11/12/25
## **Village of Red Hook Introductory Local Law No. ‘ BA ’ of 20252026**
A Local Law to enact certain amendments to Chapter 200, Zoning, of the Code of the Village of Red Hook, to create a new zoning district entitled “ Gateway North ” and to establish Workforce Housing provisions applicable to new development in the Village of Red Hook.
## **SECTION I. TITLE.**
This local law shall be known as “ A Local Law Enacting Certain Amendments to Chapter 200, Zoning, of the Code of the Village of Red Hook to establish a new mixed use zoning district entitled “ ” Gateway North .
## **SECTION II. AUTHORITY.**
This Local Law is enacted pursuant to the authority of Municipal Home Rule Law § 10.
## **SECTION III. PURPOSE AND FINDINGS.**
It is a goal of the Village of Red Hook to implement the recommendations of the Red Hook Intermunicipal Task Force to permit the northerly expansion of the Village consistent with traditional neighborhood design (TND), the adopted Pattern Book and Architectural Guidelines that incorporated the TND concept, and the 2024 North Broadway Corridor Land Use and Zoning Study, to establish a new zoning district that permits a mix of commercial and residential uses. This Local Law allows for the implementation of the goals and objectives of the foregoing reports and studies.
## **SECTION IV. REVISIONS TO CHAPTER 200.**
Chapter 200, Zoning, of the Code of the Village of Red Hook, is hereby amended as follows:
## **1. Add a new Section 200-13, Gateway North (GN),** as follows:
## **200-13. Gateway North GN** .
The Gateway North District encompasses the northern gateway and entry into the Village along North Broadway (US Route 9) and represents a transitional area between the rural lands along the northerly boundary of the Village, and its historic downtown centered at the intersection of West/East Market Street and North/South Broadway to the south. The mix of uses, setbacks, and maximum building sizes are intended to effectuate the traditional neighborhood design contemplated for this gateway while also acknowledging that the existing built environment requires adjustments to that pattern.
The Gateway North District seeks to allow planned residential development at the north end of the District, and mixed use residential and/or commercial infill development at the south end of the District. The District intends that buildings fronting North Broadway will continue to have commercial uses on the ground floor, and that residential uses would be allowed in the upper stories of buildings along the street ’ s immediate frontage and that multifamily buildings would also be allowed behind the buildings that immediately front to North Broadway to encourage infill development. It is the intent of the District to connect the District via an interconnected street and sidewalk/trail system. The Village contemplates a parallel road, which would travel northsouth and to the east of North Broadway to connect the spaces and create a new access road.
1
11/12/25
All development within the District shall be pedestrian friendly, with sidewalks and, where practicable, street facades consistent with the scale and appearance of the nearby Village streets and structures in the General Business District. Mixed uses may occur on adjacent lots or within a single lot or building such as residential use of the upper floor with commercial use on the first floor. Development in the GN District shall be guided by the findings set forth in the 2024 North Broadway Corridor Land Use and Zoning Study.
- A. Site plan approval. All uses permitted in this district shall be subject to site plan approval as provided by § 200-16. Subdivision approval may also be required in accordance with Sections 7-728, 7-730, and 7-732 of the New York State Village Law.
- B. Permitted principal uses, buildings and other structures shall be as follows:
- (1) Artisan shops
- (2) Auctioneer.
- (3) Bakery.
- (3) Bars and taverns.
- (4) Brewery, distillery, or winery.
- (5) Clubs, health and fitness, membership:
- (6) Day-care facility.
- (7) Delicatessen.
- (8) Dwellings, one-family, two-family and multifamily, legally in existence as of March 1, 2025, and which have not been thereafter converted to another permitted use. Such dwellings may be altered, improved and modified in accordance with the R10,000 bulk regulations.
- (9) Drycleaner not involving processing on premises.
- (10)Financial establishments, such as banks, security and commodity brokers, dealers and service, without drive through window.
- (11) Fast-food without drive-through window.
- (12)General retail use, including boutique retail, antiques, furniture and equipment stores except formula businesses are prohibited.
- (13) Health and fitness club, studios for training in art, music and dance.
- (14) Laboratories, including dental, medical research, scientific research and engineering.
- (15) Museums.
- (16) Neighborhood grocery and green grocer.
- (17) Offices, including business, professional, and medical.
- (18) Pharmacy.
- (19) Personal service business including pet groomers.
- (20) Restaurants, not including drive-through windows nor formula businesses.
- (21) Studio.
- (22)Temporary use for a period not to exceed four months (outdoor exhibits).
- (23)Training, education and institutional facilities.
- C. Permitted accessory uses, buildings and other structures shall be as follows:
- (1) Accessory buildings and structures customarily associated with the principal permitted use or special use.
- (2) Off-street parking for commercial vehicles while loading and unloading, as required by § 200-34.
- (3) Signs as permitted by § 200-38.
2
11/12/25
- (4) Temporary structures as permitted by § 200-41.
- (5) EV charging stations.
- D. Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 200-15 and 200-16 shall be as follows:
- (1) Apartments, subject to the provisions of § 200-31.
- (2) Multifamily dwellings, subject to the provisions of § 200-31.
- (3) Planned residential developments, subject to § 200-31.1.
- (4) Townhouses, subject to the provisions of § 200-12I.
- E. Area, yard, height, parking space location, coverage and bulk requirements.
- (1) General. The area, yard, coverage and height provisions established by this section apply to all permitted and special permit uses in the GN District for which special criteria are not established elsewhere in this Zoning Chapter. Multiple uses are permitted on an individual lot.
- (2) Minimum lot size is 10,000 square feet.
- (3) Lot dimensions. Except as otherwise specified for a specific use, the minimum frontage of a lot shall be 50 feet.
- (4) The build-to line shall be no less than 10 feet and no more than 20 feet. The Planning Board, in reviewing the proposed build-to-line of any new building or building modification, shall consider a design that accommodates a sidewalk, street trees, or other amenities within the space between the highway right-of-way and the building, and discourages parking within the front yard.
- (5) Rear yards. There shall be a rear yard of not less than 35 feet, except that in the case of a through lot, the front yard requirement specified by Subsection E(4) above shall be observed on both streets. Where any rear yard faces a residential use regardless of whether on the same or a separate lot, the rear yard shall be screened by landscaping and a fence to the satisfaction of the Planning Board. See also subsection (9) below.
- (6) Side yards. Each side yard shall be no less than 20 feet.
- (7) Height. No building shall exceed 35 feet in height or 2 ½ stories, whichever is less.
- (8) Coverage. The maximum coverage shall be 35%.
- (9) Residential buffer. Nonresidential uses abutting residential uses shall install a bufferalong the property line consisting of fencing, a twenty-foot wide evergreen buffer, or combination of both, in order to screen the uses year-round. Minimum planting height for a buffer shall be six (6) feet. The Planning Board shall approve the specific design of the buffer.
- (10)Preservation of natural features. Within the GN zone, any building or development proposed on topographically elevated lands that would be visible from North Broadway shall be screened through the preservation of trees and provision of supplemental landscaping to achieve this objective. The development yield of any parcel shall take into consideration this requirement.
- (11)Parking. Parking for new buildings and uses shall not be located in the front yard of the lot. Where an existing building is proposed to be modified or enlarged, said modifications shall be designed in a manner that relocates existing parking within the front yard to a location that is either within the rear or side yard to the maximum extent practicable.
- F. Entrances and exits upon public streets; driveways.
3
11/12/25
- (1) Number and spacing. To reduce conflicts between pedestrian and vehicular circulation, curb cuts should be limited to one per lot unless a traffic impact analysis justifies additional curb cuts. In no case shall there be more than one entrance and one exit per lot on any individual public street.
- (2) Access across lots in multiple ownership. Where the Planning Board determines that a need exists to share a common driveway between adjoining lots, it may require cross easements to allow coordinated access to limit the number of curb cuts onto any state highway.
- (3) Width. No entrance or exit shall have a width greater than 24 feet unless otherwise required by the NYS Department of Transportation or other agency having jurisdiction over the entrance.
- (4) Parallel road. To the maximum extent, new buildings and alteration of existing buildings and uses shall be designed in a manner, which allows for the establishment of a parallel road running along the east side of North Broadway.
- G. Landscape treatment. Landscape treatment shall be as determined by the Planning Board in accordance with § 200-29F. Street trees shall be required along public roads and internal private shared driveways in accordance with a landscape plan approved by the Planning Board.
- H. Outdoor storage. No goods or equipment shall be stored out-of-doors unless approved by the Planning Board. In no case shall any outdoor storage occur within the front yard. The Planning Board shall find that the storage can be adequately screened from public view and shall be enclosed and screened from view by fences not less than six feet in height or vegetative screening at the discretion of the Planning Board. Retail businesses may display items for sale outdoors, but such items may not be left out after business operating hours.
- I. Sidewalks, lighting. Sidewalks and trails shall be designed to interconnect parcels within the GN district. Decorative lighting shall be installed and shall comply with Dark Sky standards set forth in the Dutchess County Greenway Guides. ”
- J. Architectural review. Site plan and subdivision applications shall be subject to architectural review and approval of the Planning Board. As part of the site plan and/or subdivision application, building elevations, renderings, and specific details regarding exterior building materials shall be submitted. The Planning Board shall review the architecture in accordance with the guidelines set forth in the Pattern Book.
**2.** Amend Section 200-16. Amend Section 200-16 to add a new Section 200-16.B(2)(c) regarding recreation as follows:
- (c) Recreational facilities. Before the Planning Board approves a site plan containing dwelling units, the site plan must show, when required by the Planning Board, a park or parks suitably located for playground and other recreational purposes. Where a proper case exists for requiring the set aside of recreational land pursuant to 7-725-a(6) of NYS Village Law, but a suitable park of adequate size cannot be located in the PRD, the Planning Board may require the payment of a sum of money in lieu of such land, in an amount established by the Village Board of Trustees.
4
11/12/25
**3. Amend Section 200-16** . Replace Section 200-16(A) with the following paragraph:
Requirement. Site plan approval by the Planning Board is required for all uses permitted in § 200-10, General Business District (GB), § 200-11, Gateway Business District (GWB), § 200-12, Neighborhood Mixed Use (NMU) District, and 200-13, Gateway North (GN) before issuance of a building permit for any external change in the aforementioned districts excluding signage, up to two EV charging stations and one- and two-family dwellings; for all special permitted uses; and for alteration and changes of nonconforming uses and structures as provided for by Article VI.
**4.**
**Amend Section 200-31** . Replace Section 200-31.A(1) in its entirety with the following paragraph:
- A. Number of units permitted.
- (1) In the GB, GN and GWB Districts, there is no limit on the number of dwellings or apartments permitted in a multi-family dwelling, a mixed-use, or a commercial building provided a minimum of 600 square feet of habitable floor area per dwelling or apartment is provided, adequate provision is made for water and wastewater and all other dimensional requirements are met. In the NMU District, six dwellings or apartments are permitted per building. In the GN District, the residential density for multifamily dwellings or apartments shall not exceed the following based on the below sliding scale (rounding down to the nearest whole number):
- (a) For lot size up to 40,000 square feet - 2,500 square feet per dwelling unit;
- (b) For lot sizes with additional 40,000-80,000 square feet - 5,000 square feet per dwelling unit; and
- (c) For lot sizes with additional land exceeding 80,000 square feet - 10,000 square feet per dwelling unit.
Example: 200,000 square foot-lot calculation First 40,000 square feet at 2,500 square feet dwelling = 16 dwellings Between 40,000 to 80,000 square feet at 5,000 square feet per dwelling = 8 dwellings More than 80,000 square feet to 200,000 square feet at 10,000 square feet per dwelling = 12 dwelling units
Total yield = 36 dwellings
- (2) In the GB, GN and GWB Districts, for buildings with six or more dwellings or apartments, at least 20% of the dwellings or apartments shall have two or more bedrooms. The required number of units shall be rounded down to the nearest whole number. ”
**5. Amend Section 200-31A(B)** . Amend Section 200-31.B regarding development standards for multifamily dwellings and apartments to add a new Section (4) as follows:
- (4) In the GN District, multifamily dwelling buildings are not permitted within 150 feet of the nearest edge of pavement of US Route 9 (North Broadway).
**6. Add a new Section 200-31.1.** Amend Article V, Supplementary Regulations, of Chapter 200, Zoning, to add a new Section “ 200-31.1 Planned Residential Development ” , as follows:
- § 200-31.1. Planned Residential Development.
5
11/12/25
- A. Purpose and objectives. It is the intent of this section to regulate Planned Residential Developments (PRD). The provisions of this section regarding PRD development supersede any inconsistent provision in the underlying GN District. A PRD is intended to meet the following purposes:
- (1) Variety of housing types. Promote the opportunity to create a wider variety of housing types and to increase housing diversity, including single-family detached, townhouse units and multifamily dwellings designed to serve the present and the future housing needs in the Village of Red Hook.
- (2) Flexibility of design and development. Provide for flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space, protect wetlands, floodplains and other natural features, and preserve scenic areas and vistas. The use of clustering to increase the density of units on a portion of a property is encouraged.
- (3) Locate development, which is convenient in location to local commercial and service areas.
- (4) A creative use of land and related physical development, which allows an orderly transition from rural to suburban uses.
- (5) TND. A development pattern in harmony with traditional neighborhood design development, which encourages linkages to adjoining existing or future developments via trails, sidewalks, and roads.
- (6) Traffic circulation. Encourage orderly development of sites with adequate access over public roads to either state or county highways, either directly or by the development of new or existing roads to current Village standards, so as to provide safe, efficient, adequate access and traffic circulation.
- B. Principal and accessory uses within a PRD.
- (1) Residential uses. Dwellings, one-family. Detached, semidetached, or attached (townhouses), and multifamily dwellings.
- (2) Nonresidential uses. Active and passive park and recreational areas, open space and recreational facilities, playgrounds, walkways, bikeways, riding trails, nature trails, and similar structures and facilities.
- (3) Adaptive reuse. Where a PRD incorporates existing agricultural buildings as part of the planned development, the Planning Board is authorized to approve agricultural and/or tourism-related uses for that building, including restaurant, brewery, distillery, farm market, or similar uses. Should these uses be located on a separate lot, the Planning Board shall establish the required setback and other dimensions standards for the adaptive reuse lot as part of the PRD development.
- (4) Accessory uses. Accessory uses shall be those that are permitted in the District within which the PRD is located. In addition, buildings and/or facilities designed or intended for the administration or maintenance of the PRD are permitted.
- C. Standards.
- (1) Minimum lot size; coverage. The minimum lot area to apply for the PRD use shall be ten (10) contiguous acres. The maximum coverage for the entire Planned Residential Development shall not exceed twenty-five percent (25%), although this may be exceeded on individual lots.
- (2) Residential use standards. The maximum residential density for the PRD shall be six (6)
6
11/12/25
dwelling units per gross acre calculated over the entire project area, and the following additional criteria shall apply:
- (a) Residential mix. A PRD shall contain no less than two housing types, e.g., singlefamily detached or multifamily dwellings, and not more than 50 percent shall be any one housing type.
- (b) No building, dwelling unit, or other structure shall be constructed to a length in excess of 120 feet, unless approved by the Planning Board where it finds that the design is consistent with the intent of the Pattern Book.
- (c) Minimum livable floor area. The minimum livable floor area for any residential dwelling unit in a PRD shall be as follows:
- [1] Multifamily dwellings. Studio: 600 square feet; one-bedroom residential units: 800 square feet; two-bedroom residential units: 1,000 square feet; threebedroom and greater unit: 1,450 square feet.
- [2] Single family detached, semi-attached, attached dwellings: 1,450 square feet.
- (d) Distance between buildings. There shall be a minimum distance of 30 feet between all principal buildings.
- (e) All principal residential dwelling buildings shall be set back no less than 50 feet from any state highway right-of-way and the exterior property line of the PRD. The front yard along any state highway right-of-way shall be developed with a sidewalk, street trees, landscaping and other streetscape amenities, such as benches, which visually link the development to the Village. Any sidewalk along the highway frontage shall be separated from same by a landscape strip no less than five feet in width. The landscaping and frontage design shall be reviewed and approved by the Planning Board and the NYS Department of Transportation should said improvements be located within the state highway right-of-way.
- (f) Single-family detached and townhouses shall be located on their own individual lot. (g) All other bulk standards shall be as per the review and determination of the Planning Board, and those standards shall be placed on the site or subdivision plan.
- (3) Ownership. The ownership, use, or occupancy of the residential units in a PRD may be achieved through various means including but not limited to fee-simple, condominium, cooperative or rental ownership.
- (4) Open space and recreation areas. At least 35 percent of the gross acreage of any PRD shall be composed of land, which is used for recreational purposes, and/or permanent open space and neither used for motor vehicles nor located within 20 feet of a building.
- (5) Sidewalks and trails shall be provided throughout the development and connected, or shall provide future connections, to adjoining properties and residential neighborhoods. Sidewalks along a public or private road shall include the provision of street trees in accordance with the design guidelines set forth in § 200-16 (E)(15).
- (6) Utilities.
- (a) The Applicant shall demonstrate that the project can be adequately serviced by water and sewer.
- (b) Stormwater. A stormwater management plan shall be incorporated into the overall design of the PRD.
- (c) All utilities, including cable and electric, shall be installed underground.
- (7) Refuse collection. The PRD shall provide adequate means of collection and storing of refuse, including recycling. Any outside waste storage that is within centrally located containers shall be screened in a manner acceptable to the Planning Board.
- (8) Parking. All parking facilities shall be located upon the same lot as the buildings they service. There shall be a minimum of not less than two parking spaces for each dwelling
7
11/12/25
unit in a PRD, except that for multifamily dwellings, the parking standard may be reduced to 1.5 parking spaces per dwelling for studio and one-bedroom units. An additional 10% of the required spaces shall be provided and designated for guest parking. For multifamily dwellings, parking shall be located no closer than 15 feet to any building.
- D. Architectural review. The PRD shall be subject to architectural review and approval of the Planning Board. As part of the site plan and/or subdivision application, building elevations, renderings, and specific details regarding exterior building materials shall be submitted. The Planning Board shall review the architecture in accordance with the guidelines set forth in the Pattern Book and the regulations set forth in § 200-16E. The Planning Board may allow variations from the materials included in the Pattern Book to achieve material affordability for the PRD.
- E. Legal assurances. Each application for site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure continued proper future maintenance and ownership responsibilities for all common areas, facilities, and utilities within each stage of development or section thereof. These documents shall be approved by the Village Board and shall be in a form acceptable to the Village Attorney.
- F. Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals from the appropriate Village, county, state, or federal agencies having jurisdiction thereof.
- G. Phased approval. To ensure orderly development within a PRD, the Planning Board may approve a site plan in sections.
- H. Performance bonds/inspection fees. The applicant may be required to post performance security pursuant to Village Law § 7-725-a and 7-730(9) as an alternative to the installation of required infrastructure and improvements, as well as inspection fees if required.
- I. Permanent open space and recreational land. All areas designated as permanent open space or recreational land on a site plan shall conform to the following requirements: (1) Such areas shall be recorded directly on the site plan, and notes shall be added thereon excluding such open space areas from any other development.
- (2) Assessment of taxes on the open space owned by a homeowners' association shall be nominal, the balance of the true value assessment of the open space(s) being divided equitably among owners of the benefiting properties within the PRD.
- (3) The Planning Board may in proper cases require both the provision of open space and recreation space, or a payment in lieu of.
- J. Affordability of dwellings. A PRD in the GN zoning district shall comply with Section 20041.1 of the zoning chapter.
**7. Add a new Section 200-41.1.** Amend Article V, Supplementary Regulations, of Chapter 200, Zoning, to add a new Section “ 200-41.1 Workforce housing ” , as follows:
§ 200-41.1. Workforce housing.
- A. Intent and purpose. It is the intent of the Village of Red Hook to allow for the development of
8
11/12/25
moderately priced dwelling units for essential workers. It is also Village policy to support a diverse mix of housing that meets the needs of all household incomes who contribute to the betterment of the Village and its community character. To implement this housing policy, the Village adopts these guidelines and standards to promote the creation of workforce housing in tandem with market rate housing.
- B. State requirements. Where a proposed workforce housing development is regulated by the NYS Division of Homes and Community Renewal or successor agency, the standards of the regulating entity supersede this Section where the Village Board determines that the proposed development achieves the intent of this section.
- C. Methods to achieve workforce housing.
- (1) The following methods may be utilized by an applicant to achieve the Village Board ’ s objective of promoting workforce housing in the Village of Red Hook:
- (a) Construction of workforce housing on site;
(b) Payment of a housing fee to the Village of Red Hook Housing Trust Fund in lieu of the construction of workforce housing;
- (c) Donations of land to the Village suitable for the construction of workforce housing;
- (d) Construction of workforce housing off site within the Village;
- (e) Rehabilitation of substandard housing to standard workforce housing;
- (f) Purchase of existing housing for conversion to workforce housing;
- (g) A combination of the above.
- (2) The Village Board shall approve, in its sole discretion, the method or combination of methods that shall be used to meet the intent of this section based on the unique characteristics of an application being reviewed and based on a recommendation of the Planning Board. Donations of land or off-site construction shall result in a number of dwelling units equal tothe number of the required units or equal in value to the workforce housing fee.
- D. Requirements and incentives for participation.
- (1) The provision of workforce housing pursuant to this section shall be required in the following zoning districts: Gateway North (GN).
- (2) For any development of 10 or more dwelling units, no less than 10 percent of the dwelling units shall be developed as workforce housing units in accordance with these standards. Applicants who propose to include workforce housing within a developmentproject shall be entitled to a density bonus increase of the permitted number of residential units in such project, in the amount of 10% of the units which could be permitted in the Planning Board's judgment if the land were developed into lots or unitsconforming to all other
9
11/12/25
applicable requirements of this zoning chapter.
By example, if a developer is allowed to construct 30 units under all applicable requirements and regulations, 3 of those 30 dwelling units shall be workforce housing units. The Applicant is permitted an additional 3 market-rate units, for a total of 33 units (30 market-rate plus 3 workforce housing units).
- (3) To accommodate inclusion of workforce housing units, the Planning Board is authorized to modify the bulk requirements to the extent necessary to allow the additional workforce housing units. However, the minimum yard requirements and the maximum building height shall not be modified.
- E. Development standards. Workforce housing units must meet the following standards:
- (1) All workforce housing units shall be physically integrated into the design of the subdivision or site plan. Workforce housing units shall be constructed to the same quality standards as market-rate units, and they should include a comparable number ofbedrooms. The exterior finishes of workforce units shall be indistinguishable from all other units. The developer may, however, propose different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit.Appliances, lights, and all components of HVAC systems shall be ENERGY STAR® certified or a NYSERDA equivalent.
## (2) Unit requirements.
- (a) Unit size and bedroom mix. The unit size and bedroom mix shall be the same size and bedroom mix as a comparable market rate unit within the applicable subdivision or site plan development.
- (b) Unit density. The maximum number of residents who may reside in a workforce dwelling unit shall comply with NYS Building Code.
- (3) All workforce housing units shall generally be physically distributed throughout the subdivision or development in the same proportion as other housing units, although the Planning Board may use discretion in reviewing and approving the distribution.
- (4) The applicant shall execute a declaration, in recordable form, at the time of subdivision or site plan approval, identifying the units which are workforce housing units and restricting their future sales price and/or rental terms under the provisions of this section. The term of affordability shall be 30 years. The declaration shall be in a form acceptable to the Village Attorney. It shall include a provision requiring that every deed conveying title to an workforce housing unit shall include the following paragraph, subscribed to in the instrument by both seller and buyer, to inform all future sellers and buyers that this unit is a workforce housing unit subject to the provisions of this section: "This dwelling has been constructed for use by essential worker households pursuant to Section 41.1 of Chapter 200, Zoning, of the Red Hook Village Code. Its future sale
10
11/12/25
(including resale) or rent must be to persons who qualify under said section ’ s income requirements and at a price in accordance with the Red Hook Village Code. The Village of Red Hook shall have the power to enforce this clause and to recover reasonable attorney fees and other costs incurred in successful efforts to remedy breaches of said provisions of local law."
- (5) Workforce housing notation. Notes shall be placed on any site plan or final subdivision plan reciting the workforce housing obligations of the applicant in conjunction with the plan. If applicable, this shall include the recording of notes on the plan indicating which lots or sites are to be set aside for the construction of workforce housing. The Village Board may require the imposition of deed restrictions ensuring that future lots are restricted to the construction of workforce housing. The Planning Board, as a condition of approval, may require that an applicant pay a fee in lieu of housing where it sets aside a lot in a subdivision for the construction of workforce housing, but where the applicant does not construct the workforce dwelling, which shall be constructed by others.
- (6) Maintenance as a continuing obligation. A workforce dwelling shall be maintained as affordable in a manner as prescribed by procedures established by the Village Board. No household shall make any improvements that require a building permit without prior written permission.
- (7) Additional standards. The Village Board, by local law or resolution, may establish such other standards, rules and regulations it deems necessary to regulate workforce dwelling units in order to meet the intent of this zoning section.
- F. Eligibility and preference to rent or purchase.
- (1) To be eligible to purchase a for-sale workforce housing unit, the household's income shall not be no more than 100% of the adjusted median household income applicable to Dutchess County households. To be eligible to rent a workforce housing unit, the household's income must be no more than 80% of the adjusted median household income.
- (2) Selection priority. Once an applicant is determined to be eligible to participate in the workforce housing program based on applicable income levels, preference will be given to applicants on the basis of the following factors. An "applicant" shall be defined to include any and all household members 18 years of age and older who will occupy the workforce dwelling as a primary residence. An applicant seeking preference based on voluntary service must provide an affidavit from an authorized person within such organization attesting to the applicant's length of voluntary service or employment. The VillageTheVillage Board, by local law or resolution, may establish a point system to prioritize households that fall within the following categories:
- (a) Volunteer Fire Department or Ambulance Corps members serving the Village of Red Hook, with a minimum of 3 years of consecutive active service.
- (b) Paid emergency service personnel serving the Village of Red Hook, including police,
11
11/12/25
fire and emergency medical services, with a minimum of 3 years of employment.
11
11/12/25
- (c) Village of Red Hook full-time municipal employees, with minimum of 3 years of employment.
- (d) School district employees for any school that provide education services to students
- who live in the Village Red Hook, with a minimum of 3 years of employment.
- (e) Veterans of the United States Armed Forces, honorably discharged.
- (f) Persons employed in the Village of Red Hook.
- (g) Resident of the Village of Red Hook who lived in the Village for at least 5 years.
- (h) Former residents of the Village of Red Hook who document that they resided in the Village for at least 5 years.
- (i) Residents of the unincorporated Town of Red Hook, who document that they have resided in the Town of Red Hook for at least 5 years.
- (i) Dutchess County residents for at least 5 years.
- (j) All other income-eligible households.
- (3) The Village of Red Hook recognizes that a workforce housing unit may become available when income-eligible households are not included on the eligibility list. A landlord shall be permitted to rent a workforce housing rental unit as if it were a market-rate unit under the following terms and conditions:
- (a) The landlord shall pay the difference between the rent being paid by the market- rate unit tenant and the rent that would have been paid by a workforce housing unittenant to the Village of Red Hook Workforce Housing Trust Fund. Payments of amounts due under this subsection shall be delivered to the Village as follows:
- [1] For the months of January through June in a given calendar year, payment shall be delivered to the Village no later than July 31 of that calendar year.
- [2] For the months of July through December of a given calendar year, payment shall be delivered to the Village no later than January 31 of the following calendar year.
- [3] When renting a workforce housing unit as a market-rate unit, pursuant to this section, the lease term shall be for a period of no longer than one year.
- [4] The landlord shall provide written notice to the administrator of the future vacancy of a workforce housing unit being rented, pursuant to this section, as a market-rate unit at least 60 days prior to the date on which the term of the lease will expire or, should the tenant vacate the unit before the end of the lease term, such shorter notice as is reasonable.
- [5] Upon receipt of such notice, the Village shall determine whether the placement of an income-eligible household is possible or whether the renewal of the current lease or the reletting of the unit to a noneligible household is an appropriate result.
12
11/12/25
- [6] If the Village determines that renewal of the current lease or the reletting of the
12
11/12/25
unit to a noneligible household is an appropriate result, the Village Board shall, in its sole discretion, by written resolution, either approve or overrule the administrator's determination.
- G. Calculation of initial sales price and permissible rent.
- (1) Initial sales price of a for-sale unit. The initial sales price for a workforce housing unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, insurance and common charges, as applicable, shall not exceed the result of the following calculation: 100% of the adjusted median household income multiplied by 30%.
- (a) For example, assuming that the median household income is $90,750 for a family of four, the calculation would be as follows:
Step 1: $90,750 by 100% = $90,750.
Step 2: $90,750 by 30% = $27,225.
- (b) Therefore, the annual cost of the sum of principal, interest, taxes, insurance and common charges, as applicable, shall not exceed $27,225 for a family of four.
- (2) Permissible yearly rent. The maximum yearly rent, excluding utilities, for a particular workforce housing unit shall not exceed the result of the following calculation: 80% of the median household income multiplied by 30%.
- (a) For example, assuming that the median household income for a family of four is $73,400, the calculation would be as follows:
Step 1: $90,750 by 80% = $72,600.
Step 2: $72,600 by 30% = $21,780.
- (b) Therefore, the maximum yearly rent, excluding utilities, shall not exceed $21,780 for a family of four.
- H. Continued eligibility to rent.
- (1) An applicant(s) for a workforce rental unit referred to in this section shall, if eligible, be entitled to an initial lease for a term of no more than 3 years. As long as a workforce housing resident remains eligible and complies with the financial reporting obligations of Subsection F(2), said resident shall be offered three-year lease renewals.
- (2) Sixty (60) days prior to expiration of the lease, the rental resident(s) shall provide a verified statement of the identity of household occupants and their respective incomes to the Village's administrator of this section and shall otherwise comply with additional reasonable requests for household income verification made by the Village, as a
13
11/12/25
condition of the right to continue in residence. If a rental unit's occupying household's
13
11/12/25
income shall come to exceed by more than 20% the maximum then allowable, as defined in this article, and if there is at that time another eligible applicant, said occupants may complete the current lease term and shall be offered a market rate rental unit, if available as of the end of the lease term. If no such dwelling unit shall be available, the occupants shall be allowed to sign one additional one-year lease for the workforce dwelling unit, but renewal of the lease shall not be offered at expiration of the one-year lease.
- (3) All leases shall include a clause, suitable to the Village, that the landlord is obligated to take all relevant and timely steps, including litigation, to recover possession of a workforce housing unit in which ineligible occupants hold over beyond a legitimate lease term and that the holdover occupants will be responsible to defray the expenses, including but not limited to reasonable attorney's fees and court costs incurred by the landlord in pursuit of efforts to recover possession.
- I. Resale of for-sale units - calculation of permissible resale price. The title to workforce dwelling units shall be restricted so that, in the event of any resale, the resale price shall not exceed the greater of the following:
- (1) The then maximum sales price for said unit, as determined in accordance with this section; or
- (2) The price that was paid at the time the unit was purchased by the current owner.
- J. Restriction on sale or lease and subsequent resale.
- (1) Every applicant to purchase or rent a workforce housing unit shall certify, on a form prescribed by the Village, that the applicant is acquiring or leasing said unit as the primary place of residence for the applicant and his/her family. No developer shall sell or lease any unit without first obtaining such certificate from the purchaser or lessee and filing the certificate with the Village Clerk.
- (2) Subleasing of workforce housing units is prohibited.
- (3) The resale of for-sale workforce housing units shall be limited in accordance with procedures to be established by the Village, which shall utilize the Consumer Price Index for the region within which the Village is located or similar inflationary measure, to allow an annual increase in the dwelling unit market value, plus an allowance for any dwelling improvements authorized by the Village.
- K. Administration and enforcement.
- (1) The Village Board may appoint an employee(s), establish a committee, or contract with an outside entity to administer the workforce housing requirements of this article (the "administrator"). The responsibilities of the Village Board or designee shall include, but not be limited to:
14
11/12/25
not be limited to:
- (a) Review and approve a workforce housing application.
- (b) Maintain eligibility priority list, annually certify and recertify applicants.
- (c) Establish annual maximum income limits; rental, sale and resale prices.
- (d) Maintain list of workforce dwellings in the Village.
- (e) Review and approve deed restrictions applicable to a workforce dwelling.
- (f) Review and approve the lease terms for a workforce rental dwelling.
- (g) Promulgate rules and regulations as necessary.
- (h) Such other and additional responsibilities and duties as established by the Village Board by local law or resolution.
- (2) Prior to the issuance of a certificate of occupancy, the Village shall inform the owner and/or the project manager of the maximum rental or sales charge which may be established for the workforce dwelling units and the maximum gross household incomefor eligibility for occupancy of said units. On or before April 1 of each year thereafter, the Village shall notify the owner and/or the project manager of any annual changes in such information.
- (3) The owner and/or the project manager, as appropriate, shall annually provide proof to the Village, on or before June 1 of each year, that the current rental price of all workforce units complies with the terms of this section.
- (4) The owner of a workforce unit, before the sale of such unit, shall provide proof to the administrator that the sales price complies with the terms of this section and shall provide a copy of the proposed deed to the administrator for approval in advance of sale.
- L. Procedure for applicants.
- (1) Households interested in being placed into a workforce housing unit shall complete an application available at the Village Hall of the Village of Red Hook and submit such application to the Village.
- (2) By April 1 of each year, the Village shall review applications received and certify eligible applicants for rental or sale of workforce dwelling units.
- (3) The Village shall maintain a list of all applicants certified, pursuant to the requirements of this section, as eligible to purchase or rent a workforce housing unit.
- (4) Applications must be received prior to January 1 of any given year. The Village may, in its
15
11/12/25
own discretion, consider applications received after this date.
-
15
11/12/25
## (5) Eligibility list.
- (a) The eligibility list of income-eligible households will be arranged in numerical order based on the number of priority points, which may have been established by the Village.
- (b) In the event that two or more income-eligible households have accumulated an identical number of priority points, the list of income-eligible households within that point score will be arranged by date of application submission, so that the incomeeligible household that was first to submit an application will be placed in a higher spot on the eligibility list. In the event that two or more income eligible households that have accumulated an identical number of priority points submitted their applications at the same time, a lottery will be held to determine which household will be placed in a higher spot on the eligibility list.
- (6) When a workforce housing unit becomes available, an offer to fill that unit will be made to the eligible household at the top of the eligibility list. The eligible household shall have up to ten (10) business days to respond and indicate whether the household seeks to occupy the unit. Should that applicant decline placement in the workforce housing unit, the administrator shall make an offer to fill that unit to the next applicant on the eligibility list, and so on.
- (7) When a workforce housing unit becomes available, the eligible applicant must demonstrate to the administrator that his/her household incomes continues to meet the eligibility requirements of this section. The Village shall have the right to demand disclosure of relevant financial records of the applicant.
- M. Establishment of the Village of Red Hook Workforce Housing Trust Fund.
- (1) The Village hereby establishes a Workforce Housing Trust Fund, the purposes of which shall include:
- (a) Funding of costs to be incurred by the Village in the administration and enforcement of the workforce housing program established within this section and including such activities with respect to workforce units, as well as funding of such future workforce housing programs as the Village may otherwise establish by legislation, order, or resolution;
- (b) Defraying consulting fee expenses incurred, or to be incurred, by the Village in the establishment of such workforce housing programs;
- (c) Defraying the cost of improvements to municipal infrastructure, including but not limited to roads, water, sewer, and drainage improvements, to the extent such capital expenditures are incurred in order to promote the development of workforce housing;
16
11/12/25
workforce housing;
- (d) The deposit of payments, where deemed suitable and appropriate by the Village; and
- (e) Any other purpose authorized by state or local law in connection with the expansion or improvement of workforce housing opportunities within the Village, including but not limited to establishment, to the extent authorized by law, a program of grants or loans to not-for-profit or for-profit entities.
- N. Payment in Lieu of Workforce Housing to Housing Trust Fund. Where the Village Board determines that it is not in the best interest of the Village for a proposed development to contain the required 10% minimum set aside as set forth in subsection B, above, the developer shall be required to pay a monetary contribution to the Village of Red Hook Workforce Housing Trust Fund.
- (1) The amount of such contribution shall be based on the total number of housing units included in the subdivision or development, which may be offset by the value of any donated land.
- (2) Workforce housing fee. The workforce housing fee shall be determined by the Village Board annually and set forth in a schedule contained in a local law or resolution. The fee shall be calculated using the "construction cost approach". The workforce housing fee, if approved by the Village Board, shall be a condition of any site plan, special use permit and/or subdivision approval. The housing fee shall be paid at the time of the application for the first building permit issued for the applicant's site plan or subdivision plan, or at the time of the sale of the first lot or lots within a subdivision, whichever shall occur first. As a condition of approval, the Village Board may establish a phasing schedule for the payment of the housing fee. In no event, however, shall payment be deferred for more than two years after filing of a final site plan or subdivision plan unless the time period for said payments is extended by the Village Board.
- O. Violations. Violations of any of the provisions of this section shall be subject to the penalties and remedies found within § 200-51 of this chapter.
**8. Definitions.** The following new definitions are added to § 200-5, Definitions, as they will appear in alphabetical order within the section:
## **FORMULA BUSINESS**
Any use, whether a principal or accessory use, that has or is required by contractual, franchise or other legal arrangements to have, along with 5 or more other businesses located in the United States, the same primary business name, trademark or logo and two or more of the following: 1) distinctive exterior and/or interior design and/or architecture, signage, color scheme, or similar standardized features; 2) the same or standardized employee uniforms; or 3) the same or standardized array of services and/or merchandise.
17
11/12/25
## **OFFICE**
> A use involving predominantly administrative or clerical operations. The term office
17
11/12/25
“ ” includes cowork space . Offices can be further categorized as follows:
- A. Business: A place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a business and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, insurance brokers, real estate brokers and persons with similar occupations.
- B. Professional: An office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge. A professional office may include but not be limited to the office of an accountant, architect, engineer, or attorney.
- C. Medical: An office devoted to medical or dental care dispensed to persons on an outpatient basis by physicians or other medical professionals licensed in the State of New York, either singly or as a group, which may also offer laboratory and diagnostic facilities to patients on an outpatient basis.
## **STUDIO**
A space used for the development, display, and sale of art or the instruction in an artistic skill such as art, photography, painting, sculpture, film, martial arts, dance, music, and similar activities. The term studio shall also apply to the use commonly referred to as “ makerspace ” wherein individuals or groups work collaboratively on projects and assignments involving science, technology, engineering, and math skills. ”
**9. Definitions** . The definition of “ Apartment ” set forth in Section 200-5, Definitions, shall be amended to add “ GN ” to the list of zoning districts.
- “ ”
- **10. Zoning Map** . Section 200-3 of the Zoning Law, entitled, Zoning Map , is hereby amended to replace the map attached to the Zoning Law as Attachment 2 with the revised Zoning Map attached to this Local Law as Exhibit A. The Revised Zoning Map rezones the following properties to the GN zoning District:
||134801-6272-07-581864-0000<br> 134801-6272-06-490816-0000 134801-6272-07-549818-0000<br> 134801-6272-07-514806-0000 134801-6272-07-514864-0000<br> 134801-6272-06-479800-0000 134801-6272-07-531857-0000<br> 134801-6272-06-473785-0000 134801-6272-07-506847-0000<br> 134801-6272-06-482781-0000 134801-6272-07-522832-0000<br> 134801-6272-06-471776-0000 134801-6272-07-503840-0000|134801-6272-06-490816-0000<br>134801-6272-07-514806-0000<br>134801-6272-06-479800-0000<br>134801-6272-06-473785-0000<br>134801-6272-06-482781-0000<br>134801-6272-06-471776-0000<br> 134801-6272-06-478765-0000|
|---|---|---|
## **SECTION V. SEVERABILITY.**
If any word, phrase, sentence, part, section, subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any
18
11/12/25
reason, then such word, phrase, sentence, part, section, subsection or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
18
11/12/25
## **SECTION VI. CONFLICT WITH OTHER LAWS.**
Where this Law differs or conflicts with other Laws, rules and regulations, unless the right to do so is pre-empted or prohibited by the County, State or federal government, the more restrictive or protective of the Village and the public shall apply.
**SECTION VII. EFFECTIVE DATE.**
This Law shall become effective upon filing with the New York State Secretary of State.
19
11/12/25
## **SECTION VIII. AUTHORITY.**
This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local law shall supersede the provisions of the Village Law to the extent it is inconsistent with same, and the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute.
20