LOCAL LAW NO. 1 OF 2020
OF THEINCORPORATED TOWN OF ORANGETOWN, NEW YORK
TOWN BOARD TO AMEND CHAPTER 43, ARTICLE IV SECTION 4.3(O)(iv)(b)
OF THE TOWN CODE REGARDING MIXED-USE DEVELOPMENTS
Be it enacted, by the Town Board of the Town of Orangetown as follows:
Section 1: Section 4.32(O)(iv)(b)(2) shall be amended with respect to total gross floor area ratio. As amended, Section 4.32(O)(iv)(b)(2) shall read (Deletions are strikethrough, additions underlined).:
Consistent with the concerns expressed in the Town’s Comprehensive Plan for the development of the areas subject to this special permit use, where the proposed mixed uses include retail, personal service establishments and/or restaurants, the Town Board, when granting the special permit, shall determine the maximum amount, if any, of each such use that may be permitted; provided further, however, that the total gross floor area that may be developed for all such uses, upon completion, shall not exceed 30% 35%of the total gross floor area to be developed. If built in phases, not more than 45% of the development may consist of such uses during any initial phase of development. Building permits and/or certificates of occupancy shall not be issued for any of the mixed uses, unless compliance with the above percentages is met. Consistent with the above limitations, the Town Board shall determine, in its sole discretion, in the special permit review process, the percentage of gross floor area, if any, that may be developed for retail and/or personal service uses during any phase of development.
Section 2. Severability. If any part or provision of this local law, or the application thereof to any person or circumstance, is adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law, or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of this local law even without any such invalid or unconstitutional part, provision or application.
Section 3: This Local Law shall take effect immediately upon filing with the Secretary of State.