Village of Suffern, NY Article V Design Standards

§ 228-22 General standards.

The Planning Board shall not approve a site plan unless it shall find that such plan conforms to the requirements of these regulations, as well as to the Village of Suffern Zoning Law[1] and other applicable laws and regulations. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of these regulations, particularly in regard to achieving the following standards:

A. Traffic access. The number, location and design of all proposed driveways, in terms of their width, grade, alignment, visibility, sight distance and relationship to the existing street system and neighboring properties and land uses, shall be such that maximum safety will be achieved and function properly provided for.

B. On-site circulation and parking. Adequate and convenient off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles belonging to any persons connected with or visiting the proposed use, and the interior circulation system shall be adequate to provide safe access to all required off-street parking, including access for the handicapped.

C. Pedestrian circulation. An adequate and safe pedestrian circulation system shall be provided to permit safe access to uses from the street and from all parking areas on the site.

D. Landscaping and buffering. All parking, loading and service areas shall be screened in a reasonable manner, at all seasons of the year, from the view of adjacent residential lots and streets. The Planning Board shall require as a condition of site plan approval that a significant vegetative screen be required between the building and property line for all uses in the PO-40, PO-15, PLI and M Zoning Districts and, where advisable, in the MR-15, MR-50, CB and GB Zoning Districts.

[Amended 10-20-1997 by L.L. No. 7-1997]

E. Lighting. Outdoor lighting shall be provided on the site to assure the safe movement of vehicles and persons and for security. Such lighting shall not create an undesirable impact on neighboring properties and streets.

F. Drainage. The proposed stormwater drainage system shall be adequate to prevent any increase in the rate of surface runoff or otherwise contribute to downstream flooding during a storm of any magnitude up to and including a one-hundred-year frequency storm.

G. Water and sewage. The proposed systems for water supply and sewage collection and disposal on the site shall be adequate, and Village facilities shall be sufficient to handle the increase in service.

H. Solid waste. Adequate provisions shall be made for the storage, collection and disposal of solid waste, and such facilities shall not be permitted to adversely affect neighboring properties or public facilities.

I. Building design. The height, location and size of the proposed buildings shall be in conformity with the requirements of the Zoning Law, and all such buildings and other structures shall harmoniously relate to each other, the site and neighboring properties and shall be in accordance with Village plans and programs.

J. Signage. All proposed signs, including on-site directional signs and building signs, shall meet the requirements of these regulations, shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and buildings and with neighboring properties.

K. Recreation.

(1) Land for park, playground or other recreational purposes is required when the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes in the Village of Suffern. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.

(2) If a park cannot be properly located on the site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such a determination, the Planning Board shall assess the size and suitability of lands shown which could be possible locations for parks or recreational facilities, as well as practical factors, including whether there is a need for recreational facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playgrounds or other recreational purposes shall be deposited in a trust fund to be used by the Village of Suffern exclusively for parks or other recreational purposes, including the acquisition of property.

L. Other public needs. Other public needs and requirements, including the protection of the environment shall be properly and adequately provided for.

[1] Editor's Note: See Ch. 266, Zoning.

§ 228-23 Off-street parking, loading and access.

A. Zoning Law requirements. The number and location of off-street parking and loading spaces to be provided on the site shall conform to the requirements of the Village of Suffern Zoning Law.[1]

[1] Editor's Note: See Ch. 266, Zoning.

B. Table of minimum parking dimensions. The parking configuration shall be as follows:

Table of Minimum Parking Dimensions
Dimension	Measurement (feet)
Length of stall
Parallel	20
Perpendicular	181
Aisle width
One-way flow	12
Two-way flow	24
Width of stall
All parking stalls	9, except as provided in § 228-23D herein

NOTES:

¹ The length of perpendicular parking stalls may be reduced by 2.5 feet where curb design permits vehicle overhang.

C. Parking area standards.

(1) Poured-in-place concrete curbing shall be provided to outline all parking areas and to prevent any vehicle parking within the facility from overhanging a property line or projecting over any sidewalk, other walkway or public road.

(2) No vehicle shall be forced or encouraged by the nature of the design of the parking area to back out of the parking facility onto a public road.

(3) Suitable walks shall be provided within the facility for the safety of pedestrians moving to or from their vehicles.

(4) All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum gradient within parking areas shall not exceed 5%.

(5) Suitable markings shall be provided to indicate individual parking spaces, maneuvering areas, entrances, exits, directions of traffic flow and other similar requirements.

D. Special parking standards.

(1) Employee parking. In parking areas designated for employees, the Planning Board may permit a reduction in the width of such spaces to 8.5 feet.

(2) Parking facilities for the handicapped.

(a) Parking spaces shall be provided for the handicapped, and the number, location and design of said spaces shall be in conformity with the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. (Refer to Attachment N.)[2]

[2] Editor's Note: Attachment N is located at the end of this chapter.

(b) Generally, for nonresidential uses, handicapped parking spaces shall be provided in parking lots and parking garages in accordance with the following table:

Required Number of Parking Spaces
Total Parking Spaces in Lot or Garage	Number of Accessible Parking Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
Over 1,000	20, plus 1 for each 100 over 1,000

(c) For a shopping center or facility having at least five separate retail stores and at least 20 public off-street parking spaces, a minimum of 5% of such parking spaces or 10 spaces, whichever is less, shall be for use by the physically handicapped.

(d) Where parking areas or garages are provided for multiple dwellings as defined by the New York State Uniform Fire Prevention and Building Code, which includes apartments, hotels, motels and senior citizen housing, at least one adaptable parking space for each usable unit (constructed and equipped so as to be usable by the physically handicapped), but not less than 5% of the total number of parking spaces provided, shall be suitable for use by the physically handicapped. For adult residential care, at least 5% of the total number of parking spaces shall be suitable. Where determination by percent results in a number containing a decimal of 0.5 or more, use the next higher number.

(3) Compact car parking. The Planning Board may require an applicant to provide compact car parking spaces subject to the following requirements:

(a) Compact car parking spaces shall be not less than seven and 7.75 feet wide and 15 feet long.

(b) Compact car parking spaces shall be permitted only for long-term parking use, such as for commuters or employees.

(c) No more than 1/3 of the total off-street parking spaces required by the Zoning Law[3] shall be designated for compact cars.

[3] Editor's Note: See Ch. 266, Zoning.

(d) Compact car parking spaces shall be appropriately signed.

(4) Motorcycle/bicycle parking. The Planning Board may require an applicant to provide motorcycle/bicycle parking, depending upon the specific use proposed by an applicant and subject to the following Eno Foundation for Transportation guidelines:

(a) One motorcycle and one bicycle parking space may be required for parking facilities containing 50 automobile spaces. For every additional 20 automobile parking spaces thereafter, a minimum of one motorcycle and one bicycle parking space may be required. The Planning Board shall consider the particular use proposed by an applicant in establishing the maximum number of parking spaces.

(b) Bicycle and motorcycle parking facilities are to be located in an area of a parking lot convenient to destination entrances and in highly visible areas to minimize theft and vandalism. Wherever feasible, the parking should be visible to persons within the building.

(c) Cycle parking facilities are to be placed on paved surfaces and well lit.

(d) Cycle parking must not interfere with pedestrian traffic.

(e) Cycle parking should be protected from potential damage by other vehicle traffic.

(f) A bicycle space shall be at least two feet six inches wide by six feet zero inches long. Motorcycle and moped parking shall be at least three feet four inches wide by seven feet zero inches.

(g) The Planning Board may require signs to identify cycle lots, instructions for the operation of unfamiliar kinds of bicycle racks and other requirements as the Board may deem necessary.

E. Driveways. For reasons of traffic and pedestrian safety, both on- and off-street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to permit approval by the Suffern Department of Public Works, Rockland County Highway Department or New York State Department of Transportation for access onto Village, County or state roads, respectively.

(1) Driveway width. Unobstructed access to and from a street shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot-wide lane for parking areas with fewer than 30 parking spaces and at least two ten-foot-wide lanes for parking areas with 30 parking spaces or more. No entrance or exit to any off-street parking area shall exceed grades in excess of those permitted in § 228-23E(2) below.

(2) Driveway gradients.

(a) The maximum gradient for new access driveways serving uses other than single-family dwellings shall be 5%.

(b) Notwithstanding the maximum permitted gradient specified above, a driveway serving a use other than a single-family dwelling shall have a platform with a gradient not greater than 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the right-of-way line of the street, whichever distance is greater.

F. Delivery and loading facilities. Separate access should be provided for delivery vehicles. Circulation systems for deliveries should be designed to avoid interference with automobile and pedestrian movements or with high turnover parking. Loading areas should be located preferably to the rear of buildings, away from areas of pedestrian movement and screened from view of parking areas, adjacent properties or adjacent streets.

G. Parking area details to be shown on site plans.

(1) Parking spaces. All Detail Plan Streets (Sheet No. 4) of site plans should contain a standard parking space and painting schedule. (Refer to Attachment O.[4])

[4] Editor's Note: Attachment O is located at the end of this chapter.

(2) Parking end islands. All parking areas end islands should be designed and constructed in accordance with the detail illustrated in Attachment P,[5] and said detail, where applicable, should be shown on all Detail Plan Sheets (Sheet No. 4).

[5] Editor's Note: Attachment P is located at the end of this chapter.

(3) Parking for handicapped persons. All site plans shall conform where applicable. Parking spaces designated for the handicapped shall be posted with a standard sign (Refer to Attachment Q.[6]) as illustrated on the Detail Plan Sheet (Sheet No. 4).

[6] Editor's Note: Attachment Q is located at the end of this chapter.

(4) Fire lanes and zones. All fire lanes or zones (Refer to Attachment R.[7]) shall be shown on the Planimetric Site Layout Sheet (Sheet No. 1) and should be clearly labeled, dimensioned and marked with a sign. (Refer to Attachment S.[8]) The applicant's professional licensed engineer or land surveyor shall meet with the Fire Inspector of the Village of Suffern and/or the Fire Department to determine their requirements, which shall be shown on this drawing insofar as they are external to the building.

[7] Editor's Note: Attachment R is located at the end of this chapter.

[8] Editor's Note: Attachment S is located at the end of this chapter.

H. Deferment of full improvement of off-street parking. Where the Planning Board determines that the immediate use of any property may not require the full initial improvement of all off-street parking and loading facilities, the Planning Board may waive the initial improvement of not more than 1/3 of the required number of spaces, provided that the total number of spaces is shown on the approved plan. The area shall be reserved for future use and shall be graded for parking in accordance with the approved plan. All such reserved land shall be landscaped in accordance with the approved landscaping plan until the reserved spaces may be required to be improved. Reserved spaces shall be improved within six months of the date of a written notice from the Planning Board that such spaces have been determined to be necessary. Appropriate written guaranties to the above shall be provided by the owner and approved by the Village Attorney. The deferment of parking spaces shall not apply to properties within the CB District.

I. Fee in lieu of parking spaces. In the CB District, for any change or increase in the intensity of use or any increase in the gross floor area requiring the provision of additional off-street parking spaces the applicant may request permission to make a cash payment in lieu of some or all parking as set forth in § 266-38 of the Village of Suffern Zoning Law.[9]

[9] Editor's Note: See Ch. 266, Zoning.

§ 228-24 Landscaping and buffering.

A. General standards. All properties subject to site plan review shall be landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board, to assure the establishment of a safe, convenient, functional and attractive site plan requiring a minimum of maintenance. The following are general standards for landscaping:

(1) Plant materials shall be nursery grown and selected according to hardiness and ability to withstand highway salt conditions.

(2) Spaces to receive plant materials shall have a minimum inside width of six feet, except that where vehicle overhang is permitted, a ten-foot inside width shall be required.

(3) Loose materials, such as wood mulch and stone aggregate, shall be spread within a landscaped space at a level not to exceed one and 1/2 inches below top-of-curb.

(4) Areas that will receive continued pedestrian movement shall be paved.

(5) Landscape plans shall be designed by a licensed landscape architect who shall certify as to plant hardiness and shall provide as-built plans to the Building Inspector and Planning Board of the completed project. The applicant's landscape architect who prepared and certified the landscape plan approved by the Planning Board shall supervise construction and installation of the landscape materials. Before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector and the Planning Board an affidavit of the registered landscape architect stating that the deponent has examined the approved plans, that the landscaping has been installed in accordance with approved plans and that the landscaping complies with these regulations except insofar as variations therefrom have been legally authorized. Such variations and the reasons therefor shall be specified in the affidavit.

(6) The minimum landscape requirements for any use requiring site plan approval are a general guide only and may be modified by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of these regulations.

B. Traffic movement. In areas where landscape materials are used to define paths of traffic movement, the following guidelines shall be used:

(1) Plant materials shall consist of upright juniper or yew, barberry, firethorn, evergreen euonymus or equivalent approved by the Planning Board.

(2) Plants shall be selected to achieve not more than three feet mature height. Planting height shall be 18 to 24 inches.

(3) Plants shall be spaced to create a compact hedge border at time of planting.

(4) As an alternate, street trees may be used. Trees shall be approved by the landscape architect, have a caliper of 3 1/2 to four inches and be spaced 20 feet on center. Street trees shall consist of sugar maple, norway maple, red oak, little leaf linden, green ash, london plane or equivalent approved by the Planning Board.

(5) Planting beds shall be covered with the following material:

(a) Licorice mulch or approved equivalent at four inches minimum depth.

(b) Stone aggregate at three inches minimum depth, minimum one-inch stone.

(c) Where pedestrian cross traffic is evident, a paving material shall be used, such as paving blocks set in sand with tight joints or Epoxy-Rok or equivalent.

C. Parking areas. In areas where landscape materials are used to complement parking areas, the following guidelines shall be used:

(1) Forty-foot planting islands at the end of or within parking bays shall contain the following materials:

(a) Honey locust, with a caliper of 3 1/2 to four inches, planted 20 feet on center.

(b) Other columnar varieties may be substituted upon Planning Board approval.

(c) Trees with low-growing branches, gum or moisture, seeds or pods shall be avoided.

(d) Branching of trees shall begin at a height no less than six feet and no greater than 12 feet.

(2) Areas under shade trees shall be planted with horizontal juniper or other ornamental evergreens of comparable growth habit. Plant material shall have an eighteen-to-twenty-four-inch spread and shall be spaced 18 inches on center.

(3) Planting beds shall be covered as in § 228-24B(5) of these regulations.

D. Entrance definition. Where landscape materials are used to define the point of entrance to a commercial facility, the following guidelines shall be used:

(1) Plant materials shall consist of a carefully designed variety of evergreen shrubs selected from the following:

(a) Upright yew.

(b) Azalea.

(c) Japanese andromeda.

(d) Euonymus.

(e) Rhododendron.

(f) Laurel.

(g) Boxwood.

(h) Other evergreen varieties as approved by the Planning Board.

(2) Design may be a natural or formal setting; however, plant height shall not interfere with required sight distance.

(3) Planting beds shall be covered as in § 228-24B(5) of these regulations.

E. Pedestrian areas. Where landscape materials are used to complement areas intended for pedestrian activity, the following guidelines shall be used:

(1) Pedestrian areas shall be paved with concrete or paving block. Areas to be paved shall be tamped or underlain with gravel.

(2) In order to minimize large areas of paving, landscape features, such as two-to-three-foot earth mounds and planters, shall be used.

(3) Plant materials shall consist of a variety of evergreen and deciduous shrubs and trees selected from the following:

(a) Evergreen:

[1] Spreading yew.

[2] Boxwood.

[3] Laurel.

[4] Euonymus.

[5] Azales.

[6] Juniper.

[7] Japanese andromeda.

[8] White pine.

[9] Mugo pine.

[10] Rhododendron.

[11] Other varieties approved by the Planning Board.

(b) Deciduous:

[1] Japanese red maple.

[2] Crab apple.

[3] Cherry.

[4] Dogwood.

[5] Azalea.

[6] Forsythia.

[7] Lilac.

[8] Other varieties approved by the Planning Board.

(4) Planting beds shall be covered with a licorice mulch or approved equivalent at four inches minimum depth.

F. Buffer screening. The approval of any use in a business or industrial district or any nonresidential use in any residence district shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting or, if determined necessary by the Planning Board, directly across the street from any lot in a residence district. This requirement may be waived by the Planning Board in situations where it determines that large distances, topographic features or existing vegetation satisfy the same purpose. Where landscape materials are used for buffer screening purposes, the following guidelines shall be used:

(1) Where sufficient space is available, a dense screen of evergreen plant materials shall be used.

(2) Material may include:

(a) White pine.

(b) Spruce.

(c) Hemlock.

(d) Arborvitae.

(3) Plant materials shall be eight feet to 10 feet in height when planted and shall be spaced to form an opaque screen either in a single row or in multiple rows with alternate spacing.

(4) Where limited space is available, stockade or other approved fence may be used in conjunction with climbing or similar plantings trained to grow in a flat plane along a surface.

G. Natural areas. Where landscape materials are used primarily to beautify otherwise vacant spaces, the following guidelines shall be used:

(1) Planting varieties shall be the same as § 228-24E(3) and 228-24E(4) of these regulations.

(2) Where practical, earth forms should be used such as two-to-three-foot landscaped mounds.

(3) Planting bed cover: same as § 228-24E(4) or, as an alternate, sod may be substituted.

H. State highway rights-of-way. Where landscape materials are used to complement areas within a state highway right-of-way, the following guidelines shall be used:

(1) The area shall be covered with sod or, as an alternative, stone aggregate at a minimum three-inch depth may be substituted.

(2) Evergreen and/or deciduous materials shall be placed according to size approved by appropriate highway jurisdiction.

§ 228-25 Outdoor lighting.

A. General standards. Adequate lighting shall be provided on each site to ensure safe movement of persons and vehicles and for security purposes. Lighting fixtures and standards shall be of a type approved by the Planning Board. All lighting shall be designed and arranged so as to preclude or minimize glare and reflection on adjacent properties and streets. The Planning Board may impose reasonable hours of operation should lighting fixtures negatively impact adjacent properties. No floodlights in excess of 100 watts shall be installed without specific written permission from the Planning Board.

B. Design standards. The following design standards shall be followed on all site plans:

(1) The style of the light and light standards shall be consistent with the architectural style of the principal building.

(2) The maximum height of freestanding lights shall be no higher than the height of the principal building but shall not exceed 18 feet. The maximum height may be increased to 25 feet in large parking areas where the Planning Board finds that such lighting is appropriate and where such increased height will not be a disturbance to neighbors.

(3) The source of illumination shall be so shielded that it is not visible beyond the boundaries of the lot on which it is located.

(4) All lights shall be shielded to restrict the maximum approximate angle of the cone of illumination to 150°.

(5) Where lights may be visible from adjacent residences or public streets, the lights shall be appropriately shielded to minimize visual discomfort and impairment of driver and pedestrian vision due to glare.

(6) Spotlight-type fixtures attached to buildings shall not be permitted.

(7) Freestanding lights shall be so located and protected as to prevent damage by vehicles.

(8) Lighting shall be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split, as required by the Planning Board.

(9) Pathways, sidewalks and trails shall be lighted with suitable low or pedestrian-type standards.

(10) Exterior stairways, sloping or rising paths, building entrances and exits shall be suitably illuminated for safety purposes.

(11) The lighting intensities listed below shall be used as a general design guide. The Planning Board may vary these criteria where the Board finds such a variation is appropriate and where such variations will not be a disturbance to neighbors.

(a) Shopper parking: an average of 1.0 footcandle.

(b) Long-term parking: an average of 0.75 footcandle.

(c) Intersections: 2.0 footcandle.

(d) Maximum at property lines: 0.6 footcandle.

(e) In residential areas: average of 0.6 footcandle.

(12) Lighting for signs shall comply with the requirements of § 228-26 of these regulations.

§ 228-26 Signs.

A. Purposes.

(1) The effective use of signs as a means of communication in the Village shall be encouraged.

(2) The Village's aesthetic environment shall be maintained and enhanced.

(3) The Village's ability to attract sources of economic development and growth shall be stimulated through attractive streetscapes.

(4) Pedestrian and traffic safety shall be maintained and improved.

(5) Possible adverse effects of signs on nearby public and private property shall be minimized.

(6) A multiplicity of signs cluttering the overall appearance of the Village shall be discouraged.

(7) The fair and consistent enforcement of these sign regulations shall be accomplished.

B. Sign plan approval required. No sign shall be erected or installed upon or within any structure or upon any land nor shall any existing sign be changed until sign plan approval has been obtained from the Planning Board and a sign permit has been issued by the Building Inspector. Issuance of sign plan approval shall be conditioned upon conformance with all applicable provisions of this section. Where an application for sign plan approval is not part of a site plan application, the application shall be accompanied by 10 copies of a drawing of professional quality illustrating: sign dimensions, design, lettering, graphics, color and material; the location of the sign on the building facade, window or property and the dimensions of applicable setbacks; and the location of any existing signs related to the business or property. A photo of the sign's proposed location shall be submitted, and said photo shall also depict any establishments adjoining the property, if applicable. The Planning Board shall render a decision on the sign application within 30 days of receipt of a complete sign application. The decision of the Planning Board shall be final. The Zoning Board of Appeals is not permitted to vary the requirements of this section, nor any decision of the Planning Board related to signs.

C. Exempted signs. No permit is required for the following classes of signs:

(1) Signs required by duly constituted governmental bodies and their agencies, where such signs are established in the interest of the safety, convenience or welfare of the general public. The number and location of such signs shall be as directed by the governmental agency having jurisdiction.

(2) Traffic control signs required for traffic control purposes shown on an approved site plan or posted pursuant to the order of traffic control agencies and conforming to the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation.

(3) Flags of the national, state, County or Town government; banners and emblems or name and meeting place signs of civic, philanthropic, educational or religious organizations or institutions, not exceeding four square feet.

(4) Signs and decals pertaining to the tenant's registration with or membership in a professional organization/affiliation or civic association.

(5) Temporary signs in any zoning district pertaining to and displayed during campaigns, drives or events of civic, political, philanthropic, educational or religious institutions, provided that such signs are erected not more than four weeks prior to the event and are removed not later than two weeks after the event.

[Amended 1-8-2007 by L.L. No. 2-2007]

(6) Memorial plaques, cornerstones, historical tablets and the like.

(7) Signs required to be maintained or posted by law or governmental order, rule or regulation, unless specifically prohibited, limited or restricted.

(8) Small, nonilluminated signs, not exceeding two square feet in area, displayed strictly for the direction, safety or convenience of the public, including signs which identify rest rooms and other similar facilities or conveniences, parking area and building entrances or exits, freight entrances or for purposes of indicating the location of off-street parking areas.

(9) Signs for customary incidental home occupation, professional office or studio as permitted in the Village of Suffern Zoning Law,[1] not exceeding two feet in length, nor six inches in height, indicating the name, d/b/a (doing business as) or profession of such professional person, as the only display, and such sign may be internally illuminated, limited to hours of operation of the office or home occupation.

[1] Editor's Note: See Ch. 266, Zoning.

(10) One temporary, nonilluminated "for sale" or "for rent" sign for each lot in a residence district, provided that such sign is less than six square feet in area and is removed promptly when the premises are sold or rented. Any broker, agent or other person representing a seller, including the seller himself, maintaining a sign for the purpose of advertising, including any sign which says "sold," "gone," "another sale by _____," or words of similar purport indicating that the property is no longer available, shall be removed 60 days after a sales contract between the seller and buyer has been entered into.

(11) Temporary, nonilluminated "for sale" or "for rent" signs in nonresidential districts, provided that such signs are not more than 30 square feet in area and are promptly removed when the premises are sold or rented. One such sign is permitted for each street frontage of each lot, except that each 500 feet of frontage shall be considered as separate frontage.

(12) Temporary construction signs, not exceeding 12 square feet in area, either affixed to the wall of the building to which they pertain or to a post identifying the project under construction, participating designers, contractors or developers, etc. A construction sign shall not be erected until site or subdivision plan approval has been granted by the Planning Board. Said sign shall be permitted only during the construction period of the project and shall be removed immediately upon completion of the construction or improvement. Said sign shall conform in all respects to the provisions of these regulations.

(13) Signs calling attention to a change in the status of a business, which signs are customarily painted on a window or constructed of paper, cloth or other light material and attached to, or located within six feet of the interior side of the window. Said sign shall not be displayed for more than 90 days. Banners and streamers advertising the opening of a new business may be permitted up to 30 days after the date on which the business commences operation and is open to the public, provided that the applicant has first provided a cash deposit posted with the Village Clerk for purposes of covering the cost of removing the banners, streamers and temporary sign in the event the applicant fails to do same within the designated time period. The cash deposit shall be refunded upon the applicant's compliance with these provisions within the time period specified above.

(14) Signs not visible outside of a building.

(15) Signs displayed in a window indicating the availability of a public telephone or notary public and/or the possession of any licenses normally required to conduct a given business.

(16) Holiday decorations displayed in season.

(17) Temporary signs for tag or garage sales, provided that such signs contain the name of the seller and date of the sale, are displayed only seven days prior to the sale and are removed the day after the sale. Such signs are not to be placed upon utility poles in accordance with Chapter 168, Littering, of the Code of the Village of Suffern.

(18) "No trespassing" signs.

D. Permitted signs.

(1) The total sign area permitted for all nonresidential uses and all special permit uses shall be determined as follows:

(a) Except for window signs, the total area of all signs shall not exceed 1 1/2 square feet for each horizontal linear foot of the front facade of the establishment. The area of each sign shall be computed as follows:

[1] For individual signs, the area of a sign shall be computed by delineating the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the Zoning Law[2] and is clearly incidental to the display itself. In the case of a facade or freestanding sign, the entire face shall be measured in computing the sign area.

[2] Editor's Note: See Ch. 266, Zoning.

[2] For multifaced signs, the sign area shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure, the sign area shall be computed by the measurement of one of the faces.

(b) If an establishment fronts on a public parking lot, an additional sign area equal to 50% of the sign area that would be permitted for a facade sign shall be allowed, provided that the additional sign area appears on that side of the building visible from the parking lot. The sign shall be a facade sign meeting all other dimensional requirements for said type of sign; provided, however, that no sign shall exceed a maximum dimension of 10 feet in length and two feet in height.

(c) All signs shall comply with the accompanying Schedule of Sign Requirements.[3]

[3] Editor's Note: The Schedule of Sign Requirements is located at the end of this chapter.

(2) Except as may be specifically referred to herein, "establishment" may refer to a tenant in a multitenant building or to an entire building if it is owned by or leasable to one tenant.

E. Prohibited sign types. The use, erection or installation of the following sign types is prohibited:

(1) Billboards.

(2) Roof signs.

(3) Signs attached to buildings that extend above the roofline.

(4) Flashing or intermittently illuminated signs. A sign which exhibits changing light or color effects, even though the intensity of light may be relatively constant, shall be deemed a flashing sign.

(5) Signs where the source of illumination is visible, including neon-type electric signs, except as may be permitted for window signs as outlined in the Schedule of Sign Requirements.[4]

[4] Editor's Note: The Schedule of Sign Requirements is located at the end of this chapter.

(6) Searchlights to attract attention to a sign or permitted use.

(7) Strings of incandescent lights.

(8) Moving or rotating signs.

(9) Pennants, streamers, banners or other eye-catching devices.

(10) Awnings.

(11) Portable signs, with or without wheels, easel type, A-frame or other or any sign not permanently affixed to a building or the ground.

(12) Inflatable signs and tethered balloons.

F. General regulations. The following regulations apply to all types of signs in all districts:

(1) Illumination. Signs in nonresidential districts may be illuminated, provided that the source of illumination shall be shielded so that it is not visible beyond the boundaries of the lot on which it is located.

(2) Relationship to a permitted use. All signs must pertain to a use conducted on the same property on which they are located, except signs of service groups and religious institutions.

G. Design standards. The Planning Board, in promulgating site plan regulations, shall provide for a limitation on the size of the signs, type and characteristics of illumination, number and location, taking into consideration the uses on the site and the reasonable requirement for communicating information to the vehicular or pedestrian traffic. The Planning Board shall consider the following in granting sign approval:

(1) Signs must be clearly accessory to the use or uses on the lot on which they are located, and such signs and lighting must be shown to be essential to the principal use upon the lot.

(2) Signs should be a subordinate part of the streetscape.

(3) The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons or invitees seeking the particular use described on such sign.

(4) The sign content shall not hawk or peddle and must clearly provide only information necessary to identify the use upon the lot.

(5) Garish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of letters within the streetscape.

(6) The sign shall not be such as to be confused with any traffic signal or other safety device nor be composed of elements depicting in exaggerated size or grotesque style the use upon the lot.

(7) All signs, together with their supporting braces, guys, anchors, etc., shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or maintained at all times.

(8) Awnings and canopies existing prior to the adoption of this chapter shall be cleaned and repaired four times each year. Upon the establishment's failure to do so, the Village, upon due notice, may contract to have the same done. The cost incurred by the Village shall be reimbursed by the owner.

H. Removal of existing nonconforming signs.

(1) Every sign which was nonconforming prior to the adoption of this chapter shall be discontinued and removed or changed to conform to these regulations within a time period of one year from the date of the adoption of this chapter.

(2) Every sign which is made nonconforming by these regulations and was conforming prior to the adoption of this chapter shall be discontinued and removed or changed to conform to these regulations within a time period of five years from the date of the adoption of this chapter. If, on applications made at least six months before the expiration of the period prescribed above for termination of a nonconforming sign, the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the value of the sign thereof, then the Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed and such extension can be granted only once for any sign.

(3) Awnings/canopies legally existing prior to the adoption of this chapter may remain in accordance with the provisions of § 228-26H(1) and (2). A change of business necessitating a change in the awning text or awning fabric containing said text is permitted, provided that the structural supports existing at the time of adoption of this chapter are not changed and sign approval is granted by the Planning Board. Any change of awning shall be subject to the amortization provisions established in § 228-26H(1)and(2).

I. Enforcement. The erection of a sign not conforming to an approved sign plan shall be deemed a violation of these regulations. No sign plan shall hereafter be approved or sign permit issued, except pursuant to the requirements of this chapter and the Zoning Law.[5] No permit shall be issued for any sign which does not conform to an approved sign plan or site development plan.

(1) The Building Inspector or the Code Enforcement Officer shall notify a property owner by written notice of a sign which has been erected in contravention of an approved sign plan and any conditions which have been attached thereto. Said notice shall be sent by certified mail to the owner of the sign.

(2) The sign owner shall take down or obtain sign plan approval immediately in accordance with the procedures contained in these regulations. If the owner of the nonconforming sign has not met the requirements of the notice, the Building Inspector, the Code Enforcement Officer or any authorized agent of the Village shall be authorized to issue a violation against said owner.

[5] Editor's Note: See Ch. 266, Zoning.

J. Removal of certain signs. Any sign, including structural supports or frame, now or hereafter existing, which no longer identifies a use on the subject premises or which is not being maintained shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign is found within 10 days after written notification from the Building Inspector. Upon failure to comply with such notice within the time specified in such order, the Building Inspector shall issue a violation to said owner.

K. Unsafe signs. Should a sign be or become insecure or in danger of falling or otherwise unsafe in the opinion of the Building Inspector, the owner thereof or person maintaining the same shall, upon receipt of written notice from the Building Inspector and, in any case, within five days thereafter, secure the same in a manner to be approved by the Building Inspector. If such order is not complied with, the Building Inspector is hereby authorized to cause removal of the unsafe sign, and any expense incident thereto shall be paid by the owner of the building, structure or premises on which such sign is located. When any sign is in such dangerous condition as to be immediately dangerous to the safety of the public, the Building Inspector is hereby authorized to take such action as in his opinion shall be necessary to protect the public or property. The cost of the removal shall be borne by the owner of the property on which such sign was erected and shall become a lien upon such property until paid.

L. Conformance to Village plan. Signs shall conform to any Village Design Plan for signs, which plan may be adopted by the Planning Board as an overall guide to signs in a specific area or district, including a facade design study.

M. Adjustment of sign regulation. The Planning Board may adjust the requirements for a particular sign, including prohibited signs, where it finds that they may be impractical due to existing conditions, such as the size or location of existing structures, existing vegetation, topographic conditions and any benefits gained, such as the reduction of a nonconformity, provided that any such modification will not have the effect of nullifying the intent and purpose of the Zoning Law,[6] the Village Development Plan or the Official Map of the Village. In allowing any modification, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure the objectives of the standards or requirements so modified.

[6] Editor's Note: See Ch. 266, Zoning.