Zoning for Transit Oriented Development By Zachary Coleman, Planner Transit oriented development, or TOD, involves TOD within Orange County. The City of Newburgh more than just focusing development near transit introduced four form-based code zoning overlay stops. In order for a TOD to be successful, it should districts in 2015 to encourage dense, mixed- include the right mixture of housing options, offices, use development in areas prime for growth and retail spaces and other amenities in a density and scale revitalization. The Broadway Corridor, Downtown that promotes walkability and is inclusive of all ages Neighborhood, Waterfront Gateway, and Planned and incomes. Based on the rigidity of current zoning Waterfront Districts each have unique standards codes around the existing transit stops in Orange to encourage the goals defined in the purpose and County, this may be a difficult task to accomplish. intent of the City Code. There are also overarching The traditional “Euclidian” zoning that exists supplementary standards that ensure future within the majority of the municipalities across the development is cohesive and representative of the County predominantly focuses on how the land is desired neighborhood character. The potential for used more so than the scale, form and function of TOD is there, as the Newburgh-Beacon Ferry docks the buildings as they relate to each other and to the along the Hudson River in the Planned Waterfront community’s assets or infrastructure. This single-use District and provides connecting service to Metro- zoning mechanism is often too restrictive to facilitate North at . Aside from encouraging the incremental development of varying building healthy communities and economic growth, allowing types and scales that is often indicative of successful increased mixed-use development within the District pedestrian-centric environments. It is also a major through form-based codes has created the potential contributing factor to sprawl because it restricts for increased bi-directional Ferry ridership demand singular land uses to particular areas rather than encouraged by new residents and businesses from promoting a mix of uses. future TOD. So how can municipalities promote TOD Another community in the County has taken without completely overhauling their current a slightly different approach to encourage TOD. The traditional zoning? One of the best answers is a Village of Woodbury adopted a code for the creation form-based code zoning district around transit stops. of a Transit Village Zoning District around the Harriman Form-based codes are development regulations (not Train Station on Metro North’s (PJL) just design guidelines) that focus on controlling the that includes the ½ mile walking principle discussed physical form of the built environment in a manner above. The code permits a multitude of commercial that produces a well-designed place indicative of a and residential uses while listing design requirements community’s area vision. It is a commonly accepted for roadways, residential uses, nonresidential uses and TOD principle that people are willing to walk about open spaces. It provides the regulatory framework ½ mile to access transit options. Based on this that would allow a vibrant TOD to be built in a prime principle, municipalities could positively influence location. the development of successful mixed-use, walkable With Metro-North currently in the planning communities around transit hubs by creating form stages of improvements to the PJL, including a based code districts within a ½ mile radius of existing Mid-Point yard near Campbell Hall Station and the transit stops. construction of passing sidings, service on the line There are signs of progress and hope for is anticipated to drastically increase from 27 daily weekday trains to 44 and 14 daily weekend trains visions a reality. to 26 . With improved service, ridership levels and Do you have ideas of where TOD could demand are anticipated to rise, along with demand be implemented in Orange County? Send us your for amenities surrounding the stations. It would thoughts at [email protected]. seem that now could be a prime time for other For more information on form-based codes municipalities to begin thinking about the current and how your community can implement them visit zoning regulations around existing stations on the the Form-Based Codes Institute’s website at PJL, what areas may be prime for TOD, and how www.formbasedcodes.org. form-based codes might be used to help make future Example of Form Based Code City of Newburgh Benefits of TODs Besides reducing urban sprawl, what are some benefits of TOD? Take a look at what Reconnecting America lists below: • Reduced household driving and thus lowered regional congestion, air pollution and greenhouse gas emissions • Walkable communities that accommodate more healthy and active lifestyles • Increased transit ridership and fare revenue • Potential for added value created through increased and/or sustained property values where transit investments have occurred • Improved access to jobs and economic opportunity for low-income people and working families • Expanded mobility choices that reduce dependence on the automobile, reduce transportation costs and free up household income for other purposes.

Above: Picture on the left is the City of Newburgh’s Form Based Code, adopted in 2015. Newburgh was the first community in Orange County to adopt an FBC into their zoning code. Above and to the right: a list of benefits of TODs provided by Reconnecting America (ReconnectingAmerica.org). Advancing Complete Streets in Rural Areas By Jessica Ridgeway, Planner The concept of equitable access to transportation of US residents lived in rural areas, yet 56 percent of for all users and modes is the pillar of Complete all traffic fatalities occurred in these areas. With wider, Streets. It can be applied to even the furthest reaches open roads common, higher driving speeds are likely: of our rural County thanks to the recent passing of a 68 percent of fatal crashes on rural roads occurred County-wide Complete Streets Policy in 2017. Building when the posted speed limit was 55 mph or higher. Complete Streets infrastructure not only provides safer On top of these rather glum statistics, studies have and more connected network of opportunities for shown our rural communities are home to some of the County residents and visitors to be physically active, most vulnerable populations: low income families and it improves air quality, reduces traffic congestion and elderly adults – two groups that are less likely to drive promotes equal opportunity. or own a vehicle. Orange County is not alone in the pursuit of a You might be thinking, “It would never make safe and accessible transportation network, according sense to install a sidewalk or bike lane along every to a National Complete Streets Coalition report, as of County or local road!” This is a perfectly acceptable the end of 2016, more than 1,000 jurisdictions in the statement, especially given the vast diversity of land United States have passed a Complete Streets policy. use in Orange County. This is where the flexibility of New York State passed the Complete Streets Act in a Complete Street program can be realized in rural August 2011, requiring state, county and local agencies contexts – there is no “cookie cutter” complete street, to consider the Complete Streets practices when but rather a recipe, specifically crafted based on a developing transportation projects that receive state number of different ingredients. Take, for example, a and federal funding. road lined with active farms in a small town, all this However, the great majority of case studies road may require to be “complete” is wide shoulders surrounding pedestrian safety, calming traffic to accommodate large equipment/trucks, public congestion, bicycle access, and other Complete Streets transportation users, pedestirans and bicyclists. While concepts are typically conducted in large cities or a road with a 30 mph speed limit, parallel parking, otherwise booming metropolises. What about the crosswalks, and accessible sidewalks may best meet nearly 49 million Americans and approximately 83 the needs of a residential street. thousand Orange County residents who live in small Both national and state funding resources towns with rural geographies? How can we implement have, in recent years, shown increasing commitment the tried-and-true practices here in Orange County? to advancing transportation projects in rural areas. Metro-centers may have the analysis to According to a recent press release from the U.S. support traffic calming, safety, and accessibility Department of Transportation (DOT), rural projects projects, but rural areas around the country have were the recipients of over 64% of this round of The demonstrated just as high of a need and want for Transportation Investment Generating Economic complete streets. Injury or death while using the Recovery (TIGER) funding, a DOT grant program that transportation system is higher for Residents of invests in road, rail, transit and port projects that small towns than those in urban areas. According to promise to achieve national objectives. To learn more data collected by the National Highway Traffic Safety about the TIGER grant funding program, visit https:// Administration (NHTSA) in 2006, less than one-quarter www.transportation.gov/tiger/about. Have an idea for “completing” a county or local road in your area? Contact the Orange County Complete Streets Working Group at 845-615-3840. Orange County Department of Planning NYS General Municipal Law (GML) Section 239 Referral Report By Fred Budde, Senior Planner In the calendar year 2017, there were a total of 496 mandatory GML 239 referrals sent to County Planning by municipalities throughout OC. There were a total of 5,241 dwelling units, 4.3 million square feet of mixed nonresidential development and 968 hotel rooms proposed throughout OC. The map below shows the location of the referrals countywide. The year 2017 was similar to the year 2016 in that it was marked by numerous (12) solar farm submissions. In addition, a number of municipalities formulated regulations regarding short-term vacation apartment (Bed & Breakfast) rentals. New York General Municipal Law (GML) requires that certain types of municipal planning, zoning and subdivision projects be referred to County Planning for review prior to local action being taken. The requirement seeks to promote coordination of land use decision-making and to enhance consideration of potential inter- municipal and county-wide impacts.

Map of GML 239 Referral Locations for 2017 Notable referrals in the year 2017 included the following:

Crawford (T): Three solar farms of various sizes (2.8 MW, 2.0 MW, 3 MW) were proposed at various locations, Deerpark (T): New Century Film site plan for film studio, restaurant and residences (89,046 sq. ft. total) off of Neversink Dr., Deerpark (T): Deerpark Industrial Park West site plan for proposed warehouse and distribution (750,000 sq. ft.) on preexisting sand and gravel mine off of US Rte. 209, Goshen (T): VerHage Industries (Amy’s Kitchen) submitted special use permit for 70,000 sq. ft. warehouse off of Hartley Rd., Goshen (T): Goshen Hospitality submitted a site plan for 200 RM hotel, 10,000 sq. ft. restaurant and 57,200 sq. ft. office space off of NYS Rte. 17, Goshen (T): Two – 60,000 sq. ft. warehouses off of Jessup Switch Road near Village of Florida, Goshen (T): Legoland, NY FEIS, Comp Plan & Zone Change, Special Use Permit for theme park (735,000 sq. ft.), hotel (250 room) and retail space on 140 acres adjacent to NYS Rte.17 (future I-86), Greenville (T): Cypress Creek Renewables submitted a special use permit for 3 MW solar farm off of Greenville Tpke. (CR55), Highlands (T): West Point Realty Hotel expansion of 86 rooms off of US Rte. 9W, Highland Falls (V): Old Guard Hotel: New hotel on US rte. 9W consisting of 230 rooms, Kiryas Joel (V): Golden Towers; Site plan for 250 multifamily units off of CR 105, Kiryas Joel (V): MYM Management submitted a site plan for a 1,600 unit multi-family project entitled Veyoel Moshe Gardens near CR 105 and CR 64, Minisink (T): 1.75 Megawatt solar farm off of CR 22, Monroe (T): 800,000 sq. ft. school of off Goldberger Dr., Monroe (T): 62 lot residential subdivision off of Mine Rd., Montgomery (T): 2.27 Megawatt solar farm off of NYS Rte. 208 and Lake Osiris Rd, Montgomery (T): 4.9 Megawatt solar farm off of Albany Post Rd. (CR 14), Mount Hope (T): 2.8 Megawatt solar farm located on Pierson Hill Rd., Mount Hope (T): 3 Megawatt solar farm located near Mount Hope Road and Guymard Tpke., New Windsor (T): Patriot Bluff 310 unit apartment complex on NYS Rte. 32 (old Epiphany College site), Newburgh (T): US Crane and Rigging: Site Plan steel fabricating in 66,000 sq. ft. building on NYS Rte. 17K, Newburgh (T): Ridge Hudson Valley (formerly The Marketplace) 530,000 sq. ft. mall near NYS Rte. 300 and I84, Tuxedo (T): Tuxedo Farms: 180 unit rental apartments, Wallkill (T): Venda Properties: 400,000 Sq. ft. warehouse located on Goshen Tpke., Wallkill (T): Engineering Properties proposed 98 room hotel adjacent to East Main St. (CR 67) and Dunning Rd (CR 92), Wallkill (T): Deerfield Commons: Special Use Permit for a 252 unit senior citizen apartments on NYS 211 garden apartments on East Main St. (CR64), Wallkill (T): Distelburger Apartments: Sketch Plan for a 116 unit garden apartments on East Main St. (CR64), Wawayanda (T): Johnstons Subaru; Site Plan for new car dealership on Dolsontown Rd., Woodbury(V): The Gardens at Harriman Station LLC. Site plan for a transit oriented development (TOD), a mix of commercial, office, (330,000 sq.ft.) multi and single-family residential development (1,500 DU), Woodbury (V): Woodbury Pointe at Highland Mills site plan for 82 senior housing units, and Blooming Grove (T), Chester (T) Crawford (T), Goshen (T), Maybrook (V), Monroe (T), South Blooming Grove (V) and Tuxedo (T) submitted comprehensive plan and/or zoning amendments.

Visit the Planning Department’s webpage for more information on Land Use and referrals. www.orangecountygov.com/planning OC Annual Agricultural District Review Underway By Jen MacLeod, AICP, Planner The month of March marks the annual kickoff Data shows that more farms are making a profit now, of the County’s Annual Agricultural District Review, the and others are growing. Though livestock and dairy time when farmers can apply to be considered for the farms, unfortunately, continue to decline, there is a distinction. greater diversity of farms, more value-added products, The Orange County Annual Agricultural District and more farms with direct sales to consumers overall. Review is designed to help implement the New York Agricultural District Review Process State Department of Agriculture & Markets (NYS Ag During the month of March, landowners can & Markets) agricultural district law. This portion of apply to have their viable farmland enrolled into Orange the state law was designed to create an economic and County Agricultural District 1 or 2. (Please note that regulatory climate that encourages farmers to continue land cannot be removed during the Annual Agricultural farming. Being in an Orange County Agricultural District District Review Period; this can only be done during the benefits farm operations as follows: (1) by providing Eight-Year Agricultural District Enrollment Period, the protection against the enactment and administration of next of which will be in 2020.) Completed applications laws or ordinances by local governments which would are reviewed by the Orange County Agricultural & unreasonably restrict or regulate farm structures or Farmland Protection Board (AFPB) at its April meeting farming practices within an agricultural district; (2) and the AFPB conducts site visits of the properties by providing notice to assure a full evaluation of the proposed for inclusion in early April. After the site visits potential effects of a government sponsored acquisition and the April AFPB meeting, a recommendation is made or construction project on farms and farm resources to the County Legislature for each property, either to be within the agricultural district; (3) by providing included or not included. notification when an application for a special use The Orange County Legislature reviews the permit, site plan approval, use variance or subdivision AFPB’s recommendations at a public hearing and approval requires municipal review; and (4) by providing either adopts or rejects the inclusion of the properties protection from nuisance lawsuits. proposed for the County Agricultural Districts. A letter Orange County has two agricultural districts; regarding the farmland adopted for inclusion by the State Route 17 divides the two. Orange County County Legislature is then sent to the Commissioner of Agricultural District 1, east of State Route 17, consists NYS Ag & Markets for certification. Once certified, the of approximately 67,930 acres, while Orange County added properties immediately become part of either Agricultural District 2, west of State Route 17, consists Orange County Agricultural District 1 or 2. The NYS Ag of approximately 94,684 acres. As of 2015, there & Markets certification usually happens in September. were about 658 farms working 88,000 acres of land – about 17% of the County. This farmland is key in To Apply maintaining open space within the County, since this Use the application form located at: https:// farmland remains undeveloped as the farmers work the www.orangecountygov.com/DocumentCenter/ land. Furthermore, these farms provide fresh food to View/685, or contact the Orange County Planning residents in the County and in the New York Metro area. Department at (845) 615-3840 to get a copy of the Farming is a significant economic contributor in application. Completed applications should be sent to Orange County. In 2012, it contributed $100.7 million in the Orange County Planning Department: 124 Main cash receipts and over 2,200 employees in the County. Street, Goshen, NY 10924.

Large Scale Solar in Orange County, NY By Kate Schimdt, Planner Orange County is home to several large-scale typically hover around $20K per acre depending on solar energy systems – usually over 250 kW – since the location, zoning, and nearby amenities (Joseph 2016. Numerous systems were installed in 2017 and Distelburger, Owner, Keller Williams Realty, Chester, even more, significantly larger arrays are planned in NY). 2018. This article seeks to explain trends with such The County of Orange has many contiguous systems including why Orange County may host more acres of fairly flat to rolling, open, farmed or previously Public Service Commission applications for large-scale farmed land, which make this region an attractive solar installs than any other county in New York State. location for developers. Many factors are considered when a solar Ideally solar developers would prefer to be developer chooses to locate a large solar system. closer to the electricity demand population center Obviously, cost drives the decision-making process. of NYC; however, land to the south including the Con Secondary factors include grid interconnection Edison territory is significantly higher than land costs potential, the quality of solar radiation, land in Orange County. characteristics, access, and local support in the form of payments in lieu of taxes (PILOT). Regional professionals agree the total compensation to a solar developer over a 25-year contract warrants the higher investment in Orange County land over its northern and eastern neighbors. Based in part on interviews with solar developers, including Borrego and Nexamp because of their work in Orange County, there are three essential factors: electric rates, availability of necessary infrastructure and the cost to acquire land. Costs could include land acquisition or leasing, site plans and studies, administrative, engineering and attorney Photo credit: Solar Industry Magazine fees associated with local approval process, site preparation, and annual property tax implications. Solar developers aim to find the right Return on Investment combination of the above factors that will generate Orange & Rockland Electric (O&R) has the the least expensive project while maximizing their highest electric rates – outside of NYC and Long Island investment. – in NYS. New York State’s solar incentive structure has Land Availability fluctuated throughout the years. With its roots in Orange County has available, relatively residential rooftop systems, traditional solar systems affordable land in close proximity to New York City, used net metering as an economic incentive. New where electric demand is highest, providing a healthy energy reforms support community distributed potential economic return on a solar developer’s generation (CDG). This permits remote net metering investment. Average land prices fluctuate but so community subscribers can receive credits on their electric bills without having to install photovoltaic this many local codes were silent on solar, or others panels on their property. had set moratoriums on solar installations – creating Demand for CDG solar is up because some pent up demand. approximately 50% of homes are not conducive Municipalities ideally should direct and to a rooftop or ground mount solar installation. prioritize solar development on previously disturbed Community solar allows renters, apartments, condos areas, such as landfills and brownfields, as well as - anyone who pays an electric bill - to source their existing buildings and parking lots. Prime agricultural electric from solar energy. Also, there are no upfront lands (defined by mapped soil type) should be used costs to purchase this method of renewable power. as a last resort. More siting information can be Thus, O & R’s comparatively higher price per found in Scenic Hudson’s just released report entitled kWh affords the solar developer the ability to absorb Clean Energy, Green Communities: A Guide to Siting increased land acquisition/leasing costs associated Renewable Energy in the Hudson Valley. with Orange County parcels. Section 487 or the NYS Real Property Tax Law provides a 15-year real property tax exemption for Infrastructure certain solar systems, unless a municipality opts out. In order to maximize their investment and To date, only one Orange County municipality, the reduce transmission losses, it is essential that solar Town of New Windsor, has opted out. A municipality’s arrays are in close proximity to the host utility’s tax structure can often make or break the project. infrastructure, which will deliver the electricity to the Because Community Distributed Generation systems center of greatest demand: New York City. are so new, continued municipal education is needed. Besides the proximity between the utility grid Indeed, Orange County Department of Planning has and the power generation system, it is crucial to site already sponsored several workshops in an effort to these large scale solar systems near utility-upgraded guide municipalities. Continued efforts are necessary substations that are able to receive the incoming so that municipalities can be sure to protect their power load. Creating such improvements and residents while maximizing their tax revenue maintaining electric transmission and distribution potential. systems is costly and burdensome to the utility. New York State’s Public Service Commission is studying Let’s Do the Numbers how to advance the current grid to incorporate 21st According to the New York State Energy century technology. Research and Development Authority (NYSERDA), It has been reported that O&R has a strong Orange County has 20 (total of 15.2 MW) completed distribution system and maintains good working commercial/industrial projects with 39 projects relationships with solar developers. (105.6 MW) in the pipeline (see attached map and inventory). Expected annual production for Reforming the Energy Vision (REV) completed projects is 17.3 GWh with 124GWh New York State’s Public Service Commission anticipated from pipeline projects. https://www. (PSC) recently released new policies as part of a nyserda.ny.gov/All-Programs/Programs/NY-Sun/Data- multi-year study called Reforming the Energy Vision and-Trends) (REV). As such, a long-idled queue of significantly REV obligates retail electricity suppliers to sized, potential solar projects finally received initial purchase increasing amounts of renewable energy approvals to explore project feasibility. Hence to supply their customers. REV also requires contractors are moving quickly to work with host NYSERDA to support the development of new large- municipalities in an effort to get full land use scale renewable energy projects to satisfy the retail approvals in a timely manner. electricity supplier obligation by issuing periodic solicitations to enter into long-term contracts with Zoning and Taxes generators and developers of renewable energy Local zoning will also play a factor in a projects. developer’s siting considerations, and many The expected annual production of projects municipalities here have recently updated their local installed in 2015 is 3.6 GWh and 3.5 GWh in 2016. regulations to address solar installations. Prior to This almost doubles in 2017 after the official anticipated in 2018; however regional installers process of constructing a 5.3 MW system in Minisink, predict a cooling off period due to decreasing remote a 5.6 MW system in Mount Hope, and a 2.8 system metering tariffs. in Crawford. Although several other projects are Moving forward New York State has making their way through the municipal approval recently adopted VDER (Value Distributed Energy process, Borrego expects construction to weaken Resources) as a way to calculate the value of solar in 2019 due to decreasing remote metering tariffs energy. The Value Stack is a methodology that bases and less readily accessible infrastructure. Sites with compensation on the actual, calculable benefits that access to the most efficient infrastructure were distributed energy systems create. This value will prioritized and developed, thus new projects are differ based on location and demand. While VDER challenged to site systems on appropriate parcels incentives are less, a higher value will depend on providing affordable access. The most accessible the utility territory, electric demand, and cost of real sites to O & R substation infrastructure have been estate. developed leaving future projects saddled with NYSERDA awarded 26 new large-scale interconnecting challenges and subsequently higher renewable energy projects through the 2017 costs. Lastly, solar zoning amendments and property Renewable Energy Standard Solicitation round. tax modifications have resulted in less favorable Orange County is host to only one: Little Pond Solar conditions. (20 MW) in Deer Park. (NYSERDA fact sheet: Large- We can continue to expect the dynamics Scale Renewables – 2017 Renewable Energy Standard of the solar market to change faster and in more Solicitation. February 2018) complex ways than in the past, because of the While this office did not survey all solar different approaches, emerging technologies and developers, it is known that Borrego Solar is in the national policy changes.

Photo credit: Business Wire

For more information, please contact Orange County Planning at 845 615-3840 or [email protected]. This report and other background can be viewed at www.orangecountygov.com/planning Census 2020: Planning Counts By Megan Tennermann, AICP, Planner

Census Day is coming! The next Decennial need to be accounted for, such as people living in Census will be held on April 1, 2020, and while that group quarters like nursing homes, college dorms or may seem like a long way off, the full preparations for military barracks; people who are homeless; or people this Census began early last year around the country. in temporary situations like hospital stays. All these situations and facilities need to be incorporated into Why Do We Have the Census? the outreach plan and counted on Census Day. Article 1, Section 2 of the United State Constitution requires that an enumeration (or What Can Municipalities Do to Make Sure Our count) of the population be made every ten years, People Are Counted? in order to ensure fair representation in the House Orange County as a whole had a 68% response of Representatives. Over time, the Census became rate to the Census in 2010. This low response housed in the Department of Commerce, which rate (lower than the state and national averages) expanded the Census program to include information likely means that the County was undercounted, about the homes people lived in, the jobs they did, and therefore did not receive its fair share of and how they got around, among other topics. transportation, housing, and other federal and state This information is used at all levels of government funds. To make sure the count reflects as many people to allocate funding, as well as providing citizens, as possible, we ask municipalities to talk to their especially companies, with data to use for starting residents and businesses, starting now, about the and/or relocating businesses. importance of filling out the form and mailing it back. Fun Facts If anyone has any questions about the Census, please feel free to contact Megan Tennermann at 21,160 veterans live in Orange County [email protected]. Our population is10.8% foreign-born Orange County Trends Compared to the US and NYS, We are... Why Are You Preparing Now? Young - our median age of 37.2 is lower than Counting every single person in the United both the national median age of 37.9 and States is an enormous operation, so preparation for the state median age of 38.4 the next Census typically begins at the end of the last Less Racially Diverse - more of our population Census. “Census Tests” are held in cities around the is white, not Hispanic of Latino; the County is country in order to test new survey techniques and becoming more diverse over time. outreach methods. Residential building permit data is collected on an annual basis to get a rough estimate of More Employed - our unemployment rate the number of households in each level of government is 7.3% compared to 8.2% in NYS and 8.3% (municipal, county, state, even down to the nationally. neighborhood level). Housing unit addresses need to Wealthier - our median household income be verified, because Census forms go to housing units, is 19.5% higher than that of NYS and 31.4% not individual people. People living in other situations higher than the national median.