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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
February 1 1999
Regular Board Meeting
February 1, 1999
Page 1

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, February 1, 1999 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.


The following officials were present:

        Mayor Elliott                           Trustee Daubney
Treasurer Reardon                       Trustee Grant
                                                Trustee McCarthy
                                                Trustee Watkins

        Absent:  Village Manager Herbek , Village Attorney Waldman


1. CALL TO ORDER:

        Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the  Pledge of Allegiance.



2. APPROVAL OF MINUTES:

Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held on January 19, 1999.  Trustee Grant seconded the motion.  The Board voted for unanimous approval.


3. APPROVAL OF VOUCHERS:

Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Daubney and approved unanimously.

                General Fund    $       36,050.93
                Water Fund             16.00                                    
                Trust & Agency  30,548.12                                            
         $      66,615.05


4.      PUBLIC HEARING:         
Mayor Elliott opened the Public Hearing on Local Law Introductory #2 of 1999, to adopt a Waterfront Development (WD) District.



Discussion:

Ann Gallelli stated that the Planning Board has been working on this for some time and has sent a recommendation for acceptance.  She added that David Stolman has been very involved in the preparation of these documents and also been working on this for a number of years.

David Stolman, Executive Vice President, Frederick P. Clark Associates, Inc., gave an overview of the Proposed Waterfront Development District; this is a new and improved Riverfront Development District which applies to a number of parcels on the Hudson River; has a considerable lower density of the old district; has a provision for affordable housing; a provision for a maximum building height and length.

Mayor Elliott opened the floor for Public Comment:

Rhoda Stevens, asked what area is being talked about when it mentions detached family homes.  David Stolman replied that the local law would rezone 11 specific, small parcels that are part of Half Moon Bay project. Trustee McCarthy added that this would be a floating zone and she has concerns about that.

Adam Wekstein, a partner in the Mt. Kisco law firm of Chandler, Sloan, urged approval of the law, but, as written, the WD district law places an outside limit on the approval of three years and he asked that the Planning Board be given the authority to have the discretion to approve extension of the three year limit as warranted.  He also asked the Board to refer to the Planning Board for the actual designation of Half Moon Bay as a WD district.

Mayor Elliott closed the Public Hearing and asked the members of the Board for comments

Trustee McCarthy referred to item 3 on page 4 which refers to multiple family dwellings and asked if this meant apartment houses.  David Stolman replied that this refers to garden apartments.  Trustee McCarthy added that the Board should think about if it wants to include such development in the scope of this district and she is concerned about the potential of high rise apartments.

Trustee Grant asked if there is a document that shows what the 11 parcels are that are referred to in the document.  David Stolman replied that there are 9 main parcels; his document dated January 8th  includes a map that shows these parcels.

Trustee McCarthy referred to page 8, items A & B and stated that she  interprets (A)  to mean that the easement does not have to be on the waterfront.  David Stolman replied that this provides for an easement on the easterly side of the property that will connect the county land at the south to the northern most part of the property; it does not specifically say it has to be on the waterside.  Trustee McCarthy (B) questioned references to size of parcels that will be provided for as recreational and/or cultural facilities.  David Stolman replied that in fulfilling the 10% requirement, not more than a half acre can be designated for parking spaces.  Trustee McCarthy asked if there were any terms or conditions that should be incorporated in the resolution when it is adopted.  Ann Gallelli replied that the Planning Board will be meeting again the following night and will take this into consideration.  Trustee McCarthy stated that she does have concerns about this being a floating zone.  Mayor Elliott replied that this will be designated only for Half Moon Bay.

a)      Trustee Grant made a motion to adopt the Negative Declaration.  Trustee Watkins seconded the motion.  Vote was taken with all voting “aye”.

Trustee Grant made a motion to approve adoption of Local Law #10 of 1998.  Trustee McCarthy seconded the motion.

Discussion:  David Stolman asked that the following be added to page 11, end of paragraph 3: “The Planning Board, may, at its discretion, extend said 3 year completion period upon application prior to its expiration if such extension is warranted by the particular circumstances of this development.”  Ann Gallelli, representing the Planning Board, agreed that this should be included.

Trustee Grant amended her motion to include this statement; the amended motion was seconded by Trustee McCarthy.  Vote was taken, will all voting “aye”.


5.      CORRESPONDENCE:

Village Treasurer Reardon read the following correspondence (full text available at the Village Office):

Letters from Elmer Suds and Honey’s Restaurant notifying the Village that they will be applying for renewal of their liquor licenses.   
A letter from Rosalind Morrissey, announcing that she will no longer continue as coordinator and co-chair of the Community Blood Program and asking for volunteers to continue the work of this group.


A letter from Linda A. Lyons, Deputy Town Clerk, Town of Rye, NY with information about a resolution this town passed concerning County Revaluation.  Mayor Elliott stated that he will look into this and report back at a later date.



CITIZEN PARTICIPATION:

Regina Carroll stated that people who want to speak at Board Meetings should be instructed to come to the podium and speak into the microphone; for the benefit of those viewing the meeting on cable television; that many times speakers remain at their seats behind the camera and can be neither seen nor heard.



RESOLUTIONS:

a)      On motion of TRUSTEE DAUBNEY, seconded by TRUSTEE GRANT, the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:  

WHEREAS, the Village of Croton-on-Hudson has benefited from several inter-municipal agreements with the Town of Cortlandt over the years with respect to bidding by the Town Purchasing Director, shared use of equipment and the removal of freon from appliances; and

WHEREAS, the Village is desirous of continuing these inter-municipal agreements for another year;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the three intermunicipal agreements which deal with bidding by the Town Purchasing Director, shared use of equipment and removal of freon from appliances.


b)      On motion of TRUSTEE GRANT, second by TRUSTEE McCARTHY, the following resolution was adopted by the Board of Trustees of the Village of Croton on Hudson, New York by unanimous vote:

        RESOLVED:       that pursuant to Article 15, Section 116 of the Election Law,
the following persons are hereby appointed inspectors of election to preside at the Village Election of March 16, 1999:

                DEMOCRATIC:     Carol Seaver
                                        Margaret Opie
                                        Margaret Cunningham
                                        Jane Reibel
                                        Sam Plummer

                REPUBLICAN:     Carol Mahon     
                                        Julie Asaro
                                        Lucy Agosta
                                        Nancy Goetz
                                        Ruth Waitkins

        and be it

        FURTHER RESOLVED: that the compensation for each inspector of election
        shall be fixed at $125.00 per day, and be it

FURTHER RESOLVED: that voting machines be used for recording the vote for the election of Village officers, and be it

FURTHER RESOLVED: that the Village Clerk is hereby directed to hire R. Michael Mitchell and Joseph Price as Technicians of voting machines at a compensation of
$45. per machine to prepare voting machines.



REPORTS:

Trustee Watkins stated that he had asked Village Manager Herbek to contact the state for help in a clean up of Rt. 9 and requested that Treasurer Reardon check on this.

Trustee McCarthy reported that there was a joint meeting of the Trustees and the Chamber of Commerce; they are looking at issues that effect the business community and they welcome comments.  Trustee McCarthy reported also that she attended the recent Parking Lot Committee meeting and would like put on a work session agenda whether this is the appropriate time to proceed with the improvements that the Village is seeking to make to the parking lot; there are some open issues about the operation of the lot and construction.

Trustee McCarthy requested again that Mike Lee come to a work session to discuss Metro Enviro; a citizen’s report stated that they are recycling run off water collected from the leachate collection system and this is a major concern.  Trustee McCarthy announced that the next work session will be Monday, 7:30 P.M. at Village Manager Herbek’s office.

Trustee Daubney reported that the Library received good newspaper publicity recently and the programs’ attendance has quadrupled.  Trustee Daubney noted also that Bob Wintermeier has followed through on contacting Fodor’s and Mobile Travel Guides and he has put together a brochure, with pictures, which he showed the Chamber of Commerce; copies will be sent to Fodor’s, Mobile Travel Guides and Readers’ Digest.

Trustee Grant reported that she attended the Parking Lot Committee meeting also and that this is a good, knowledgeable, in depth committee that has been working together for a number of years.

Trustee Grant reported also that she will be in White Plains, attending Tom Abinanti’s Task force on the waste hauling industry, which is looking to improve controls on how garbage contracts are written; there is a first draft of the proposed law.  Trustee Grant will report back on this meeting.


Trustee Daubney made a motion to adjourn; seconded by Trustee McCarthy; approved unanimously.


The meeting was adjourned at 9:00 P.M.


Respectfully submitted,



Phyllis A. Bradbury, Secretary




Deputy Clerk/Acting Clerk


Local Law 2 1999

The Creation of a Waterfront Development (WD) District Within Chapter 230, Zoning, of the Croton-on-Hudson Village Code

SECTION  I.   PURPOSE  AND  INTENT

The Waterfront Development District zoning provisions are intended to facilitate the development of property along the Hudson River waterfront which is consistent with the Village's Master Plan, the Village's Local Waterfront Revitalization Program and the Village's Greenway Vision Plan; which enhances and utilizes the potential of the Village's riverfront; which strengthens the physical integrity of the Hudson River waterfront and the economic viability of the Village; which expands the use and public accessibility to the Village's Hudson River waterfront for the purposes of recreation, leisure and year-round residents; and which encourages the development of larger tracts of land as single, unified and comprehensive projects.


SECTION  II.   AMENDMENTS

A new Article V.A entitled Waterfront Development (WD) District shall be added to Chapter 230 and shall read as follows:

        ARTICLE V.A
Waterfront Development (WD) District


§ 230-31.1      Purposes.

        The Waterfront Development District zoning provisions are intended to facilitate the development of property along the Hudson River waterfront while:

        A.      Being consistent with the overall intent of the Village's Master Plan.

        B.      Being consistent with the provisions of the Village's Local Waterfront Revitalization Program.

        C.      Being consistent with the overall intent of the Village's Greenway Vision Plan.

        D.      Enhancing and utilizing the potential of the Village's riverfront.

        E.      Strengthening the physical integrity of the Hudson River waterfront and the  economic viability of the Village.

        F.      Expanding the use and public accessibility to the Village's Hudson River waterfront for purposes of recreation, leisure and year-round residence.

        G.      Encouraging the development of larger tracts of land as single, unified and comprehensive projects.

§ 230-31.2      Eligibility.

        Each Waterfront Development District shall be comprised of ten (10) or more contiguous acres of dry-land under single ownership, and shall have a minimum of one thousand (1,000) feet of shoreline along the Hudson River.

§ 230-31.3      General conditions.

        A.      Single development plan.  The Waterfront Development District designation shall require the tract so designated to be developed pursuant to one (1) site development plan, covering the entirety of the designated tract of land and showing the complete development of the site, including any phasing which may be permitted or required in accordance with § 230-31.11.E(4) below.

        B.      Amendment to Zoning Map.  A Waterfront Development District designation shall be effected by the Village Board of Trustees as an amendment to the Village's Zoning Map, in accordance with the procedures set forth in Article XIV of this chapter, and such regulations as the Village has adopted, or may in the future adopt, under such article.

        C.      Site development plan approval.  Proposed development of a tract of land in a Waterfront Development District shall be subject to preliminary and final site development plan approvals by the Planning Board, in accordance with the procedures set forth in Article XI of this chapter, and such regulations as the Village has adopted, or may in the future adopt, under such article. Notwithstanding the above, the Planning Board may employ a single-phase site development plan review and approval process where, in the Planning Board’s judgment, said single-phase process will be equally protective of the public health, safety and general welfare, and will serve equally to implement the purposes enumerated in §§ 230-2 and 230-31.1 of this chapter. Any changes in the uses, layout, buildings, structures, or other aspects of the development shall require a site development plan amendment and corresponding Planning Board review and approval in conformity with the procedures set forth in Article XI and any regulations thereunder.

§ 230-31.4      Permitted uses.

        No building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended, or designed to be used, in whole or in part, for any uses except the following:

        A.      Recreational uses.  The following recreation facilities:

                (1)     Swimming, water-skiing, fishing, sailing and boating.

                (2)     Ice skating.

                (3)     Tennis, platform tennis and other racquet sports, handball, basketball, and other similar sports.

                (4)     Picnic areas, playgrounds and trails.

        B.      Residential uses.  The following types of residential development:

                (1)     Attached or detached single-family dwellings.

Two-family dwellings.

                (3)     Multiple-family dwellings.

(4)     Recreational and public assembly facilities associated with residential development.

        C.      Special permit uses.  Subject to the issuance of a special permit by the Village Board of Trustees, the following uses:

                (1)     Restaurants.

                (2)     Marinas and yacht clubs.

                (3)     Ferry terminals.

                (4)     Docks and piers for any permitted use under this section.

                (5)     Repair facilities for recreational boats.

                (6)     Public utilities.

                (7)     Municipal facilities subject to § 230-45 of this chapter.

                (8)     Cultural uses:

                (a)     Theatres for the performing arts.

(b)     Temporary art, craft and educational exhibits.
                
                (c)     Band shells.
        
                (d)     Museums.

        D.      Additional considerations.  The Planning Board, before recommending approval of a special permit for any of the uses set forth in § 230-31.4.C above, and the Village Board before approving an application for such a special permit, shall consider in addition to the requirements and objectives set forth in Article X of this chapter, the following:
        
                (1)     Compatibility of the proposed use(s) with the use(s) of adjacent buildings and property.
        
                (2)     Absence or prevalence of similar uses within the vicinity of the site and within the Village.
                (3)     Off-street parking demands of the proposed use(s).

                (4)     The public access aspects of the project in relation to the requirements of §230-31.10 of this chapter.

                (5)     Any other factors that may be deemed significant by either Board in relation to the proposed use(s) and any neighboring use(s).

§ 230-31.5      Accessory uses.

        No accessory uses shall be permitted except for those which are deemed by the Planning Board during the site development plan review process to be customarily incidental to the permitted uses in §§ 230-31.4.A through C above and the following:

        A.      Customary home occupations in accordance with the requirements of § 230-9.A(10)(a) of this chapter.

        B.      Professional offices or studios in accordance with the requirements of § 230-9.A(10)(b) of this chapter.

        C.      Retail sales of items incidental to the conduct of non-residential uses approved on the final site development plan.

§ 230-31.6      Signs.

        A.      Offices and studios.  Signs for professional offices and studios shall be subject to the limitations and standards set forth in § 230-9.A(10)(i) of this chapter.

        B.      Other uses.  For uses not specified in paragraph A immediately above, one (1) sign shall be permitted facing each street from which access to the lot is provided.  Such sign shall be applied onto the wall of a building, if any, shall not exceed an area of twenty-four (24) square feet, and shall not extend beyond said wall in any direction.  If there is no building, one (1) freestanding sign shall be permitted, shall be no higher than ten (10) feet above the ground, shall be no greater than twenty-four (24) square feet in size, and shall be no closer than twenty-five (25) feet to the nearest lot line.  All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours as determined by the Planning Board during the site development plan review process.

        C.      Directional, trail, and project signs.  Signage relating to vehicular, pedestrian and bicycle usage, traffic and parking shall be permitted, as shall an entry sign for the project itself.  The locations, sizes, colors, materials and illumination of said signage shall be subject to the approval of the Planning Board as part of the site development plan review process.

        D.      All signs.  All signs shall meet the standards of § 230-44 of this chapter.  Every effort shall be made to avoid the blockage of views in the placement of signage on the site.

§ 230-31.7      Enclosure.

        All permitted uses and all storage and accessory uses thereto, other than off-street parking and recreational facilities and activities that by their nature are placed or conducted out-of-doors (or such other uses as are deemed by the Planning Board during the site development plan review process to be more appropriately conducted in non-enclosed facilities), shall be carried on in structures fully enclosed on all sides.  The outdoor storage of boats on dry land may be permitted, provided there is adequate screening as shown on the approved site development plan.

§ 230-31.8      Landscaping.

        The entire tract shall be suitably landscaped, as shown on the approved site development plan.  All landscaping shall be properly maintained throughout the life of the approved uses of the development, in accordance with the provisions of § 230-71 of this chapter.

§ 230-31.9      Bulk, height, and parking requirements.

        The respective minimum and maximum requirements and standards for all uses shall be as follows:

        A.      Density.

                (1)     Market-rate dwelling units.  The residential density shall not exceed a maximum of one (1) dwelling unit for every five thousand (5,000) square feet of dry-land area.

(2)     Affordable dwelling units.  The Village Board of Trustees may permit additional dwelling units not to exceed five percent (5%) of the number calculated in accordance with the provisions of paragraph (1) immediately above, if the additional dwelling units are deemed by the Board of Trustees to be affordable units.  The affordable dwelling units shall be integrated among the market-rate units in the project.
        
B.      Building height.  The maximum building height shall be three (3) stories and thirty-seven (37) feet, except that no building within seventy-five (75) feet of the mean high water line of the shoreline shall exceed two (2) stories and twenty-five (25) feet.

        C.      Building length.  The maximum horizontal dimension of any building or structure shall not exceed two hundred and fifty (250) feet.

        D.      Building spacing.  The distance between any two (2) buildings shall not be less than forty (40) feet, except that unenclosed decks of reasonable depths, as determined by the Planning Board during site development plan review, may extend into the forty (40) foot wide separation area.  

        E.      Open space.  At least twenty percent (20%) of the tract of land shall constitute "open space" as such term is defined by this chapter.

        F.      Habitable floor area.  The minimum habitable floor area per dwelling unit shall be seven hundred and fifty (750) square feet, except for affordable dwelling units in which case the minimum habitable floor area per dwelling unit shall be six hundred (600) square feet.

        G.      Building coverage.  The footprints of the buildings in the project shall not exceed thirty percent (30%) of the total dry-land area of the tract.

        H.      Floor area ratio.  The floor area ratio of the proposed use shall not exceed fifty hundredths (0.50) of the dry-land area of the tract.

        I.      Marina size.  

                (1)     The length of a marina in the project shall not exceed sixty percent (60%) of the site's shoreline.  

                (2)     The maximum plan depth of a marina shall be the lesser of twelve percent (12%) of the site's shoreline or three hundred (300) feet.

        J.      Off-street parking spaces.  The minimum number of off-street parking spaces included in the project shall be:

                (1)     Per dwelling unit:  2.0 spaces; plus a number of reserved guest spaces to be determined by the Planning Board during the site development plan review process; plus

                (2)     Per employee:  1.0 space; plus

                (3)     Per marina slip or mooring:  0.5 space; plus

                (4)     For all other uses:  spaces in accordance with the provisions of this chapter.

        K.      Setbacks.  No structure, other than for a special permit use listed in § 230-31.4.C above, shall be permitted within twenty-five (25) feet of the mean high water line of the shoreline and no structure, regardless of use, shall be permitted within twenty (20) feet of a street line or lot line, except as specifically permitted by the Planning Board during the site development plan review process based on a demonstration by the applicant that the reduced setback will be sufficient to adequately separate adjacent land uses.

§ 230-31.10     Public access.

        A.      Right-of-way or easement.  In order to foster the purposes of this article, in order to implement the policies expressed in the documents listed in § 230-31.1 above, and in order to increase public pedestrian access to, and the potential for enjoyment of the Hudson River waterfront, the site development plan shall show a dry-land right-of-way or easement for the enjoyment of the public, which easement shall be not less than twenty (20) feet in width traversing the entire length of the site unless configured otherwise by the Planning Board during the site development plan review process.  To the maximum extent practicable, said right-of-way or easement shall be integrated so as to create linkages with existing and anticipated public pedestrian and bicycle trail systems on adjacent lands.

        B.      Public recreational and/or cultural facilities.  Ten percent (10%) of the total dry-land area of the site shall be developed as suitable public recreational and/or cultural facilities, identical or similar to those set forth in §§ 230-31.4.A and C(8) of this chapter.  In determining adherence to this requirement, land used for public trails and walkways (excluding residential sidewalks but including the right-of-way or easement required by § 230-31.10.A immediately above), bike paths and boat launching facilities shall be included.  In meeting this requirement, a minimum of one-half (0.5) acre shall be in the form of public recreational and/or cultural facilities identical or similar to those set forth in §§ 230-31.4.A and C(8), excluding associated parking spaces.

        C.      Meanings of "public."  For the purposes of §§ 230-31.10.A and B immediately above, the usage of and access to the respective public facilities shall be as determined by the Village Board of Trustees, on a case by case basis, during the designation of a tract of land as a Waterfront Development District; said facilities may be open to the general public or restricted to Village residents as deemed appropriate by the Village Board.  In any event, usage of and access to such facilities shall either be at no cost or will require no more than a nominal fee.  If deemed appropriate by the Planning Board during  the site development plan  review  process, the  common  and private
                recreational facilities specified in § 230-31.10.D below may be allowed to fulfill part of the ten percent (10%) set aside for public recreational and/or cultural facilities required in § 230-31.10.B above.

        D.      Other common and private recreational facilities.  Residential developments may also have other permitted recreational facilities which are common and private to the development, and which may also be available to adjoining development.

§ 230-31.11     Procedures for district designation and site development plan approval.

        A.      Designation.  A Waterfront Development District shall be designated by the Village Board of Trustees as an amendment to the Zoning Map on the initiative of the Board of Trustees or on petition of the owner of the tract of land for which a Waterfront Development District designation is sought.

        B.      Petition procedure.  If the Waterfront Development District designation is based upon a petition from the owner of the tract of land, a petition for the Waterfront Development District designation shall be filed with the Village Board of Trustees, accompanied by such fee as the Village Board of Trustees may from time to time set in the regulations associated with this article.  Such petition shall be supported by a site development plan containing the information required by Article XI of this chapter, and such regulations as the Village has adopted, or may adopt in the future, under such article.  The submission shall also include the following documentation:

                (1)     Evidence of how the proposed use(s) would meet the needs of the residents of the project as well as general community needs.

                (2)     Evidence that the proposal is generally compatible with the goals of the Village's Master Plan, its Local Waterfront Revitalization Program, its Greenway Vision Plan, and the purposes of this article.

                (3)     If the development is to be phased, a general indication of how the phasing is to proceed.  Whether or not the development is to be phased, the site development plan shall show the total project.

        C.      Referral to Planning Board and designation decision.  The proposed designation of a Waterfront Development District by the Village Board of Trustees or the petition for a Waterfront Development District designation by the owner of the tract of land and all supporting submissions, shall be referred by the Village Board of Trustees to the Planning Board.  A recommendation shall be made by the Planning Board to the Board of Trustees pursuant to and within the term provided by Article XIV of this chapter.  Subsequent to the receipt of the recommendation of the Planning Board, or subsequent to the expiration of the above mentioned term without the recommendation of the Planning Board, and after public hearing as provided by Article XIV of this chapter and the conclusion of the State Environmental Quality Review process, the Village Board of Trustees shall act upon the petition.

        D.      Designation conditions.  A Waterfront Development District designation may be contingent upon terms and conditions pertaining to, but not limited to, mix of land uses, visual and acoustical screening, the sequence of construction and/or occupancy, systems for vehicular and pedestrian circulation, availability of sites for necessary public services, protection of natural resources, and other such conditions that may be required for the public health, safety and general welfare, and for the comfort and convenience of the public in general and the residents and landowners of the project and the immediate neighborhood in particular.

        E.      Site development plan.  Prior to development in a Waterfront Development District, the owner of the tract of land or his designee shall submit to the Planning Board a site development plan.  The Planning Board shall be bound by the terms and conditions of the Village Board of Trustees' amendment to the Village Zoning Map designating the tract of land as a Waterfront Development District.

                (1)     Access.  The site development plan submission shall include a detailed plan for the applicant's construction (and maintenance, if dedication to the Village would not ensue) of vehicular and pedestrian access to the site, if such access is not already provided adequately by Village-maintained streets and roads.

                (2)     Site development plan approval.

                        (a)     Site development plan approval shall be conditioned upon the development being designed to adequately preserve an open character with respect to principal views of the Hudson River from residential areas of the Village as well as principal views from the Hudson River to residential areas of the Village, through the appropriate placement, spacing, height and bulk of buildings and structures.

                        (b)     The Planning Board shall not approve any site development plan covering less than the entirety of the tract of land designated as a Waterfront Development District.

                (3)     Lapse of approval of site development plan.  If no construction has begun or if no use has been established in the project within one (1) year from the date of the adoption of the Planning Board's resolution of site development plan approval (final site development plan approval in the case of a two-phase process), said approval shall lapse and be of no further effect.  If construction has begun or if the use has been established within said one (1) year period, but if the development has not been completed within three (3) years of said approval, then said approval shall, except as provided in § 230-31.11.E(4) of this chapter relating to the phasing of development, lapse and be of no further effect in relation to the uncompleted part of the development.  The Planning Board may, in its discretion, extend said three (3) year completion period, upon application prior to its expiration, if such extension is warranted by the particular circumstances of the development.

                (4)     Phasing of development.  The Village Board of Trustees in its amendment to the Village Zoning Map designating a Waterfront Development District based upon a petition by a land owner, or the Planning Board in its approval of the site development plan, may permit or require that such development be phased over a number of years, and may direct the chronological order of development.  In such case, the term beyond which failure to complete the development shall result in a lapse of the Planning Board's approval under § 230-31.11.E(3) above shall be stipulated by the Board of Trustees or Planning Board for each phase of development.  The public recreational and/or cultural facilities required by § 230-31.10.B of this chapter and any other recreational and/or cultural facilities shall not constitute the final phases of the project.

                (5)     Guarantee of performance.  The Planning Board shall, as a condition of site development plan approval, require a performance guarantee with terms satisfactory to said Board, for the purpose of guaranteeing performance by the applicant with respect to improvements and infrastructure to be offered in dedication to the Village, erosion and sedimentation control measures, and potential site restoration measures, regarding the approved site development plan.

                (6)     Amendment of the site development plan.  Any application for amendment of an approved site development plan shall be processed by the Planning Board in the same manner as an original site development plan application, except to the extent that the required information is contained on the approved site development plan.  In acting upon an application for such amendment, the Planning Board shall be bound by the terms and conditions of the Village Board of Trustee's amendment to the Village Zoning Map designating the tract as a Waterfront Development District.

        F.      Amendment of Waterfront Development District designation.  The Village Board of Trustees may amend the designation of a tract of land as a Waterfront Development District as an amendment to the Village Zoning Map, in accordance with the procedures set forth in Article XIV of this chapter.  Upon such amendment, all uses, bulk and parking regulations, and other provisions and conditions affecting the development of such tract of land, shall be those of the new zoning district designation of said tract.

SECTION  III.   EFFECTIVE  DATE

This local law shall take effect immediately upon its filing with the Secretary of State.

SECTION  IV.   SEPARABILITY

The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof  is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
subsections, words, or parts of this local law or their application to other persons or circumstances.  It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.



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