Village of Pomona, NY Article VI General Regulations

§ 130-13 Application of regulations.

A. Conformity required. No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used, for any purpose except in conformity with this chapter.

B. Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare.

§ 130-14 Relationship to other regulations.

A. Other applicable codes, standards and regulations. There are many other applicable codes, standards and regulations of the Village of Pomona in addition to this chapter. These include the Subdivision of Land Regulations and the Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: See Ch. 118, Subdivision of Land, and Ch. 74, Fire Prevention.

B. Conflicting standards. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater or lesser restriction upon the use of buildings or land or upon the erection, construction, establishment, movement, alteration or enlargement of buildings than is imposed by other local laws, rules, regulations, licenses, certificates or other authorizations or by easements, covenants or agreements, the more restrictive requirements shall prevail.

§ 130-15 Nonconforming uses, buildings or structures.

A. Continuing existing uses, buildings and structures.

(1) Except as otherwise provided herein, the lawfully permitted use of lands or buildings and the lawfully permitted existence of buildings or structures at the time of the adoption of this chapter may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such lands, buildings or structures are located. Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building or structure then presently or theretofore lawfully existing, such use, building or structure may nevertheless continue, subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming.

(2) Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the date immediately prior to the effective date of this chapter.

B. Nonconforming use of land, buildings or structures.

(1) The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be physically enlarged or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

(2) A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally unless the use therein is changed to a conforming use or to conform to an order of the Code Enforcement Officer to either correct an unsafe condition or conform to the requirements of applicable laws or ordinances.

(3) No nonconforming use of a building or structure shall be enlarged or extended, except that any such nonconforming use may be extended throughout any parts of the building or structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption or amendment of this chapter.

(4) No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection E below.

(5) If a nonconforming use ceases for any reason for a total of six months during any twelve-month period or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use, or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial cessation of activities consistent with or required for the operation of such nonconforming use, shall be deemed to constitute a discontinuance thereof within the meaning of this chapter irrespective of whether an intention to abandon the nonconforming use may exist. On application, however, the Board of Appeals may extend the period upon a finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted or special permit use.

(6) If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.

C. Dimensional nonconformity. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, off-street parking, loading or similar dimensional requirements of this chapter shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any such dimensional nonconformity, but any building or structure or portion thereof may be altered to maintain or decrease its dimensional nonconformity.

D. Reconstruction.

(1) Should a building or structure, the use of which or the use of a portion of which is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of more than 75% of the replacement cost of the building or structure as determined by the Code Enforcement Officer at the time of the reconstruction, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter.

(2) Should a building or structure, the use of which or the use of a portion of which is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of 75% or less of the replacement cost of the building or structure as determined by the Code Enforcement Officer at the time of the reconstruction, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance with a plan approved by the Planning Board so as to result, where possible, in greater conformity with this chapter.

E. Change to other nonconforming use. On application, any nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Board of Appeals based upon a finding that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may impose whatever conditions and safeguards it may deem necessary or appropriate to further the purposes of this chapter.

F. Improvement of nonconforming uses. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking areas and access drives or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Board of Appeals, which may then grant approval or approval with modifications, provided that said agency finds that the purposes of this section shall be met.

§ 130-16 General lot, yard and use regulations.

[Amended 1-28-1991 by L.L. No. 1-1991; 2-28-1994 by L.L. No. 1-1994; 4-24-2000 by L.L. No. 2-2000; 1-22-2001 by Ord. No. 2-2001; 11-22-2004 by L.L. No. 7-2004; 8-16-2021 by L.L. No. 1-2021; 9-13-2021 by L.L. No. 2-2021; 6-27-2022 by L.L. No. 2-2022]

A. Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one principal building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted. Notwithstanding the above provision, at a single lot containing a neighborhood or community house of worship, a second principal building may be established on the lot as a one-family residence, only in the event that a separate minimum net lot area as required by this chapter is provided for both the house of worship and the one-family residence, and that all principal and accessory buildings each independently meet all applicable area and bulk regulations of §§ 130-10 and 130-12.

B. Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

C. Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 130-28E of this chapter.

D. Obstructions to vision at intersections in residential districts. At the intersection of two or more streets in a residential district, no fence, wall, structure or shrubbery or other obstruction more than two feet in height above the center-line grade of the streets shall be erected or placed on any part of a yard herein established that is included within the triangular area formed by the nearest edges of the street line and a straight line between two points, each a minimum of 25 feet back from the intersection of the nearest edges of the street line prolonged.

E. New buildings on lots smaller than minimum required area. A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to May 28, 1968, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot is located, provided that such lot meets the requirements of § 7-708, Subdivision 2, of the Village Law.

F. Yard for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

G. Use of yards. No accessory building or structure shall be permitted within any minimum required yard except as regulated by Subsections J and O. No parking shall be permitted within any yard except as provided in Article VII.

H. No reduction of required yards. No lot shall be so reduced in area as to make any yard smaller than the minimum required under this chapter.

I. Yards on corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. Where a corner lot has frontage on three streets, the remaining yard shall be a side yard.

J. Structural projections permitted into required yards and courts.

(1) Limited walls and fences may be allowed in required yards, subject to the requirements of Subsection L.

(2) All required yards shall be unobstructed except as provided in this subsection. (Since required yards shall be open to the sky, an obstruction shall include the projection of a structure into such spaces at any level above ground.) However, an arbor, open trellis, flagpole, unroofed steps, unroofed terrace or deck at not to exceed one foot above ground level shall be permitted in any required yard up to within 10 feet of a property line.

(3) An awning or movable canopy may project not more than 10 feet into any required yard.

(4) Cornices or eaves may project not more than 18 inches into a required yard.

(5) Windowsills or belt courses may project not more than six inches into a required yard.

(6) Driveways shall be permitted in any yard, provided that they comply with the maximum impervious surface requirements of this chapter.

K. Exceptions to height limitations. The height limitations of this chapter shall not apply to:

(1) Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smokestacks, derricks, flagpoles, radio towers, masts and aerials where not used for human occupancy and where such structures do not extend more than 15 feet above the roof.

(2) Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers, cooling towers or solar energy collectors, provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve, the total area covered by such features shall not exceed 20% of the horizontal area of the roof on which they are located, such structures do not extend more than 15 feet above the roof and, where the lot on which they are located is in or adjacent to a residence district, such features shall be set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located.

L. Fences and walls. Fences and walls, whose primary purpose is not the stabilization of slopes, are permitted within required yards, provided that:

(1) Except as provided in Subsection Q below, such fences or walls shall not exceed four feet in height if located in a front yard and six feet in height in any other yard, except that such fences or walls shall not exceed six feet in height if located in a front yard abutting a state road.

(2) The fence or wall meets the requirements of Subsection D of this section.

(3) All fences and walls must be inside all lot lines.

M. Retaining walls. Retaining walls, whose primary purpose is the stabilization of slopes, are permitted within required yards, provided that:

(1) Any retaining wall higher than eight feet shall be set back five feet from any property line.

(2) Landscaping. The area adjacent to the top or bottom of each retaining wall four feet or higher, and at the foot of any wall, shall be landscaped with trees or shrubs with a minimum height of four feet at the time of installation, to mitigate the wall's visual impact, and to blend into the natural setting. When tiered retaining walls are employed, such landscaping shall be installed at the foot of the wall, and at the top of each tier.

(3) Wall materials. Wall materials or facing shall include textures, colors, patterns and surfaces to provide an aesthetic appearance, and which shall blend into the surrounding natural setting. The use of smooth concrete shall not be permitted.

(4) Protection from falls. The Planning Board or Code Enforcement Officer may, where necessary for safety, require the addition of a motor vehicle bumper guard or fence at the top of any retaining wall.

(5) Installation of retaining walls 10 feet or higher shall require site plan approval of the Planning Board, regardless of whether or not the application is subject to review as a steep slope site plan pursuant to § 119-2A. When conducting its review, the Planning Board shall apply the following standards:

(a) In development of land, natural grades should be preserved wherever possible, and retaining walls higher than 10 feet, with related earthwork, shall only be permitted when good and sufficient reason appears. All proposed buildings or structures shall be situated on a lot in a manner that requires the least amount of retaining wall construction as is practicable, to minimize grading, removal, or filling of soil.

(b) No retaining walls shall be permitted to result in any increase of velocity or change in direction of surface water runoff without such water being appropriately managed on site to not adversely affect other properties.

(c) Retaining wall heights and setback. Retaining wall heights shall be a maximum of 10 feet, measured from the bottom of the wall to the top of the wall. For projects requiring retention with retaining wall heights greater than 10 feet, multiple tiered retaining walls shall be employed. Tiered retaining walls shall be defined as a single wall if the spacing between the face of walls is less than five feet measured on the horizontal. All retaining walls subject to site plan approval shall be setback five feet from any property line.

(d) Landscaping. The five-foot spacing requirement between tiered retaining walls and between a retaining wall and any property line shall allow for adequate landscaping at the top of each tiered wall and at the foot of the wall, according to the specifications of Subsection M(5) above.

(e) Waiver of maximum wall height. Where the Planning Board finds that, because of special circumstances of a particular site, extraordinary hardships may result from strict compliance with the maximum height of a retaining wall as set forth in subsection c above, the Board may grant a waiver to allow a retaining wall up to 15 feet in height, so that substantial justice is done, and the public interest secured. Where the maximum retaining wall height is waived, the resolution of the Planning Board shall attach such conditions, as in its judgement, are necessary to substantially secure the objectives of this chapter, including, but not limited to enhanced plantings and landscaping to mitigate the additional height proposed. The minimum five foot horizontal spacing between tiered walls shall not be waived. The minimum five foot setback from property lines shall not be waived.

N. Solar energy collectors.

(1) Solar energy collectors are permitted as a part of and may be attached to any building.

(2) Installation of solar energy collectors shall require the issuance of a building permit and the approval of the Planning Board.

O. Accessory buildings and structures. Accessory buildings and structures shall be permitted in all districts, subject to the following:

(1) Not more than three accessory buildings and structures shall be permitted on a lot in a residential district, except as approved in accordance with § 130-10D.

(2) The gross floor area of all principal and accessory buildings, regardless of size, located on a lot shall comply with the maximum lot coverage requirements of this chapter.

(3) The following shall be considered accessory buildings and structures for the purposes of this subsection: tennis courts, paddle tennis courts, swimming pools, garages for passenger vehicles or one vehicle with commercial registration under 5,000 pounds gross vehicle weight, greenhouses, playhouses, garden houses, toolhouses, stables, barns, solar energy collectors.

(4) Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure may be located not closer to a side or rear yard than 1/3 of the side yard and rear yard dimensions specified in this chapter. Accessory buildings and structures shall comply with the front yard setbacks specified herein.

(5) Individual accessory buildings and structures greater than 100 square feet in floor area or greater than 10 feet in height shall meet the following requirements:

(a) Accessory buildings and structures permitted under this subsection shall comply with the front, rear and side yard and building coverage requirements specified herein and shall be limited in height to a maximum of 20 feet measured to the highest point of the building or structure.

(b) The construction of an accessory building or structure over 2,500 square feet in floor area or greater than 20 feet in height shall require the issuance of a special permit by the Zoning Board of Appeals.

P. Garage sales. Garage sales may be conducted from a property in a residential district, provided that:

(1) Signs advertising the garage sale shall comply with the requirements of § 130-11G(3).

(2) The number of garage sales shall be limited to two per year, each to be limited to a maximum duration of three days.

Q. Animals.[1]

(1) General regulations. The following regulations apply to the maintenance of animals in all districts:

(a) The maintenance, breeding, raising, purchase and/or sale of all animals and their products, including but not limited to milk and eggs, is considered an accessory use and is permitted, subject to the requirements listed below.

(b) No venomous snakes or wild animals shall be permitted in residential districts.

(c) All animals living primarily within the residence and not regulated below are excluded from these regulations.

(d) All feed shall be housed in rodentproof containers.

(e) All animals shall be suitably contained to prevent damage to persons and property.

(f) Regulations for types of animals not regulated in Subsection Q(2) below and not excluded in Subsection Q(1)(c) above shall be determined by the Planning Board.

(2) Regulations for specific animals.

(a) Fowl (such as chickens and ducks). The maintenance of four or fewer fowl is permitted as an accessory use in the R-40 District. No unneutered roosters shall be permitted. All fowl shall be kept in an enclosed area at least 75 feet from any lot line.

(b) Horses, cattle, goats and sheep. The maintenance of these animals is permitted as an accessory use, subject to the conditions listed below:

[1] Two acres of lot area are required for the first animal. One acre of lot area shall be required for each animal above one. Abutting lots with common beneficial ownership shall be considered a single lot.

[2] All animals, barns and manure storage areas shall be contained by a fence located at least 50 feet from each property line and 150 feet from any existing residence other than that on the lot. All fences shall be at least five feet in height and shall be of one of the following types, and fencing shall be determined by the Code Enforcement Officer to be strong enough to contain the fenced animals:

[a] Chain link.

[b] Post and rail, with a minimum of two horizontal bars.

[c] Barbed wire, with a minimum of two horizontal strands.

[3] Commercial livery stables are not permitted.

(c) Dogs and cats.

[1] Dogs or cats less than one year old shall be exempt from these regulations.

[2] The maintenance of five or less dogs or cats is permitted as an accessory use in any district.

[1] Editor's Note: See also Ch. 40, Animals.

R. Storage of vehicles or boats. In all residential districts, the storage of not more than one unoccupied recreational vehicle or boat or one unregistered vehicle shall be permitted so long as such vehicle or boat is stored only within a side or rear yard. No stored vehicle or boat shall exceed 35 feet in length.

S. Air-pressure buildings. No air-pressure buildings are permitted in any district.

T. Municipal uses. Notwithstanding any other provision to the contrary, structures owned or occupied by the Village of Pomona in the performance of its municipal functions shall be exempt from the provisions of this chapter.

U. Swimming pools. All swimming pools, as defined in this chapter, shall be completely enclosed by a fence or wall with a minimum height of five feet. All such fences must contain a maximum vertical interspace of two inches and must have self-closing and self-latching gates, with latches placed at least four feet above the ground or otherwise made inaccessible to small children. The fencing shall be determined by the Code Enforcement Officer to be strong enough to ensure pool security.

V. Short-term rentals prohibited. It shall be unlawful for any person to offer to rent or to operate any dwelling unit or portion thereof, or to rent or operate any accessory structures or outdoor areas related to the dwelling unit or portions thereof, as a short-term rental as defined by this chapter.

§ 130-17 Performance standards.

A. Conformance required. No special permit use or nonresidential use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. Central utility systems serving three or more dwelling units, including but not limited to systems providing heat, water, air conditioning, sewage treatment, garbage collection and electrical power, shall be deemed to be nonresidential uses for the purposes of this section.

B. Purposes. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of nonresidential uses so as to:

(1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant outside the building in which the use is conducted.

(2) Control noise perceptible beyond the boundaries of the site of the use.

(3) Prevent the discharge of untreated or insufficiently treated wastes into any watercourse.

(4) Prevent the dissemination of vibration, heat or interference beyond the immediate site on which the use is located.

(5) Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.

(6) Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the streets.

C. Standards for noise. No land use shall be permitted which will produce a volume of noise which would violate the provisions of any law regulating noise in the Village of Pomona.[1]

[1] Editor's Note: See Ch. 96, Noise.

D. Standards for vibration.

(1) Method of measurement. For the purpose of measuring vibration, a two-component measuring system approved by the Planning Board shall be employed.

(2) Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:

		Vibration Displacement (inches)
	Frequency (cycles per second)	Steady-State	Impact
	Under 10	.0005	.0010
	10 - 19	.0004	.0008
	20 - 29	.0003	.0006
	30 - 39	.0002	.0004
	40 or more	.0001	.0002

E. Standards for smoke, dust and other atmospheric pollutants.

(1) General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to property.

(2) Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour, or if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the products added.

(3) Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.

(4) Maximum permitted emission of dust.

(a) The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion.

(b) There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.

(c) All properties shall be suitably improved and maintained with appropriate landscaping and paving or other type of improvement so that there will be no measurable windblown dust or other similar types of air pollution created.

F. Standards for odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.

G. Standards for toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.

H. Standards for radiation and electromagnetic interference.

(1) Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.

(2) Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Village.

I. Standards for fire, explosive hazard and heat.

(1) Fire and explosive hazard. No storage or manufacture of explosives, or solid materials or solid products which burn actively or which have a low-ignition temperature, a high rate of burning or create great heat under ordinary temperature conditions shall be permitted.

(2) Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.

J. Standards for liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Rockland County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and as to discourage the breeding of rodents or insects.

K. Standards for vehicular traffic. No home occupation or special permit use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Administration, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction due to the design or capacity of the highway system, the relationship of such proposed use to surrounding or nearby uses or other factors affecting air pollution arising from mobile source activity.

L. Procedure.

(1) In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.

(2) If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.

(3) During the course of subdivision or special permit review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.

§ 130-18 Construction regulations.

A. New construction is permitted only on a lot which fronts on a publicly maintained road or on a road shown on a map filed at the Rockland County Clerk's office.

B. All buildings must conform to and be erected in compliance with the New York State Uniform Fire Prevention and Building Code.

C. Any alteration or improvement of a site, including the grading of the land and the location of facilities, shall not adversely affect adjacent properties.

D. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for any use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises or the grading incidental thereto, except by approval of the Zoning Board of Appeals. At least six inches of topsoil must exist or be placed on land cleared for construction.

E. No cut trees, timber, stumps, debris, rocks, stones, junk, rubbish or other waste materials of any kind shall be buried in any land or left deposited on any lot or street. If a building permit has been previously issued for premises, no certificate of occupancy shall be issued unless the conditions described above have been remedied nor shall any building permit or certificate of occupancy in the same subdivision be issued unless such conditions have been remedied on the lot or lots in question.

[Amended 4-22-1996 by L.L. No. 2-1996]

F. Rocks unearthed during construction shall be removed from the lot unless a specific request from the home buyer, in writing, is presented to the Code Enforcement Officer.

G. No live tree with a circumference of 25 inches or more measured at a height 4 1/2 feet above existing ground level at the base of the tree on the uphill side shall be removed from any land except where necessary for construction thereon and with the approval of the Code Enforcement Officer. Trees to be preserved as hereinabove set forth shall be fenced outside their drip lines and shall have no grade change or earthwork performed within said drip lines without written approval of the Code Enforcement Officer. Removal of each tree shall be construed as a separate offense. This section shall not apply to a residential lot improved by a residential structure which lot may not, under the bulk provisions of this Zoning Law, be further subdivided.

[Amended 10-24-1988 by L.L. No. 6-1988; 11-25-2003 by L.L. No. 9-2003; 3-28-2005 by L.L. No. 2-2005]

H. No person shall conduct or cause to be conducted any land operations to clear, fill or grade any property without securing a building permit (hereinafter referred to in this section as "permit") from the Building Inspector.

[Added 6-23-1997 by L.L. No. 8-1997; 11-13-2000 by L.L. No. 9-2000]

(1) The following information or exhibits are required in order to secure a permit:

(a) Engineering drawings showing the tax lot upon which the activity will be conducted.

(b) The names and addresses and the section, block and lot numbers of all contiguous property owners, and the names and addresses and section, block and lot numbers of all property owners located within 500 feet of the proposed site.

(c) A plan showing all existing and proposed contour lines, amounts of fill to be placed or displaced, location of trees with a circumference of 25 inches or more measured at a height 4 1/2 feet above existing ground level at the base of the tree on the uphill side and road access to the site.

[Amended 11-25-2003 by L.L. No. 9-2003]

(d) An erosion control plan and a plan for stabilizing the fill.

(e) Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this chapter of the Code, which shall be attached to and become a part of such contract.

(f) Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any New York State Department of Environmental Conservation permit required must be in effect prior to the Village issuing a permit.

(g) Proof of liability insurance adequate to cover the intended work pursuant to the terms of the permit. The Village shall be named as an additional insured on the applicant's policy. The applicant shall by a separate instrument agree to indemnify and hold harmless the Village from any claims arising out of the intended activity.

(h) Completion date and any other information which the Building Inspector deems reasonable in reviewing the application.

(2) Operations shall be conducted only during daylight hours, but not earlier than 7:00 a.m.

(3) The Building Inspector may refer such application to the Village Engineer and other Village agencies for their review and recommendation.

(4) Clearing, filling and grading shall be done in such manner as not to result in an increase of surface water runoff onto any other properties and shall not result in any conditions which increase erosion or result in any unstable conditions upon the site or adjacent properties or wetlands.

(5) The Building Inspector may contract appropriate surveillance of the site on a twenty-four-hour, seven-days-per-week basis until the activity is completed. The applicant shall be required, as a condition of the permit, to sign the permit authorizing the Village, its employees or agents to enter onto the applicant's property and to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Building Inspector prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.

(6) The Building Inspector may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, site security, etc., which the Building Inspector believes are necessary in order to adequately maintain the site.

(7) A permit to clear, fill or grade property shall not be required for the planting of landscaping, grading low areas with a total of 15 or fewer cubic yards of fill material, correcting hazards representing an imminent threat to life or property, removal of dead trees, harvesting of firewood not to exceed four live trees per year 25 inches in circumference or more measured at a height 4 1/2 feet above existing ground level at the base of the tree on the uphill side, or for land development pursuant to but not prior to the issuance of a building permit, an approved and filed subdivision plat or an approved site plan. A protected tree, as defined in this chapter, shall be preserved unless such tree endangers the health or safety of any person or interferes with the use or construction of any structure on the lot or is a dead tree as determined by a landscape architect or similar professional. An application for a building permit to remove a protected tree shall include a revegetation or replacement plan for replacement of the tree to be removed, Replacement may be proposed in another location on the same lot and is not required to be of the same species or size of the tree to be removed.

[Amended 11-25-2003 by L.L. No. 9-2003; 3-28-2005 by L.L. No. 2-2005]

(8) The applicant shall be required to post a letter of credit issued by a bank having a branch in Rockland County, New York, money or other security acceptable to the Village, in in amount to be determined by the Building Inspector and in a form satisfactory to the Village Attorney, to be posted with the Village Clerk to guarantee the satisfactory restoration of any state, county or Village roads or other public property which might be damaged as a result of the activities of the applicant in clearing, filling and grading pursuant to the terms of this section. In the event that the applicant fails or refuses to make the necessary repairs, the Village Board shall forfeit the letter of credit or money security deposit in order to underwrite the expense of making such repairs.

(9) All expenses incurred by the Village in connection with making the necessary repair, including but not limited to any administrative and legal costs relating thereto, either not covered by the performance security or in excess of the performance security, shall be assessed against the land on which said clearing, filling and grading has occurred and shall be levied and collected in the same manner as provided in Article 5 of the Village Law for the levy and collection of real property taxes.

I. No building permit shall be issued for construction of any residence until a plan for installation of street trees in size, species and number as required by Village specifications has been submitted and approved by the Building Inspector or Village Engineer. A cash bond or letter of credit in an amount to be determined by the cost of the number of trees to be installed shall be posted with the Village prior to issuance of the building permit. Said trees shall be installed within the right-of-way not less than six nor more than 10 feet back from the pavement prior to issuance of a certificate of occupancy for said construction.

[Added 2-23-2004 by L.L. No. 1-2004; amended 8-14-2006 by L.L. No. 3-2006]