Zoneomics Logo
search icon

Haverstraw City Zoning Code

ARTICLE V

Other Bulk Regulations; Mountain Protection District; Average Density

§ 245-18 Bulk regulations subject to additional regulations and exceptions.

The bulk regulations in the Bulk Table shall be supplemented by and subject to the additional regulations and exceptions as set forth in this Article V.[1]
[1]
Editor's Note: The Bulk Table appears at the end of this chapter.

§ 245-19 Additional bulk regulations.

A. 
Additional required yard regulations.
(1) 
Required front yards and maximum height. All required front-yard depths in Bulk Table, Column D, and all maximum building heights based on front lot lines in Bulk Table, Column H, shall be measured from a line hereby established as the designated street line, which shall be parallel to the street center line specified below for each street classification established for each street on the Official Map of the Village of Haverstraw.
Street Classification in § 245-4
Distance of Designated Street Line from Street Center Line
(feet)
Major
40
Secondary
30
Collector
25
Local
25
(2) 
Corner lots. Each lot line which abuts a street shall be a front lot line, and the required yard along both lot frontages shall be a required front yard. 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 the required rear yard.
B. 
If any lot is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk regulations of that district. The number of dwelling units for each part of the lot shall not exceed the number permitted by the district in which the respective part is located, and averaging of dwelling units shall not be permitted. If a lot is divided by a zone district boundary and such lot is capable of providing only a single residential dwelling then such dwelling shall conform to the requirements of that district which encompasses the majority of the land area of the lot.
C. 
Lots within 25 feet of boundary of a more restrictive district. Where a lot line lies within 25 feet of the boundary of a more restrictive district, the required yard and building height requirement along such lot line shall conform to the minimum regulations of said more restrictive district.
D. 
Courts.
(1) 
Dimensions of outer courts. An outer court shall be at least:
(a) 
Twenty feet wide.
(b) 
As wide as its depth.
(c) 
As wide as the height of the highest wall adjoining said court, whichever is the greatest.
(2) 
Dimensions of inner courts. An inner court shall be at least 50 feet in least horizontal dimension. Two open and unobstructed passageways, each at least eight feet and nine feet wide, to permit access by fire-fighting equipment, shall be provided at ground level to any inner court.
E. 
Spacing of buildings.
(1) 
Spacing of residential buildings. No principal residential building shall be closer to any other principal building on the same lot than the height of the taller of the two buildings, provided that the minimum spacing shall be 30 feet.
(2) 
Location of detached accessory buildings. No detached accessory building shall be closer to any principal building than a distance equal to the height of such accessory building, and in no event less than 15 feet.

§ 245-20 Exceptions to bulk regulations.

[Amended 12-19-2011 by L.L. No. 3-2012; 6-16-2025 by L.L. No. 4-2025]
A. 
Small lots for single-family detached residences. A lot, either owned individually and separately and separated from any adjoining tracts of land on the effective date of this chapter, or located in any part of a subdivision plat which has been given preliminary approval by the Planning Board prior to such date, which has a total area, lot frontage or lot width less than the minimum required in the Bulk Table,[1] may be used for a single-family detached residence, provided that such lot shall conform to the use regulations and all the other bulk regulations except as follows:
(1) 
For residential districts.
Lot Width
(feet)
Minimum Each Side Yard
(feet)
Maximum Reduction of Both Side Yards Per Foot Less Than Required
(inches)
75 to 60
10
6
59 or less
7.5
6
(2) 
For all such lots in Subsection A(1) of this section, the height limitation imposed in the Bulk Table shall not apply and the maximum building height shall be 25 feet.
[1]
Editor's Note: The Bulk Table appears at the end of this chapter.
B. 
Permitted obstructions in required yards, courts and usable open space. All required yards, courts and usable open spaces shall be unobstructed except as provided in this section. Since required yards, courts and usable open spaces shall be open to the sky, an obstruction shall include the projection of a structure into such spaces at any level above ground.
(1) 
An arbor, open trellis, flagpole, unroofed steps or unroofed terrace, provided that said unroofed terrace does not exceed one foot above ground level, or recreation or drying-yard equipment shall be permitted in any required yard, court or usable open space without limitation.
(2) 
An awning or movable canopy may project not more than 10 feet; cornices or eaves may project not more than 18 inches; a window sill or belt course may project not more than six inches into a required yard, court or usable open space.
(3) 
An open fire escape may project not more than six feet into a required yard or court, but shall not project into any usable open space.
(4) 
Off-street parking spaces. No accessory off-street parking space, including a garage, is permitted in a required front yard. However, where by reason of exceptional topography it is impractical to construct an accessory garage behind the required front yard, the Zoning Board of Appeals may permit the construction of no more than two enclosed parking spaces within a required front yard, accessory to a residence. In determining the proper location for such facility, consideration shall be given to traffic safety and the effect on nearby property.
(5) 
Corner lots. To ensure adequate sight distance, no hedge, fence, wall or other visual obstruction over two feet above adjacent street pavement and no accessory off-street parking space shall be located within the triangular area prescribed by line connecting the corner of the lot and point on each of the intersecting lot lines forming said corner, located 15 feet from the corner. Shade trees may be permitted, provided that foliage, branches, etc., do not obstruct vision on any street. Non-solid see through fencing may be used, however it is in the Building Inspector's discretion to allow or disallow any fencing they deem to cause a visual obstruction. The homeowner may appeal to the Zoning Board of Appeals if such owner disagrees with the building inspector's decision.
(6) 
Fences. Except as provided in § 245-20B(5) above, a non-solid, see through fence not more than 4 1/2 feet in height is permitted along any lot line from the corners of the front of the home to the side lot lines running up to and across the front lot line. Any fences up to six feet in height are allowed from the front corners of the home to the side lots lines running to and across the rear lot line. The decorative side of the fence shall face outward to the neighboring properties and the street. The Building Inspector shall have discretion to allow or disallow any fencing in situations where this subsection is not clear. The homeowner may appeal to the Zoning Board of Appeals if such owner disagrees with the Building Inspector's decision.
(7) 
Fencing of commercial properties shall be subject to the Building Inspector's discretion. The applicant may appeal to the Zoning Board of Appeals if such applicant disagrees with the Building Inspector's decision.
(8) 
Accessory buildings in required side or rear yards. A building accessory to a single-family or two-family dwelling in any district may be located in any required side or rear yard, provided that:
(a) 
It does not exceed 12 feet in height.
(b) 
It is set back from any lot line 2/3 the height of such building.
(c) 
The floor area of all such buildings on the lot does not exceed 10% of the area of the lot.
(9) 
Accessory buildings in required front yards. Where necessary and appropriate, the Zoning Board of Appeals may authorize the encroachment in a required front yard of any one of the following as accessory to a commercial or industrial use in HB, CBD, PO, PI, WD or M Districts, or to an institutional use in any district: one dwelling unit for a caretaker; gate house; reception office; or watchman's post, provided that such accessory building:
(a) 
Is set back at least 25 feet from the front lot line and 10 feet from any other lot line.
(b) 
Does not cover more than 1% of the area of the lot.
(c) 
Has a height of no more than 25 feet.
(10) 
Location of loading berths. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.
C. 
Permitted height exceptions. The height limitations of this chapter shall not apply to:
(1) 
Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smoke stacks, derricks, flagpoles, radio towers, masts and aerials, where not used for human occupancy, and where such structures do not extend more than 15 feet above the roof.
(2) 
Rooftop stairwells, bulkheads, elevator penthouses, water towers, fire towers, hose towers, cooling towers, air-cooled or evaporative condensers, air-cooled or evaporative-cooled closed circuit coolers, exhaust fans or other air-conditioning or heating equipment; flagpoles, radio or television aerial, provided that such features and equipment are set back from the edge of the roof at least one foot for each one foot by which such features and equipment exceed the maximum height otherwise specified for the district in which they are located. Such features and equipment, in the aggregate, shall not occupy more than 10% of the area of the roof of a building, shall be consolidated into no more than two locations on the roof and shall be visually screened with a material compatible with the color and texture of the building walls or otherwise camouflaged.
(3) 
Parapet walls or cornices which do not exceed the maximum height requirements for the district in which they are located by more than four feet.
D. 
Small lots in the PI District. A lot in PI District, owned individually and separately and separated from any adjoining tracts of land prior to date of adoption of this chapter, whose lot width is less than the minimum requirements set forth for Group M in the Bulk Table shall be developed in conformance with the use regulations and all other bulk regulations except that the total width of both required side yards may be reduced one foot for each foot the lot width is less than one hundred 125 feet, provided that no required side yard may be less than 20 feet.

§ 245-21 Mountain Protection Overlay District.

A. 
Purpose. Development of the Palisades should take into consideration the problems and potential inherent in this area's unique natural features so that the resulting development will generally enhance the character of the Village. The Mountain Protection Overlay District was created to respond to the problems of construction and maintenance of roads and underground utilities; drainage; soil stability and erosion; fire and snow removal service; and to augment those areas suitable for development on the steep slopes of the northerly face of the Palisades, as well as to preserve the maximum amount of natural features of the Village.
B. 
The Mountain Overlay Protection District, M, bulk controls are in addition to those of the present comprehensive zoning districts of the Village. This district utilizes special review procedures and applies special bulk regulations to mountainous areas.
C. 
Use controls. The uses within the Mountain Protection Overlay District are subject to the applicable use regulations of the zoning districts of the subject parcels.
D. 
Bulk controls.
(1) 
Minimum lot areas. The minimum lot area for zoning districts with existing slopes of more than 25% shall be twice the amount that would otherwise be permitted on a site in the same district with less than 25% slopes.
[Amended 6-19-1995 by L.L. No. 1-1995]
(2) 
Open area.
(a) 
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.
(b) 
An additional 20% of the site shall remain in an open landscaped or open recreational use.
(3) 
Setbacks. Setbacks to lot lines and between buildings on the site shall not be less than the height of the nearest building wall.
(4) 
Height.
(a) 
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.
(b) 
The height of buildings should not block the view of uphill structures on adjacent properties.
(c) 
The greatest height of any building shall be 150 feet below the top of the mountain ridge line of the Palisades.
(5) 
Parking. Open parking shall not cover more than 12% of the site.
(6) 
Development review.
(a) 
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]
[1]
Editor's Note: See Ch. 132, Fees.
(b) 
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.
(c) 
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]
[2]
Editor's Note: See Ch. 132, Fees.
(d) 
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.

§ 245-21.1 WPD Waterfront Planned Development District.

[Added 8-11-2003 by L.L. No. 2-2003]
The purpose of the WPD Waterfront Planned Redevelopment District is to facilitate the implementation of the Urban Renewal Plan for the Village of Haverstraw Waterfront Urban Renewal Area and the Village of Haverstraw Local Waterfront Revitalization Program by permitting mixed uses properly sited and designed in accordance with the Village's objectives as set forth in those plans.
A. 
Zoning objectives. An Urban Renewal Plan for the Village of Haverstraw Waterfront Urban Renewal Area (the "Waterfront Urban Renewal Plan") was approved by the Board of Trustees of the Village of Haverstraw, New York, and a map of the Urban Renewal Project Area is attached hereto as Appendix I.[1] The WPD Waterfront Planned Development District is intended to be mapped on land within the Urban Renewal Project Area, and the boundaries of the WPD Waterfront Planned Development District are as shown on the map attached hereto as Appendix II.[2] The objectives of the WPD Waterfront Planned Development District are to provide for comprehensive redevelopment planning within the Waterfront Urban Renewal Area and to encourage and permit the development of the Waterfront Urban Renewal Project as established by and defined in the Waterfront Urban Renewal Plan, which will result in or accomplish the following:
(1) 
The elimination of substandard, blighted, deteriorated and deteriorating conditions within the Waterfront Urban Renewal Area.
(2) 
The development of new multifamily housing to support the downtown commercial center of the Village.
(3) 
The development of new community and recreational facilities to serve Village residents.
(4) 
The preservation and enhancement of property values within and in the vicinity of the Waterfront Urban Renewal Area and provisions for the protection of neighboring areas from any adverse impacts of redevelopment within such district.
(5) 
The enhancement of public access to the Hudson River waterfront.
(6) 
The promotion of regional tourism and a cross Hudson ferry service that support the downtown commercial center of the Village.
(7) 
The encouragement of water dependent and water enhanced uses.
[1]
Editor's Note: Appendix I is on file in the Village offices.
[2]
Editor's Note: Appendix II is on file in the Village offices.
B. 
Permitted land uses and land use controls. Except as otherwise set forth in this § 245-21.1, all of the use, bulk and dimensional regulations and off-street parking requirements for the WPD Waterfront Planned Development District, including, without limitation, those regulating the height, density and arrangement of buildings, shall be applied on an overall basis to the total area of the WPD Waterfront Planned Development District and shall not be applied to any individual lots or parcels within said District, notwithstanding the subdivision of the land within said District into two or more separate lots, parcels or development sites and/or the separate ownership of such lots, parcels or development sites and notwithstanding the construction of the Waterfront Urban Renewal Project in two or more stages or phases, provided that no development within the WPD Waterfront Planned Development District may take place except in accordance with a concept development plan approved by the Board of Trustees of the Village as set forth in subsection C, below, and attached hereto as Appendix II,[3] and approved site plans. The permitted land uses, bulk and dimensional regulations and off-street parking requirements for the WPD Waterfront Planned Development District are set forth below.
(1) 
Uses permitted by right and permitted density of development. The WPD Waterfront Planned Development District is divided into five land use areas as shown and designated on the Map of Land Use Areas in the WPD Waterfront Planned Redevelopment District (the "Land Use Areas Map") approved by the Board of Trustees of the Village in conjunction with the adoption of this § 245.21.1 and shown in Appendix III (attached hereto)[4] of this Zoning Chapter. The types of uses permitted by right and the maximum density of development of such uses are different in each land use area; provided, however, that in no event shall the maximum aggregate density of residential development on all five land use areas exceed 890 dwelling units, of which 5% of the total aggregate number of dwelling units constructed shall be affordable rental housing under Village guidelines. The land uses permitted by right and permitted densities are as follows:
(a) 
Land Use Area A.
[1] 
Uses permitted by right; maximum permitted density of development.
[a] 
Multiple dwellings for rental or sale having a clubhouse which may be made available for use by the public and which may include concierge facilities, business offices (for residents only), meeting rooms, recreational facilities, including a pool, health and fitness facilities, and dry-cleaning drop off only; maximum permitted development of dwellings: 490 dwelling units; maximum permitted development of clubhouse: 15,000 square feet of floor area.
[b] 
Office space and facilities within multiple dwelling buildings and/or within the clubhouse for use by residents of the multiple dwellings on a temporary, as needed basis: maximum permitted development: 3,500 square feet of floor area.
[c] 
Boat club, including boat hauling, launching and mooring, and related uses such as boat service facilities, equipment sales facilities, meeting rooms, locker rooms, and eating and drinking facilities, including cafes and restaurants: maximum permitted development: 10,000 square feet of upland floor area.
[d] 
Water-dependent uses which are not part of a boat club, including boat hauling, launching and mooring, and related uses such as boat service facilities and equipment sales facilities: maximum permitted development: 5,000 square feet of upland floor area.
(b) 
Land Use Area B.
[1] 
Uses permitted by right; maximum permitted density of development.
[a] 
Multiple dwellings for rental or sale with or without a clubhouse which may be made available for use by the public and which may include concierge facilities, business offices, meeting rooms, recreational facilities including a pool, health and fitness facilities, dry-cleaning drop off only, and automatic teller machines: maximum permitted development of dwellings: 250 dwelling units; maximum permitted development of clubhouse: approximately 3,000 square feet of floor area.
[b] 
Office space and facilities for use by residents of multiple dwellings on a temporary, as needed basis: maximum permitted development: 3,500 square feet of floor area.
[c] 
Passenger ferry service with docking facilities and related parking.
[d] 
Water-dependent uses, including boat club, boat hauling, launching and mooring, and related uses such as boat service facilities and equipment sales facilities: maximum permitted development: 10,000 square feet of floor area.
[e] 
Temporary sales/rental center for dwelling units under construction on Land Use Area A, B and C.
(c) 
Land Use Area C.
[1] 
Uses permitted by right; maximum permitted density of development.
[a] 
Multiple dwellings for rental or sale: maximum permitted development: 150 units.
[b] 
Restaurants with or without catering; cafes; and inns for short-term lodging: maximum permitted development: 50,000 square feet of floor area.
[c] 
Water-dependent uses, including boat club, boat hauling, launching and mooring, and related uses such as boat service facilities and equipment sales facilities: maximum permitted development: 10,000 square feet of floor area.
(d) 
Land Use Area D.
[1] 
Uses permitted by right; maximum permitted density of development.
[a] 
Multiple dwellings for rental or sale: maximum permitted development: 50 units.
[b] 
A children's museum or similar use: maximum permitted development: no maximum. "Similar use" shall mean an educational or cultural facility that reflects the character and interests of the Village, region and Hudson Valley and will enhance the Village's tourist economy.
[c] 
Municipal parking garage: maximum permitted development: no maximum.
[d] 
Retail uses: maximum permitted development: 15,000 square feet of floor area.
[e] 
Permanent municipal commuter ferry docking facility with related parking and a combined ferry, fishing and recreational pier: maximum permitted development: no maximum.
(e) 
Land Use Area E.
[1] 
Uses permitted by right; maximum permitted density of development.
[a] 
Multiple dwellings for rental or sale: maximum permitted development: 10 units.
NOTE:
For the purposes of this § 245-21.1, the term "floor area" shall mean floor area of a building as defined in § 245-3 of this chapter.
[4]
Editor's Note: Appendix III is on file in the Village offices.
(2) 
Permitted accessory uses. Permitted accessory uses shall be all uses customarily accessory to uses permitted by right, including off-street parking and loading facilities and home occupations in multiple dwelling units subject to § 245-14F of this Zoning Chapter; provided, however, that home occupations shall only be located on the ground floor of a building.
(3) 
Other bulk and dimensional regulations. In addition to the maximum permitted densities set forth above, all uses in the WPD Waterfront Planned Development District shall be subject to the following regulations:
(a) 
Development coverage.
[1] 
Development coverage shall not exceed the following:
[a] 
For Land Use Area A: maximum 75%;
[b] 
For Land Use Area B: maximum 75%;
[c] 
For Land Use Area C: maximum 75%;
[d] 
For Land Use Area D: as determined by the Board of Trustees of the Village in connection with site plan approval;
[e] 
For Land Use Area E: as determined by the Board of Trustees of the Village in connection with site plan approval.
[2] 
Provided, however, that in no event shall the total development coverage of the entire WPD Waterfront Planned Development District exceed 80%. For the purposes of this § 245-21.1, the term "development coverage" shall mean the percentage of ground coverage of a land use area by buildings and all other impervious surfaces.
(b) 
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.
(c) 
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.
(d) 
Separation between buildings. All buildings shall be separated by a minimum distance of 30 feet.
(4) 
Off-street parking requirements.
(a) 
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.
(b) 
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.
(c) 
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.
(5) 
Miscellaneous land use controls. A continuous, publicly accessible municipally owned pedestrian trailway shall be created along the Hudson River waterfront in the WPD Waterfront Planned Development District. An applicant for site plan approval of a lot or parcel which contains land along the Hudson River waterfront shall be required to reserve a continuous right-of-way having a minimum width of 20 feet measured laterally from the point of shoreline stabilization (as previously defined in this section) of the Hudson River in which a minimum twelve-foot-wide paved public trailway shall be developed on that lot or parcel in accordance with the concept development plan approved as set forth in Subsection C below.
[3]
Editor's Note: Appendix II is on file in the Village offices.
C. 
Concept development plan. The development of any portion of the WPD Waterfront Planned Development District shall comply with the regulations set forth in this § 245-21.1 and shall conform in all material respects to a concept development plan for the Waterfront Urban Renewal Project ("concept development plan") approved by the Board of Trustees of the Village in conjunction with the adoption of this § 245-21.1 and shown in Appendix IV (attached hereto)[5] of this Zoning Chapter. The concept development plan may be amended by the Board of Trustees of the Village from time to time in accordance with § 245-35 of this Zoning Chapter.
[5]
Editor's Note: Appendix IV is on file in the Village offices.
D. 
Site plan and subdivision approval.
(1) 
Before a building permit may be issued for any use in the WPD Waterfront Planned Development District, a site plan shall be approved in accordance with the provisions of § 245-16 of this Zoning Chapter as modified by the provisions of Subsection D. All or any portion of the land area within the WPD Waterfront Planned Development District may be subdivided either horizontally or vertically for purposes of sale, lease or mortgage and/or (to the extent permitted by law) tax lot creation without regard to any minimum lot area or to any other bulk of dimensional regulation set forth in this § 245-21.1 or elsewhere in this Zoning Chapter, provided that all lots, parcels or development sites so created shall in any event be developed and used only in accordance with the approved concept development plan and with an approved site plan(s). A subdivision plat shall be approved in accordance with the provisions of the Subdivision Regulations of the Village.[6] Notwithstanding anything to the contrary in this Zoning Chapter, authority to approve site plans for uses and subdivisions of land in the WPD Waterfront Planned Development District is vested in the Board of Trustees of the Village.
[6]
Editor's Note: See Ch. 210, Subdivision of Land.
(2) 
Applications for site plan and subdivision approval.
(a) 
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.
(b) 
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.
(3) 
Referral of site plans and subdivision plats to the Planning Board. All applications for site plan approval and for subdivision approval shall be referred by the Board of Trustees, after a determination that the application is complete, to the Planning Board of the Village for its review and advisory report to the Board of Trustees. Within 62 days after the date of the referral to it, the Planning Board shall submit its report to the Board of Trustees, which may recommend modifications to the site plan and/or subdivision plat and/or conditions of approval of either. The Planning Board may, at its discretion, hold a public hearing on the application for site plan approval and/or the application for subdivision approval within the sixty-two-day review period. Notwithstanding anything to the contrary in this § 245-21.1, the failure of the Planning Board to submit its report to the Board of Trustees within the sixty-two-day review period shall not preclude the Board of Trustees from rendering its decision on the referred application.
E. 
Effect on state law. To the extent permitted by state law, the enactment of this § 245-21.1 shall supersede any inconsistent provisions of New York Village Law §§ 7-706, 7-708, 7-725-a, 7-728, 7-730 and 7-738.

§ 245-21.2 PRI Planned Redevelopment Incentive Floating District.

[Added 7-19-2021 by L.L. No. 10-2021]
A. 
Purpose.
(1) 
It is the intent of this Planned Redevelopment Incentive Floating District (PRI) to provide performance criteria in the context of flexible use and design regulations so that infill sites may be developed or redeveloped, incorporating a variety of multifamily dwelling units, businesses, and community facilities and amenities, which are planned and developed as a unit. The PRI Planned Redevelopment Incentive Floating District is authorized by Section 7-703-a of the New York Village Law and is hereby enacted pursuant to such authorization. The PRI is a floating district that may be affixed to parcels by the Village of Haverstraw Board of Trustees, superseding the district shown on the Zoning Map, as provided below.
(2) 
The Village Board may approve a PRI which will achieve the following objectives:
(a) 
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.
(b) 
Innovation, flexibility and variety in the type, design and layout of mixed-use multifamily development living environments.
(c) 
Increase the diversity and supply of quality multifamily housing options in the Village.
(d) 
Provide for an increase in opportunities for commercial development within the Village, integrated with multifamily housing.
(e) 
Maximize the provision of community, recreational, tax ratable and other service facilities as integral parts of newly constructed residential multifamily housing.
(f) 
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.
B. 
Use and bulk standards, special permit and mapping.
(1) 
The designation of a PRI by the Village Board supersedes the use and dimensional specifications contained elsewhere in the Village's Zoning Code, and instead the approved master development plan (MDP) for the PRI site becomes the basis for permanent land use controls for the designated parcel(s). Upon approval, the PRI shall be placed on the Zoning Map and will reference the date of the approved MDP.
(2) 
Once an MDP is approved, the uses specified on the MDP will be considered to be permitted as-of-right. The standards for approval of a PRI are set forth in Article IV, § 245-14T.
C. 
Application procedure and approval process.
(1) 
Application for a PRI Floating District to be applied to parcel(s) shall be made by a petition to the Village Board. The applicant shall prepare a proposed local law amending the Village Zoning Code as part of the petition. The application package shall include a PRI Site Master Development Plan, herein referred to as "MDP" conforming with the requirements of Subsection C(2) below, as well as supporting evidence conforming with the requirements of Subsection C(3) below.
(2) 
The applicant shall submit an MDP, containing the following information:
(a) 
The MPP shall be signed and sealed by an architect, engineer or land surveyor licensed in the State of New York.
(b) 
The MDP shall be drawn to an engineering scale and contain the date of last revision, north arrow and graphic scale.
(c) 
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.
(d) 
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.).
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
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.
(i) 
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.
(j) 
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.
(k) 
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.
(l) 
If the applicant is seeking density incentives, a calculation of the sought density, and a description of how each incentive is being met.
(m) 
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.
(n) 
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.
(3) 
To assist the Village Board in their evaluation of the merits of the PRI and compliance of the PRI Petition with Article IV, § 245-14T, the following supporting materials shall be provided:
(a) 
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.
(b) 
Estimates of the projected population including the school-age population.
(c) 
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.
(d) 
A preliminary analysis of the fiscal impacts of designation of a PRI on the development parcel shall be provided with the zoning petition.
(e) 
Documentation of the market need for the proposed project.
(f) 
A completed New York State SEQR Full Environmental Assessment Form, (FEAF) Part 1.
(g) 
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.
(4) 
Every petition for a PRI shall be accompanied by an application fee consistent with the published fee schedule of the Village of Haverstraw.
(5) 
Adoption of a PRI is subject to the same discretion as any zoning map amendment. Compliance with indicated purposes and objectives in Subsection A in no way compels the Village Board to designate the site for PRI. The Village Board, in its discretion, may reject any PRI petition which does not meet the purposes set forth in Subsection A above, or may impose reasonable conditions on an approved PRI as necessary, to assure conformance of the PRI with the intent and objectives of Subsection A above and the Village Comprehensive Plan and LWRP.
(6) 
Upon finding the application to be complete, and prior to approving the PRI. the Village Board shall refer the application to the Planning Board for its review and recommendations. Such referral shall include the proposed petition; PRI MDP; and a Negative Declaration of Environmental Significance or an Environmental Impact Statement pursuant to 6 NYCRR 617. The Planning Board shall review the petition and MDP against the criteria in Subsection A, the purposes and objectives of the PRI, the Comprehensive Plan and the LWRP in making their recommendation regarding the mapping of the floating zone. The Planning Board shall also review the layout of the MDP as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the PRI should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the PRI could be improved in order to incorporate best practices of sustainable land development. The Planning Board shall provide its recommendations within 60 days of the request unless extended by consent of the Village Board.
(7) 
At the same time that it refers the PRI Floating Zone District application to the Planning Board for its review and recommendations, the Village Board shall refer the petition for review and comment to local, state, county, regional and federal agencies having jurisdiction, for their review, including referrals pursuant to the General Municipal Law.
(8) 
Prior to approving any PRI Floating Zone District application, the Village Board shall set a date and conduct a public hearing for the purpose of considering an amendment to the Village Zoning Map to apply the PRI Floating Zone district designation to the subject property. This hearing shall also serve as the SEQR hearing, when any DEIS is required.
(9) 
Upon approval of the PRI Petition and PRI MDP by the Village Board, and subsequent mapping of the approved PRI on the Village's Zoning Map, the application shall be submitted for site plan and subdivision (if necessary) review and approval by the Village Planning Board consistent with the approved MDP, and with the Village Site Development Plan Rules and Regulations for those details and elements not specifically addressed in the MDP.
(10) 
If an application for site plan approval for the PRI site is not presented to the Planning Board within 12 months of the date of approval of the PRI Floating Zone District designation by the Village Board, or if no development is initiated on the site within 18 months of the date of approval of the PRI site plan by the Planning Board, the zoning of said parcel or parcels shall revert back to the zoning district or districts prior to the PRI approval, unless an extension is requested by the applicant and granted by the Board having jurisdiction.
D. 
PRI site design standards.
(1) 
The designation of a new PRI by the Village Board shall be considered a Type 1 action pursuant to the New York State Environmental Quality Review Act (SEQRA).
(2) 
Minimum site area. The minimum area required for a PRI site shall be 20,000 contiguous square feet. Nothing herein shall be deemed to prohibit the assemblage of contiguous parcels to meet the minimum required site area.
(3) 
The PRI Floating Zone District may be landed and located anywhere in the RC-1, RC-2, R-2, R-3, R1-T, PO, and CBD Districts, or in the portion of PI District located east of Route 9W, north of Short Clove Road and south of Main/New Main Street.
(4) 
The following bulk standards for the shall apply to the PRI:
(a) 
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.
(b) 
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.
(c) 
Maximum development coverage (percent) shall be 90% of net lot area.
(d) 
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.
(e) 
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.
(f) 
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.
(5) 
Density bonuses. The following density bonuses may be applied to the maximum residential density in Subsection D(4)(a) above if the following amenities are provided and may be summed cumulatively if more than one incentive is provided (rounding up any fractional units greater than 0.500). However, in no event shall the residential density be greater than: maximum of 80 units per acre for any PRI site of one acre or less proposed for the CBD or PO zoning districts or a maximum of 65 units per acre for any other PRI site.
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
Affordable housing - A density bonus may be applied as per Article XI, Affordable Housing.
(i) 
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.
(j) 
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.
(k) 
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:
[1] 
Designation of a relocation aid to assist current tenants with relocation;
[2] 
Affirmatively finding alternative residency within the Town for tenants that have resided on the premises for a term longer than 36 months;
[3] 
Provision of notice 90 days prior to eviction/move;
[4] 
Provision of monetary moving and packing assistance;
[5] 
Assistance with transfer of utilities;
[6] 
Considerations for temporary housing and storage costs where replacement housing is not yet available;
[7] 
Transportation costs as necessary for tenants to tour alternative housing options;
[8] 
Assistance with delinquent utility bills, which would otherwise hinder the tenant from relocating;
[9] 
A reasonable consideration to be paid where the tenant cannot find equivalent housing at an equivalent or lower cost;
[10] 
Designation and procedures for a municipal official to oversee the process and resolve disputes.
(l) 
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:
[1] 
A demonstrated long and persistent history of vacancy or blight at the subject site;
[2] 
The current level of market interest in Village redevelopment, particularly a relatively weak market interest would merit more consideration;
[3] 
The early timing of the project relative to the redevelopment of Village sites subsequent to adoption of the 2021 Village Comprehensive Plan and the enactment of this section and the ability for the project to serve as a "demonstration" project; and/or
[4] 
The location of the property relative to the downtown and the ability for the project to act as an "anchor" project for added economic activity.
The Village Board may apply the increases for a critical project to the percentage density bonus(es) for which the applicant has qualified, or to the based density, or to both, depending on the extent to which the project is determined to be critical to redevelopment. Additionally, the Village Board may increase either or both the base density and bonuses by less than the full 50%. It is understood that in the event the Village Board increases both the base density and qualified density bonuses, that the adjusted base density would serve as the basis for any additional bonus density increase thereby compounding the increase. The resulting density is still subject to the maximum density cap listed in § 245-21.2D(5).
For example, in the event that a petitioner for a project located on two acres (25 x 2 = 50 units base density) qualifies for green building and streetscape density bonuses (20% + 30% = 50%), that petitioner would normally qualify for up to 75 units (50 x 1.5). In the event the Village Board also determines that the proposal qualifies as a critical project, the Village Board may a) grant only the increase to the density bonuses (50% increased to 75%) so that the standard base density remains at 50 units, and the density bonuses increases to 75% for up to 88 units (50 units x 1.75 = 87.5); b) grant up to a 50% increase to the base density only (50 units to 75 units) and the 50% standard density bonus provides up to 113 units (75 x 1.5 = 112.5); or c) grant density bonuses to both (50 units to 75 units and 50% to 75%) for up to 131 units (75 x 1.75 = 131.25). Even if the 50% bonus is awarded to both the base density and density bonuses as described in c), the project would be capped at 130 units (65 units per acre x 2 acres) if located outside of the CBD and PO zoning districts as required by § 245-21.2D(5).
(6) 
On-site parking requirements:
(a) 
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:
Residential
Multifamily residences
(efficiency or one-bedroom)
1.5 spaces per unit
Multifamily residences
(two- to three-bedroom)
2 spaces per unit
Single-family dwellings
2 spaces per unit
Visitors
For PRIs proposing fewer than 20 residential dwelling units, an additional 10% shall added to the total parking requirement for all residential uses.
Commercial/Nonresidential
Commercial/nonresidential uses
3 spaces per 1,000 square feet of gross floor space
(b) 
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.
(c) 
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.
(d) 
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.
(7) 
Ownership. The land proposed for a PRI may be owned by one or more persons or entities but shall be combined into a single PRI site, and separate tax parcels may be merged as part of the approval process. The application shall be jointly approved and consented to by all record owners and by any contract vendee(s). Requirements of approval by the Village Board shall be imposed jointly and severally on all parties as appropriate under the circumstances. If the land within the proposed development is to be owned by more than one person or entity, the Planning Board shall require, as a condition of final approval, the establishment of a governing regime sufficient to ensure the safe and efficient functioning of the project as an integrated development to the satisfaction of the Village Attorney.
(8) 
Permitted uses.
(a) 
Offices for professional, governmental and business use.
(b) 
Supermarkets, food sales, liquor stores.
(c) 
Retail pharmacies.
(d) 
Banks.
(e) 
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.
(f) 
Pick-up and delivery stores for dry cleaning.
(g) 
Personal service establishments dealing directly with consumers (such as barber shops and beauty parlors, tailor shops).
(h) 
Photographic studios, copy and print shops, medical testing and diagnostic facilities.
(i) 
Restaurants, coffee shops, taverns, bakeries, delicatessens, pizzerias, ice cream shops.
(j) 
Health clubs and spas.
(k) 
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:
[1] 
Uses involving public assembly, schools, places of worship;
[2] 
Uses involving the sales, rental, maintenance, service or repair of motor vehicles or heavy equipment.
(l) 
Multifamily residences.
(m) 
Single-family attached, detached and semi-attached structures.
(n) 
Live/work spaces where work spaces are visible from and have direct access to the street level.
(o) 
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.
(p) 
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.
(9) 
Other design standards.
(a) 
There shall be a maximum of 100 feet of building length without interruption or articulation.
(b) 
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.
(c) 
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.
(d) 
Robust plantings and landscaping shall be required along streets and property lines and internally when appropriate, as determined by the Planning Board.
(10) 
Site infrastructure, stormwater management and parking.
(a) 
Stormwater quantity and quality measures, consistent with state and Village requirements, shall be applied to any PUD project.
(b) 
All electric, telephone, cable television, internet and similar distribution lines shall be installed underground.
(c) 
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.
(d) 
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.
(e) 
All utilities and drainage facilities shall be built to the approval of the Village Engineer.
(11) 
Transportation and traffic.
(a) 
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.
(b) 
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.
(c) 
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.
(12) 
Governance. The Planning Board may require the creation an entity or entities to govern the PRI or discrete portions thereof. Any such formation documents shall be subject to the review and approval of the Planning Board's Attorney. Such review shall be limited to ensuring that the conditions of approval are maintained on an on-going basis and shall not include Village approval of any other matters not directly related to the approval conditions of the PRI. Provisions shall be included to provide for the Village to enforce compliance with conditions of approval should the homeowners' association or other private entity fail to do so.
(13) 
Performance guarantee. The Planning Board shall require that site improvements be secured by a performance guarantee consistent with § 245-16C(3).

§ 245-21.3 Residential Inclusionary Zone for Affordable Housing.

[Added 1-2-2024 by L.L. No. 2-2024]
A. 
Purpose and intent. The Residential Inclusionary Zone for Affordable Housing ("RIZ") is hereby established to foster the development of affordable housing in the Village of Haverstraw. This act will provide the Village of Haverstraw with additional zoning tools to achieve these goals. The RIZ enables the Village to evaluate the need and demand for such housing, delineate key aspects of the RIZ (including the type, design, and layout of a RIZ regarding a particular site), and control the impacts that such a development may have on the surrounding community. Furthermore, the RIZ is intended to discourage urban sprawl while encouraging innovative, traditional neighborhood developments which will promote the public health, safety, and welfare of the community while preserving and/or enhancing property values within existing residential areas and preserving the unique character of the Village. All new units built under this zoning shall be affordable units, as defined herein.
B. 
General provisions.
(1) 
The RIZ shall represent a new zone applied to the existing zoning map according to the amendment procedures set forth herein. Unless expressly stated otherwise in this section, all lands affected by a RIZ shall conform to all other applicable provisions of this section that are not inconsistent with the RIZ, or are not modified by the Village Board during the site plan process. Once applied to a site, the underlying use provisions shall no longer apply during the affordability period, but shall be governed by the Village Board's RIZ determination. The Village Board of Trustees may attach such conditions upon the designation of a RIZ as it may deem appropriate or as may be required as a result of environmental review. Conditions will include a requirement that the sale or lease of all units must comply with the requirements of the U.S. Fair Housing Act and be marketed according to an approved Affirmative Fair Housing Marketing Plan. To the extent permitted by law, village residents shall receive first preference for units as they become available. Any individual or developer applying for a RIZ designation must do so at the inception of the proposed project. If an applicant commences a project without a RIZ designation, and later seeks a RIZ designation, the project must be halted and a RIZ application must be processed from the beginning. Such an applicant or developer will require a super majority vote of the Board of Trustees in order to secure a RIZ designation not originally requested before the start of a project.
(2) 
A designated RIZ shall result in at least 20 new dwelling units of affordable housing, in addition to any affordable units that may have already existed on the subject parcel(s).
C. 
Site standards.
(1) 
Parcel characteristics. This zone may only be applied to parcels with the following characteristics:
(a) 
Minimum of 0.5 acre; a parcel may consist of one or more contiguous lots.
(b) 
Direct access to a state, county, town or village road (frontage or driveway).
(c) 
Central water and sewer must serve the development.
(d) 
Parcels must be located within 1/4 mile of the CBD district, but not within the CBD district, except where the Village Board of Trustees finds that the parcels are so located as to have pedestrian access to necessary services such as mass transit, medical care, recreation and retail.
(2) 
Principal use. The following uses are permitted upon site plan approval of the Village Board of Trustees:
(a) 
Multi-family dwellings of 20 or more units provided that such dwelling units are arranged as individual dwelling units for the occupancy of individual households.
(3) 
Accessory uses:
(a) 
Within the RIZ development, certain related accessory facilities may be permitted, either in a separate building or in combination with a building containing dwelling units, such as meeting rooms, self-service laundries, multi-purpose rooms, outdoor sitting areas, walking trails, and other similar outdoor recreation or leisure facilities. Such facilities shall be subordinate to the residential character of the development. Outside advertising is not permitted. Any such accessory facilities shall require specific approval of the Planning Board.
(b) 
In addition, permitted accessory uses include administrative, social and recreational buildings, structures, and areas. Facilities may include, but are not limited to:
[1] 
Swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, shuffle board, and bocce courts.
[2] 
Off-street parking and private garage facilities.
[3] 
Fences and walls, utility, and maintenance structures.
[4] 
The present zoning regulations applying to the above shall apply unless modified by the Village Board.
(c) 
Individual home occupations may be permitted upon approval of the Village Board of Trustees by special permit as presently set forth in the zoning code or as modified by the Village Board.
(4) 
Site density.
(a) 
The site density may be up to 55 dwelling units per acre for multi-family units. The site density may be increased by qualifying for density bonuses, as described herein. Notwithstanding any other provision of this section, the maximum site density permitted is 115 dwelling units per acre.
(b) 
Density bonuses. The following density bonuses may be applied to the maximum residential density in Subsection C(4)(a) above if the following amenities are provided and may be summed cumulatively if more than one incentive is provided (rounding up any fractional units equal to or greater than 0.500).
[1] 
Green buildings. A density bonus of 30% 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, Passive House Certification, Enterprise Green Communities, 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 site plan. Nothing herein shall require the project to apply to the certifying agency for certification.
[2] 
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.
[3] 
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.
[4] 
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.
[5] 
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 along the project's street frontage. 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.
[6] 
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 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.
[7] 
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.
[8] 
Affordable housing. A density bonus may be applied as per Article XI hereof, Affordable Housing.
[9] 
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 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.
[10] 
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.
[11] 
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:
[A] 
Designation of a relocation aid to assist current tenants with relocation;
[B] 
Affirmatively finding alternative residency within the Town for tenants that have resided on the premises for a term longer than 36 months;
[C] 
Provision of notice 90 days prior to eviction/move;
[D] 
Provision of monetary moving and packing assistance;
[E] 
Assistance with transfer of utilities;
[F] 
Considerations for temporary housing and storage costs where replacement housing is not yet available;
[G] 
Transportation costs as necessary for tenants to tour alternative housing options;
[H] 
Assistance with delinquent utility bills, which would otherwise hinder the tenant from relocating;
[I] 
A reasonable consideration to be paid where the tenant cannot find equivalent housing at an equivalent or lower cost;
[J] 
Designation and procedures for a municipal official to oversee the process and resolve disputes.
(5) 
Development coverage. Development coverage may be up to 95%, including building, walks, swimming pools, tennis courts, basketball courts and patios and all impermeable surfaces. Parking areas and access ways to parking areas shall not be included in development coverage in order to encourage the provision of on-site parking. Building coverage may be up to 65%.
(6) 
Parking. At least 0.75 parking spaces must be provided for each dwelling unit. The Planning Board is empowered to reduce the number of required parking spaces for good cause shown. Each parking space shall be a minimum of 8.5 feet by 18 feet. The number and location of handicap parking spaces shall be determined during site plan review.
(7) 
Bulk specifications.
(a) 
Height. The maximum building height may be up to 48 feet. Where a structure is on a sloping site, the maximum building height may be increased 60 feet at the discretion of the Planning Board. Where the structure is proposed to contain two or more stories of parking, the maximum building height may be increased to a maximum of 65 feet. Nothing in the foregoing shall be deemed to prevent a portion of the floor area of the street level to be used for public-facing amenities and spaces, such area to be approved by the Planning Board as to its size, location, and function.
(b) 
Building division. Buildings of 60 feet or more in length shall be visually divided into smaller increments by facade design, landscaping or other means to reduce the building's apparent size and contribute to human scale development.
(c) 
Setback. The minimum distance between detached buildings shall be 25 feet. The setback of the principal building, if any, shall be determined by the impact of the size, height and location of the building with reference to the surrounding neighborhood buildings.
(d) 
Appurtenances. Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number of covered receptacles and shall be provided with proper screening and maintenance.
(e) 
Parking. Parking other than in driveways leading to a garage or carport, may not occur in a front yard whether measured from a public or private street. Driveway parking prohibition shall not apply to private internal access driveways within a residential development comprised of multiple dwellings or townhouses if such private driveways are properly sized.
(f) 
Any passageway which is designated on the Tax Map of the Village as an "alley" shall not be deemed a street for purposes of this section.
(g) 
Unit specifications. The gross floor area of all dwelling units in the RIZ shall conform to the requirements of the New York State Division of Housing and Community Renewal ("DHCR") Design Guidelines.
(h) 
No dwelling units shall contain more than four bedrooms.
D. 
Occupancy standards.
(1) 
Occupancy of RIZ dwelling units shall be limited to households earning as follows:
(a) 
Rental units - averaging at or below 60% of the current HUD Rockland County area Median Income (adjusted for family size);
(b) 
Owner occupied units - averaging at or below 75% of the current HUD Rockland County Area Median Income (adjusted for family size).
(2) 
Eligibility and affordability in each RIZ project shall comply with all regulatory requirements set forth by the financing/monitoring agency and be required to pass a compliance inspection annually. All affordability requirements to be subject to DHCR and tax credit laws and regulations. If no monitoring agency, then a compliance check shall be performed a New York State approved Community Housing Development Organization/Neighborhood Preservation Corporation (CHDO/NPC) selected by the project developer. The project CHDO/NPC shall report its affordability findings to the Village Board and the designated local CHDO/NPC for the Village of Haverstraw as part of each RIZ application. Affordability shall be measured by New York State affordability guidelines. The local CHDO/NPC shall review the affordability calculations and certification made by the project CHDO/NPC and report its findings to the Village Board. The Village Board will take into account both the project CHDO/NPC's affordability certification and the findings of the local CHDO/NPC's affordability review before rendering a determination concerning RIZ development.
(3) 
Owner occupied units must be only for qualified participants of the New York State First Time Home Owner Program.
(4) 
Senior citizens units - same income requirements as above in which at least one person is 55 years of age or older except senior citizens are exempt from the first time homebuyer criteria that they must be first time homebuyers. In all other respects senior citizens must meet First Time Homebuyer Program criteria including household size, asset limitations, and income eligibility.
(5) 
Up to 20% of the units developed in a RIZ may be designated for sale or rent at prevailing market rates.
(6) 
For-sale and/or rental calculations. Sales prices shall be calculated on the basis of the median incomes of the target population, a down payment of at least 3%, and the calculation of applicable homeowners' insurance, taxes, utilities and any homeowner's association (HOA) or condominium maintenance fees. HOA and condominium maintenance fees shall be calculated at the same rates as market rate residents in the same development. Rents shall be calculated in compliance with then-applicable DHCR and tax credit requirements.
(7) 
With respect to affordable rental units, it shall be the duty of the project owner or his agent to file a certification with the project CHDO/NPC, which shall include evidence of each renter's household size and income. Such documentation shall be considered compliance with the requirements of the RIZ. Such certification shall be filed no later than April 30th of each year.
(8) 
In the case of for-sale units (including cooperative and condominium units), the contract of sale shall include a covenant restricting occupancy of said units only to those persons and/or households permitted by the RIZ. Standard covenants and restrictions concerning occupancy and affordability approved by the project CHDO/NPC and the Village Board shall be set forth in the award letter, the contract of sale and the deed filed in the Rockland County Clerk's Office.
(9) 
To the extent permissible under applicable state and federal fair housing funding requirements, the initial sale or rental of a RIZ dwelling unit shall first be made available to the following households:
(a) 
Persons residing in the Village of Haverstraw and serving as volunteers in good standing in the fire department or ambulance corps.
(b) 
Persons currently residing in the Village of Haverstraw.
(c) 
Persons employed at the time of initial tenancy or occupancy by the Village and/or Town of Haverstraw, including the North Rockland School District.
(d) 
Persons currently residing in the Town of Haverstraw.
(e) 
Persons employed by the New York State Police.
(f) 
Persons currently living in Rockland County for at least one year.
(10) 
Except for household size and income limitations as set forth herein, occupancy of any inclusionary housing unit shall not be limited by any conditions that are not otherwise applicable to all units within the redevelopment project. Final calculations for the sales price and rental price of these units shall be made prior to the issuance of building permits.
(11) 
In the event any RIZ units cannot be marketed in compliance with the above criteria, the Village Board may consider reasonable and appropriate modification of those criteria in order to accomplish the goals of the RIZ.
E. 
RIZ application process.
(1) 
Acceptance of an application for RIZ shall be at the sole discretion of the Village Board of Trustees.
(2) 
Approval of a RIZ shall also be at the sole discretion of the Village Board and shall require a determination by the Village Board that the application meets the following criteria:
(a) 
Demonstrated local need. The local need for such a development within the community shall be demonstrated by the applicant to the satisfaction of the Village Board of Trustees upon the recommendation of the project CHDO/NPC.
[1] 
Financial viability. The applicant shall document the ability to financially complete an affordable RIZ project by supplying the following as a part of the RIZ application process:
[2] 
An outline of all public and private financing for the proposed project.
[3] 
Evidence of public funding acquired for the project.
[4] 
A proposed affordability plan outlining the targeted population.
[5] 
A time line of the proposed project showing pre-development, development, close-out and application of public funds, if applicable.
(b) 
Evaluation and mitigation of significant impacts. In the event the development shall significantly impact the adjacent area, public circulation, historic structures, density, the tax rate base, and any other relevant issues as may be identified by the Village Board of Trustees, the Village Board shall use all practicable means to minimize those environmental effects while still achieving the social, economic, and other goals of this ordinance.
(c) 
In order to accomplish the goals set forth in this law, the Village Board may vary the bulk requirements set forth in this RIZ and those requirements that apply from the Village Zoning Law. In order to achieve a project that accomplishes the goals of this District, balanced by acceptable impact on the surrounding neighborhood and community, the following shall be considered by the Village Board:
[1] 
The benefit the proposed inclusionary housing will bring to the Village and whether there is a need for additional inclusionary housing.
[2] 
The extent of impact and change to the character of the neighborhood.
[3] 
Whether there are available other, more viable locations or methods to achieve inclusionary housing.
[4] 
The extent any adverse physical or environmental impact on the surrounding neighborhood and community can be mitigated.
F. 
Site Development Concept Plan.
(1) 
The development concept of all areas encompassed by a RIZ shall be adequately described by a Site Development Concept Plan comprised of scaled drawings and associated reports. At a minimum, the Site Development Concept Plan shall adequately describe:
(a) 
The boundary and area of the RIZ district including underlying zoning districts;
(b) 
The general location, orientation, and size of proposed principal and ancillary structures and the individual lots upon which they are situated; associated parking, density, open space, landscape, and recreation areas, refuse areas and stormwater management areas; the location, size and general treatment of environmentally sensitive areas; and the general pedestrian and vehicular traffic routes (external and internal) to and from the development;
(c) 
Tabular data, written statements, graphic materials and illustrations sufficient to demonstrate compliance with all applicable provisions of this law;
(d) 
Any additional data that the Village Board deems necessary to evaluate the development proposal.
(2) 
The RIZ application shall be reviewed by the Village Technical Advisory Committee and their recommendations sent to both the Planning Board and Village Board.
(3) 
After receipt of the Technical Advisory Committee recommendations, the Village Board shall meet initially with the applicant in open workshop session and when the application and all details have been discussed with the Board, a Public Hearing shall be noticed in the same manner required by § 245-33 of the Village Ordinances for variance applications heard by the Village Zoning Board of Appeals, with the exception that notices shall be sent to all property owners within 300 feet of the site seeking RIZ designation.
(4) 
If the Village Board adopts the RIZ district designation, the applicant shall proceed to site plan review by the Planning Board in accordance with the site plan review provisions of the § 245-1 of the Zoning Ordinance. The site plan must be generally consistent with the concept approved as a basis for the RIZ district designation.
G. 
Continued affordability requirements. All projects shall comply with the following provisions to ensure affordability of units in the RIZ:
(1) 
99-year affordability. All affordable units in the RIZ shall remain affordable for a period of no less than 99 years commencing from the date of initial occupancy of the unit.
(a) 
Compliance. Affordability shall be monitored by the project and local CHDO/NPC. Monitoring criteria shall be governed by the requirements of the US Department of Housing and/or Urban Renewal and the NYS Department of Housing and Community Renewal, whichever is applicable. Affordability monitoring reports shall be supplied by the project CHDO/NPC to the local CHDO/NPC by July 1 of each year. The review of the project CHDO/NPC's affordability report shall be supplied to the Village Board by the local CHDO/NPC by August 1 of each year.
(b) 
Deed restrictions. Provisions to ensure continued affordability of all affordable units in the RIZ project shall be embodied in legally binding agreements and/or deed restrictions, which shall be prepared in a manner that conforms with the affordable regulatory restrictions set forth in this Subsection G.
(c) 
Resale provisions. Owners benefitting from the purchase of an affordable unit shall be required to maintain the unit as their primary residence for a minimum of 10 years in order to retrieve any equity. Prior to 10 years, the owner shall be entitled to cash outlay at time of closing for down payment and closing costs, mortgage loan principal pay down, and any improvements made to the unit, provided there is documentation for improvement costs.
[1] 
Resale prices for units sold after 10 years shall be determined by Housing and Urban Development (HUD) Income Guidelines for the current year at time of sale.
[2] 
Those units designated at specific income tiers must be resold to households at the same income tier. (e.g. Units sold to families at 65% of median income shall be sold to a household earning up to 65% of the median income at the time of sale, as determined by HUD Income Guidelines.)
[3] 
In no event shall an owner be compelled to sell at a price below his cost. Cost is defined as any cash outlay for closing costs and down payment, and any improvements made.
(d) 
Sale procedure. RIZ owners wishing to sell their home shall notify, by certified mail, return receipt requested, both the project CHDO/NPC and the local CHDO/NPC for the purpose of locating a qualified RIZ purchaser in the same specific income tier as the seller at the time of the seller's purchase. Purchaser priority shall be as set forth in Subsection D(9) above. The project and local CHDO/NPCs shall have 30 days to locate a qualified RIZ purchaser. If 30 days after notification the project and local CHDO/NPCs cannot locate a qualified buyer, the owner may list their home for sale on the open market subject to the resale provisions set forth in Subsection G(1)(c) above.
[1] 
In the event a RIZ unit has been listed on the market for sale for more than six months, without receiving a qualified RIZ purchase offer, the owner shall notify both the project and local CHDO/NPC by certified mail that a qualified purchaser for the unit has not been obtained. Thereafter the project and local CHDO/NPC shall have 30 days to exercise a right of first refusal to purchase the unit at the price mandated by this section. The priority of the exercise of the right of first refusal shall be first the project CHDO/NPC and second the local CHOD/NPC. In the event the project CHDO/NPC declines to exercise its option, the local CHDO/NPC shall purchase the property. The contract of sale between the unit owner and the purchasing CHDO/NPC shall provide for a closing date of 90 days from the date of the contract.
(e) 
Rent increases. Annual rent increases shall be limited to the percentage increase in the median household income within the Standard Metropolitan Statistical Area for Rockland County.

§ 245-21.4 Broadway North Revitalization Planned Unit Development Overlay District.

[Added 11-17-2025 by L.L. No. 6-2025]
A. 
Creation of district and zoning objectives. There is hereby created a new overlay district, to be called the "Broadway North Revitalization Planned Unit Development Overlay District (BNR)". Planned unit development districts are expressly permitted by § 7-703-A of the New York Village Law, and the BNR is enacted pursuant to such authorization. The BNR allows for the development of the former "Louis Hornick/Blue Beverage" factory property using Planned Unit Development concepts in accordance with Sections 4.3.2 and 5.2.2 of the Village Comprehensive Plan:
(1) 
A mix of non-polluting, job-generating uses such as sound stage, set design and building, offices, workshops, green infrastructure and technology, incubator/flex space, warehouses, distribution centers, and other light industrial uses reusing and expanding the existing structures at the center of the site and with coverage incentives for green job creation.
(2) 
Residential multifamily including energy efficient housing and affordable housing over some commercial over structured parking along Broadway and Samsondale Avenue.
(3) 
Improvements to the Broadway and Samsondale frontages fostering complete streets improvements, and improvements to the safety and functioning of the intersection.
B. 
Permitted land uses and land use controls. Except as otherwise set forth in this § 245-21.4, all of the use, bulk and dimensional regulations and off-street parking requirements for the BNR, including, without limitation, those regulating the height, density and arrangement of buildings, shall be applied on an overall basis to the total area of the BNR and shall not be applied to any individual lots or parcels within said District, notwithstanding the subdivision of the land within said District into two or more separate lots, parcels or development sites and/or the separate ownership of such lots, parcels or development sites and notwithstanding the construction of improvements with said District in two or more stages or phases, provided that no development within the BNR may take place except in accordance with a concept development plan approved by the Board of Trustees of the Village as set forth in Subsection C, below, and approved site plans. The permitted land uses, bulk and dimensional regulations and off-street parking requirements for the BNR are set forth below.
(1) 
Uses permitted by right and permitted density of development. In keeping with the planned unit development concept of the BNR, any development within the said district may contain one or more permitted principal and accessory uses.
(a) 
Light industrial uses, including, but not limited to, sound stage, set design and building, offices, workshops, green infrastructure and technology, incubator/flex space, warehouses, distribution centers, and other light industrial uses.
(b) 
Multiple residences, with not more than 25 units per acre as measured against the entire area of the BNR.
(c) 
Retail uses, subject to approval by the Board of Trustees.
(d) 
Medical and dental offices and clinics.
(e) 
Medical testing laboratories.
(2) 
Permitted accessory uses. Permitted accessory uses shall be all uses customarily accessory to uses permitted by right, including but not limited to off-street parking and loading facilities and home occupations in multiple dwelling units subject to § 245-14F of this Zoning Chapter.
(3) 
Bulk and dimensional requirements. In keeping with the planned unit development concept of the BNR, bulk and dimensional requirements shall be determined by the Board of Trustees in approving a Master Development Plan ("MDP"), as set forth in Subsection C below.
C. 
Application procedure and approval process.
(1) 
Application for development within the BNR shall be made to the Board of Trustees, and shall consist of an application for approval of a Site Master Development Plan ("MDP"). The MDP shall comply with the requirements of Subsection C(2) below, and shall be accompanied by supporting documentation and studies as set forth in Subsection C(3) below. Approval of the MDP by the Board of Trustees shall also constitute application of the BNR overlay to the subject site. Until such approval is granted, the subject site shall retain its underlying zoning. Approval of the MDP and application of the BNR overlay to the subject site shall be considered a zoning map amendment, and is subject to the discretion of the Board of Trustees. Adoption of these code provisions is intended to provide direction to potential applicants on an acceptable process and suggested design parameters in seeking approval of a possible mixed-use redevelopment in this location. The Board of Trustees is not willing to entertain such a development without consideration of an MDP as outlined herein. Adoption of these code provisions separate from an approved MDP should not be construed as a determination that development beyond the existing underlying zoning is acceptable or appropriate.
(2) 
The applicant shall submit an MDP, containing the following information:
(a) 
The MDP shall be signed and sealed by an architect, engineer or land surveyor licensed in the State of New York.
(b) 
The MDP shall be drawn to an engineering scale and contain the date of last revision, north arrow and graphic scale.
(c) 
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.
(d) 
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 non-residential 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.
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
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.
(i) 
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.
(j) 
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.
(k) 
If the applicant is proposing off-site improvements, plans for installation of the off-site improvements shall be provided, and/or a narrative describing the extent and types of off-site improvements being offered.
(l) 
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.
(m) 
A vicinity map showing all tax lots within 1,000 feet of the boundaries of the site, the road network serving the area, and the existing zoning districts surrounding the area depicted.
(3) 
To assist the Board of Trustees in its evaluation of the merits of the proposed MDP, the following supporting materials shall be provided:
(a) 
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.
(b) 
Estimates of the projected population including the school-age population.
(c) 
Estimates of proposed vehicular traffic to be generated at the site.
(d) 
A completed New York State SEQR Full Environmental Assessment Form, (FEAF) Part 1.
(e) 
Such other information as the Board of Trustees deems appropriate.
(4) 
Every application shall be accompanied by an application fee consistent with the published fee schedule of the Village of Haverstraw.
(5) 
Upon finding the application to be complete, the Board of Trustees shall declare its intent to be lead agency under a coordinated review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). The Village of Haverstraw Planning Board shall be deemed an involved agency for all SEQRA purposes. Prior to approving the MDP, and subsequent to the granting of a negative declaration or accepting a Draft Environmental Impact Statement, as the case may be, the Board of Trustees shall refer the application to the Planning Board for its review and recommendations. Such referral shall include the proposed MDP and all supporting materials submitted by the applicant that the Board of Trustees deems relevant to such referral. The Planning Board shall review the MDP against the criteria in Subsection A, the purposes and objectives of the MDP, the Comprehensive Plan and the LWRP in making their recommendation regarding approval of the MDP. The Planning Board shall also review the layout of the MDP as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the MDP should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the MDP could be improved in order to incorporate best practices of sustainable land development. The Planning Board shall provide its recommendations within 60 days of the request unless extended by consent of the Board of Trustees.
(6) 
At the same time that it refers the MDP application to the Planning Board for its review and recommendations, the Board of Trustees shall refer the petition for review and comment to local, state, county, regional and federal agencies having jurisdiction, for their review, including referrals pursuant to the General Municipal Law.
(7) 
Prior to approving any MDP application, the Board of Trustees shall set a date and conduct a public hearing for the purpose of considering approval of the MDP. This hearing shall also serve as the SEQRA hearing, when any DEIS is required.
(8) 
Upon approval of the MDP by the Board of Trustees, the application shall be submitted for site plan and subdivision (if necessary) review and approval by the Village Planning Board consistent with the approved MDP, and with the Village Site Development Plan Rules and Regulations for those details and elements not specifically addressed in the MDP.
(9) 
If an application for site plan approval for the MDP Site is not received by the Planning Board within 12 months of the date of approval of the MDP by the Board of Trustees, or if no building permit application is received by the Village for construction of an approved site plan within 12 months of approval of an MDP-based site plan by the Planning Board, the MDP approval shall be deemed to have expired and the site shall revert back to the underlying zoning which existed prior to the approval of the BNR and MDP, unless an extension is requested by the applicant and granted by the Planning Board.
D. 
BNR site design standards.
(1) 
Minimum site area. The minimum site area for a development within the BNR shall be 10 acres. Nothing herein shall be deemed to prohibit the assemblage of contiguous parcels to meet the minimum required site area.
(2) 
The following bulk standards shall apply to the BNR:
(a) 
Residential density. The permissible base residential density shall be no more than 25 residential dwelling units per gross acre of the site.
[1] 
Green building density bonus. 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.
(b) 
Maximum height.
[1] 
The maximum height for multiple residence buildings shall be four stories/48 feet, as measured from the average grade along the wall of the building facing the nearest public street, excluding cut-outs for entrances to below-grade parking structures; however five stories/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 be apparent to views from the street. Parking below the first residential floor shall not be counted toward height.
[2] 
The maximum height for all other buildings shall be three stories/36 feet.
(c) 
Maximum development coverage (percent) shall be 90% of the net lot area.
(d) 
All other bulk requirements shall be as determined by the Board of Trustees in approving the MDP.
(3) 
On-site parking requirements.
(a) 
For multiple residences: 1.25 parking spaces for each efficiency or one-bedroom unit; 2.0 parking spaces for each two- or three-bedroom unit.
(b) 
For warehouses or distribution centers: one parking space for each 2,000 square feet of gross floor area.
(c) 
For retail uses: one parking space for each 150 square feet of gross floor area, plus one space for each employee.
(d) 
For medical and dental offices and clinics: one parking space for each 250 square feet of gross floor area.
(e) 
For medical testing laboratories: one parking space for each 300 square feet of gross floor area, plus one space for every two employees.
(f) 
For all other allowable uses: one parking space for each 300 square feet of gross floor area.
(4) 
Other design standards.
(a) 
There shall be a maximum of 100 feet of building length without interruption or articulation or landscape treatment.
(b) 
Robust plantings and landscaping shall be required along streets and property lines and internally when appropriate, as determined by the Planning Board.
(5) 
Site infrastructure, stormwater management and parking.
(a) 
Stormwater quantity and quality measures, consistent with state and Village requirements, shall be applied to any project within the BNR.
(b) 
All electric, telephone, cable television, internet and similar distribution lines shall be installed underground.
(c) 
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.
(d) 
Parking and loading areas, refuse disposal facilities and other accessory uses within the BNR 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
(e) 
All utilities and drainage facilities shall be built to the approval of the Village Engineer.
(6) 
Transportation and traffic.
(a) 
The right-of-way and pavement widths for internal roads of the site, off 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 fire-fighting equipment and police or other emergency vehicles.
(b) 
If a Traffic Impact Study (TIS) is required as part of the environmental review process, then the MDP shall include any necessary traffic improvements identified in the TIS; and/or funds and land dedications to allow others to provide such improvements, that may be needed to mitigate any moderate or large traffic impacts identified through the SEQRA process.
(c) 
Sidewalks should be provided along existing streets and on each side of any internal street or parking area where residences or nonresidential buildings are proposed.
(7) 
Governance. The Board of Trustees may require the creation of an entity or entities to govern the Site or discrete portions thereof. Any such formation documents shall be subject to the review and approval of the Village Attorney. Such review shall be limited to ensuring that the conditions of approval are maintained on an on-going basis and shall not include Village approval of any other matters not directly related to the approval conditions of the MDP. Such formation documents shall include the right of the Village to enforce compliance with conditions of approval should the governing entity fail to do so.
(8) 
Performance guarantee. The Planning Board shall require that site improvements be secured by a performance guarantee consistent with § 245-16C(3).

§ 245-22 Swimming pool regulations.

Private swimming pools may be installed only as accessory to dwellings for the private use of the owners or occupants of such dwellings and their families and guests, and only in conformity with the following requirements:
A. 
Location. Such pool shall be installed in the rear yard of the lot unless such premises shall be situated on a corner lot, or in such similar situation as shall not provide for a rear yard, per se, in which case such pool may be installed on such portion of such lot as may be approved by the Code Enforcement Officer, observing, insofar as is practicable, the bulk requirements set forth hereinafter for rear yard installation.
B. 
Fence required. There shall be erected and maintained a good quality chain link, wire, wooden or other equivalent fence of not less than five feet nor more than six feet in height, enclosing the entire portion of the premises upon which such pool shall be installed, and entirely surrounding the area in which such pool is located.
C. 
Gate to be locked. Every gate or other opening at the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be self-closing and shall be kept securely closed and locked at all times when such pool is not in use.
D. 
Natural screening. Adjacent to every side and rear lot line within the rear yard area containing a swimming pool, there shall be planted a protective living evergreen screen, not less than two feet wide, designed and laid out with suitable plant material which will attain and which shall be maintained at a height of not less than six feet, so as to provide an effective natural screen along such side and rear lot lines.
E. 
Setback requirements. Such pool shall not be erected closer than 10 feet to side and rear lot lines, all dimensions being determined from the point of encroachment, such as raised decks, walks, balconies, etc.
F. 
Area limited. Such pool shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.
G. 
Height. No such swimming pool shall project more than four feet above the average level of the ground surface surrounding such pool, prior to any excavation or fill.
H. 
No permit shall be granted for the installation or construction of any private swimming pool unless the plans therefor meet the minimum Village of Haverstraw Building Department construction requirements, and until the owner of the premises shall have filed with the Building Department a certificate by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public supply system, with existing sanitary facilities or with the public streets or adjacent property.
I. 
No loudspeaker device which can be heard beyond the property lines of the premises on which a swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall throw any illumination beyond the boundaries of the lot where any such pool is installed.
J. 
This section applies to all swimming pools with exception to rubber or plastic pools which are less than 18 inches in height and are merely laid on the ground without filtration and are of the type generally used by children.
[Amended 1-17-2012 by L.L. No. 2-2012]
K. 
Commercial and club pools as elsewhere defined herein, shall comply with the bulk regulations of the zoning district in which they are located.

§ 245-23 Average density.

[Amended 8-11-1997 by L.L. No. 4-1997]
Approval of plats; conditions for changes in zoning provisions. The Board of Trustees, pursuant to § 7-738 of the Village Law, hereby empowers the Planning Board, simultaneously with the approval of a plat or plats, to modify applicable provisions of the Zoning Chapter, subject to the conditions hereafter set forth and such other reasonable conditions as the Board of Trustees may in its discretion add thereto. This authorization shall be applicable only to lands zoned for residential purposes. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands. The conditions hereinabove referred to are as follows:
A. 
If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board with the approval of the Board of Trustees, if, in the judgment of said Board of Trustees, its application would benefit the Village.
B. 
The application of this procedure shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
C. 
In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Planning Board and subject to the conditions set forth by the Board of Trustees, in detached, semidetached or attached structures.
D. 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval shall establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. It is required that such conditions shall be approved by the Board of Trustees before the plat may be approved for filing.
E. 
The proposed site plan, including areas in which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions not shown on said site plan, shall be subject to review and public hearing by the Planning Board in the same manner as set forth in § 7-725 and 7-725-a of the Village Law for the approval of plats.
F. 
On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto in the Village Zoning Map.
G. 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Chapter applicable to such lands.