A.
Minimum road frontage. Despite any provision contained in this Zoning
chapter to the contrary, no building permit shall be issued for the
construction or the erection of any building or structure on a parcel
of property unless that parcel has road frontage on a public street
consisting of at least 75% of the minimum required lot width. Nothing
herein shall be construed to allow a flag lot, which lots are prohibited.
B.
General area and bulk requirements; accessory uses and structures.
(1)
Encroachments in required yards.
(a)
Projections.
[1]
Ordinary projections of window sills, belt courses, cornices,
eaves and other similar architectural features shall be permitted
to encroach no more than three feet.
[2]
An arbor, open trellis, or flagpole shall be permitted to encroach
into any yard. Clothes-drying equipment shall be permitted to encroach
within a rear yard.
[3]
An awning or movable canopy shall be permitted to project not
more than four feet into any required yard.
(b)
Location of accessory buildings.
[1]
No accessory building in any district shall be located in any
required front or side yard, except in conformity with the district
requirements.
[2]
An accessory building shall be permitted in a required rear
yard, subject to the following:
[a]
The aggregate ground area covered by accessory
buildings in any rear yard, including the ground area covered by any
attached accessory buildings such as a deck, shall not exceed 25%
of the rear yard in any residence district or 50% of the rear yard
in any business or industrial district.
[b]
No accessory building shall be closer than provided
by the requirements of each district to any principal building unless
it is attached thereto and is a part of such principal building.
(2)
Fire escapes. No exposed fire escapes shall be permitted on any side
of a building fronting to a street.
(3)
Storage in yards.
(a)
Temporary storage containers and dumpsters. Containers, including
but not limited to moving, shipping, portable and storage containers,
trailers, dumpsters, and similar structures, are not permitted on
any property in the Village of Hillburn for more than seven successive
days except in accordance with the following standards:
[1]
Containers are allowed only upon issuance of a temporary permit
from the Code Enforcement Officer for a time period not to exceed
six months. The Code Enforcement Officer may extend the permit for
up to two additional time periods of no more than three months each
where the owner demonstrates a continuing need for temporary storage,
e.g., home construction and repair or similar circumstance.
[2]
Containers shall be used only for the temporary storage of goods
in the ownership or used by the occupants of the lot upon which the
container is located.
[3]
The Code Enforcement Officer shall prohibit any type of storage
which the Code Enforcement Officer deems is hazardous or flammable.
The general contents of the storage container shall be described in
the temporary permit application.
[4]
The container shall not be stored in any required yard unless
the Code Enforcement Officer determines there is no other reasonable
location in which to store said container.
(4)
Dumpsters and trash containers. All properties within the Village
of Hillburn shall be kept free of litter and debris and shall maintain
trash receptacles and containers on-site. Trash receptacles and dumpsters
shall remain closed at all times and be designed so as to prevent
the release of refuse or other materials stored therein. Except for
a temporary dumpster which may be allowed in accordance with this
Zoning chapter, and refuse containers associated with a one-family
or two-family residence, all permanent dumpsters and refuse areas
associated with any other use shall be screened from view with a six-foot-high
opaque fence, or year-round vegetative screening no less than six
feet high at the time of planting. After the effective date of this
Zoning chapter, a permanent dumpster or trash container with a capacity
of three cubic yards and greater shall be installed only in a location
on a site with a principal use which has received site plan or special
use permit approval. No dumpster or similar container shall be located
within 25 feet of an adjoining residential lot line or residential
building.
C.
Height exceptions. The height limitations of this chapter shall not
apply to the following structures:
(1)
Church spires, belfries, cupolas, domes not used for human occupancy,
chimneys, ventilators, skylights, water tanks, bulkheads and other
necessary mechanical appurtenances usually carried above the roof
level, a parapet wall or cornice for ornament, extending above such
height limit not more than four feet, or a radio or television receiving
antenna serving residences.
(2)
In nonresidential zoning districts only, radio or television receiving
towers or dishes.
D.
Buffer area requirements for district boundaries.
(1)
Except as provided in Subsection D(2) below, where a lot in the Local Shopping Nonresidential Zoning District abuts a lot in a residential zoning district, there shall be provided along such abutting line on the nonresidential district lot a buffer at least equal in width to that required in the abutting residential district, but in no instance less than 50 feet, which shall be in addition to any required yard. The buffer area shall remain undisturbed and shall not be used for storage of any material or goods, parking area, road, driveway, or other improvements, and the Planning Board, in its discretion, may require that the buffer area be suitably landscaped with year-round plantings no less than six feet in planting height. The Planning Board may also require a solid fence no less than six feet in height. The Planning Board shall establish the location of the landscape materials and fence within the buffer, and the buffer shall extend the full length of the shared property line of the two lots. The Planning Board may modify the requirement that the fence or hedge be extended the length of the common lot line to ensure adequate sight distance is maintained.
(2)
Where a lot in the General Commercial, Regional Economic Development
or Light Industrial District abuts a lot in a residential district,
there shall be provided along such abutting line on the nonresidential
district lot a buffer at least equal in width to that required in
the abutting residential district, but in no instance less than 75
feet, which shall be in addition to any required yard. The buffer
area shall remain undisturbed and shall be not be used for storage
of any material or goods, parking area, road, driveway, or other improvements,
and the Planning Board, in its discretion, may require that the buffer
area be suitably landscaped with year-round plantings no less than
six feet in planting height. The Planning Board may also require a
solid fence no less than six feet in height. The Planning Board shall
establish the location of the landscape materials and fence within
the buffer, and the buffer shall extend the full length of the shared
property line of the two lots. The Planning Board may modify the requirement
that the fence or hedge be extended the length of the common lot line
to ensure adequate sight distance is maintained.
E.
Land disturbance activities; excavations; soil mining; quarrying. Excavations, soil mining, soil processing, quarrying, blasting and similar activities as a principal use are prohibited. Land disturbance activities, excavations, soil mining, and/or quarrying are hereby prohibited except in association with land development activities associated with a use otherwise allowed as a permitted use or special use in the district within which it is located. Further, any land disturbance activity adversely affecting natural drainage or structural safety of adjoining buildings or lands is hereby prohibited. All land disturbance activity regulated herein shall be in accordance with Subsection E(1) below. The Planning Board shall require from any applicant, prior to the issuance of a permit for any activity approved under this section, a performance bond, cash escrow or other arrangement acceptable to the Planning Board, upon the advice of the Village Attorney and Village Engineer, to ensure that emergency measures could be taken by the Village at the applicant's expense should the applicant fail within the time specified to initiate appropriate conservation action which may be required. Within 180 days of the completion of the land disturbance activity, such bond, cash escrow or other legal arrangement, or the unexpended portion thereof, shall be refunded to the applicant or terminated, as appropriate.
(1)
Land Disturbance Activity for construction of buildings.
(a)
Land disturbance activity in connection with the construction
on the same lot of a building for which site plan or subdivision approval
has been granted showing limits of disturbance, and a building permit
has been issued, shall be permitted in any district.
(b)
No land disturbance activity shall exceed the limit of disturbance
shown on an approved site plan or subdivision plan.
(c)
In the event that building construction is not completed and
the building permit thereof expires, the premises shall be cleared
of any rubbish, building materials, or other unsightly accumulations,
and any excavation for a building, basement, foundation, utility or
otherwise of a depth greater than two feet below grade shall be filled
and the topsoil replaced, or all such excavations shall be entirely
surrounded by a substantial fence at least six feet high that will
effectively block access to the area. Where necessary, suitable gates
will be installed and provided with locks. Such clearing, filling
and/or fencing shall be completed not later than the expiration date
of the building permit.
(2)
Conservation of natural resources. The purpose of this regulation
is to conserve the land, water and other natural resources of the
Village and promote the public health and welfare of the people by
establishing requirements for the control of erosion and sedimentation
and by establishing procedures whereby these requirements shall be
administered and enforced.
(3)
Administration. The Planning Board is hereby authorized to issue
land disturbance permits for activities permitted under this section.
Land disturbance permits may only be issued in relation to work to
be performed pursuant to an approved subdivision plat, special use
permit, or site plan and for a use allowed by right or by special
use permit in the district in which the activity is located.
(4)
Erosion and sediment control plans. The plans required by this section
shall comply to all applicable erosion, sediment control and flood
control regulations adopted by the Village of Hillburn, Village of
Ramapo, the County of Rockland, and New York State. The more restrictive
requirements shall prevail.
(5)
Regulated land disturbance activities.
(a)
No person shall engage in any land disturbance activity, as defined in § 250-7 of this Zoning chapter, until an erosion and sediment control plan for such land disturbance activity has been reviewed and approved by the Planning Board and the Planning Board has approved a land disturbance permit.
(b)
Whenever a land disturbance activity is proposed to be conducted
by a contractor performing construction work pursuant to a construction
contract, the preparation, submission and approval of the required
erosion and sediment control plan shall be the responsibility of the
owner of the land.
(c)
No approval for a land disturbance permit may be issued until
the regulations implementing the New York State Environmental Quality
Review Act have been complied with.
(6)
Action on erosion and sediment control plans.
(a)
The Planning Board shall approve any erosion and sediment control
plan submitted to it only if it determines that the plan meets the
conservation standards of the control programs and if the person responsible
for carrying out the plan certifies that he will properly perform
the measures included in the plan and will comply with the provisions
of this chapter. The time frame for approval shall be the same time
frame as site plan approval or subdivision approval.
(b)
The approved plan may be changed in the following cases:
[1]
When inspection by the Village has revealed the inadequacy of
the plan to accomplish the erosion and sediment control objectives
of the plan, and appropriate modifications to correct the deficiencies
are agreed to by the owner/applicant and the Village.
[2]
Where the person responsible for carrying out the approved plan
finds that, because of a change in circumstances, the approved plan
cannot be carried out effectively and the proposed amendments to the
plan are agreed to by the owner/applicant and the Village.
(7)
Issuance of land disturbance permit.
(a)
Except as provided herein, no person shall engage in any land
disturbance activity until a land disturbance permit has been issued
by the Planning Board. Initial applications are to be filed with the
Code Enforcement Officer.
(b)
The Planning Board shall not issue any land disturbance permit
unless the applicant therefor submits with its application a filing
fee in an amount to be determined by the Village Board, an engineering
proposal in accordance with this section, and an erosion and sediment
control plan and certification that such plan will be followed.
[1]
Maps. The applicant shall submit five copies of a map at a scale
of one inch equals no more than 50 feet, showing all lands proposed
for excavation and all land within 200 feet thereof, with exact locations
of all buildings, streets, utilities, drainage or other easements,
watercourses, lot lines, block and lot numbers and names of the landowners.
Such map shall also show the present topography at two-foot contour
intervals. The map shall be signed by a licensed engineer or land
surveyor for certification of its accuracy.
[2]
The applicant shall also submit to the Planning Board five copies
of the proposed plan of excavation at the same scale as above showing
the proposed finished elevations at two-foot contour intervals and
the proposed drainage plan.
[3]
The proposed finished grading plan shall show the land to be
smooth-graded, the topsoil respread to a minimum depth of four inches
and slopes no greater than 30%.
(8)
Monitoring, reports and inspections.
(a)
The Village shall periodically inspect the land disturbance
activities to ensure compliance with the approved plan and to determine
that the measures required in that plan are effective in controlling
erosion. The right of entry to conduct such inspections shall be expressly
reserved in the permit.
(b)
If the Village determines that the permit holder has failed
to comply with the plan, the Code Enforcement Officer shall immediately
serve upon the permit holder, by registered or certified mail, or
by personal service or by posting on the property in a conspicuous
place, a notice to comply. Such notice shall set forth specifically
the measures needed to comply and shall specify the time within which
such measures shall be completed. If the permit holder fails to comply
within the time specified, he may be subject to the revocation of
his permit; furthermore, he shall be deemed to be in violation of
this chapter and, upon conviction, shall be subject to the revocation
of his permit. The remedies as set forth above shall not be the exclusive
remedy for a violation of this section, and the Village reserves the
right to avail itself of any legal method of terminating activity
violative of this provision.
(9)
A land disturbance permit shall be valid for one year from the date
of approval but may be extended at the discretion and approval of
the Planning Board for one additional period not to exceed one year.
F.
Tree preservation. The trees and forested lands in the Village of
Hillburn are important natural resources that benefit the Village
and make it a desirable place for both residents and visitors. Trees
help to naturally control flooding, filter pollutants and prevent
soil erosion, protect watersheds including the Ramapo Sole Source
Aquifer, enhance air quality, provide a natural noise barrier, provide
habitat for wildlife, and yield advantageous microclimates, thereby
reducing energy consumption. The removal of trees can cause deprivation
of these benefits and change the ecological and woodland character
of the Village. Properly located and planted trees are an effective
means of providing sight and noise barriers. Replacing trees removed
during construction is necessary to assist in soil conservation and
establishing and maintaining suitable and acceptable drainage, since
development usually creates new drainage patterns, and the growth
of trees and their roots are integral to these new drainage patterns
and their stability.
(1)
For purposes of this section, a "regulated tree" is hereby defined
as a tree with a diameter of eight inches or more measured at least
four feet above ground level or trees planted by the Village of Hillburn
pursuant to the shade tree regulations or planted pursuant to subdivision
or other applicable regulations or ordinances or local laws. The moving,
removal, poisoning, lopping, or otherwise irreversible and intentional
damage of a regulated tree on any property shall be allowed only by
issuance of a tree removal permit approved by the Planning Board,
and subject to the provisions set forth herein.
(2)
Nothing herein shall be construed to permit clear-cutting or timber
harvesting as a principal use within the Village of Hillburn. Said
uses are prohibited.
(3)
Before a tree removal permit is issued, the applicant shall submit
five copies of a tree plan to the Planning Board at a scale of one
inch equals no more than 50 feet, or such scale approved by the Planning
Board, showing the following:
(a)
The tree plan shall be included in the proposed development
plans and shall include maps prepared with sufficient detail to illustrate
the location and general characteristics of the existing vegetation
before requested development and of revegetated areas after completion
of the development as follows:
[1]
Detail the location of tree stands, rock outcroppings, stone
walls, streams, lakes, ponds, wetlands and other water bodies, all
regulated trees as defined herein, and all other natural features
throughout the entire parcel(s) to be developed. Such map shall provide
the existing topography at two-foot contour intervals. The map shall
be signed by a licensed engineer or land surveyor for certification
of its accuracy.
[2]
Delineate an envelope on each parcel(s) or portion of property
anticipated to be disturbed, outside of which will be considered an
area of nondisturbance by development and construction activities.
[3]
Detail, within the proposed area of disturbance, regulated trees
as to general genus (i.e., oak, pine, etc.) and identify the number
and species of individual trees having eight inches caliper at DBH.
(b)
All trees that are identified and described above that are proposed
to be removed shall be clearly detailed on such map.
(c)
The tree plan shall demonstrate how required buffers, open space
and trees to be saved will be protected during construction, whether
with safety fencing or other approved alternative, the sequence of
which is approved by the Planning Board.
(d)
The tree plan shall designate buffer zones of at least 15 feet
along all perimeters of any regulated tree to be protected, as well
as critical root zones around existing trees, where trees will not
be removed or disturbed except as permitted herein.
(e)
All lands proposed for removal of regulated trees and all land
within 200 feet thereof, with exact locations of all buildings, streets,
utilities, drainage or other easements, watercourses, lot lines, block
and lot numbers and names of the landowners.
(f)
The proposed finished elevations at two-foot contour intervals
and the proposed drainage plan. The proposed finished grading plan
shall show the land to be smooth-graded, the topsoil respread to a
minimum depth of four inches and slopes no greater than 30°.
(4)
No approval shall be granted until the regulations implementing the
New York State Environmental Quality Review Act have been complied
with.
(5)
The Planning Board shall decide on the application within 62 days
of receipt of a complete tree removal permit. The Planning Board may,
as a condition of approval, require the replanting of trees of a specimen
and size determined to be suitable to the property as mitigation.
(6)
The applicant shall be required to furnish a performance bond, cash
escrow or other such arrangement as may be acceptable to the Planning
Board, upon the advice of the Village Attorney and Village Engineer,
to be sufficient to guarantee completion of the plan. Such security
shall be released only upon certification by the Village Engineer
that all requirements of this subsection have been complied with.
(7)
A tree removal permit issued for the removal of a regulated tree
shall not exceed a period of one year from the date of approval, but
such permit may be extended for an additional one year upon approval
of the Planning Board.
(8)
One copy of the approved plan shall be returned to the applicant
by the Village Clerk, together with the tree removal permit, upon
the payment of a fee to be established by the Board of Trustees.
(9)
The following properties and uses shall be exempt from the provisions
of this section:
(a)
Removal of a regulated tree incidental to highway or public
utility construction or maintenance conducted by a state, county or
local agency or a public utility company.
(b)
Issuance of a building permit, provided that the regulated tree
is located within the area of disturbance within which the improvement
is to be located. The applicant shall have obtained site plan approval
or a land disturbance permit, as applicable.
(c)
Removal of a regulated tree from a parcel of property performed
by the Village of Hillburn or a property owner where the Village has
determined the tree is dead or poses imminent danger to the health,
safety and welfare of any residence or street in the Village. A record
of proof of such removal shall be on file at Village Hall.
(d)
Removal of a regulated tree by a developer pursuant to site
or subdivision approval of the Planning Board or other approval issued
by applicable section of the Village of Hillburn Code, provided said
tree removal has been shown on said plans.
G.
Performance standards and prohibited uses.
(1)
Notwithstanding any other provision of this Zoning chapter, uses
with the following characteristics are prohibited in all districts:
(a)
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form, in any manner or amount, so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration, electromagnetic or other disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or the general welfare. See also Chapter 154, Noise, of the Code of the Village of Hillburn.
(2)
The following uses are prohibited in all Districts:
(a)
Open or partially enclosed storage of junk, refuse, paper, scrap
metal, abandoned motor vehicles, and storage of unregistered vehicles.
(b)
The cooking, distillation, processing and incineration of animal
products, including but not limited to food cannery plant, slaughterhouse,
stockyards, fat rendering, soap manufacture, glue manufacture, tannery,
paper manufacture, paint and varnish manufacture, creosote and creosote
products manufacture.
(c)
The production of corrosive and noxious chemicals, including
but not limited to acids, acetylene gas, ammonia, chlorine, and bleaching
compounds.
(d)
The use of hammer mills, rolling mills or drop forges in any
industrial process, and the testing or operation of jet engines and
automotive screw machines.
(e)
The production, processing and storage of coal, coal tar, petroleum
and asphalt products, including but not limited to coke manufacture,
illuminating gas production, petroleum refining, bulk gasoline and
petroleum storage, asphalt products, linoleum manufacture, oil cloth
manufacture, and roofing material manufacture.
(f)
The extraction, preparation and processing of dust-producing
mineral products, including but not limited to abrasive, lime, fertilizer,
plaster, crushed stone, and stone-cutting products.
(g)
The smelting and reduction of metallic ores, including but not
limited to blast furnace, open-hearth and electric furnace, and nonferrous
metal smelting.
(h)
The manufacture and storage of explosive products, including
but not limited to dynamite and commercial explosives, trinitrotoluene
(TNT) and military explosives and fireworks.
(i)
Microwave receiving and transmitting towers.
(j)
Excavations, soil mining and quarrying as a principal use.
(k)
Automobile washing facilities.
(l)
Dumps, sanitary landfills, transfer stations, recycling facilities,
construction and demolition dumps, resource-recovery facilities and
junkyards, except those operated by the Village or when operated by
an entity under contract with the Village to operate such a facility.
(m)
Trailer parks and mobile parks. Trailer parks and camps and
mobile home parks are prohibited in all zoning districts.
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This list is intended to be illustrative and not exhaustive. Any use which the Zoning Board of Appeals determines is similar in nature to the above uses and/or which meets the characteristics as described in Subsection (1)(a) above shall be a prohibited use.
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H.
Federal flood hazard area regulations. Within the Village of Hillburn there exist certain special flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Adherence to Chapter 130, Flood Damage Prevention, of the Village of Hillburn Code shall be a requirement of any building permit, or any approval granted by the Planning Board or variance issued by the Zoning Board of Appeals.
I.
Rockland County stream regulations.
(1)
Statement of purpose. Within the Village of Hillburn there exist
certain streams shown on the Official Map of Rockland County, so designated
to assist in the alleviation of recurring flood damage to public and
private property and the prevention of danger to the public health
and safety.
(2)
Authority. The Legislature of the State of New York enacted the Rockland
County Stream Control Law under authority of Chapter 846 of the Laws
of 1975, granting to the Rockland County Drainage Agency the authority
to issue permits for the performance of any construction work, maintenance
of any structure, maintenance of any channel obstruction or placing
of any fills within streams or within 100 feet from such streams as
defined by the Rockland County Drainage Agency or for changing the
location, cross section, course or current of any stream which is
shown on the Official Map of Rockland County.
(3)
Requirements in county streams. The Planning Board shall not approve
any final site plan or final subdivision plat or special use permit
for property under the jurisdiction of the Rockland County Drainage
Agency until the requirements of that agency have been met.
J.
Environmental quality review.
(1)
Purpose. It is the purpose of the New York State Environmental Quality Review Act (SEQRA) to assure that consideration of environmental factors is incorporated into the planning and decisionmaking process at the earliest possible time. It is further the purpose of said regulations to assure that the procedure for such is consistent with the New York State Environmental Quality Review Act, as set forth in Article 8 of the Environmental Conservation Law. See also Chapter 105, Environmental Quality Review, of the Code of the Village of Hillburn.
(2)
Applicability.
K.
Environmental constraints. In order to limit development in areas
with severe environmental limitations, the following regulations shall
apply in all zoning districts. Development shall be situated so as
to avoid being located on these features to the maximum extent.
(1)
Land under water: applicable prior to development. No portion of
a parcel may be counted as part of any minimum lot area if subject
to the following: ponds, locally designated wetlands; that portion
of any stream under the jurisdiction of the Rockland County Drainage
Agency; within the Federal Emergency Management Agency's designated
100-year floodplain; within an area subject to a management or land
use plan under the "wild, scenic and recreational river" designation;
that portion of any freshwater wetland so designated by the New York
State Department of Environmental Conservation; and that portion of
any freshwater wetland regulated by the U.S. Army Corps of Engineers.
(2)
(3)
Rock outcrops: applicable prior to development. Not more than 50%
of the area of that portion of a parcel with rock outcrops in excess
of 50 square feet in size may be counted as part of the minimum lot
area of a parcel.
L.
Fences and walls.
(1)
Fences or walls surrounding any portion of a front yard shall not
exceed four feet in height, except that, within 20 feet of a street
line, the height shall not exceed 3 1/2 feet.
(2)
A solid fence not more than six feet in height is permitted other
than in a front yard. A solid fence is any fence with a solid or nonpermeable
or opaque area exceeding 75% of its total area (uniformly distributed).
Existing rock walls that serve as fences are permitted.
(3)
Fences and walls shall have their finished decorative face directed
to the abutting property. No supports, posts or bracing shall be placed
on the side of the fence that faces any abutting lot, street, road
or public right-of-way. No fence shall project beyond any property
line.
(4)
Height. Fence height shall be measured from the natural grade along
the base thereof. Where a fence is installed on top of a berm or retaining
wall, the height shall be deemed to include the height of the underlying
berm or wall. Fences shall be provided with a gate or other means
of access to the enclosed space for emergency purposes.
(5)
Separation requirements. The minimum distance between a fence and
a shared lot line shall be 18 inches unless it is established to the
satisfaction of the Code Enforcement Officer that the fence is intended
to be a common fence. In the case of a common fence, the Building
Department may require proof of a recorded agreement between the contiguous
lot owners to ensure future maintenance and repair of the common fence,
including future owners.
(6)
Street right-of-way. All fencing must be contained within the confines
of the owner's property, and at no time shall such fence be constructed
upon lands of the Village. Access to municipal easements and right-of-way
on any property shall be maintained and not obstructed without approval
of the Village Board. The minimum distance between a fence and a municipal
easement and/or right-of-way and/or municipally owned property line
shall be five feet unless it is established to the satisfaction of
the Code Enforcement Officer that a fence may be located closer than
five feet without detriment to sight distance, easements, or other
need for access. The Village Board may require a gate or other appropriate
means to access any easement or right-of-way.
(7)
Prohibited materials. No person shall be permitted to erect or cause
to be erected any barbed wire, razor, chain-link except with closed
loop at the top, electrically charged, short pointed metal, poultry,
turkey wire, or any similar type fence. A chain-link fence shall not
be permitted within any front yard. Tarpaulin, canvas, cardboard and
other impermanent materials are prohibited fence materials.
(8)
Preexisting noncompliance. Any fence legally in existence on the
effective date of this Zoning chapter shall be permitted to remain,
provided that such fence is maintained. At such time that the fence
is removed, altered or reconstructed, any new fence shall conform
to these provisions.
(9)
Corner lot exception. Upon approval of the Planning Board, a corner
lot may be permitted to have a fence within one front yard. In said
yard, it shall be installed at the required yard setback line.
(10)
Maintenance. Fences, walls and other minor constructions shall
be maintained in safe, good and substantial condition and in sound
structural condition.
M.
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. The applicant shall
elect or so designate on the plan which of the remaining two required
yards shall be the required side yard and the required rear yard unless
said yards have been determined during subdivision plan review and
approval.
A.
Principal buildings. Unless otherwise allowed by the specific conditions
associated with a special use permit, in the R-60, R-9 and R-6 Zoning
Districts in the Village of Hillburn there shall be no more than one
principal building located on each lot.
B.
Corner lot sight distance. On a corner lot in any residence district,
no fence, wall, hedge or other structure or planting more than 2 1/2
feet in height shall be erected, installed placed or maintained within
the triangular area formed by the intersecting street lines or their
projections where corners are rounded and a straight line joining
said street lines at points which are 20 feet distant from the point
of intersection or the point of curvature, measured along said street
lines and/or projections.
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C.
Cluster development.
(1)
Authority. Under authority of § 7-738 of the Village Law
of the State of New York, the Board of Trustees of the Village of
Hillburn grants to the Planning Board the authority to modify applicable
bulk requirements of this Zoning chapter with respect to approval
of specific subdivision plats for residential purposes by requiring
cluster development. Prior to the use of this authority, the Planning
Board shall, in each case, obtain the approval of the Board of Trustees.
The Board of Trustees may impose requirements as part of its approval.
(2)
Purpose. The purpose of this authorization shall be to enable and
encourage flexibility of design and development of land in such a
manner as to promote the most appropriate use of land to facilitate
the adequate and economical provisions of streets and utilities, to
preserve the scenic qualities of open lands, to protect areas of meaningful
ecological value, reduce flood hazards, minimize negative environmental
impacts, improve the esthetic quality of new residential development,
widen housing opportunities, encourage the conservation of energy,
increase recreational opportunities, and discourage building on steep
hillsides and hilltops.
(3)
Conditions. This procedure may be followed by the Planning Board
upon written application by the owner or subdivider or at the initiation
of the Planning Board. The Planning Board may allow or require the
use of a cluster development approach if, in the Board's judgment,
its application would benefit the Village, subject to the following
conditions:
(a)
This procedure may only be applied to lands within the R-60,
R-9 and R-6 Zoning Districts.
(b)
The procedure may be used to modify the minimum lot area requirements;
lot width; front, side and rear yards and setbacks; and street frontage.
This procedure shall not be used to modify the maximum building height
requirement.
(c)
The resulting number of dwelling units shall in no case exceed
the number which could be permitted in the Planning Board's judgment,
if the land were subdivided into lots conforming with zoning regulations
and any other local, county, state or federal regulations regulating
land. The applicant shall submit a conventional plan which shall be
reviewed by the Planning Board to determine the maximum lot yield.
The basis for this determination will be a conventional subdivision
plat for the subject parcel showing all environmental constraints
as per this Zoning chapter, as well as roads (including road grades),
stormwater basins, required setbacks for individual wells and septic
systems, grading and other information as may be required by the Planning
Board. The Planning Board shall, by resolution, establish the maximum
residential yield upon a review of the conventional plan layout. The
Planning Board may waive submission of documentation of the full residential
yield where, in the Planning Board's judgment, the number of lots
proposed is substantially less than the total allowable residential
yield, provided that the plat contains a notation clearly indicating
the reduction in the total lot count for the entire parcel.
(d)
Residences, i.e., housing types, that are otherwise allowed
by right within the applicable zoning district shall be permitted.
(e)
No less than 50% of the property shall be preserved as open
space, and the Planning Board shall determine the location and ownership
of the open space. A perpetual conservation easement restricting development
of the open space land and allowing use only for agriculture, passive
recreation, protection of natural resources, or similar conservation
purposes, pursuant to § 247 of the General Municipal Law
and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law, shall be granted to the Village with the approval
of the Village Board, or to a qualified not-for-profit conservation
organization acceptable to the Village Board upon the recommendations
of the Planning Board. Such conservation easement shall be approved
by the Planning Board and shall be required as a condition of subdivision
plat approval. The conservation easement shall be enforceable by the
Village if the Village Board is not the holder of the conservation
easement. The conservation easement shall be recorded in the County
Clerk's office prior to or simultaneously with the filing of the final
subdivision plat in the County Clerk's office or a site plan in the
Planning Department.
(4)
Preservation of land as open space.
(a)
In the event that the application of this procedure results
in a plat showing lands available for park, recreation, open space,
or other municipal purposes directly related to the plat, then the
Planning Board as a condition of plat approval may establish such
conditions as to the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes. The Board of Trustees may require that such
conditions shall be approved by the Board of Trustees before the plat
may be approved for filing.
(b)
Open space land created as part of a cluster subdivision, and
which is not required or permitted to be accepted for dedication to
the Village of Hillburn, shall be in a form of common ownership or
in a conservation easement, the form and content of which shall be
subject to the approval of the Village Board and shall meet at least
one of the following conditions:
[1]
Each owner or owners of every subdivision lot shall be an owner
in common with the other owners of the subdivision of the land intended
to be held as open space.
[2]
Each subdivided lot shall carry with it a covenant underwriting
the payment of taxes on the open space land, which covenant shall
bind the owner thereof and every successive owner thereof.
[3]
A homeowners' or cooperative association or corporation may
be formed to hold ownership of the open space, provided that each
and every subdivided lot owner shall remain liable for the taxes,
operation and maintenance of the open space land.
[4]
Such other mechanism or form as shall be approved by the Village
Board which shall satisfy the requirements of the payment of taxes
and the operation and maintenance of the property so created.
[5]
Public hearing. The proposed subdivision or site plan, including
areas within which structures may be located, the height and spacing
of buildings, open space and their landscaping, off-street open and
enclosed parking spaces, and streets, driveways and all other physical
features as shown on said plan or otherwise described, accompanied
by a statement setting forth the nature of such modifications, changes
or supplementations of existing zoning provisions as are not shown
on said subdivision site plan, shall be subject to review and public
hearing by the Planning Board.
[6]
All open space lands shall be subject to a conservation easement
and deed restrictions in a form satisfactory to the Village Attorney
and approved by the Village Board.
(5)
Filing. On the filing of the plat in the office of the County Clerk,
a copy shall be filed with the Village Clerk, who shall make appropriate
notations and references thereto in the Village Zoning chapter or
Map.
D.
Local housing. As part of any residential development or subdivision
of a parcel larger than one acre in size, the Planning Board, subject
to the approval of the Village Board, may require that 10% of the
residences be of a type, nature, location and cost to be available
to Village residents, subject to the following conditions:
(1)
Such local housing residences shall be physically integrated into
the overall development.
(2)
Priority for such residences shall be given in the following order:
1) individuals who have been residents of the Village for more than
five years; 2) individuals employed by the Village; 3) individuals
who serve as first responders within the Village; 4) individuals who
serve as first responders outside of the Village but within five miles
of the Village.
(3)
A unit of local government or a nonprofit agency shall be selected
by the Village Board to select residents and assume any management
responsibilities.
(4)
The income level of eligible households shall be not more than 80%
of the median income of households residing in the Village of Hillburn
measured in the year immediately preceding the anticipated occupancy
of the dwelling units.
(5)
The sales price or rental of a local housing unit cannot be greater
than 2.5 times the income level of the eligible household.
(6)
A procedure shall be established whereby units, when vacated, can
be made available to another eligible household.
A.
Vehicular access to an existing or proposed nonresidential use through
a residential zoning district is prohibited, unless said nonresidential
use is specially allowed as a permitted use or special use in the
residential zoning district.
B.
Property maintenance. The purpose of this section is to provide basic and uniform property and maintenance standards governing the condition and maintenance of all nonresidential uses, including but not limited to vacant lots, offices, places of public assembly, shopping centers, retail stores, warehouses, light industry, automotive repair, bus depots and other business uses. These regulations are in addition to the regulations set forth in Chapter 184, Property Maintenance, of the Village of Hillburn Code and the New York State Uniform Property Maintenance Code.
C.
Deposit of debris on streets or right-of-way prohibited. No person
shall deposit, blow, sweep, rake or otherwise cause debris to be put
onto or into Town streets, sidewalks, drainage ditches, gutters, culverts
or on any portion of the Town's ten-foot right-of-way. A violation
of this section can be enforced by the Town Code Enforcement Officer,
Code Enforcement Officer or any member of the Town of Ramapo Police
Department.
D.
Maintenance standards.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural safety
or health hazard by reason of construction, maintenance or manner
of discharge.
(2)
Fences or other accessory structures shall be maintained in a safe
and nondeteriorated condition.
(3)
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled,
and necessary repairs or replacement shall be made.
(4)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation and debris. They shall be
maintained in a manner that will prevent dust or other particles from
being blown about the neighborhood.
(5)
Heavy undergrowth and accumulations of plant growth which are noxious
or detrimental to health shall be eliminated. Any trees or portions
thereof located on private property and constituting a hazard to person
or property shall be removed. Owners of vacant lots shall mow the
lawns and cut all grass back a distance of 10 feet from the curb and/or
the side of the road at least once a month from April 1 to November
30.
(6)
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may be in
disrepair.
(7)
Restaurants and other eating facilities shall have garbage containers
sufficient in number for all of their solid waste and shall maintain
them in satisfactory condition. Restaurants shall further maintain
adequate grease traps to ensure that grease is not disposed of into
the sewer.
(8)
Every exterior wall, roof and porch or appurtenance to a building
shall be maintained in a manner so as to prevent collapse of the same
or injury to the occupants of the building or to the public.
(9)
The foundation walls of every building shall be maintained in good
repair and shall be structurally sound.
(10)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time by the Code
Enforcement Officer to ensure that the building and its adjoining
yards remain safe and secure and do not present a hazard to adjoining
property or the public. All openings shall be provided with painted
exterior-grade plywood closures, securely fastened.
(11)
Buildings and structures shall be maintained in such condition
so that they shall not become an unoccupied hazard as defined in this
chapter. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
(12)
All signs, awnings and lighting systems shall be maintained
in a completely operable, clean, sightly, nondeteriorated and safe
condition.
(13)
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition so as not to be a potential source of ignition
of combustible material or an electric hazard or shock and shall be
properly connected to a reasonable, adequate source of electrical
power.
(14)
All plumbing fixtures, sanitary facilities, plumbing appliances
and plumbing equipment shall be properly maintained in good working
condition.
(15)
Dumpsters. All dumpsters shall be enclosed with fencing and
shrubs and other screening as approved by the Code Enforcement Officer.
(16)
Unoccupied hazard. Unoccupied hazards shall be subject to condemnation
in accordance with the laws of the State of New York and this Village.
