Local Law No. 2 of 2024 A LOCAL LAW AMENDING CHAPTER 376 OF THE TOWN RAMAPO TOWN CODE TO CREATE THE MILLERS POND PLANNED UNIT DEVELOPMENT (MP-PUD) AND AMEND THE TOWN OF RAMAPO ZONING MAP TO LOCATE THE MP-PUD

PLEASE TAKE NOTICE that the Town Board of the Town of Ramapo adopted the following local law at a regular meeting held on the 13^th day of March, 2024 at the Ramapo Town Hall, 237 Route 59, Suffern, New York:

Town of Ramapo, Rockland County, NY

Local Law No. 2 of 2024

A LOCAL LAW AMENDING CHAPTER 376 OF THE TOWN RAMAPO TOWN CODE TO CREATE THE MILLERS POND PLANNED UNIT DEVELOPMENT (MP-PUD) AND AMEND THE TOWN OF RAMAPO ZONING MAP TO LOCATE THE MP-PUD

Be it enacted by the Town Board of the Town of Ramapo, Rockland County, New York, as follows:

SECTION 1: TITLE

This LOCAL LAW shall be known and cited as Local Law No. 2 of 2024, and entitled “A Local Law Amending Chapter 376 of the Town of Ramapo Town Code to Create the Millers Pond Planned Unit Development (MP-PUD) and Amend the Town of Ramapo Zoning Map to Locate the MP-PUD.”

SECTION 2: PURPOSE AND INTENT

By Local Law 5 of 2022, the Town Board of the Town of Ramapo (“Town Board’”) established Planned Unit Development District and development zoning (“PUDD”) regulations, which are set forth in Section 376-24 of the Town of Ramapo Zoning Code (also referred to as the Flexible Overlay Planned Development District “FOPUD” regulations).

By petition, Mount Ivy LLC and Lindifrim (Pomona) LP, the owners of certain parcels land comprising approximately 143.6 acres of land known as the former Minisceongo Golf Course, now propose to establish a new Millers Pond Planned Unit Development (“MP-PUD”) district to permit the development of a multi-phased mixed-use residential and commercial development. The PUDD regulations establish a mechanism for applicants to petition the Town Board for the creation of a planned unit development zoning district to facilitate new residential, commercial, and mixed uses in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of Chapter 376 of the Town of Ramapo Town Code. The PUDD regulations require that any new planned unit development adopted by the Town Board only be located on a minimum of 20 acres of contiguous land in an identified “Opportunity Area” within the Northeast Ramapo Development Plan (“NRDP”).

The Town Board, as lead agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”) prepared a Generic Environmental Impact Statement (“GEIS”) evaluating the NRDP. The NRDP is set within the framework of the GEIS and the related Findings Statement, collectively hereinafter NRDP GEIS. The NRDP GEIS sets forth future steps to achieve the vision for Northeast Ramapo. The NRDP complements, strengthens, modernizes, and supports the 2004 Comprehensive Plan, as amended, while delving deeply into the Northeast area. While the goals of the 2004 Comprehensive Plan are still relevant Town-wide, more contemporary and area-specific strategies are outlined for Northeast Ramapo to assist in achieving the desired vision and goals. The NRDP GEIS is an amendment of the 2004 Town-wide Comprehensive Plan.

Importantly, the NRDP GEIS identified and studied several “Opportunity Areas” that are primarily the last remaining, underutilized, and largely vacant areas in Northeast Ramapo. NRDP GEIS sets forth that planned unit developments, enacted pursuant to the Section 24 of the Zoning Code, should be utilized in these Opportunity Areas to allow for greater flexibility to support future growth needs while still respecting the community character of Northeast Ramapo.

As noted within the NRDP GEIS, the site formerly known as the Minisceongo Golf Course, has been identified in the NRDP GEIS as “Opportunity Area D”, which is inclusive of tax lots 33.13-2-6, 33.09-2-31 and 33.09-2-37 (the “Property”) owned by Mount Ivy LLC and Lindifrim (Pomona) LP since prior to March 1, 2021. The Property, with a street address of 110-118 Pomona Road, Pomona, New York, is bounded on the south by County Route 86 (Pomona Road), to the east by Station Rd, on the west by South Camp Hill Rd and to the north by Samuel G. Fisher Mount Ivy Environmental Park. The Property is approximately 143.6 acres and currently zoned within the RR-80 zoning district. The Town Board finds that rezoning the Property to the MP-PUD and the resulting development is consistent with the NRDP GEIS and the Town’s Zoning Code and will meet the current development needs of the Town.

It is the intent of these provisions to establish the MP-PUD to provide flexible use and design regulations to facilitate the development of an integrated mixed use community. The Town of Ramapo Comprehensive Plan, including the NRDP, recognizes the importance of safe, affordable and accessible facilities and residences for the Town’s population. Section 24 of the Zoning Code specifically encourages development that incorporates multi-family residential units, townhomes, apartments, related commercial facilities and recreational amenities, including but not limited to playgrounds, parks, trails, open-space and a community clubhouse.

Section 24 recognizes that, while the standard zoning functions are appropriate for the regulation of traditional neighborhoods and land uses, the proposed MP-PUD provides comprehensive planning for an integrated neighborhood providing community amenities within walking distance of its residential units.

To carry out the intent of Section 24 the development shall achieve the following objectives:

Provide a varied choice in the types of environment, residential units, recreational facilities, and open space available within walking distance.
Reduce reliance on personal vehicle trips for meeting residents’ basic needs.
Enhance quality of life for the residents of the MP-PUD.
Increase opportunities for social interaction within the community.
Create a development pattern in harmony with the objectives of the Comprehensive Plan.
Create a more desirable environment for the residents of the proposed MP-PUD than would be possible through a strict application of the other Articles of this Chapter.

In any instance where specific permitted uses, area or height standards, development guidelines and/or review procedures specifically set forth in this MP-PUD, as the same are specifically applicable to the District, conflict with other requirements of the Town of Ramapo Zoning Code or Subdivision Regulations, the particular provisions set forth herein shall take precedence.

SECTION 3: AUTHORITY

This Local Law is enacted pursuant to the authority granted to the Town of Ramapo by the New York Municipal Home Rule Law and New York Town Law §§261-c and 280-a (4). Further, this Local Law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents.

SECTION 4: AMENDMENTS TO CHAPTER 376, ARTICLE II, SECTION 20 OF THE TOWN OF RAMAPO TOWN CODE

Chapter 376, Article II, Section 20 of the Town of Ramapo Town Code, is hereby amended to add the following zoning district:

Symbol Title/Description

MP-PUD Millers Pond Planned Unit Development

SECTION 5: AMENDMENTS TO CHAPTER 376, ARTICLE II OF THE TOWN OF RAMAPO TOWN CODE

Chapter 376, Article II of the Town of Ramapo Town Code, is hereby amended to add the following Section 25:

§ 376-25 Millers Pond Planned Development District (MP-PUD)

Purpose: The Millers Pond Planned Unit Development (MP-PUD) district will permit the development of a multi-phased mixed-use residential and commercial development. The MP-PUD is consistent with Article II, Section 24 of this Chapter in that it will facilitate new residential, commercial, and mixed uses in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of Chapter 376 of the Town of Ramapo Town Code.

The MP-PUD Parcel: The MP-PUD Parcel shall include the approximately 143.6 acre parcel identified as tax lots 33.13-2-6, 33.09-2-31 and 33.09-2-37 with street address of 110-118 Pomona Road, Pomona, New York. A metes and bounds description of the MP-PUD Parcel have been annexed hereto as Exhibit A and included in this local law.

Preliminary MP-PUD Plan Approval: In accordance with Article II, Section 24 of this Chapter, the Town Board approves and adopts Preliminary PUD For Millers Pond, prepared by Kimely Horn and dated January 5, 2024 (referred to as the “Preliminary MP-PUD Plan”). The Preliminary MP-PUD Plan shall govern all development within the MP-PUD Parcel. In the event of conflict between the approved Preliminary MP-PUD Plan and the text in this local law, the text of this local law shall control. The Preliminary MP-PUD Plan shall be filed with the Town Clerk’s Office and is incorporated into this local law as Exhibit B.

Phased Development and Subdivisions: Proposed development within the MP-PUD may be approved in phases and/or subdivided, to the extent required, in accordance with the requirements of Article II, Section 24 of this Chapter, and in accordance with New York Law, and as referenced in the adopted Preliminary MP-PUD Plan. The Preliminary MP-PUD Plan contemplates the phases below, which are subject to change and ultimate review and approval by the Planning Board:

(1) Phase 1, Buildings 1-28, 65, 67 and 69; and Village Green Park A;

(2) Phase 2, Buildings 29-73 except 34-42 and 63; and Park B;

(3) Phase 3, Buildings 74-95; and Park E and Park G (Cemetery);

(4) Phase 4, Buildings 106-118; and Park F;

(5) Phase 5a, Buildings 34-42; and Park C;

(6) Phase 5B, Buildings 97-105 and 63; and Park D; and

(7) Phase 6, Future Development.

Effect of Subdivisions: The approved Preliminary MP-PUD Plan shall govern building layout, road layout, density and area and bulk requirements applicable to the entire MP-PUD Parcel, as a whole. To the extent that subdivisions or lot mergers are required within the MP-PUD Parcel to facilitate any condominium or homeowner association (“HOA”) ownership, they shall be approved by the Planning Board pursuant to Zoning Code § 376-24(B)(5) and Article 9-B of New York Real Property Law. Any subdivided parcel to create separate condominium lots or homeowner association lots within the MP-PUD Parcel shall not be subject to any additional area or bulk regulations within the MP-PUD district, except as set forth on approved the MP-PUD Plan. To the extent that development within the MP-PUD Parcel is compliant with the MP-PUD Plan, any applicable internal subdivisions shall be deemed compliant for purposes of zoning and do not require any amendments or variances to the approved Preliminary MP-PUD Plan. To the extent that these MP-PUD regulations conflict with the Town's subdivision regulations, the MP-PUD regulations and this section shall control.

Millers Pond Planned Development District Regulations: The applicable permitted uses, density, area and bulk, and other development requirements of the MP-PUD district are set forth herein and in the approved Preliminary MP-PUD Plan and shall govern all development within the MP-PUD Parcel. In the event of conflict between the approved Preliminary MP-PUD Plan and the text in this section, this text shall control.

Permitted Uses:

i. Animal Hospital or Veterinary Clinic;

ii. Clubhouse;

iii. Commercial Recreation;

iv. Community Recreational Facility;

v. Day-Care Center;

vi. Home Occupation;

vii. House of Worship, Community, Neighborhood or Local;

viii. Hotel;

ix. Mikvah, including Community Mikvah and Neighborhood Mikvah;

x. Outdoor Recreational Facilities;

xi. Commercial uses, including:

Local Convenience Commercial; and
Office, Professional and business.

xii. Residences, including but not limited:

Multifamily dwellings with apartments, garden apartments, condominiums and/or townhouses.
Townhouses;
Residence, one-family semi-attached;
Residence, two-family semi-attached;
Residence, two-family detached;
Residence, three-family detached; and
Residence, three-family semi-attached.

xiii. Restaurant;

xiv. Any use that the Planning Board deems to be consistent with or accessory to the above during Final PUD approval.

The location of non-residential and residential uses shall be consistent with the Preliminary MP-PUD Plan and approved by the Planning Board during Final MP-PUD Approval.

Area and Bulk Regulations. The Final MP-PUD Plan, as approved by the Planning Board, shall be in accordance with the below.

i. MP-PUD Lot Area: Minimum 20 acres of contiguous land under control by a single entity pursuant common ownership pursuant to Article II, Section 24 of this Chapter.

ii. Development Coverage: The permitted development coverage (impervious surface) within the MP-PUD shall be a maximum of 40% of the gross lot area of the MP-PUD.

iii. Density: The below density requirements for the MP-PUD shall be applicable to the overall development on the MP-PUD property (inclusive of environmentally sensitive areas) and not applicable to a single phase of development. In reviewing each phase during the final PUD review, the Planning Board shall ensure that overall density limitations herein are met.

Maximum Residential Density: 5 dwelling units per one (1) acre of gross lot area of the MP-PUD district less lot area devoted to non-residential uses (e.g. Village Center area). Residential density within the MP-PUD shall not exceed 637 residential housing units (including 102 apartments).

Maximum Non-Residential Floor Area Ratio: 0.3 (based on the gross lot area, in the Village Center area of the MP-PUD district). Non-residential density within the MP-PUD shall not exceed 67,000 square feet floor area.

iv. Building Height:

The building height of any mixed use or non-residential building shall not exceed 55 feet from the average elevation of the proposed finished grade along the wall of a building or side of a structure to the highest point of a flat roof or the average height between eave and ridge for a gable, hip and gambrel roof.

The building height of any residential building shall not exceed 45 feet from the average elevation of the proposed finished grade along the wall of a building or side of a structure to the highest point of a flat roof or the average height between eave and ridge for a gable, hip and gambrel roof.

v. Parking: In reviewing each phase during the final PUD review, the Planning Board shall confirm whether and assure that adequate parking for all proposed uses within the MP-PUD is provided which shall be shown on the Final MP-PUD Plan. Parking shall take into consideration the intended goal of facilitating a walkable community with less reliance on the use of vehicles by applying a 20% credit to utilized base parking rates which are specified below. Available on-street parking shall be considered for compliance with the off-street parking requirements within the MP-PUD district at the discretion of the Planning Board. Notwithstanding other parking requirements in the Town Code, the following parking requirements shall be applicable for the MP-PUD district:

Residential not in Mixed Use Buildings (per unit):
1. Townhouses: 2 spaces.
2. Residence, one-family semi-attached: 2 spaces.
3. Residence, two-family semi-attached: 2 spaces.
4. Residence, two-family detached: 2 spaces.
5. Residence, three-family detached: 2 spaces.
6. Residence, three-family semi-attached: 2 spaces.

Multifamily Residential Parking in Mixed-Use Buildings: 1 per dwelling unit plus 1 space for every 10 units for visitor parking (spaces may be located within 300 feet of multifamily building).

Hotel: 1 space per unit + 1 space per 4 employees at max shift.

Community Center/Amenity Space: 1 space per 750 square feet.

Commercial: 1 space per 200 square feet.

Combined/Shared Uses: When a commercial or mixed-use building or area contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. The Planning Board may reduce the total required number of parking spaces upon demonstration by the applicant that the reduced number exceeds the design hour requirement and that such reduction would not induce parking on public ways or result in hazardous conditions for vehicles and pedestrians within or proximate to the site. This reduction by the Planning Board may not exceed 33% of the normally required off-street parking amount.

Electric Vehicle Parking and Charging: A minimum of 1 Electric Vehicle (EV) charging station per 20 parking spaces will be installed in common commercial parking areas. Electric Vehicle charging station parking spaces shall count toward the total number of parking spaces required. EV ready electrical service shall be provided to private garages for tenant/owner optionality.

Overflow Parking: The Planning Board, in conjunction with site development plan approval and Final MP-PUD approval, may permit a reduction in the number of developed parking spaces where adequate accessible reserve areas are available and designated on the plan as areas for overflow parking.

Size of Spaces: Minimum parking stall width shall be nine (9) feet, except that curbside spaces shall be eight (8) feet.

vi. Setbacks:

All buildings (exclusive of porches, decks, patios, chimneys and similar appurtenances) shall be setback a minimum of 70 feet from the MP-PUD zoning district boundary.

All detached buildings shall be a minimum of 20 feet apart.

Any accessory structure shall be no closer than 20 feet to any building and 70 feet to any MP-PUD zoning district boundary, including but not limited to:

Basketball court;
Tennis and other court sports;
Clubhouse;
Community space;
Garage;
Gym or fitness space;
Parking Area;
Parking Lot;
Swimming pool;
Pool deck;
Pool house;
Property Management and Sales Office; and/or
Storage or maintenance shed.

Roadways and Sidewalks:

i. Site access shall be from County Route 86, Station Road, and South Camp Hill Road.

ii. Three different streets types are proposed within the MP-PUD: Main Street, Local Street and Laneway.

iii. Main Street – Main streets shall have a minimum paved travelway of at least 26 feet, to facilitate two-way vehicular traffic, on-street parallel parking (9-foot width) and sidewalks (5-foot width) within an up to 56-foot wide street corridor as identified on the Preliminary MP-PUD Plan. Road widths may be superseded by any governing requirements of the Fire Code of New York State.

iv. Local Street – Local streets are intended to be secondary routes, primarily to access the residential neighborhoods. Residential driveways will connect directly to the Local Streets. Local streets shall have a minimum paved travelway of 22 feet to facilitate two-way vehicular traffic, as well as on-street parking (on one or both sides) and 5-foot sidewalk (on one or both sides) within an up to 52-foot wide street corridor as identified on the Preliminary MP-PUD Plan. Road widths may be superseded by any governing requirements of the Fire Code of New York State.

v. Laneways - internal drive aisles identified as Laneways are intended to be minor access routes for vehicular access to residential units. Residential driveways and garages shall connect directly to the Laneways. Laneways shall have a 23-foot wide easement, which will allow for two-way vehicular traffic on a 15-foot asphalt carriageway, with another 1.5 feet of concrete/lock stone on either side, for a total of 20-foot stabilized, paved width. No on-street parking, sidewalks or street trees shall be permitted on Laneways. Road widths may be superseded by any governing requirements of the Fire Code of New York State.

vi. Road Design Standards (Main Street and Local Street):

Maximum Road Grade at Centerline or Edge of Curb: 10%
Minimum Road Grade at Centerline or Edge of Curb: 0.5%
Maximum Road Grade within 100 feet of Centerline Intersections: 3% (unless technically infeasible and concurrence obtained from the Town’s consulting engineer on being technically infeasible).
Minimum Cross-Slope Road Grade: 1 %
Minimum Horizontal Centerline Curve Radius: 25 feet
Min. Distance between Reverse Horizontal Curves: 50 feet
Min. Distance between Centerline Intersections: 100 feet

vii. Drainage, conveyance, collection and discharge systems for stormwater shall be installed along roadways and parking lots. Stormwater systems shall be designed and constructed in accordance with the applicable Town and New York State Department of Conservation (NYSDEC) stormwater management standards.

viii. Roadways, sidewalks and pedestrian recreational paths shall be privately owned and maintained by the applicable homeowner’s or condominium association.

ix. Sidewalks shall be a minimum width of five (5) feet.

x. Sidewalks are permitted to be located in the required front yard/front setback.

xi. Snow removal on roadways, parking areas and sidewalks shall be the responsibility of the applicable homeowner’s or condominium association.

Recreation: Onsite recreation and open space shall be provided for residents of the development as set forth on the approved Preliminary MP-PUD Plan. Notwithstanding, in the event of conflict between the approved Preliminary MP-PUD Plan and the text in this section, the text of this section shall control.

i. Onsite recreation and open space shall be privately owned and maintained by the applicable homeowner’s association.

ii. All onsite recreation areas shall be well-defined with appropriate signage and include fencing and/or landscaping.

iii. A minimum of 30% of the MP-PUD district gross site area shall be open space, which shall specifically include natural greenspace areas, wetland areas, outdoor recreational areas, trails, ponds, parks, playgrounds, pools, plazas, previously existing cemetery and/or courtyards.

iv. The MP-PUD shall include internal recreational trail system connecting to the existing trail system, to the extent practicable.

v. Recreation areas open to the public shall be clearly identified with appropriate signage.

Stormwater Management: All stormwater facilities and controls shall be in accordance with all applicable local, State and federal regulations. All stormwater management facilities shall be privately owned and maintained by the applicable homeowner’s association. The Project Sponsor will enter into a Stormwater Maintenance and Access Agreement with the Town and will provide an appropriate access easement over all stormwater management facilities benefiting the Town of Ramapo. A copy of the Operation and Maintenance Manual shall be made part of the Stormwater Maintenance and Access Agreement and filed with the Town. Annual inspection and maintenance reports shall be submitted to the Town Stormwater Management Officer.

Refuse and Recycling:

i. All residential uses shall be provided with adequate areas for refuse and recycling.

ii. All commercial uses within the Village Center area of the MP-PUD shall be provided refuse collection areas. All collection areas shall be properly designed to accommodate the refuse and recycling materials produced by the anticipated uses, provide convenient access, avoid conflict with other uses on the site, and be appropriately screened within an enclosed structure.

Utilities:

i. All buildings shall be served by municipal water service, all municipal service lines shall be dedicated to the appropriate agency and an easement provided for maintenance, service and repair.

ii. All buildings shall be served by municipal sewer service, all municipal sewer lines shall be dedicated to the appropriate agency and an easement provided for maintenance, service and repair.

iii. All electrical utility and natural gas service lines shall be dedicated to the Orange & Rockland utility company. An easement shall be granted to the utility company for maintenance of the service, a copy of the easement will be filed with the County Clerk.

iv. All utilities shall be buried underground.

v. Residential units shall be metered separately for utility services: water, sewer, gas and electric.

vi. Commercial buildings will be metered separately.

vii. The MP-PUD private owner, condominium association or homeowners association shall be responsible for utilities serving common areas.

Landscaping:

i. All proposed landscaping shall be comprised of native species to the extent practical.

ii. Landscaping as approved by the Planning Board during Final MP-PUD Plan approval pursuant to Zoning Code § 376-24 shall be maintained for the life of the MP-PUD by the homeowners association or condominium association.

iii. A tree-lined buffer shall be either maintained (where it currently exists in wooded areas) or newly planted along the property line between the MP-PUD and all adjacent public roadways. This buffer shall be comprised of a mix of deciduous and evergreen plantings.

iv. Street trees shall be a planted as reviewed and approved by the Planning Board on the Landscape Plan during Final MP-PUD approval.

v. Shrubs, plants and groundcover shall be planted and maintained at the MP-PUD entrances at public roads, entrances to commercial buildings and in the front yard areas of all residential buildings as reflected in the Final MP-PUD Landscape Plan.

Lighting:

i. All lighting shall be reviewed and approved by the Planning Board during Final MP-PUD Plan approval pursuant to Zoning Code § 376-24.

ii. Lighting shall be provided throughout the MP-PUD for the safety of visitors and residents but shall not be directed at or spillover onto adjacent streets or properties.

iii. Lighting shall be installed on all internal, privately owned parks, parking lots, roadways and sidewalks as reviewed and approved by the Planning Board on the Lighting Plan during Final MP-PUD approval.

iv. Lighting shall be installed on commercial structures adjacent to the entrances as reviewed and approved by the Planning Board on the Lighting Plan during Final MP-PUD approval.

Signage:

i. Traffic signage and roadway markings shall be installed on all interior, private roadways and must comply with MUTCD standards.

ii. All signage shall comply with requirements set by the Planning Board during Final MP-PUD Plan review by the Planning Board in accordance with Zoning Code § 376-24. To the extent there is any conflict between approved signage in the Final MP-PUD and the Town’s Zoning Code, the Final MP-PUD Plan shall govern.

iii. Wayfinding signage shall be installed at intersections, private parks, trail systems and at entrances to commercial buildings.

Maintenance:

i. Outdoor storage shall be prohibited on the premises after final construction is completed for all buildings.

ii. Roadways, sidewalks, parks, ponds, recreation areas, and common areas are the maintenance responsibility of the applicable homeowners association. Conditions shall meet the NYS Property Maintenance Code and the Town of Ramapo Maintenance Code.

iii. A stormwater facility maintenance agreement shall be entered into between the Town and the Project Sponsor prior to the construction of said facilities, in a form acceptable to the Town, ensuring the continued maintenance and operation of the stormwater facilities and related infrastructure.

Additional Development Standards:

i. Development shall include a safe and convenient system of driveways, service access roads and walkways, which shall be ADA compliant and adequately lit in a manner that directs lighting away from adjacent streets or properties.

ii. All buildings and structures shall comply with the applicable New York State Building Code and/or New York State Fire Code as determined by the relevant Town agency.

iii. Commercial buildings shall be fully alarmed, with connections to a central alarm system, sprinklered and an access key shall be kept on-site in a “knox box” for fire response.

Open Development Area: The Town Board hereby declares that the MP-PUD District will also be an Open Development Area in accordance with New York Town Law § 280-a allowing for building permits to be granted for structures that do not have frontage on a Town, County or State roadway so long as such structures are shown on the approved final MP-PUD plan/site development plan. The MP-PUD District contemplates that there will be numerous structures that comprise the facilities on common parcels of land to be controlled by the homeowners or condominium associations.

Final Plan/PUD Site Development Plan Approval: Review of any Final Plan/PUD Site Development Plan for the MP-PUD development shall be in accordance with provisions of Section 376-24 (B)(4) of the Town Zoning Code.

Homeowners Association:

Development of the MP-PUD shall provide for and establish a master homeowners association for the maintenance, preservation and ownership of the common areas, including private streets, driveways, service and parking areas, parks, trails and recreational areas. Separate individual condominiums will be created to exist within and be subjected to the master homeowners association.

The applicant shall set forth the terms and requirements of ownership and maintenance of the common areas in a Declaration of Covenants and Restrictions and By-Laws to be recorded in the County Clerk’s Office. In addition, the individual condominium offering plans for each separate condominium located within the MP-PUD, which condominiums will be subject to the governing documents of the master homeowners association, will contain the terms and requirements of ownership and maintenance of the common elements of each individual condominium and the common areas of the master homeowners association. The offering plans for each separate condominium regime shall be submitted to the Town when the same are submitted for review and acceptance for filing to the New York State Office of the Attorney General (“AG”). Final copies of the offering plans, once accepted for filing by the AG, will also be provided to the Town.

SECTION 6:AMENDMENTS TO ZONING MAP

The official Zoning Map of the Town of Ramapo, duly established by Chapter 376, Article II, Section 21 of the Town of Ramapo Town Code, is hereby amended to establish on the Zoning Map the Millers Pond Planned Development District on the property identified in Exhibit C of this local law entitled, “NYSDEC Wetlands Wetland Delineation Map”, prepared by Atzl, Nasher & Zigler, P.C., dated January 29, 2016 and last revised September 4, 2018, which is a survey of the MP-PUD Parcel and referred to herein and labeled as the “MP-PUD Zoning District” and reflects the metes and bounds description for the MP-PUD Parcel, annexed hereto as Exhibit A and incorporated into this local law.

SECTION 7: SEVERABILITY

If any word, clause, sentence, paragraph, section or part of this local law or the application thereof shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder of this local law or the application thereof and shall be limited to the part directly involved in the controversy and adjudged invalid. The Town Board hereby declares that it would have enacted this local law or the remainder thereof if the invalidity of such provision or application had been apparent.

SECTION 8: EFFECTIVE DATE

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with the New York State Municipal Home Rule Law.

Dated: Suffern, New York,

March 19, 2024

SHARON OSHEROVITZ

Town Clerk