Village of Dobbs Ferry, NY Supplementary Regulations

Editor's Note: Appendix D is included at the end of this chapter.

The Zoning Board of Appeals may grant the application upon a finding that the standards provided in the New York State Village Law at § 7-712-b for the granting of area variances have been met.

The Zoning Board of Appeals shall decide a request for such improvement in accordance with applicable law after the close of the public hearing. Following a decision by the Zoning Board of Appeals, the application shall also be subject to any other review that may be required, including but not limited to site plan review and design and historic review.

§ 300-39 Accessory dwelling unit.

[Amended 6-14-2011 by L.L. No. 6-2011; 7-12-2022 by L.L. No. 4-2022]

Legislative intent and purpose. The intent and purpose of this section are to:

Provide opportunity for the right to establish smaller dwelling units as incidental and subordinate to single-family dwellings in the Village of Dobbs Ferry and to ensure that any accessory dwelling unit meets applicable building, fire and safety standards.

Establish smaller dwelling units without increasing building density by utilizing residential and accessory building resources as a means to meet the housing needs of populations which may be underserved, especially single persons and couples of all ages with fixed, low and moderate incomes, and relatives of existing residents of Dobbs Ferry.

Provide economic support for resident individuals and families, particularly property owners who would benefit from rental income due to fixed or moderate means, for whom there are limited housing options should they desire to remain in the Village.

Encourage diversity in the housing stock options and the residential population of Dobbs Ferry.

Promote the health, safety and welfare of the residents of the Village of Dobbs Ferry and preserve property values.

Requirements for special permits for accessory apartments. No special permit for an accessory dwelling unit shall be approved unless the Planning Board finds that all of the following requirements are met:

The accessory dwelling unit is allowed by special permit in accordance with Table A-1 of this chapter.

The accessory dwelling unit must be located in a principal building of a one-family dwelling or in a permitted accessory building on the same property.

The owner of the one-family dwelling unit must occupy either the principal dwelling or the accessory dwelling unit as a principal residence.

The minimum floor area for an accessory dwelling unit shall be 300 square feet, but in no case shall it exceed 33% of the floor area of the principal dwelling or 800 square feet, whichever is less, unless, in the reasonable opinion of the Planning Board, a greater or lesser amount of floor area is warranted by the specific circumstances of a particular building.

An accessory dwelling unit shall not contain more than two bedrooms, each meeting requirements of applicable codes, including building, fire and safety and zoning.

Although no additional parking shall be mandatory for an accessory dwelling unit, a parking assessment shall be made on a case-by-case basis during the review of the special permit application by the Planning Board. At a minimum, existing required parking for the primary dwelling must be maintained or replaced on site.

Except for improvements mandated by NYS Uniform Code requirements, no exterior changes shall be made to the building in which the accessory dwelling unit is located that, in the reasonable opinion of the Planning Board, would significantly alter the appearance and character of the building as a single-family residence or accessory structure.

During the review of any application for an accessory dwelling unit special permit, the Planning Board shall consider the effect of the proposed accessory dwelling unit on parking, traffic, noise, congestion, appearance, and other site-specific factors that the Planning Board reasonably deems relevant to potential impacts on the neighborhood. Following consideration of these site-specific criteria, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the addition of an accessory dwelling unit use to the subject property. The Planning Board may refuse to issue a special permit if it finds that the cumulative effects from approved accessory dwelling units in the neighborhood, including the one proposed, will adversely affect the character of the neighborhood.

The accessory dwelling unit must adhere to current residential design guidelines (as captured in Chapter 300, Appendix G "Residential Design Guidelines").

(10)

The accessory dwelling unit must comply with all relevant New York State Uniform Codes, including all requirements for a dwelling unit.

(11)

No open violations of the Dobbs Ferry Code shall exist at the time of application for an accessory dwelling unit special permit.

(12)

A maximum of 50 validly issued accessory dwelling unit special permits shall be permitted Village-wide. The limit on the number of accessory apartment special permits may not be varied by the Zoning Board of Appeals.

Procedure for special permits for accessory dwelling units. In addition to the procedures set forth in § 300-53, the following requirements must be met for a special permit for an accessory dwelling unit:

An applicant for a special permit for an accessory dwelling unit shall provide:

A sworn affidavit stating compliance with Subsections B(3) and (5).

A site plan prepared by a licensed professional based on a property survey indicating existing buildings, walkways, and the location of existing and proposed off-street parking.

A plan prepared by a licensed professional of:

Floor plan of the proposed accessory dwelling unit; and

Any portion of the building in which it is to be located necessary to demonstrate compliance with all applicable New York State Uniform Codes.

The Building Inspector, or his/her designee, shall conduct a physical inspection of the proposed accessory dwelling unit and the building in which it is located and report the results to the Planning Board.

In granting a special permit for an accessory dwelling unit, the Planning Board shall have the authority to impose such reasonable restrictions and conditions as are consistent with the purposes of this chapter, including but not limited to landscaping or other means of buffering.

Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory dwelling unit in a principal dwelling building or the conversion of a portion of an accessory building to an accessory dwelling unit use, the applicant must obtain approval of the proposed method of water supply and sewage disposal from the Westchester County Department of Health and shall coordinate such approval with the Village.

Expiration: renewal.

All changes of building ownership require reinspection per § 204-21 of the Village Code. A change in building ownership requires a transfer of the special use permit for an existing permitted accessory dwelling unit.

An accessory dwelling unit special permit shall expire automatically if the new building owner does not apply for a special permit transfer within 90 days of the change of ownership of the building. The new owner must meet all the requirements set forth in this section in order to obtain the transfer of a permit. The new owner shall not be deemed in violation of this section as long as the application is pending. Should a new owner maintain an accessory dwelling unit but fail to apply for a special permit transfer within 90 days from the taking of title, the new owner shall be deemed in violation of this chapter.

In such event, the tenant of the accessory dwelling unit shall be permitted to remain for up to the end of their current lease, if the owner of the residence so consents unless the Planning Board approves an additional extension of time by resolution upon receipt of a written request by the property owner for such extension.

Penalties.

Any property owner who allows occupancy of an accessory dwelling unit in violation of this section or any other provision of this chapter, or any condition imposed by the Village in connection with an accessory dwelling unit shall be subject to, at a minimum, revocation of any special permit issued in connection with the accessory dwelling unit.

In addition to the foregoing, any property owner who fails to obtain an accessory dwelling unit special permit or who allows occupancy of an accessory dwelling unit in violation of this chapter, or any condition imposed in connection with the special permit shall be guilty of an offense punishable by a fine of not less than $2,000. Any continued violation shall constitute a separate additional offense and may be subject to applicable fines.

§ 300-40 Affordable housing.

[Amended 6-14-2011 by L.L. No. 6-2011; 6-25-2019 by L.L. No. 2-2019]

Dobbs Ferry is a community that takes pride in its diverse social character, which is due in large part to the range of housing types located within the Village of Dobbs Ferry. This social diversity may be threatened by a dramatic increase in housing values. The purpose of this section is to help ensure the continued availability of fair housing for residents of various income levels, which in turn will help maintain Dobbs Ferry's community character, and which further promotes the general welfare by increasing the potential for qualifying individuals or families who also may be workers and volunteers providing valuable services to the Village to be able to live in Dobbs Ferry. It is the objective of this section to address these purposes by requiring certain types and scales of development in the Village of Dobbs Ferry, taking place either through the construction of new structures or through the rehabilitation of existing structures, to contribute to the creation of affordable housing that affirmatively promotes fair housing consistent with the standards and conditions of this section.

Set-aside requirement, integration and appearance. Before the Board of Trustees may approve a site plan for a residential development, whether in single-family, two-family or multifamily buildings, the developer of such site plan shall include affordable housing units as follows:

For residential developments containing 10 dwelling units or more, no less than 10% of all units in such development shall meet the definition of an "affordable housing unit" as set forth in this chapter. Where the number of proposed units results in a partial affordable unit, the number of units shall be rounded according to the rules of § 300-9F(1). In residential developments of five to nine units, at least one affordable housing unit shall be created. The Village Board may mandate in its reasonable discretion a higher percentage of affordable housing units of up to 15% on appropriate sites, such as where there is no or marginal land cost and significant infrastructure already in place. A typical site of this nature would be an existing office/commercial center with developed utilities, access and parking spaces.

Affordable housing units shall generally be located and distributed evenly throughout the development, although the Board of Trustees and Planning Board may use reasonable discretion in reviewing and approving distribution. Within new single-family developments, the affordable housing units may be single-family homes or may be incorporated into one or more two-family homes. Each single-family affordable housing unit may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the same development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development.

The exterior appearance of affordable housing units shall not distinguish them as a class from other units. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable housing units.

Affordable housing units shall be distributed among one-, two- and three-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Board of Trustees and Planning Board as being better suited to meeting the housing needs of the Village.

Notwithstanding provisions elsewhere in this chapter, the minimum gross floor area per affordable housing unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following, it being the intent that the minimum dimensional requirements of this section shall supersede any conflicting requirements elsewhere in this chapter:

Dwelling Unit	Minimum Gross Floor Area (square feet)
Efficiency	450
1-bedroom	675
2-bedroom	750
3-bedroom	1,000 (including at least 1.5 baths)
4-bedroom	1,200 (including at least 1.5 baths)

For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.

As an alternative or supplemental standard, the minimum gross floor area per affordable housing unit shall be in accordance with the standards set forth by the New York State Homes and Community Renewal and the New York State Housing Trust Fund Corporation.

For the sale or rental of affordable housing units, the following occupancy schedule shall apply:

Number of Bedrooms	Number of Persons
Efficiency	Minimum 1; maximum 1
1 Bedroom	Minimum 1; maximum 3
2 Bedroom	Minimum 2; maximum 5
3 Bedroom	Minimum 3; maximum 7
4 Bedroom	Minimum 4; maximum 9

No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable housing units created under this subsection. All units shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan to ensure outreach to racially and ethnically diverse households.

Resale and renewal requirements.

In the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of:

The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between the month that was two months earlier than the date on which the seller acquired the unit and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the municipality will designate a substitute index; and

The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price.

Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.

Applicants for rental affordable housing units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. If a resident remains eligible and has complied with the terms of the lease, said resident shall be offered successive renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law.

If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and the resident may be allowed to sign one additional one-year lease for the affordable housing unit they occupy, provided that:

The additional one-year term shall not be renewed unless said resident requalifies under the parameters of this chapter: and

During the one-year term, said resident pay the greater:

The rent amount payable under the provisions of this section; or

Thirty percent of the resident's monthly adjusted household income, but this increased rent may not exceed the market rent in that development for units with the same number of bedrooms.

Administration, rules and regulations.

The Board of Trustees shall be responsible for facilitating the affordable housing program and monitoring compliance with the affordable housing requirements of this section and shall have the authority to promulgate rules and regulations as may be necessary to facilitate, administer, implement and enforce same. Such rules and regulations shall be duly promulgated, then provided to and maintained by the Village Clerk among the official records of the Village and may be amended from time to time by a resolution of the Board of Trustees. The Board of Trustees may designate an individual, a Village Department or a local nonprofit agency or authority, such as the County of Westchester, to administer the program and monitor compliance in its stead.

To ensure that the affordable housing units shall remain subject to the affordable housing requirements, the property containing any unit subject to this section shall be restricted by means of a recorded declaration of restrictive covenants or equivalent restrictions in the deed of transfer, a copy of which and proof of its recording must be provided to the Village prior to the issuance of a certificate of occupancy for the unit so restricted. Among the covenants shall be a requirement that any subsequent owner of the unit meet all the requirements of this section and that the unit must be the primary residence of the household selected to occupy the unit in accordance with the applicable criteria. The restrictions placed on all affordable housing units shall run with the land and be effective for a period established by the Board of Trustees, but in no case shall such period be less than 50 years.

Maximum monthly rent and the maximum gross sales price, including lease renewal and resales, for an affordable housing unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the most current edition of the Westchester County Area Median Income Sales and Rent Limited available from the County of Westchester, a copy of which shall be available among the official records of the Village of Dobbs Ferry maintained by the Village Clerk.

Alternatives to set-aside. Upon a written request by an applicant for waiver as to all or some of the affordable housing units required by this section, the Board of Trustees, on a case-by-case basis, shall consider the request in light of the goals of the Affordable Housing Program and vote during a public meeting whether to take further action on such request in its sole discretion. In the event that the Board of Trustees affirmatively votes to consider the request, a determination may only be made following a public hearing duly published noticed no less than four or more than 20 days prior to the date of the hearing. The hearing shall be conducted to provide an opportunity for all who wish to be heard on the matter to comment on the request. At the hearing, it shall be the burden of the applicant to justify the waiver in light of the goals of the affordable housing program and provide evidence, which may consist of empirical financial data, that the inclusion of any or all the affordable housing units required by this section would render the development financially infeasible. After conducting a duly noticed public hearing, the Board of Trustees shall deliberate publicly by balancing the request for waiver against the goals of the affordable housing program and may vote to grant or deny such request, in whole or in part. In the event the request is granted in whole or part, the Board of Trustees shall:

Require the applicant to purchase, construct or affirmatively facilitate the construction of the affordable housing unit(s) at alternate location(s) within the Village; or

Require the applicant to deposit into the affordable housing fund a per-unit fee in lieu, in an amount to be determined by the Board of Trustees based upon the unique facts and circumstances of the proposed development; or

Require a combination of both Subsection C(4)(a) and (b) above, but in no event shall such combination fail to represent the totality of the applicant's obligation for required affordable housing units in the proposed development.

Expedited review process.

Preapplication meeting. The applicant for a development including affordable housing units shall be entitled to attend at least one preapplication meeting after meeting with the Building Department as the initial point of contact and review. At such preapplication meeting, a nonquorum number of representatives may be in attendance from the administration, relevant municipal agencies, boards, commissions, consultants and staff expected to play a role in the review and approval of the development application and construction. The purpose of the preapplication meeting will be to expedite the development application review process through:

The early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process;

The establishment of a comprehensive review process outline, proposed meeting schedule and conceptual timeline.

Meeting schedule and timeline. Municipal departments, agencies, authorities, boards, commissions, councils, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the pre-application to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including affordable housing units shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous pre-application meetings.

Municipal departments, agencies, authorities, boards, commissions, councils or committees with review or approval authority over applications for developments including affordable housing units shall give priority to such applications by placing applications for developments including affordable housing units first on all meeting and work session calendars and agendas and, when feasible, based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.

Applicability. This section shall not apply to any residential development that has received site plan approval prior to:

The effective date of this section; or

The effective date of any substantive revision hereto.

§ 300-41 Exterior lighting.

Purpose. The purposes of the exterior lighting standards are to:

Provide adequate light for safety and security;

Promote efficient and cost-effective lighting and to conserve energy;

Reduce light pollution, uplighting, light trespass, glare and offensive light sources, including but not limited to floodlighting and unshielded wallpacks, uplighting of buildings and signs;

Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky; and

Prevent inappropriate, poorly designed or installed outdoor lighting.

General standards.

Any light source or lamp that emits more than 900 lumens (13-watt compact fluorescent or 60-watt incandescent) shall be concealed or shielded with a full-cutoff-style fixture within an angle not exceeding 90° to minimize the potential for glare and unnecessary diffusion on adjacent property.

The maximum height of any lighting pole serving a residential use shall be 12 feet. The maximum height serving any other type of use shall be 15 feet; except in parking lots larger than five acres, the maximum height shall be 20 feet. Poles with a height of more than 12 feet shall be located at least 100 feet from any residential use.

No flickering, rotating or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

Light fixtures located within commercial buildings that project light outside of the building through windows or other openings shall be considered exterior lighting under this section.

Exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at the property lines and disability glare at any location on or off the property.

All parking areas lighting will be full-cutoff-type fixtures.

Uplighting is prohibited. Buildings, externally lit signs, displays and aesthetic installations must be lit from the top and illuminated downward. The lighting must be shielded to prevent direct glare and/or light trespass. The lighting must also be, as much as physically possible, contained to the target area. Internally lit signs are prohibited.

All building lighting for security or aesthetics will be full-cutoff or a shielded type, not allowing any upward distribution of light. Floodlighting is discouraged and, if used, must be shielded to prevent:

Disabling glare for drivers or pedestrians;

Light trespass beyond the property line; and

Light above a 90° horizontal plane.

Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.

All nonessential lighting shall be required to be turned off after business hours, leaving only the necessary lighting for site security.

New site lighting plans must follow guidelines in the recommended practices booklets published by the Illuminating Engineering Society of North America (IESNA).

Maximum light levels. Lighting shall comply with the maximum light levels, measured in footcandles, shown in the table below. Lighting levels at property lines adjacent to a public sidewalk or right-of-way may meet the maximum footcandles permitted for pedestrian walkways. Lighting for outdoor recreation facilities such as sports fields shall be determined by the Planning Board as part of the site review process.

Location	Residential Districts (footcandles)	Nonresidential Districts (footcandles)
Property line	1.0	2.0
Building entries	5.0	5.0
Parking areas	3.0	5.0
Pedestrian walkways	3.0	3.0

§ 300-42 Fences and walls.

General standards.

[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]

When a fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected. Fences that do not meet the requirements of this chapter shall be submitted to the AHRB for approval of materials and to the Zoning Board of Appeals for approval of height and opacity.

Fences, property walls, and retaining walls are not subject to setback requirements from property lines. Retaining walls with a height differential of less than 30 inches as measured from the grade at the low side to the grade at the high side do not require a building permit. All retaining walls with a height differential of 30 inches or greater as measured from the grade at the low side to the grade at the high side require a building permit and are subject to site plan review and approval. Except as set forth in Village Code § 300-18, all walls requiring a building permit shall be submitted to and approved by the AHRB.

[Amended 10-11-2022 by L.L. No. 7-2022]

Height.

Measurement.

Fence height shall be measured from ground level to the highest portion of the fence. Where the grade changes along the length of a fence, the high point of the fence shall generally follow the grade.

When a fence is erected upon a man-made berm or wall, the height shall be measured from the base of the man-made berm or wall.

For compliance with Subsection B(1)(b) above, fences or walls located on top of retaining walls or berms shall be limited to a height of four feet as measured from the grade at the bottom of the fence to the top of the fence or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.

Residential districts. In the residential districts, fences and walls shall not exceed a height of four feet in front yards and six feet in side and rear yards. Any fence installed in a front yard shall be of no greater than sixty-percent opacity (that is, it shall obscure no more than 60% of the view into the land).

Nonresidential districts. In zoning districts other than residential zoning districts, fences and walls shall not be permitted in front setback areas, except along side property boundaries, and shall not exceed a height of six feet on the remainder of front yards and in side or rear yards. When necessary for security purposes, taller fences may be approved by the Planning Board as part of the site plan review process.

Exemptions.

Required screening. Fencing provided to meet screening standards established by the Planning Board or any requirement of this chapter is exempted from the opacity standards of this subsection, but in no case shall the fencing exceed the maximum height limits of this subsection.

Exemption for recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this subsection. Such fences shall be constructed of vinyl-coated chain link material or other similar material so as not to create a solid or closed surface. Weaving of material between links or otherwise creating a closed fence surface is prohibited. Fences surrounding swimming pools shall meet State Building Code standards.

Exemption for safety. Major utilities, wireless telecommunication services facilities, government facilities, and other public safety uses shall be allowed to increase maximum fence heights to eight feet in front, side and rear yards when necessary for public safety reasons.

Materials. Fences, walls and gates adjacent to public rights-of-way shall be constructed of a durable and decorative material such as stone, brick, wrought iron or wood. Chain link or metal slat fencing is prohibited in the front yard, and electrified fences, razor wire and barbed wire are prohibited in any and all yards.

§ 300-43 Landmark and historic district designation.

[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]

Purpose.

The Board of Trustees finds that there exist within the Village places, sites and structures that have a special character or special historical or aesthetic interest or value in American, New York State and local history, architecture and culture; that it is feasible to preserve and continue the use of such places, sites and structures; and that such places, sites and structures face the danger of being demolished and destroyed without adequate consideration of the irreplaceable loss to the people of the Village of the aesthetic, cultural and historical values represented by such improvements.

The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the Village that reflect special elements of the Village's historical, architectural, cultural, economic or aesthetic heritage for the following reasons:

To foster public knowledge, understanding, and appreciation in the beauty and character of the Village and in the accomplishments of its past;

To ensure the harmonious, orderly, and efficient growth and development of the Village;

To enhance the visual character of the city by encouraging new design and construction that complements the Village's historic buildings;

To protect and promote the economic benefits of historic preservation to the Village, its inhabitants and visitors;

To protect property values in the Village;

To promote and encourage continued private ownership and stewardship of historic structures;

To identify as early as possible and resolve conflicts between the preservation of historic landmarks/districts and alternative land uses; and

(h)

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

Enabling authority. Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law, it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.

The Village Board may designate historic landmarks and historic districts.

Pursuant to the procedures in this subsection, the Board of Trustees may by resolution:

Designate as an historic landmark an individual building or other feature or an integrated group of structures or features on a single lot or site having a special character and historical, architectural or aesthetic interest or value;

Designate as an historic district a contiguous area containing a number of sites, buildings, structures or features having a special character and historical, architectural or aesthetic interest or value, and constituting a distinct section of the Village; and

Amend designations to add features or property to or from the historic landmark or historic district.

Upon designation, historic landmarks, scenic landmarks, and contributing properties within historic districts included in any such designation are subject to all the requirements of this chapter.

Initiation of designation for historic landmarks, scenic landmarks, and historic districts.

The designation of an historic landmark, scenic landmark, or historic district is legislative in nature which requires action by the Board of Trustees after a public hearing at which the recommendation made by the Architectural and Historic Review Board shall be considered. Designations or amendments to an historic landmark, scenic landmark, or historic district may be initiated by:

[Amended 5-9-2023 by L.L. No. 5-2023]

Resolution of the Planning Board or the Architectural and Historic Review Board; or

The application of an owner of an individual property proposed for designation as an historic landmark (or their authorized agents).

Pre-submission process: Applicants should submit a letter of intent to the Building Inspector. The Building Inspector will then hold a meeting with applicants to discuss the application process.

[Amended 5-9-2023 by L.L. No. 5-2023]

Application process: Applicants for historic district status shall complete and submit an historic district application, as well as individual property forms for each property within the proposed district. Applicants for historic landmark or scenic landmark status shall submit an individual property form. The individual property form will set forth a scoring system as part of an evaluation of whether a property or properties should be designated as an historic landmark, a contributing property within an historic district, or a noncontributing property within an historic district. The scoring system in the individual property form is a nonbinding guideline to be taken under advisement by the AHRB and the Board of Trustees.

[Amended 5-9-2023 by L.L. No. 5-2023]

Appendix K: Historic District Application and Individual Property Form.[1]

Editor's Note: Appendix K is included as an attachment to this chapter.

Once an application is deemed complete by the Building Inspector, it shall be referred to the Architectural and Historic Review Board. Within 60 days of receipt of a complete application from the Building Inspector, the Architectural and Historic Review Board shall schedule a public hearing. A notice of hearing shall be published at least once in a newspaper of general circulation in the Village not less than five days prior to the date of such hearing, and notice thereof shall be served by the applicant by certified mail postmarked at least five days prior to the day of the public hearing upon the owner or owners of the proposed landmark or the owners of the properties within the proposed historic district as shown by the current tax rolls of the Village. In the event the designation process has been initiated by one of the Village boards and not an individual applicant, the Village shall be responsible for serving the foregoing notice. If the designation process has been initiated by a property owner or owners, then the expense shall be borne by the property owner or owners. The public hearing shall be conducted in accordance with applicable law and shall be closed after providing opportunity for all parties to be heard on the application. A reasonable period may be designated by the reviewing Board after the close of the public hearing to accommodate receipt of written comments prior to public deliberation and Board action on the application.

[Amended 10-9-2018 by L.L. No. 8-2018; 5-9-2023 by L.L. No. 5-2023]

Criteria for recommendation.

Historic landmark: The AHRB may recommend, and the Board of Trustees may so designate, an individual property as an historic landmark if it meets the definition set forth in § 300-14.

Historic district: The AHRB may recommend, and the Board of Trustees may so designate, a group of properties within the Village as an historic district if a majority of properties therein:

Meet one or more of the criteria for designation as an historic landmark, regardless of having within its boundaries other properties or structures that are not of such historic and/or architectural significance to be designated as landmarks, and are therefore designated as "noncontributing properties;" and

Constitute a unique section of the Village by reason of possessing those qualities that would satisfy such criteria.

Scenic landmark: The AHRB may recommend, and the Board of Trustees may so designate, a structure, feature or resource that is not a building, such as bridges, piers, parks, gateways, cemeteries, sidewalks, clocks, or trees, which meet the definition of an historic resource, as a scenic landmark. Recommendations for designation must be accompanied by such historical and architectural information as is required by the AHRB to make an informed recommendation concerning the application.

Properties that have achieved significance within the past 50 years are not considered eligible for designation under this chapter unless they are:

Integral parts of historic districts that meet the criteria for designation; or

If they are properties of exceptional importance.

Within 90 days of the close of the public hearing, the AHRB shall adopt specific written findings and conclusions recommending that the property or properties be deemed historic or not historic and shall forward said recommendation to the Board of Trustees. The recommendation shall include a description of characteristics of the landmark or district justifying its designation or nondesignation, a description of the particular features that should be preserved, and a list of contributing and noncontributing properties and structures. The AHRB may also indicate alterations that would have a significant impact upon or be potentially detrimental to the landmark site or the district. The boundaries of each individual landmark, scenic landmark, or historic district shall be specified in detail with reference to the Tax Map identification number. The recommendation shall be filed, in writing, in the Village Clerk's office and there made available for review by the public. Failure of the AHRB to make a recommendation or nonrecommendation within 90 days of the close of the public hearing shall cause the application to be forwarded directly to the Board of Trustees under Subsection (7) below.

[Amended 10-9-2018 by L.L. No. 8-2018]

Procedure before the Board of Trustees for designating historic landmark, scenic landmark, or historic district.

After receipt of a recommendation from the Architectural and Historic Review Board recommending approval of a proposed designation, amendment or revocation of an historic landmark, scenic landmark, or historic district, the Board of Trustees shall conduct a public hearing to consider the recommendation.

[Amended 5-9-2023 by L.L. No. 5-2023]

The public hearing shall be conducted in the same manner as set forth in Subsection C(4) above, except that deadlines for scheduling the hearing may be extended as required to meet all statutory requirements or otherwise by agreement of the parties. The Board of Trustees may approve (with or without modifications) or disapprove the proposed designation and shall adopt specific written findings and conclusions including whether the designation meets the purposes and standards set forth in this chapter in balance with the goals and policies of the Dobbs Ferry Vision Plan.

[Amended 5-9-2023 by L.L. No. 5-2023]

In each resolution designating an historic landmark, scenic landmark, or historic district, the Board of Trustees shall include a description of characteristics of the landmark or district justifying its designation, a description of the particular features that should be preserved, the location and boundaries of the landmark site or district, and a list of contributing and noncontributing properties and structures. The Board may also indicate alterations that would have a significant impact upon or be potentially detrimental to the landmark site or the district.

When the Board of Trustees has designated a landmark or historic district, the Village Clerk shall promptly notify the owners of the property included therein, and a copy of the designating ordinance shall be recorded in the Village Board minutes, with a copy forwarded to the Village Clerk and Land Use Officer. Designated historic districts shall be noted on the Village Zoning Map, and an indication of landmark designation shall be added to the property card for each property.

As with any legislative action, a decision by the Board of Trustees may be challenged only by a proceeding under Article 78 of the New York State Civil Practice Law and Rules.

[Added 5-9-2023 by L.L. No. 5-2023]

§ 300-44 Landscaping.

Purpose. This section is intended to ensure that appropriate landscaping is included as an integral part of new development in order to retain and increase property values and improve the environmental and aesthetic character of the Village.

Applicability. This section shall apply to all applications subject to site plan review.

Landscape plan required. All development applications subject to this section shall be accompanied by a landscape plan meeting the requirements established by the Village. The landscape plans shall be submitted and reviewed as part of the site plan review process and the Architectural and Historic Review Board process.

General landscaping standards.

Guarantee of installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. However, if the landscaping is not able to be installed prior to a certificate of occupancy being issued due to winter weather or other site limitations, the property owner shall post a financial guarantee for the improvements equal to 115% of the cost of improvements so that the certificate can be issued. Installation of the landscape improvements shall then be completed before June 30 of the following year. This guarantee shall be released upon acceptance by the Village of the completed landscaping.

Types of trees. The types of indigenous trees, shrubbery and grasses shall be selected from a list maintained by the Tree Commission. Invasive species shall not be permitted.

Maintenance. Every property owner and any tenants shall maintain and keep their landscaped areas in a well-maintained, safe, clean and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

Landscaped areas shall be kept free of trash, litter, weeds and other such materials or plants not part of the landscape.

All live plant material shall be maintained in a healthy and growing condition and must be replaced with live plant material of similar variety and size (size not to be smaller than the minimum required by this chapter at the time of replacement) if diseased, damaged, destroyed or removed within two years of installation.

The property owner or tenants shall provide all regular and normal maintenance of landscaping including weeding, irrigation, fertilization, pruning and mowing necessary to comply with this section.

Cleaning of abutting waterways and maintenance of landscaped areas in the public right-of-way adjacent to the property, unless such streets, waterways or landscaped areas are expressly designed to be maintained by a designated governmental authority.

The property owner shall not use live plant materials that exhibit evidence of insect, pest or disease and shall appropriately treat any and all damaged plants and shall remove and replace any and all dead plant material with living plant materials.

Failure to maintain landscaping. Failure to perform the required maintenance shall be considered a violation of this chapter, punishable under its procedures and penalties.

§ 300-45 Loading requirements.

Any nonresidential use with a gross floor area of 20,000 square feet or more shall provide one off-street delivery/loading space. The space shall be sufficient in size to accommodate vehicles which will serve the use. The location of the delivery/loading space shall not block or obstruct any public street, parking area, parking area circulation, sidewalk or pedestrian circulation area and shall be screened according to conditions established by the Planning Board. The requirements related to loading spaces may be modified by the Planning Board if the property owner demonstrates that the use of the building does not require an off-street loading space and that the safety of pedestrians, motorists, and bicyclists is not impaired, and may be increased in the number of spaces required by the Planning Board if the Planning Board determines that there is evidence that the proposed use is of such a nature as to require more than one delivery/loading space.

§ 300-46 Natural and scenic resource protection.

The purpose of this section is to protect and enhance the natural and man-made features that contribute significantly to the Village's scenic quality and character, including: varying topography and hillsides, floodplains, wetlands, significant trees, view corridors, and historic sites and areas.

General site design guidelines.

To the maximum extent practicable, where significant natural features or areas of historic or cultural value exist on a property or an adjacent property, an applicant shall give priority to their preservation by locating new development away from those features or areas;

Priority for protection shall be given to the features listed below. These features have not been listed in any order of significance. The relative significance of individual features shall be determined by the Planning Board.

Slopes of greater than 25%;

Views to the Hudson River and other significant view corridors;

Mature trees, specimen trees, and significant stands of trees and vegetation;

Floodplains, watercourses and natural drainage ways;

Wetlands;

Historic, cultural or archaeological sites, buildings, or areas recognized by the Village or another government agency as significant; and

Other significant and/or unique features.

Land use and development shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill, as determined by the Planning Board through the site review process.[1]

Editor's Note: Former Subsection A(4), regarding opportunities to connect or complete planned pedestrian connections, which immediately followed this subsection, was repealed 6-14-2011 by L.L. No. 6-2011.

Pedestrian connections. To the maximum extent practicable, where opportunities exist to connect or complete planned pedestrian connections such as trails or paths illustrated in the Vision Plan, Local Waterfront Revitalization Plan or other plans adopted by the Village, an applicant shall provide such facilities or reserve lands for the future construction of such facilities.

[Added 6-14-2011 by L.L. No. 6-2011[2]]

Editor's Note: This local law also renumbered former Subsections B through G as Subsections C through H, respectively.

Steep slopes. Development shall not be permitted in any area measuring 1,500 square feet or more with a slope of 35% or greater, subject to the following exceptions:

The Board of Trustees' and the Planning Board's justification for allowing development and/or disturbance within areas of steep slopes, particularly on lots where it would otherwise be possible to avoid the steep sloped areas, should be the protection and/or preservation of other environmentally sensitive features or the reduction of adverse environmental impacts on neighboring properties, provided that:

[Amended 6-14-2011 by L.L. No. 6-2011]

In considering disturbance and development within steep sloped areas, the Board of Trustees and the Planning Board shall require the implementation of appropriate engineering methodologies to prevent slope instability, erosion and/or sedimentation.[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Board of Trustees and the Planning Board may allow a driveway to cross an area with a thirty-five-percent or greater slope to facilitate access to a developable portion of a site when no other reasonable alternative exists.

Building in areas with more than twenty-five-percent slope or areas containing slide potential and other geotechnical hazards shall be avoided unless no alternative building site is available.

[Added 6-14-2011 by L.L. No. 6-2011]

View protection.

Purpose and intent. The Village of Dobbs Ferry finds that the natural landscape and visual quality of the community provides a sense of pride and individuality, setting it apart from other places. Special vistas, views and scenic areas contribute significantly to the quality of life, add to the value of property, and enhance the desirability and livability of the community. When development occurs on or in the vicinity of a well-recognized landmark or outstanding view it can have a dramatic negative effect upon the general character of the community. As part of the Vision Plan process, the Village has identified significant scenic views and view corridors from selected viewing places throughout the community. Views to the Hudson River, from both public and private property, are particularly important and demand consideration in the review of development applications. The purpose of these standards are to preserve the scenic quality of these resources and thereby promote a high quality of life, preserve property values, and promote sustainable economic development by limiting development that would reduce their visual integrity and to ensure that development does not block observation of a scenic view from delineated public viewing places.

Applicability. These view protection standards and guidelines shall apply to all development within the Village subject to site plan review.

[Amended 8-22-2017 by L.L. No. 6-2017]

View analysis.

Analysis required. Each development project with the potential to impact the visibility of the Hudson River or with the potential for visibility from any established viewing platform shall be subject to a view analysis during site plan review. (For purposes of this subsection, "potential" is defined as capable of being seen from a viewing platform if trees or large shrubs are removed, significantly pruned, or impacted by construction.)

[Amended 8-22-2017 by L.L. No. 6-2017]

Analysis methodology. The applicant shall be required to demonstrate the visibility (or lack thereof) of the proposed development. Methods for demonstrating visibility may include scale drawings, photo simulations, scale models, or three-dimensional digital models. At the discretion of the Planning Board, the applicant may be required to install "story poles" or balloons to identify the proposed building envelope and height. When story poles or balloons are used, the applicant shall take photographs of the project from appropriate established viewing platforms that clearly show the story poles and/or house and subject property.

Locations of viewing platforms. The locations of the public viewing platforms are established by the map included as Appendix E.[4] The Planning Board shall have the ability to amend that map from time to time as necessary to add or remove locations.

Editor's Note: Appendix E is included at the end of this chapter.

Views from other locations. While the focus of this subsection is on impacts to views from the established viewing platforms, the Planning Board and other reviewing boards shall consider impacts to views from private property as well in determining the overall impact on views of a development application.

Standards.

Visibility of a building or portion of a building from a viewing platform or other location shall not, in and of itself, be reason for denial of an application. However, the visual impact of buildings or portions of buildings that can be seen shall be mitigated to the maximum extent practicable by reducing the height of the building or moving the structure to another location on the site. Providing landscape screening is not an alternative to reducing building height or selecting a less visible site.

Existing natural features shall be retained to the maximum extent practicable and integrated into the development project. Site conditions such as existing topography, drainagecourses, rock outcroppings, trees, significant vegetation, wildlife corridors, and important views will be considered as part of the site analysis and will be used to evaluate the proposed site design.[5]

[5]

Editor's Note: Former Subsection D(4)(c), regarding building in areas with slide potential, which immediately followed this subsection, was repealed 6-14-2011 by L.L. No. 6-2011.

Tree protection.

Legislative intent; authority. The Village of Dobbs Ferry finds that trees contribute in many ways to the health, safety and general welfare of all Dobbs Ferry citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to riparian habitat, wildlife, energy conservation and the ecology of the area. Trees protect surface water quality, provide shade, offer windbreaks, reduce soil erosion and flooding, offer a natural barrier to noise and enhance the beauty and appearance of the Village. Conversely, indiscriminate and excessive cutting of trees and damage to trees can result in barren and unsightly conditions, increase surface drainage problems, increase municipal expense to control drainage, and impair the stability and value of developed and undeveloped property. Section 96-b of the General Municipal Law specifically empowers municipalities to provide for the protection and conservation of trees and related vegetation. The Village, having been given the authority pursuant to the Municipal Home Rule Law to amend or supersede provisions of state law relating to its property and affairs of government, intends by this section to promote the preservation of a healthy tree population throughout the community by means consistent with the reasonable use of private property. The Board of Trustees hereby amends the Village Code pursuant to the power vested in the Municipal Home Rule Law as follows.

Tree protection requirements.

Tree protection required. The owner of any premises shall exercise all reasonable care to preserve all specimen trees, significant stands of trees, or rare or endangered trees on the site during the course of development or redevelopment. In the event any such tree is damaged to the extent that it may die, in the opinion of the Land Use Officer, it shall be removed and replaced at the owner's cost and expense.

Financial guarantee. As a condition of site plan approval and prior to the issuance of a building permit, the owner may be required to deposit a financial guarantee in cash with the Village in an amount deemed sufficient to replace all specimen trees, significant stands of trees, or rare or endangered trees on the site. In addition, an agreement must be executed authorizing the Village to use that sum for the purpose of replacing damaged or destroyed landscaping if the plantings are not completed within a period of one year from the date of the issuance of the building permit. Any amount not so expended to be returned to the owner. Upon installation, all plantings are to be maintained and renewed by the owner as directed by the Land Use Officer.

[Amended 6-14-2011 by L.L. No. 6-2011]

Tree removal requirements.

Private property; undeveloped or subdividable lots. No person shall cut down, kill or otherwise destroy or commit any act which may lead to the destruction or eventual destruction of any tree, as defined in 300-2, on any undeveloped or subdividable lot, unless said person shall have obtained approval pursuant to this section.

Private property; developed lot. No person shall cut down, kill or otherwise destroy or commit any act which may lead to the destruction or eventual destruction of any protected tree, significant stand of trees or rare or endangered tree, as defined in § 300-14, on any developed property, unless said person shall have obtained approval pursuant to this section.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nuisance. Any tree or shrub growing on private property that is diseased or that is endangering or in any way may endanger the security or usefulness of a public street, public sewer or other public space shall be considered a public nuisance.

Powers of the Superintendent of Public Works. Nothing in this section will take away the powers of the Superintendent of Public Works dealing with public tree preservation.

[Amended 6-14-2011 by L.L. No. 6-2011]

Floodplains. As part of a site plan review procedure, the Planning Board shall ensure that the requirements of state and federal floodplains regulatory provisions, as well as the local requirements of Chapter 186 of the Code of the Village of Dobbs Ferry, are complied with where applicable, and shall take into account the presence of floodplains and other watercourses in the approval and assignment of conditions for approval of an application.

Wetlands. As part of a site plan review procedure, the Planning Board shall ensure that the requirements of state and federal wetlands regulatory provisions are complied with where applicable, and shall take into account the presence of any water features below the state and federal regulatory thresholds. In the case of wetlands greater than 4,000 square feet, the Planning Board is authorized to require a mitigation plan prepared by an environmental scientist, and the Planning Board may impose minimum buffer areas between the proposed disturbance and the edge of the mapped wetland.

Historic, cultural or archaeological sites. As part of a site plan review procedure, the Planning Board shall consider the impact of any application on historic, cultural or archaeological sites or features designated by the Village of Dobbs Ferry as landmarks or within historic districts, or designated or eligible for designation on a state or federal register of historic places.

§ 300-47 Nonconforming lots, uses, buildings and signs.

Intent. The regulations of this section govern nonconformities, which are lots, uses, buildings or signs that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more requirements of this chapter. In older communities such as Dobbs Ferry, many buildings and uses that were established in compliance with all regulations in effect at the time of their establishment have been made nonconforming by Zoning Map changes (rezonings) or amendments to the Zoning Ordinance text. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of zoning regulations). The regulations are also intended to:

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

Promote maintenance, reuse and rehabilitation of existing buildings;

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the community as a whole; and

Encourage the eventual elimination of nonconforming uses over time.

Determination of nonconformity status. The burden of proving that a nonconformity exists (as opposed to a violation of this chapter) rests with the subject landowner.

Authority to continue. Except as otherwise provided in this chapter, a nonconformity may be continued in conformance with the standards of this chapter.

Maintenance and restoration.

Nonconformities must be maintained to be safe and in good repair. Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted, consistent with all permit or approval requirements of this chapter.

A nonconforming building or portion of a building may be restored when destroyed by fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

A nonconforming use may be continued in a restored building or portion of a building destroyed by accidental fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

Nothing in this chapter will prevent the structural strengthening or restoring to a safe condition of any building, structure or component thereof declared unsafe by the Building Inspector.

Alteration, enlargement or extension of a nonconforming uses.

The alteration, enlargement or extension of a nonconforming use must be approved pursuant to a special permit issued by the Zoning Board of Appeals.

The alteration, enlargement or extension of a building that is nonconforming only with respect to dimensional standards as specified in Appendix B, Dimensional Tables,[1] shall not require a special permit, so long as the alteration, enlargement or extension conforms to all the requirements of this chapter.

Editor's Note: Appendix B is included at the end of this chapter.

Abandonment, discontinuance or reduction.

Any nonconforming use that is abandoned for a period of 12 consecutive months shall not thereafter be resumed.

Any nonconforming use that is intentionally reduced in number, character or extent for a period of 12 consecutive months may thereafter be continued only to the extent of the nonconformity remaining after such reduction.

An owner aggrieved by a determination by the Land Use Officer that a use has been abandoned, discontinued or reduced may request an appeal of that decision to the Zoning Board of Appeals for good cause.

Nonconforming signs. Nonconforming signs shall not be altered or replaced unless the alteration or replacement brings the sign(s) into conformity with this chapter. A change of lettering or text shall not constitute an alteration according to this provision. All signs existing prior to February 13, 2001, shall be exempt from the provisions of this chapter.

§ 300-48 Parking.

Purpose. This section is intended primarily to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, bicyclists and transit users. Parking areas are typically accessory to the principal land use on the site. Even in the case of a parking area that serves as the principal use on a lot, it is still secondary to the surrounding context that it is serving. As such, parking area design should reflect that relationship, reducing the visual prominence of the parking area while emphasizing the primary buildings and orienting pedestrians toward the principal entranceways and walkways. Standards in this section addressing the location and design of parking areas are intended to meet this purpose. A secondary purpose of this section is to address the quantity of parking provided. Minimum standards are provided for each use type, with the amount of parking for special permit uses to be determined through the site plan review process. Flexibility is provided in meeting these parking standards through alternative parking provisions.

Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size or density, and changes of use, as follows:

New development. Unless otherwise expressly stated, the parking standards of this section apply to all new development.

Expansions and increases in building size or density.

Nonresidential uses.

Unless otherwise expressly stated, the parking standards of this section apply when an existing nonresidential building or nonresidential use is expanded or enlarged by 15% or more. This provision applies to the addition of floor area or seating capacity, whichever is used for establishing the off-street parking requirements for the use.

(Reserved)[1]

Editor's Note: Former Subsection B(2)(a)[2], regarding expansion of existing nonresidential buildings or uses, was repealed 3-27-2018 by L.L. No. 4-2018.

If the expansion of a nonresidential building or use triggers requirements for additional parking, such additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use.

Residential uses. The parking standards of this chapter apply whenever additional dwelling units are added to an existing parcel or to a newly created parcel. In all such cases, additional off-street parking is required only to serve the additional dwelling units. Existing off-street parking deficits are not required to be reduced or eliminated when additional dwelling units are added to an existing parcel. However, existing accessory parking may not be reduced to be less than, or if already less than, may not be reduced further below, the minimum required parking standards set forth in Table C-1, Minimum Parking Required.[2] The intent of this provision is to ensure both that existing parking deficits in residential buildings are not increased as a result of additions and that existing deficits are not a deterrent to investment in existing properties.

Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.

Change of use.

When the use of a lot or building changes, additional off-street parking facilities must be provided when the number of parking or loading spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the building, based on the minimum parking standards of this chapter. In other words, the owner must provide parking equal to the difference between the parking requirement for the existing use and the parking requirement for the new nonresidential use, not the difference between the actual existing parking and the parking requirement for the new nonresidential use.[3]

Editor's Note: Former Subsection B(3)(b), regarding provision of parking spaces for changes of use in existing buildings, which immediately followed this subsection, was repealed 3-27-2018 by Ord. No. 4-2018.

General regulations.

All off-street parking areas and driveways, except those serving one-family houses, must be constructed with a suitably paved surface. Both impervious paving and pervious paving, such as pavers, pervious asphalt, and similar surfaces which allow some percolation of stormwater may be permitted. Loose gravel is not permitted except in OF Zones.

[Amended 3-27-2018 by L.L. No. 4-2018]

The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in public and private parking lots is prohibited.

Except for the purpose of making local deliveries or pickups, vehicles other than passenger vehicles and one light-weight van which could be registered as a passenger vehicle may not be parked or stored in any residential zoning district.

[Amended 3-27-2018 by L.L. No. 4-2018]

All required parking spaces shall be suitably drained. No required parking space or loading space shall exceed a grade of 5%, unless specifically permitted by the Planning Board.

No required parking spaces except in OF Districts shall be nearer than 10 feet to:

[Amended 3-27-2018 by L.L. No. 4-2018]

The wall of any building, except a building that is served by the parking or loading spaces.

A side or rear property line.

The boundary line of any adjoining areas zoned for residential use.

A street curbline or edge of street paving, when there is no curb.

Enclosed parking within primary and accessory buildings shall be exempt from this restriction.

Except for on-street parking that is permitted to satisfy parking requirements, no off-street parking spaces shall be located within a public right-of-way.

Parking area design.

Location. Off-street parking spaces must be located on the same lot as the use served except as allowed in Subsection H, Alternative parking requirements, below. Where practicable, parking should be located behind the front facade of the principal building on a lot.

Parking dimensions. Each off-street parking space for nonresidential use shall measure a minimum of nine feet in width by 18 feet in length. Each off-street parking space for residential use shall measure a minimum of eight feet six inches in width by 18 feet in length. Accessible parking spaces shall meet standards of the Americans with Disabilities Act.

Parking aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below, with varying aisle widths based on the angle of the parking stalls and the direction of traffic on the aisles.

Parking Angle (degrees)	One-Way Aisle Width (feet)	Two-Way Aisle Width (feet)
90°	24	24
60°	18	22
45°	13	20
30°	12	20
0° (parallel)	12	20

Parking area landscaping.

Purpose. Parking lot landscaping is intended to break up expanses of pavement, create shade, buffer views of parking lots from adjacent streets and buildings, and enhance the overall appearance of development projects.

Applicability. All parking lots with 12 or more parking spaces in total or eight or more spaces in a single row shall be subject to the requirements of this section.

Perimeter landscaping.

The view of parking areas from all abutting streets must be visually screened by permitted buildings, fences, walls, hedges, or by a combination thereof. Each fence, wall or hedge shall be not less than 2.5 feet in height and not more than four feet in height. This screening requirement is not to be interpreted as prohibiting the installation of or provision for openings reasonably necessary for access drives and walkways.

Where a parking area is located adjacent to a residential use, residential zoning district, clubhouse, community center, place of worship, day care, nursery school, educational use, hospital, or public park or open space, the screening requirement shall be met by a combination of building, fence, wall or hedge not less than five feet in height and not more than six feet in height. However, no fence or wall shall exceed the height limitations set forth under § 300-42.

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

At least one tree per 10 spaces shall be provided within the parking lot. No more than 12 contiguous spaces shall be permitted in a row without a landscaped interruption of at least five feet including curbing.

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site review process.

Minimum off-street parking standards.

Purpose. The minimum parking standards are intended to lead to the creation of enough off-street parking to accommodate most of the demand for parking generated by the range of uses on a site, particularly in areas where sufficient on-street parking is not available. They are also intended to lead to the creation of enough parking on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods.

[Amended 3-27-2018 by L.L. No. 4-2018]

Uses subject to special permit. The actual amount of parking required for any use subject to special permit shall be established by the Planning Board and the decisionmaking body for the application.

Rules for computing minimum parking requirements.

Where a fractional space results, the number of parking spaces required is the closest whole number. A half space will be rounded up.

[Amended 3-27-2018 by L.L. No. 4-2018]

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately, except for reductions allowed under the subsection entitled "alternatives to minimum parking requirements," below.

Minimum parking required. Off-street parking spaces shall be provided in accordance with Table C-1, Minimum Parking Required,[4] except as modified by Subsection H, Alternative parking standards, or as determined by the Planning Board during the site plan review.

Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.

Alternative parking standards. Properties located in nonresidential zoning districts are eligible for modifications to the parking requirements of Table C-1 per the following standards. In each case, an appropriate reduction in parking shall be determined by the Planning Board as part of the site review process, with the standards below provided as a guide. In some cases, additional parking reductions may be appropriate; in other cases, lesser reductions may be necessary in order to minimize impacts on surrounding properties and the Village as a whole.

On-street parking. At the discretion of the Planning Board, the minimum required parking spaces required by Table C-1 may be reduced by one space for every 25 feet of linear building frontage abutting a public right-of-way (not including alleys) with legal on-street parking. A fractional space of 0.6 or greater shall equal a single public parking space.

[Amended 6-14-2011 by L.L. No. 6-2011]

Cooperative parking. Cooperative parking represents an arrangement in which two or more uses provide their required off-street parking in the same parking lot, thereby reducing the number of individual parking lots and the number of curb cuts required to serve such lots. Reduced off-street parking requirements are available as an incentive for providing cooperative parking, and cooperative parking may be necessitated in some instances when new curb cuts are prohibited by other provisions of this chapter.

Calculation of cooperative parking reductions. The Planning Board is authorized to approve an adjustment allowing a reduction in the number of off-street parking spaces required when multiple users provide their off-street parking in the same parking lot, as follows:

Up to a twenty-percent reduction may be approved when four or more commercial users are involved;

Up to a fifteen-percent reduction may be approved when three commercial users are involved; and

Up to a ten-percent reduction may be approved when two commercial users are involved.

Location of cooperative parking facility. A use for which an application is being made for cooperative parking must be located within 1,250 feet walking distance of the cooperative parking, measured from the entrance of the use to the nearest parking space within the cooperative parking lot, subject to adjustment by the Planning Board.

Agreement. An agreement providing for cooperative use of parking must be approved by the Village Attorney and filed with the Land Use Officer. Cooperative parking privileges shall continue in effect only as long as the agreement remains in force. Agreements must guarantee long-term availability of the parking commensurate with the use served by the parking. In granting approvals for a use that will rely upon a cooperative parking agreement, the Planning Board may make the use contingent upon the agreement such that the permitted use would terminate if the agreement lapsed and alternative parking arrangements acceptable to the Planning Board could not be secured. If the agreement is no longer in force, all uses shall be considered nonconforming as to parking until additional parking is provided consistent with the standards of § 300-48.

Shared parking. Shared parking represents an arrangement in which two or more uses located on the same property with different peak parking demands (hours of operation) use the same off-street parking spaces to meet their off-street parking requirements.

Shared parking reductions criteria. Shared parking may be eligible for a reduction in the total amount of required off-street parking, subject to the following criteria:

The provided parking serves uses with different hours of operation.

All uses served by the shared parking are located within 1,250 feet of the parking facility

Calculation of shared parking reduction. The aggregate amount of parking required by Table C-1[5] for all uses sharing a parking facility may be reduced according to the standards below:

If an office use and a general sales and service use share parking, the parking requirement for the general sales and service use may be reduced by 20%, provided that the reduction shall not exceed the minimum parking requirement for the office use.

If a residential use shares parking with a general sales and service use, the parking requirement for the residential use may be reduced by 30%, provided that the reduction shall not exceed the minimum parking requirement for the general sales and service use.

If an office and a residential use share parking, the parking requirement for the residential use may be reduced by 50%, provided that the reduction shall not exceed the minimum parking requirement for the office use.

If two uses that have different hours of operation (typically one requiring parking during daytime hours and one requiring parking during nighttime hours) share parking, the total parking provided must equal the standard for the use with the higher parking requirement. The applicant shall be required to demonstrate that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

[5]

Editor's Note: Table C-1 is included as an attachment to this chapter in Appendix C.

Payment in lieu of parking (PILOP) program. A payment in lieu of parking for development located within a downtown zoning district may be accepted by the Board of Trustees to satisfy the off-street parking requirement as long as the following standards are met:

Amount. In developments where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time-only payment to the Village,. in an amount established by the Board of Trustees per parking space. The fee is based on a review of cost studies and standards in other similar communities, balanced with an interest in providing both an attractive option to pursue PILOP and the need to provide a reasonable fee that allows for additional parking construction.

Time of payment. The payment in lieu of parking fee shall be due and payable prior to the issuance of a certificate of occupancy. All funds shall be collected by the Building Department and transferred to the Village Treasurer for deposit in a separate interest-bearing account.

Use of funds. Monies in the account shall be used solely for the construction of a parking facility, transportation improvements, including vehicle or station improvements, transportation demand management facilities or programs, shared automobiles or programs, improvements to pedestrian facilities to make the Village more walkable, and similar transportation or mobility-related facilities or programs.

Periodic review of rate. In order to ensure that the payment-in-lieu rate(s) is fair and represents current cost levels, it shall be reviewed periodically.

Waiver of required parking spaces. A waiver for all or part of the required on-site parking, subject to all fees below, will be considered only wherein the Board of Trustees determines that development of the required parking on site or through use or expansion of cooperative or shared parking arrangements as detailed in Alternative Parking Standards of the Zoning Ordinance is not practicable and/or creates undesirable visual or other impacts.

Payment in lieu of parking fee schedule.

Developments requiring a waiver for one to five additional parking spaces shall make a payment of $5,000 per required parking space.

Developments requiring a waiver for six to ten parking spaces shall make a payment of $10,000 per required parking space.

Developments requiring a waiver for more than 10 additional parking spaces as above shall make a payment of $15,000 per required space.

Developments that are potentially eligible to request payments in lieu of parking as above may receive a fifty-percent payment reduction where the Board of Trustees determines that the proposed development includes the offer of donated land or easement to the Village which provides improved access or development potential in the Downtown.

§ 300-49 Screening.

Screening or buffering may be required by the Planning Board and the Architectural and Historic Review Board through their respective processes in order to provide reasonable and necessary transitions or separations between uses.

§ 300-50 Signs.

Intent. The purpose of this section is to promote and protect the public health, safety and welfare by regulating existing and proposed outdoor signs of all types and certain indoor signs. It is intended to protect property values and create a more attractive economic climate; to protect and enhance the physical appearance of the community and preserve its scenic, man-made and natural beauty by ensuring the signage is appropriate to the character of Dobbs Ferry and its commercial districts; to reduce visual pollution; to reduce sign distractions and obstructions that may be created by signs projecting and obstructions that may contribute to traffic accidents; and to reduce hazards which may be created by inappropriately designed or located signs.

General standards.

Permit required. Except as specifically exempted in Subsection C below, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a sign permit from the Land Use Officer pursuant to the results of review by the Architectural and Historic Review Board, along with any other reviews required by this chapter.

Consistency with Village character and building design.

The design, color, character, size and scale of signs shall be in keeping with and appropriate to the architectural design of the building or structure upon which the signs are placed, the design of the neighboring properties and adjacent signs, and the character of the Village of Dobbs Ferry.

To the maximum extent practicable, signs should fit within the existing architectural features of the building facade.

Corrugated plastic, cintra board and cardboard are prohibited as sign materials. Wooden signs with painted or engraved letters are strongly encouraged.

Plastic or laminated signs must have a wood substrate or layer no thinner than 1/2 inch and no thicker than two inches and must be framed with wood or metal to protect the edges.

Signs must be affixed to the building exterior using brackets on all four corners to ensure proper stability and safety. Signs shall not be drilled directly into the wall through the sign surface or frame or glued to buildings.

No old sign may be repurposed by removing or painting over letters or symbols.

Where a sign is removed, the business or property owner shall cover the sign location with a replacement sign similar in size to the former sign or by replacing materials consistent with the exterior materials of the facade.

Advertisements. No person, firm or corporation shall hang, place or cause to be placed any advertisement, placard or other notice (except legal notices), or paint or cause to be painted any advertisement or notice, on any post, pole, tree, fence or any other object in any public street, sidewalk or area in the Village, except by permission granted by the Board of Trustees. Such permission, if granted, shall be under such conditions as may be required by the Board of Trustees in each particular case.

Signs on public property. Except where otherwise noted, no sign may be placed on public property by anyone other than the Village itself without permission from the Village.

Exterior lights (dark skies). Exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at the property lines and disabling glare at any location on or off the property.

All parking area lighting will be full-cutoff-type fixtures.

Uplighting is prohibited. Buildings, externally lit signs, displays and aesthetic installations, must be lit from the top and illuminated downward. The lighting must be shielded to prevent direct glare and/or light trespass. The lighting must also be, as much as physically possible, contained to the target area.

[Amended 6-14-2011 by L.L. No. 6-2011]

All building lighting for security or aesthetics will be full-cutoff or a shielded type, not allowing any upward distribution of light. Floodlighting is discouraged, and if used, must be shielded to prevent:

Disabling glare for drivers or pedestrians;

Light trespass beyond the property line; and

Light above a ninety-degree horizontal plane.

Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.

All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security. Nonessential lighting could include display, aesthetic, parking and sign lighting.

Sign maintenance. All signs, together with all supports, braces, hoods, guys and anchors, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a safe and clean, neat and orderly appearance. The period for correction of disrepair shall not exceed 10 days from the date a notice of violation is issued to the violator by the Land Use Officer.

Sign removal. The Village of Dobbs Ferry may, with 30 days' prior written notice to the property and/or sign owner(s), remove sign(s) that are in violation of this section without further notice or further proceedings at the expense of the property and/or sign owner. The expense may be recovered by the Village in an action pursuant to this chapter that shall be instituted in the appropriate court having jurisdiction over this matter.

Removal of abandoned signs. Abandoned signs must be removed by the business or property owner within 30 days after written notice has been received from the Land Use Officer.

Exempt signs. The following types of signs may be erected and maintained without permits or fees, provided that they comply with the general and specific requirements of this chapter and the following standards:

Political signs.

All historical markers, tablets, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, and emblems installed by governmental bodies, religious or nonprofit organizations shall not exceed six square feet.

Nonilluminated warning, private drive, posted or "no trespassing" signs or the like that do not exceed two square feet.

Number and nameplates identifying residents by name, or residences by number, mounted on a house, apartment or mailbox, that do not exceed two square feet in area.

Temporary signs for garage or tag sales that do not exceed four square feet in area and which may only be displayed between the hours of 7:00 a.m. and 7:00 p.m. on the day(s) of the event. Such signs shall be promptly removed at the end of the sale.

"Open house" and "for sale" signs.

"Open house" signs on private property for sale or lease. In all residential districts, "open house" signs advertising the sale or rental of the premises can only be displayed between the hours of 8:00 a.m. and 6:00 p.m. on the day of the event. Said signs cannot be larger in size than five square feet and must be located on the subject property not closer than five feet to any property line. Said signs shall be removed at the end of each day they are displayed.

"Open house" signs on public property or private property other than property for sale. In all residential districts, for every open house a maximum of two signs on public property, other than the property for sale or lease, directing to or advertising the open house will be permitted, subject to the same restrictions in Subsection C(6)(a) above.

Temporary "for sale" signs. In all residential districts, only one temporary sign advertising the sale or rental of the premises can be displayed. Such signs cannot be larger in size than four square feet and must be located either on the front wall of a building or, if freestanding, then on the subject property not closer than 10 feet to any property line.

Directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally or externally illuminated.

Prohibited signs. Except where otherwise provided, the following signs are prohibited:

Off-premises signs;

Signs located in windows above the first story of a building;

Roof signs;

Signs on side walls of midblock buildings;

Illuminated signs that cause glare on an adjacent property;

Freestanding signs, except in the DG and CP Districts;

Animated signs;

Illuminated flashing signs;

Inflated signs;

(10)

Tethered balloons;

(11)

Signs incorporating projected images;

(12)

Signs that emit smoke, vapors or particles, sound or colors; and

(13)

Signs located in or projecting over a roadway except those erected by a governmental body.

Nonconforming signs; amortization.

Nonconforming signs may not be altered or replaced unless the alteration or replacement brings the sign(s) into conformity with this chapter. A change of text or lettering shall not constitute an alteration according to this provision, but does require review and approval from the Architectural and Historic Review Board.

Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) must be brought into compliance with all the provisions of this article. No lawfully preexisting, nonconforming sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more.

[Amended 6-14-2011 by L.L. No. 6-2011[1]]

Editor's Note: This ordinance also repealed former Subsections E(2) and (3), which immediately preceded this subsection.

Maximum permitted total sign area. The maximum permitted sign area in each zoning district, other than signage located on permitted awnings, shall be as follows:

OF and MDR-1 Districts: four square feet.

MDR-2, MDR-H, B and MF Districts: 16 square feet.

EI, WF-A, WF-B, DT and DB Districts: 100 square feet, except the maximum allowable gross surface area for a sign shall be 48 square feet per face, and the maximum gross surface area for a wall sign shall be 48 square feet.

DG and CP Districts: The aggregate area of signs shall not exceed a maximum of one square foot for each lineal foot of building frontage. No single sign, however, shall exceed a gross surface area of 200 square feet.

Dimensions of permitted signs.

Except in the DG and CP Districts, the maximum vertical height of any sign affixed to a building facade shall not exceed 24 inches. The maximum horizontal length of any sign shall not generally exceed 25 feet on any street frontage for the same business or otherwise exceed 100% of the street frontage of the building upon which such sign is erected or maintained.

Projecting signs and all irregularly shaped three-dimensional signs, including circular, oval, square or representational signs may not exceed a total sign area of nine square feet per side when viewed from any angle. In addition, such signs may not project more than 36 inches from the building facade and must not be less than seven feet from the ground.

Except in the DG and CP Districts, the maximum overall height of individual lines of letter groups (including upper- and lowercase letters) shall be 14 inches. Where there is more than one line of letters and/or graphic symbols, the combined height of letters and symbols shall generally not exceed 22 inches, including the space between the lines.

Where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this area. Such provisions in the existing building facade may be a justification in the opinion of the Architectural and Historic Review Board to approve a sign exceeding the maximum dimensions as stated above.

Signs in or on street level windows shall not exceed 30% of the glass area or window in which they are displayed.

The Architectural and Historic Review Board shall have the authority to approve signs that vary from the dimensions stated above when evidence is provided of historical signs on the same premises in the past. This authority, however, shall not obligate the approval of said signs, if in the opinion of the Architectural and Historic Review Board such a historical sign would not be in the general interests of the community.

Temporary signs. Temporary signs may be displayed only after receiving a temporary sign permit.

Temporary signs are subject to an abbreviated sign application, which shall include the purpose of the temporary sign(s); a description of the location and dimensions of the proposed temporary signs; the proposed duration and a signed statement affirming that the sign(s) will not violate the number, dimension and placement restrictions set forth in Subsections F and G above; and that the sign(s) will be removed within the time period specified in the permit.

Temporary signs that remain after the time limit noted on the permit may be removed by the Land Use Officer after written notice to the permit holder. Failure of the permit holder to comply within 10 business days of receipt of the notice will allow the Land Use Officer to remove the sign(s).

No temporary sign permit will be granted for more than 30 days.

No more than four temporary sign permits will be granted to a business in each calendar year.

Temporary sign permits will not be granted within 30 days of the expiration of the most recently granted temporary sign permit.

Temporary signs alone and or when combined with permanent signs shall not exceed 30% of the glass area or window in which they are displayed.

Temporary sign(s) shall not exceed more than one such sign per 20 linear feet of the principal store frontage with a maximum of four such signs per facade at any one time.

A-frame or sandwich board signs, while not considered temporary signs, shall count towards the maximum number of signs permitted for a property.

Sign directories.

Directory signs for off-street shopping plazas are permitted. Each business within the plaza/building may have a sign within the directory. The signs shall be of equal size and shape, and each sign shall not exceed three square feet in sign area. The total area for the sign directory shall not exceed 75 square feet.

Directory signs for buildings housing multiple businesses or professional offices are permitted. A sign directory shall be an attached sign. Each business within the building may have a sign within the directory. The signs shall be of equal size and shape, and each sign shall not exceed one square foot in sign area. The total area for the sign directory shall not exceed 20 square feet.

When a directory sign is erected, it shall be the one principal flat sign.

Externally illuminated signs.

Signs externally illuminated by an enclosed source, with the exception of neon, shall be allowed subject to the number, dimension, placement and permit provisions of Article II of this chapter.

Enclosed light sources shall be shielded or screened in a manner not to be seen by passersby from a normal viewing angle, including residences, businesses and pedestrian foot traffic.

Light sources, other than neon, shall be limited to natural white incandescent or fluorescent lamps and light fixtures and shall be designed to cause a reasonably uniform distribution of light over the full extent of the sign.

Externally illuminated signs may not create more than five footcandles measured at any seven-foot distance from the sign.

Internally illuminated signs.

Internally illuminated sign boxes are not permitted.

Stencil cut signs with only the letters emitting illumination are permitted in the DB, DT, DG and CP Districts.

Individually illuminated letters are permitted in the DB, DT, DG and CP Districts.

Internally illuminated signs may not emit more than five footcandles measured at any seven-foot distance from the sign.

Awnings.

Awnings and awning signs may be illuminated only by external enclosed sources.

The awning, including the operating mechanism and its enclosure, shall be designed, fabricated and installed to conform to the shape and dimensions of window and doorway openings. Waterfall-style awnings are generally prohibited. Awnings shall be related to windows and doors and shall not cover the solid wall surface or architectural features of the building facade. Overlap of the awning onto adjoining building surfaces where required by the particular characteristics of the building facade will be limited to six inches.

Awning material shall be of fabric or other soft materials, including canvas duck or vinyl-coated canvas. The use of metal, plastic or other rigid materials shall not be allowed. The rigid awning structure, including operating arms and braces, shall be fully concealed from view.

Awnings shall meet the following dimensional standards:

The maximum horizontal projection from the building facade shall be five feet zero inches.

The maximum vertical dimension of the awning at the building shall be six feet zero inches.

The maximum vertical dimension of the awning at the projecting end shall generally be 18 inches.

Lettering on awnings shall meet the following standards:

Lettering and other graphics shall generally be limited to 14 inches in height.

Lettering shall be limited to a single line that shall generally not exceed 12 feet in length.

Lettering may be placed on the front and/or side panels of the awning, but not on the slope.

In nonresidential zoning districts, an awning may project beyond the property line of a lot into a public sidewalk only if:

The necessary permit has been issued from the Land Use Officer;

The awning is at least seven feet six inches above the level of the sidewalk at all points;

The awning projects no more than five feet beyond the property line;

The awning is firmly affixed to the building and entirely supported by the building; and

The design of the awning and any lettering, signs, lights or other appurtenances have been approved by the Architectural and Historic Review Board and Land Use Officer.

§ 300-51 Tree preservation.

[Amended 4-26-2022 by L.L. No. 1-2022]

Tree preservation; legislative intent.

The Village of Dobbs Ferry finds that the existence of trees within the Village makes a fundamental contribution to the health, safety and general welfare of Dobbs Ferry citizens and the community at large. Trees, in addition to their aesthetic benefits, are essential to riparian habitat, wildlife, energy conservation, temperature moderation and the healthy ecology of the area; trees help improve air quality and reduce global warming. These benefits to the community and environment increase as trees mature. Maturation of trees protects surface water quality, provides shade, offers windbreaks, controls water pollution by reducing soil erosion and flooding, offers a natural barrier to noise, yields advantageous microclimates and fundamental ecological systems. Trees, together with shrubs, contribute to property values of residential and commercial establishments, and preserve and enhance the natural beauty and appearance of the Village and its historic, non-urban character.

Our community's investment in its tree resources has accrued over many years. This investment can be rapidly squandered by indiscriminate damage to and destruction of trees, especially mature and/or specimen trees and shrubs. Unregulated destruction of trees and unacceptable pruning practices cause barren and unsightly conditions, increase municipal expense to control drainage and soil erosion problems, impair the stability and value of developed and undeveloped property and negatively impact the health, safety, environment, ecosystems and general welfare of the inhabitants of the Village of Dobbs Ferry.

The Village hereby establishes policies, regulations and standards necessary to ensure that the community will continue to realize the benefits provided by our trees. The provisions of this section are enacted to:

Control and regulate the indiscriminate cutting and destructive or excessive pruning of trees.

Increase species and age diversity of our tree population to provide long-term stability of the aggregate canopy and ecosystem by requiring replanting when trees are removed.

Preserve our trees and the non-urban appearance or our Village by encouraging owners of existing homes, vacant lands and commercial parcels to save or replace mature tree species when developing their parcels.

Protect public trees in municipal parks and easements.

CERTIFIED ARBORIST REPORT

Facilitate Village stewardship of air, water, land and living resources, to sustainably protect the environment for the use of this and future generations.

Supplementary definitions. The following are intended to supplement definitions found in § 300-14, or elsewhere in the Code.

CERTIFIED ARBORIST

An individual who has obtained knowledge and competency in arboriculture or forestry through an accredited body such as the International Society of Arboriculture (ISA) arborist certification program, the American Society of Consulting Arborists, the New Jersey Society of Certified Tree Experts, the State of Connecticut Department of Environmental Protection or the New York State Cooperating Consultant Forester Program.

A report prepared by a certified arborist containing specific information on the tree(s) and/or shrubs to be removed, including, but not limited to: species, size, location, condition, structure, height, crown integrity, crown spread, age, pruning history and presence of pests or disease. The report shall include the arborist's name, address, business affiliation, certification information and signature.

CLEAR-CUTTING

The cutting of five or more trees with a diameter of six inches or more at a height of 54 inches (diameter at breast height or DBH) above the natural grade on a given lot within a twelve-month period.

CRITICAL ROOT ZONE (CRZ)

The area containing the volume of roots necessary for maintenance of tree health and stability. The CRZ is determined as a circle with a diameter calculated from the diameter at breast height (DBH) using the equation: (DBH X 1.5) X 2, which typically extends beyond the dripline of the tree (as defined below).

DBH (DIAMETER AT BREAST HEIGHT)

A standard measurement of tree size taken by measuring the diameter of the trunk at a height of 4.5 feet (54 inches) above ground level. Guidelines for determining DBH in some of the more complicated situations are as follows:

If the tree has branches, bumps or forks that interfere with DBH measurement, measure below that point and record the height at which DBH was determined.

If the tree is growing vertically on a slope, measure DBH from the uphill side of the slope.

If the tree is leaning, measure DBH in the direction of the lean.

DESTRUCTIVE PRUNING PRACTICES

If the tree splits into several trunks close to the ground (i.e., has a multistemmed or low-branched habit), the DBH of the tree is the sum of the DBH of each trunk.

Pruning of a mature tree in ways that are in violation of best practices, as defined by the American National Standards Institute Guidelines for Tree Pruning (ANSI A300 Part 1) destructive pruning practices include, but are not limited to, tree topping, defined as cutting back large-diameter branches to stubs, and removal of more than 25% of a tree's canopy.

DOWNED TREE

A tree that has fallen over or is broken and is lying on the ground or on a structure.

DRIPLINE

The outermost limit of the canopy of a tree as delineated by the perimeter of its branches and which, extended perpendicularly to the ground, encloses the tree.

GIRDLING

An activity that removes or injures the bark of a tree trunk, typically extending around much of the tree's circumference.

HAZARDOUS TREE

A tree that exhibits serious defects, that is, obvious and visible signs that the tree is failing and that it presents an imminent threat to the health and safety of persons, property, power lines or places where people gather. Examples of serious defects include, but are not restricted to, one or more of the following conditions:

Excessive damage by an act of God, usually a weather event such as windstorm, lightning strike or flooding, with major broken branches, split trunk, large cracks or other defects that cannot be corrected by pruning.

Severe cracks in the main stem or in branch unions that penetrate deeply into the wood of the tree.

Advanced decay associated with cracks, branch unions, cavities in the tree or root flares and buttress roots. Evidence of fungal activity including mushrooms, conks, and brackets growing on root flares, stems, or branches can be indicators of advanced decay.

Leaning beyond 45° from vertical with evidence of recent root exposure, soil movement or soil mounding.

Supported solely by the action of another tree or object.

PROTECTED TREE

Any of the following:

A tree with a DBH of eight inches or more, regardless of location.

A tree with a DBH of three inches or more located in a wetland, watercourse buffer or watershed buffer (as defined elsewhere in Village Code).

A tree with a DBH of three inches or more located on a slope of 25% or greater.

A tree that has been planted as a specific requirement of site development plan approval or as part of a previous replanting or restoration agreement.

A tree of historic or unique value to the Village (as defined herein).

A tree with a DBH of three inches or more designated by the New York State Department of Environmental Conservation as a protected native plant for our region.

PUBLIC PROTECTED TREE

Any of the following:

A tree with a DBH of eight inches or more located on lands owned by the Village or land upon which property rights such as easements are imposed for the benefit of the Village.

TREE OF HISTORIC OR UNIQUE VALUE

A tree, regardless of size, planted in a designated tree well or curbside in the public right-of-way.

REPLANTING AGREEMENT

A written agreement between the property owner and the Village specifying types and sizes of trees and/or shrubs to be planted as replacements for those that have been removed.

TREE COMMISSION (TC)

As defined in Article VI of this section.

TREE FUND

A special purpose fund into which shall be deposited any penalties for violations or payments in lieu of restoration/replanting which shall be used at the discretion of the Village Board of Trustees to promote the intent and purpose of this section, including the purchase and maintenance of trees, shrubs, plants and green spaces. The Board of Trustees may request from, and/or consider a written recommendation initiated by, the Tree Commission as to the use of the funds. The Village Board of Trustees shall establish any fee or basis of payments in lieu of replanting and same shall be included in the master fee schedule and be revised in accordance with Chapter 175.

A tree with unique or noteworthy characteristics or intrinsic value, including, but not limited to, species, age, location, historical significance, ecological value, or incomparable or irreplaceable aesthetic benefit to the community or environment. Examples include:

"Champion" tree listed on an accredited tree registry or shown to be of comparable size to such listed tree.

Rare or endangered species on federal or state lists.

TREE REMOVAL (TR) APPLICATION

Specimen tree exhibiting qualities such as noteworthy leaf color or shape, peeling bark, floral display, fruit, overall form or habit, unique wildlife habitat support, or rarity.

A completed form entitled "Tree Removal Permit Application" available from the Building Department or the Village website, to be submitted by any party wishing to remove one or more protected trees as outlined herein.

TREE REMOVAL PERMIT

A permit approved and duly issued pursuant to the terms of this section. The permit consists of a written document in form determined by the Building Department acknowledging which trees have been approved for removal and is accompanied by a permit sign to be posted publicly. The permit may also include additional compliance requirements such as a replanting agreement or landscape plan.

TREE RISK ASSESSMENT

A determination of the extent to which a tree is hazardous using an industry-wide rating scale taken from "A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas" published by the International Society of Arboriculture. Risk is rated by evaluating the probability of failure of the tree, its size and the targets that could be damaged if it fails.

UTILITY DISTRIBUTION LINE VEGETATIVE MANAGEMENT

The procedure by which electrical utility companies manage potential or existing conflict between power lines and vegetation, thereby minimizing tree-related power outages. While most vegetative management involves tree trimming, trees that pose hazards to power lines because of ill health, proximity to the lines or other problems may be determined to be hazardous by the utility's arborist and be removed.

Allowable activities. Tree removal permit is not required for:

Removal of any tree not regulated by this section.

Removal of a downed tree.

Routine pruning or trimming of a tree to maintain health and natural habit.

Removal of any tree that has been found to be dead, dying, insect-infested or otherwise hazardous as determined in writing on business letterhead of a certified arborist and submitted to the Building Inspector.

Protected trees presenting an unacceptable risk to the person or property of the owner, to the public, to public property or to the person or property of an adjoining property owner. A tree risk assessment should be performed and documented by a certified arborist. Circumstances must be such that defects cannot be remedied by reasonable pruning or cabling of the tree.

Prohibited activities. No person, firm or corporation shall purposely, carelessly or negligently take any action that will result in killing, destroying or significantly degrading the immediate or long-term viability of any protected tree. Such actions include, but are not limited to:

Removal of a protected tree without a permit.

Clearcutting.

Destructive pruning practices.

Girdling or partial girdling or other significant bark damage.

Compaction of CRZ due to construction or other activity. Disallowed activity within the CRZ includes: traversal, access or parking by construction vehicles; manual construction activities excluding landscaping (unless specifically authorized by an approved site development plan); excavation and stockpiling of materials.

Installation of impervious surfaces over more than 25% of root zone.

Severing or trenching through more than 25% of the root zone.

Grade change exceeding three inches within the CRZ.

Poisoning or application of chemicals causing a failure to thrive.

Regulated activities; permit required for removing protected trees.

Protected tree. No person, firm or corporation shall purposely, carelessly or negligently cut down any protected tree or take any action that will result in the cutting down of any protected tree unless a tree removal permit is obtained, as provided in this section.

Clearcutting. A TR permit application is required if an aggregate of five or more trees (as defined in this section, six inches or more DBH) are being removed on any single lot within any given twelve-month period.

Notwithstanding any other provision of this section, where protected tree or clearcutting removal is proposed in connection with any site plan or subdivision application submitted to the Planning Board or Village Board for approval, protected trees may be removed from the affected property only in conjunction with and subsequent to the approval of a final subdivision plat or final site development plan and are subject to the requirements of § 300-51I, Tree valuation.

Granting of tree removal permits.

Permits for the removal of protected trees may be granted if the protected trees are healthy but cause undue hardship by substantially interfering with a permitted and intended use of the property. No report from a certified arborist is required for a healthy tree. However, the applicant should supply a description of the intended use and why the protected trees present an undue hardship.

A replanting agreement for the replacement of 50% of the total aggregate diameter of trees proposed for removal as regulated under this section with new trees or other appropriate vegetation such as shrubs in accordance with tree valuation criteria (see §§ 300-51I, Tree valuation) is required for any tree removal permit.

Procedural requirements for tree removal permits:

Applications for tree removal permits shall be filed with the Building Department which shall review them and when determined as complete shall be referred to the TC for its review. The TC has the authority to request additional information deemed to be necessary to rendering its decision.

TR applications must be made in writing according to rules and regulations set forth by the Building Department. A permit and escrow fee shall be established by resolution and adjusted from time to time by the Board of Trustees and included in the Fee Schedule in accordance with Chapter 175. The permit fee shall be remitted with the application.

Tree removal plan indicating the trees that are proposed to be removed.

A landscape plan showing the locations, quantities, species, varieties and sizes of trees and/or shrubs to be planted. The plan may also include the locations of existing trees and other landscape features per the requirements of § 300-51I, Tree valuation, must also be attached to the application.

The TR application shall contain an acknowledgement by the property owner that members of the TC may require access to the property to inspect protected trees. Advanced notification of inspection visits will be provided unless specifically waived by the property owner. TC members may be accompanied by a certified arborist and other consultants and photos may be taken for purposes of site documentation.

The TC shall document any decision and comments on an application for TR permit in writing, a copy of which will be provided to the property owner by the Building Department.

If the TC approves the permit, in addition to the written decision of the TC, the Building Department will issue both the permit and a permit sign for public posting on the site at a location clearly visible from the street. The sign must be posted at least three days before tree removal begins. Permits must be available on site for presentation to Building Inspector, code enforcement officer or other enforcement officer upon request while the removal is in progress. The tree must be tagged with a clearly visible ribbon or blaze during the period of notice.

Applicant will be required to sign the replacement agreement upon receipt of the TR permit.

Tree removal permits expire upon the expiration of six calendar months after the approval date.

Emergency removal of protected trees.

The provisions of § 300-51G above shall not apply for the removal of a hazardous tree under the following emergency procedure:

A TR application designated as an emergency removal shall be filed with the Building Department which contains a certification by a certified arborist as to the need for the emergency removal.

Within five business days of any emergency tree removal conducted prior to issuance of a tree removal permit, the property owner must submit a TR application after the fact which contains written statement by a certified arborist of the need and circumstances for the immediate emergency removal for safety reasons and such other documentation of the emergency event, including photographic documentation of tree before and after removal.

Removal of a protected tree without adherence to the emergency procedure shall be a violation of this section.

The emergency procedure will be waived:

When a tree is determined to be dangerous by a police officer, firefighter, Public Works official or civil defense official acting in their professional capacity during or in the aftermath of catastrophic events or states of emergency.

When tree removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

Tree valuation.

In the case of nonviolation conditions, "tree valuation" is defined as "equivalent diameter inches," i.e., a twenty-inch DBH tree would be deemed equivalent to up to twenty-inch-caliper of replacement trees.

In connection with all tree permits, subdivision, and site plan applications, the project shall meet the minimum requirement of the replacement of 50% of the total aggregate diameter of trees proposed for removal with new trees in accordance with the approved plan for tree replacement. Tree replacement shall be required on site unless the approving authority determines that, because of site constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, the approving authority may consider payment of a fee in lieu of planting into the Village Tree Fund to satisfy the unmet portion of the tree replacement requirement.

Public protected trees; utility distribution line management.

Public protected trees may be removed only by a Village employee, or by a firm or individual retained or duly authorized by the Village. Removal of or damage to a public protected tree by any other person, firm or corporation is a violation of this section.

A TC application is not required for the Village to remove a public protected tree, but a recommendation to the Village Board from the TC is required. Information such as an arborist report and any test results leading to the Village's decision for tree removal shall be made available upon request. Documentation of public protected trees that have been removed shall be forwarded to the TC.

In the case of tree removal as a part of utility distribution line vegetation management, performed by the utility company's contractors, TC applications and permit signs are not required. A list of trees slated for removal by the utility shall be submitted to the Building Department with a copy forwarded to the TC before tree removal begins.

Penalties for violations.

Penalties. In addition to any penalty or fine provisions elsewhere in the Code, including § 300-29D(8), and any available remedy at law or equity, any person or entity removing or causing the removal of one or more protected trees without first obtaining the required tree removal permit, or causing significant or irreparable damage to a protected tree, or otherwise violating this section shall be subject to penalties including:

Mechanical damage to a public protected tree, such as knocking over, breaking or uprooting the tree, bark tearing, limb breakage, tree well damage or damage to the tree roots caused by a vehicle: up to $500 per violation.

Violations affecting a protected tree or public protected tree: up to $500 per violation.

Violations affecting a protected tree within a conservation easement, wetland, watercourse or designated buffer area: up to $1,000 per violation.

Violations affecting a tree of historic or unique value: up to $2,000 per violation.

Other violations, including, but not limited to, the removal of five or more trees without a permit: up to $2,000 per violation.

Each tree may be considered a separate violation and a penalty shall be assessed accordingly.

Upon receipt, such penalty amounts shall be deposited into the special purpose fund as established herein known as the Tree Fund to be used at the discretion of the Village Board of Trustees to promote the intent and purpose of this section. The Board of Trustees may request from, and/or consider a written recommendation initiated by the TC as to the use of said funds.

Any person or entity violating the tree provisions in this section may be required to enter into a binding and enforceable restoration agreement with the Village in addition to any other penalties or fines associated with the violation. The Village Administrator is authorized to execute such agreement on behalf of the Village.

The Building Inspector has the sole discretion to determine the need for a restoration agreement based on the particulars of the violation at issue.

A restoration agreement shall include enforceable provisions for replanting of replacement trees and/or other vegetation on the property, the totality of which must be comparable in value (e.g., species, quality, quantity, size), based on a valuation analysis (See § 300-51I, Tree valuation) and the particulars of the violation at issue. The restoration agreement shall include a detailed landscape plan which must be reviewed and approved by the Village. The Building Inspector shall refer the proposed landscape plan for review and written recommendation, the expense of which shall be the sole responsibility of the violator, by either a qualified consultant retained directly by the Village, or by the TC which may also obtain the services of a qualified consultant.

Should on-site restoration be determined by the Village's qualified consultant or the TC to be impractical and/or undesirable in full or in part, an equivalent monetary value amount shall be deposited into the Tree Fund.

To assist the Village in determining the elements of the restoration agreement, the services and reporting of an arborist or horticultural consultant, or other qualified consultant, may be required. Any expense associated with obtaining such services will be the sole responsibility of the violator. The Village may require the deposit of funds into escrow for use in the payment of consultants. Any escrow fee shall be established by resolution and adjusted from time to time by the Board of Trustees and included in the Fee Schedule in accordance with Chapter 175.

Restoration shall be completed within six months of execution of the restoration agreement and the Building Department shall be notified within 10 business days after restoration work has been fully completed so that a final site inspection may be conducted. If seasonal planting requirements prevent the timely completion of restoration, the timeline may be extended in writing by the Building Inspector.

No certificate of occupancy shall be issued by the Building Inspector until the restoration work is completed to the reasonable satisfaction of the Building Inspector, subject to conditions as Building Inspector may prescribe.

If trees or other specified vegetation included in the restoration agreement fail to survive for a period of two calendar years following planting, they shall be replaced by the party to the agreement with identically specified items unless a modification of the restoration agreement is obtained from the Building Department. Said replacement shall be within 60 days following written demand from the Building Inspector for such replacement, or within an extended period of time as may be specified. Should the party to the agreement fail to replace the trees or vegetation pursuant to demand within the required period of time, the party to the agreement may be subject to further penalties, fines or other enforcement actions.

Appeals.

Applicants may appeal any final decision of the Tree Commission, in writing, to the Zoning Board of Appeals. Such written appeal is to be filed with the Building Department. Said appeal shall state specifically the location of the trees in relation to roads, structures and adjoining properties and shall further state the reasons why the permit application should have been decided differently. The appeal should refer to the criteria for granting permits noted in Subsection XX above. The ZBA may engage with one or more consultants, the costs for which shall be borne by the appealing party in accordance with escrow procedures established by this Code.