The Route 303 Overlay Zoning District is the culmination of a two-year study process, including the recent planning focus on the lower Hudson River Valley by state and federal agencies and, specifically, the Route 303 Sustainable Development Study. Each of these studies, as presently drawn or drafted, emphasizes the unique character of the lower Hudson Valley, including Orangetown, in terms of the region's history, landscape, and natural features. Additionally, the studies have highlighted the need to balance economic growth and quality of life issues within the Hudson River Valley.

The Route 303 Sustainable Development Study is a study of State Highway Route 303 in Orangetown coordinated jointly by the New York State Department of Transportation, the New York Metropolitan Transportation Council, the County of Rockland and the Town of Orangetown. Route 303 is a state roadway with specific transportation characteristics that define its operation in terms of capacity, speed and safety. The purpose of this study was to develop transportation improvements addressing safety and traffic issues and land use recommendations concerning quality of life issues. A key component of this study was a very proactive public outreach approach that included shared decision-making. The final product of the Route 303 Sustainable Development Study will be a plan that incorporates roadway, transportation, engineering and planning recommendations to improve the roadway's operation and aesthetics.

The public outreach process included a series of meetings and workshops designed to solicit input and feedback from the Citizens Advisory Committee formed for this study, residents of specific neighborhoods, businesses along Route 303 and the general public. The results of each meeting were well documented and distributed to the study team partners and the public.

The Overlay Zoning District is based in part on this public outreach process as well as technical input from the Technical Committee. The recommendations that emerged from the public outreach process emphasized the strong and interconnected relationship between land use and transportation.

The Route 303 Plan seeks to create a balanced and sustainable approach to transportation and development in the corridor by addressing transportation improvements while at the same time creating land use control mechanisms that can address the environmental and aesthetic issues specific to visual quality, particularly as to the viewshed and character of the forested state, county and Town parks and the mountains, ridges or hills constituting the western slopes of the Palisades as located immediately to the east of the Route 303 corridor.

In addition, these transportation elements affect overall community character and quality of life for residents and business owners in the corridor, Town and region. The land along the road corridor is a mix of private and public lands, and residential and commercial uses. These uses currently affect roadway operations; future build-out can greatly influence both the transportation aspects of the road's function and the visual character of the roadway, adding to or detracting from the overall character of the community. The areas and viewsheds to the east of Route 303 are particularly important because of the presence of the western portions of the Palisades, including Clausland Mountain and other mountains and hills which comprise a string of segmented parks, including several state, county and Town parks. The state, county and Town parks involved specifically include Buttermilk Falls County Park, Schuyler Town Park, Blauvelt Interstate Park, Tacamack Town Park, Clausland Mountain State Park. Clausland Mountain County Park.

The Sparkill Creek which drains the western portions of the foregoing parks is also deserving of special protection as are other proposed open space areas under consideration for acquisition by the County of Rockland or the Town of Orangetown. The Open Space Protection Initiative of the Town of Orangetown has resulted in a progressive effort at preserving the integrity of the Palisades ridgeline. In addition to ensuring a visual and biologically diverse corridor along the ridgetop, the efforts of the Town of Orangetown have linked Town, county and state parklands, and safeguarded the "Long Path." In preserving the natural, historic and recreational resources of the region, the Town of Orangetown has extended itself to the benefit of the residents of the Town and also to the benefit of all residents of the Lower Hudson Valley.

The Hudson River Valley Natural Heritage Area encompasses five counties on both sides of the Hudson River, including Rockland, and portions of five more, as designated by the United States Congress. The mission of this federal initiative is to preserve and interpret the historic and environmental heritage of the Hudson River Valley and to promote controlled growth. The Hudson River Valley National Heritage Area is managed by the Greenway Conservancy for the Hudson River Valley, a public benefit corporation, and the Hudson River Valley Greenway Communities Council, a state agency.

New York State's Hudson River Valley Compact Greenway Program was created to develop a regional strategy for preserving the scenic, natural, historic, cultural and recreational resources of the Hudson River Valley while promoting compatible economic development. The Town of Orangetown passed a resolution supporting the five Greenway criteria: protection of natural and cultural resources, support of regional planning efforts, promotion of sustainable economic development, promotion of public access to the Hudson River and promotion of heritage and environmental education.

The goals of the Hudson River Valley Greenway Act of 1991 created a process for voluntary regional cooperation among the 242 communities in the 13 counties in the Hudson River Valley that are included in its territory. Rockland County is currently developing a regional planning compact that addresses the Hudson River Valley Greenway Communities Council's criteria to promote natural and cultural resource protection, regional planning, economic development, public access and heritage and environmental education. The local communities and municipalities, Governor Pataki and state agencies, private partners and the federal government are investing hundreds of millions of dollars in the Hudson River Valley. The Greenway Act is an innovative effort to preserve the natural, historic and recreational resources of the region.

The Palisades Interstate Parkway, which runs through Tappan, provides two entrances and two exits onto Route 303 in which are significant open spaces. The Town's vision is fully supported by the Palisades Interstate Park Commission. The Palisades Ridge spans two states and three counties, and may be the single most visible natural resource on the west shore of the lower Hudson River. The New York State Office of Parks, Recreation and Historic Preservation announced in May 2000 that the Palisades Interstate Parkway from the George Washington Bridge north to the Queensbora Circle east to the Bear Mountain Bridge and west to N.Y. Route 293, has been listed on the National Register of Historic Places. The National Register is the nation's official list of properties worthy of preservation. The importance of this roadway and adjoining buffers was reinforced with the release of the Palisades Interstate Parkway New York State Scenic Byway Corridor Management Plan funded by the New York State Department of Transportation. The first goal of the management plan is to "preserve and enhance the quality of the existing historic parkway character and scenic byway corridor."

The Comprehensive Plan project which has been ongoing in the Town of Orangetown has now completed a draft plan; that plan recognizes that the planning process for the portion of the Town which lies within the overlay zone are to be evaluated on a parallel but independent basis under the provisions of this ordinance.

The overlay zone will promote the natural environment and vistas that serve as home to the Town. These land use initiatives complement the Town's vision, as well as the vision of the Route 303 Sustainable Study, as expressed, inter alia, in the visioning instrument. The current and future use of land in the corridor is to be controlled and regulated by the Town of Orangetown, in large measure, through its zoning and other land development regulations. In addition, a special Tappan Historic Area District deserving of special protection, based upon historical occurrences during the Revolutionary War, extends along or parallel to the eastern and primarily western portions of Route 303 south of Kings Highway.

Furthermore, in evaluating the areas which fall within the boundaries of the Route 303 Overlay Zone, the following unique and singular factors deserve considerable recognition:

The Town of Orangetown has determined that an overlay zone district will best reflect the plan's recommendations and meet the environmental, aesthetic and community character issues which have been identified and described in general terms in this introduction and history. The overlay zone district will encourage land use decision-making in accordance with the public interest, protection of private property rights and the public good, and applicable laws of the State of New York. Furthermore, it will provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards. The overlay zoning technique is a modification of the system of conventionally mapped zoning districts. An overlay zone applies a common set of standards to a designated area or areas that may cut across several different conventional or underlying zoning districts. The standards of the overlay zone apply, in addition to those of the underlying zoning district. The overlay zoning district provides for additional land development regulations that supplement the relevant provisions of the underlying zoning.

The Route 303 Corridor Overlay District (hereinafter referred to as the "District") is a zoning district enumerated in § 2.1 of the Orangetown Zoning Code (Establishment of districts). The District regulations apply to all land use applications for which any portion of the subject property is located within the District as delineated, i.e. said property or parcel touches Route 303 or has ingress or egress to Route 303 as a result of a private road or easement. Such properties are specifically designated on the District Map attached and made part of this Local Law (Exhibit A)[1], and are described in § 2.21 of the Zoning Code of the Town of Orangetown.

A waiver or failure to enforce any part of this article XIII, or any goal or policy in the Code of the Town of Orangetown, shall not constitute a waiver of any other part of the Code. Such a waiver or failure to enforce this Code shall not constitute a failure or continuing waiver of the specific part that was waived or not enforced.

Hereafter, no building or structure shall be erected, enlarged, or relocated, and no building, structure or premises shall be built in the Route 303 Overlay District (as defined by this article) except in compliance with the provisions of this article XIII and then only after securing all required permits and licenses. Further, any structure, legally preexisting as of the effective date of this local law, and located within the Overlay Zoning District, which shall be damaged or destroyed by flood, fire or other natural disaster, shall not be held to the requirements of this article XIII, subject, however, to the provisions of Article XI of this chapter 43 (Nonconforming Use and Nonconforming Bulk Regulations).

Any rezoning, subdivision, development, building or structure approval or permit shall be in compliance with this article XIII, even if there is no specific reference to the regulations made in other Code sections governing such approvals.

Any building, structure, or use which is lawfully existing within the overlay zoning area at the time of passage of this article XIII of the Zoning Code of the Town of Orangetown, although not in compliance therewith, may be maintained as provided in Article IX of this chapter 43 (Nonconforming Use and Nonconforming Bulk Regulations).

If, after the effective date hereof, a primary access and egress route, or private road, drive or easement used as an entrance road, is established from Route 303 to a property which is located immediately east or west of the Route 303 Overlay District, such property shall be deemed to fall within and be subject to the provisions of this ordinance.

If, after the effective date hereof, any application for a building permit or other land use approval is submitted concerning a parcel located within the Route 303 Overlay Zone and the application includes or incorporates any separate or distinct parcel which is located beyond the boundaries of the Overlay Zone, the provisions of this ordinance shall also apply to such separate or distinct parcel.

Any application for a zone change, special or conditional use permit, site plan or subdivision approval, use or area variance, and/or building permit which was granted a waiver by the Town Board as a result of the appeal provision of Local Law No. 5 of 2000 of the Town of Orangetown (entitled "Temporary Route 303 Moratorium on Development") is entitled to proceed with the application as finally approved by the Town of Orangetown Planning Board and/or Zoning Board of Appeals and the provisions of this article XIII shall not apply to such application as it was specifically approved to proceed to review by the Zoning Board of Appeals and/or the Planning Board, after consideration by the Town Board under the provisions of Local Law No. 5 of 2000.

Promote pedestrian and vehicular safety in the Route 303 corridor; limit the proliferation of truck traffic; and minimize left hand turns, U-turns and other turning movements and overall traffic volume;

Moderate and control traffic on Route 303, while recognizing that Route 303 is in large measure a regional artery for passenger and truck traffic, and while further recognizing that Route 303 connects to a two-lane roadway only at the Bergen County, New Jersey state line;

Promote the most desirable use of land and viewsheds in a manner that promotes the goals of the Route 303 Sustainable Corridor Study;

Foster civic pride and promote enjoyment of the Town's scenic qualities;

Protect and buffer the viewshed of the Palisades, including Clausland Mountain and other natural areas, as located in a series of state, county and Town parks which run on a consistent basis parallel to the east side of the Route 303 corridor;

Protect and enhance the Town of Orangetown's rich resources;

Ensure that parks and recreational facilities are protected and preserved and made accessible and desirable for use by residents and visitors;

Encourage open space preservation and environmental stewardship;

Promote the economic viability of the Route 303 corridor;

Preserve commercial development opportunities (except that particular types of retail and retail warehouse uses shall be prohibited, pursuant to § 13.10);

Protect, preserve and improve neighborhood commercial areas at or near the Oak Tree Road/Tappan, Orangeburg Road/Orangeburg and Erie Street/Blauvelt interchanges;

Ensure the harmonious and orderly growth of existing neighborhood commercial areas;

Discourage unattractive retail strip development;

Protect and buffer existing residential areas;

Protect and buffer abutting districts;

Prohibit street loading/unloading areas or activities;

Promote parking in the rear yard of properties;

Establish landscape screening and buffering provisions.

In the event that any portion of this local law shall be determined to be invalid, such determination shall not effect or result in the invalidity of any other provision of this local law.

In all instances, this ordinance shall be interpreted and applied in a manner specifically intended to implement the zoning provisions set forth herein to the maximum extent allowable under the Constitutional and statutory authority which enables it. The Zoning Board of Appeals is recognized as being vested with the authority which it holds under the laws of the State of New York with regard to the granting of area or use variances and other appropriate actions. In all instances, however, the Zoning Board of Appeals, in the consideration of any matter before it concerning the application or utilization of this law, shall give full consideration to the terms and provisions of this ordinance, including the history, scope and legislative intent hereof. In no event, however, shall the Zoning Board of Appeals allow this ordinance to be interpreted or applied in a manner which results in any unconstitutional or prohibited taking under the Constitutions or laws of the United States or the State of New York, or the abrogation of the provisions of Article 16 of the Town Law of New York State or their subordination to those of this article XIII.

Driveways. Within the Route 303 Overlay District, no residential driveways shall connect from a parcel to Route 303 if there is any suitable means of ingress and egress to the parcel from any county, Town or private road.

Variances for retail. Retail uses are not presently permitted as-of-right in certain existing zoning districts (i.e., LI, LIO and LO) and consequently require use variances. If there is any application, after the effective date hereof, for a retail use in excess of 65,000 square feet gross floor area in an LI, LIO or LO Zone, the grant of such variance shall require a determination on the issue of use variance and a separate determination on the issue of an area variance by the Zoning Board of Appeals.

Specific conditions applicable to all properties located within the Route 303 overlay project.