Twenty feet wide.

As wide as its depth.

As wide as the height of the highest wall adjoining said court, whichever is the greatest.

It does not exceed 12 feet in height.

It is set back from any lot line 2/3 the height of such building.

The floor area of all such buildings on the lot does not exceed 10% of the area of the lot.

Is set back at least 25 feet from the front lot line and 10 feet from any other lot line.

Does not cover more than 1% of the area of the lot.

Has a height of no more than 25 feet.

A minimum of 50% of the site shall remain in its natural state and shall not be subject to removal or addition of natural vegetation, soil or subsoil.

An additional 20% of the site shall remain in an open landscaped or open recreational use.

The height of structures shall be determined by the Planning Board in order to achieve the preservation of natural features and quality of adjacent neighborhoods and to reduce the problems of construction and maintenance.

The height of buildings should not block the view of uphill structures on adjacent properties.

The greatest height of any building shall be 150 feet below the top of the mountain ridge line of the Palisades.

Applicants in the Mountain Protection Overlay District shall reimburse the Village for special consultant services required for adequate review of the project, as set forth in the Village schedule of fees.[1]

All development within the Mountain Protection Overlay District shall be subject to site plan review procedures of the Village Planning Board. The Planning Board shall request a review by the Soil Conservation Service of the United States Department of Agriculture for recommendations for soil stability and drainage.

When the Village Engineer deems the project design to be complex or the adequacy of facilities to handle problems of drainage, soil stability or other developmental problems is in question, the project shall be submitted by the Village to a qualified engineering firm for review. Said review shall be received within 30 days, unless the applicant and the Village mutually agree to an extension. The applicant shall reimburse the Village for the cost of such engineering review as set forth in the Village schedule of fees.[2]

It is the intention of this chapter to preserve the present and future natural features of the mountain. Therefore, any Planned Industrial District within a Mountain Protection Overlay District, or any plan or project affecting the face of the mountain must be submitted to the Planning Board for approval. The Planning Board may require a public hearing on the proposed project, subject to the provisions of the Zoning Chapter and the Village Law.

Land Use Area A.

Land Use Area B.

Land Use Area C.

Land Use Area D.

Land Use Area E.

Development coverage.

Building height: maximum 60 feet except that the first row of buildings located adjacent to the promenade shall not exceed a maximum height of 43 feet. Architectural towers, gables, parapets, cupolas and similar architectural features, elevator shafts and bulkheads, stair bulkheads, cooling towers, mechanical equipment, and chimneys shall not be included in the measurement of building height, provided that such structure(s) shall not occupy more than 15% of the roof area in the aggregate of the building, nor be greater than 15 feet in height, nor in any case be more than 10 feet above a roof ridge. Further, in no instance shall such height exclusion form a linear wall equivalent to more than 25% of the length of the building outer wall dimension in aggregate.

Required yards: 10 foot minimum required front, rear and side yards for all uses, except in Land Use Areas A and B, where a minimum set back of 30 feet from the West Street and Maple Avenue rights-of-way is required. Additionally, in all instances buildings shall be set back a minimum of 45 feet from the shoreline except that along up to 20% of the shoreline of each land use area building may be set back a minimum of 30 feet measured laterally from the point of shoreline stabilization of any watercourse or water body, including the Hudson River. For the purposes of this § 245-21.1, the "point of shoreline stabilization" shall mean in the case of naturally occurring shoreline which is not retained, the mean high water line; in the case of vertical bulkheading, shoring or similar retaining structures, the top edge of such structures; and in the case of riprap or other dissipation structures, the top edge of such structures or where the riprap meets a horizontal grade.

Separation between buildings. All buildings shall be separated by a minimum distance of 30 feet.

Off-street parking for all uses shall be provided in a combination of on-street and off-street parking facilities. At least 85% of the parking required any use in the WPD Waterfront Planned Development District shall be located within the boundaries of the WPD Waterfront Planned Development District and the remainder may be located outside of the District boundaries, subject to demonstration by the applicant for site plan approval of adequate control over such spaces. All off-street parking spaces, whether or not located within the WPD Waterfront Planned Development District, shall be located within 500 feet of the uses they are intended to serve.

The minimum number of parking spaces for any use in the WPD Waterfront Planned Development District shall be determined by the Board of Trustees of the Village in connection with an application for site plan approval under Subsection D of this § 245-21.1. In making its determination, the Board of Trustees of the Village shall be guided by the criteria set forth in Article VI of this Zoning Chapter as well as established planning criteria, including concepts of shared use and joint parking.

Each parking space within a parking structure shall be 8 1/2 feet wide and 18 feet long, and each parking space not located within a parking structure shall be nine feet wide and 18 feet long. Handicapped accessible spaces shall conform to the Americans With Disabilities Act Accessibility Guidelines with regard to number and size.

Site plan approval may be granted for properties in the WPD Waterfront Planned Development District for which the applicant is the duly designated qualified and eligible sponsor of the Waterfront Urban Renewal Project (or any portion thereof) under General Municipal Law Article 15 or 15A. Any applicant for site plan approval shall submit a site plan(s) which materially conforms to the approved concept development plan. Site plans shall comply, as to content and completeness, with the specifications of § 245-16F of this Zoning Chapter.

An applicant for subdivision approval shall submit a subdivision plat that complies, as to content and completeness, with the Subdivision Regulations of the Village. All applications for subdivision approval must reasonably conform to the approved concept development plan. All applications for subdivision must be approved by the Village Board of Trustees.

The creative use of land to establish a more desirable living environment than would be possible through the strict application of other sections of the Zoning Code.

Innovation, flexibility and variety in the type, design and layout of mixed-use multifamily development living environments.

Increase the diversity and supply of quality multifamily housing options in the Village.

Provide for an increase in opportunities for commercial development within the Village, integrated with multifamily housing.

Maximize the provision of community, recreational, tax ratable and other service facilities as integral parts of newly constructed residential multifamily housing.

Create a development pattern in harmony with the planning objectives of the Village, and consistent with the character of the proposed PRI site's surroundings and neighborhood, without overburdening the local road system, school district, or other Village infrastructure.

The MPP shall be signed and sealed by an architect, engineer or land surveyor licensed in the State of New York.

The MDP shall be drawn to an engineering scale and contain the date of last revision, north arrow and graphic scale.

The interior road or driveway system of all existing and proposed rights-of-way and easements shall be provided and indicated as to whether public or private ownership is proposed.

A conceptual footprint for each proposed structure shall be drawn in plan view indicating the use of each building, including the floor area and number of tenancies for nonresidential uses, the number of dwelling units, bedrooms, form of ownership of proposed residential dwelling units, and the square footage of spaces accessory to residential dwelling units including recreational areas, assembly spaces, storage spaces outside individual dwelling units, utility areas, laundry, etc.).

Areas of proposed use outside of structures, including areas for surface parking, recreation, public plazas, walkways, and utility areas shall be designated, and any uses identified.

Proposed common open spaces shall be outlined on the MDP and a narrative provided indicating how open spaces are to be owned and maintained, whether they are to be accessible by the public, and the permissible uses contemplated for the open spaces.

Proposed bulk requirements applicable to designated use areas of the site, including building heights, setbacks and yards from proposed site roadways or external existing Village roadways, coverage restrictions, FAR calculations, separation between buildings, and any other bulk constraints necessary to ensure site plans for component use areas are consistent with the plan portrayed in the MDP.

The proposed water, storm and sanitary sewer systems shall be shown and how they are proposed to be connected to the system of adjoining areas shall be indicated.

If natural areas exist on the site, environmental characteristics of the project site shall be shown, including topography, areas of slope in excess of 30%, soils, flood zones, rock outcrops, streams, swamps, lakes, ponds and other wetlands and all proposed alterations of said environmental characteristics.

If the development is to be phased, the MDP shall provide a clear indication of the phasing process at the time of application. Dates of anticipated commencement and completion of the same shall be identified prior to approval.

If the applicant is proposing off-site improvements, plans for installation of the on-site improvements shall be provided, and/or a narrative describing the extent and types of off-site improvements being offered.

If the applicant is seeking density incentives, a calculation of the sought density, and a description of how each incentive is being met.

Conceptual elevations of proposed buildings in each use area, and identification of general architectural or site design features necessary to ensure compatibility with the character of the surrounding neighborhood.

A vicinity map showing all tax lots within 1,000 feet of the boundaries of the PRI Site, the road network serving the area, and the existing zoning districts surrounding the area depicted.

A narrative description of the proposed project, including a showing that the proposal is consistent with the official planning objectives of the Village as described in the Comprehensive Plan and LWRP.

Estimates of the projected population including the school-age population.

A traffic impact study (TIS) by a licensed professional. Estimates of peak-hour traffic generation derived from the proposed development and identification of the proposed access locations shall be included, as well as the capacity of existing streets and intersections in the vicinity to handle projected increases in traffic from the development. Identification of proposed traffic improvements to mitigate any moderate or large traffic impacts shall be included. Required parking to meet peak and 80th percentile demands shall be calculated, and the manner of meeting peak and 80th percentile demands described.

A preliminary analysis of the fiscal impacts of designation of a PRI on the development parcel shall be provided with the zoning petition.

Documentation of the market need for the proposed project.

A completed New York State SEQR Full Environmental Assessment Form, (FEAF) Part 1.

Any other information as the Village Board deems appropriate. Nothing herein shall be construed to prevent the Village Board from seeking additional information as it deems relevant.

Residential density. The permissible base residential density of a PRI shall be no more than 25 residential dwelling units per gross acre of the PRI site.

Maximum height. The maximum height shall be four stories and 48 feet; however, five stories and 60 feet may be permitted under limited appropriate conditions as determined by the Village Board, such as for architectural towers located at property corners, or where due to setback the higher portion of the structure would not to be apparent to views from the street. Parking below the first floor shall not be counted as a story, if located at least 50% below finished grade.

Maximum development coverage (percent) shall be 90% of net lot area.

Maximum front yard for new structures shall be 10 feet, or the average of the existing front yards on either side of the PRI site, whichever is less, except where a landscaped public plaza, courtyard or open space is proposed along the street frontage. When such a public plaza, courtyard or open space is provided, the maximum front yard shall be no more than 60 feet or the lot width, whichever is less, only for that portion containing the public plaza, courtyard or open space. No parking shall be proposed between a structure in the PRI district and a public street. Where a structure exists on the site and does not conform to this standard, the Village Board may waive this standard and authorize the reuse and or expansion of the existing structure where doing so will conserve energy and resources, reduce greenhouse gas emissions, and will not significantly negatively impact the pedestrian realm along the street.

Minimum setback from lot lines other than street lines shall be 20 feet for new principal structures and five feet for new accessory structures and uses. Where a structure exists on the site and does not conform to this standard, the Village Board may waive this standard and authorize the reuse and/or expansion of the existing structure where doing so will conserve energy and resources, reduce greenhouse gas emissions, and will not significantly negatively impact adjoining users.

Maximum number of bedrooms per unit: In order to reduce the potential for impacts on public school district facilities and transportation services, no unit shall contain more than three bedrooms and not more than 20% of units shall be three-bedroom. The Village Board may constrain this further based on a review of fiscal impacts when considering a PRI petition.

Green buildings - A density bonus of 20% of the base density may be applied for units that are located within a proposed structure eligible for Leadership in Energy and Environmental Design (LEED) Green Buildings rating system Gold certification, Three Green Globes certification by the Green Building Initiative, HUD Green Mortgage Insurance Premium Reduction Certification, or equivalent standard promulgated by a reputable green building certification service at the sole discretion of the Village Board. The Village Board may hire a qualified professional to review the green building technologies being incorporated into the project to verify eligibility of the standard, and the applicant does not necessarily need to receive certification prior to approval of the MDP.

Solar energy - A density bonus of 20% of the base density may be applied for units that are located within a proposed structure with a minimum surface area of photovoltaic cells equal to 33% of the roof area and located on a flat roof, not visible from street level.

Historic preservation or adaptive reuse - A density bonus of up to 30% of the base density may be applied in projects proposing to preserve a significant portion of a building(s) or structure(s) or adaptively reuse a building or structure identified by the Village as being of significant historical, cultural, or architectural significance in a manner that preserves the structure's value to the community. The Village Board will be solely responsible for determining whether this standard is met, but may request the advice of any qualified Village land use board (including but not limited to the Planning Board, Architectural Review Board, Landmarks Preservation Board) or retain professionals to advise upon these matters. The Village Board may award less than the full bonus where it believes that the structure is only of partial value or is not being preserved to the maximum extent practicable.

Infrastructure improvements - A density bonus of up to 30% of the base density may be applied in projects proposing infrastructure improvements, as negotiated by the Village Board for improvements that are not directly needed, required or related to the development of the proposed project but will be able to be utilized by the proposed project's residents or will indirectly improve the project or its site-related infrastructure. The value of infrastructure improvements to meet this incentive shall be at least equal to six times the HUD monthly fair market rent for the project. Infrastructure improvements may include but are not limited to traffic, streetscape or water and sewer system improvements. Where the Village Board finds that only a portion of the value described herein is being met, it may grant a partial incentive roughly equivalent to the portion of the value being provided. By mutual agreement of the Village Board and applicant, money in lieu of improvements may be provided.

Beautification and streetscape improvements - A density bonus of up to 30% of the base density shall be provided in projects proposing streetscape improvements or other community beautification of publicly owned spaces of value equivalent to three times the HUD monthly fair market rent for the project for improvements proposed on Main Street, New Main Street, Broadway, Broad Street or Maple Avenue. Improvements proposed to other streets must be equivalent to six times the HUD monthly fair market rent. Streetscape or public improvements must be performed within 500 feet of the proposed site, within the CBD zoning district, or along streets connecting the project to the CBD zoning district. Where the Village Board finds that only a portion of the value described herein is being met, it may grant a partial incentive roughly equivalent to the portion of the value being provided. By mutual agreement of the Village Board and applicant, money in lieu of improvements may be provided.

Public space - A density bonus of 15% of the base density shall be provided in projects committing a significant portion of at least 5% of the PRI site area, or as otherwise negotiated by the Village Board, of contiguous land to be used for public open space, community gardens, public civic space, deemed a benefit to the community by the Village Board, either by conveying the land to the Village for such purposes or by other means such as covenants and deed restrictions. The grant of this incentive in exchange for public space shall not be deemed to relieve the applicant from providing its fair share of public parkland or money-in- lieu thereof, should the Planning Board determine that a proper case exists for requiring such parkland or money-in-lieu in accordance with New York State Village law.

Environmental remediation - A density bonus of 15% of the base density shall be provided in projects proposing environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required in order for the development to take place.

Affordable housing - A density bonus may be applied as per Article XI, Affordable Housing.

Incubator/fresh food market space - A density bonus of 10% up to 25% of the base density shall be permitted in projects proposing an on-site space for use by the Village as an incubator space, fresh food market or other public benefit space, where the Village Board finds that such a space would be of particular benefit to and appropriate to the local neighborhood in which the PRI site is located. The density bonus shall be 10% of base units for 2% of total interior floor area or 2,000 square feet, whichever is greater. An additional bonus of 5% of base units shall be added for each additional 1% of total interior floor area or 1,000 square feet, whichever is greater. The applicant will enter into a gross lease with the Village for a term of no less than 35 years, over which term the lease shall specify a monthly rent not to exceed HUD Fair Market Rent (FMR) for an efficiency in Rockland County for the first 2% of floor or 2,000 square feet of floor area, whichever is greater, and 1/2 of FMR for each additional 1% or 1,000 square feet. The lease shall specify that the space is to be used as a business incubator, fresh food market or other community beneficial use acceptable to the Village Board and the applicant, and may establish a range of acceptable uses where an incubator is proposed. The Village may assign its lease or sublease the space to a reputable operator (including but not limited to the Rockland County IDA, Chamber of Commerce or State University of New York) or tenant to be approved by the landlord. A fresh food market shall devote at least 50% of its leased floor area to the sales of fresh foods such as fruit, vegetables, nuts, grains, legumes, meat, fish and/or dairy products. Fresh food markets may also have floor area devoted to the sale of prepared food products, packaged goods, and or on-site consumption of products sold on premises, but such areas shall not count toward the 50% requirement. By mutual agreement of the Village Board and applicant, the space to be leased to the Village in satisfaction of this incentive may be located off-site if located within the CBD district and of equivalent size to the on-site space to be provided.

Public parking - A density bonus of up to 30% of the base density shall be provided in projects proposing on-site public parking spaces which equal 50% of the required parking for the project in addition to the full parking requirement. Subject to approval of the Village, the landlord may offer such parking to the public for a reasonable fee consistent with the fee assessed for public parking offered elsewhere by the Village and subject to operating terms and allocation of economics satisfactory to the Village. The Village may grant a partial and equivalent bonus where less than 50% is provided. An additional 5% of the base density may be granted where no less than five public parking spaces are also provided electric charging stations, which shall be maintained as an ongoing requirement of the certificate of occupancy.

Resident relocation - A density bonus of 15% of the base density shall be provided in projects where, due to the circumstances of the real estate transaction, displacement of tenants will be a consequence of the redevelopment of a site or reuse of a building or structure, and where the applicant has developed a relocation plan approved by the Village Board that incorporates many or all of the following elements or alternative assistance:

Critical project - The Village Board may increase the eligible percentage density bonus(es) by 50% and/or the base density bonus by up to 50% where it determines in its sole judgment that the project economics require higher densities and that the project is particularly critical to the redevelopment of the Village by one or more of the following reasons:

Residential focused PRI developments - where 80% or more of net interior floor area exclusive of nonleasable floor area is devoted to residential use shall be as follows:

Mixed-use PRI developments - Where less than 80% of net interior floor area exclusive of nonleasable floor area is devoted to residential use, the applicant may provide parking to meet the 80th percentile parking demand as calculated by a qualified traffic engineer based on the mix of uses and diverging peak demands of the uses proposed therein. For the purposes of this floor area calculation only, live/work space shall not be counted toward residential floor area. The Village Board may retain a traffic professional in order to review such parking calculations.

Off-site parking may be provided to meet the above requirements if it is located on land in the same ownership as the PRI site and within 300 feet of the PRI site perimeter.

Funds may be paid to the Village in lieu of providing required off- street parking, at a per-space rate established by the Village Board to be approximate to the construction cost of a surface parking space including land, upon demonstrating that sufficient on-street or other public parking is reasonably available for the use of the PRI residents, without creating an adverse impact on the availability of existing public parking for uses in the neighborhood.

Offices for professional, governmental and business use.

Supermarkets, food sales, liquor stores.

Retail pharmacies.

Banks.

Apparel stores, variety and stationery stores, office supply and card stores, newspaper and bookstore, hardware stores, party supply, toy and hobby stores, pet shops, retail electronic stores, home appliance stores, jewelry and art shops, home furnishings and furniture stores.

Pick-up and delivery stores for dry cleaning.

Personal service establishments dealing directly with consumers (such as barber shops and beauty parlors, tailor shops).

Photographic studios, copy and print shops, medical testing and diagnostic facilities.

Restaurants, coffee shops, taverns, bakeries, delicatessens, pizzerias, ice cream shops.

Health clubs and spas.

Any principal or accessory nonresidential use listed as an authorized use in the R-1, R-1T, R-1C, R-2, R-3, CBD, or PO zoning district, excluding:

Multifamily residences.

Single-family attached, detached and semi-attached structures.

Live/work spaces where work spaces are visible from and have direct access to the street level.

Accessory uses, related and subordinate to the principal uses of the PRI, including but not limited to storage and maintenance buildings, recreation buildings and uses, clubhouses, management offices and utility structures serving the PRI, may be approved by the Village Board during their review of the MDP for the PRI.

Any accessory use to a residential use authorized in the R-1, R-1T, R-1C, R-2, R-3, CBD or PO zoning district.

There shall be a maximum of 100 feet of building length without interruption or articulation.

Any story with direct at-grade access to Main Street, New Main Street, or Broadway shall be used solely for commercial nonresidential uses, and no story of the proposed structure or structures shall have a floor area greater than two times the floor area with direct at-grade access to those streets. Principal structures shall occupy at least 80% of the linear frontage along these streets.

Any ground floor stories with at-grade access to Maple Avenue within 250 feet of New Main Street or Broad Street within 250 feet of Broadway shall have at least 50% of its interior floor area devoted to commercial nonresidential uses and no story of the proposed structure or structures shall have a floor area greater than three times the floor area with direct at-grade access to those streets.

Robust plantings and landscaping shall be required along streets and property lines and internally when appropriate, as determined by the Planning Board.

Stormwater quantity and quality measures, consistent with state and Village requirements, shall be applied to any PUD project.

All electric, telephone, cable television, internet and similar distribution lines shall be installed underground.

The developer shall provide all necessary fire hydrants, refuse disposal facilities, water and sewer facilities, storm drainage, paved road access, paved parking and loading facilities and off-street lighting, making reasonable provision for utility service connections with adjoining properties in other ownerships.

Parking and loading areas, refuse disposal facilities and other accessory uses within the PRI development shall be located to be compatible with nearby residential uses. Such uses shall be adequately screened where adjacent to residential development. Entrances to parking areas shall be located in a manner so as to be not visually obtrusive to the public right-of-way.

All utilities and drainage facilities shall be built to the approval of the Village Engineer.

The right-of-way and pavement widths for internal roads of the PRI, off of the frontage street, shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or other emergency vehicles.

A traffic impact study (TIS) is required prior to the adoption of a PRI pursuant to this § 245-21.2. During the site plan application approval process, the applicant shall provide any necessary traffic improvements identified in the TIS; and/or funds and land dedications to allow others to provide such improvements, that will be needed to mitigate any moderate or large traffic impacts identified through the SEQR process.

Sidewalks should be provided along the frontage of the PRI along existing streets and on each side of any internal street or parking area where residences or nonresidential buildings are proposed.