Development incentives by special permit. In order to encourage development which promotes the purposes for which the WF District has been established and to achieve the design guidelines outlined in
§ 360-2.5B(2)(c)[6], the following exceptions to the bulk requirements set forth above and in the lot and bulk regulations for the WF District may be permitted by the Village Board by the issuance of a special permit approving the same. Any development incentives approved by the Village Board are applicable only to the site plan application for which they have been approved. Such site plan application and special permit application must be accompanied by an environmental assessment form (EAF) that evaluates the environmental impacts of the exceptions to the bulk regulations. Viewsheds shall be preserved per
§ 360-2.5B(2)(b)[4].
[1] Building height may be increased to no more than 52 feet under the conditions as follows:
[a] Maximum height may be increased by five feet for each five-percent reduction of maximum permitted average building width, up to a maximum of 52 feet (e.g., if average building width is 45%, maximum permitted height is 35 feet; if average building width is 40%, maximum permitted height is 40 feet); and
[b] For any front yard step back, at a height of 22 to 24 feet, the building must step back five feet and at a height of 40-42 feet the building must step back an additional five feet. Alternatively, the building may step back a total of 10 feet at a height of 40 to 42 feet.
[c] Notwithstanding the provisions of this subsection, in the case of a building exceeding 40 feet in height, the exceptions to height limitations set forth in
§ 360-4.2C(2), as amended, shall be limited to four feet except for a stairwell bulkhead.
[2] Building width may be increased to a maximum of 60% of the width of a parcel if the parcel provides two view corridors, and a maximum of 70% of the width of a parcel if the parcel provides three or more view corridors as required in
§ 360-2.5B(2)(b)[4].
[3] Floor Area Ratio (FAR) and density. FAR may be increased to no more than 1.50 if the site development plan:
[a] Provides special waterfront improvements open to the public specifically incorporating the Development Incentives set forth in
§ 360-2.5B(2)(c)[5]; and
[b] Incorporates the design guidelines for the waterfront as set forth in
§ 360-2.5B(2)(c)[6][a] through
§ 360-2.5B(2)(c)[6][c].
[c] Notwithstanding the provisions of this subsection, residential density shall not exceed 35 residential units per acre. Additionally, any density bonus sought under Village Code
§ 360-4.14: Sustainability shall be subject to the limit of 35 residential units per acre set forth in this subsection, and must meet at least three of the sustainability amenities set forth in
§ 360-4.14E.
[4] Parking located underground.
[a] Required parking spaces per unit, when provided underground, shall be:
[i] Per EU: 1.0.
[ii] Per one-bedroom: 1.50.
[iii] Per two-bedroom: 1.75.
[iv] Per three-bedroom or greater: 2.0.
[b] All resident parking in excess of one space per unit shall be unreserved and available for shared parking use.
[c] In addition to the resident parking spaces required by
§ 360-2.5B(2)(c)[4][a], a minimum of 10% additional public parking spaces shall be provided on site or within 200 feet of the site.
[5] Waterfront access. Waterfront access shall be provided per requirements in the WF design guidelines, including a pedestrian walkway, one water-dependent amenity (consisting of a kayak launch, pier, boat launch, or overlook), and a retail, restaurant, coffee shop or other food-and-beverage-related use located adjacent to the pedestrian walkway. Setback from the Hudson River shall comply with section
§ 360-2.5B(2)(b)[3] but shall specifically meet the following:
[a] Minimum fifty-foot setback of any buildings from the normal high-water line of the Hudson River.
[b] Of the 50 foot setback, 30 feet must be open to the public.
[c] Of the 30 feet open to the public, a fifteen-foot wide continuous walkway must be provided.
[d] For the above public space, the area shall be dedicated to the Village of Nyack and maintained by the Village as parkland in perpetuity. Some variation in the location and precise width of the walkway may be allowed at the discretion of the Village Board if the flexibility enhances the operation of a water-dependent use, such as a boat club, pier or boat launch.
