The following regulations apply to the residential
"districts" established under this chapter.
B.
Site plan approval. Site plan approval by the Planning Board shall be required for (i) any new permit-required "structure," or (ii) "teardown" as defined under the New York State Building Code, (iii) special permit "uses" (1) through (16) listed in the Use Schedule in accordance with all standards and requirements of Article IX of this chapter. For the purpose of protecting the health, safety and general welfare of the Town of Pound Ridge, and specifically to mitigate the potential impact of the above-referenced nonresidential "uses" on adjacent residential properties, a fifty-foot buffer screening area shall be maintained along all perimeter boundaries of properties containing such "uses." Such buffer screening area may be modified by the Planning Board where the topography and/or other factors make it unnecessary to maintain the required 50 feet. Within the buffer area, existing vegetation and natural features shall be preserved and protected unless modified as part of a landscape plan approved by the Planning Board. Routine maintenance, including fertilization, the removal of dead or diseased vegetation, brush clearing, etc., and the planting of supplemental and/or seasonal vegetation shall be permitted. Any other construction or alteration within such buffer area shall be subject to site plan approval by the Planning Board as provided herein.
[Amended 5-4-2006 by L.L. No. 5-2006]
A.
For convenience in administration and for the better understanding of this chapter and in order to assure that all development in the Residential, the "Landscape Nursery and Garden Center" and the Planned Business "Districts" is appropriately located on individual "lots" so as to achieve the purposes established in Article I of this chapter, the accompanying schedule entitled "Schedule of Bulk Regulations, § 113-37," shall be deemed part of this article and is referred to herein as "Bulk Schedule."[1] The requirements listed for each "district" as designated
are subject to all other provisions of this chapter and, unless otherwise
indicated, shall be deemed to be the minimum requirements in every
instance of their application.
[1]
Editor's Note: Said Schedule of Bulk Regulations
is located at the end of this chapter.
B.
Supplementary setback requirements.
(1)
Purpose of supplementary setbacks. The setback requirements listed in the Bulk Schedule of this chapter are considered to be the minimum standards necessary to assure the appropriate development and "use" of land consistent with the purposes of this chapter. In order to assure that development on newly created "lots" in residential "districts" is appropriately located so as to achieve the purposes established in Article I of this chapter, the Planning Board is hereby authorized to establish supplementary setback requirements for all "structures" in residential "districts." Such setback requirements shall in no case be less than the existing setback requirements for the specified "district" in which such "lot" is located.
(2)
Criteria for determination. In determining whether
such supplementary setback requirements should be required, the Planning
Board shall utilize the following criteria:
(a)
The presence on the site of unique natural resources,
including but not limited to controlled areas and the minimum activity
setback as defined in the Town Freshwater Wetlands Law,[2] steep slopes and rock formations, unique vegetation and
areas of wildlife habitat.
(b)
The presence on the site of unique cultural
resources, including but not limited to "buildings," "structures,"
stone walls or artifacts of archaeological value.
(c)
The existence of unique aesthetic features,
including but not limited to views and vistas.
(d)
The relationship of the property to adjoining
and nearby properties, "buildings" and "structures."
(3)
Procedures. For new subdivisions, supplementary setbacks
shall be shown on the final plat to be filed with the County Clerk.
Application for modification of supplementary setback requirements
shall be made to the Planning Board and shall include such information
as would normally be required by the Planning Board. The Planning
Board shall render its decision at a regularly scheduled meeting of
the Board in a timely fashion, and the results of that decision shall
be kept on file with the Building Inspector and the Planning Board
Secretary. If the proposed activity is regulated under the Pound Ridge
Freshwater Wetlands Law,[3] then approval by the Water Control Commission shall also be obtained. Relief from the minimum setback requirements or other requirements listed in the Bulk Schedule shall require action by the Zoning Board of Appeals in accordance with Article XI of this chapter.
The provisions of this article shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations:
A.
"Yards" and setbacks.
(1)
Terraces and porches. A paved terrace shall not be
considered in determination of "yard" size or "building coverage";
provided, however, that such terrace is unroofed and without walls,
parapets or other forms of enclosure. Such terrace, however, may have
an open guard railing not over three feet high and shall not project
into any "yard" to a point closer than 25 feet from any "lot line."
Any two-"story" or any enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the "building" in
the determination of the size of the "yard" or amount of "building
coverage."
[Amended 6-13-2023 by L.L. No. 3-2023]
(2)
Projecting architectural features. Cornices, eaves,
chimneys, bay windows, windowsills, belt courses and other architectural
features may project not more than two feet into any required "yard"
or into any "parking area" in a PB-A, PB-B or PB-C "District."
(3)
Except for "dry" stone walls, open horizontal board
farm fencing or post and rail fence, fencing may not enclose more
than 50% or a maximum of two acres, whichever is less, on any property
that is zoned R-2A or higher.
[Added 5-1-2003 by L.L. No. 5-2003[1] ]
[1]
Editor's Note: This local law also provided
for the renumbering of former Subsection A(3) through (10) as Subsection
A(4) through (11), respectively.
(4)
Nonelectric "fences, walls, gates, pillars and berms."
(a)
"Fences, walls, gates, pillars and berms" within
30 feet of a property line. It is the intent of this subsection to
balance the need for maintaining open vistas from area roadways, for
facilitating emergency access to "structures," for providing safe
"sight distances" and for maintaining the open space character of
the Town of Pound Ridge with the need to screen or buffer unreasonable
invasions of privacy which are beyond the control of the property
owner, including but not limited to traffic noise, air pollution,
unsightly views and proximity of house or outdoor living areas to
a heavily traveled "street" and disparate "uses" (such as residential
"lots" adjacent to nonresidential "lots," residential "lots" adjacent
to nonconforming "lots" and residential "lots" adjacent to unusual
"uses" in a residential "district"). All nonelectric "fences" greater
than four feet in "height" within the minimum vegetated buffers which
are not shown on a construction drawing or site plan approved by the
Planning Board shall require Planning Board approval.
(b)
The requirement of this article shall not be
deemed to prohibit any necessary retaining "wall" nor to prohibit
any "earthen berm," "fence" or "wall," provided that in any residential
"district" such "berm," "fence" or "wall" shall not exceed the "height"
restrictions outlined in this section.
(c)
"Height" of "fences, walls and berms."
[1]
Berms throughout the Town in any "yard" shall
not exceed four feet in "height."
[2]
"Fences" and "walls" in the "front (or streetside)
yard" shall not exceed four feet in "height," except for those roads
listed on the Heavy Traffic Road List filed in the Building Department
office. An additional two feet of open construction or semiscreen
fencing for a total of six feet in "height" for "front (or streetside)
yards," installed at least 10 feet inside the front property line,
is permitted on roads listed on the Heavy Traffic Road List, except
where such roads have a posted speed limit of 30 miles per hour or
under.
[4]
Any "fence" or "wall" for a landmark-designated property or for a property in an historic "district" is required to receive a certificate of appropriateness under Chapter 17, Historic "Districts," of this Code from the Landmarks and Historic District Commission of the Town of Pound Ridge before construction begins.
[5]
"Fences" and "walls" in side and "rear yards"
shall not exceed six feet in "height" and may consist entirely of
closed construction fencing and be located next to a property line.
It is recommended that abutting neighbors agree on a mutually acceptable
fence style if a fence is to be erected next to a shared property
line.
[Amended 5-1-2003 by L.L. No. 5-2003]
[6]
In determining "fence height," posts, post caps,
post tops, "pillars" and "gates" are excepted.
(d)
Pillars and gates, "fences" and wall openings.
Pillars up to two feet wide, whether supporting gates or standing
alone, and extending to a maximum “height” of six feet,
shall be permitted. The overall “height” of a gate in
conjunction with a nonelectric “fence” may be no higher
than five feet on a “street” not listed on the Heavy Traffic
Road List, and may be no higher than six feet on “streets”
that are listed on the Heavy Traffic Road List. Gates shall be set
back from the edge of the “street” pavement a minimum
of 20 feet to allow a vehicle confronted by a closed gate to stop
out of the lane of traffic. Pillars, gates or other barriers shall
not be placed any closer than 16 feet apart to allow easy access of
emergency service apparatus to the premises. In all cases, the Building
Inspector of the Town of Pound Ridge may use his discretion in requiring
an access width of more than 16 feet when specific site conditions
require same. In no case shall pillars or gates be installed on public
property.
[Amended 5-17-2007 by L.L. No. 3-2007]
(e)
Orientation of "fences, walls and berms." If
any "fence, wall or berm" located within a "yard" has a finished or
more attractive side, such side shall face the neighboring property
or the "street."
(f)
"Fences, walls, gates, pillars and berms" in nonresidential "districts." "Fences, walls, gates, pillars and berms" in nonresidential "districts" shall be subject to site plan review in accordance with Article IX, Site Plan Requirements, of this chapter.
(g)
Existing "fences," walls, gates, pillars and
berms of all types which are made "dimensionally nonconforming" by
this legislation are to be immediately registered with the Building
Department. They will be required to conform to the extent reasonable
and practicable as determined by the Building Inspector within a period
of time determined by the Building Inspector based on the required
modifications, but in no case less than two years. The Building Inspector
may request such cases to be reviewed by the Planning Board to mitigate
any adverse conditions. When requiring conformance and/or mitigation
measures, the Building Inspector and/or the Planning Board shall take
into consideration the degree of nonconformance, whether the fence
was constructed in accordance with the zoning in effect at the time
and the impact and the age of the improvements relative to the public
benefit practicality and cost of appropriate mitigation and conformance
measures.
(5)
Electric and open wire "fences." Electric and open
wire "fences" up to seven feet in "height" are permitted under the
following conditions:
[Amended 5-1-2003 by L.L. No. 5-2003]
(a)
A permit must be obtained from the Building
Inspector.
(b)
Electric and open wire "fences" shall be set
back a minimum of 10 feet from all property lines and buffered by
trees and/or shrub planting as required by the Building Inspector
to soften the effect of the fence in areas where there is insufficient
natural vegetation. The Building Inspector may call on the Conservation
Board for recommendations and assistance in creating buffered area
planting requirements.
(c)
Open wire fences must be thin gage and black
or dark green vinyl coated. Posts supporting open wire fences are
to be black or dark green metal posts or natural cedar posts.
(d)
Unless otherwise approved by the Building Inspector,
electric "fence" specifications shall be:
[1]
Wire to be 12.5-gauge Class 3 galvanized high-tensil
steel with a life expectancy of 30 to 40 years, painted black.
[2]
Posts of either 0.4 CCA pressure-treated pine
(ends, corners, gates) or fiberglass and/or steel T-posts (line posts)
painted black and set on fifteen-foot to twenty-foot centers, with
occasional use of trees as posts using galvanized insulated J-bolts.
(e)
Electric "fence" materials and installation
procedures must meet Underwriters' Laboratories, Inc., standards as
well as the standards of construction as set forth by the Pound Ridge
Building Department.
(f)
Electric "fence" construction must be inspected
and approved by the Building Inspector for compliance with Underwriters'
Laboratories, Inc., safety standards and must receive a certificate
of compliance for all aspects of the installation from the Building
Department before becoming operational. Failure to comply with this
or any other subsection of this law shall be punishable by an initial
penalty not to exceed $750, and thereafter a penalty of $100 per day
until a certificate of compliance is issued.
(g)
Owners of electric "fences" located within 20
feet of any property line are required to post warning "signs" on
the "fence," one "sign" for each 40 to 50 linear feet of "fence."
One such "sign" must also be placed at the driveway entrance(s).
(h)
Gates for vehicular access in conjunction with
electric “fences” shall be set back a minimum of 20 feet
from the edge of the road to allow a vehicle confronted by a closed
gate to stop out of the lane of traffic. The minimum unobstructed
access width shall be no less than 16 feet. In all cases, the Building
Inspector of the Town of Pound Ridge may use his discretion in requiring
an access width of more than 16 feet when specific site conditions
require same. In no case shall a gate be installed on public property.
If the property owner elects to have an automated or motorized gate
operator, the property owner must also have a manual override located
on the road side of the gate for emergency service access or an approved
lock box system.
[Amended 5-17-2007 by L.L. No. 3-2007]
(i)
A property owner may elect to install an electrified
gate and/or various other types of gates for vehicular or pedestrian
access. In no case shall a gate be higher than six feet.
(j)
If a property owner elects to install an electrified
gate, rather than a cattle guard or a gate operated by an electric
eye, the electrified gate must have insulated latch handles and must
be painted black.
(k)
If an owner elects to install a solid wooden
or fiberglass gate, such gate must be of open construction for any
portion above a "height" of 4.5 feet.
(l)
If an owner elects to install a cattleguard,
either a precast reinforced concrete cattleguard insert or a unit
of metal piping in concrete may be used. With any cattleguard the
space under the insert or piping shall be no less than 12 inches in
depth. A pedestrian gate shall be installed adjacent to any cattleguard.
(m)
No electric "fence" shall be constructed which
will preclude effective access to the subject property by emergency
service responders.
(n)
The Building Department shall maintain a list
of all electric "fence" locations for circulation to emergency service
personnel.
(o)
All existing electric "fences" not previously
registered with the Building Department must be registered immediately
and modified to conform to the requirements of the Zoning Law as is
reasonable and practicable in the judgment of the Building Inspector.
The Building Inspector shall, in writing, indentify the required time
period to implement such improvements. When requiring conformance
and/or mitigation measures, the Building Inspector shall take into
consideration the degree of nonconformance, whether the fence was
constructed in accordance with the zoning in effect at the time and
the impact and the age of the improvements relative to the public
benefit, practicality and cost of appropriate mitigation and conformance
measures. All existing electric "fences" predating the enactment of
this subsection must be registered with the Building Department so
that emergency services may be notified of their locations.
(6)
Pool "fences." All swimming pools are required to
be fenced. Swimming pools constructed after January 3, 2003, must
comply with the Residential Code of the State of New York, Title 19
NYCRR, Section AG105. Swimming pools constructed between October 24,
1985, and January 2, 2003, must comply with Title 9 NYCRR Section
720.1. Swimming pools constructed before October 25, 1985, must comply
with Title 9 NYCRR, Section 1243.7, and Title 19 NYCRR, and Section
203.7.2.1 of the Property Maintenance Code of the State of New York.
[Amended 5-1-2003 by L.L. No. 5-2003]
(7)
Construction of any "fence" under this subsection shall be in compliance with Chapter 63, Freshwater Wetlands.
(8)
Prohibited "fences." The following "fences" and fencing
materials are specifically prohibited:
(a)
Barbed, razor or ribbon wire or broken glass
as part of any "fence," unless specifically permitted.
(b)
Pointed metal "fences."
(c)
Poultry wire, turkey wire, chain link or other wire "fences" (except as specifically permitted under § 113-38A(5) above), within 30 feet of any property lines.
[Amended 5-1-2003 by L.L. No. 5-2003]
(d)
Temporary "fences," such as snow "fences," unless
on sites under construction or for snow control.
(e)
Chain link "fences" erected with the open loop
at the top of the "fence."
(9)
Existing "fences." All existing "fences" which do
not conform to the provisions of this chapter continue to be in violation.
Existing electric "fences" must be registered with the Building Department.
Existing "fences" shall not be "altered," extended, replaced or modified
except in accordance with the provisions of this chapter.
(10)
"Sight distances" at intersections. At any "street"
intersection in any residential "district," no "fence, wall, gate,
pillar, berm" or other "structure" or planting more than three feet
in "height" shall be erected, placed or maintained within the triangular
area formed by the intersecting "street" lines and a straight line
joining said "street" lines at points which are 75 feet distant from
the point of intersection, measured along said "street" lines. The
"height" of three feet shall be measured above the road surface at
the nearest edge of the road. This subsection shall not apply to existing
trees, provided that no branches are closer than eight feet to the
ground.
(11)
"Corner lots." On a "corner lot" in any residential
"district," there shall be provided a "yard" on each "street" equal
in depth to the required "front yard" on such "streets." A "rear yard"
shall be provided on each "corner lot," and the owner shall elect
which "yard" is the "rear yard."
(12)
In no case shall a private individual install
fencing, walls, gates, pillars or berms on public property.
[Added 5-1-2003 by L.L. No. 5-2003]
(13)
All proposed fences, walls, gates, pillars and
berms require a permit from the Building Department.
[Added 5-1-2003 by L.L. No. 5-2003]
B.
"Height" exceptions.
(1)
The "height" limitations of this article shall not
apply to spires, cupolas and domes of churches or other places of
worship, nor to chimneys, ventilators, skylights, water tanks, bulkheads
or similar features and necessary mechanical appurtenances usually
carried above the roof level. Such features, however, shall be erected
only to such "height" as is necessary to accomplish the purposes they
are intended to serve, but in no case exceeding eight feet above the
roof line, and the total area covered by such features shall not exceed
10% of the area of the roof on which they are located.
(2)
The provisions of this article shall not prevent the
erection above the "building height" limit of a parapet wall or cornice,
for ornament and without windows, extending above such "height" limit
no more than five feet.
(3)
The "height" limitations of this article shall not
apply to transmission towers and cables, radio, television or "wireless
telecommunications services facilities" when such "structures" are
otherwise permitted by this chapter.
[Added 8-13-1998 by L.L. No. 7-1998]
[Amended 5-2-2002 by L.L. No. 1-2002]
A.
In an effort to increase housing options in the Town
of Pound Ridge, the Town has concluded that enactment of legislation
designed for this purpose is desirable and necessary. It is the specific
purpose and intent of allowing "accessory apartments" in the R-2A
and R-3A one-family residential "districts" to provide the opportunity
and encouragement to owners of "one-family dwellings" within those
"districts" to develop small, rental housing units designed to meet
the special housing needs of single persons and couples. It is also
the purpose and intent of this provision to promote the more efficient
use of the Town's existing inventory of "dwellings" and "accessory
buildings," thereby protecting and preserving property values; providing
economic support for present property owners and promoting the other
objectives of this section. The following specific standards and requirements
are set forth for the permitted establishment and use of such "accessory
apartments."
(1)
"Accessory apartments" may be located in R-2A and
R-3A Residential Districts.
(2)
The owner of the lot on which the "accessory apartment"
is located must occupy either the principal residence or the "accessory
apartment."
(3)
There shall be no more than one "accessory apartment"
per "lot" regardless of the amount of excess acreage.
(4)
All new "accessory apartments," whether located within
a principal residence "building" or in a conforming "accessory building,"
shall be subject to site plan review by the Planning Board.
(5)
The minimum size of an "accessory apartment," whether
located within a principal residence or in an "accessory building,"
shall be 300 square feet. In no case shall it exceed 1,200 square
feet.
(6)
The size of an "accessory apartment" must not exceed
30% of the "gross floor area," exclusive of unfinished "basement,"
attic and garage, of the principal residence.
(7)
Whether located in a principal residence "building"
or in an "accessory building," there shall be no more than two bedrooms
in an "accessory apartment."
(8)
Prior to the issuance of a building permit for the
establishment of an "accessory apartment" either in a "principal building"
or an "accessory building," approval of the proposed plan for septic
disposal and water supply, prepared and signed by a sanitary engineer
licensed by the State of New York, shall be obtained from the Westchester
County Department of Health and confirmed by the Planning Board.
(9)
Whether in a principal residence or located in an
"accessory building," where any proposed "accessory apartment" (including
any septic, water or other systems and services used for such "accessory
apartment") is proposed to be located in whole or in part within the
Town minimum one-hundred-fifty-foot wetlands activity setback area,
the applicant must demonstrate to the satisfaction of the Water Control
Commission that the proposed use will have no negative impact upon
the surrounding wetlands. Indications of negative impact will result
in the automatic denial of the "accessory apartment" application.
(10)
During its site plan review, the Planning Board
shall determine the adequate on-site vehicle parking requirements
for any proposed "accessory apartment" and such parking requirements
shall be clearly shown on the approved site plan. A minimum of two
parking spaces is required. Under no circumstances may the Planning
Board approve on-street vehicle parking for the occupants of the principal
residence or any approved "accessory apartment."
(11)
One curb cut shall access both the principal
and the accessory residence. No "double cut" driveways will be permitted.
(12)
Within 30 days of receipt of a completed application
which conforms to all standards as set forth above, the Building Inspector
shall conduct an on-site inspection of the proposed "accessory apartment"
location to confirm the physical details of the site as it relates
to the proposed application.
B.
"Accessory apartments" located in principal residence
"buildings."
(1)
"Accessory apartments" may be located within existing
space of a conforming principal residence "building," provided both
the apartment and the principal building are in conformance with all
applicable health codes, building codes, zoning codes, fire codes
and this chapter.
(2)
In the case of an "accessory apartment" located within
existing space of a conforming principal residence "building," minimal
footprint increases shall be permitted to accommodate a separate entrance
and/or the addition of a staircase, where appropriate. Such minimal
footprint increases must be approved by the Building Inspector and
be included as part of the site plan review by the Planning Board.
(3)
"Accessory apartments" within a principal residence
"building" shall not exceed a maximum of 1,200 square feet or 30%
of the "principal building," whichever is less. The minimum size of
an "accessory apartment" within a principal residence is 300 square
feet.
(4)
If an "accessory apartment" is located in a principal
residence "building," the entry to the "accessory apartment" unit
and its design shall be such that the appearance of the principal
residence "building" shall remain as a single-family residence.
(5)
"Accessory apartments" may also be added to a principal
residence "building," provided both the "principal building" and the
apartment are in conformance with all applicable health codes, building
codes, zoning codes, fire codes and this chapter.
(6)
"Accessory apartments" added to a principal residence
shall not exceed a maximum of 1,200 square feet or 30% of the "principal
building," whichever is less. The minimum size of an "accessory apartment"
added to a principal residence is 300 square feet.
(7)
If an "accessory apartment" is added to a principal
residence "building," the entry to the "accessory apartment" unit
and its design shall be such that the appearance of the principal
residence "building" shall remain as a single-family residence.
C.
"Accessory apartments" located in conforming "accessory
buildings."
(1)
Any "accessory building" which is proposed for use
as an "accessory apartment" shall comply in all respects with all
applicable building codes and setback standards for the "district"
in which it is located.
(2)
"Accessory apartments" are permitted in accessory
structures existing as of January 1, 2028, providing the accessory
use is maintained within the "accessory building" with the accessory
and providing both the accessory and the "accessory building" are
in conformance with all applicable health codes, fire codes and this
chapter.
[Amended 12-14-2017 by L.L. No. 4-2017; 1-10-2023 by L.L. No. 1-2023]
(3)
To provide an "accessory apartment" in a conforming
"accessory building" the accessory building may be increased in area
by no more than 115% and increased in footprint by no more than 15%.
Alternatively, the "accessory apartment" may increase the footprint
of the "accessory building" by no more than 100% and increase the
area by no more than 100%. In either case, the resulting apartment
is not to exceed 1,200 square feet and in no case to exceed 30% of
the size of the principal residence "building," whichever is less.
As part of the required site plan review, the Planning Board will
decide whether the proposed "accessory apartment" will comprise a
vertical or horizontal addition in order to maintain the existing
character of the site.
(4)
The minimum size of 300 square feet and the maximum
size of 1,200 square feet applies to apartments in, or added to, "accessory
buildings."
