(b) 
Exterior window guards (e.g., security guards) shall be integrated with the design of the building.
(c) 
Windows shall be placed in a consistent pattern within the first floor, floors two through the penultimate floor, and the top floor.
(2) 
Entrances.
(a) 
Main building entrance shall face the street.
(b) 
Secondary entrance may be provided on the side or rear of the building if facing a side yard at least five feet wide or greater, or a rear yard.
(c) 
Compact detached houses shall have one of the four entrance types allowed for rowhouses (e.g. stoop, dooryard, lightwell, or porch).
(3) 
Massing.
(a) 
Compact detached houses shall be no more than 36 feet wide.
(b) 
Where possible, the front building facade shall align with neighboring structures.
E. 
Civic. Owing to its special and public or quasi-public use, the civic building type is designed to stand out from the form of the adjacent area. Civic buildings are often architecturally distinctive buildings that occupy prominent spaces in the community. The civic building type requires a special use permit and site plan approval from the Planning Board in all districts. Civic buildings do not need to be institutionally or government owned. For example, civic buildings could include theaters.
A. 
Design standards. The following design standards shall apply to all of the downtown districts. They are intended to:
(1) 
Preserve and enhance the architectural character of the City.
(2) 
Promote pedestrian access and activity.
(3) 
Maintain the role of streets as civic and social spaces.
B. 
Topography. When topography is altered during construction, the site shall be graded to avoid:
(1) 
The creation of retaining walls or blank walls taller than four feet in height along any street frontage.
(2) 
Mass grading of a site that results in buildings not reflecting the topography of the site.
C. 
Projections and encroachments.
(1) 
Architectural building elements, such as balconies, bay windows, open porches, and cornices may encroach up to three feet beyond the front lot line if the bottom of the encroaching element is at least 10 feet above the grade of the sidewalk.
(2) 
Window or projected air conditioners are not permitted on the front facade.
(3) 
Flags attached to a building facade are permitted to encroach up to three feet beyond the front lot line if the base of the pole is at least six feet above the grade of the sidewalk and is angled upward.
D. 
Architectural features.
(1) 
Windows may not be placed on a building facade that is within two feet of an adjacent lot.
(2) 
Architectural features, such as balconies and bay windows, are encouraged for all building types.
(3) 
All building types should include a top floor cornice or comparable architectural feature. If the top floor is required to be set back from the front facade of the floor immediately below, the penultimate floor shall also have a cornice or similar architectural feature.
(4) 
Architectural features and windows should be continued on all sides of the building that are visible from a street or public parking area. Blank walls should be avoided.
(5) 
Mechanical equipment and refuse containers shall be concealed from public view either by being placed to the rear of the building or screened with appropriate landscaping or walls or architecturally compatible rooftop masking.
E. 
Building materials.
(1) 
Building materials for finishes include wood, brick, stucco, stone, or fiber-cement siding and trim.
(2) 
Vinyl, aluminum, or sheet metal siding or trim and concrete blocks or walls are not allowed as finish material in any district.
F. 
Primary facade.
(1) 
If a building is on the corner, the primary facade of a building is that which faces the primary street.
(2) 
The primary street is the one on which the primary use of the building is concentrated.
(3) 
For shopfront building types, the primary street will usually be either Broadway, Liberty Street, Grand Street, or Front Street.
Quantity per Facade
Maximum Area (square feet)
Maximum Height (feet)
Maximum Width (feet)
Minimum Ground Clearance (feet)
Depth (projection from facade) (feet)
Width of Sign (inches)
Maximum Text and Graphics Height (feet)
Maximum Projection into ROW (feet)
(h)
(w)
(cl)
(d)
(t)
(p)
300 FBC Signs-01.png
BAND
1
16
Minimum 1; maximum 3
90% of facade
8
1
n/a
18
1
300 FBC Signs-02.png
BLADE
1
8
4
4
8
4 or 1/3 width of sidewalk, whichever is less
n/a
8
4 or 1/3 width of sidewalk, whichever is less
300 FBC Signs-03.png
SHINGLE
1
6
3
2
8
2
n/a
8
2
300 FBC Signs-04.png
AWNING
1 per ground-floor door or window
90% of canopy
n/a
Full span of facade
10
4 minimum
n/a
2 ft max text height; 75% of the awning width max
Maximum projection 2 feet from curb
300 FBC Signs-05.png
YARD
1
9
3
3
1
n/a
5 inches maximum
75% of sign height max
Not allowed
300 FBC Signs-06.png
MARQUEE
1
36
12
3
12
3
12 inches maximum
75% of sign width max
3
A. 
Signage.
(1) 
The purpose of these requirements is to promote high-quality, well-designed signs that:
(a) 
Clearly advertise the tenant or user.
(b) 
Enhance the architectural, structural or landscape features of the associated facility.
(c) 
Enliven the resident and visitor experience.
(d) 
Contribute to the improvement of the visual environment, expression of local character.
(e) 
Minimize sign clutter.
(2) 
All new signs erected in the Form-Based Districts shall comply with the regulations in this section. The regulations in this section are in addition to the signage regulations found in Part 2 of this article and Chapter 250 of the City Code. Where the regulations in this chapter conflict with any other signage regulation, the regulations of this article shall prevail.
B. 
General standards.
(1) 
Historical markers and tablets, memorial signs and plaques, dates of building erection, and emblems installed by governmental agencies are all exempt from these regulations if they are 12 square feet or less.
(2) 
Changeable copy signs are permitted on civic buildings, schools, houses of worship, and buildings occupied by not-for-profi organizations. [Changeable copy signs are those designed to hold copy (letters, numbers, graphics) that can be readily and periodically modified.]
(3) 
Signs shall be compatible with building design in terms of relative scale, overall size, materials and colors. Signs shall not dominate a building facade or streetscape.
C. 
Legibility.
(1) 
Signs shall avoid hard-to-read intricate type-faces, and limit the number of letter styles.
(2) 
The area of the sign devoted to text shall be limited. Lettering and logos shall not occupy more than 75% of the sign face.
(3) 
Signs may use symbols and logos.
(4) 
Signs shall avoid large contiguous areas of blank space.
D. 
Location and size.
(1) 
Signs shall be designed to relate to the architectural features of the building and to create visual continuity with other shopfronts in the same or adjacent buildings.
(2) 
When possible, signs shall be placed at or near the public building entrance to indicate accesses.
(3) 
For the purposes of this sign regulation section only, "facade" shall mean either a building facade, or that portion of a building facade that is occupied by a single tenant space having a public entrance on the building facade ("business facade"). For spaces located interior to a building that do not have direct access to the building facade, the elevation at which public access is provided shall be considered the business facade.
E. 
Illumination.
(1) 
Utilization of a direct source of light (e.g., spotlight) is permitted. The light shall be focused on the sign and shielded to prevent glare.
(2) 
Back-lit, solid letters are encouraged.
(3) 
Individually illuminated letters, either internally illuminated or back-lit (reverse channel), are permitted.
(4) 
Signs using internally illuminated cabinet with translucent panels ("box signs") are not permitted,
(5) 
Signs that use blinking or flashing lights shall be prohibited.
(6) 
Neon signs and electronic reader board signs are prohibited.
F. 
Materials.
(1) 
Sign materials shall be selected with consideration for the architectural design of the building's facade. Permitted materials include wood or PVC that is carved, sandblasted, etched, properly sealed and painted, or stained or metal that is formed, etched, cast, engraved, and properly primed and painted or factory coated to protect against corrosion. Acrylic is also permitted.
G. 
Types.
(1) 
Band.
300 FBC 153-01.tif
(a) 
Description:
[1] 
Individual cut letters placed directly against the facade or placed on a solid background attached to the facade.
[2] 
The display surface is parallel to the plane of the building facade.
[3] 
The sign projects no more than 12 inches from the building facade.
(b) 
General provisions:
[1] 
Sign is mounted, not painted, directly on the facade.
[2] 
No portion of the band sign may extend above the roofline or above a parapet wall of a building with a flat roof.
[3] 
No portion of a band sign may extend above the lower eave line of a building with a pitched roof.
[4] 
A band sign cannot cover windows or architectural details.
(2) 
Blade.
300 FBC 153-02.tif
(a) 
Description:
[1] 
Mounted perpendicular to primary street facing facade.
[2] 
Pedestrian-scale lettering, not auto-scaled.
(b) 
General provisions:
[1] 
Must be located at least 25 feet from any other blade or projecting sign.
[2] 
Top of sign may not be higher than the top of the first floor.
[3] 
May be mounted only below the second floor.
[4] 
Shall not have more than two faces.
(3) 
Shingle.
300 FBC 153-03.tif
(a) 
Description:
[1] 
Small projecting sign that hangs from a bracket or support perpendicular to facade.
[2] 
Located adjacent to or over the building entrance.
[3] 
Pedestrian scale lettering, not auto-scaled.
(b) 
General provisions:
[1] 
Hanging bracket must be an integral part of the sign design.
[2] 
Must be located below the window sills of the second floor.
[3] 
May not be illuminated.
(4) 
Awning.
300 FBC 153-04.tif
(a) 
Description:
[1] 
Lettering, graphics or symbols adhered to awning.
(b) 
General provisions:
[1] 
Must be flush with the awning or canopy.
[2] 
Only awnings or canopies over ground story doors and windows may contain signs.
[3] 
A maximum of one sign is allowed per vertical awning face.
[4] 
Internal lighting or back lighting of awning signs is prohibited.
(5) 
Marquee.
300 FBC 153-05.tif
(a) 
Description:
[1] 
Large projecting sign.
[2] 
May be placed at second story or above.
[3] 
Oriented perpendicular to the facade or at a forty-five-degree angle to the corner of a building.
(b) 
General provisions:
[1] 
Top of sign may not be higher than the top of the building.
(6) 
Yard.
300 FBC 153-06.tif
(a) 
Description:
[1] 
Freestanding sign attached to the ground by one or more support structures.
[2] 
Structure may be no higher than five feet, measured to top from the ground.
[3] 
Sign hangs from the bracket or support.
(b) 
General Provisions:
[1] 
Must be located at least 25 feet from any other yard sign.
[2] 
Hanging bracket must be an integral part of the sign design.
A. 
Streetscape standards.
300 FBC 154-01.png
This section addresses the design of the streetscape zone. The streetscape zone is the space between the curbline and property line. The purpose of these regulations is to provide a high quality and consistent pedestrian environment.
B. 
Streetscape zone.
The streetscape zone is comprised of three separate areas: the pedestrian walkway; the street tree/utility zone; and the amenity zone.
(1) 
Pedestrian walkway. The pedestrian walkway is that portion of the streetscape zone that is devoted to pedestrian movement. The pedestrian walkway is clear of all temporary or permanent obstructions which may impede the flow or circulation of pedestrians. The minimum width and relative location of the pedestrian walkway within the streetscape zone varies throughout the form-based districts with the absolute minimum width being five feet.
(2) 
Street tree and utility zone.
(a) 
The street tree and utility zone is the area within the streetscape zone located immediately adjacent to the curbline.
(b) 
Wherever possible, canopy trees will be planted within a continuous bed no less than five feet wide and 10 feet long. The exposed surface below the tree shall be planted with ground cover or surfaced with permeable pavers or tree grates.
(c) 
Where large areas of pervious surface treatments are not possible, structural soils shall be utilized to provide beneficial root zone conditions to improve tree health and long-term survival.
(d) 
Permitted elements placed within the street tree and utility zone include:
[1] 
Street trees.
[2] 
Directional signage.
[3] 
Traffic/parking signage.
[4] 
Fire hydrants, manholes.
[5] 
Other public utilities.
[6] 
Municipal garbage and recycling containers.
[7] 
Bike racks.
[8] 
Bus shelter.
[9] 
Wayfinding signage.
(3) 
Amenity zone.
(a) 
The amenity zone is that portion of the streetscape zone that is accessible to the public, but may also be utilized by private property owners for temporary and incidental amenities that promote the overall pedestrian-orientated goals of the form-based code districts. When the amenity zone is located immediately adjacent to the building facade, a minimum five-foot wide path shall be provided to each building entrance that is clear of all obstructions.
(b) 
Permitted elements placed within the amenity zone on a temporary basis:
[1] 
Benches or other seating.
[2] 
Small aboveground planters or planted containers.
[3] 
Foundation planting (i.e., shrubs and ground cover).
[4] 
Decorative entry pavers.
[5] 
Cafe seating.
[6] 
Place-making public art.
[7] 
Bike racks.
C. 
Design standards for Streetscape Zone.
The required width and relative location of the areas within the streetscape zone vary by the type of street. There are two main types of streets in the form-based districts, which are characterized by their usage and physical dimensions. They are commercial/mixed-use streets and residential streets.
(1) 
Commercial/mixed-use streets.
(a) 
300 FBC 154-02.png
Streetscape standards for major commercial/mixed-use streets
Major commercial/mixed-use streets. Major commercial/mixed-use streets are characterized by:
[1] 
Width of public right-of-way (property line to property line): +/- 130 feet.
[2] 
Width of vehicular roadway (curb to curb): +/- 90 feet.
[3] 
Width of streetscape zone (curb to property line): +/- 20 feet.
[4] 
Example: Broadway.
(b) 
Minor commercial/mixed-use streets. Minor commercial/mixed-use streets are characterized by:
300 FBC 154-03.png
Streetscape standards for minor commercial/mixed-use streets
[1] 
Width of public right-of-way (property line to property line): 60 feet to 70 feet.
[2] 
Width of vehicular roadway (curb to curb): 30 feet to 40 feet.
[3] 
Width of streetscape zone (curb to property line): 10 feet to 20 feet.
[4] 
Example: Liberty Street or Ann Street.
(2) 
Residential streets.
(a) 
Residential streets within the FBC typically have the following characteristics:
[1] 
Width of public right-of-way (property line to property line): 36 feet to 60 feet.
[2] 
Width of streetscape zone (curb to curb): 20 feet to 36 feet.
[3] 
Width of pedestrian zone (curb to property line): 8 feet to 15 feet.
[4] 
Example: First Street, Parmenter Street.
(b) 
The following streetscape standards apply to residential streets within the form-based districts:
[1] 
300 FBC 154-04.png
These streetscape standards apply to residential streets that primarily feature buildings that are set back from the property line where the streetscape zone is approximately 10 to 15 feet wide. An amenity zone is not allowed on this type of streetscape.
[2] 
300 FBC 154-05.png
These streetscape standards apply to primarily residential streets where the building facade aligns with, or near to, the lot line and the streetscape zone is approximately eight feet wide. An amenity zone is not allowed on this type of streetscape.
[3] 
300 FBC 154-06.png
These streetscape standards apply to primarily residential streets where the building facade aligns with, or near to, the lot line and the streetscape zone is greater than 10 feet wide. An amenity zone no wider than five feet is permitted adjacent to the building facade, provided that the minimum pedestrian walkway and street tree/utility zone dimensions are met and that a minimum five-foot wide unobstructed path is provided to each building entrance.
The following landscape standards apply primarily to the public realm and to projects within the form-based code districts that require a sidewalk permit in accordance with Chapter 263 of the City Code. When possible, they should be followed by other projects within the form-based districts.
A. 
Landscape materials.
(1) 
All plant species must be native to the region or regionally appropriate as determined by the Conservation Advisory Council.
(2) 
All invasive species, as identified by the United States Forest Service, Cornell Cooperative Extension, or the NYSDEC are prohibited from being planted in the form-based districts.
(3) 
Replacement of invasive species with desirable hardwood species is encouraged.
(4) 
All tree and other landscape materials shall meet the American Standard for Nursery Stock standards as published by the American Association of Nurserymen.
(5) 
Tree and other landscape material selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability.
(6) 
Large and medium canopy tree species shall be a minimum of 12 feet in height and have a caliper of at least 2.5 inches at time of planting.
(7) 
Small canopy tree species should be a minimum of four feet in height and have a caliper of at least 9/16 inch and five or more branches at time of planting.
(8) 
Shrubs shall be a minimum of 18 inches in height and width at time of planting.
B. 
Landscape installation and maintenance.
(1) 
Tree and landscape materials shall be installed according to standards established by the American National Standards Institute (ANSI).
(2) 
Structural soil shall be installed in and around all tree wells to provide adequate underground volume for root growth. The structural soil should tie into adjacent landscaped areas to provide tree roots access to open soil.
(3) 
Large and medium trees shall not be planted underneath or directly adjacent to overhead powerlines.
(4) 
All plant material shall be maintained in good condition at all times in accordance with standards established by ANSI.
(5) 
All plantings that die or are destroyed must be replaced during the next suitable planting season.
(6) 
Attaching lights, signage, fence rails, and any other items to trees that may result in damage to the tree is prohibited.
C. 
Design requirements for street trees.
(1) 
Street trees shall help define the boundary between automobile zones and the streetscape zone.
(2) 
All street trees planted in the streetscape zone are to be limbed up to a minimum of six feet.
(3) 
Selection of tree species shall be based upon height, canopy diameter, disease resistance and transparency.
(4) 
Large canopy street trees should be planted approximately every 30 feet.
(5) 
A minimum soil volume of 400 cubic feet per tree is required.
(6) 
To provide adequate underground volume for root growth, structural soil shall be installed under the paved areas around all tree pits of a dimension no less than five feet by 10 feet.
(7) 
Wherever possible, trees shall be planted in continuous tree pits or planting beds to provide optimal environment for root growth.
(8) 
Where continuous open-surface planting beds are not possible, structural soil should be used to provide a subsurface connection between tree pits to provide optimal conditions for tree root growth.
D. 
Parking and loading area landscaping. These requirements apply to surface parking lots.
(1) 
All parking and loading areas that are visible from the public right-of-way shall be screened with vegetation to minimize the visual impact of parked vehicles.
(2) 
Shrubs and trees shall be installed in all parking lot medians to provide for semicontinuous plantings.
(3) 
Within a surface parking lot each landscape island shall contain a minimum of one large canopy tree.
E. 
Lot landscaping and foundation plantings.
(1) 
All permeable ground surfaces of lots in environments altered from their natural, predevelopment state and not provided for circulation of vehicles, bicycles or pedestrians shall be planted with vegetation or otherwise landscaped.
(2) 
Except when a build-to line or minimum setback makes the provision of foundation plantings impractical, a foundation planting area shall be maintained around all structures. The foundation planting shall incorporate a mixture of trees, shrubs, and ground covers in order to soften the building facade. Foundation plantings shall not be required along any building elevation or portion thereof that contains only service and/or delivery areas that are not visible from any roadway.
F. 
List of Recommended Street Trees
(adapted from NYC DPR "Tree Planting Standards," April 2008)
(1) 
Large Trees - Mature Height Greater Than 50 Feet
Scientific Name
Common Name
Comments
Ginkgo biloba
Ginkgo
Male only - does not bear fruit
Quercus spp. 'Fastigiata'
Fastigiata Oak
Liquidambar styracifl a
Sweetgum
Plant spring only, lawn pits only
Metasequoia glyptostroboides
Dawn Redwood
Taxodium distichum
Bald Cypress
Ideal for wet soils
Tilia cordata
Littleleaf Linden
Gymnocladus dioicus
Coffee
Needs lots of space
Gleditsia triacanthos var. inermis
Honey Locust
Tolerates tough conditions
Liriodendron tulipifera
Tulip Tree
Tree does best in lawn pits
Quercus rubra
Northern Red Oak
Plant spring only
Quercus bicolor
Swamp White Oak
Plant spring only
Quercus imbricaria
Shingle Oak
Plant spring only
Quercus palustris
Pin Oak
Needs large tree pit
Quercus phellos
Willow Oak
Plant spring only
Tilia americana
American Linden
Partial shade, fragrant flowers
Tilia x euchlora
Crimean Linden
Pest resistant
Tilia tomentosa
Silver Linden
Fragrant flowers
Zelkova serrata
Japanese Zelkova
(2) 
Medium Trees - Mature Height 35-50 Feet
Scientific Name
Common Name
Comments
Carpinus betulus
European Hornbeam
Quercus robur
English Oak
Plant spring only
Cercidiphyllum japonicum
Katsura Tree
Tree does best in lawn pits
Corylus colurna
Turkish Filbert
Nyssa sylvatica
Black Gum
Should only be planted in extremely wet sites
Ostrya virginiana
American Hophornbeam
Plant spring only
Quercus acutissima
Sawtooth Oak
Plant spring only
Eucommia ulmoides
Hardy Rubber Tree
Tolerates tough conditions
Styphnolobium japonicum
Scholar Tree
Tolerates tough conditions
(3) 
Intermediate Trees - Mature Height 25-35 Feet
Scientific Name
Common Name
Comments
Koelreuteria paniculata
Golden Rain Tree
Tolerates tough conditions
Maackia amurensis
Amur Maackia
(4) 
Small Trees - Mature Height Less Than 25 Feet
Scientific Name
Common Name
Comments
Amelanchier canadensis
Serviceberry
Cercis canadensis
Eastern Redbud
Does best in lawn pits
Carpinus caroliniana
American Hornbeam
Plant spring only
Fraxinus 'Leprechaun'
Leprechaun Green Ash
Malus spp.
Crabapple
Crataegus spp.
Hawthorn
Cornus mas
Cornelian Cherry
Prunus virginiana 'Schubert'
Schubert Cherry
Tolerates tough conditions
Syringa reticulata
Japanese Tree Lilac
Prunus cerasifera
Purpleleaf Plum
Prunus 'Okame'
Okame Cherry
Prunus padus
European Birdcherry
Prunus sargentii
Sargent Cherry
Prunus serrulata 'Kwanzan'
Japanese Flowering Cherry
Prunus x yedoensis
Yoshino Cherry
Tree does best in lawn pits
A. 
The purpose of this section is to:
(1) 
Promote and maintain the physical and visual public access to and along the waterfront;
(2) 
Create a desirable relationship between waterfront development, public access areas, and the upland communities;
(3) 
Protect the natural resources within this environmentally sensitive area.
B. 
The requirements of this section apply to all lots within the PWD.
C. 
Physical and visual access to the Hudson River must be provided within the PWD.
(1) 
Physical public access.
(a) 
Public access to the river's edge shall be provided on all lots having the Hudson River as part of its boundary. Public access shall consist of:
[1] 
A waterfront area that is open to the public, in accordance with the section below, that is a minimum of 20 feet wide as measured perpendicular from the Hudson River shoreline.
[2] 
A publicly accessible waterfront walkway within the waterfront area that provides a minimum clear width of 12 feet.
(b) 
Waterfront areas.
[1] 
Waterfront areas shall be accessible from a public sidewalk, street, public park, or other public place, or from another publicly accessible waterfront area, provided that access is provided to the waterfront area no less often than every 400 feet from a public place.
[2] 
Appropriately designed and scaled down lighting, seating, and trash receptacles shall be placed within the waterfront area at adequate intervals, as determined by the Planning Board.
[3] 
Waterfront areas shall be free of obstructions, except for landscaping, seating, trash receptacles, works of art, lighting, informational kiosks.
[4] 
Waterfront areas shall have signage located at or near the walkway's connection to a public street, sidewalk, or park, that the walkway is open to the public and ADA-accessible, as well as the hours of operation (as allowed below) and the name and contact phone number of the person designated to maintain the walkway.
[5] 
Waterfront areas shall be open to the public from dawn to dusk, except when the adjacent use is commercial in nature, in which case the walkway shall be open until the business is closed. Waterfront walkways shall be open every day of the year, with the exception of closures necessary for maintenance and for no more than one day each year in order to preserve the private ownership of the area.
[6] 
Waterfront areas, including waterfront walkways, shall be maintained by the property owner. The property owner shall be required to post a maintenance bond with the Building Department for 125% of the annual cost of maintaining the walkway, as certified by a registered architect or landscape architect. Such bond shall be replaced every five years with a bond equal to 125% of the current cost of maintaining the walkway for one year.
[7] 
Vehicle access is prohibited within the waterfront areas with the exception of emergency and maintenance vehicles.
(c) 
Waterfront walkways minimum design standards. Waterfront walkways shall:
[1] 
Be designed in accordance with the Waterfront Design Guidelines, as adopted by the Conservation Advisory Council or the Planning Board (if such guidelines are available).
[2] 
Have a minimum clear and unobstructed width of 12 feet.
[3] 
Be accessible to persons with physical disabilities as required by the ADA.
[4] 
Connect to the waterfront walkways on adjacent lots.
(2) 
Visual access and scenic viewshed protection.
(a) 
Construction within the right-of-way of the following mapped streets is expressly prohibited by this statute. The prohibition applies to the right-of-way width from the easternmost terminus of the following streets to the Hudson River shoreline:
[1] 
Washington Street.
[2] 
Broadway.
[3] 
Second Street.
[4] 
Third Street.
[5] 
Fourth Street.
[6] 
South Street.
(b) 
All applications for site plan approval shall be evaluated for their impacts to the following scenic views, in accordance with Article XI:
[1] 
The Dutch Reformed Church.
[2] 
Montgomery Street and South Street.
[3] 
Washington's Headquarters.
[4] 
Broadway and Colden Street.
[5] 
Newburgh Public Library.
[6] 
First Street and Montgomery Street.
[7] 
Bay View Terrace.
A. 
Applicability. This section will apply to any new construction and any application requiring site plan approval within the BC, DN, WG, and PWD Districts.
B. 
General provisions.
(1) 
Off-street parking that is required pursuant to this section shall be the sum total of the parking required for each use on the lot.
(2) 
Applicants that wish to provide fewer off-street parking spaces than required by this section may apply to the Planning Board for a special parking permit as described in Article IX.
(3) 
Nothing in this section prohibits providing more off-street parking than is required by this section. It is recognized that adequate off-street parking will likely require creative and collaborative solutions.
(4) 
Required off-street parking does not need to be provided on the same lot as the use. However, if the parking is not on the same lot, the applicant must demonstrate that the required parking spaces are available for a period of not less than 10 years for the exclusive use of the applicant and that the allocated spaces are within 500 feet of the use.
(5) 
The size, dimension, and accessibility, including space for maneuvers, of all off-street parking areas shall be approved by the Building Inspector.
(6) 
All off-street parking shall be located behind, or to the side, of the principal building or be screened totally from the street.
(7) 
The shared use of off-street parking is encouraged by multiple uses, especially when those uses have differing times of peak demand.
C. 
Off-street parking standards.
(1) 
Residential and commercial uses in the BC District. No off-street parking shall be required within the BC District with the exception of civic buildings or new uses which are parking-dependent, such as theaters and supermarkets, which during the special permit application process may be required to provide off-street parking in accordance with the Bulk and Area Table.
(2) 
Residential uses in other districts.
(a) 
No off-street parking shall be required for the residential portion of any building with four or fewer units.
(b) 
Any building with more than four dwelling units must provide off-street parking for those dwelling units at a rate of one space for every dwelling unit.
(3) 
Nonresidential uses in the DN, WG, PWD Districts.
(a) 
Uses permitted by right: no site plan required.
[1] 
Off-street parking shall not be required for the first 5,000 square feet of commercially occupied space (or the first 3,000 square feet of space occupied by a restaurant) within an individual building within the DN, WG, and PWD Districts.
[2] 
Off-street parking for the portion of the occupied space above the limit of 5,000/3,000 square feet set above shall be calculated at the rates set in the Bulk and Area Table for the Commercial and Industrial District.
(b) 
Uses requiring site plan or special use permit.
[1] 
Owing to the unique nature of these uses and of their locations within the City, the off-street parking standards for uses requiring site plan or special use permit approval shall be determined by the Planning Board.
[2] 
In determining the amount of off-street parking required, the Planning Board shall consider:
[a] 
The amount of off-street parking that the use is likely to require, given its size and location in accordance with § 300-32 for similar uses.
[b] 
The amount and availability of on-street, municipal, or private parking available in the vicinity of the site (i.e., 500 feet).
[c] 
The impact that the provision of off-street parking may have on the visual quality of the zoning district.
(4) 
Off-street loading berths shall be provided according to the schedule and regulations in Article IX.