To preserve and protect the scenic resources of the Town of Clarkstown.

To allow for the continuation of a frame of green wooded hills along the town's northern boundary as a continuation of High Tor State Park, South Mountain County Park and, in the Valley Cottage area, as a continuation of the green wooded hills of Rockland Lake State Park.

To support the practice of avoiding intensive development through the granting of land donations, negative easements and other limited interests in land.

To minimize development near streams and marshes, rock outcrops, upon high places and steep slopes or near parks.

To provide for volume and routing of vehicular and pedestrian traffic with the least practicable impact to and within conservation areas.

To minimize erosion and the likelihood of damage due to flooding or runoff, and to preserve or enhance natural stormwater storage.

To promote the enjoyment of scenic vistas and natural areas by residents and visitors.

To protect the watershed of the Hackensack River.

To minimize the loss of forest cover on steep slopes and escarpments.

To encourage creation, preservation or enhancement of wildlife cover and habitat; and to foster the continuity of natural ecosystems.

The purpose and intent of the AAR Zone is to provide housing to accommodate a range of independent living accommodations for active adults and to create housing or provide financial resources to assist income-eligible active adults to obtain or retain housing. The Town of Clarkstown recognizes that our senior citizen population is largely comprised of individuals with limited or fixed incomes who, given present market conditions, find it increasingly difficult to acquire and/or maintain a single-family home. The AAR Zone is intended to require the provision of affordable housing as a portion of age-restricted housing development in the community, and to implement the affordable housing goals, policies and objectives set forth in the Town's Comprehensive Plan. The AAR Zone is intended to address a range of housing needs by encouraging a range of housing types, locations and sizes. This zone is intended for areas of the Town where local services necessary to support active adults are immediately available. It is the intent that clustering be considered for complexes within the zone so as to minimize the impact on the environment. A proposed active adult community must be compatible with the existing scale of development nearby and be consistent with the recommendations of the Housing Advisory Board report and the Town Development Plan as adopted by the Clarkstown Planning Board on August 16, 1966, and the Comprehensive Plan update as adopted by the Planning Board and Ad-Hoc Committee on June 30, 1999, and adopted by the Town Board on September 28, 1999. This local law[2] is enacted in accordance with the provisions of §§ 261-b and 272-a of the Town Law of the State of New York.

The specific objectives of this zone are:

Eligibility standards. In accordance with the procedures and conditions hereinafter specified, all planned economic developments shall conform to the following eligibility standards.

Application for PED zoning.

Planning Board review and recommendations. The Planning Board shall review the Overall Master Plan in relation to the Comprehensive Development Plan of the Town of Clarkstown and the general desirability of the PED on the given site, with particular reference to the applicable provisions of § 290-33B(2) of this chapter. The Planning Board shall report to the Town Board within 45 days of receipt of a complete application and Overall Master Plan. The Planning Board may refer the Overall Master Plan to appropriate consultant agencies for comment. The Planning Board shall make a recommendation to the Town Board stating its approval, disapproval or approval with specific modifications.

Town Board review. Within 45 days of receipt of the report from the Planning Board, the Town Board shall hold a public hearing on the PED, and on any modifications as suggested by the Planning Board, in the manner as prescribed in § 290-33C for Zoning Map changes.

Town Board action. Within 45 days after the completion of the public hearing, the application shall be either approved, disapproved or approved with modifications by the Town Board. If approved, or approved with modifications which are mutually agreed to by the town and developer, the PED Zoning Map designation and the Overall Master Plan shall be in effect on the site.

Validity. The Overall Master Plan for a PED, as approved by the Town Board of the Town of Clarkstown, shall be in effect, unless the applicant elects to submit a revised Master Plan in accordance with § 290-7B(8), or unless no development is initiated in the PED within the first 18 months of the approval of the Overall Master Plan.

Site plan review.

Revisions to the Overall Master Plan. An approved Overall Master Plan for a PED may be revised. Major revisions which substantially alter access patterns, major traffic conditions or substantial changes in floor area or land use shall be received and reviewed as new applications for a PED, subject to Subsection B(2) of this section. The Town Board shall approve, disapprove or approve with modifications the revised Master Plan. Disapproval of the revised Master Plan on a previously approved PED shall mean that the originally approved Overall Master Plan and the PED shall remain in effect on the site.

Maximum floor area ratio (FAR) of all structures in PED: 0.40.

Maximum floor area ratio (FAR) of permitted commercial uses as specified in § 290-7B(1): 0.10.

Maximum height of all buildings in PED: 48 feet, excluding public utility and commercial radio or television transmission towers.

Minimum buffer required around the entire PED: 100 feet, with parking permitted within said buffer, except that no parking shall be permitted within 50 feet of residential zoning districts nor within 20 feet of major or secondary roads as defined by the Official Map of the Town of Clarkstown; except, however, that the Planning Board may, as part of site plan approval, allow a railroad siding and the building or buildings served by said siding within the one-hundred-foot buffer, where this will not weaken the integrity of the PED district or adversely affect adjoining or nearby properties.

The Planning Board may require minimum buffer areas around the site, with no parking, or driveways, regardless of adjoining uses.

Maximum floor area ratio (FAR): same as § 290-7C(1).

Maximum height: same as § 290-7C(3).

Minimum buffer: same as § 290-7C(4).

Minimum lot area: four acres.

Minimum lot width: 220 feet.

Minimum front yard: 80 feet, with no parking or aisles within 30 feet of the right-of-way.

Minimum side yard: 60 feet, but shall be increased by 50% when adjacent to a residential district.

Minimum both side yards: 150 feet. Note 15 of Table 12 regarding buffer areas applies.[1]

Minimum rear yard depth: 50 feet, but shall be increased by 50% when adjacent to a residential district, with no parking or aisles in the increased area and a buffer area of at least 15 feet along the rear lot line.

The AAR Zone is a floating zone, unmapped at initial adoption, and created by amendment to the Town's Zoning Map through exercise by the Town Board of the procedures set forth in this Zoning Local Law. The Town Board has full discretion regarding any request by petition to the Town Board for mapping a site as AAR, subject to the provisions of the Zoning Local Law.

Any parcel that may be designated as AAR must be proximate to public transportation, shopping, community and commercial services.

Properties that are developed for multifamily use at the time of adoption of this amendment are not eligible for redevelopment in the AAR Zone.

The following zones shall be eligible hosts for the floating zone: R-10, R-15, R-22, RG-1, RG-2, MF-1, MF-2, MF-3, LO, PO, LS, CS, and LIO. Joint applications for a zone change and AAR designation are prohibited. Only nonresidential parcels which abut residential districts that are eligible hosts for the floating zone are eligible for floating zone designation.

The total aggregate number of units allowable in AAR Zones established pursuant to this section shall be no more than 800, of which no more than 15% shall constitute three-bedroom units. The Town Board may, by resolution passed by a super-majority vote after a public hearing, increase the total aggregate number of units allowable in AAR Zones. No such increase shall take place until at least one year after final Planning Board approval of the initial 800 units.

Only parcels which are three acres or larger in net lot area, after deduction of areas with development limitations as per § 290-21D, shall be eligible for AAR Zone designation. Assemblage of properties or parcels not in the same ownership at the time of adoption of this section so as to meet minimum acreage requirements is prohibited.

Application. Application for the establishment of an Active Adult Residence Zone by amendment of the Clarkstown Zoning Local Law shall be made, in the form of a written petition, to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board may refer the application to the Planning Board for recommendation. The Town Board may schedule an informational workshop to discuss the proposal at any point before or during the application process.

Application materials. The applicant shall submit a preliminary plan in sufficient quantity as determined by the Town. The preliminary plan, to be complete, shall consist, at a minimum, of the following:

In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this section, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or to deny the rezoning application. If it elects, the Town Board may delegate to the Planning Board, as part of its referral of the matter, this function of dialogue with the applicant on suggested modification to the preliminary plans.

The applicant may submit revised preliminary plans incorporating the changes requested. If resubmission is not made within 90 days of receipt of the Town Board's suggested changes, the application shall be deemed abandoned. Upon mutual consent of the Town Board and the applicant, the Town Board may extend the time frame for resubmission for an additional 90 days.

Consistent with § 290-33, the Town Board may refer the application to the Planning Board for its report and recommendation. The Planning Board shall make a recommendation on the application and shall report its findings to the Town Board on the merits of the preliminary plans unless the application is abandoned as provided in the preceding subsection. A favorable recommendation shall not constitute or imply an approval of any sort, nor shall it constitute a decision upon an action under the State Environmental Quality Review Act.

In order to minimize the potential environmental impact that could be associated with increased density, an applicant seeking a density bonus pursuant to Subsection I herein shall be required to show that the environmental impact of the proposed senior development will not be any greater than that of the as-of-right development under the existing zoning or that the applicant has incorporated appropriate mitigation measures into the project. In support of such a showing, the applicant may provide studies with respect to water supply, stormwater management, traffic and energy consumption.

The proposed location in relation to similar developments nearby, whether by age restriction, income or density.

Site suitability in relation to safety of vehicular access, availability of public transportation, pedestrian access to off-site locations for retail services, medical care, or recreation.

Anticipated marketability in relation to similar developments in the Town, neighborhood factors, potential for occupancy by Town residents.

Compatibility with the neighborhood in which the floating zone is proposed, potential for separation from nearby uses, and environmental factors.

The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.

The site shall be well-drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.

The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.

The site should be located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service shall be available to the site.

The site shall be located such that access to the site can be obtained from a public street which meets current engineering standards of the Town with respect to roadway width and alignment, and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.

The site shall include appropriate amenities, such as recreational facilities, game rooms, meeting rooms, lounges and exercise rooms.

The development of the site shall not produce undue adverse effects on the surrounding neighborhood.

The extent to which quality affordable housing is made available to senior citizens, and whether the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.

Upon receipt of a recommendation from the Planning Board, the Town Board may schedule and hold a public hearing. Alternatively, the Town Board may reject the application.

Following completion of the public hearing, the Town Board may act to approve, approve with modification or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.

As a condition to approval, the Town Board shall, pursuant to Town Law § 261-b(3)(d) and NYCRR Section 617.13, require the applicant to pay a fee to recover a proportionate share of the Town's cost, as lead agency, expended for the preparation of the generic environmental impact statement in connection with this section. Such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.

The occupancy of active adult residential communities shall be limited to:

Persons under the age of 18 shall not be permitted to be permanent residents of dwelling units. For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks, or has listed the residence as a dwelling for any purpose whatsoever, including, but not limited to, enrollment in public or private schools.

Notwithstanding the foregoing, each active adult residential community may set aside one dwelling unit to be occupied by a superintendent or building manager, to which the limitations on occupancy set forth above shall not apply.

In R-22, R-15 and R-10 Zones, the maximum density bonus is equal to 100% of the maximum residential density, provided that 30% of the additional units permitted as a result of the density bonus shall constitute affordable units.

In MF-1, MF-2 and MF-3 Zones, the maximum density bonus is equal to 20% of the maximum residential density, provided that 35% of the additional units permitted as a result of the density bonus shall constitute affordable units.

For nonresidential zones, the maximum residential density shall be calculated by applying the zoning district of abutting residential parcels and calculating a theoretical unit count based upon a standard subdivision map. For nonresidential parcels that abut more than one residentially zoned parcel, the maximum residential density shall be calculated by applying the zoning district of the residential parcel with the greatest percentage of property abutting the subject property. For nonresidential zones abutting R-22, R-15 and R-10 Zones, the maximum density bonus is equal to 100% of the maximum residential density, provided that 30% of the additional units permitted as a result of the density bonus shall constitute affordable units. For nonresidential zones abutting MF-1, MF-2 and MF-3 Zones, the maximum density bonus is equal to 20% of the maximum residential density, provided that 35% of the additional units permitted as a result of the density bonus shall constitute affordable units.

The Town Board may, in its discretion, grant less than the maximum density bonus with a corresponding pro-rata reduction in the number of required affordable units. The density bonus shall be established on a case-by-case basis by the Town Board using comparisons of traffic, impervious surface, proposed numbers of affordable units, variety of housing types and any other development-related factors the Town Board deems to be relevant, including, but not limited to, the surrounding residential zones.

Funding of costs to be incurred by the Town in the administration and enforcement of the affordable housing program (established within this section) and including such activities with respect to affordable units established under this chapter, as well as funding of such future affordable housing programs as the Town may otherwise establish by legislation, order, or resolution;

Defraying consulting fee expenses incurred, or to be incurred, by the Town in the establishment of such affordable housing programs;

Defraying the cost of improvements to municipal infrastructure, including but not limited to roads, water, sewer, and drainage improvements, to the extent such capital expenditures are incurred in order to promote the development of affordable housing;

The deposit of payments proffered by project sponsors in mitigation, where deemed suitable and appropriate by the Town, of any private residential development proposal's failure to provide affordable housing; and

Any other purpose authorized by state or local law in connection with the expansion or improvement of affordable housing opportunities within the Town, including but not limited to establishment, to the extent authorized by law, of a program of grants or loans to not-for-profit or for-profit entities.

The Affordable Housing Trust Fund may be employed for deposit of the proceeds of public grants or loans to the Town of Clarkstown to promote affordable housing opportunities, administration and/or enforcement, as well as to accept private monetary contributions to the Town for that donative purpose or for purposes of voluntarily mitigating the potential socioeconomic and environmental impacts of not providing affordable housing in residential development proposals of significant scale and dimension, particularly where, through the device of rezoning or otherwise, the developer seeks to procure increased density of development by means other than pursuit of the affordable housing incentives set forth in this section.

Every purchaser or renter of an affordable unit shall certify, on a form prescribed by the Town, that such unit is the primary place of residence. Purchasers of affordable dwelling units shall not be permitted to lease said units to other parties, this being enforced by a deed restriction. No developer shall sell or rent any unit without first obtaining such verified certificate from the purchaser.

The landowner and developer shall file a declaration at the time of subdivision or site plan approval identifying the units which are affordable units, and restricting their future sales price and rental price under the provisions of this section. The declaration shall include a provision requiring that every deed for an affordable unit shall include the following paragraph to inform all future sellers and buyers or renters that this unit is an affordable unit subject to the provisions of this section:

Affordable units constructed or offered for sale in the AAR Zone may be sold only after one year following the date of original sale. The sale price shall not exceed a price that equals the original purchase price plus the increase in the cost of living for the region as determined by the United States Department of Labor's consumer price index between the date of original purchase and the date of resale, plus a fair market value for improvements made to the unit.

The Town Board may, as a condition to approval of an application, require the applicant to contract with a qualified agency to administer, maintain and oversee affordable units.

Dwelling units shall be air-conditioned with individual thermostatic controls for heating and air conditioning;

All dwelling units shall incorporate design features, to the maximum extent practical, which ensure the safety and convenience of the residents, including, but not limited to, elevators, provision of grab-bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.

Provisions for washers and dryers to be installed in individual dwelling units unless this provision is deemed impractical by the Planning Board.

If pets are permitted, specific pet walking areas designated and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.

The Planning Board shall review and conduct a public hearing on all applications for development in the AAR District in accordance with the provisions of this chapter.

The Planning Board shall refer the site plan to the Architectural Historic Review Board for recommendations prior to approval.

For all developments including detached and semi-attached patio homes and multi-unit complexes, the applicant shall set aside park and usable open space or may be required to pay a fee, as an alternative to reservation of land, as per § 246-12C.

Where not modified by this section, all other conditions of the site plan approval and/or subdivision regulations of the Town shall apply, including but not limited to Chapter 246 and Chapter 254.

Purpose and legislative intent. The Town Board of the Town of Clarkstown finds that it is desirable to create hamlet center overlay districts in various hamlets to:

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

Conflict with area and zoning regulations. Wherever there is a conflict between the regulations of a hamlet center overlay district and any other zoning district, the regulations of the hamlet center overlay district shall apply.

Administration and approval process. All applications for renovation or new construction for property within any hamlet center overlay district shall be required to apply for and receive approvals as shown for each of the following situations:

Recording of hamlet center overlay district boundaries. Upon approval of any hamlet center overlay district, the Department of Engineering and Facilities Management shall immediately amend the Zoning Map to designate the added hamlet center overlay district.

Design guidelines. All applicants for renovation or new construction for property within any hamlet center overlay district shall be required to submit plans that respect the precedents and styles that relate to the early history of each respective hamlet center. All plans must be in keeping with these guidelines for:

(Reserved)

(Reserved)

(Reserved)

(Reserved)

(Reserved)

(Reserved)

(Reserved)

(Reserved)

Severability. If any portion of this chapter shall be declared void, ineffective or unconstitutional by any final decision of any court of record having jurisdiction, this entire chapter shall be deemed null and void and shall have no force or effect.

Congers Hamlet Center Overlay District.

Valley Cottage Hamlet Center Overlay District.

(Reserved)[7]

(Reserved)[8]

Nanuet Hamlet Center Area.

The purpose and intent of the Hamlet Commercial District is to reinforce and protect the existing historic character of the hamlet by encouraging renovation and new construction which is in keeping with the local historic scale and character as recommended in the Town Comprehensive Plan.

The area and boundaries of this district are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration, commercial signs and exterior lighting within the Hamlet Commercial District.

Drive-through facilities for restaurants, banks or retail establishments.

Automotive sales (new or used) and automotive fuel sales.

Automotive service or wash.

Motels.

Notwithstanding the provisions of § 290-31D(2)(c), all applicants for mixed use pursuant to this section shall obtain site plan approval from the Planning Board.

Residential dwelling units are permitted only on upper floors of the building with commercial (nonresidential) space on the ground floor level.

Each dwelling unit shall be a minimum of 700 square feet and must include a minimum of one bedroom (no studio apartments) up to no more than two bedrooms with a maximum of 1,200 square feet.

New mixed-use developments shall not exceed a density of eight dwelling units per acre, and no building shall contain more than 10 dwelling units.

Existing structures converted to include apartments must also comply with the following:

All child day-care centers shall obtain site plan approval and must comply with the specific provisions of § 290-17Z.

Staggered hours parking/linked parking lots. The Planning Board may authorize, at its discretion, a reduction of up to 10% of the minimum parking spaces for multiple property owners who link and share their adjacent parking areas or for new mixed-use developments where it can be shown that the uses have staggered demand schedules over the course of a typical day.

Site planning and landscaping.

Parking and dumpster areas.

Architectural design. All exterior architectural design shall be approved by the Architectural Historic Review Board.

Exterior materials. All exterior materials shall be approved by the Architectural Historic Review Board.

Utilities. All new or relocated utility poles for electric, cable and telephone within the Hamlet Commercial District shall not exceed 50 feet in height and shall be located in the rear lot area or placed underground wherever possible.

Sign standards. All signs shall be approved by the Architectural Historic Review Board, with referral and recommendation by the Architectural Historic Review Board, if applicable.

Exterior lighting standards. Exterior lighting for all new construction and exterior renovations shall be in accordance with the design standards of this section.

The purpose of the Neighborhood Shopping District is to provide for areas of small commercial and mixed-use development in a suburban neighborhood center or small "hamlet center support" setting along major transportation corridors. The primary use is intended to be small commercial (retail) and professional activities, with opportunities for mixed-use multifamily residential uses. District development standards promote attractive development, an open street appearance, and compatibility with adjacent residential areas. Development is intended to complement the aesthetics of the neighborhood. Parking is intended to be placed behind or to the side of principal buildings.

The NS District is intended to:

The area and boundaries of this district are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration within the Neighborhood Shopping District.

For detail on specific uses, see the Use Table for the NS District[1]. In general, permitted uses in the NS District include:

Multifamily residential dwellings located over ground-floor retail, service or commercial office uses (mixed-use development); the special permit is only applicable to Neighborhood Shopping zones located along U.S. Route 9W in Clarkstown. One of the purposes of offering conditional uses within the NS District is to enable applicants to incorporate additional housing opportunities within close proximity to a suburban neighborhood shopping center, creating a small "hamlet center support" setting along a major transportation corridor that offers multiple transportation alternatives. Commercial activities within the NS District shall offer neighborhood shopping convenience goods and office or professional services to on-site or adjacent multifamily uses in addition to surrounding residential and recreational areas of the Town. Commercial uses are intended for use primarily by the local neighborhood, but may include specialized uses that attract persons throughout the Town. It is not intended to include commercial uses that attract shoppers from a larger area, such as adjacent towns or counties. All of the following conditions must be met in order to qualify for a conditional use special permit to be granted by the Planning Board.

Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment. Outdoor dining that is incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen as permitted in the NS District shall be permitted upon the approval and granting of a conditional use special permit, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses. All of the following conditions must be met in order to qualify for a conditional use special permit to be granted by the Planning Board.

Child day-care center. All child day-care centers must comply with the specific provisions of § 290-17Z and are subject to site plan approval by the Planning Board, of which the approved site plan shall accompany the application for special permit.

Senior citizen housing, subject to the following conditions:

Ground floor uses.

Sidewalks. Sidewalks conforming to Clarkstown specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.

Access management.

Open storage yards or outdoor storage facilities.

Open storage yards or outdoor storage facilities are not permitted in the Neighborhood Shopping District.

Surface parking shall be located as much as possible to the rear of the building, and to the side of the principal building, to maintain exposure of the building frontage/facade to the street.

Indoor parking shared by residents may be considered, and enclosed ground-floor indoor parking may be considered with the appropriate design treatments. Indoor parking shall generally be integrated within the principal building or constructed as a separate structure behind the principal building.

Shared parking is to be encouraged for all uses in a NS District. Access to the district shall be minimized to reduce dangers associated with vehicle access and egress on major roadways. Truck loading, unloading and parking should be placed on the rear side of the building (the side farthest from the nearest major roadway).

The Planning Board may authorize at its discretion a reduction of up to 10% of the minimum parking spaces for multiple property owners who link and share their adjacent parking areas where it can be demonstrated that the uses have staggered demand schedules over the course of a typical day.

All new commercial and multifamily construction, additions, exterior renovations requiring a building permit or site plan review, including signs, exterior lighting, landscaping and changes to exterior materials, facade, or colors within the NS District shall be approved by the Architectural Historic Review Board.

Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The pedestrian entrance(s) to commercial uses shall be operable during normal hours of business operation.

That certain Hamlet Center neighborhoods should ideally be compact, pedestrian oriented and mixed use where ordinary activities of daily living can occur within walking distance, allowing more independence to those who do not drive.

That growth strategies for the Hamlet Center should encourage infill and more efficient redevelopment of existing lands.

That buildings and landscaping should work together to create meaningful outdoor public spaces.

That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.

That the overall design and density of the hamlet should reflect the character of a traditional small town Main Street.

That meeting the growing parking needs of the Hamlet Center can best be achieved by encouraging a comprehensive system of shared or dedicated parking areas.

That the character of the Hamlet should be defined by building form, architecture and landscaping - not by parking lots.

That development should adequately accommodate automobiles while respecting the pedestrian and the important spatial form of public areas.

That new development should be sensitive to the existing neighborhoods and carefully designed to minimize adverse impacts to quality of life.

That civic buildings and public gathering places should be provided as locations that reinforce community identity.

That the harmonious and orderly evolution of these ideas are best secured through zoning which guides development toward the desired form and character of the hamlet.

The provisions of this section apply to all new development, redevelopment or alterations (excluding single-family residential homes) within the New City Hamlet zoning districts, including:

The provisions of this section also include specific design requirements related to the following:

The Town of Clarkstown is exempt from the provisions of this section.

Civic & Cultural District [H1]. The Civic & Cultural District is intended to define the heart of the New City Hamlet with public spaces such as parks, civic buildings and cultural amenities. An open "campus style" development is encouraged here, with large lawns, outdoor spaces and buildings set back from the street, in keeping with the character of the historic County Courthouse property.

Hamlet Neighborhood District [H2]. The Hamlet Neighborhood District is intended to be a mixed-use neighborhood which provides housing opportunities, small-scale local shopping and services to the immediate area while maintaining the residential scale and character of the streets. The goal is to provide an opportunity area for small local businesses to establish themselves in a location which has been slowly transforming from residential to commercial uses, while maintaining the charm and character of the existing neighborhood.

Hamlet Transition District [H3]. The primary goal of the Hamlet Transition District is to promote continued redevelopment along Main Street commercial properties to help define a consistent public street space and enhance the pedestrian environment. To this end, new buildings in this district fronting Main Street are encouraged to be two stories. It is also intended to act as a transitional buffer between the commercial activity along Main Street and the various residential neighborhoods to the west.

Hamlet Center District [H4]. The intent of the Hamlet Center District is to promote development and redevelopment along the Main Street corridor to define a consistent public street space and enhance the pedestrian environment. To this end, new buildings in this district fronting Main Street are encouraged to be two stories. Additionally, mixed-use residential developments are encouraged to provide housing opportunities and promote an active streetscape both day and night.

Interpretation of boundaries. Interpretation of actual district boundaries shall be in accordance with the provisions of § 290-9, Interpretation of boundaries.

The area, bulk and density requirements within districts H1, H2, H3 and H4 shall be as set forth below:

Building setback requirement. All building setbacks within the H1, H2, H3 and H4 Districts shall be measured from the property line. The Planning Board may require the front facade of new construction or additions to align with the front facade of existing neighboring structures so as to create a consistent street wall.

Building heights in the H3 and H4 Districts. Buildings in the H3 and H4 Districts are encouraged to have a minimum two-story frontage for all facades abutting Main Street within the required facade line. This building height may step down to one story in the rear of the building. The second story should include occupiable space. Extended parapets, false facades or similar artificial methods of increasing the building height to appear as two stories are not permitted. The purpose of this is to maximize facade presence along Main Street to create a strong street wall and encourage more efficient use of commercial land.

Maximum building height in H4 District. Building heights may be extended with Planning Board approval, and the provision of the following conditions: For any portion of a building 45 feet in height, the conditions of Subsection E(4)(a) and (b) below must be met. For any portion of a building 70 feet in height, the conditions of Subsection E(4)(a), (c), (d) and (e) below must be met.

Frontage buildout percentage in the H3 and H4 Districts. The frontage buildout percentage is the percentage of the lot width which must be occupied by building facade within the allowable setback range (the required facade line). For example, a 100-foot-wide lot which requires a 50% frontage buildout would require that at least 50 feet of facade must be located between the minimum and maximum setback range. Any additional facade width beyond that 50 feet would be permitted to step back farther from the road. The intent of this requirement is to encourage development to maximize front facade width along the street, increase storefront exposure to pedestrians and infill gaps in the street wall. Shopping centers on two acres of land or greater are exempt from this provision.

Parking setbacks. Parking setbacks abutting a residential district shall comply with the specific residential buffer requirements of § 290-7.5I(12)(h). Parking setbacks shall not apply to common lot lines where the parking lots of two adjacent properties are connected or merged.

Greenspace and landscaping requirements. All sites and parking areas shall be suitably landscaped as specified in § 290-7.5I(12) and J to meet the minimum greenspace percentages, as approved by the Architectural Historic Review Board. Up to 5% of this greenspace requirement may be alternately achieved with the use of pervious surfacing for walkways or parking areas, as approved by the Architectural Historic Review Board.

Corner lots. On a corner lot, each line which abuts a street shall be deemed to be a front lot line. 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 which shall be the required rear yard; except where such lot abuts a residential district, such abutting line shall be designated the rear yard.

Lots divided by district boundary. Notwithstanding other provisions of this zoning law, on lots divided by a district boundary, the part of such lot within each district shall be regulated by the area and bulk requirements of their respective district. The required greenspace, number of dwelling units or parking spaces may be equal to the proportional sum of that required in each district, and such totals may be located anywhere on the lot where normally permitted by these regulations.

Lot lines adjacent to a more restrictive district. The requirements of § 290-20C shall not apply within the H1, H2, H3 or H4 Districts.

Preexisting facades beyond the minimum setback line. Preexisting building facades which are closer than the permitted minimum front setback are considered conforming for the purposes of this section, and may continue to remain or rebuild at their current location.

Preexisting facades beyond the maximum setback line. The Planning Board may approve building additions which do not meet the maximum setback requirements in specific instances where full compliance would cause extreme difficulties or an undue restriction on improvements of properties which would otherwise meet the goals and intent of this chapter, limited to the following:

Mixed-use developments within the H4 Zoning District are eligible for a density bonus of an additional three 3 units per acre (up to 13 units per acre maximum) if the following condition is met:

Requirements for affordable units.

General. All uses shall comply with the provisions of § 290-13, Performance standards.

Special permit uses. All special permit uses listed in this chapter shall comply with the provisions of Article IV.

Special permit dimensional reductions. The Planning Board may, by supermajority vote, grant a reduction for any dimensional standards specifically required for a special permit use where they find that the requirement is not requisite in the interest of the public health, safety and general welfare, where they are unnecessary as applied to the project or where the applicant can demonstrate extreme difficulties would be encountered with strict compliance with the requirement. The Planning Board, in granting such a reduction, shall make findings of fact on the specific conditions and rational basis for the decision.

Performance standards. The following additional performance standards shall apply for certain uses within the H1, H2, H3 and H4 Districts: