Village of Croton-on-Hudson, NY Supplementary Regulations

All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear and side yards.

Accessory buildings on adjoining lots constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

Relation of accessory buildings to streets. Except as provided in Subsection H below for fences, walls, and retaining walls, no accessory building shall project nearer to the streets on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages or if the principal building does not face upon the street or for that or other reason related to topography or the characteristics of the neighborhood the requirement that accessory buildings project nearer to the street than such principal building is not appropriate, the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of such garage or other accessory building which may project nearer to the street than such principal building, the normal front yard setback requirements for a principal building to apply to such garage or accessory building unless the Zoning Board of Appeals shall specify otherwise and except that the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

[Amended 3-6-2017 by L.L. No. 1-2017]

Corner lots.

Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection, except tree trunks cleared to a height of eight feet.

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. The minimum district requirements for each shall be complied with.

Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to 75% of the minimum requirement if the average depth conforms to the minimum requirement.

Exceptions to yard requirements.

Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line.

[Amended 3-6-2017 by L.L. No. 1-2017]

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from the requirements of this subsection when the building otherwise complies with the regulations of this subsection. In computing the average setback, the presence of such entries and porticos shall be ignored.

Existing setback. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of two or more existing dwellings located within 300 feet on each side of said proposed dwelling, on the same side of the street and within the same block and the same district.

Exceptions to height requirements for office buildings and laboratories. District height limitations shall not apply to chimneys, antennas, ventilators, skylights, water tanks, bulkheads, cooling towers, necessary mechanical appurtenances and similar features usually carried above the roof level in office or laboratory buildings, provided that:

The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building on which they are located.

The height of each such feature shall not exceed 15 feet above the district height limitations.

All such features, except antennas, shall be suitably screened in a manner which is in harmony with the building of which they are a part.

Existing small lots in all RA and RB Districts.

Less than required area or width. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a total area or width less than prescribed herein, may be used for a one-family residence in RA and RB Districts and a two-family residence in RB Districts, provided that such a lot shall be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements, and with the minimum side yards set forth below:

[Amended 11-3-2014 by L.L. No. 2-2014]

		For Lots With a Width of:
		At Least or More Than (feet)	Less Than (feet)	Minimum Side Yard (feet)	Total of Both Side Yards (feet)
For one-family residence in:
	RA-60	100	125	20	45
	RA-40	100	125	20	45
	RA-25	75	100	15	40
	RA-9	50	75	8	20
	RA-5	--	50	5	13
	RB	--	50	5	13
For two-family residences in:
	RB	50	75	8	20

Less than required depth. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a depth less than that prescribed herein, may be used for a one-family residence in RA and RB Districts and a two-family residence in RB Districts, provided that such lot shall be developed in conformity with all applicable district regulations other than the minimum lot depth requirement and provided that the rear yard is at least 25% of the lot depth.

Fences and walls.

[Added 3-6-2017 by L.L. No. 1-2017]

Fences or walls in front yards shall be not more than four feet in height and, in the case of fences, not more than 50% solid, except as provided in Subsection C(1) above; provided, however, that the Planning Board shall have the authority, during the site plan review process, to approve retaining walls in front yards with a maximum height of six feet if the Planning Board makes a determination that a higher wall is required for the grading necessary to construct the driveway or primary structure.

Fences or walls not over six feet in height may be erected anywhere on a lot except in a front yard.

Fences not over eight feet in height and not more than 25% solid may be erected anywhere on a lot except in a front yard.

Fences shall be erected with the finished side facing the street(s) or abutting lot(s).

§ 230-41 Accessory apartments.

[Added 10-18-1982 by L.L. No. 8-1982; amended 1-21-1985 by L.L. No. 1-1985; 5-7-1990 by L.L. No. 2-1990; 6-27-1994 by L.L. No. 4-1994; 1-31-2005 by L.L. No. 1-2005; 10-19-2015 by L.L. No. 9-2015; 1-10-2024 by L.L. No. 1-2024]

An accessory apartment shall be permitted in a single-family detached dwelling or in an accessory structure (an accessory cottage), on a lot containing no more than one dwelling unit, in districts permitting single-family residences upon approval by the Planning Board, subject to the conditions and limitations contained in this section.

An accessory cottage shall comply with all requirements of this chapter applicable to accessory structures, except that any such structure shall have a minimum setback from all property lines of 10 feet. An accessory cottage may be located in a conforming accessory structure existing as of the date of this section having a setback to any property line of less than 10 feet.

No accessory apartment or accessory cottage shall be installed or maintained except upon approval by the Planning Board. The application procedures and required submittals shall be the same as for minor site plan approval, except that noticing shall be required for property owners within 100 feet of the subject property and that scaled floor plans, with floor areas noted, shall be submitted as part of the application. The application fee for an accessory apartment or accessory cottage application shall be an amount set by resolution of the Board of Trustees. Approval for an accessory apartment shall be issued to and run with the property owner.

The owner of a property on which the accessory apartment or accessory cottage is located shall occupy at least one of the dwelling units on the premises as his primary residence. For the purposes of this § 230-41C of the Zoning Code, the word "owner" shall mean: any individual who is an owner of the subject premises, including a joint tenant, tenant in common or tenant by the entireties; or the grantor and/or beneficiary of a trust that owns the subject premises; or the owner of a majority of the membership interest/share interest in an LLC or corporation that owns the premises. Notwithstanding the foregoing, approval may be given for construction with an accessory apartment or accessory cottage on a lot as permitted hereunder by a party who intends to sell the premises to an owner who will occupy the premises as required. The accessory apartment or accessory cottage cannot be occupied as such unless and until the owner is occupying the primary dwelling unit or is taking occupancy of the accessory apartment or accessory cottage.

Upon a change in ownership, should the new owner desire to continue the accessory apartment or accessory cottage use, the new owner shall provide notification to the Building Department confirming the new owner will reside in the premises as required and that they are aware of the laws regarding accessory apartments and accessory cottages and will remain in compliance. Such notice shall be provided within 90 days of the change of ownership. Failure to timely file will result in a revocation of the accessory apartment or accessory cottage approval and the new owner will have to make a new application.

Only one accessory apartment or accessory cottage per lot containing a single-family detached dwelling shall be permitted.

The character, degree and extent of any additions to the residence or new accessory structure shall be a factor to be considered by the Planning Board in approval of an application for an accessory apartment or accessory cottage.

An accessory apartment shall have separate access, not observable from the street, unless there is a single access from the front of the building with a split access inside the building.

All code requirements under Village law and other applicable laws and regulations shall be complied with and a building permit obtained for any changes or alterations requiring such permit. The building permit fee for an accessory apartment or accessory cottage shall be reduced by 50%.

The habitable floor area of an accessory apartment or accessory cottage shall be no less than 300 square feet and no greater than the lesser of 800 square feet or, in the case of an accessory apartment, 40% of the habitable floor area of the dwelling in which it is contained, or, in the case of an accessory cottage, the size of the single-family detached dwelling. In any case, the Planning Board shall have the authority to approve a greater or lesser amount of floor area if warranted by the specific circumstances of a particular building or lot.

The building shall, to the degree reasonably feasible, maintain the character and appearance of a single-family dwelling.

No additional parking shall be mandatory for an accessory apartment or accessory cottage; however, a parking assessment shall be made by the Planning Board on a case-by-case basis during review of the application, and the Planning Board shall have the authority to require additional parking based upon such review. No seasonal hardship permit as referenced in § 215-29C shall be granted to a property with an accessory apartment unless same was given prior to November 1, 2023.

If the premises are not serviced by the Village sewer system, approval of the Westchester County Department of Health shall be obtained before Planning Board approval.

There shall be a limitation on the issuance of accessory apartment and accessory cottage permits so that no more than 50 permits total (combined accessory apartments and accessory cottages) are in existence at any time.

§ 230-42 Supplementary regulations for the Multiple Residence RC District.

[Amended 1-31-2005 by L.L. No. 1-2005]

Exceptions to yard requirements. Garages designed so as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required.

Exceptions to maximum coverage regulations. Where the Board of Trustees finds that the provisions of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitation.

Length of buildings. No building shall exceed a length of 160 feet.

Distance between buildings. The following minimum distances between buildings shall be observed:

Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

Notwithstanding any other provision, and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legally required window, other than a bathroom or kitchen window, and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot.

Courts.

Inner courts are prohibited.

The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.

§ 230-42.1 Mixed occupancy.

[Added 7-7-1993 by L.L. No. 4-1993; amended 6-13-1995 by L.L. No. 7-1995; 1-31-2005 by L.L. No. 1-2005]

Dwelling units may be permitted on the non-street-level story of buildings having nonresidential use on the street level, subject to the issuance of a special permit from the Board of Trustees and in accordance with the following conditions:

Mixed occupancy shall be permitted in Central Commercial C-1, Riverside Commercial C-1R(A), Riverside Transition C-1R(B), and General Commercial C-2 Districts only and in buildings which conform to the New York State Uniform Fire Prevention and Building Code for the proposed mixed occupancy.

[Amended 3-2-2020 by L.L. No. 5-2020]

The nonresidential use in a mixed-occupancy building shall be limited to the street level and shall not exceed 5,000 square feet.

The residential and nonresidential uses in a mixed-occupancy building shall have separate means of access (this is, the entrance/exit for residential use shall not be through the nonresidential use of the building and vice versa), except that the Board of Trustees may, at its discretion, approve the use of a common lobby or plaza.

The nonresidential use of the building shall be provided with the number of parking spaces required by § 230-35 herein. In addition, two parking spaces per dwelling unit shall be provided for the residential use of the building. The requirement of this subsection may be waived by the Board of Trustees for buildings existing on the date of adoption of this section if there is insufficient area for parking on the site of a mixed-occupancy building.

All utility, storage, service and parking areas on the site of the mixed-occupancy building shall be screened by means of landscaping and/or fencing to the extent deemed necessary and practical by the Board of Trustees in order to minimize the impact of these areas upon the residential use of the building.

Residential use shall not be permitted in buildings housing motor vehicle sales and service agencies, motor vehicle service stations, manufacturing, animal hospitals, bowling alleys or any other use deemed by the Board of Trustees to be incompatible with the residential use of the building.

The provisions of this § 230-42.1 shall not apply to properties located in the Harmon/South Riverside Gateway Overlay area which are permitted as set forth in § 230-20.3B(3) and defined as "mixed use" therein, or to mixed occupancy buildings permitted in the Municipal Place Gateway Overlay area as permitted in § 230-20.3B(4), or to properties located in the LI District where transit-oriented development of mixed-use or multifamily residential are permitted as set forth in § 230-18C(9).

[Amended 6-4-2012 by L.L. No. 1-2012[1]; 3-2-2020 by L.L. No. 4-2020; 3-7-2022 by L.L. No. 3-2022; 11-1-2022 by L.L. No. 14-2022]

Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 12 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.”

§ 230-43 Nonresidential buildings.

[Amended 1-31-2005 by L.L. No. 1-2005]

Supplementary height regulations in RC, C-1, C-1R(A), C-1R(B), C- 2, WC and PRE Districts. In RC, C-1, C-1R(A), C-1R(B), C-2, WC and PRE Districts, except for one- or two-family dwellings, where a lot has frontage on two or more streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level. When penthouses, etc., are over 12 feet high and cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.

[Amended 3-2-2020 by L.L. No. 5-2020]

Courts for nonresidential buildings.

Inner courts. No inner court shall have a minimum dimension less than 1/2 of the average height of all surrounding walls.

Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.

Obstruction to vision at street intersections. The provisions of § 230-40C(1) shall also apply to corner lots in nonresidential districts.

§ 230-44 Signs.

[Amended 5-7-1990 by L.L. No. 2-1990; 2-15-1999 by L.L. No. 4-1999; 3-19-2001 by L.L. No. 3-2001; 1-31-2005 by L.L. No. 1-2005]

Intent. The purposes of the signage regulations set forth in this chapter are to encourage the effective use of signs as a means of communication in the Village; to minimize possible adverse effects of signs on nearby public and private properties; to maintain and enhance the visual and aesthetic environment; to improve pedestrian and vehicular traffic safety; and to enable the fair and consistent enforcement of these sign regulations by the Village.

Conformance. Any sign shall be erected, replaced, moved or modified in conformity with the provisions of this chapter. All actions related to questions of conformance shall be subject to the review and decision thereon by the Planning Board. See Subsection K below for the regulation of temporary signs. Where the provisions of Subsections D through O below may be in conflict with the signage provisions relating specifically to the respective zoning districts in Subsection P below, the latter provisions shall apply.

Application process.

Except as provided in Subsection K in connection with temporary signs and in Subsection P(1)(f) in connection with residential yard signs, the Village Engineer shall receive, review and comment on conformance for all completed applications to erect, replace, move or modify signs. The Village Engineer shall then forward applications that are in substantial compliance to the Visual Environment Board (VEB) within five business days for VEB review and recommendation on the issuance of a sign permit. The Visual Environment Board's opinion shall be rendered to the Village Engineer and/or Planning Board within 21 days of receipt of said application. If the signage is part of an application for a site plan approval or a change of use approval, the Planning Board's decision on the site plan shall include its decision on the proposed signage.

[Amended 5-17-2021 by L.L. No. 4-2021]

The payment of an application fee in accordance with the Village's schedule of fees[1] shall accompany all sign permit applications.

Editor's Note: The current fee resolution is on file in the Village Clerk's office.

The Village Engineer and VEB shall maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process.

Relationship to use. All signs, except for temporary signs and except for the kind of billboards permitted in Subsection M below, must pertain to a use conducted on the same property on which the sign is located.

Illumination.

Permitted signs may be illuminated except where this chapter specifically prohibits certain signs from being illuminated. However, sign illumination shall not be twinkling, flashing, intermittent (except for time/temperature signs), or of changing degrees of color or intensity. Further, neon signs shall only be permitted on the inside of buildings. No sign shall contain or consist of Day-Glo-like material.

All light sources used for illuminating signage shall be shielded and shall not be a source of glare.

Upon referral by the Village Engineer and/or VEB, the Planning Board may require the submission of an illumination plan and may regulate the number, placement, intensity and hours of illumination of all light fixtures used for signage.

Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper vehicular sight distance. Further, signs shall not interfere with pedestrian or vehicular traffic flow, nor shall any sign interfere with any ventilation system, door, window, fire escape or other emergency exit.

Movement, animation, removable letters, lights. No sign or sign component shall be moving, animated, rotating or revolving. Further, no sign shall contain removable letters, except for signs associated with educational, religious or municipal institutions, gas stations, or with movie theaters. In addition, light strips and strings of lights shall not be used for advertising or attracting attention to a sign when they do not comprise the text of the sign.

Maintenance and quality of signs. All signs and components thereof shall be kept in good repair and in safe, neat and clean condition. All signs and related illumination shall be of a professional quality with respect to such matters as design, painting, lettering, materials and construction.

Nonconforming signs. All signs that do not conform to the provisions of this chapter shall be subject to the requirements of §§ 230-53 and 230-54 herein.

Projecting signs. Marquee signs are permitted for theaters only. For all projecting signs, there shall be at least an eight-foot clearance above pedestrian rights-of-way and at least a fourteen-foot clearance above vehicular rights-of-way for permitted signs projecting from buildings. Signs shall not project vertically above the roofline or parapet, or extend horizontally beyond the limits of the building.

Temporary signs.

[Amended 5-17-2021 by L.L. No. 4-2021]

Temporary signs are those which are displayed for short periods of time. Unless specified otherwise below, all temporary signs shall be limited in usage to a maximum of 45 days. Signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed.

Temporary signs do not require a signage permit and shall be restricted as applicable as set forth below:

"For Sale," "For Rent" or "Sold" signs. No more than two temporary signs, not exceeding six square feet in area each, are allowed for a single lot. One temporary sign, 16 square feet in area, is permitted for each real estate subdivision, set back at least 15 feet from the street line upon which the property is located. This signage usage shall be allowed beyond 45 days.

Temporary construction signs. The architect, engineer and contractors shall each be allowed one sign not exceeding six square feet in area. Such signs shall be permitted during the entire course of construction but shall be removed at the end of construction.

Temporary signs pertaining to election campaigns. Such signs shall not be subject to the forty-five-day limitation in Subsection K(1) above but shall be removed within 10 days after the election day.

Temporary signs pertaining to garage sales, tag sales or other business activities which have a duration of seven calendar days or less.

Temporary signs pertaining to events of civic, philanthropic, educational or religious institutions shall not be subject to the size limitation contained in Subsection K(4).

Except as provided in Subsection K(2)(a) through (e), temporary signs shall not exceed 16 square feet in area and shall not be illuminated.

Temporary signs shall not have an adhesive backing and must be easily removable without residual markings.

Temporary signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H above.

Freestanding signs. No freestanding sign shall extend more than 10 feet from the ground to the top of the sign except for a freestanding sign associated with a shopping center or a motor vehicle service station, which shall not extend more than 20 feet from the ground to the top of the sign.

Prohibitions. The following types of signs and artificial lighting are prohibited:

Billboards, except for those which are existing on the effective date of these regulations and which are associated with a site which is on the National Register of Historic Places.

Signs that compete for attention with or may be mistaken for a traffic signal.

Searchlights, beacons, blimps and permanent balloons.

Signs attached to or painted on trucks or other large vehicles when the vehicle is obviously marked and parked in such a manner as to advertise or attract attention to an establishment or business.

Banners, flags, strings of balloons, flags or lights, or similar outdoor advertising, except on a temporary basis with respect to the opening, reopening or remodeling of the business (that is, limited to a maximum duration of 45 days).

Consistent signage. Where a building or site is permitted more than one sign by the provisions of this chapter, all new signs shall be consistent relative to one another in terms of size, general shape and, if building-mounted, location on the building (mounting height). Further, the Planning Board may require the submission of a master signage plan for the site which shows said consistency.

Window signs. The combination of permanent and temporary signage applied to or placed within two feet of the interior of any given window shall be considered part of the signage in accordance with the provisions of this chapter. Further, in no event shall permanent window signage exceed 25% of the window on or within which it is located. Merchandise for sale is not considered part of the signage for purposes of this item.

District standards. The following signage shall be permitted within the districts listed below and shall be regulated therein, as follows. Said signage shall also conform to the provisions of Subsections A through O above, as qualified in Subsection B.

One-Family Residence RA-60, RA-40, RA-25, RA-9, RA-5 Districts; Two-Family Residence RB District; Multiple Residence RC District.

[Amended 11-3-2014 by L.L. No. 2-2014]

With respect to nurseries and the seasonal sale of produce, signs shall conform to Subsection P(1)(e) below.

With respect to funeral homes, there shall be no signs other than those permitted in Subsection P(1)(e) below.

With respect to customary home occupations, no display of signage shall be visible from the street, except as set forth in Subsection P(1)(e) below.

With respect to bed-and-breakfast establishments, one sign designating a bed-and-breakfast establishment shall be permitted, subject to the following conditions:

The area of the sign shall not exceed two square feet.

If freestanding, the overall height of the sign shall not exceed six feet as measured from finished grade to top of sign. NOTE: Refer to § 230-4, the definition of "building," and § 230-40A(1)(b) of this chapter.

The sign shall not be internally illuminated.

If externally illuminated, the illumination shall not exceed the equivalent of a one-hundred-watt bulb.

[5]

If illuminated, the illumination shall be constant, shall be directed towards the sign and shall be shielded from the view of the street and neighboring properties.

Signs conforming to the following shall be permitted as accessory uses:

One nonilluminated nameplate or professional sign with an area of not over two square feet.

One externally illuminated bulletin board or other announcement sign for educational or religious institutions permitted in § 230-9.1A(4) of this chapter, with an area of not over 12 square feet.

On lots used for residential purposes, up to three nonilluminated residential yard signs not exceeding six square feet each, and no higher than 42 inches above the existing ground surface, shall be permitted. Residential yard signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H above.

[Added 5-17-2021 by L.L. No. 4-2021]

Limited Office O-1 District. One nonilluminated sign facing a street and not exceeding an area of five square feet shall be permitted.

Limited Office O-2 District. One sign shall be permitted, provided that such sign is facing a street and as follows:

The aggregate area, in square feet, shall be not greater than 1 1/2 times the length, in feet, of the wall on which it is placed.

Such sign shall be parallel or perpendicular to the face of the building and no part thereof, including any illuminating devices, shall project more than 12 inches outward from the face of the wall to which it is applied for parallel signs and no more than 36 inches outward from the face of the wall to which it is applied for perpendicular signs.

Central Commercial C-1, Riverside Commercial C-1R(A) and Riverside Transition C-1R(B) Districts.

[Amended 3-2-2020 by L.L. No. 5-2020]

Signs accessory to an establishment located on the same lot shall be permitted, provided that such signs shall be limited as set forth in Subsection P(4)(b) below and as follows:

Not more than one such sign, excluding signs in windows, shall be permitted for each tenant on the premises on each facade which fronts on a street.

The aggregate area, in square feet, of all signs on any wall shall be not greater than two times the length, in feet, of the wall on which it is placed.

Such sign or signs shall be parallel or perpendicular to the face of the building, and no part thereof, including any illuminating devices, shall project more than 12 inches outward from the face of the wall to which it is applied for parallel signs and more than 36 inches outward from the face of the wall to which it is applied for perpendicular signs.

In addition, where the building is set back from the curbline a distance of 25 feet or more, not more than one freestanding sign with a total area on each face of not more than 40 square feet may be erected; provided, however, that the Zoning Board of Appeals may, in accordance with the procedure set forth in § 230-162B of this chapter, authorize the Village Engineer to issue a special permit for the erection or continuance of a freestanding sign with an area on each face not exceeding 40 square feet or such lesser area as the Zoning Board of Appeals may prescribe in instances where the building is set back from the curb or edge of traveled way less than 25 feet but 15 feet or more, subject to such conditions as the Zoning Board of Appeals may impose and with due regard to safety and other objectives set forth in § 230-162B where the Board shall find that:

[Amended 9-12-2023 by L.L. No. 17-2023]

[a]

The building in connection with which such sign is used or to be used was in existence on July 1, 1963, and has not after that date been altered to cause it to be closer to the curbline or edge of traveled way; and

[b]

Other permitted signs are not, because of lack of visibility or other reason, adequate in the determination of the Zoning Board of Appeals and, for that or other reason, the Zoning Board of Appeals deems such sign to be necessary or desirable.

Motor vehicle service stations.

[Amended 9-12-2023 by L.L. No. 17-2023]

Unless otherwise required by law, signs shall be limited to one freestanding sign and one exterior sign on each wall of a building fronting on a street and shall otherwise conform to the conditions for accessory signs set forth in Subsection P(4)(a).

In connection with the sale of used cars or rental of vehicles at a service station. No temporary signs shall be permitted on the exterior of vehicles. Signs in the interior of vehicles shall be limited to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing shall have characters not larger than one inch.

General Commercial C-2 District.

Accessory signs shall be as permitted in the Central Commercial C-l District as set forth in Subsection P(4).

[Amended 9-12-2023 by L.L. No. 17-2023]

Drive-in theaters. In lieu of signs other than a sign permitted by Subsection P(4)(a)[4], a drive-in theater may have:

The name of the theater on a sign affixed to the theater screen structure on the reverse side of the screen; and

A supplementary sign on that same face announcing the feature attraction or attractions and containing other information customarily contained in theatrical announcements or the opening or closing date of the theater.

Motor vehicle sales and service agencies.

No temporary signs shall be permitted on the exterior of vehicles. Signs in the interior of vehicles shall be limited to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing shall have characters not larger than one inch.

Light Industrial LI District.

Accessory signs. One sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of the building and shall not exceed an area of 50 square feet or an area equal to 1 1/2 times the length, in feet, of the wall on which it is placed, whichever is less. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished not later than 9:00 p.m. One identification sign at each point of access to the lot, with an area of not more than three square feet, shall also be permitted. A single directory sign, not exceeding eight feet in height, may be erected at the entrance of a complex of sites; each listing on such sign shall not exceed eight inches in height and two feet in length.

(7)

Waterfront Commercial WC District.

Accessory signs. One sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of the building, if any, and such sign shall not exceed an area of 30 square feet or an area equal to 1 1/2 times the length, in feet, of the wall on which it is placed, whichever is less. If there is no building, one freestanding sign shall be permitted, no higher than 10 feet from the ground, no greater than 30 square feet in area, and no closer than 25 feet to the nearest lot line. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours, as determined by the Planning Board.

(8)

Waterfront Development WD District.

Offices and studios. Signs for professional offices and studios shall be subject to P(1)(e) of this chapter.

Other uses. For uses other than specified in P(8)(a) above, one sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of a building, if any, shall not exceed an area of 24 square feet and shall not extend beyond said wall in any direction. If there is no building, one freestanding sign shall be permitted, shall be no higher than 10 feet above the ground, shall be no greater than 24 square feet in size and shall be no closer than 25 feet to the nearest lot line. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours, as determined by the Planning Board during the site development plan review process.

Directional, trail and project signs. Signage relating to vehicular, pedestrian and bicycle usage, traffic and parking shall be permitted, as shall an entry sign for the project itself. The locations, sizes, colors, materials and illumination of said signage shall be subject to the approval of the Planning Board as part of the site development plan review process.

All signs. All signs shall meet the standards of § 230-44 of this chapter. Every effort shall be made to avoid the blockage of views in the placement of signage on the site.

(9)

Supplementary regulations for any parking spaces adjacent to residence districts. Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use.

Modification of requirements. Where the Planning Board finds that strict compliance with the requirements of § 230-44 would cause unusual hardship or difficulty because of the specific circumstances of a particular situation, the Board may modify the requirements of said section so long as the Board finds that the public interest will be protected and that any such modification will be consistent with the spirit and intent of this chapter. In permitting any such modification, the Planning Board may attach such conditions as are, in its judgment, necessary to substantially secure the objectives of the requirement so modified.

§ 230-45 Municipal buildings, structures and uses.

[Amended 1-31-2005 by L.L. No. 1-2005]

The height and bulk limitations contained in Articles VI and VII of this chapter shall not apply to any municipal building, structure or use in connection with a municipal governmental function where there exists an engineering or other reason related to the particular site, building and use proposed in respect of which the opinion, in writing, of an independent engineer or expert shall have been obtained to the effect that the proposed building, structure or use will better serve its municipal function if it is carried out in a manner which is not in strict conformity with such height and bulk limitations; provided, however, that notwithstanding the nonapplicability of the height and bulk limitations in the circumstances set forth, any building, structure or use to which this section applies shall be authorized only by a resolution of the Board of Trustees which shall include:

Findings of fact setting forth the engineering or other reason and the Board's determination to the effect above set forth.

The Board's determination that the building, structure or use is for the purpose of carrying out a municipal governmental function.

Referring to the opinion, in writing, of an independent engineer or expert with respect to the proposed building, structure or use and setting forth the substance of such opinion and the Board's determination that it complied with the foregoing provisions.

The Board's determination that the proposed building, structure or use will be in general harmony with the general purposes and intent of this chapter. considered in the light of the overall health and welfare of the Village and that it will not be detrimental to the public welfare.

Prescribing such limitations and conditions with respect to the building. structure or use as the Board of Trustees may deem necessary or desirable.

§ 230-46 Amusement games and devices. [1]

Editor's Note: Former § 230-46, Amusement games and devices, added 3-8-1982 by L.L. No. 3-1982; amended 1-31-2005 by L.L. No. 1-2005, was repealed 9-20-2021 by L.L. No. 10-2021.

§ 230-47 Performance standards.

[Amended 1-31-2005 by L.L. No. 1-2005]

Restrictions on creation of dangerous and objectionable elements. Every use subject to performance standards shall conform to the restrictions set forth in Subsections B and C below.

Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and these shall be limited as follows:

Explosives. Activities involving the storage or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the Police Department. The list of materials or products which decompose by detonation, when in sufficient concentrations, includes but is not limited to the following:

	Acetylides
	Ammonium nitrates
	Anhydrous hydrazine
	Azides
	Black powder
	Blasting gelatin
	Chlorates
	Cyclonite or hexogene (cyclotrimethylenetrinitramine)
	Dinitroresorcinol
	Dinitrotoluene
	Dinol
	Dynamite
	Fireworks
	Fulminates
	Greek fire
	Guanidine nitrate
	Gun cotton (cellulose nitrate with nitrogen content in excess of 12.2% or pyroxylin)
	Hexamine (hexamethylenetetramine)
	Nitroglycerin
	Perchlorates (when mixed with carbonaceous materials)
	Permanganates
	Peroxides (except hydrogen peroxide in concentrations of 35% or less in aqueous solution)
	PETN (pentaerythritol tetranitrate)
	Petryl [2-(N,2,4,6 -- tetranitroaniline) ethanol nitrate]
	Picric acid
	Tetryl (N-methyl - N,2,4,6 - tetranitroaniline)
	TNT (trinitrotoluene)

Fire hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and adequate fire-fighting and fire-suppression equipment and devices standards in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of other state and local laws and regulations shall also apply.

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbances, except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies which adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.

Smoke. No emission shall be permitted any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines. (Power's Miscro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.) This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation or to other forms of property or which can cause any excessive soiling of any paint, and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per (standard) cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.

Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Water Pollution Control Board or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.

Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line, and these shall be limited as follows:

Noise. At the specified points of measurement the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.)

	TABLE I Maximum Permissible Sound-Pressure Levels at Specified Points of Measurement for Noise Radiated Continuously From a Facility Between the Hours of 7:00 p.m. and 7:00 a.m.
	Frequency Ranges Containing Standard Octave Bands (cycles per second)	Octave Band Sound Pressure Level (decibels re 0.0002 dyne/em)
	20 - 75	67
	75 - 150	66
	150 - 300	61
	300 - 600	54
	600 - 1,200	47
	1,200 - 2,400	39
	2,400 - 4,800	29
	4,800 - 10,000	20

If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I.

	TABLE II
	Type of Operation or Character of Noise	Correction (decibels)
	Daytime operation only	+5
	Noise source operates less than 20% of any one- hour period	+5*
	Noise source operates less than 5% of any one-hour period	+10*
	Noise of impulsive character (hammering, etc.)	-5
	Noise of periodic character (hum, screech, etc.)	-5
	*NOTE: Apply one of these corrections only.

Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C.

AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT

Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.

Elimination of nonconformities. Within 12 months after December 31, 1972, all existing uses, buildings or other structures shall comply with the applicable performance standards herein set forth; provided, however, that if the Zoning Board of Appeals finds that because of the nature of the corrective action required the twelve-month period is inadequate, it may, as a special permit, grant not more than one extension for a period of not more than six months. All new uses, buildings or other structures shall comply with the applicable performance standards when put into operation.

§ 230-48 Supplementary standards for the provision of affordable housing units. [1]

[Added 11-5-2018 by L.L. No. 9-2018]

Definitions. As used in this section, the following terms shall have the meanings indicated:

A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and

A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

Required affordable AFFH unit component.

Within all residential developments of 10 or more units created by subdivision or site plan approval, no less than 10% of the total number of units must be created as AFFH units. Rounding shall be done as follows: for 10 to 14 housing units: one AFFH unit; for 15 to 24 housing units: two AFFH; then continuing in like increments as the number of housing units increase.

Notwithstanding the above, all such AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan in place at the time.

Waivers for creation of additional fair and affordable housing. If a site plan or subdivision applicant wishes to voluntarily provide more AFFH units than are required by Subsection B above, the Village Board shall have the authority, but not the obligation, to waive such zoning and other land use regulations as it deems appropriate to allow additional dwelling unit(s) to be constructed, beyond the number which would otherwise be permitted under the Village's Zoning Code and other land use regulations if all of their requirements were adhered to. In order to qualify to be considered for this waiver, an applicant must demonstrate that, without the waiver, the inclusion of the additional AFFH unit(s) would impose a financial burden that would prevent the applicant from realizing a reasonable economic return on its development.

Maximum rent and sales price. The maximum monthly rent for an AFFH unit and the maximum gross sales price for an AFFH unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester.

Time period of affordability. Units designated as AFFH units must remain affordable for a minimum of 50 years from date of initial certificate of occupancy for rental properties and from date of original sale for ownership units.

Property restriction. A property containing any AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to Municipal Counsel which shall ensure that the AFFH unit shall remain subject to regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the AFFH unit prior to the issuance of a certificate of occupancy for the development.

Unit appearance and integration.

Within single-family developments, the AFFH units may be single-family homes or, if the Planning Board so elects, they may be incorporated into one or more two-family homes. If the Planning Board so elects, one or more AFFH unit(s) may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

Within multifamily developments, the AFFH units shall be physically integrated into the design of the development and, where multiple AFFH units are required, to the extent feasible, they shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AFFH units shall not be distinguishable from other market rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

Minimum floor area.

The minimum gross floor area per AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following:

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

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

As an alternative or supplemental standard if the Planning Board so elects: The minimum gross floor area per AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in Section 4.03.03 of the most recent edition of its joint Design Manual. See: http://nysdhcr.gov/Publications/DesignHandbook/UF2009_DesignHandbook.pdf or its successor.

Occupancy standards. For the sale or rental of AFFH units, the following occupancy schedule shall apply:

Number of Bedrooms	Number of Persons
Efficiency	Minimum: 1; maximum: 1
1-bedroom	Minimum: 1; maximum: 3
2-bedroom	Minimum: 2; maximum: 5
3-bedroom	Minimum: 3; maximum: 7
4-bedroom	Minimum: 4; maximum: 9

Affirmative marketing. The AFFH units created under the provisions of this section shall be sold or rented and resold and re-rented during the required period of affordability, only to qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan then in effect.

Resale requirements.

In the case of owner-occupied AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of (i) the net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between (a) the month that was two months earlier than the date on which the seller acquired the unit and (b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the Village of Croton-on-Hudson will designate a substitute index; and (ii) the cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvements no later than the time the seller of the unit desires to include it in the resale price.

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

Lease renewal requirements.

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

If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and shall be offered a nonrestricted rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the AFFH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.

Administrative and monitoring agency. The County of Westchester shall be responsible for monitoring the AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the AFFH units.

Expedited project review process.

Preapplication meeting. The Planning Board's preapplication meeting process shall be followed in connection with developments which include AFFH units. The purposes of the preapplication meeting will include discussion of means to expedite the development application review process through:

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

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

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

Calendar/agenda priority. Municipal departments, boards, commissions, or committees with review or approval authority over applications for developments which include AFFH units shall give priority to such applications by placing applications for developments including AFFH units high enough on all meeting and work session calendars and agendas so they will not be bumped to a subsequent meeting, because of lack of time and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.

Editor's Note: Former § 230-48, Dish antennas, added 12-16-1985 by L.L. No. 11-1985, as amended, was repealed 1-31-2005 by L.L. No. 1-2005; see now § 230-74, Plan amendments for dish antennas.

§ 230-48.1 Solar energy systems.

[Added 8-12-2019 by L.L. No. 8-2019; amended 4-24-2023 by L.L. No. 7-2023; 2-28-2024 by L.L. No. 5-2024]

Authority. These provisions for solar energy systems are adopted pursuant to §§ 7-700 through 7-704 of the Village Law and § 20 of the Municipal Home Rule Law of the State of New York, which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Village Law of New York State, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."

Purpose. This Solar Energy Local Law is adopted to advance and protect the public health, safety, and welfare of Village of Croton-on-Hudson, including:

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses;

Increasing employment and business development in the region by furthering the installation of solar energy systems;

Decreasing the use of fossil fuels, thereby reducing the carbon footprint of the Village of Croton-on-Hudson;

Diversifying energy resources to decrease dependence on the grid.

Applicability.

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Village of Croton-on-Hudson after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to the provisions hereof.

General requirements.

A building permit shall be required for installation of all solar energy systems.

Prior to the issuance of a building permit, construction and/or site plan documents, signed and stamped by a licensed professional engineer or registered architect, shall be submitted to the Engineering Department.

All Village boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

For solar energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this law.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (Building Code), the New York State Energy Conservation Code (Energy Code), and the Village Code.

Permitting requirements for Tier 1 solar energy systems. All Tier 1 solar energy systems shall be permitted in all zoning districts as an accessory use and shall be exempt from site plan review, subject to the following conditions for each type of solar energy system:

Roof-mounted solar energy systems. Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

Roof-mounted solar panels must be attached or ballasted to a lawfully permitted building or structure, which may be an accessory structure.

All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district, with the height exemptions as provided for building-mounted mechanical devices or equipment.

Glare. All solar panels shall have antireflective coating(s).

Building-integrated solar energy systems and canopy-mounted solar energy systems shall be shown on the plans submitted for the building permit application for the building or property containing the system. Applicants for canopy-mounted solar energy systems shall submit all studies as required by the Village Engineer or Building Inspector.

Permitting requirements for Tier 2 solar energy systems. All Tier 2 solar energy systems shall be permitted on lots having a minimum lot area of no less than 9,000 square feet in all zoning districts as accessory structures and shall be exempt from site plan review, subject to the following conditions:

Glare. All solar panels shall have antireflective coating(s).

Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district, except that they shall be set back no less than 10 feet from any property line. In RA and RB Zoning Districts, all ground-mounted solar energy systems shall only be installed in the side or rear yards.

Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.

Screening and visibility.

All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.

Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

Lot coverage. The surface area covered by Tier 2 solar energy systems shall be included in the total lot coverage permitted within the underlying zoning district.

Permitting requirements for Tier 3 solar energy systems. All Tier 3 solar energy systems are permitted, subject to a special permit by the Village Board of Trustees, within the RA-40, RA-60, C-2 and LI Zoning Districts, and subject to site plan application requirements set forth in this section.

Applications for the installation of Tier 3 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Special permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions:

If the property of the proposed project is to be leased, legal consent of all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

Plans showing the layout of the solar energy system, including property lines and physical features, such as roads, signed by a professional engineer or registered architect.

Nameplate capacity of the solar energy system (as expressed in MW).

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. The diagram should describe the location and layout of all battery energy storage system components, if applicable, and should include applicable setback and other bulk and area standards.

Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping and screening vegetation or structures.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance, anticipated dual-use and property upkeep, such as mowing and trimming.

(h)

Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

(i)

Any application under this section shall meet any substantive provisions contained in the site plan and special permit sections of this code as, in the judgment of the Planning Board, are applicable to the system being proposed.

(j)

The Planning Board or Board of Trustees may impose conditions on its approval of any site plan or special permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

(k)

Decommissioning plan. A decommissioning plan generally in a form to be provided by the Village and signed by the owner and/or operator of the solar energy system shall be submitted by the applicant as part of the special permit application, addressing the following:

The cost of decommissioning and removing the solar energy system, as well as all necessary site remediation or restoration.

The time required to decommission and remove the solar energy system and any ancillary structures.

The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

A tree restoration plan, restoring the decommissioned area to a condition similar to the condition that existed prior to the installation. Recognizing that mature plantings cannot be easily relocated, the Planning Board may exercise discretion in determining the number, caliper, type and location of plantings in reviewing any such plan, but all plantings shall be native noninvasive species.

Special use permit standards.

Height and setback. Tier 3 solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

Lot size. Tier 3 solar energy systems shall be located on lots with a minimum lot size of four acres.

Lot coverage.

The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:

[a]

Foundation systems, typically consisting of driven piles or monopoles or helical screws, with or without small concrete collars.

[b]

All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.

[c]

Paved access roads servicing the solar energy system.

Lot coverage of the solar energy system, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district.

Fencing. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a fence, as required by NEC, with a self-locking gate to prevent unauthorized access. Warning signs with the owner or operator's contact information shall be placed on the entrance and perimeter of the fencing. The type and height of fencing shall be determined as part of the site plan and special permit review. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes, shall be reasonably shielded and downcast from abutting properties and shall minimize impacts on nocturnal animals where practicable.

Tree cutting and landscaping.

Tree removal shall be subject to the permit requirements of Chapter 208.

Removal of existing trees larger than six inches in diameter at breast height (DBH) shall be minimized to the extent possible.

Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the facility area.

Integrated pest management practices shall be used to refrain from or limit pesticide use (including herbicides) for long-term operation and site maintenance.

Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.

(h)

Vehicular paths. Vehicular paths within the site shall be designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.

(i)

Signage.

No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information.

As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(j)

Glare. All solar panels shall have antireflective coating(s).

(k)

Screening and visibility.

Solar energy systems smaller than one acre shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.

Solar energy systems larger than one acre shall be required to:

[a]

Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, may be required to be submitted by the applicant.

[b]

Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible. The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Village.

(l)

Steep slopes. Tier 3 solar energy systems shall not be permitted to be located on areas of steep slopes as defined in Chapter 195.

(m)

Conditions. The following shall be made conditions of all special permits issued for Tier 3 solar energy systems.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Village Engineer or Building Inspector of such change in ownership or operator within 30 days of the ownership change.

Upon cessation of electricity generation of a solar energy system on a continuous basis for a period of one year, the Village may notify and instruct the owner or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification.

Lien. In the event of default of the owner or operator in the performance of removal of a solar energy system and/or complying with the requirements of the decommissioning plan, after proper notice, the Village shall be entitled to arrange for removal or decommissioning and restoration of the property in accordance with the decommissioning plan, and the cost of same incurred by the Village shall constitute a lien on the owner's real property.

Permitting requirements for Tier 4 solar energy systems. All Tier 4 solar energy systems are permitted through the issuance of a special use permit within RA-40, RA-60, C-2 and LI Zoning Districts, and are subject to site plan and special permit application requirements established for Tier 3 solar energy systems in Subsection G, in addition to the following requirements.

At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Village Manager to ensure all parties have clear expectations regarding any Village requirements applicable to the proposed solar energy system. Submission and review of the application shall not be delayed based on the failure of the Village Manager to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide:

A brief description of the proposed facility and its environmental setting;

A map of the proposed facility showing project components;

The proposed facility's anticipated impacts;

A designated contact person with telephone number, email address, and mailing address from whom information will be available going-forward basis; and

An anticipated application submission date.

Applications for the installation of Tier 4 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised within 60 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Applications for a Tier 4 solar energy system shall include a community engagement plan detailing the applicant's proposed plans and strategies for ensuring adequate public awareness and encouraging community participation. Applicants are highly encouraged to discuss the contents and details proposed in this plan with the Village Manager prior to the submission of a formal application.

Safety.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.

If a battery energy storage system is included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Village and any applicable federal, state, or county laws or regulations.

Where deemed necessary by the Board of Trustees or Planning Board, emergency access to the site for local first responders shall be provided by the installation of an emergency lock box or a similar device, in a location subject to the approval of the Fire Chief.

§ 230-48.2 Battery energy storage systems.

[Added 2-28-2024 by L.L. No. 5-2024]

Authority. This section is adopted pursuant to §§ 7-700 through 7-704 of the Village Law and § 10 of the Municipal Home Rule Law of New York State (NYS), which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community.

Statement of purpose. This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Village by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

To mitigate the impacts of battery energy storage systems on environmental resources such as conservation areas, wildlife and other protected resources; and

To create synergy between battery energy storage system development and the goals of the Village's Comprehensive Plan.

Applicability.

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Village after the effective date of this section, excluding general maintenance and repair.

Battery energy storage systems that have a valid building permit or have been constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.

General requirements.

A building permit shall be required for installation of all battery energy storage systems.

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that: (1) contain or are otherwise associated with a battery energy storage system, and (2) are subject to the Uniform Code and/or the Energy Code, shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village Code.

For battery energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this section.

Any ground-mounted battery energy storage system shall be placed on a concrete pad having a minimum height of six inches, or as otherwise prescribed by the Village Engineer.

Tier 1 battery energy storage systems shall be permitted in all zoning districts, as an accessory use subject to the Uniform Code and the battery energy storage system permit and shall be shown on plans submitted for the building permit application for the building containing the system. Tier 1 battery energy storage systems are exempt from site plan review.

Battery energy storage systems for one- or two-family residential dwelling units shall not exceed an aggregate energy capacity of the following:

Forty kWh within utility closets and storage or utility spaces.

Eighty kWh in attached or detached garages and detached accessory structures.

Eighty kWh on exterior walls.

Eighty kWh outdoors on the ground.

All outside Tier 1 battery energy storage systems shall only be installed in side or rear yards and meet the minimum lot size and standard setbacks in the zoning district for principal structures. Heights are limited to 6.5 feet for any external battery energy storage systems.

All outside Tier 1 battery energy storage systems shall provide a fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

All outside Tier 1 battery energy storage systems shall not have an area greater than 225 square feet for a single energy storage system, and all systems in the aggregate shall not occupy more than 25% of the area of the required rear or side yard.

Requirements for Tier 2 battery energy storage systems.

Tier 2 battery energy storage systems are permitted through the issuance of a special permit by the Village Board of Trustees within the RA-40, RA-60, C-2 and LI Zoning Districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.

Applications for the installation of Tier 2 battery energy storage system shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Site plan application. For the installation of Tier 2 battery energy storage systems, the following site plan requirements apply:

Property lines and physical features, including roads, for the project site.

A screening and landscaping plan to show adequate measures to screen through landscaping, grading or other means so that views of the storage systems shall be minimized as reasonably practical and feasible from public roadways and adjacent properties.

Location of the battery energy storage system and setbacks from property lines.

A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. The diagram should describe the location and layout of all solar energy system components, if applicable, and should include applicable setback and other bulk and area standards.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

(h)

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.

(i)

Zoning district designation for the parcel(s) of land comprising the project site.

(j)

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

(k)

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

(l)

Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information, and shall meet all requirements set forth in the Uniform Code.

(m)

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

(n)

Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.

(o)

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the Fire Chief, and the Village Engineer or Building Inspector. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

[5]

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when a SDS is not required.

[6]

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

[7]

Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

[8]

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

Special permit standards. In addition to the other special permit standards in this chapter, the following special permit standards shall apply for Tier 2 battery energy storage systems:

Bulk requirements. Tier 2 battery energy storage systems shall comply with the lot size, setbacks and height requirements of the underlying zoning district for principal structures.

Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.

Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. The screening shall not, however, interfere with the normal operation, ventilation or exhaust ports, or fire safety of the storage system. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Access. Vehicular access within the site shall be designed to minimize the extent of impervious materials and soil compaction and meet any applicable emergency access or safety requirements.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

(7)

Signage.

The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.

As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(8)

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties and shall minimize impacts on nocturnal animals where practicable.

(9)

Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees shall be governed by Chapter 208, Trees, and should be minimized to the extent possible.

(10)

Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 160, Noise. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.

(11)

Conditions. The following shall be made conditions of all special permits issued for Tier 2 battery energy storage systems.

Ownership changes. If the owner or operator of the battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Village Engineer or Building Inspector in writing of such change in ownership or operator within 30 days of the ownership change. The special permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Village Engineer or Building Inspector in the required time frame. Reinstatement of a void special permit will be subject to the same review and approval processes for new applications under this chapter.

Upon cessation of electricity generation of a battery energy storage system on a continuous basis for a period of one year, the Village may notify and instruct the owner or operator of the battery energy storage system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification.

Lien. In the event of default of the owner or operator in the performance of removal of a battery energy storage system and/or complying with the requirements of the decommissioning plan, after proper notice, the Village shall be entitled to arrange for removal or decommissioning and restoration of the property in accordance with the decommissioning plan, and the cost of same incurred by the Village shall constitute a lien on the owner's real property.

(12)

Decommissioning.

Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the battery energy storage system;

The estimated cost of decommissioning and removal of the battery energy system, as well as all necessary site remediation or restoration and a description of how said estimate was determined;

[5]

The method of ensuring that funds will be available for decommissioning and restoration;

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Village, in a form approved by the Village Attorney, for the removal of the battery energy storage system as well as all necessary site remediation or restoration, in an amount to be determined by the Village, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

Safety; system certification.

Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards, as applicable:

UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power, and light electric rail applications);

UL 1642 (standard for lithium batteries);

UL 1741 or UL 62109 (inverters and power converters);

Certified under the applicable electrical, building, and fire prevention codes as required;

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Fire Chief and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

GEOTHERMAL ENERGY EQUIPMENT

Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

§ 230-48.3 Geothermal energy systems.

[Added 11]

Legislative intent and purpose. The purpose of this section is to allow and encourage non-solar renewable energy systems that harness geothermal energy within the Village according to certain safeguards and conditions. The intent is to balance the desirability and demand for geothermal energy systems with maintaining the aesthetics of the Village and minimize the potential for any negative impact by these systems and to protect the health, safety and welfare of the residents of the Village.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Any device, supply lines, return lines, control valves, wiring, meters, switches, modules, inverters or other equipment associated with the installation or function of a geothermal energy system.

GEOTHERMAL ENERGY SYSTEM

An energy system that uses heat or power from underground for heating, cooling, or generating other types of energy.

General design standards for geothermal energy systems and equipment.

Any aboveground geothermal energy equipment shall not be located in any front yard, and shall be subject to side and rear yard setback requirements for accessory structures.

At the discretion of the Village Engineer, outdoor aboveground geothermal energy equipment shall be screened from adjacent properties by landscaping, fencing, or other methods to minimize the aesthetic impact of the geothermal energy equipment on adjacent properties.

All underground components of geothermal energy systems, including borings, loops, and other equipment, shall be set back at least five feet from side and rear lot lines.

All borings and loops shall be set back at least 10 feet from the foundation of any structure, unless the foundation is a concrete slab, in which case, all borings and loops shall be set back at least five feet from the foundation of any structure.

Geothermal energy systems shall not encroach on any public or private utility or right-of-way easement.

Procedure.

Site plan approval. Site plan approval is not required for any geothermal energy system except where Planning Board review is specifically required by § 230-67.

An application with plan shall be submitted to the Village Engineer as a requirement for the issuance of a building permit for any geothermal energy system. Such plan shall indicate all existing and proposed grading, excavating, filling, paving, fencing, tree removal, wetlands, utilities, easements, erosion and sediment control devices, and screening as it may relate to the proposed geothermal energy system. The plan shall also indicate the location of all property lines and shall comply with the requirements and standards of this section.

§ 230-48.4 Adult entertainment use.

[Added 3-27-2024 by L.L. No. 7-2024]

Findings and purpose.

The Board of Trustees of the Village of Croton-on-Hudson hereby finds that adult entertainment uses of property, by their very nature, have serious objectionable characteristics that can have a significant impact on the neighborhood and community in which they are located.

The Board of Trustees further finds that:

The uncontrolled proliferation and inappropriate location of such uses would be inconsistent with existing development and future plans for the Village of Croton-on-Hudson, in that such uses can contribute to the blighting or downgrading of neighborhoods in which they are located as a result of their related potential for an increase in crime and the undermining of the economic, moral and social welfare of the community.

Such uses can adversely impact the general health, safety and economic well-being of the entire community and, in particular, the children of the community.

The location of such uses in areas where children reside or may regularly assemble is of great concern to the Village of Croton-on-Hudson.

In order to prevent the deleterious location and concentration of such businesses and to ensure that those effects will not adversely affect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Croton-on-Hudson finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Village of Croton-on-Hudson. Therefore, it is the primary purpose of this section to restrict adult entertainment use businesses to nonresidential areas of the village and to specifically reduce their potential accessibility to children.

An adult entertainment use may be permitted, subject to the issuance of a special permit from the Board of Trustees and in accordance with the following conditions and standards:

Adult entertainment use shall only be permitted in the LI Light Industrial Zoning District.

No adult entertainment use shall be closer than 500 feet from any lot line of any other lot on which there is another adult entertainment use.

No adult entertainment use shall be established closer than 500 feet from the lot line of any area where youth may regularly assemble, including but not limited to, a school, nursery school, day-care center, library, hospital, church or other regular place of religious worship, community center, park, playground, recreational area or field.

No more than one adult entertainment use as defined above shall be located on any individual lot.

No adult entertainment use shall be established unless the provisions of all applicable laws, rules and regulations of the Village of Croton-on-Hudson have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Village of Croton-on-Hudson, the most restrictive law, rule or regulation shall apply.

Waiver of restrictions. The restrictions enumerated in § 230-48.4B(2) through (4) may be waived by the Village Board of Trustees if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this section:

That the proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this section will be observed; and

That the establishment of an additional use of the type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.

Inspection requirements.

Prior to the commencement of any adult entertainment use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations within the jurisdiction of the Fire Department, the Village Engineer and other code enforcement officials.

The Fire Department, the Village Engineer and other code enforcement officials shall complete their certification that the premises are in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Village Manager.

An applicant or permittee and/or licensee shall permit representatives of the Village Police Department, Fire Department, Engineering Department or other Village departments or agencies to inspect the premises of an adult entertainment use for the purpose of insuring compliance with the law at any time it is occupied or open for business.

The Village Manager shall suspend the right to conduct such adult entertainment use for a period not to exceed 30 days if he determines that the owner and/or operator or an employee of the owner and/or operator has:

Violated or is not in compliance with any section of this section.

Engaged in excessive use of alcoholic beverages while on the adult entertainment use business premises.

Refused to allow an inspection of the adult entertainment use premises as authorized by this section.

Knowingly permitted gambling by any person on the adult entertainment use business premises.

Knowingly allowed possession, use or sale of controlled substances on the premises.

Knowingly allowed prostitution on the premises.

Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.

Prior to any suspension, the Village Manager or Code Enforcement Officer shall provide the owner and/or operator with a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its written response to this notice to the Village Manager within 10 days of receipt of said notice. The Village Manager may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.

Penalties for offenses; enforcement.

A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to this section shall be subject to prosecution and punishment under § 1-12 of the Code of the Village of Croton-on-Hudson or, in the alternative, violation of this section may be enforced by injunction.

The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.

If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid.