Village of Hillburn, NY Article V Districts

§ 250-8 Establishment of districts.

A. Zoning districts. For the purpose of this chapter, the Village of Hillburn is hereby divided into the following zoning districts:

OS	Open Space
R-60	Rural Residence (60,000 square feet)
R-9	Low Density Residence (9,000 square feet)
R-6	Medium Density Residence (6,000 square feet)
LS	Local Shopping
GC	General Commercial
RED	Regional Economic Development
LI	Light Industrial
VC	Village Center Overlay
TOD	Transit-Oriented Development Overlay
RPO	Ridgeline Protection Overlay

B. District purposes. The zoning districts set forth herein have been established for the following primary purposes:

(1) OS, the Open space Zoning District, encompasses properties located within Harriman State Park, a segment of the Palisades Interstate Park system, and properties that are owned at present by the Village of Ramapo, and which are located along the Ramapo River and contain parkland or water supply wells, and Village park properties. The intent of this district is for the land to remain as open space and to be used for passive recreation.

(2) R-60, the Rural Residence Zoning District, is a residential zoning district encompassing mostly vacant land and low density residential uses. These areas of the Village are mountainous, and much of it is constrained by steep slopes, shallow depth to bedrock, and lack of adequate transportation access or centralized utilities. The intended primary land use for this area is open space and single-family detached residences.

(3) R-9, the Low Density Residence Zoning District, is a residential zoning district encompassing large portions of the existing residential neighborhoods within the Village in the vicinity of Lake Avenue, Terrace Avenue, and Fifth Street, Boulder Avenue and the upper reaches of Sixth Street. Within the central area of the Village, lands are flat, and soils are conducive for building development. These areas are generally served by central water and sewer. This zoning district is intended for one-family detached residences. Two-family residences would be allowed but would require Planning Board review and approval and would require larger lots to accommodate two-family residences. Also, fire, police, and similar public Village buildings as well as public parks are allowed.

(4) R-6, the Medium Density Residence Zoning District, is a residential zoning district encompassing large portions of the existing residential neighborhoods within the Village along Second and Third Streets, residential properties along NYS Route 17, and smaller properties along Fox Hollow Road and Sixth Street, and along Rockland, Lake, and Mountain Avenues, closer to Fourth Street. Within the central area of the Village, lands are flat and soils are conducive for building development. These areas are generally served by public water and sewer. In general, this area is intended for one-family detached residences. Two-family residences are allowed but require Planning Board review and approval. Fire, police, and similar Village public buildings would also be allowed, as well as public parks.

(5) LS, the Local Shopping Zoning District, is a nonresidential zoning district encompassing properties located along Route 17 to the north of the Hillburn Youth Center. This district abuts residential properties along Boulder Avenue, and Fifth Street and Mountain Avenue. Properties within this district that abut a residential neighborhood are required to maintain an adequate and significant buffer to screen views of nonresidential uses, and help mitigate operational impacts such as noise generation, odors, night lighting levels, and other emissions. The buffer will be a "no disturbance" zone, i.e., it must be retained in its natural state and supplemented with additional screening and buffering, including landscaping and fencing. The Local Shopping Center Zoning District is intended to accommodate a mix of smaller scale offices, medical offices, retail uses, banks, restaurants, and similar uses that would serve the needs of Village residents. Buildings shall be limited to a maximum building size so as to fit with the Village's character and are subject to architectural review. Multitenant buildings shall be subject to a review process wherein tenant changes shall be monitored by the Code Enforcement Officer and, where required, site or amended site plans shall be submitted for approval.

(6) GC, the General Commercial Zoning District, is a nonresidential zoning district encompassing properties that are located along NYS Route 59. This area is generally situated away from the core residential neighborhoods in the Village. A combination of light industrial and general commercial uses are allowed, including automotive uses. Multitenant buildings shall be subject to a review process wherein tenant changes shall be monitored by the Code Enforcement Officer and, where required, site or amended site plans shall be submitted for approval. Disclosure of all uses within multitenant buildings is required to ensure that emergency service providers are aware of the materials and uses being housed in these buildings, and that the health, safety and welfare of the Village is protected. Uses shall be subject to architectural review.

(7) RED, the Regional Economic Development Zoning District, is a nonresidential zoning district located within proximity to Interchange 15A of the New York State Thruway. Given this zone's location adjacent to a major regional interchange, properties shall be zoned to allow larger-scale regional shopping and commercial uses, including hotels, tourism business-related uses, neighborhood shopping, restaurants, personal service uses, and major medical facilities. Uses shall be subject to architectural review. Multitenant buildings shall be subject to a review process wherein tenant changes shall be monitored by the Code Enforcement Officer and, where required, site or amended site plans shall be submitted for approval.

(8) LI, the Light Industrial Zoning District, is a nonresidential zoning district encompassing the land area on either side of the New York State Thruway and the Metro-North Railroad right-of-way, and is predominately occupied with various transportation rights-of-way, utility transmission lines and facilities. This zoning district allows public utilities and facilities, subject to special use permit and site plan approvals related to any expansions or alterations of these facilities. Given the significant visual and environmental implications these resources have on Hillburn, the Village desires that the utility providers work cooperatively with the Village when designing and implementing program and facilities upgrades in order to improve the visual and environmental quality of Hillburn. Uses shall be subject to architectural review. Multitenant buildings shall be subject to a review process wherein tenant changes shall be monitored by the Code Enforcement Officer and, where required, site or amended site plans shall be submitted for approval.

(9) VC, the Village Center Overlay Zoning District, encompasses properties located in the historic traditional center of the Village, i.e., properties that front to Fifth Street, between Mountain and Rockland Avenues. This traditional center of Hillburn includes a U.S. Post Office, Village Hall and Court, and the Hillburn Fire Department. Preexisting multifamily residences are clustered in this location. This zoning district will allow the uses that are allowed within the underlying base zoning district, and would also allow preexisting multifamily residences, a deli and arts and crafts type uses. Nonresidential uses shall be subject to architectural review.

(10) TOD, the Transit-Oriented Development Overlay Zoning District, is located on the west side of NYS Route 59 and encompasses a collection of light industrial/heavy commercial buildings that are located between the highway and the railroad right-of-way. The TOD Overlay is intended to facilitate construction of a transit facility, e.g., a train station, train parking, or bus/train intermodal facility, and to result in the cleanup of the brownfields located in the overlay district. Any transit facility is required to include retail, personal service, and restaurant uses and multifamily residences with a varied bedroom mix. A percentage of the residences shall be affordable and made available first to Village residents, volunteers, and employees. Adequate and safe sidewalk connections to the Village shall be required, including over the Fourth Street Bridge and into the Village of Suffern. An improved streetscape and landscaping along Route 59 and Fourth Street shall beautify this gateway into the Village. The Village Board of Trustees approves any development allowed by this overlay. Uses shall be subject to architectural review.

(11) RPO, the Ridgeline Protection Overlay District, is intended to protect the visual and community character of the mountaintops which are an environmental asset and serve as an important visual backdrop to Hillburn's neighborhoods. Certain disturbances to the ridgelines shall require Planning Board review and approval in accordance with § 250-16 of the Zoning chapter.

C. In certain instances, and subject to specific approval by the Village Board in each case, the provisions of § 250-18C, Cluster development, may be applied to residential subdivisions.

§ 250-9 Zoning Map.

A. Said districts are bounded and defined as shown on the map entitled "Zoning Map of the Village of Hillburn, New York," as amended, which together with all explanatory matter thereon is hereby made part of this Zoning chapter.[1] A copy of the Zoning Map shall be kept in the offices of the Village Clerk and shall be made available for review by the public. All amendments to the Zoning Map shall be identified by the number of the local law and date of its adoption, and the Village Clerk shall affix his or her initials next to each amendment upon local law filing with the New York State Department of State. The Village Clerk shall sign the map as the official Zoning Map of the Village of Hillburn, New York.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

B. Base zoning districts. All zoning districts are deemed base zoning districts, except for any overlay district set forth in Article V of the Zoning chapter.

C. Open Space (OS) Zoning District. Any parcel of land that is in municipal, public or utility ownership and zoned Open Space, which parcel is transferred into private ownership, shall be deemed to be zoned R-60 Zoning District, and all standards set forth in this Zoning chapter and other applicable regulations of the Code of the Village of Hillburn shall apply.

§ 250-10 Rules for establishing district boundaries.

A. Along center line of streets and right-of-way lines. Where a boundary line is shown as approximately following the center line of a street, highway or railroad center line or a street, highway or railroad right-of-way line, such center line or right-of-way line shall be construed to be the zoning district boundary line.

B. Along lot lines. Where a boundary line is shown following a lot line, such lot line shall be construed to be said boundary.

C. Along watercourses. Where a boundary line follows a river or stream, such boundary shall coincide with the center line of such river or stream. For any present or future lake, pond, reservoir, river or other body of water, the regulations of the district in which they are located shall apply.

D. Parallel to physical features. Where a district boundary line is shown as approximately parallel to a street, highway, stream or railroad line, such boundary shall be construed as being parallel thereto and at such distance from the center line or right-of-way line thereof as is indicated on the Zoning Map.

E. Interpretation of Zoning Map. Where a dimension is indicated on the Zoning Map, such dimension shall control. However, in the absence of a specific dimension being indicated on the Zoning Map, the dimension shall be determined by using the map scale.

F. Existing physical markers. Where a street, highway, railroad or other physical monument or marker on the ground, by which a boundary line is determined, varies from that as shown on the Zoning Map, the on-the-ground physical monument or marker shall control.

G. In case of uncertainty as to the true location of a district boundary line in a particular instance, an interpretation may be taken to the Zoning Board of Appeals as provided in Article XIV.

§ 250-11 Table of general use regulations.

A. Use requirements. No building or premises shall be erected, altered or used in any zoning district except in accordance with Table A, Schedule of General Use and Bulk Requirements.[1]

The notations shown on the Schedule of General Use and Bulk Requirements shall have the following meanings:

P = Permitted Use	SP = Site Plan
SU = Special Use	Min = Minimum
Y = Yes	Max = Maximum
N = No	A = Accessory use

[1] Editor's Note: Table A is included as an attachment to this chapter.

B. Effect of use regulations. Where this Zoning chapter imposes a greater restriction on the use of a building or land or on the height of buildings or requires larger open spaces or imposes any higher standards than are imposed or required by any other statute, law, ordinance, rule or regulation, or by any easement, covenant, or agreement, the provisions of this Zoning chapter shall control. Where the requirements of this Zoning chapter differ from the requirements of another statute, law, ordinance, rule or regulation, the more restrictive shall govern.

C. Accessory uses and structures. Accessory uses and structures shall be compatible with and clearly incidental and subordinate to the principal use of the lot on which same may be situated, and an accessory use or structure shall not be established prior to the establishment of a principal use or building on the same lot except as allowed by Subsection D below.

D. Accessory uses and structures on lot without a principal use.

(1) Except as set forth below, no accessory use may be established on a vacant lot without a principal use having been first established, except as follows:

(a) That any use or structure accessory to a principal one-family detached residence in existence on the effective date of this Zoning chapter may be established on a separate lot, provided it is located on an adjoining property or across the street from the property and no more than 100 feet away from same.

(b) The property on which the accessory use or structure is located shall be and remain in the same ownership as the property to which it is accessory.

(c) The property shall be used for noncommercial purposes, and no outdoor storage shall be permitted except for the parking of operable motor vehicles licensed to the occupant of the one-family detached residence. No more than two motor vehicles may be parked on the property and no more than 500 square feet of the property may be paved with impervious surfaces.

(d) No accessory building or structure shall exceed one story or 15 feet.

(e) No residence shall be established on the separate property except in compliance with all regulations set forth in this Zoning chapter. At such time, any accessory parking that may be removed shall be provided on the lot of the residence which it serves.

(f) Establishment of a use or building on a property accessory to a residence located on a separate property shall require Planning Board site plan approval.

§ 250-12 Schedule of bulk regulations.

A. Purpose. In order to provide adequate space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, and to lessen congestion on streets, no building or premises shall be constructed, erected, altered, or used except in accordance with the standards set forth in this Zoning chapter.

B. Bulk regulations. The regulations affecting the dimensional arrangement of buildings and structures on a lot, the density of residential and nonresidential uses and of materials and equipment occupying land in connection with nonbuilding uses thereof for each of the districts established by this Article V are hereby established and set forth in Table A, entitled "Schedule of General Use and Bulk Requirements."[1]

[1] Editor's Note: Table A is included as an attachment to this chapter.

C. Existing residential lots of record. For the purposes of this Zoning chapter:

(1) Two or more contiguous noncomplying vacant parcels of land in common ownership on or after the effective date of this Zoning chapter shall be deemed to be merged to form one or more lots complying so far as possible to the bulk requirements of the district in which the parcels are located. The lots shall be merged so as to reduce the degree of noncompliance, or to create lots that comply with the bulk requirements applicable to the zoning district within which they are located.

(2) One or more vacant parcels of land that adjoin a noncomplying improved lot in common ownership on or after the effective date of this Zoning chapter and containing a building or structure shall be deemed to be merged with said improved lot to the extent necessary to bring the improved lot into compliance so far as possible. If any remaining vacant parcel(s) constitutes a complying lot, said parcel(s) shall remain a separate lot. Otherwise, the merged lots shall constitute one lot.

(3) Merger shall occur whether such contiguous parcels were under common ownership at the date of adoption of this Zoning chapter or come under common ownership any time thereafter.

(4) No lot so merged, or portion thereof, may be subdivided in any manner that will create or increase the degree of noncompliance.

(5) Grandfathering of lots to be used for the construction of one-family detached residences. Any lot in existence prior to the effective date of this Zoning chapter which did not adjoin another lot in common ownership and does not presently adjoin a lot in common ownership, and whose lot area, lot width, and lot depth are less than the minimum lot requirements for the district in which it is located, may be considered as complying with the minimum lot area requirements, and no variance shall be required, provided that:

(a) One-family detached residences shall only be a permitted use in the zoning district in which the residence would be located.

(b) The lot shall meet the following standards for minimum lot area and minimum lot width:

Zoning District	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
R-60	40,000	100
R-9	7,500	75
R-6	5,000	50

(c) Any one-family detached residence constructed on a pre-existing undersized lot in compliance with the provisions of this section shall conform with all other yard, floor area ratio, impervious coverage and building height requirements of the district with a minimum lot area requirement in which the lot would conform in descending order from the largest to smallest lot area; provided, however, that the side yard shall be no less than 50% of the required side yard for the district in which it is located, and in no instance shall the side yard be less than 10 feet, whichever is greater. Further, the height of the residence shall not exceed two times the smallest side yard setback of the lot on which it is located.

Example: A building has a proposed side yard setback of 10 feet and 15 feet. The building height shall not exceed two times the smallest side yard setback of 10 feet, which shall be 20 feet.

(d) These provisions shall not apply to any use other than the construction of a one-family detached residence.

(e) The residence can be served by water supply and wastewater facilities which meet Health Department standards for said facilities.

(f) The Planning Board shall approve a site plan for construction of the one-family detached residence on the substandard lot and may impose minimum yard setbacks on the lot and may establish a maximum building height to ensure the residence conforms to the residential building pattern within the immediate adjoining neighborhood to ensure that the new construction does not have a significant adverse impact on community character.

D. Minimum lot depth. All lots in the Village of Hillburn shall have a minimum lot depth of 100 feet.

§ 250-13 TOD Overlay District: Rezoning Procedure.

A. Purpose. The following procedures apply to zoning applications for the Transit-Oriented Development Overlay Zoning District set forth in § 250-15. As used in this section, the term "overlay" refers to the provisions of the Transit-Oriented Development Overlay.

B. Procedure.

(1) Preapplication meeting. The applicant shall request a preapplication meeting with the Village Board to discuss the applicant's proposal. The purpose of this meeting is to solicit preliminary nonbinding comments of the Village Board with regard to the consistency of any development proposal with the criteria set forth in § 250-15, and to identify any issues that would need to be addressed during the development review process. A concept plan shall be submitted which shall include the information set forth herein. In addition to submission of a sketch plan, a narrative indicating how the proposal meets or will be designed to meet the minimum standards set forth for the applicable overlay district shall be submitted. The above information shall be received by the Village Board no less than 30 days prior to the preapplication meeting at which the proposal shall be discussed. Subsequent to the meeting and issuance of the Village's nonbinding comments, the applicant may submit a formal application to the Village Board. The Village Board may invite the Planning Board to participate or to offer comments during the preapplication process.

(2) Submission of the overlay zone petition. The Zoning Map illustrates the area within which a transit-oriented development may occur, subject to a rezoning of the land to the TOD Zone. The rezoning shall convert the overlay zone to a base zone of the same name. The TOD Zone may be applied, but a zone petition is required to apply the TOD zoning standards to a specific property. The applicant shall petition the Village Board for TOD zoning in accordance with the procedures set forth in Article XV, Amendments, of this Zoning chapter. The zone petition shall be in a form sufficient to enable the Village Board to evaluate the applicant's proposal and its consistency with the purpose, criteria, minimum standards and general design standards expressed herein. Copies of the zone petition shall also be submitted to the members of the Planning Board for review and comment. The overlay zone petition shall be accompanied by the following, which shall represent the applicant's conceptual plan submission:

(a) A written description of the purpose of the development and to what extent it meets the purposes and criteria set forth in § 250-15 for the overlay district.

(b) A metes and bounds description and survey of the proposed district certified by a licensed land surveyor.

(c) A concept plan showing a proposed layout with:

[1] Delineation of the proposed uses on the property;

[2] Any elements required for consideration as outlined within § 250-15. The plan shall include a delineation and calculation of the approximate acreage of any proposed open space areas and description of the activities, if any, proposed to occur within said areas, together with proposals for the ownership, maintenance and protection of the open space;

[3] A description of ownership and illustration of the proposed access, whether public or private;

[4] A location map showing generally the land use and ownership of abutting lands within 500 feet of the property line;

[5] Description and preliminary mapping of the water and sewer system. The proposed capacity and maintenance of said system shall be specifically described;

[6] Identification of any environmental features located on the site. At a minimum, the features set forth in § 250-17K shall be shown;

[7] The approximate location and dimensions of proposed principal and accessory buildings showing the relationship to one another and to other structures in the vicinity. A conceptual rendering of building massing and proposed bulk regulations to guide development of the development shall be submitted;

[8] Proposed safeguards to minimize possible detrimental effects of the proposed development on adjacent properties and the neighborhood in general, including proposed plans for landscaping, tree preservation and buffering to adjacent properties;

[9] A preliminary stormwater management plan;

[10] Approximate location of lands, if any, proposed to be dedicated to the Village;

[11] Other information, plans and details as may be required by the Village Board to assess whether the proposed development will result in one or more of the public benefits set forth in § 250-15.

(d) A description and examples of the architectural and green building design features and programs to be incorporated into the development. The submission shall include building elevations and floor plans.

(e) A description as to how the common elements, e.g., open space and recreational resources, are to be owned, operated and maintained.

(f) If the project is to be phased, a proposed phasing plan indicating the approximate phasing of land dedication, site development and infrastructure improvements both on- and off-site, including the general order of construction and estimated timing of each phase. The phasing plan shall also identify the construction sequence and timing of all special community benefits and/or construction or improvement of public facilities, services and/or utilities. The Village Board, at its discretion, may require that the project be phased.

(g) Evidence acceptable to the Village Board to demonstrate the applicant's financial capacity to carry out the project and a description of previous experience with projects of a similar scale and magnitude.

(h) Such other documentation and information as may be required by the Village Board to evaluate the overlay zone petition and concept plan.

(3) Planning Board report. Prior to the completion of SEQRA, i.e., issuance of a negative declaration or issuance of a findings statement, and prior to any action taken by the Village Board on the zone petition, the Planning Board shall issue a report with its comments related to its review of the zone petition, concept plan and SEQRA document that shall be considered by the Village Board prior to its decisionmaking.

(4) SEQRA review. The zone petition and concept plan shall not be deemed complete until such time as the lead agency issues an SEQRA negative declaration, or a draft environmental impact statement ("DEIS") is accepted by the lead agency as complete for purposes of commencing public review. For purposes of this Zoning chapter, any proposed development within the TOD Overlay shall be designated a Type I action and requires submission of a full environmental assessment form ("EAF"). Consistent with the regulations implementing SEQRA, coordinated review shall be conducted. The lead agency, based on the facts contained in the EAF, the zone petition and concept plan, shall determine whether the proposed action may have a significant effect on the environment, requiring issuance of a positive declaration and the preparation of a draft environmental impact statement ("DEIS"). The following information shall be provided by the applicant as part of the SEQRA review process, unless waived by the Village Board. The studies may be incorporated into a DEIS, if required:

(a) A community services/fiscal impact study analyzing the demand that will be placed on community service providers and the costs associated with same. The study shall set forth specific methodology and assumptions upon which it is based. The lead agency shall review and consider the estimated community service costs, including municipal and school district capital and operating costs, and the tax revenues to be generated by the development to offset said costs.

(b) A traffic impact study indicating the ability, in terms of geometry and capacity, of the internal and adjacent roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, as necessary, to ensure adequate and safe traffic flow.

(c) A noise and air quality analysis demonstrating that the development will not have a significant adverse impact on ambient noise or air quality.

(d) Design calculations and preliminary plans illustrating on- and off-site improvements related to the design, construction and installation of a centralized system of wastewater treatment and water supply.

(e) A stormwater management plan, indicating methods to control stormwater runoff and methods to protect water quality of receiving water bodies.

(f) An ecological study demonstrating that the development will not have a significant adverse impact on sensitive and regulated species or significant habitat.

(g) A cultural resource study documenting the potential impacts to historic and archaeological resources.

(h) A visual impact assessment demonstrating that the development is one which will be integrated into the landscape and will be minimally visible from scenic vantage points.

(i) Such other information and data that the lead agency determines necessary for adequate SEQRA review of the proposed action.

(5) Rockland County Planning referral. The zone petition shall be referred to the Rockland County Planning Department in accordance with § 239-m of the New York General Municipal Law.

(6) Public hearing. The Village Board shall hold one or more public hearings to allow the public an opportunity to comment on the zone petition. The Village Board may, in its discretion, combine the zone petition public hearing with other required hearings, including any SEQRA hearing conducted by the lead agency.

(7) Village Board zone petition decision. Approval by the Village Board of the zone petition is a legislative act. The Village Board, by resolution and in its sole discretion, may elect to consider, may elect not to consider, or may reject the zone petition at any time during the zone petition review process. Failure of the Village Board to act on a zone petition shall be deemed a denial. In the event the Village Board elects to consider a zone petition, the Village Board, within 62 days after the close of the public hearing and after completion of the SEQRA process by the lead agency, including, if required, the issuance of SEQRA findings, shall make its decision to approve, disapprove, or approve with conditions the overlay zoning. If the Village Board disapproves the overlay zone, it shall set forth its reasons for said determination in a written statement. However, the requirement of a written statement shall not be deemed to impair or affect the legislative nature of the Village Board's decisionmaking powers. The time frame within which the Village Board may act may be extended upon mutual consent of the Village Board and the applicant. Failure to act within the time prescribed shall not result in default approval of the zone petition. If the Village Board approves the zoning, or approves the zoning with conditions, it shall, in its decision:

(a) State that it has considered the criteria for decisionmaking and state its finding as to what extent the proposed project meets these criteria and to what extent the project, on balance, benefits the Village of Hillburn.

(b) Set forth or establish the maximum square footage buildout to be included in the zone.

(c) Determine all uses which shall be allowed in the zone.

(d) Establish the phasing plan as may be requested by the applicant or required by the Village Board.

(e) Prescribe such bulk regulations which will apply in the zone, including an identification of the provisions of the Zoning chapter that shall be superseded.

(f) Establish such other conditions and requirements which the applicant must adhere to in the development of the zone.

(g) All of the above shall be deemed to be, upon approval, or approval with conditions, of the zone petition, the final concept plan.

(8) Development agreement. The Village Board and the applicant (developer) shall enter into a written agreement, the purpose of which shall be to establish in writing, and for the benefit of the parties, the specific parameters of the approval which has been granted by the Village Board and upon which the applicant may rely in proceeding with its development project.

(9) Filing of documentation. Upon approval of the zone petition, the Village Zoning Map shall be duly amended by the Village Board. The map amendment shall be filed, as required, as a local law with the New York State Department of State, and a copy shall be filed in the Rockland County Clerk's office. In addition, the final concept plan shall be filed in the office of the Village Clerk, together with the Zoning Map amendment and development agreement. Where the regulations of the Zoning chapter vary with the standards set forth in the final concept plan, the final concept plan shall take precedence.

(10) Planning Board approval. The zoning of the property as a TOD Zoning District by the Village Board does not create any vested rights. The applicant shall be required to make a complete application for site plan and/or subdivision approval for some or all of the zone. Nothing herein shall limit the applicant's ability to make submission of a site plan or subdivision application prior to conversion of the overlay to a base zone. However, until the zone petition is approved, no subdivision plan or site plan application shall be deemed complete, and said determination of completeness shall be made only by the Planning Board. The applicant shall pursue diligently preliminary subdivision plan and/or site plan approval. The zone shall entitle the applicant to construct the development in accordance with the final concept plan, subject to Planning Board site plan and/or subdivision approval. However, any significant changes to building location, sizes, building type, or changes which the Village Board or Planning Board deems may have the potential to have a significant impact or represent significant deviation from the concept plan upon which the zone has been approved shall be referred back to the Village Board for its review and consideration. The Village Board shall determine whether said changes require amendments to the final concept plan. If a preliminary subdivision and/or site plan application for either a phase or for the overlay zone in its entirety is not submitted within one year of the date the base zone is granted, the rezoning shall become null and void, and the land shall revert to the underlying base zone prior to approval unless the applicant requests an extension from the Village Board. Prior to the expiration time period, the applicant may request from the Village Board up to two one-year extensions of time for the submission of a plan and shall state in writing the reasons for said extension. The Village Board, in its discretion, may conduct a public hearing and may approve or deny the extension. In making its site plan and/or subdivision determination, the design standards set forth in this section, together with all standards set forth in the development agreement, standards of the TOD Zone, and final concept plan approval shall be applied by the Planning Board.

§ 250-14 Village Center Overlay District regulations.

A. Purpose. The Village Center Overlay (VC) is a mapped zone established within the traditional center of Hillburn where a mix of civic and multiple-family residences already exist. The overlay zone aims to include small-scale deli and art studio uses, and allow continuance of the existing multifamily residences to reflect the Village's traditional charm and provide services to residences in the vicinity.

B. Existing multiple-family residences. Multiple-family residences in existence on the effective date of this chapter are allowed as a permitted use within the Village Center Overlay District.

C. A multiple-family residence which does not meet the bulk requirements set forth above shall be deemed to be a conforming use with noncomplying bulk. Said use may continue, but in no case shall the number of dwellings in the building be increased above that number of dwellings in existence on the effective date of this Zoning chapter as based on the tax assessment and building data.

§ 250-15 Transit-Oriented Development Overlay District regulations.

A. Purpose. The Transit-Oriented Development ("TOD") Overlay District is established only upon an applicant's submission of a zone petition and approval of the petition by the Hillburn Village Board. Approval of a zone petition and TOD concept plan by the Hillburn Village Board allows an applicant to apply for site plan approval of a TOD in compliance with the standards set forth in this section of the Zoning chapter and the final concept plan approved by the Village Board. The purpose of the district is to:

(1) Create a greater sense of place and of community identity at this gateway location;

(2) Provide mobility options within the Village, such as the transit around which the community has evolved;

(3) Provide a regional transit facility that benefits from its proximity to the existing railroad right-of-way and state routes within and adjacent to the areas eligible for the overlay district;

(4) Provide a more efficient use of land consistent with the Village of Hillburn Comprehensive Plan;

(5) Provide a variety of housing types which addresses the diverse needs that characterize Hillburn, and which promote age- and income-integrated housing. Easy access to transit allows all residents, including older adults and people with disabilities, to rely less on automobile travel while still remaining independent and mobile;

(6) Allow a residential density that creates vibrant communities and increases the value of properties around the TOD; and

(7) Allow for the reuse of brownfield sites within the Village located along existing transit lines to accomplish housing diversity.

B. Criteria for approval of a TOD base zone. In determining whether to approve a TOD, the Village Board shall consider the following criteria and determine to what extent the proposed TOD meets these criteria and whether the proposed development, on balance, benefits the Village of Hillburn:

(1) Demonstrate that the TOD will introduce retail and other uses as part of a mixed-use development that provides employment opportunities for area residents and enhances the Village's tax ratable base;

(2) Results in the conversion of brownfield sites into attractive gateway mixed-use developments;

(3) Uses high-quality building materials and introduces aesthetically attractive buildings that will enhance the Village's visual environment;

(4) Incorporates mass transit facilities into the design of the structure;

(5) Will be physically linked to Hillburn's historic neighborhoods by revitalization of the pedestrian corridors in the project vicinity;

(6) Promotes energy-saving and sustainable building techniques, like those promulgated by the U.S. Green Building Council;

(7) Can be served adequately by the Village and other community facilities and services that serve the Village, including ambulance, fire, police, highway, and other services, and will not place undue demand on same, and provides for the construction or improvement of public facilities, services or utilities;

(8) Can be accommodated in a manner wherein the traffic generated by the use will not negatively impact any roads within the Village of Hillburn or regional road network;

(9) Provides special community benefits such as open space protection, public access to park land, hiking trails, biking trails and recreational resources.

C. Minimum TOD Zoning District standards. The following minimum standards must be met in order to submit a TOD zone petition to the Village Board:

(1) Location of TOD. The proposed TOD may be developed on properties only located in the TOD Overlay District.

(2) Minimum size. The minimum size of the tract, or combination of tracts, encompassing the TOD shall be five gross acres and in single ownership. Said tract(s) shall be contiguous, except that utility and transportation rights-of-way shall be permitted to cross the tract, and still render the tract contiguous. No part of the required acres may be composed of land or property already restricted from development by a conservation easement, deed restriction, or other restriction limiting development, except that environmental covenants established in association with the NYS Brownfield Cleanup program or similar federal program shall not apply where said covenant allows the use of the property for the intended purposes of a TOD.

(3) Utilities. The proposed use shall be served by central water and sewer service.

(4) Uses. A TOD may allow the following nonresidential uses: retail, restaurant, offices, and personal service uses. The uses allowed in the TOD shall be authorized by the Village Board, which, in its discretion, may reject any use it determines does not meet the intent of the zone. Multiple-family residences shall be a permitted use, subject to the design requirements set forth herein. Transit uses, including bus garage, vehicle transit garage, train station, and similar transit uses, shall be a required use which shall be integrated into the design of the TOD.

(5) Accessory uses. Accessory uses shall include parking, loading, common recreation space for residential occupants, and other uses that the Village Board, in its discretion, deems is clearly incidental and accessory to the TOD.

D. Design standards.

(1) The TOD shall incorporate no less than 35% and no more than 50% of the total gross floor area of the building facility for the construction of a transit facility, which may include a train station, bus station, bus parking train parking, or bus/train intermodal facility.

(2) No less than 15% of the total gross floor area of the building facility shall consist of permitted nonresidential uses, including retail, personal service, offices, and restaurants. The retail use may be increased up to 30% of the total gross floor area of the facility. All commercial uses shall front to the public street and shall serve as liner spaces around the transit building to screen views of any garages or other transit areas.

(3) No less than 35% of the total floor area of the facility shall consist of multiple-family residences. Of the total number of units, 40% shall consist of one-bedroom dwellings, 40% shall consist of two-bedroom dwellings, and 20% shall consist of three-bedroom dwellings.

(4) No less than 20% of all dwelling units shall be made affordable to households earning no more than 80% of the Village's median household income measured in the year immediately preceding the anticipated occupancy of the dwelling units. The affordable dwelling units shall consist of 50% one-bedroom dwellings and 50% two-bedroom dwellings. There shall be no difference in the design, features, and amenities provided in a market-rate versus affordable dwelling unit. The affordable dwelling units shall remain affordable for the life of the TOD. The affordable housing units shall first be made available to Hillburn residents, volunteers of the Village's service providers, senior citizens and relatives of Hillburn residents on a continual basis.

(5) The TOD shall incorporate a recreation area for use by the residents or shall provide a fee in lieu of recreational land.

(6) Sidewalks shall be improved and connected to existing sidewalks providing access to the Village of Hillburn, including over the Fourth Street Bridge and into the Village of Suffern.

(7) The frontage of the property shall be landscaped with street trees and other planting materials along the length of Route 59 and adjacent to the Fourth Street Bridge.

(8) The maximum height of the building(s) shall be six stories or 65 feet. The building shall be designed to have a stepped setback across from Blakeslee and Park Place in order to provide adequate light and air space between the neighborhood and the TOD. The lower two stories shall be dedicated to the transit facility, and no more than two stories shall be dedicated to said transit facility.

(9) Parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in the TOD Zone shall be established as part of the final concept plan, taking into consideration the requirements of Article VIII of this Zoning chapter.

(10) Yard requirements. Frontage and yard requirements within a TOD Zone shall be established as part of the concept plan, and will be dictated by health, fire, safety, function and buffer considerations. With the design guidelines, the applicant shall be required to submit proposed bulk requirements that would apply to the TOD, which shall be subject to Village Board approval.

(11) Roads and driveways. The arrangement, character, extent, width, grade and location of all driveways shall be considered in relation to existing streets, topography and public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by said driveways.

(12) Municipal civic areas and uses. The creation of a development in the TOD Zone, due to its size, may place significant demand on various municipal service providers. These providers include but are not limited to: fire district, library, Village governmental services, and emergency service providers and equipment. The Village Board may require that the development incorporate into its design locations for municipal service providers where the Village Board finds that the project would have a significant adverse impact in the absence of providing said location and that such locations would mitigate such impacts. Alternatively, the applicant may mitigate community service impacts through funding the construction and expansion of existing facilities off-site to handle the additional demand.

(13) "Green building" techniques. As a requirement of the TOD Zone, it shall be the goal that no less than 50% of all space within the TOD be designed in accordance with "green building" techniques or standards such as those promulgated by the U.S. Green Building Council, i.e., Leadership in Energy and Environmental Design ("LEED") standards, or comparable standard. The applicant shall endeavor to follow these principles, and any techniques shall be set forth and incorporated into the design standards for the TOD Zone.

(14) Signage and lighting. The TOD Zone shall incorporate decorative sign and lighting design standards which shall regulate said improvements within the TOD Zone. The Village Board shall give due consideration to the goals, objectives and design standards set forth in the Village of Hillburn Comprehensive Plan in its review and approval of said standards. Lighting shall be dark-sky compliant.

E. Professional fees. The applicant for a TOD Zone shall be required to reimburse the Village for all professional fees incurred by the Village in its review of the zone petition application and in its SEQRA review of the application. As a condition of the commencement of the review of any TOD petition, the Village Board shall require the applicant to enter into an escrow agreement for reimbursement of professional fees. Refer also to Chapter 120, Fees, of the Village of Hillburn Code.

§ 250-16 Ridgeline Protection Overlay (RPO) District.

A. Purpose. Consistent with the Village of Hillburn Comprehensive Plan, the Village of Hillburn seeks to protect its environment, community character and scenic beauty. The Village's prominent ridgelines are within the viewshed of regional trails and park system. The Village has determined that prominent ridgelines are an integral contributing element to the Village's landscape. The purpose of this section is to minimize the visual and environmental impacts of development located on or within 200 feet of a ridgeline by regulating the placement of buildings and structures and limiting the overall disturbance that occurs within the Ridgeline Protection Overlay District. It is not the intent of this section to regulate or limit development on small hills or rises on parcels within the Village that are not prominent in the visual landscape and are not identified on the Zoning Map.

B. Applicability. The Ridgeline Protection Overlay District shall apply to all lands within 200 feet of a ridgeline as shown on the Zoning Map.

C. Regulated activities.

(1) No approval shall be granted and no building permit shall be issued for any activities regulated herein without Planning Board review and approval as per the requirements of this section. The following activities situated within the RPO District are subject to review and approval by the Planning Board:

(a) Any activity requiring site plan or subdivision approval from the Planning Board.

(b) Any activity requiring special use permit approval from the Planning Board.

(c) Any construction or use requiring the issuance of a building permit, and where the proposed construction would disturb over 1,000 square feet of gross lot area or would exceed 20 feet in height as measured from existing ground level within the RPO District.

(2) Activities that require a building permit on that portion of a property occurring wholly outside of the RPO District shall not be subject to the following regulations.

(3) Telecommunication towers shall not be permitted within the RPO Overlay District.

D. Procedure.

(1) Code Enforcement Officer review. The Code Enforcement Officer shall review a building permit application and determine if the activity is located within the RPO District. If the proposed activity is within the RPO District and it is a regulated activity, the building permit application shall be referred to the Planning Board. No building permit shall be issued for any regulated activity unless the Planning Board has issued approval of the activity.

(2) Design review. The Planning Board shall review the application to determine if it complies with the design standards set forth herein.

(3) Decisionmaking. The Planning Board may approve, approve with modifications, or disapprove the proposed activity. In the event that even with the imposition of conditions, the resource protection objectives of this section cannot be satisfied, the Planning Board shall deny an application for activities regulated therein.

(4) SEQRA. The Planning Board, in its decisionmaking, shall comply with the regulations implementing SEQRA.

(5) Time frame for decisionmaking. Where the Planning Board is reviewing a site plan or special use permit application, the time frame within which to make a decision on an application proposed within the RPO District shall be reviewed concurrently and decided upon with the site plan and special use permit. For any action that does not otherwise require a site plan or special use permit, the Planning Board shall render a decision within 62 days of receiving a complete application, or the close of the public hearing, whichever occurs later. The Planning Board, in its discretion, may hold a public hearing on the application.

(6) The decision of the Planning Board shall be filed with the Code Enforcement Officer and Village Clerk.

E. Submission requirements. The Planning Board shall determine the level and detail of information that shall accompany the site plan, special use or building permit application(s). The information to be submitted shall depend on the nature of the proposed activity, e.g., its scale, height and mass, and the potential for same to be visible from public observation points. Unless waived by the Planning Board, the data to be submitted shall include:

(1) Any material submitted to the Code Enforcement Officer in conjunction with a building permit, site plan or special use permit application. Said application shall also include an architectural rendering of the proposed structure, indicating the size and shape of the house, its siding color and material, window locations, size and type and roofing color.

(2) Swatches, paint chips, and other samples indicating the materials and colors proposed in the construction of the activity. The applicant shall specify the methods and mechanisms of minimizing visual impacts of existing and proposed structures, roads, driveways and other man-made features.

(3) A plan showing the location of existing and proposed roads, structures, driveways, or other man-made features. The plan shall indicate the maximum first-floor topographic elevation and the maximum elevation to the highest point of each building and structure. Grading and the limits of disturbance shall be shown.

(4) Visual assessment form, indicating the public observation points from which the proposed activity may be visible.

(5) Additional submittals. The Planning Board, in its discretion, may also require submission of the following information:

(a) Soil stability analysis. A soil stability analysis shall be submitted to the approving agency to demonstrate that the construction will not compromise the stability of the terrain (including any man-made structure on-site) and certified to that effect by a New York State licensed geotechnical engineer. The Planning Board may waive this requirement if the Village Engineer advises the Planning Board that it is unnecessary owing to the particular conditions of the site and the nature of the requested approval.

(b) Visual impact analysis. A visual impact analysis shall be submitted to the extent and level of detail commensurate with the circumstances of the requested approval if the Planning Board makes a finding that any structures may have a significant visual impact on the environment. Such visual impact analysis may be required to include a verifiable digital photomontage combining an existing conditions photograph with a three-dimensional computer-aided design ("CAD") model of proposed conditions using match points that are in common in both the three-dimensional model and the photograph to create a verifiable visual simulation of the proposal, during leaf-off, no-snow conditions, from distances and vantage points as determined appropriate by the Planning Board. A balloon test may be required to determine whether any proposed structure would be visible from a public road.

(c) Tree survey. A tree survey shall be submitted showing on the site plan the location, type, and diameter of every tree of eight or more inches diameter at breast height (dbh) that is being proposed to be eliminated. The Planning Board may require a photographic record of the vegetative coverage taken from vantage points determined by it to be appropriate given the particular circumstances of the requested approval. In addition, the Planning Board may require an inventory of shrubs and plants for purposes of identifying species typically found on the property and determining appropriate compensatory coverage.

(d) In consultation with the Planning Board, the applicant shall provide a list of observation points from which the structure may be visible. The applicant shall provide photographs taken from the observation point of the development site with aerials markers (e.g., balloons) if required by the Planning Board.

(e) Any additional information as may be requested by the Planning Board to render its decision.

F. Design standards.

(1) Location outside RPO District. The Planning Board, in its discretion, may require that activities and structures be located on those portions of a lot outside the Ridgeline Protection Overlay area. The Planning Board, in reviewing a subdivision plan, shall ensure that proposed lots be platted, and buildings be situated, on the landscape so that proposed disturbance areas and building locations are located outside the RPO District to the greatest extent practicable.

(2) The installation of all structures and associated driveways, gardens, terraces, walls, ponds, patios, and utilities shall minimize to the greatest extent practicable all blasting, chipping, cutting, filling, and mechanical recontouring of the natural terrain, and shall take advantage of the screening potential of existing vegetation and land features to screen any activity regulated herein. All land disturbance activities, including but not limited to clearing, grading, excavation, building construction, construction of driveways and roads, cutting, and filling, shall be limited to the minimum land area necessary to accommodate the proposed use or activity, and shall in no case be greater than 5,000 square feet plus land necessary for driveway access.

(3) If such structures cannot be completely obscured, they shall be made to blend as unobtrusively as possible into the hillside to avoid breaking the natural ridgeline. Structures shall be designed to step with or follow the natural terrain to minimize regrading. Landscaping may be required by the Planning Board as mitigation for negative impacts on the public viewsheds and to minimize the visibility of the proposed improvements.

(4) Natural and historic features that provide scenic importance to the mapped areas of the RPO district areas shall be preserved and remain undisturbed to the greatest extent practicable. These features shall include, but are not limited to, historic buildings and structures, stone walls, steps and paths, boulders, natural rock outcroppings, and streams.

(5) Location below the ridgeline. All structures shall be sited so that the roof or the top of the building or any structure is located below the ridgeline unless the structure is fully screened by existing vegetation and appropriate restrictions are placed on the lot to ensure that said vegetation is not removed. In no instance shall a structure pierce the skyline as seen from any public road. Vegetation shall be retained or planted to ensure this requirement is met. The Planning Board may impose conditions or otherwise limit the maximum height of any structure to achieve the objectives of this section.

(6) Proposed building materials (including but not limited to retaining walls and windows) shall be used with dark earth-toned and nonreflective building materials to ensure that the structure blends with the surrounding landscape. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with dark earth-toned colors.

(7) Native vegetation to be preserved. Removal of native vegetation, including shrubs and trees, shall be minimized to the maximum extent practicable. The Planning Board may impose conditions or otherwise limit the amount of disturbance permitted. The Planning Board may also require landscaping with native noninvasive species to offset potential visual or environmental impacts associated with the proposed disturbance. Clear-cutting of trees in a single contiguous area shall be prohibited, unless expressly permitted by the Planning Board.

(8) Clear-cutting prohibited. Clear-cutting on the ridgeline shall be prohibited. Further, topping of trees with or without stump removal is prohibited. The continuity of the tree line when viewed from a public observation point shall not be disturbed.

(9) Lighting shall be minimized. Dark-sky-compliant lighting fixtures shall be used or lighting levels shall otherwise be limited to the minimum level necessary to protect the health, safety and welfare of residents.

(10) Colors. The Planning Board may require that a structure be limited to specified dark earth-toned colors to limit visibility of the structure.

(11) Building envelopes. To ensure that the placement of structures and other improvements comply with these standards, the Planning Board shall limit permitted development to specified building envelopes showing acceptable building sites and areas of permitted clearing of vegetation and grading of land. Such building envelopes shall:

(a) Be clearly designated on the approved subdivision plat and/or site plan.

(b) Be the minimum size necessary to accommodate the approved development and protect the remainder of a site from significant alterations.

(12) Any subdivision showing a potential structure within the RPO District shall have a note referencing this section of the Zoning chapter or a note indicating detailed plans and restrictions for specific structures for specific lots that have been approved during the subdivision process along with the restrictions imposed.

G. Conditions. The Planning Board shall attach conditions to its approval as it deems necessary to achieve the purposes of the RPO District. Such conditions may include the following:

(1) Limiting building to a specified building envelope area.

(2) Requiring a conservation easement on land outside a building envelope.

(3) Requiring landscaping to buffer and screen proposed structures.

(4) Reducing the height, footprint, or floor area of a proposed structure.

(5) Modifying the architecture, building materials, or other design features of a structure so that it will blend into the landscape.

(6) Limiting alteration of landforms through grading, cutting, or filling.

(7) Changing the location and siting of structures, including the alignment of roads and driveways and the placement of any other improvements on the property.

(8) Restricting clearing of trees and reduction of tree cover.

(9) Other conditions deemed necessary to achieve the objectives of this section.

H. Waivers. The Planning Board may waive the standards set forth herein where it determines that preservation of the visual environment can still be achieved by granting the waiver.