Clarkstown, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Bonus amount
- 2 additional units per acre
- Maximum density with bonus
- 10 units per acre
- Affordable set-aside
- 20% of bonus units
- Eligible districts
- HC-C, HC-VC, HC-WN
- State authority
- Town Law § 261-b
Summary
Clarkstown grants a residential density bonus of two extra units per acre, up to 10 units per acre total, in the Congers, Valley Cottage and West Nyack Hamlet Center Districts. Developers must set aside 20% of the bonus units as affordable housing to qualify.
Residential density bonus. Pursuant to the authority granted by Town Law § 261-b, developments in the Hamlet Center Zoning Districts (HC-C, HC-VC and HC-WN) are eligible for a residential density bonus of an additional 2 units per acre (up to 10 units per acre maximum). The two-unit per acre bonus shall be granted upon the designation of at least 20% of these two units per acre as affordable units subject to the requirements of § 290-7.2E(3).
Full Breakdown
2E(2) authorizes the density bonus using state enabling authority: "Pursuant to the authority granted by Town Law § 261-b," projects in the Hamlet Center Zoning Districts (HC-C for Congers, HC-VC for Valley Cottage, and HC-WN for West Nyack) qualify for an additional 2 units per acre, capped at 10 units per acre overall against the district's base 8-unit-per-acre standard shown in the bulk table. 2E(3). Those requirements give priority to volunteer fire and EMS members and military veterans in good standing, require affordable units to be indistinguishable in size, fixtures and amenities from market-rate units, mandate an owner/renter certification of primary residence with a no-subletting restriction, and require the developer to file a restrictive declaration with the Rockland County Clerk at site plan approval.
The Planning Board must also contract with a qualified agency designated by the Town Board to administer and oversee the sale or rental of the affordable units on an ongoing basis, giving the bonus a compliance mechanism that outlasts the initial approval.
Violations & Fines
There is no separate criminal penalty for the density bonus provision itself; noncompliance instead blocks or unwinds the bonus at the approval stage, since a developer that will not commit the required 20% affordable-unit set-aside and recorded declaration under § 290-7.2E(3) cannot receive the additional two units per acre and remains capped at the district's base residential density.
Frequently Asked Questions
Which Clarkstown districts get the density bonus?
How many extra units can a Hamlet Center project build?
What do developers give up to get the bonus?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York zoning overlays & bonuses overview
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