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Rigid Zoning Rules Stifle Residential Development; Developers Propose Floating Zones & Overlays To Mitigate Zoning Limitations
ANALYSIS
A proposal to develop a residential project on about 12 acres on South Greenbush Road in Blauvelt’s LI (Light Industrial) Zone hinges on the Orangetown Town Board’s willingness to create “Multi-Family Dwelling Community Floating Zones” in industrial districts.
The residential proposal in Blauvelt calls for two multi-family apartment buildings consisting of 138 one- and two-bedroom apartments with 220 parking spaces, and 15 townhouses, each with its own garage and parking space. According to the developer, the creation of the zone would facilitate the development of a range of much-needed housing types in the town, provide for a transitional use between existing industrial and residential areas, and permit appropriate redevelopment of eligible parcels.
The problem is that residential developments are not permitted in Orangetown’s LI Zones.
Another proposal to develop a four-story building with 109 apartment units and 132 parking spaces in Orangetown’s CO (Commercial) Zone at 10 Jefferson Avenue in Pearl River would require the creation of “Development Enhancement (DE) Overlay Zone” to allow rental apartments on parcels of land at least one acre in size and within 1,000 feet of the train station.
The developer said the project would create housing opportunities for young professionals, commuters, downsizing seniors, and local workforce residents. Benefits also include additional foot traffic for downtown businesses, as well as enhancing the appearance of the area which is dotted with fallow and underutilized commercial lots in close proximity to the Metro North/New Jersey Transit line on Main Street in Pearl River.
The problem is that residential developments are not permitted in Orangetown’s CO Zones.
The solution: Zoning Overlays.
As proposed by the developers, the overlays would allow projects to move forward without changing the underlying zoning on a parcel. The overlay zone is a fixed layer placed on top of an existing zone on a map to add extra rules and alternatives to existing permitted uses. In other words, the overlay would allow the construction of residential buildings in commercial or industrial zones as long as the projects met the specific requirements and restrictions of the overlay.
The overlay exists whether a developer builds or not. It does not replace the base zone; it works alongside it (or on top of it) to allow development where it would not otherwise be permitted. The creation is a permissive act – the town has no obligation to create an overlay. It is the developer’s burden to convince the Town Board of its value.
Overlays and floating zones are useful planning tools that facilitate variation from the rigid rules of Euclidian zoning — a system of land-use regulation that separates distinct activities—such as residential, commercial, and industrial—into separate, single-use geographic districts or zones.
Though commonly used interchangeably, floating zones function differently from overlays.
In the Town of Ramapo, the town code provides for two types of floating zones, based on size and location, for Planned Unit Developments (PUDs).
PUDs are “floating zones” created to encourage creative residential, commercial or mixed use development, including the construction of smaller and more affordable apartments and single-family detached residences. Ramapo, like Orangetown, and the rest of Rockland County, is facing a crisis in both affordable and available housing units.
PUDs can appear anywhere in the Town of Ramapo (outside the Town’s Northeast Corridor) on lots of ten acres or more. PUDs in the Town’s Northeast Corridor require a minimum of 20 acres. Unmapped and unassigned initially; they “float” in the text of the municipal code and zoning map until a developer requests one for a specific parcel.
The Town Board works with the developer to determine land use intensity including the number, type and size of dwelling units, and retail, office or other commercial space square footage for the proposed PUD.
Ramapo approved a PUD overlay for the Millers Pond development on the former Minisceongo Golf Course property at 110 Pomona Road, just west of the New York Boulders Stadium. That process and approval was for a mixed-use development of 637 residential units with 67,000 square feet of non-residential, mixed use commercial space.
Last year, owners of 43.65 acres on the northwest corner of College Road and West Carlton Road, sought approval from the Ramapo Town Board for a proposed mixed-use development consisting of 562 residential units (of mixed types) in 19 residential buildings, and 105,600 SF of non-residential, mixed-use commercial space within two commercial buildings.
Application for a floating PUD is made to the Town Board, which has absolute discretion to accept or deny the application. The Town Board can refer the application to the Planning Board for a recommendation (which the Town Board is required to consider), but the ultimate decision remains with the Town Board.
Having the PUD floating zones in Ramapo’s code allows developers to pursue projects that meet the existing requirements of the PUD wherever there is sufficient acreage.
In Orangetown (which does not have PUDs), developers have to create and propose overlays on non-conforming parcels and convince the Town Board to create something new with each proposal. Neither of the overlay proposals in Orangetown have been approved. Both of the PUD proposals in Ramapo have been approved.
The Town of Clarkstown does not utilize Planned Unit Development floating zones. Instead, it manages mixed-use, and multi-family growth through specific overlay districts, hamlet center zonings, and targeted transit-oriented provisions.
Similarly, the Town of Stony Point does not provide Planned Unit Development zoning in its municipal code. The town relies on standard use districts, site development plan reviews, and specific overlay or floating zones—such as the River & Rail Brownfield Redevelopment floating zone—to manage multi-use or larger scale properties, though the River & Rail floating zone specifically prohibits housing in the redevelopment zone.
