A.
Conformity required. No building shall be erected,
constructed, moved, altered, rebuilt or enlarged, nor shall any land,
water or building be used, designed or arranged to be used, for any
purpose except in conformity with this chapter.
B.
Minimum requirements. In interpreting and applying
this chapter, the requirements contained herein are declared to be
the minimum requirements necessary for the protection and promotion
of the public health, safety, morals, comfort, convenience and general
welfare.
A.
Other applicable codes, standards and regulations.
There are many other applicable codes, standards and regulations of
the Village of Pomona in addition to this chapter. These include the
Subdivision of Land Regulations and the Uniform Fire Prevention and
Building Code.[1]
B.
Conflicting standards. This chapter shall not be deemed
to affect in any manner whatsoever any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater or lesser restriction upon the use of buildings
or land or upon the erection, construction, establishment, movement,
alteration or enlargement of buildings than is imposed by other local
laws, rules, regulations, licenses, certificates or other authorizations
or by easements, covenants or agreements, the more restrictive requirements
shall prevail.
A.
Continuing existing uses, buildings and structures.
(1)
Except as otherwise provided herein, the lawfully
permitted use of lands or buildings and the lawfully permitted existence
of buildings or structures at the time of the adoption of this chapter
may be continued although such use, building or structure does not
conform to the standards specified in this chapter for the district
in which such lands, buildings or structures are located. Similarly,
whenever a zoning classification or the restrictions affecting property
within a district shall be changed hereafter so as to render nonconforming
a use, building or structure then presently or theretofore lawfully
existing, such use, building or structure may nevertheless continue,
subject to the conditions set forth below. Said uses shall be deemed
nonconforming uses and said buildings and structures shall be deemed
dimensionally nonconforming.
(2)
Any use in existence as of the effective date of this
chapter which is by this chapter made a special permit use in the
district in which it is located shall be presumed to have a special
permit to the extent such use is legally conforming as of the date
immediately prior to the effective date of this chapter.
B.
Nonconforming use of land, buildings or structures.
(1)
The nonconforming use of land may be continued; provided,
however, that no such nonconforming use shall be physically enlarged
or intensified, nor shall it be extended to occupy a greater area
of land than that occupied by such use at the time of the adoption
of this chapter, unless specifically allowed by other provisions in
this chapter, nor shall any such nonconforming use be moved in whole
or in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of the adoption of this chapter.
(2)
A building or structure, the use of which does not
conform to the use regulations for the district in which it is situated,
shall not be enlarged, extended or altered structurally unless the
use therein is changed to a conforming use or to conform to an order
of the Code Enforcement Officer to either correct an unsafe condition
or conform to the requirements of applicable laws or ordinances.
(3)
No nonconforming use of a building or structure shall
be enlarged or extended, except that any such nonconforming use may
be extended throughout any parts of the building or structure which
were obviously or manifestly arranged or designed only for such use
at the time of the adoption or amendment of this chapter.
(4)
No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection E below.
(5)
If a nonconforming use ceases for any reason for a
total of six months during any twelve-month period or is changed to
a conforming use, any future use of the land, building or structure
shall be in conformity with the provisions of this chapter. Substantial
cessation of activities consistent with or required for the operation
of such nonconforming use, or substantial vacancy of the building
or structure in which the nonconforming use was conducted, together
with substantial cessation of activities consistent with or required
for the operation of such nonconforming use, shall be deemed to constitute
a discontinuance thereof within the meaning of this chapter irrespective
of whether an intention to abandon the nonconforming use may exist.
On application, however, the Board of Appeals may extend the period
upon a finding that it is not reasonable in its application to the
particular premises, taking into consideration the characteristics
of the use, the investment which has been made in it, the circumstances
of the discontinuance and the suitability of the structure for a permitted
or special permit use.
(6)
If any building or structure in which any nonconforming
use is conducted or maintained is hereafter removed, the subsequent
use of the land on which such building or structure was located and
the subsequent use of any building or structure thereon shall be in
conformity with the standards specified by this chapter for the district
in which such land is located.
C.
Dimensional nonconformity. A building or structure
that is conforming in use but does not conform to the lot dimension,
yard dimension, height, building coverage, off-street parking, loading
or similar dimensional requirements of this chapter shall be deemed
to be dimensionally nonconforming. No permit shall be issued that
will result in the increase of any such dimensional nonconformity,
but any building or structure or portion thereof may be altered to
maintain or decrease its dimensional nonconformity.
D.
Reconstruction.
(1)
Should a building or structure, the use of which or
the use of a portion of which is nonconforming or which is dimensionally
nonconforming, be destroyed or damaged by any means to an extent of
more than 75% of the replacement cost of the building or structure
as determined by the Code Enforcement Officer at the time of the reconstruction,
it shall not thereafter be reconstructed or used except in conformity
with the provisions of this chapter.
(2)
Should a building or structure, the use of which or
the use of a portion of which is nonconforming or which is dimensionally
nonconforming, be destroyed or damaged by any means to an extent of
75% or less of the replacement cost of the building or structure as
determined by the Code Enforcement Officer at the time of the reconstruction,
it may be reconstructed and any accompanying nonconforming use continued,
provided that the reconstruction is commenced within one year of the
date of such damage and completed within two years of said date, and
further provided that it shall be reconstructed in accordance with
a plan approved by the Planning Board so as to result, where possible,
in greater conformity with this chapter.
E.
Change to other nonconforming use. On application,
any nonconforming use of land, buildings or structures may be changed
to another nonconforming use upon approval by the Board of Appeals
based upon a finding that the proposed use is more appropriate to
the district than the existing nonconforming use. In permitting such
change, the Board of Appeals may impose whatever conditions and safeguards
it may deem necessary or appropriate to further the purposes of this
chapter.
F.
Improvement of nonconforming uses. In order that nonconforming
uses may gradually be brought into greater conformity with this chapter
and the adverse external effects of such nonconforming uses may be
reduced, the owner of the land, building or structure so used may
be permitted to make limited changes to such building, structure or
use in conjunction with a site plan whereby, through landscaped screening
and buffer areas, control of noise, smoke, odors, lighting, architectural
changes, location and layout of parking areas and access drives or
by any other appropriate means, these purposes may be achieved. Such
plan shall be presented to the Board of Appeals, which may then grant
approval or approval with modifications, provided that said agency
finds that the purposes of this section shall be met.
A.
Lot for every building. Every building hereafter erected
shall be located on a lot and there shall be no more than one main
building and its accessory buildings on one lot, except for nonresidential
buildings in districts where such uses are permitted.
B.
Subdivision of a lot. Where a lot is formed hereafter
from part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions of
this chapter.
C.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 130-28E of this chapter.
D.
Obstructions to vision at intersections in residential
districts. At the intersection of two or more streets in a residential
district, no fence, wall, structure or shrubbery or other obstruction
more than two feet in height above the center-line grade of the streets
shall be erected or placed on any part of a yard herein established
that is included within the triangular area formed by the nearest
edges of the street line and a straight line between two points, each
a minimum of 25 feet back from the intersection of the nearest edges
of the street line prolonged.
E.
New buildings on lots smaller than minimum required
area. A permit may be issued for the erection of a building for a
permitted use on a lot for which a valid conveyance has been recorded
prior to May 28, 1968, notwithstanding that the area or dimensions
of such lot are less than that required for the district in which
such lot is located, provided that such lot meets the requirements
of § 7-708, Subdivision 2, of the Village Law.
F.
Yard for every building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of this chapter shall be included as any part of the yard
or open space for any other building. No yard or any other open space
on one lot shall be considered as a yard or open space for a building
on any other lot.
H.
No reduction of required yards. No lot shall be so
reduced in area as to make any yard smaller than the minimum required
under this chapter.
I.
Yards on corner lots. On a corner lot, each lot line
which abuts a street shall be deemed to be a front lot line, and the
required yard along both lot frontages shall be a required front yard.
Where a corner lot has frontage on three streets, the remaining yard
shall be a side yard.
J.
Structural projections permitted into required yards
and courts.
(1)
Limited walls and fences may be allowed in required yards, subject to the requirements of Subsection L.
(2)
All required yards shall be unobstructed except as
provided in this subsection. (Since required yards shall be open to
the sky, an obstruction shall include the projection of a structure
into such spaces at any level above ground.) However, an arbor, open
trellis, flagpole, unroofed steps, unroofed terrace or deck at not
to exceed one foot above ground level shall be permitted in any required
yard up to within 10 feet of a property line.
(3)
An awning or movable canopy may project not more than
10 feet into any required yard.
(4)
Cornices or eaves may project not more than 18 inches
into a required yard.
(5)
Windowsills or belt courses may project not more than
six inches into a required yard.
(6)
Driveways shall be permitted in any yard, provided
that they comply with the maximum impervious surface requirements
of this chapter.
K.
Exceptions to height limitations. The height limitations
of this chapter shall not apply to:
(1)
Church spires, belfries, cupolas, domes, monuments,
observation towers, chimneys, smokestacks, derricks, flagpoles, radio
towers, masts and aerials where not used for human occupancy and where
such structures do not extend more than 15 feet above the roof.
(2)
Rooftop bulkheads, elevator penthouses, water towers,
water tanks, monitors, fire towers, hose towers, cooling towers or
solar energy collectors, provided that such features shall be erected
only to the height necessary to accomplish the purpose they are intended
to serve, the total area covered by such features shall not exceed
20% of the horizontal area of the roof on which they are located,
such structures do not extend more than 15 feet above the roof and,
where the lot on which they are located is in or adjacent to a residence
district, such features shall be set back from the edge of the roof
at least one foot for each one foot by which such features exceed
the maximum height otherwise specified for the district in which they
are located.
L.
Fences and walls. Fences and walls, including retaining
walls, are permitted within required yards, provided that:
[Amended 11-22-2004 by L.L. No. 7-2004]
(1)
Except as provided in Subsection Q below, such fences or walls shall not exceed four feet in height if located in a front yard and six feet in height in any other yard, except that such fences or walls shall not exceed six feet in height if located in a front yard abutting a state road. The Code Enforcement Officer may, where necessary for safety, require the addition to a retaining wall of a motor vehicle bumper guard or fence.
(3)
All fences and walls must be inside all lot lines.
M.
Cemeteries. Cemeteries are not permitted in any district.
O.
Accessory buildings and structures. Accessory buildings
and structures shall be permitted in all districts, subject to the
following:
(1)
Not more than three accessory buildings and structures shall be permitted on a lot in a residential district, except as approved in accordance with § 130-10D.
[Amended 1-28-1991 by L.L. No. 1-1991]
(2)
The gross floor area of all principal and accessory
buildings, regardless of size, located on a lot shall comply with
the maximum lot coverage requirements of this chapter.
(3)
The following shall be considered accessory buildings
and structures for the purposes of this subsection: tennis courts,
paddle tennis courts, swimming pools, garages for passenger vehicles
or one vehicle with commercial registration under 5,000 pounds gross
vehicle weight, greenhouses, playhouses, garden houses, toolhouses,
stables, barns, solar energy collectors.
(4)
Accessory buildings and structures not greater than
100 square feet in floor area and not more than 10 feet in height
measured to the highest point of the building or structure may be
located not closer to a side or rear yard than 1/3 of the side yard
and rear yard dimensions specified in this chapter. Accessory buildings
and structures shall comply with the front yard setbacks specified
herein.
(5)
Individual accessory buildings and structures greater
than 100 square feet in floor area or greater than 10 feet in height
shall meet the following requirements:
[Amended 4-24-2000 by L.L. No. 2-2000]
(a)
Accessory buildings and structures permitted
under this subsection shall comply with the front, rear and side yard
and building coverage requirements specified herein and shall be limited
in height to a maximum of 20 feet measured to the highest point of
the building or structure.
(b)
The construction of an accessory building or
structure over 2,500 square feet in floor area or greater than 20
feet in height shall require the issuance of a special permit by the
Zoning Board of Appeals.
P.
Garage sales. Garage sales may be conducted from a
property in a residential district, provided that:
Q.
Animals.[1]
(1)
General regulations. The following regulations apply
to the maintenance of animals in all districts:
(a)
The maintenance, breeding, raising, purchase
and/or sale of all animals and their products, including but not limited
to milk and eggs, is considered an accessory use and is permitted,
subject to the requirements listed below.
(b)
No venomous snakes or wild animals shall be
permitted in residential districts.
(c)
All animals living primarily within the residence
and not regulated below are excluded from these regulations.
(d)
All feed shall be housed in rodentproof containers.
(e)
All animals shall be suitably contained to prevent
damage to persons and property.
(2)
Regulations for specific animals.
(a)
Fowl (such as chickens and ducks). The maintenance
of four or fewer fowl is permitted as an accessory use in the R-40
District. No unneutered roosters shall be permitted. All fowl shall
be kept in an enclosed area at least 75 feet from any lot line.
(b)
Horses, cattle, goats and sheep. The maintenance
of these animals is permitted as an accessory use, subject to the
conditions listed below:
[1]
Two acres of lot area are required for the first
animal. One acre of lot area shall be required for each animal above
one. Abutting lots with common beneficial ownership shall be considered
a single lot.
[2]
All animals, barns and manure storage areas
shall be contained by a fence located at least 50 feet from each property
line and 150 feet from any existing residence other than that on the
lot. All fences shall be at least five feet in height and shall be
of one of the following types, and fencing shall be determined by
the Code Enforcement Officer to be strong enough to contain the fenced
animals:
[3]
Commercial livery stables are not permitted.
R.
Storage of vehicles or boats. In all residential districts,
the storage of not more than one unoccupied recreational vehicle or
boat or one unregistered vehicle shall be permitted so long as such
vehicle or boat is stored only within a side or rear yard. No stored
vehicle or boat shall exceed 35 feet in length.
[Amended 1-22-2001 by Ord. No. 2-2001]
S.
Air-pressure buildings. No air-pressure buildings
are permitted in any district.
T.
Municipal uses. Notwithstanding any other provision
to the contrary, structures owned or occupied by the Village of Pomona
in the performance of its municipal functions shall be exempt from
the provisions of this chapter.
U.
Swimming pools. All swimming pools, as defined in
this chapter, shall be completely enclosed by a fence or wall with
a minimum height of five feet. All such fences must contain a maximum
vertical interspace of two inches and must have self-closing and self-latching
gates, with latches placed at least four feet above the ground or
otherwise made inaccessible to small children. The fencing shall be
determined by the Code Enforcement Officer to be strong enough to
ensure pool security.
A.
Conformance required. No special permit use or nonresidential
use shall hereafter be established, altered, moved or expanded unless
it complies with the performance standards set forth in this section.
Continued conformance with such standards shall be a requirement for
the continuance of any certificate of occupancy. Central utility systems
serving three or more dwelling units, including but not limited to
systems providing heat, water, air conditioning, sewage treatment,
garbage collection and electrical power, shall be deemed to be nonresidential
uses for the purposes of this section.
B.
Purposes. Consistent with the general purposes of
this chapter, performance standards shall set specific controls on
potentially objectionable external aspects of nonresidential uses
so as to:
(1)
Reduce to a reasonable minimum the dissemination of
smoke, gas, dust, odor or other atmospheric pollutant outside the
building in which the use is conducted.
(2)
Control noise perceptible beyond the boundaries of
the site of the use.
(3)
Prevent the discharge of untreated or insufficiently
treated wastes into any watercourse.
(4)
Prevent the dissemination of vibration, heat or interference
beyond the immediate site on which the use is located.
(5)
Prevent physical hazard by reason of fire, explosion,
radiation or any similar cause.
(6)
Regulate and control the generation and flow of vehicular
traffic so as to prevent hazardous conditions, traffic congestion
and excessive noise in the streets.
D.
Standards for vibration.
(1)
Method of measurement. For the purpose of measuring
vibration, a two-component measuring system approved by the Planning
Board shall be employed.
(2)
Maximum permitted steady-state and impact vibration
displacement. No activity shall cause or create a steady-state or
impact vibration on any lot line with a vibration displacement by
frequency bands in excess of that indicated in the following table:
|
Vibration Displacement
(inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
| |
|
Under 10
|
.0005
|
.0010
| |
|
10 - 19
|
.0004
|
.0008
| |
|
20 - 29
|
.0003
|
.0006
| |
|
30 - 39
|
.0002
|
.0004
| |
|
40 or more
|
.0001
|
.0002
| |
E.
Standards for smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate
matter shall not be permitted, regardless of quantity, if it will
be in any way detrimental to the public health, safety, welfare or
comfort or a source of damage to property.
(2)
Method of measurement of smoke. For the purpose of
grading the density of smoke, the Ringelmann Smoke Chart shall be
used to determine the total smoke units emitted. A reading shall be
taken every minute for an hour, or if less than an hour, until the
total smoke units emitted exceed the number allowed by these regulations.
Each reading shall be multiplied by the number of minutes during which
it was observed and the products added.
(3)
Maximum permitted emission of smoke. There shall be
no measurable emission of smoke, gas or other atmospheric pollutant.
The emission of one smoke unit per hour and smoke with discernible
density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for
indirect heating from any source shall not exceed 0.30 pound of dust
per thousand pounds of flue gas adjusted to 50% excess air for combustion.
(b)
There shall be no measurable emission of dust
or other particulate matter not related to combustion for indirect
heating.
(c)
All properties shall be suitably improved and
maintained with appropriate landscaping and paving or other type of
improvement so that there will be no measurable windblown dust or
other similar types of air pollution created.
F.
Standards for odorous matter. No land use shall be
permitted which emits any discernible odor outside the building in
which the use is conducted.
G.
Standards for toxic or noxious matter. No use shall
be permitted which will cause any dissemination whatsoever of toxic
or noxious matter outside the building in which the use is conducted.
H.
Standards for radiation and electromagnetic interference.
(1)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
(2)
Electromagnetic interference. No operation shall be
permitted which produces any perceptible electromagnetic interference
with normal radio or television reception in any area within or without
the Village.
I.
Standards for fire, explosive hazard and heat.
(1)
Fire and explosive hazard. No storage or manufacture
of explosives, or solid materials or solid products which burn actively
or which have a low-ignition temperature, a high rate of burning or
create great heat under ordinary temperature conditions shall be permitted.
(2)
Heat. There shall be no emission of heat which would
cause a temperature increase in excess of 1° F. along any adjoining
lot line, whether such change be in the air, in the ground or in any
watercourse or water body.
J.
Standards for liquid or solid wastes. The discharge
of any or all wastes shall be permitted only if in complete accordance
with all standards, laws and regulations of the Rockland County Health
Department, New York State Department of Environmental Conservation
or any other regulatory agency having jurisdiction. Facilities for
the storage of solid waste shall be so located and designed as to
be screened from the street or from any adjoining property and as
to discourage the breeding of rodents or insects.
K.
Standards for vehicular traffic. No home occupation
or special permit use shall be permitted where it is determined by
the Planning Board that the type and number of vehicle trips it is
estimated to generate would be expected to produce unusual traffic
hazards or congestion or cause or induce emissions which may be expected
to interfere with the maintenance of air quality standards established
by the United States Environmental Protection Administration, the
New York State Department of Environmental Conservation or other regulatory
agency having jurisdiction due to the design or capacity of the highway
system, the relationship of such proposed use to surrounding or nearby
uses or other factors affecting air pollution arising from mobile
source activity.
L.
Procedure.
(1)
In the case of any application for the establishment
of a use subject to the performance standards, the Planning Board
may require the applicant, at his own expense, to provide such evidence
as it deems necessary to determine whether the proposed use will conform
to said standards.
(2)
If the Planning Board deems it necessary, expert advice
may be obtained, with the cost of such advice paid for in advance
by the applicant as a condition of further consideration of his application.
The report of any expert consultants shall be promptly furnished to
the applicant.
(3)
During the course of subdivision or special permit
review, the Planning Board will determine if the applicant's proposal
will conform to the performance standards.
A.
New construction is permitted only on a lot which
fronts on a publicly maintained road or on a road shown on a map filed
at the Rockland County Clerk's office.
B.
All buildings must conform to and be erected in compliance
with the New York State Uniform Fire Prevention and Building Code.
C.
Any alteration or improvement of a site, including
the grading of the land and the location of facilities, shall not
adversely affect adjacent properties.
D.
No person, firm or corporation shall strip, excavate
or otherwise remove topsoil for sale or for any use other than on
the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises
or the grading incidental thereto, except by approval of the Zoning
Board of Appeals. At least six inches of topsoil must exist or be
placed on land cleared for construction.
E.
No cut trees, timber, stumps, debris, rocks, stones,
junk, rubbish or other waste materials of any kind shall be buried
in any land or left deposited on any lot or street. If a building
permit has been previously issued for premises, no certificate of
occupancy shall be issued unless the conditions described above have
been remedied nor shall any building permit or certificate of occupancy
in the same subdivision be issued unless such conditions have been
remedied on the lot or lots in question.
[Amended 4-22-1996 by L.L. No. 2-1996]
F.
Rocks unearthed during construction shall be removed
from the lot unless a specific request from the home buyer, in writing,
is presented to the Code Enforcement Officer.
G.
No live tree with a circumference of 25 inches or
more measured at a height 4 1/2 feet above existing ground level
at the base of the tree on the uphill side shall be removed from any
land except where necessary for construction thereon and with the
approval of the Code Enforcement Officer. Trees to be preserved as
hereinabove set forth shall be fenced outside their drip lines and
shall have no grade change or earthwork performed within said drip
lines without written approval of the Code Enforcement Officer. Removal
of each tree shall be construed as a separate offense. This section
shall not apply to a residential lot improved by a residential structure
which lot may not, under the bulk provisions of this Zoning Law, be
further subdivided.
[Amended 10-24-1988 by L.L. No. 6-1988; 11-25-2003 by L.L. No. 9-2003; 3-28-2005 by L.L. No. 2-2005]
H.
No person shall conduct or cause to be conducted any
land operations to clear, fill or grade any property without securing
a building permit (hereinafter referred to in this section as "permit")
from the Building Inspector.
[Added 6-23-1997 by L.L. No. 8-1997; 11-13-2000 by L.L. No.
9-2000]
(1)
The following information or exhibits are required
in order to secure a permit:
(a)
Engineering drawings showing the tax lot upon
which the activity will be conducted.
(b)
The names and addresses and the section, block
and lot numbers of all contiguous property owners, and the names and
addresses and section, block and lot numbers of all property owners
located within 500 feet of the proposed site.
(c)
A plan showing all existing and proposed contour
lines, amounts of fill to be placed or displaced, location of trees
with a circumference of 25 inches or more measured at a height 4 1/2
feet above existing ground level at the base of the tree on the uphill
side and road access to the site.
[Amended 11-25-2003 by L.L. No. 9-2003]
(d)
An erosion control plan and a plan for stabilizing
the fill.
(e)
Preliminary copies of any contracts to perform
such clearing, filling and grading, which contract shall state that
it is subject to this chapter of the Code, which shall be attached
to and become a part of such contract.
(f)
Documentation regarding permit status with the
New York State Department of Environmental Conservation prior to the
issuance of a permit. Any New York State Department of Environmental
Conservation permit required must be in effect prior to the Village
issuing a permit.
(g)
Proof of liability insurance adequate to cover
the intended work pursuant to the terms of the permit. The Village
shall be named as an additional insured on the applicant's policy.
The applicant shall by a separate instrument agree to indemnify and
hold harmless the Village from any claims arising out of the intended
activity.
(h)
Completion date and any other information which
the Building Inspector deems reasonable in reviewing the application.
(2)
Operations shall be conducted only during daylight
hours, but not earlier than 7:00 a.m.
(3)
The Building Inspector may refer such application
to the Village Engineer and other Village agencies for their review
and recommendation.
(4)
Clearing, filling and grading shall be done in such
manner as not to result in an increase of surface water runoff onto
any other properties and shall not result in any conditions which
increase erosion or result in any unstable conditions upon the site
or adjacent properties or wetlands.
(5)
The Building Inspector may contract appropriate surveillance
of the site on a twenty-four-hour, seven-days-per-week basis until
the activity is completed. The applicant shall be required, as a condition
of the permit, to sign the permit authorizing the Village, its employees
or agents to enter onto the applicant's property and to conduct the
appropriate surveillance. Any and all costs for this service will
be estimated by the Building Inspector prior to the issuance of a
permit, and the applicant will then be required to post a certified
check to cover such costs.
(6)
The Building Inspector may impose any other reasonable
conditions on the permit, such as screening, access controls, dust
controls, site security, etc., which the Building Inspector believes
are necessary in order to adequately maintain the site.
(7)
A permit to clear, fill or grade property shall not
be required for the planting of landscaping, grading low areas with
a total of 15 or fewer cubic yards of fill material, correcting hazards
representing an imminent threat to life or property, removal of dead
trees, harvesting of firewood not to exceed four live trees per year
25 inches in circumference or more measured at a height 4 1/2
feet above existing ground level at the base of the tree on the uphill
side, or for land development pursuant to but not prior to the issuance
of a building permit, an approved and filed subdivision plat or an
approved site plan. A protected tree, as defined in this chapter,
shall be preserved unless such tree endangers the health or safety
of any person or interferes with the use or construction of any structure
on the lot or is a dead tree as determined by a landscape architect
or similar professional. An application for a building permit to remove
a protected tree shall include a revegetation or replacement plan
for replacement of the tree to be removed, Replacement may be proposed
in another location on the same lot and is not required to be of the
same species or size of the tree to be removed.
[Amended 11-25-2003 by L.L. No. 9-2003; 3-28-2005 by L.L. No. 2-2005]
(8)
The applicant shall be required to post a letter of
credit issued by a bank having a branch in Rockland County, New York,
money or other security acceptable to the Village, in in amount to
be determined by the Building Inspector and in a form satisfactory
to the Village Attorney, to be posted with the Village Clerk to guarantee
the satisfactory restoration of any state, county or Village roads
or other public property which might be damaged as a result of the
activities of the applicant in clearing, filling and grading pursuant
to the terms of this section. In the event that the applicant fails
or refuses to make the necessary repairs, the Village Board shall
forfeit the letter of credit or money security deposit in order to
underwrite the expense of making such repairs.
(9)
All expenses incurred by the Village in connection
with making the necessary repair, including but not limited to any
administrative and legal costs relating thereto, either not covered
by the performance security or in excess of the performance security,
shall be assessed against the land on which said clearing, filling
and grading has occurred and shall be levied and collected in the
same manner as provided in Article 5 of the Village Law for the levy
and collection of real property taxes.
I.
No building permit shall be issued for construction
of any residence until a plan for installation of street trees in
size, species and number as required by Village specifications has
been submitted and approved by the Building Inspector or Village Engineer.
A cash bond or letter of credit in an amount to be determined by the
cost of the number of trees to be installed shall be posted with the
Village prior to issuance of the building permit. Said trees shall
be installed within the right-of-way not less than six nor more than
10 feet back from the pavement prior to issuance of a certificate
of occupancy for said construction.
[Added 2-23-2004 by L.L. No. 1-2004;
amended 8-14-2006 by L.L. No. 3-2006]
