[Amended 5-7-1990 by L.L. No. 2-1990; 9-12-1994 by L.L. No.
7-1994; 1-31-2005 by L.L. No. 1-2005]
A. Accessory buildings.
(1) An accessory building may be located in any required
side or rear yard, provided that:
(a)
Such building shall not exceed 15 feet in height.
(b)
Except as provided in Subsection
H below for fences, walls, and retaining walls, such buildings shall be set back not less than five feet from any lot line.
[Amended 3-6-2017 by L.L.
No. 1-2017]
(c)
All such buildings in the aggregate shall not
occupy more than 30% of the area of the required rear and side yards.
(2) 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.
B. 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]
C. Corner lots.
(1) 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.
(2) 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.
D. 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.
E. Exceptions to yard requirements.
(1) 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]
(2) 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.
(3) 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.
F. 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:
(1) 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.
(2) The height of each such feature shall not exceed 15
feet above the district height limitations.
(3) 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.
G. Existing small lots in all RA and RB Districts.
(1) 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
|
(2) 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.
H. Fences and walls.
[Added 3-6-2017 by L.L.
No. 1-2017]
(1) 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.
(2) Fences or walls not over six feet in height may be erected anywhere
on a lot except in a front yard.
(3) 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.
(4) Fences shall be erected with the finished side facing the street(s)
or abutting lot(s).
[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]
A. 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.
B. 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.
C. 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.
D. 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.
(1) 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.
E. Only one accessory apartment or accessory cottage per lot containing
a single-family detached dwelling shall be permitted.
F. 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.
G. 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.
H. 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%.
I. 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.
J. The building shall, to the degree reasonably feasible, maintain the
character and appearance of a single-family dwelling.
K. 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.
L. 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.
M. 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.
[Amended 1-31-2005 by L.L. No. 1-2005]
A. 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.
B. 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.
C. Length of buildings. No building shall exceed a length
of 160 feet.
D. Distance between buildings. The following minimum
distances between buildings shall be observed:
(1) Between a principal building, other than a one-family
dwelling, and a one-story accessory building: 20 feet.
(2) 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.
(3) 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.
E. Courts.
(1) Inner courts are prohibited.
(2) The minimum width of an outer court shall be 20 feet,
and the depth thereof shall not exceed its width.
[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:
A. 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]
B. The nonresidential use in a mixed-occupancy building
shall be limited to the street level and shall not exceed 5,000 square
feet.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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; 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]
[Amended 1-31-2005 by L.L. No. 1-2005]
A. 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]
B. Courts for nonresidential buildings.
(1) Inner courts. No inner court shall have a minimum
dimension less than 1/2 of the average height of all surrounding walls.
(2) Outer courts. The minimum width of an outer court
shall be 20 feet, and the depth thereof shall not exceed its width.
C. Obstruction to vision at street intersections. The provisions of §
230-40C(1) shall also apply to corner lots in nonresidential districts.
[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]
A. 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.
B. 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.
C. Application process.
(1) 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]
(2) The payment of an application fee in accordance with
the Village's schedule of fees shall accompany all sign permit applications.
(3) 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.
D. 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.
E. Illumination.
(1) 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.
(2) All light sources used for illuminating signage shall
be shielded and shall not be a source of glare.
(3) 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. Temporary signs.
[Amended 5-17-2021 by L.L. No. 4-2021]
(1) 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.
(2) Temporary
signs do not require a signage permit and shall be restricted as applicable
as set forth below:
(a) "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.
(b) 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.
(c) 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.
(d) Temporary signs pertaining to garage sales, tag sales or other business
activities which have a duration of seven calendar days or less.
(e) 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).
(3) 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.
(4) Temporary
signs shall not have an adhesive backing and must be easily removable
without residual markings.
(5) 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.
L. 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.
M. Prohibitions. The following types of signs and artificial
lighting are prohibited:
(1) 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.
(2) Signs that compete for attention with or may be mistaken
for a traffic signal.
(3) Searchlights, beacons, blimps and permanent balloons.
(4) 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.
(5) 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).
N. 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.
O. 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.
P. 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.
(1) 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]
(a)
With respect to nurseries and the seasonal sale of produce, signs shall conform to Subsection
P(1)(e) below.
(b)
With respect to funeral homes, there shall be no signs other than those permitted in Subsection
P(1)(e) below.
(c)
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.
(d)
With respect to bed-and-breakfast establishments,
one sign designating a bed-and-breakfast establishment shall be permitted,
subject to the following conditions:
[1]
The area of the sign shall not exceed two square
feet.
[2]
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.
[3]
The sign shall not be internally illuminated.
[4]
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.
(e)
Signs conforming to the following shall be permitted
as accessory uses:
[1]
One nonilluminated nameplate or professional
sign with an area of not over two square feet.
[2]
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.
(f) 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]
(2) Limited Office O-1 District. One nonilluminated sign
facing a street and not exceeding an area of five square feet shall
be permitted.
(3) Limited Office O-2 District. One sign shall be permitted,
provided that such sign is facing a street and as follows:
(a)
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.
(b)
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.
(4) 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]
(a)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
(b)
Motor vehicle service stations.
[Amended 9-12-2023 by L.L. No. 17-2023]
[1]
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).
[2]
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.
(5) General Commercial C-2 District.
(a)
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]
(b)
Drive-in theaters. In lieu of signs other than a sign permitted by Subsection
P(4)(a)[4],
a drive-in theater may have:
[1]
The name of the theater on a sign affixed to
the theater screen structure on the reverse side of the screen; and
[2]
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.
(c)
Motor vehicle sales and service agencies.
[1]
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).
[2]
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.
(6) Light Industrial LI District.
(a)
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.
(a)
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.
(a)
Offices and studios. Signs for professional
offices and studios shall be subject to P(1)(e) of this chapter.
(b)
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.
(c)
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.
(d)
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.
Q. 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.
[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:
A. Findings of fact setting forth the engineering or
other reason and the Board's determination to the effect above set
forth.
B. The Board's determination that the building, structure
or use is for the purpose of carrying out a municipal governmental
function.
C. 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.
D. 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.
E. Prescribing such limitations and conditions with respect
to the building. structure or use as the Board of Trustees may deem
necessary or desirable.
[Amended 1-31-2005 by L.L. No. 1-2005]
A. 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.
B. 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:
(1) 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)
|
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
C. 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:
(1) 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.
|
|
(2) 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.
(3) 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.
(4) 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.
D. 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.
[Added 11-5-2018 by L.L.
No. 9-2018]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
(1)
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
(2)
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.
B. Required affordable AFFH unit component.
(1) 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.
(2) 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Unit appearance and integration.
(1) 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.
(2) 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.
H. Minimum floor area.
(1) 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)
|
(2) 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.
(3) 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.
I. 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
|
J. 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.
K. Resale requirements.
(1) 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.
(2) 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.
L. Lease renewal requirements.
(1) 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.
(2) 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.
M. 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.
N. Expedited project review process.
(1) 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:
(a)
The early identification of issues, concerns, code compliance
and coordination matters that may arise during the review and approval
process.
(b)
The establishment of a comprehensive review process outline,
proposed meeting schedule, and conceptual timeline.
(2) 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.
(3) 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.
[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]
A. 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."
B. 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:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses;
(3)
Increasing employment and business development in the region
by furthering the installation of solar energy systems;
(4)
Decreasing the use of fossil fuels, thereby reducing the carbon
footprint of the Village of Croton-on-Hudson;
(5)
Diversifying energy resources to decrease dependence on the
grid.
C. Applicability.
(1)
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.
(2)
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.
(3)
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.
D. General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
E. 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:
(1)
Roof-mounted solar energy systems. Roof-mounted solar energy
systems shall incorporate, when feasible, the following design requirements:
(a)
Roof-mounted solar panels must be attached or ballasted to a
lawfully permitted building or structure, which may be an accessory
structure.
(b)
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.
(c)
Glare. All solar panels shall have antireflective coating(s).
(2)
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.
F. 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:
(1)
Glare. All solar panels shall have antireflective coating(s).
(2)
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.
(3)
Height. Tier 2 solar energy systems shall be subject to the
height limitations specified for accessory structures within the underlying
zoning district.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
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.
(5)
Lot size. Tier 2 solar energy systems shall comply with the
existing lot size requirement specified for accessory structures within
the underlying zoning district.
(6)
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.
G. 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.
(1)
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.
(2)
Special permit application requirements. For a special permit
application, the site plan application is to be used as supplemented
by the following provisions:
(a)
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.
(b)
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.
(c)
Nameplate capacity of the solar energy system (as expressed
in MW).
(d)
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.
(e)
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.
(f)
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.
(g)
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:
[1] The cost of decommissioning and removing the solar
energy system, as well as all necessary site remediation or restoration.
[2] The time required to decommission and remove the
solar energy system and any ancillary structures.
[3] The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[4] 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.
(3)
Special use permit standards.
(a)
Height and setback. Tier 3 solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
(b)
Lot size. Tier 3 solar energy systems shall be located on lots
with a minimum lot size of four acres.
(c)
Lot coverage.
[1] 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.
[2] Lot coverage of the solar energy system, as defined
above, shall not exceed the maximum lot coverage requirement of the
underlying zoning district.
(d)
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.
(e)
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.
(f)
Tree cutting and landscaping.
[1] Tree removal shall be subject to the permit requirements of Chapter
208.
[2] Removal of existing trees larger than six inches
in diameter at breast height (DBH) shall be minimized to the extent
possible.
[3] 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.
[4] Integrated pest management practices shall be used
to refrain from or limit pesticide use (including herbicides) for
long-term operation and site maintenance.
(g)
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.
[1] 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.
[2] 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.
[1] 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.
[2] 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.
[1] 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.
[2] 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.
[3] 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.
H. 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.
(1)
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)
A brief description of the proposed facility and its environmental
setting;
(b)
A map of the proposed facility showing project components;
(c)
The proposed facility's anticipated impacts;
(d)
A designated contact person with telephone number, email address,
and mailing address from whom information will be available going-forward
basis; and
(e)
An anticipated application submission date.
(2)
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.
(3)
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.
I. Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
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.
(3)
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.
(4)
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.
[Added 2-28-2024 by L.L.
No. 5-2024]
A. 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.
B. 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:
(1)
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
(2)
To ensure compatible land uses in the vicinity of the areas
affected by battery energy storage systems;
(3)
To mitigate the impacts of battery energy storage systems on
environmental resources such as conservation areas, wildlife and other
protected resources; and
(4)
To create synergy between battery energy storage system development
and the goals of the Village's Comprehensive Plan.
C. Applicability.
(1)
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.
(2)
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.
(3)
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.
D. General requirements.
(1)
A building permit shall be required for installation of all
battery energy storage systems.
(2)
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.
(3)
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.
(4)
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.
E. 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.
(1)
Battery energy storage systems for one- or two-family residential
dwelling units shall not exceed an aggregate energy capacity of the
following:
(a)
Forty kWh within utility closets and storage or utility spaces.
(b)
Eighty kWh in attached or detached garages and detached accessory
structures.
(c)
Eighty kWh on exterior walls.
(d)
Eighty kWh outdoors on the ground.
(2)
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.
(3)
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.
(4)
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.
F. Requirements for Tier 2 battery energy storage systems.
(1)
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.
(2)
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.
(3)
Site plan application. For the installation of Tier 2 battery
energy storage systems, the following site plan requirements apply:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
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.
(c)
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.
(d)
Location of the battery energy storage system and setbacks from
property lines.
(e)
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.
(f)
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.
(g)
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:
[1] 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.
[2] Procedures for inspection and testing of associated
alarms, interlocks, and controls.
[3] 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.
[4] 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.
(4)
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:
(a)
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.
(b)
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.
(c)
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.
(5)
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.
(6)
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.
(a)
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.
(b)
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.
(a)
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.
(b)
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.
(c)
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.
(a)
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:
[1] 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;
[2] Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations;
[3] The anticipated life of the battery energy storage
system;
[4] 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;
(b)
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
(c)
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.
(d)
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.
G. Safety; system certification.
(1)
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:
(a)
UL 1973 (standard for batteries for use in stationary, vehicle
auxiliary power, and light electric rail applications);
(b)
UL 1642 (standard for lithium batteries);
(c)
UL 1741 or UL 62109 (inverters and power converters);
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required;
(e)
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.
(2)
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.
(3)
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.
[Added 3-27-2024 by L.L.
No. 7-2024]
A. Findings and purpose.
(1)
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.
(2)
The Board of Trustees further finds that:
(a)
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.
(b)
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.
(c)
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.
(3)
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.
B. 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:
(1)
Adult entertainment use shall only be permitted in the LI Light
Industrial Zoning District.
(2)
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.
(3)
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.
(4)
No more than one adult entertainment use as defined above shall
be located on any individual lot.
(5)
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.
C. 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:
(1)
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
(2)
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.
D. Inspection requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
(a)
Violated or is not in compliance with any section of this section.
(b)
Engaged in excessive use of alcoholic beverages while on the
adult entertainment use business premises.
(c)
Refused to allow an inspection of the adult entertainment use
premises as authorized by this section.
(d)
Knowingly permitted gambling by any person on the adult entertainment
use business premises.
(e)
Knowingly allowed possession, use or sale of controlled substances
on the premises.
(f)
Knowingly allowed prostitution on the premises.
(g)
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.
(5)
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.
E. Penalties for offenses; enforcement.
(1)
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.
(2)
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.
(3)
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.
(4)
An adult entertainment use lawfully operating as a conforming
use is not rendered a nonconforming use by the location, subsequent
to the operation of the adult entertainment use business, of 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 within 500 feet of the adult entertainment
use business.