A.
In accordance with § 300-22B(5) of this chapter, an applicant may apply to the Zoning Board of Appeals to alter, enlarge or extend a lawfully existing nonconforming site, structure or sign.
[Amended 9-11-2012 by L.L. No. 7-2012]
B.
On forms provided by the Land Use Officer, the applicant shall submit
an application setting forth the reasons for the request and the information
required by Appendix D.[1] The Land Use Officer shall review the application for
completeness and refer the application to the Zoning Board of Appeals.
[Amended 8-22-2017 by L.L. No. 6-2017]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
C.
The Zoning Board of Appeals may grant the application upon a finding
that the standards provided in the New York State Village Law at § 7-712-b
for the granting of area variances have been met.
D.
The Zoning Board of Appeals shall decide a request for such improvement
in accordance with applicable law after the close of the public hearing.
Following a decision by the Zoning Board of Appeals, the application
shall also be subject to any other review that may be required, including
but not limited to site plan review and design and historic review.
[Amended 6-14-2011 by L.L. No. 6-2011; 7-12-2022 by L.L. No. 4-2022]
A.
Legislative intent and purpose. The intent and purpose of this section
are to:
(1)
Provide opportunity for the right to establish smaller dwelling units
as incidental and subordinate to single-family dwellings in the Village
of Dobbs Ferry and to ensure that any accessory dwelling unit meets
applicable building, fire and safety standards.
(2)
Establish smaller dwelling units without increasing building density
by utilizing residential and accessory building resources as a means
to meet the housing needs of populations which may be underserved,
especially single persons and couples of all ages with fixed, low
and moderate incomes, and relatives of existing residents of Dobbs
Ferry.
(3)
Provide economic support for resident individuals and families, particularly
property owners who would benefit from rental income due to fixed
or moderate means, for whom there are limited housing options should
they desire to remain in the Village.
(4)
Encourage diversity in the housing stock options and the residential
population of Dobbs Ferry.
(5)
Promote the health, safety and welfare of the residents of the Village
of Dobbs Ferry and preserve property values.
B.
Requirements for special permits for accessory apartments. No special
permit for an accessory dwelling unit shall be approved unless the
Planning Board finds that all of the following requirements are met:
(1)
The accessory dwelling unit is allowed by special permit in accordance
with Table A-1 of this chapter.
(2)
The accessory dwelling unit must be located in a principal building
of a one-family dwelling or in a permitted accessory building on the
same property.
(3)
The owner of the one-family dwelling unit must occupy either the
principal dwelling or the accessory dwelling unit as a principal residence.
(4)
The minimum floor area for an accessory dwelling unit shall be 300
square feet, but in no case shall it exceed 33% of the floor area
of the principal dwelling or 800 square feet, whichever is less, unless,
in the reasonable opinion of the Planning Board, a greater or lesser
amount of floor area is warranted by the specific circumstances of
a particular building.
(5)
An accessory dwelling unit shall not contain more than two bedrooms,
each meeting requirements of applicable codes, including building,
fire and safety and zoning.
(6)
Although no additional parking shall be mandatory for an accessory
dwelling unit, a parking assessment shall be made on a case-by-case
basis during the review of the special permit application by the Planning
Board. At a minimum, existing required parking for the primary dwelling
must be maintained or replaced on site.
(7)
Except for improvements mandated by NYS Uniform Code requirements,
no exterior changes shall be made to the building in which the accessory
dwelling unit is located that, in the reasonable opinion of the Planning
Board, would significantly alter the appearance and character of the
building as a single-family residence or accessory structure.
(8)
During the review of any application for an accessory dwelling unit
special permit, the Planning Board shall consider the effect of the
proposed accessory dwelling unit on parking, traffic, noise, congestion,
appearance, and other site-specific factors that the Planning Board
reasonably deems relevant to potential impacts on the neighborhood.
Following consideration of these site-specific criteria, the Planning
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
addition of an accessory dwelling unit use to the subject property.
The Planning Board may refuse to issue a special permit if it finds
that the cumulative effects from approved accessory dwelling units
in the neighborhood, including the one proposed, will adversely affect
the character of the neighborhood.
(9)
The accessory dwelling unit must adhere to current residential design guidelines (as captured in Chapter 300, Appendix G "Residential Design Guidelines").
(10)
The accessory dwelling unit must comply with all relevant New
York State Uniform Codes, including all requirements for a dwelling
unit.
(11)
No open violations of the Dobbs Ferry Code shall exist at the
time of application for an accessory dwelling unit special permit.
(12)
A maximum of 50 validly issued accessory dwelling unit special
permits shall be permitted Village-wide. The limit on the number of
accessory apartment special permits may not be varied by the Zoning
Board of Appeals.
C.
Procedure for special permits for accessory dwelling units. In addition to the procedures set forth in § 300-53, the following requirements must be met for a special permit for an accessory dwelling unit:
(1)
An applicant for a special permit for an accessory dwelling unit
shall provide:
(b)
A site plan prepared by a licensed professional based on a property
survey indicating existing buildings, walkways, and the location of
existing and proposed off-street parking.
(2)
The Building Inspector, or his/her designee, shall conduct a physical
inspection of the proposed accessory dwelling unit and the building
in which it is located and report the results to the Planning Board.
(3)
In granting a special permit for an accessory dwelling unit, the
Planning Board shall have the authority to impose such reasonable
restrictions and conditions as are consistent with the purposes of
this chapter, including but not limited to landscaping or other means
of buffering.
(4)
Water and sewer service. Prior to the issuance of a building permit
for the establishment of an accessory dwelling unit in a principal
dwelling building or the conversion of a portion of an accessory building
to an accessory dwelling unit use, the applicant must obtain approval
of the proposed method of water supply and sewage disposal from the
Westchester County Department of Health and shall coordinate such
approval with the Village.
D.
Expiration: renewal.
(1)
All changes of building ownership require reinspection per § 204-21 of the Village Code. A change in building ownership requires a transfer of the special use permit for an existing permitted accessory dwelling unit.
(2)
An accessory dwelling unit special permit shall expire automatically
if the new building owner does not apply for a special permit transfer
within 90 days of the change of ownership of the building. The new
owner must meet all the requirements set forth in this section in
order to obtain the transfer of a permit. The new owner shall not
be deemed in violation of this section as long as the application
is pending. Should a new owner maintain an accessory dwelling unit
but fail to apply for a special permit transfer within 90 days from
the taking of title, the new owner shall be deemed in violation of
this chapter.
(3)
In such event, the tenant of the accessory dwelling unit shall be
permitted to remain for up to the end of their current lease, if the
owner of the residence so consents unless the Planning Board approves
an additional extension of time by resolution upon receipt of a written
request by the property owner for such extension.
E.
Penalties.
(1)
Any property owner who allows occupancy of an accessory dwelling
unit in violation of this section or any other provision of this chapter,
or any condition imposed by the Village in connection with an accessory
dwelling unit shall be subject to, at a minimum, revocation of any
special permit issued in connection with the accessory dwelling unit.
(2)
In addition to the foregoing, any property owner who fails to obtain
an accessory dwelling unit special permit or who allows occupancy
of an accessory dwelling unit in violation of this chapter, or any
condition imposed in connection with the special permit shall be guilty
of an offense punishable by a fine of not less than $2,000. Any continued
violation shall constitute a separate additional offense and may be
subject to applicable fines.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-25-2019 by L.L. No. 2-2019]
Dobbs Ferry is a community that takes pride in its diverse social
character, which is due in large part to the range of housing types
located within the Village of Dobbs Ferry. This social diversity may
be threatened by a dramatic increase in housing values. The purpose
of this section is to help ensure the continued availability of fair
housing for residents of various income levels, which in turn will
help maintain Dobbs Ferry's community character, and which further
promotes the general welfare by increasing the potential for qualifying
individuals or families who also may be workers and volunteers providing
valuable services to the Village to be able to live in Dobbs Ferry.
It is the objective of this section to address these purposes by requiring
certain types and scales of development in the Village of Dobbs Ferry,
taking place either through the construction of new structures or
through the rehabilitation of existing structures, to contribute to
the creation of affordable housing that affirmatively promotes fair
housing consistent with the standards and conditions of this section.
A.
Set-aside requirement, integration and appearance. Before the Board
of Trustees may approve a site plan for a residential development,
whether in single-family, two-family or multifamily buildings, the
developer of such site plan shall include affordable housing units
as follows:
(1)
For residential developments containing 10 dwelling units or more, no less than 10% of all units in such development shall meet the definition of an "affordable housing unit" as set forth in this chapter. Where the number of proposed units results in a partial affordable unit, the number of units shall be rounded according to the rules of § 300-9F(1). In residential developments of five to nine units, at least one affordable housing unit shall be created. The Village Board may mandate in its reasonable discretion a higher percentage of affordable housing units of up to 15% on appropriate sites, such as where there is no or marginal land cost and significant infrastructure already in place. A typical site of this nature would be an existing office/commercial center with developed utilities, access and parking spaces.
(2)
Affordable housing units shall generally be located and distributed
evenly throughout the development, although the Board of Trustees
and Planning Board may use reasonable discretion in reviewing and
approving distribution. Within new single-family developments, the
affordable housing units may be single-family homes or may be incorporated
into one or more two-family homes. Each single-family affordable housing
unit may be located on a lot meeting 75% of the minimum lot area for
the single-family homes in the same 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.
(3)
The exterior appearance of affordable housing units shall not distinguish
them as a class from other units. Interior finishes and furnishings
may be reduced in quality and cost to assist in the lowering of the
cost of development of the affordable housing units.
(4)
Affordable housing units shall be distributed among one-, two- and
three-bedroom units in the same proportion as all other units in the
development, unless a different proportion is approved by the Board
of Trustees and Planning Board as being better suited to meeting the
housing needs of the Village.
(a)
Notwithstanding provisions elsewhere in this chapter, the minimum
gross floor area per affordable housing 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, it being the intent that
the minimum dimensional requirements of this section shall supersede
any conflicting requirements elsewhere in this chapter:
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)
|
[1]
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.
[2]
As an alternative or supplemental standard, the minimum gross
floor area per affordable housing unit shall be in accordance with
the standards set forth by the New York State Homes and Community
Renewal and the New York State Housing Trust Fund Corporation.
(b)
For the sale or rental of affordable housing 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
|
(5)
No preferences shall be utilized to prioritize the selection of income-eligible
tenants or purchasers for affordable housing units created under this
subsection. All units shall be marketed in accordance with the Westchester
County Fair and Affordable Housing Affirmative Marketing Plan to ensure
outreach to racially and ethnically diverse households.
B.
Resale and renewal requirements.
(1)
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:
(a)
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 the month that was two months earlier than the
date on which the seller acquired the unit and 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 municipality will designate a substitute
index; and
(b)
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 improvement 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.
(3)
Applicants for rental affordable housing units shall, if eligible
and if selected for occupancy, sign leases for a term of no more than
two years. If a resident remains eligible and has complied with the
terms of the lease, said resident shall be offered successive 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.
(4)
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 the resident may be allowed to sign one additional one-year
lease for the affordable housing unit they occupy, provided that:
C.
Administration, rules and regulations.
(1)
The Board of Trustees shall be responsible for facilitating the affordable
housing program and monitoring compliance with the affordable housing
requirements of this section and shall have the authority to promulgate
rules and regulations as may be necessary to facilitate, administer,
implement and enforce same. Such rules and regulations shall be duly
promulgated, then provided to and maintained by the Village Clerk
among the official records of the Village and may be amended from
time to time by a resolution of the Board of Trustees. The Board of
Trustees may designate an individual, a Village Department or a local
nonprofit agency or authority, such as the County of Westchester,
to administer the program and monitor compliance in its stead.
(2)
To ensure that the affordable housing units shall remain subject
to the affordable housing requirements, the property containing any
unit subject to this section shall be restricted by means of a recorded
declaration of restrictive covenants or equivalent restrictions in
the deed of transfer, a copy of which and proof of its recording must
be provided to the Village prior to the issuance of a certificate
of occupancy for the unit so restricted. Among the covenants shall
be a requirement that any subsequent owner of the unit meet all the
requirements of this section and that the unit must be the primary
residence of the household selected to occupy the unit in accordance
with the applicable criteria. The restrictions placed on all affordable
housing units shall run with the land and be effective for a period
established by the Board of Trustees, but in no case shall such period
be less than 50 years.
(3)
Maximum monthly rent and the maximum gross sales price, including
lease renewal and resales, for an affordable housing unit shall be
established in accordance with United States Department of Housing
and Urban Development guidelines as published in the most current
edition of the Westchester County Area Median Income Sales and Rent
Limited available from the County of Westchester, a copy of which
shall be available among the official records of the Village of Dobbs
Ferry maintained by the Village Clerk.
(4)
Alternatives to set-aside. Upon a written request by an applicant
for waiver as to all or some of the affordable housing units required
by this section, the Board of Trustees, on a case-by-case basis, shall
consider the request in light of the goals of the Affordable Housing
Program and vote during a public meeting whether to take further action
on such request in its sole discretion. In the event that the Board
of Trustees affirmatively votes to consider the request, a determination
may only be made following a public hearing duly published noticed
no less than four or more than 20 days prior to the date of the hearing.
The hearing shall be conducted to provide an opportunity for all who
wish to be heard on the matter to comment on the request. At the hearing,
it shall be the burden of the applicant to justify the waiver in light
of the goals of the affordable housing program and provide evidence,
which may consist of empirical financial data, that the inclusion
of any or all the affordable housing units required by this section
would render the development financially infeasible. After conducting
a duly noticed public hearing, the Board of Trustees shall deliberate
publicly by balancing the request for waiver against the goals of
the affordable housing program and may vote to grant or deny such
request, in whole or in part. In the event the request is granted
in whole or part, the Board of Trustees shall:
(a)
Require the applicant to purchase, construct or affirmatively
facilitate the construction of the affordable housing unit(s) at alternate
location(s) within the Village; or
(b)
Require the applicant to deposit into the affordable housing
fund a per-unit fee in lieu, in an amount to be determined by the
Board of Trustees based upon the unique facts and circumstances of
the proposed development; or
(5)
Expedited review process.
(a)
Preapplication meeting. The applicant for a development including
affordable housing units shall be entitled to attend at least one
preapplication meeting after meeting with the Building Department
as the initial point of contact and review. At such preapplication
meeting, a nonquorum number of representatives may be in attendance
from the administration, relevant municipal agencies, boards, commissions,
consultants and staff expected to play a role in the review and approval
of the development application and construction. The purpose of the
preapplication meeting will be to expedite the development application
review process through:
(b)
Meeting schedule and timeline. Municipal departments, agencies,
authorities, boards, commissions, councils, committees and staff shall
endeavor to honor the proposed meeting schedule and conceptual timeline
established as an outcome of the pre-application 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
affordable housing units shall be entitled to at least one additional
meeting per year with the same departments, agencies, authorities,
boards, commissions, councils or committees to review any and all
items discussed at previous pre-application meetings.
(c)
Municipal departments, agencies, authorities, boards, commissions,
councils or committees with review or approval authority over applications
for developments including affordable housing units shall give priority
to such applications by placing applications for developments including
affordable housing units first on all meeting and work session calendars
and agendas 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.
A.
Purpose. The purposes of the exterior lighting standards are to:
(1)
Provide adequate light for safety and security;
(2)
Promote efficient and cost-effective lighting and to conserve energy;
(3)
Reduce light pollution, uplighting, light trespass, glare and offensive
light sources, including but not limited to floodlighting and unshielded
wallpacks, uplighting of buildings and signs;
(4)
Provide an environmentally sensitive nighttime environment that includes
the ability to view the stars against a dark sky; and
(5)
Prevent inappropriate, poorly designed or installed outdoor lighting.
B.
General standards.
(1)
Any light source or lamp that emits more than 900 lumens (13-watt
compact fluorescent or 60-watt incandescent) shall be concealed or
shielded with a full-cutoff-style fixture within an angle not exceeding
90° to minimize the potential for glare and unnecessary diffusion
on adjacent property.
(2)
The maximum height of any lighting pole serving a residential use
shall be 12 feet. The maximum height serving any other type of use
shall be 15 feet; except in parking lots larger than five acres, the
maximum height shall be 20 feet. Poles with a height of more than
12 feet shall be located at least 100 feet from any residential use.
(3)
No flickering, rotating or flashing lights shall be permitted, except
for temporary decorative seasonal lighting.
(4)
Light fixtures located within commercial buildings that project light
outside of the building through windows or other openings shall be
considered exterior lighting under this section.
(5)
Exterior lights and illuminated signs shall be designed, located,
installed and directed in such a manner as to prevent objectionable
light at the property lines and disability glare at any location on
or off the property.
(a)
All parking areas lighting will be full-cutoff-type fixtures.
(b)
Uplighting is prohibited. Buildings, externally lit signs, displays
and aesthetic installations must be lit from the top and illuminated
downward. The lighting must be shielded to prevent direct glare and/or
light trespass. The lighting must also be, as much as physically possible,
contained to the target area. Internally lit signs are prohibited.
(c)
All building lighting for security or aesthetics will be full-cutoff
or a shielded type, not allowing any upward distribution of light.
Floodlighting is discouraged and, if used, must be shielded to prevent:
(d)
Adjacent to residential property, no direct light source shall
be visible at the property line at ground level or above.
(e)
All nonessential lighting shall be required to be turned off
after business hours, leaving only the necessary lighting for site
security.
(6)
New site lighting plans must follow guidelines in the recommended
practices booklets published by the Illuminating Engineering Society
of North America (IESNA).
C.
Maximum light levels. Lighting shall comply with the maximum light
levels, measured in footcandles, shown in the table below. Lighting
levels at property lines adjacent to a public sidewalk or right-of-way
may meet the maximum footcandles permitted for pedestrian walkways.
Lighting for outdoor recreation facilities such as sports fields shall
be determined by the Planning Board as part of the site review process.
Location
|
Residential Districts
(footcandles)
|
Nonresidential Districts
(footcandles)
| |
---|---|---|---|
Property line
|
1.0
|
2.0
| |
Building entries
|
5.0
|
5.0
| |
Parking areas
|
3.0
|
5.0
| |
Pedestrian walkways
|
3.0
|
3.0
|
A.
General standards.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]
(1)
When a fence is designed to have a "front" and a "back," the "front"
of the fencing shall face toward the closest property line, while
the "back" of the fencing shall face toward the interior of the property
upon which the fence is being erected. Fences that do not meet the
requirements of this chapter shall be submitted to the AHRB for approval
of materials and to the Zoning Board of Appeals for approval of height
and opacity.
(2)
Fences, property walls, and retaining walls are not subject to setback requirements from property lines. Retaining walls with a height differential of less than 30 inches as measured from the grade at the low side to the grade at the high side do not require a building permit. All retaining walls with a height differential of 30 inches or greater as measured from the grade at the low side to the grade at the high side require a building permit and are subject to site plan review and approval. Except as set forth in Village Code § 300-18, all walls requiring a building permit shall be submitted to and approved by the AHRB.
[Amended 10-11-2022 by L.L. No. 7-2022]
B.
Height.
(1)
Measurement.
(a)
Fence height shall be measured from ground level to the highest
portion of the fence. Where the grade changes along the length of
a fence, the high point of the fence shall generally follow the grade.
(b)
When a fence is erected upon a man-made berm or wall, the height
shall be measured from the base of the man-made berm or wall.
(c)
For compliance with Subsection B(1)(b) above, fences or walls located on top of retaining walls or berms shall be limited to a height of four feet as measured from the grade at the bottom of the fence to the top of the fence or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.
(2)
Residential districts. In the residential districts, fences and walls
shall not exceed a height of four feet in front yards and six feet
in side and rear yards. Any fence installed in a front yard shall
be of no greater than sixty-percent opacity (that is, it shall obscure
no more than 60% of the view into the land).
(3)
Nonresidential districts. In zoning districts other than residential
zoning districts, fences and walls shall not be permitted in front
setback areas, except along side property boundaries, and shall not
exceed a height of six feet on the remainder of front yards and in
side or rear yards. When necessary for security purposes, taller fences
may be approved by the Planning Board as part of the site plan review
process.
(4)
Exemptions.
(a)
Required screening. Fencing provided to meet screening standards
established by the Planning Board or any requirement of this chapter
is exempted from the opacity standards of this subsection, but in
no case shall the fencing exceed the maximum height limits of this
subsection.
(b)
Exemption for recreational fencing. Customary fencing provided
as a part of a permitted tennis court, athletic field, or other recreational
facility shall be exempt from the height restrictions of this subsection.
Such fences shall be constructed of vinyl-coated chain link material
or other similar material so as not to create a solid or closed surface.
Weaving of material between links or otherwise creating a closed fence
surface is prohibited. Fences surrounding swimming pools shall meet
State Building Code standards.
(c)
Exemption for safety. Major utilities, wireless telecommunication
services facilities, government facilities, and other public safety
uses shall be allowed to increase maximum fence heights to eight feet
in front, side and rear yards when necessary for public safety reasons.
C.
Materials. Fences, walls and gates adjacent to public rights-of-way
shall be constructed of a durable and decorative material such as
stone, brick, wrought iron or wood. Chain link or metal slat fencing
is prohibited in the front yard, and electrified fences, razor wire
and barbed wire are prohibited in any and all yards.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]
A.
Purpose.
(1)
The Board of Trustees finds that there exist within the Village places,
sites and structures that have a special character or special historical
or aesthetic interest or value in American, New York State and local
history, architecture and culture; that it is feasible to preserve
and continue the use of such places, sites and structures; and that
such places, sites and structures face the danger of being demolished
and destroyed without adequate consideration of the irreplaceable
loss to the people of the Village of the aesthetic, cultural and historical
values represented by such improvements.
(2)
The purpose of this chapter is to promote the general welfare by
providing for the identification, protection, enhancement, perpetuation,
and use of buildings, structures, signs, features, improvements, sites,
and areas within the Village that reflect special elements of the
Village's historical, architectural, cultural, economic or aesthetic
heritage for the following reasons:
(a)
To foster public knowledge, understanding, and appreciation
in the beauty and character of the Village and in the accomplishments
of its past;
(b)
To ensure the harmonious, orderly, and efficient growth and
development of the Village;
(c)
To enhance the visual character of the city by encouraging new
design and construction that complements the Village's historic buildings;
(d)
To protect and promote the economic benefits of historic preservation
to the Village, its inhabitants and visitors;
(e)
To protect property values in the Village;
(f)
To promote and encourage continued private ownership and stewardship
of historic structures;
(g)
To identify as early as possible and resolve conflicts between
the preservation of historic landmarks/districts and alternative land
uses; and
(h)
To conserve valuable material and energy resources by ongoing
use and maintenance of the existing built environment.
(3)
Enabling authority. Pursuant to Article 5, § 96-a; Article
5-G, Article 5-J and Article 5-K, § 119-dd of the General
Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation
Law; and § 10 of the Municipal Home Rule Law, it is hereby
declared as a matter of public policy that the protection, enhancement
and perpetuation of landmarks and historic districts are necessary
to promote the cultural, economic and general welfare of the public.
B.
The Village Board may designate historic landmarks and historic districts.
(1)
Pursuant to the procedures in this subsection, the Board of Trustees
may by resolution:
(a)
Designate as an historic landmark an individual building or
other feature or an integrated group of structures or features on
a single lot or site having a special character and historical, architectural
or aesthetic interest or value;
(b)
Designate as an historic district a contiguous area containing
a number of sites, buildings, structures or features having a special
character and historical, architectural or aesthetic interest or value,
and constituting a distinct section of the Village; and
(c)
Amend designations to add features or property to or from the
historic landmark or historic district.
(2)
Upon designation, historic landmarks, scenic landmarks, and contributing
properties within historic districts included in any such designation
are subject to all the requirements of this chapter.
C.
Initiation of designation for historic landmarks, scenic landmarks,
and historic districts.
(1)
The designation of an historic landmark, scenic landmark, or historic
district is legislative in nature which requires action by the Board
of Trustees after a public hearing at which the recommendation made
by the Architectural and Historic Review Board shall be considered.
Designations or amendments to an historic landmark, scenic landmark,
or historic district may be initiated by:
[Amended 5-9-2023 by L.L. No. 5-2023]
(2)
Pre-submission process: Applicants should submit a letter of intent
to the Building Inspector. The Building Inspector will then hold a
meeting with applicants to discuss the application process.
[Amended 5-9-2023 by L.L. No. 5-2023]
(3)
Application process: Applicants for historic district status shall
complete and submit an historic district application, as well as individual
property forms for each property within the proposed district. Applicants
for historic landmark or scenic landmark status shall submit an individual
property form. The individual property form will set forth a scoring
system as part of an evaluation of whether a property or properties
should be designated as an historic landmark, a contributing property
within an historic district, or a noncontributing property within
an historic district. The scoring system in the individual property
form is a nonbinding guideline to be taken under advisement by the
AHRB and the Board of Trustees.
[Amended 5-9-2023 by L.L. No. 5-2023]
(a)
Appendix K: Historic District Application and Individual Property
Form.[1]
[1]
Editor's Note: Appendix K is included as an attachment to this chapter.
(4)
Once an application is deemed complete by the Building Inspector,
it shall be referred to the Architectural and Historic Review Board.
Within 60 days of receipt of a complete application from the Building
Inspector, the Architectural and Historic Review Board shall schedule
a public hearing. A notice of hearing shall be published at least
once in a newspaper of general circulation in the Village not less
than five days prior to the date of such hearing, and notice thereof
shall be served by the applicant by certified mail postmarked at least
five days prior to the day of the public hearing upon the owner or
owners of the proposed landmark or the owners of the properties within
the proposed historic district as shown by the current tax rolls of
the Village. In the event the designation process has been initiated
by one of the Village boards and not an individual applicant, the
Village shall be responsible for serving the foregoing notice. If
the designation process has been initiated by a property owner or
owners, then the expense shall be borne by the property owner or owners.
The public hearing shall be conducted in accordance with applicable
law and shall be closed after providing opportunity for all parties
to be heard on the application. A reasonable period may be designated
by the reviewing Board after the close of the public hearing to accommodate
receipt of written comments prior to public deliberation and Board
action on the application.
[Amended 10-9-2018 by L.L. No. 8-2018; 5-9-2023 by L.L. No. 5-2023]
(5)
Criteria for recommendation.
(a)
Historic landmark: The AHRB may recommend, and the Board of Trustees may so designate, an individual property as an historic landmark if it meets the definition set forth in § 300-14.
(b)
Historic district: The AHRB may recommend, and the Board of
Trustees may so designate, a group of properties within the Village
as an historic district if a majority of properties therein:
[1]
Meet one or more of the criteria for designation as an historic
landmark, regardless of having within its boundaries other properties
or structures that are not of such historic and/or architectural significance
to be designated as landmarks, and are therefore designated as "noncontributing
properties;" and
[2]
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
(c)
Scenic landmark: The AHRB may recommend, and the Board of Trustees
may so designate, a structure, feature or resource that is not a building,
such as bridges, piers, parks, gateways, cemeteries, sidewalks, clocks,
or trees, which meet the definition of an historic resource, as a
scenic landmark. Recommendations for designation must be accompanied
by such historical and architectural information as is required by
the AHRB to make an informed recommendation concerning the application.
(6)
Within 90 days of the close of the public hearing, the AHRB shall adopt specific written findings and conclusions recommending that the property or properties be deemed historic or not historic and shall forward said recommendation to the Board of Trustees. The recommendation shall include a description of characteristics of the landmark or district justifying its designation or nondesignation, a description of the particular features that should be preserved, and a list of contributing and noncontributing properties and structures. The AHRB may also indicate alterations that would have a significant impact upon or be potentially detrimental to the landmark site or the district. The boundaries of each individual landmark, scenic landmark, or historic district shall be specified in detail with reference to the Tax Map identification number. The recommendation shall be filed, in writing, in the Village Clerk's office and there made available for review by the public. Failure of the AHRB to make a recommendation or nonrecommendation within 90 days of the close of the public hearing shall cause the application to be forwarded directly to the Board of Trustees under Subsection (7) below.
[Amended 10-9-2018 by L.L. No. 8-2018]
(7)
Procedure before the Board of Trustees for designating historic landmark,
scenic landmark, or historic district.
(a)
After receipt of a recommendation from the Architectural and
Historic Review Board recommending approval of a proposed designation,
amendment or revocation of an historic landmark, scenic landmark,
or historic district, the Board of Trustees shall conduct a public
hearing to consider the recommendation.
[Amended 5-9-2023 by L.L. No. 5-2023]
(b)
The public hearing shall be conducted in the same manner as set forth in Subsection C(4) above, except that deadlines for scheduling the hearing may be extended as required to meet all statutory requirements or otherwise by agreement of the parties. The Board of Trustees may approve (with or without modifications) or disapprove the proposed designation and shall adopt specific written findings and conclusions including whether the designation meets the purposes and standards set forth in this chapter in balance with the goals and policies of the Dobbs Ferry Vision Plan.
[Amended 5-9-2023 by L.L. No. 5-2023]
(c)
In each resolution designating an historic landmark, scenic
landmark, or historic district, the Board of Trustees shall include
a description of characteristics of the landmark or district justifying
its designation, a description of the particular features that should
be preserved, the location and boundaries of the landmark site or
district, and a list of contributing and noncontributing properties
and structures. The Board may also indicate alterations that would
have a significant impact upon or be potentially detrimental to the
landmark site or the district.
(d)
When the Board of Trustees has designated a landmark or historic
district, the Village Clerk shall promptly notify the owners of the
property included therein, and a copy of the designating ordinance
shall be recorded in the Village Board minutes, with a copy forwarded
to the Village Clerk and Land Use Officer. Designated historic districts
shall be noted on the Village Zoning Map, and an indication of landmark
designation shall be added to the property card for each property.
(e)
As with any legislative action, a decision by the Board of Trustees
may be challenged only by a proceeding under Article 78 of the New
York State Civil Practice Law and Rules.
[Added 5-9-2023 by L.L. No. 5-2023]
A.
Purpose. This section is intended to ensure that appropriate landscaping
is included as an integral part of new development in order to retain
and increase property values and improve the environmental and aesthetic
character of the Village.
B.
Applicability. This section shall apply to all applications subject
to site plan review.
C.
Landscape plan required. All development applications subject to
this section shall be accompanied by a landscape plan meeting the
requirements established by the Village. The landscape plans shall
be submitted and reviewed as part of the site plan review process
and the Architectural and Historic Review Board process.
D.
General landscaping standards.
(1)
Guarantee of installation. Required landscape improvements shall
be installed prior to issuance of a certificate of occupancy for all
structures. However, if the landscaping is not able to be installed
prior to a certificate of occupancy being issued due to winter weather
or other site limitations, the property owner shall post a financial
guarantee for the improvements equal to 115% of the cost of improvements
so that the certificate can be issued. Installation of the landscape
improvements shall then be completed before June 30 of the following
year. This guarantee shall be released upon acceptance by the Village
of the completed landscaping.
(2)
Types of trees. The types of indigenous trees, shrubbery and grasses
shall be selected from a list maintained by the Tree Commission. Invasive
species shall not be permitted.
(3)
Maintenance. Every property owner and any tenants shall maintain
and keep their landscaped areas in a well-maintained, safe, clean
and attractive condition at all times. Such maintenance shall include,
but is not limited to, the following:
(a)
Landscaped areas shall be kept free of trash, litter, weeds
and other such materials or plants not part of the landscape.
(b)
All live plant material shall be maintained in a healthy and
growing condition and must be replaced with live plant material of
similar variety and size (size not to be smaller than the minimum
required by this chapter at the time of replacement) if diseased,
damaged, destroyed or removed within two years of installation.
(c)
The property owner or tenants shall provide all regular and
normal maintenance of landscaping including weeding, irrigation, fertilization,
pruning and mowing necessary to comply with this section.
(d)
Cleaning of abutting waterways and maintenance of landscaped
areas in the public right-of-way adjacent to the property, unless
such streets, waterways or landscaped areas are expressly designed
to be maintained by a designated governmental authority.
(e)
The property owner shall not use live plant materials that exhibit
evidence of insect, pest or disease and shall appropriately treat
any and all damaged plants and shall remove and replace any and all
dead plant material with living plant materials.
(4)
Failure to maintain landscaping. Failure to perform the required
maintenance shall be considered a violation of this chapter, punishable
under its procedures and penalties.
Any nonresidential use with a gross floor area of 20,000 square
feet or more shall provide one off-street delivery/loading space.
The space shall be sufficient in size to accommodate vehicles which
will serve the use. The location of the delivery/loading space shall
not block or obstruct any public street, parking area, parking area
circulation, sidewalk or pedestrian circulation area and shall be
screened according to conditions established by the Planning Board.
The requirements related to loading spaces may be modified by the
Planning Board if the property owner demonstrates that the use of
the building does not require an off-street loading space and that
the safety of pedestrians, motorists, and bicyclists is not impaired,
and may be increased in the number of spaces required by the Planning
Board if the Planning Board determines that there is evidence that
the proposed use is of such a nature as to require more than one delivery/loading
space.
The purpose of this section is to protect and enhance the natural
and man-made features that contribute significantly to the Village's
scenic quality and character, including: varying topography and hillsides,
floodplains, wetlands, significant trees, view corridors, and historic
sites and areas.
A.
General site design guidelines.
(1)
To the maximum extent practicable, where significant natural features
or areas of historic or cultural value exist on a property or an adjacent
property, an applicant shall give priority to their preservation by
locating new development away from those features or areas;
(2)
Priority for protection shall be given to the features listed below.
These features have not been listed in any order of significance.
The relative significance of individual features shall be determined
by the Planning Board.
(a)
Slopes of greater than 25%;
(b)
Views to the Hudson River and other significant view corridors;
(c)
Mature trees, specimen trees, and significant stands of trees
and vegetation;
(d)
Floodplains, watercourses and natural drainage ways;
(e)
Wetlands;
(f)
Historic, cultural or archaeological sites, buildings, or areas
recognized by the Village or another government agency as significant;
and
(g)
Other significant and/or unique features.
(3)
Land use and development shall be designed in a manner that preserves
the natural topography of the site and minimizes the use of cut and
fill, as determined by the Planning Board through the site review
process.[1]
[1]
Editor's Note: Former Subsection A(4), regarding opportunities
to connect or complete planned pedestrian connections, which immediately
followed this subsection, was repealed 6-14-2011 by L.L. No. 6-2011.
B.
Pedestrian connections. To the maximum extent practicable, where
opportunities exist to connect or complete planned pedestrian connections
such as trails or paths illustrated in the Vision Plan, Local Waterfront
Revitalization Plan or other plans adopted by the Village, an applicant
shall provide such facilities or reserve lands for the future construction
of such facilities.
[Added 6-14-2011 by L.L. No. 6-2011[2]]
C.
Steep slopes. Development shall not be permitted in any area measuring
1,500 square feet or more with a slope of 35% or greater, subject
to the following exceptions:
(1)
The Board of Trustees' and the Planning Board's justification for
allowing development and/or disturbance within areas of steep slopes,
particularly on lots where it would otherwise be possible to avoid
the steep sloped areas, should be the protection and/or preservation
of other environmentally sensitive features or the reduction of adverse
environmental impacts on neighboring properties, provided that:
[Amended 6-14-2011 by L.L. No. 6-2011]
(a)
In considering disturbance and development within steep sloped areas,
the Board of Trustees and the Planning Board shall require the implementation
of appropriate engineering methodologies to prevent slope instability,
erosion and/or sedimentation.[3]
(b)
The Board of Trustees and the Planning Board may allow a driveway
to cross an area with a thirty-five-percent or greater slope to facilitate
access to a developable portion of a site when no other reasonable
alternative exists.
(2)
Building in areas with more than twenty-five-percent slope or areas
containing slide potential and other geotechnical hazards shall be
avoided unless no alternative building site is available.
[Added 6-14-2011 by L.L. No. 6-2011]
D.
View protection.
(1)
Purpose and intent. The Village of Dobbs Ferry finds that the natural
landscape and visual quality of the community provides a sense of
pride and individuality, setting it apart from other places. Special
vistas, views and scenic areas contribute significantly to the quality
of life, add to the value of property, and enhance the desirability
and livability of the community. When development occurs on or in
the vicinity of a well-recognized landmark or outstanding view it
can have a dramatic negative effect upon the general character of
the community. As part of the Vision Plan process, the Village has
identified significant scenic views and view corridors from selected
viewing places throughout the community. Views to the Hudson River,
from both public and private property, are particularly important
and demand consideration in the review of development applications.
The purpose of these standards are to preserve the scenic quality
of these resources and thereby promote a high quality of life, preserve
property values, and promote sustainable economic development by limiting
development that would reduce their visual integrity and to ensure
that development does not block observation of a scenic view from
delineated public viewing places.
(2)
Applicability. These view protection standards and guidelines shall
apply to all development within the Village subject to site plan review.
[Amended 8-22-2017 by L.L. No. 6-2017]
(3)
View analysis.
(a)
Analysis required. Each development project with the potential
to impact the visibility of the Hudson River or with the potential
for visibility from any established viewing platform shall be subject
to a view analysis during site plan review. (For purposes of this
subsection, "potential" is defined as capable of being seen from a
viewing platform if trees or large shrubs are removed, significantly
pruned, or impacted by construction.)
[Amended 8-22-2017 by L.L. No. 6-2017]
(b)
Analysis methodology. The applicant shall be required to demonstrate
the visibility (or lack thereof) of the proposed development. Methods
for demonstrating visibility may include scale drawings, photo simulations,
scale models, or three-dimensional digital models. At the discretion
of the Planning Board, the applicant may be required to install "story
poles" or balloons to identify the proposed building envelope and
height. When story poles or balloons are used, the applicant shall
take photographs of the project from appropriate established viewing
platforms that clearly show the story poles and/or house and subject
property.
(c)
Locations of viewing platforms. The locations of the public
viewing platforms are established by the map included as Appendix
E.[4] The Planning Board shall have the ability to amend that
map from time to time as necessary to add or remove locations.
[4]
Editor's Note: Appendix E is included at the end of this chapter.
(d)
Views from other locations. While the focus of this subsection
is on impacts to views from the established viewing platforms, the
Planning Board and other reviewing boards shall consider impacts to
views from private property as well in determining the overall impact
on views of a development application.
(4)
Standards.
(a)
Visibility of a building or portion of a building from a viewing
platform or other location shall not, in and of itself, be reason
for denial of an application. However, the visual impact of buildings
or portions of buildings that can be seen shall be mitigated to the
maximum extent practicable by reducing the height of the building
or moving the structure to another location on the site. Providing
landscape screening is not an alternative to reducing building height
or selecting a less visible site.
(b)
Existing natural features shall be retained to the maximum extent
practicable and integrated into the development project. Site conditions
such as existing topography, drainagecourses, rock outcroppings, trees,
significant vegetation, wildlife corridors, and important views will
be considered as part of the site analysis and will be used to evaluate
the proposed site design.[5]
[5]
Editor's Note: Former Subsection D(4)(c), regarding building
in areas with slide potential, which immediately followed this subsection,
was repealed 6-14-2011 by L.L. No. 6-2011.
E.
Tree protection.
(1)
Legislative intent; authority. The Village of Dobbs Ferry finds that
trees contribute in many ways to the health, safety and general welfare
of all Dobbs Ferry citizens. Trees, in addition to their aesthetic
benefits and temperature moderation, are of benefit to riparian habitat,
wildlife, energy conservation and the ecology of the area. Trees protect
surface water quality, provide shade, offer windbreaks, reduce soil
erosion and flooding, offer a natural barrier to noise and enhance
the beauty and appearance of the Village. Conversely, indiscriminate
and excessive cutting of trees and damage to trees can result in barren
and unsightly conditions, increase surface drainage problems, increase
municipal expense to control drainage, and impair the stability and
value of developed and undeveloped property. Section 96-b of the General
Municipal Law specifically empowers municipalities to provide for
the protection and conservation of trees and related vegetation. The
Village, having been given the authority pursuant to the Municipal
Home Rule Law to amend or supersede provisions of state law relating
to its property and affairs of government, intends by this section
to promote the preservation of a healthy tree population throughout
the community by means consistent with the reasonable use of private
property. The Board of Trustees hereby amends the Village Code pursuant
to the power vested in the Municipal Home Rule Law as follows.
(2)
Tree protection requirements.
(a)
Tree protection required. The owner of any premises shall exercise
all reasonable care to preserve all specimen trees, significant stands
of trees, or rare or endangered trees on the site during the course
of development or redevelopment. In the event any such tree is damaged
to the extent that it may die, in the opinion of the Land Use Officer,
it shall be removed and replaced at the owner's cost and expense.
(b)
Financial guarantee. As a condition of site plan approval and
prior to the issuance of a building permit, the owner may be required
to deposit a financial guarantee in cash with the Village in an amount
deemed sufficient to replace all specimen trees, significant stands
of trees, or rare or endangered trees on the site. In addition, an
agreement must be executed authorizing the Village to use that sum
for the purpose of replacing damaged or destroyed landscaping if the
plantings are not completed within a period of one year from the date
of the issuance of the building permit. Any amount not so expended
to be returned to the owner. Upon installation, all plantings are
to be maintained and renewed by the owner as directed by the Land
Use Officer.
[Amended 6-14-2011 by L.L. No. 6-2011]
(3)
Tree removal requirements.
(a)
Private property; undeveloped or subdividable lots. No person
shall cut down, kill or otherwise destroy or commit any act which
may lead to the destruction or eventual destruction of any tree, as
defined in 300-2, on any undeveloped or subdividable lot, unless said
person shall have obtained approval pursuant to this section.
(b)
Private property; developed lot. No person shall cut down, kill or otherwise destroy or commit any act which may lead to the destruction or eventual destruction of any protected tree, significant stand of trees or rare or endangered tree, as defined in § 300-14, on any developed property, unless said person shall have obtained approval pursuant to this section.[6]
(c)
Nuisance. Any tree or shrub growing on private property that
is diseased or that is endangering or in any way may endanger the
security or usefulness of a public street, public sewer or other public
space shall be considered a public nuisance.
(d)
Powers of the Superintendent of Public Works. Nothing in this
section will take away the powers of the Superintendent of Public
Works dealing with public tree preservation.
[Amended 6-14-2011 by L.L. No. 6-2011]
F.
Floodplains. As part of a site plan review procedure, the Planning Board shall ensure that the requirements of state and federal floodplains regulatory provisions, as well as the local requirements of Chapter 186 of the Code of the Village of Dobbs Ferry, are complied with where applicable, and shall take into account the presence of floodplains and other watercourses in the approval and assignment of conditions for approval of an application.
G.
Wetlands. As part of a site plan review procedure, the Planning Board
shall ensure that the requirements of state and federal wetlands regulatory
provisions are complied with where applicable, and shall take into
account the presence of any water features below the state and federal
regulatory thresholds. In the case of wetlands greater than 4,000
square feet, the Planning Board is authorized to require a mitigation
plan prepared by an environmental scientist, and the Planning Board
may impose minimum buffer areas between the proposed disturbance and
the edge of the mapped wetland.
H.
Historic, cultural or archaeological sites. As part of a site plan
review procedure, the Planning Board shall consider the impact of
any application on historic, cultural or archaeological sites or features
designated by the Village of Dobbs Ferry as landmarks or within historic
districts, or designated or eligible for designation on a state or
federal register of historic places.
A.
Intent. The regulations of this section govern nonconformities, which
are lots, uses, buildings or signs that were lawfully established
but, because of the adoption of new or amended regulations, no longer
comply with one or more requirements of this chapter. In older communities
such as Dobbs Ferry, many buildings and uses that were established
in compliance with all regulations in effect at the time of their
establishment have been made nonconforming by Zoning Map changes (rezonings)
or amendments to the Zoning Ordinance text. The regulations of this
chapter are intended to clarify the effect of such nonconforming status
and avoid confusion with illegal buildings and uses (those established
in violation of zoning regulations). The regulations are also intended
to:
(1)
Recognize the interests of landowners in continuing to use their
property for uses and activities that were lawfully established;
(2)
Promote maintenance, reuse and rehabilitation of existing buildings;
(3)
Place reasonable limits on nonconformities that have the potential
to adversely affect surrounding properties or the community as a whole;
and
(4)
Encourage the eventual elimination of nonconforming uses over time.
B.
Determination of nonconformity status. The burden of proving that
a nonconformity exists (as opposed to a violation of this chapter)
rests with the subject landowner.
C.
Authority to continue. Except as otherwise provided in this chapter,
a nonconformity may be continued in conformance with the standards
of this chapter.
D.
Maintenance and restoration.
(1)
Nonconformities must be maintained to be safe and in good repair.
Incidental repairs and normal maintenance necessary to keep a nonconformity
in sound condition are permitted, consistent with all permit or approval
requirements of this chapter.
(2)
A nonconforming building or portion of a building may be restored when destroyed by fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.
(3)
A nonconforming use may be continued in a restored building or portion of a building destroyed by accidental fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.
(4)
Nothing in this chapter will prevent the structural strengthening
or restoring to a safe condition of any building, structure or component
thereof declared unsafe by the Building Inspector.
E.
Alteration, enlargement or extension of a nonconforming uses.
(1)
The alteration, enlargement or extension of a nonconforming use must
be approved pursuant to a special permit issued by the Zoning Board
of Appeals.
(2)
The alteration, enlargement or extension of a building that is nonconforming
only with respect to dimensional standards as specified in Appendix
B, Dimensional Tables,[1] shall not require a special permit, so long as the alteration,
enlargement or extension conforms to all the requirements of this
chapter.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
F.
Abandonment, discontinuance or reduction.
(1)
Any nonconforming use that is abandoned for a period of 12 consecutive
months shall not thereafter be resumed.
(2)
Any nonconforming use that is intentionally reduced in number, character
or extent for a period of 12 consecutive months may thereafter be
continued only to the extent of the nonconformity remaining after
such reduction.
(3)
An owner aggrieved by a determination by the Land Use Officer that
a use has been abandoned, discontinued or reduced may request an appeal
of that decision to the Zoning Board of Appeals for good cause.
G.
Nonconforming signs. Nonconforming signs shall not be altered or
replaced unless the alteration or replacement brings the sign(s) into
conformity with this chapter. A change of lettering or text shall
not constitute an alteration according to this provision. All signs
existing prior to February 13, 2001, shall be exempt from the provisions
of this chapter.
A.
Purpose. This section is intended primarily to provide for the location
and design of off-street parking areas to accommodate motor vehicles,
while balancing the needs of pedestrians, bicyclists and transit users.
Parking areas are typically accessory to the principal land use on
the site. Even in the case of a parking area that serves as the principal
use on a lot, it is still secondary to the surrounding context that
it is serving. As such, parking area design should reflect that relationship,
reducing the visual prominence of the parking area while emphasizing
the primary buildings and orienting pedestrians toward the principal
entranceways and walkways. Standards in this section addressing the
location and design of parking areas are intended to meet this purpose.
A secondary purpose of this section is to address the quantity of
parking provided. Minimum standards are provided for each use type,
with the amount of parking for special permit uses to be determined
through the site plan review process. Flexibility is provided in meeting
these parking standards through alternative parking provisions.
B.
Applicability. The parking requirements of this section shall apply
to new development, expansions and increases in building size or density,
and changes of use, as follows:
(1)
New development. Unless otherwise expressly stated, the parking standards
of this section apply to all new development.
(2)
Expansions and increases in building size or density.
(a)
Nonresidential uses.
[1]
Unless otherwise expressly stated, the parking standards of
this section apply when an existing nonresidential building or nonresidential
use is expanded or enlarged by 15% or more. This provision applies
to the addition of floor area or seating capacity, whichever is used
for establishing the off-street parking requirements for the use.
[3]
If the expansion of a nonresidential building or use triggers
requirements for additional parking, such additional off-street parking
spaces are required only to serve the enlarged or expanded area, not
the entire building or use.
(b)
Residential uses. The parking standards of this chapter apply
whenever additional dwelling units are added to an existing parcel
or to a newly created parcel. In all such cases, additional off-street
parking is required only to serve the additional dwelling units. Existing
off-street parking deficits are not required to be reduced or eliminated
when additional dwelling units are added to an existing parcel. However,
existing accessory parking may not be reduced to be less than, or
if already less than, may not be reduced further below, the minimum
required parking standards set forth in Table C-1, Minimum Parking
Required.[2] The intent of this provision is to ensure both that existing
parking deficits in residential buildings are not increased as a result
of additions and that existing deficits are not a deterrent to investment
in existing properties.
[2]
Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.
(3)
Change of use.
(a)
When the use of a lot or building changes, additional off-street
parking facilities must be provided when the number of parking or
loading spaces required for the new use exceeds the number of spaces
required for the use that most recently occupied the building, based
on the minimum parking standards of this chapter. In other words,
the owner must provide parking equal to the difference between the
parking requirement for the existing use and the parking requirement
for the new nonresidential use, not the difference between the actual
existing parking and the parking requirement for the new nonresidential
use.[3]
[3]
Editor's Note: Former Subsection B(3)(b), regarding provision
of parking spaces for changes of use in existing buildings, which
immediately followed this subsection, was repealed 3-27-2018 by Ord.
No. 4-2018.
C.
General regulations.
(1)
All off-street parking areas and driveways, except those serving
one-family houses, must be constructed with a suitably paved surface.
Both impervious paving and pervious paving, such as pavers, pervious
asphalt, and similar surfaces which allow some percolation of stormwater
may be permitted. Loose gravel is not permitted except in OF Zones.
[Amended 3-27-2018 by L.L. No. 4-2018]
(2)
The storage of merchandise, materials, equipment, refuse containers,
obsolete or junk vehicles or the major repair of vehicles in public
and private parking lots is prohibited.
(3)
Except for the purpose of making local deliveries or pickups, vehicles
other than passenger vehicles and one light-weight van which could
be registered as a passenger vehicle may not be parked or stored in
any residential zoning district.
[Amended 3-27-2018 by L.L. No. 4-2018]
(4)
All required parking spaces shall be suitably drained. No required
parking space or loading space shall exceed a grade of 5%, unless
specifically permitted by the Planning Board.
(5)
No required parking spaces except in OF Districts shall be nearer
than 10 feet to:
[Amended 3-27-2018 by L.L. No. 4-2018]
(a)
The wall of any building, except a building that is served by
the parking or loading spaces.
(b)
A side or rear property line.
(c)
The boundary line of any adjoining areas zoned for residential
use.
(d)
A street curbline or edge of street paving, when there is no
curb.
(e)
Enclosed parking within primary and accessory buildings shall
be exempt from this restriction.
(6)
Except for on-street parking that is permitted to satisfy parking
requirements, no off-street parking spaces shall be located within
a public right-of-way.
D.
Parking area design.
(1)
Location. Off-street parking spaces must be located on the same lot as the use served except as allowed in Subsection H, Alternative parking requirements, below. Where practicable, parking should be located behind the front facade of the principal building on a lot.
(2)
Parking dimensions. Each off-street parking space for nonresidential
use shall measure a minimum of nine feet in width by 18 feet in length.
Each off-street parking space for residential use shall measure a
minimum of eight feet six inches in width by 18 feet in length. Accessible
parking spaces shall meet standards of the Americans with Disabilities
Act.
(3)
Parking aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
specified below, with varying aisle widths based on the angle of the
parking stalls and the direction of traffic on the aisles.
Parking Angle
(degrees)
|
One-Way Aisle Width
(feet)
|
Two-Way Aisle Width
(feet)
| |
---|---|---|---|
90°
|
24
|
24
| |
60°
|
18
|
22
| |
45°
|
13
|
20
| |
30°
|
12
|
20
| |
0° (parallel)
|
12
|
20
|
E.
Parking area landscaping.
(1)
Purpose. Parking lot landscaping is intended to break up expanses
of pavement, create shade, buffer views of parking lots from adjacent
streets and buildings, and enhance the overall appearance of development
projects.
(2)
Applicability. All parking lots with 12 or more parking spaces in
total or eight or more spaces in a single row shall be subject to
the requirements of this section.
(3)
Perimeter landscaping.
(a)
The view of parking areas from all abutting streets must be
visually screened by permitted buildings, fences, walls, hedges, or
by a combination thereof. Each fence, wall or hedge shall be not less
than 2.5 feet in height and not more than four feet in height. This
screening requirement is not to be interpreted as prohibiting the
installation of or provision for openings reasonably necessary for
access drives and walkways.
(b)
Where a parking area is located adjacent to a residential use, residential zoning district, clubhouse, community center, place of worship, day care, nursery school, educational use, hospital, or public park or open space, the screening requirement shall be met by a combination of building, fence, wall or hedge not less than five feet in height and not more than six feet in height. However, no fence or wall shall exceed the height limitations set forth under § 300-42.
(4)
Interior landscaping. All parking areas subject to this subsection
shall include interior landscaping according to the following standards:
(a)
Landscaped islands with a minimum width of eight feet and surrounded
by a minimum six-inch curb shall be provided to direct the flow of
traffic and to provide a place for shade trees to be planted.
(b)
At least one tree per 10 spaces shall be provided within the
parking lot. No more than 12 contiguous spaces shall be permitted
in a row without a landscaped interruption of at least five feet including
curbing.
(c)
Additional landscaping, including shrubs and ground cover, may
be required by the Planning Board through the site review process.
F.
Minimum off-street parking standards.
(1)
Purpose. The minimum parking standards are intended to lead to the
creation of enough off-street parking to accommodate most of the demand
for parking generated by the range of uses on a site, particularly
in areas where sufficient on-street parking is not available. They
are also intended to lead to the creation of enough parking on a site
to prevent parking for nonresidential uses from encroaching into adjacent
residential neighborhoods.
[Amended 3-27-2018 by L.L. No. 4-2018]
(2)
Uses subject to special permit. The actual amount of parking required
for any use subject to special permit shall be established by the
Planning Board and the decisionmaking body for the application.
(3)
Rules for computing minimum parking requirements.
(a)
Where a fractional space results, the number of parking spaces
required is the closest whole number. A half space will be rounded
up.
[Amended 3-27-2018 by L.L. No. 4-2018]
(b)
In the case of mixed uses, the number of parking spaces required
is equal to the sum of the requirements for the various uses computed
separately, except for reductions allowed under the subsection entitled
"alternatives to minimum parking requirements," below.
G.
Minimum parking required. Off-street parking spaces shall be provided
in accordance with Table C-1, Minimum Parking Required,[4] except as modified by Subsection H, Alternative parking standards, or as determined by the Planning Board during the site plan review.
[4]
Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.
H.
Alternative parking standards. Properties located in nonresidential
zoning districts are eligible for modifications to the parking requirements
of Table C-1 per the following standards. In each case, an appropriate
reduction in parking shall be determined by the Planning Board as
part of the site review process, with the standards below provided
as a guide. In some cases, additional parking reductions may be appropriate;
in other cases, lesser reductions may be necessary in order to minimize
impacts on surrounding properties and the Village as a whole.
(1)
On-street parking. At the discretion of the Planning Board, the minimum
required parking spaces required by Table C-1 may be reduced by one
space for every 25 feet of linear building frontage abutting a public
right-of-way (not including alleys) with legal on-street parking.
A fractional space of 0.6 or greater shall equal a single public parking
space.
[Amended 6-14-2011 by L.L. No. 6-2011]
(2)
Cooperative parking. Cooperative parking represents an arrangement
in which two or more uses provide their required off-street parking
in the same parking lot, thereby reducing the number of individual
parking lots and the number of curb cuts required to serve such lots.
Reduced off-street parking requirements are available as an incentive
for providing cooperative parking, and cooperative parking may be
necessitated in some instances when new curb cuts are prohibited by
other provisions of this chapter.
(a)
Calculation of cooperative parking reductions. The Planning
Board is authorized to approve an adjustment allowing a reduction
in the number of off-street parking spaces required when multiple
users provide their off-street parking in the same parking lot, as
follows:
(b)
Location of cooperative parking facility. A use for which an
application is being made for cooperative parking must be located
within 1,250 feet walking distance of the cooperative parking, measured
from the entrance of the use to the nearest parking space within the
cooperative parking lot, subject to adjustment by the Planning Board.
(c)
Agreement. An agreement providing for cooperative use of parking must be approved by the Village Attorney and filed with the Land Use Officer. Cooperative parking privileges shall continue in effect only as long as the agreement remains in force. Agreements must guarantee long-term availability of the parking commensurate with the use served by the parking. In granting approvals for a use that will rely upon a cooperative parking agreement, the Planning Board may make the use contingent upon the agreement such that the permitted use would terminate if the agreement lapsed and alternative parking arrangements acceptable to the Planning Board could not be secured. If the agreement is no longer in force, all uses shall be considered nonconforming as to parking until additional parking is provided consistent with the standards of § 300-48.
(3)
Shared parking. Shared parking represents an arrangement in which
two or more uses located on the same property with different peak
parking demands (hours of operation) use the same off-street parking
spaces to meet their off-street parking requirements.
(a)
Shared parking reductions criteria. Shared parking may be eligible
for a reduction in the total amount of required off-street parking,
subject to the following criteria:
(b)
Calculation of shared parking reduction. The aggregate amount
of parking required by Table C-1[5] for all uses sharing a parking facility may be reduced
according to the standards below:
[1]
If an office use and a general sales and service use share parking,
the parking requirement for the general sales and service use may
be reduced by 20%, provided that the reduction shall not exceed the
minimum parking requirement for the office use.
[2]
If a residential use shares parking with a general sales and
service use, the parking requirement for the residential use may be
reduced by 30%, provided that the reduction shall not exceed the minimum
parking requirement for the general sales and service use.
[3]
If an office and a residential use share parking, the parking
requirement for the residential use may be reduced by 50%, provided
that the reduction shall not exceed the minimum parking requirement
for the office use.
[4]
If two uses that have different hours of operation (typically
one requiring parking during daytime hours and one requiring parking
during nighttime hours) share parking, the total parking provided
must equal the standard for the use with the higher parking requirement.
The applicant shall be required to demonstrate that there is no substantial
conflict in the principal operating hours of the uses for which the
sharing of parking is proposed.
[5]
Editor's Note: Table C-1 is included as an attachment to this chapter in Appendix C.
(4)
Payment in lieu of parking (PILOP) program. A payment in lieu of
parking for development located within a downtown zoning district
may be accepted by the Board of Trustees to satisfy the off-street
parking requirement as long as the following standards are met:
(a)
Amount. In developments where the off-street parking requirement
may be provided via a payment in lieu, the applicant shall make a
one-time-only payment to the Village,. in an amount established by
the Board of Trustees per parking space. The fee is based on a review
of cost studies and standards in other similar communities, balanced
with an interest in providing both an attractive option to pursue
PILOP and the need to provide a reasonable fee that allows for additional
parking construction.
(b)
Time of payment. The payment in lieu of parking fee shall be
due and payable prior to the issuance of a certificate of occupancy.
All funds shall be collected by the Building Department and transferred
to the Village Treasurer for deposit in a separate interest-bearing
account.
(c)
Use of funds. Monies in the account shall be used solely for
the construction of a parking facility, transportation improvements,
including vehicle or station improvements, transportation demand management
facilities or programs, shared automobiles or programs, improvements
to pedestrian facilities to make the Village more walkable, and similar
transportation or mobility-related facilities or programs.
(d)
Periodic review of rate. In order to ensure that the payment-in-lieu
rate(s) is fair and represents current cost levels, it shall be reviewed
periodically.
(e)
Waiver of required parking spaces. A waiver for all or part
of the required on-site parking, subject to all fees below, will be
considered only wherein the Board of Trustees determines that development
of the required parking on site or through use or expansion of cooperative
or shared parking arrangements as detailed in Alternative Parking
Standards of the Zoning Ordinance is not practicable and/or creates
undesirable visual or other impacts.
(f)
Payment in lieu of parking fee schedule.
[1]
Developments requiring a waiver for one to five additional parking
spaces shall make a payment of $5,000 per required parking space.
[2]
Developments requiring a waiver for six to ten parking spaces
shall make a payment of $10,000 per required parking space.
[3]
Developments requiring a waiver for more than 10 additional
parking spaces as above shall make a payment of $15,000 per required
space.
[4]
Developments that are potentially eligible to request payments
in lieu of parking as above may receive a fifty-percent payment reduction
where the Board of Trustees determines that the proposed development
includes the offer of donated land or easement to the Village which
provides improved access or development potential in the Downtown.
Screening or buffering may be required by the Planning Board
and the Architectural and Historic Review Board through their respective
processes in order to provide reasonable and necessary transitions
or separations between uses.
A.
Intent. The purpose of this section is to promote and protect the
public health, safety and welfare by regulating existing and proposed
outdoor signs of all types and certain indoor signs. It is intended
to protect property values and create a more attractive economic climate;
to protect and enhance the physical appearance of the community and
preserve its scenic, man-made and natural beauty by ensuring the signage
is appropriate to the character of Dobbs Ferry and its commercial
districts; to reduce visual pollution; to reduce sign distractions
and obstructions that may be created by signs projecting and obstructions
that may contribute to traffic accidents; and to reduce hazards which
may be created by inappropriately designed or located signs.
B.
General standards.
(1)
Permit required. Except as specifically exempted in Subsection C below, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a sign permit from the Land Use Officer pursuant to the results of review by the Architectural and Historic Review Board, along with any other reviews required by this chapter.
(2)
Consistency with Village character and building design.
(a)
The design, color, character, size and scale of signs shall
be in keeping with and appropriate to the architectural design of
the building or structure upon which the signs are placed, the design
of the neighboring properties and adjacent signs, and the character
of the Village of Dobbs Ferry.
(b)
To the maximum extent practicable, signs should fit within the
existing architectural features of the building facade.
(c)
Corrugated plastic, cintra board and cardboard are prohibited
as sign materials. Wooden signs with painted or engraved letters are
strongly encouraged.
(d)
Plastic or laminated signs must have a wood substrate or layer
no thinner than 1/2 inch and no thicker than two inches and must be
framed with wood or metal to protect the edges.
(e)
Signs must be affixed to the building exterior using brackets
on all four corners to ensure proper stability and safety. Signs shall
not be drilled directly into the wall through the sign surface or
frame or glued to buildings.
(f)
No old sign may be repurposed by removing or painting over letters
or symbols.
(g)
Where a sign is removed, the business or property owner shall
cover the sign location with a replacement sign similar in size to
the former sign or by replacing materials consistent with the exterior
materials of the facade.
(3)
Advertisements. No person, firm or corporation shall hang, place
or cause to be placed any advertisement, placard or other notice (except
legal notices), or paint or cause to be painted any advertisement
or notice, on any post, pole, tree, fence or any other object in any
public street, sidewalk or area in the Village, except by permission
granted by the Board of Trustees. Such permission, if granted, shall
be under such conditions as may be required by the Board of Trustees
in each particular case.
(4)
Signs on public property. Except where otherwise noted, no sign may
be placed on public property by anyone other than the Village itself
without permission from the Village.
(5)
Exterior lights (dark skies). Exterior lights and illuminated signs
shall be designed, located, installed and directed in such a manner
as to prevent objectionable light at the property lines and disabling
glare at any location on or off the property.
(a)
All parking area lighting will be full-cutoff-type fixtures.
(b)
Uplighting is prohibited. Buildings, externally lit signs, displays
and aesthetic installations, must be lit from the top and illuminated
downward. The lighting must be shielded to prevent direct glare and/or
light trespass. The lighting must also be, as much as physically possible,
contained to the target area.
[Amended 6-14-2011 by L.L. No. 6-2011]
(c)
All building lighting for security or aesthetics will be full-cutoff
or a shielded type, not allowing any upward distribution of light.
Floodlighting is discouraged, and if used, must be shielded to prevent:
(d)
Adjacent to residential property, no direct light source shall
be visible at the property line at ground level or above.
(e)
All nonessential lighting will be required to be turned off
after business hours, leaving only the necessary lighting for site
security. Nonessential lighting could include display, aesthetic,
parking and sign lighting.
(6)
Sign maintenance. All signs, together with all supports, braces,
hoods, guys and anchors, shall be kept in good repair and shall be
painted or cleaned as often as necessary to maintain a safe and clean,
neat and orderly appearance. The period for correction of disrepair
shall not exceed 10 days from the date a notice of violation is issued
to the violator by the Land Use Officer.
(7)
Sign removal. The Village of Dobbs Ferry may, with 30 days' prior
written notice to the property and/or sign owner(s), remove sign(s)
that are in violation of this section without further notice or further
proceedings at the expense of the property and/or sign owner. The
expense may be recovered by the Village in an action pursuant to this
chapter that shall be instituted in the appropriate court having jurisdiction
over this matter.
(8)
Removal of abandoned signs. Abandoned signs must be removed by the
business or property owner within 30 days after written notice has
been received from the Land Use Officer.
C.
Exempt signs. The following types of signs may be erected and maintained
without permits or fees, provided that they comply with the general
and specific requirements of this chapter and the following standards:
(1)
Political signs.
(2)
All historical markers, tablets, memorial signs and plaques, names
of buildings and dates of erection when cut into any masonry surface
or when constructed of bronze, stainless steel or similar material,
and emblems installed by governmental bodies, religious or nonprofit
organizations shall not exceed six square feet.
(3)
Nonilluminated warning, private drive, posted or "no trespassing"
signs or the like that do not exceed two square feet.
(4)
Number and nameplates identifying residents by name, or residences
by number, mounted on a house, apartment or mailbox, that do not exceed
two square feet in area.
(5)
Temporary signs for garage or tag sales that do not exceed four square
feet in area and which may only be displayed between the hours of
7:00 a.m. and 7:00 p.m. on the day(s) of the event. Such signs shall
be promptly removed at the end of the sale.
(6)
"Open house" and "for sale" signs.
(a)
"Open house" signs on private property for sale or lease. In
all residential districts, "open house" signs advertising the sale
or rental of the premises can only be displayed between the hours
of 8:00 a.m. and 6:00 p.m. on the day of the event. Said signs cannot
be larger in size than five square feet and must be located on the
subject property not closer than five feet to any property line. Said
signs shall be removed at the end of each day they are displayed.
(b)
"Open house" signs on public property or private property other than property for sale. In all residential districts, for every open house a maximum of two signs on public property, other than the property for sale or lease, directing to or advertising the open house will be permitted, subject to the same restrictions in Subsection C(6)(a) above.
(c)
Temporary "for sale" signs. In all residential districts, only
one temporary sign advertising the sale or rental of the premises
can be displayed. Such signs cannot be larger in size than four square
feet and must be located either on the front wall of a building or,
if freestanding, then on the subject property not closer than 10 feet
to any property line.
(7)
Directional signs for the convenience of the general public, identifying
public parking areas, fire zones, entrances and exits and similar
signs, internally or externally illuminated.
D.
Prohibited signs. Except where otherwise provided, the following
signs are prohibited:
(1)
Off-premises signs;
(2)
Signs located in windows above the first story of a building;
(3)
Roof signs;
(4)
Signs on side walls of midblock buildings;
(5)
Illuminated signs that cause glare on an adjacent property;
(6)
Freestanding signs, except in the DG and CP Districts;
(7)
Animated signs;
(8)
Illuminated flashing signs;
(9)
Inflated signs;
(10)
Tethered balloons;
(11)
Signs incorporating projected images;
(12)
Signs that emit smoke, vapors or particles, sound or colors;
and
(13)
Signs located in or projecting over a roadway except those erected
by a governmental body.
E.
Nonconforming signs; amortization.
(1)
Nonconforming signs may not be altered or replaced unless the alteration
or replacement brings the sign(s) into conformity with this chapter.
A change of text or lettering shall not constitute an alteration according
to this provision, but does require review and approval from the Architectural
and Historic Review Board.
(2)
Signs that are not lawfully preexisting (i.e., signs erected or changed
without the benefit of a valid permit, Planning Board approval or
a variance) must be brought into compliance with all the provisions
of this article. No lawfully preexisting, nonconforming sign may be
reestablished after it has been abandoned or discontinued for a period
of 90 days or more.
[Amended 6-14-2011 by L.L. No. 6-2011[1]]
[1]
Editor's Note: This ordinance also repealed former Subsections
E(2) and (3), which immediately preceded this subsection.
F.
Maximum permitted total sign area. The maximum permitted sign area
in each zoning district, other than signage located on permitted awnings,
shall be as follows:
(1)
OF and MDR-1 Districts: four square feet.
(2)
MDR-2, MDR-H, B and MF Districts: 16 square feet.
(3)
EI, WF-A, WF-B, DT and DB Districts: 100 square feet, except the
maximum allowable gross surface area for a sign shall be 48 square
feet per face, and the maximum gross surface area for a wall sign
shall be 48 square feet.
(4)
DG and CP Districts: The aggregate area of signs shall not exceed
a maximum of one square foot for each lineal foot of building frontage.
No single sign, however, shall exceed a gross surface area of 200
square feet.
G.
Dimensions of permitted signs.
(1)
Except in the DG and CP Districts, the maximum vertical height of
any sign affixed to a building facade shall not exceed 24 inches.
The maximum horizontal length of any sign shall not generally exceed
25 feet on any street frontage for the same business or otherwise
exceed 100% of the street frontage of the building upon which such
sign is erected or maintained.
(2)
Projecting signs and all irregularly shaped three-dimensional signs,
including circular, oval, square or representational signs may not
exceed a total sign area of nine square feet per side when viewed
from any angle. In addition, such signs may not project more than
36 inches from the building facade and must not be less than seven
feet from the ground.
(3)
Except in the DG and CP Districts, the maximum overall height of
individual lines of letter groups (including upper- and lowercase
letters) shall be 14 inches. Where there is more than one line of
letters and/or graphic symbols, the combined height of letters and
symbols shall generally not exceed 22 inches, including the space
between the lines.
(4)
Where the design of an existing building facade incorporates a specific
area for signs, the height and length of the signs shall be restricted
to the dimensions of this area. Such provisions in the existing building
facade may be a justification in the opinion of the Architectural
and Historic Review Board to approve a sign exceeding the maximum
dimensions as stated above.
(5)
Signs in or on street level windows shall not exceed 30% of the glass
area or window in which they are displayed.
(6)
The Architectural and Historic Review Board shall have the authority
to approve signs that vary from the dimensions stated above when evidence
is provided of historical signs on the same premises in the past.
This authority, however, shall not obligate the approval of said signs,
if in the opinion of the Architectural and Historic Review Board such
a historical sign would not be in the general interests of the community.
H.
Temporary signs. Temporary signs may be displayed only after receiving
a temporary sign permit.
(1)
Temporary signs are subject to an abbreviated sign application, which shall include the purpose of the temporary sign(s); a description of the location and dimensions of the proposed temporary signs; the proposed duration and a signed statement affirming that the sign(s) will not violate the number, dimension and placement restrictions set forth in Subsections F and G above; and that the sign(s) will be removed within the time period specified in the permit.
(2)
Temporary signs that remain after the time limit noted on the permit
may be removed by the Land Use Officer after written notice to the
permit holder. Failure of the permit holder to comply within 10 business
days of receipt of the notice will allow the Land Use Officer to remove
the sign(s).
(3)
No temporary sign permit will be granted for more than 30 days.
(4)
No more than four temporary sign permits will be granted to a business
in each calendar year.
(5)
Temporary sign permits will not be granted within 30 days of the
expiration of the most recently granted temporary sign permit.
(6)
Temporary signs alone and or when combined with permanent signs shall
not exceed 30% of the glass area or window in which they are displayed.
(7)
Temporary sign(s) shall not exceed more than one such sign per 20
linear feet of the principal store frontage with a maximum of four
such signs per facade at any one time.
(8)
A-frame or sandwich board signs, while not considered temporary signs,
shall count towards the maximum number of signs permitted for a property.
I.
Sign directories.
(1)
Directory signs for off-street shopping plazas are permitted. Each
business within the plaza/building may have a sign within the directory.
The signs shall be of equal size and shape, and each sign shall not
exceed three square feet in sign area. The total area for the sign
directory shall not exceed 75 square feet.
(2)
Directory signs for buildings housing multiple businesses or professional
offices are permitted. A sign directory shall be an attached sign.
Each business within the building may have a sign within the directory.
The signs shall be of equal size and shape, and each sign shall not
exceed one square foot in sign area. The total area for the sign directory
shall not exceed 20 square feet.
(3)
When a directory sign is erected, it shall be the one principal flat
sign.
J.
Externally illuminated signs.
(1)
Signs externally illuminated by an enclosed source, with the exception of neon, shall be allowed subject to the number, dimension, placement and permit provisions of Article II of this chapter.
(2)
Enclosed light sources shall be shielded or screened in a manner
not to be seen by passersby from a normal viewing angle, including
residences, businesses and pedestrian foot traffic.
(3)
Light sources, other than neon, shall be limited to natural white
incandescent or fluorescent lamps and light fixtures and shall be
designed to cause a reasonably uniform distribution of light over
the full extent of the sign.
(4)
Externally illuminated signs may not create more than five footcandles
measured at any seven-foot distance from the sign.
K.
Internally illuminated signs.
(1)
Internally illuminated sign boxes are not permitted.
(2)
Stencil cut signs with only the letters emitting illumination are
permitted in the DB, DT, DG and CP Districts.
(3)
Individually illuminated letters are permitted in the DB, DT, DG
and CP Districts.
(4)
Internally illuminated signs may not emit more than five footcandles
measured at any seven-foot distance from the sign.
L.
Awnings.
(1)
Awnings and awning signs may be illuminated only by external enclosed
sources.
(2)
The awning, including the operating mechanism and its enclosure,
shall be designed, fabricated and installed to conform to the shape
and dimensions of window and doorway openings. Waterfall-style awnings
are generally prohibited. Awnings shall be related to windows and
doors and shall not cover the solid wall surface or architectural
features of the building facade. Overlap of the awning onto adjoining
building surfaces where required by the particular characteristics
of the building facade will be limited to six inches.
(3)
Awning material shall be of fabric or other soft materials, including
canvas duck or vinyl-coated canvas. The use of metal, plastic or other
rigid materials shall not be allowed. The rigid awning structure,
including operating arms and braces, shall be fully concealed from
view.
(4)
Awnings shall meet the following dimensional standards:
(5)
Lettering on awnings shall meet the following standards:
(6)
In nonresidential zoning districts, an awning may project beyond
the property line of a lot into a public sidewalk only if:
(a)
The necessary permit has been issued from the Land Use Officer;
(b)
The awning is at least seven feet six inches above the level
of the sidewalk at all points;
(c)
The awning projects no more than five feet beyond the property
line;
(d)
The awning is firmly affixed to the building and entirely supported
by the building; and
(e)
The design of the awning and any lettering, signs, lights or
other appurtenances have been approved by the Architectural and Historic
Review Board and Land Use Officer.
[Amended 4-26-2022 by L.L. No. 1-2022]
A.
Tree preservation; legislative intent.
(1)
The Village of Dobbs Ferry finds that the existence of trees within
the Village makes a fundamental contribution to the health, safety
and general welfare of Dobbs Ferry citizens and the community at large.
Trees, in addition to their aesthetic benefits, are essential to riparian
habitat, wildlife, energy conservation, temperature moderation and
the healthy ecology of the area; trees help improve air quality and
reduce global warming. These benefits to the community and environment
increase as trees mature. Maturation of trees protects surface water
quality, provides shade, offers windbreaks, controls water pollution
by reducing soil erosion and flooding, offers a natural barrier to
noise, yields advantageous microclimates and fundamental ecological
systems. Trees, together with shrubs, contribute to property values
of residential and commercial establishments, and preserve and enhance
the natural beauty and appearance of the Village and its historic,
non-urban character.
(2)
Our community's investment in its tree resources has accrued over
many years. This investment can be rapidly squandered by indiscriminate
damage to and destruction of trees, especially mature and/or specimen
trees and shrubs. Unregulated destruction of trees and unacceptable
pruning practices cause barren and unsightly conditions, increase
municipal expense to control drainage and soil erosion problems, impair
the stability and value of developed and undeveloped property and
negatively impact the health, safety, environment, ecosystems and
general welfare of the inhabitants of the Village of Dobbs Ferry.
(3)
The Village hereby establishes policies, regulations and standards
necessary to ensure that the community will continue to realize the
benefits provided by our trees. The provisions of this section are
enacted to:
(a)
Control and regulate the indiscriminate cutting and destructive
or excessive pruning of trees.
(b)
Increase species and age diversity of our tree population to
provide long-term stability of the aggregate canopy and ecosystem
by requiring replanting when trees are removed.
(c)
Preserve our trees and the non-urban appearance or our Village
by encouraging owners of existing homes, vacant lands and commercial
parcels to save or replace mature tree species when developing their
parcels.
(d)
Protect public trees in municipal parks and easements.
(e)
Facilitate Village stewardship of air, water, land and living
resources, to sustainably protect the environment for the use of this
and future generations.
B.
CERTIFIED ARBORIST
CERTIFIED ARBORIST REPORT
CLEAR-CUTTING
CRITICAL ROOT ZONE (CRZ)
DBH (DIAMETER AT BREAST HEIGHT)
(1)
(2)
(3)
(4)
DESTRUCTIVE PRUNING PRACTICES
DOWNED TREE
DRIPLINE
GIRDLING
HAZARDOUS TREE
(1)
(2)
(3)
(4)
(5)
PROTECTED TREE
(1)
(2)
(3)
(4)
(5)
(6)
PUBLIC PROTECTED TREE
REPLANTING AGREEMENT
TREE COMMISSION (TC)
TREE FUND
TREE OF HISTORIC OR UNIQUE VALUE
(1)
(2)
(3)
TREE REMOVAL (TR) APPLICATION
TREE REMOVAL PERMIT
TREE RISK ASSESSMENT
UTILITY DISTRIBUTION LINE VEGETATIVE MANAGEMENT
Supplementary definitions. The following are intended to supplement definitions found in § 300-14, or elsewhere in the Code.
An individual who has obtained knowledge and competency in
arboriculture or forestry through an accredited body such as the International
Society of Arboriculture (ISA) arborist certification program, the
American Society of Consulting Arborists, the New Jersey Society of
Certified Tree Experts, the State of Connecticut Department of Environmental
Protection or the New York State Cooperating Consultant Forester Program.
A report prepared by a certified arborist containing specific
information on the tree(s) and/or shrubs to be removed, including,
but not limited to: species, size, location, condition, structure,
height, crown integrity, crown spread, age, pruning history and presence
of pests or disease. The report shall include the arborist's name,
address, business affiliation, certification information and signature.
The cutting of five or more trees with a diameter of six
inches or more at a height of 54 inches (diameter at breast height
or DBH) above the natural grade on a given lot within a twelve-month
period.
The area containing the volume of roots necessary for maintenance
of tree health and stability. The CRZ is determined as a circle with
a diameter calculated from the diameter at breast height (DBH) using
the equation: (DBH X 1.5) X 2, which typically extends beyond the
dripline of the tree (as defined below).
A standard measurement of tree size taken by measuring the
diameter of the trunk at a height of 4.5 feet (54 inches) above ground
level. Guidelines for determining DBH in some of the more complicated
situations are as follows:
If the tree has branches, bumps or forks that interfere with
DBH measurement, measure below that point and record the height at
which DBH was determined.
If the tree is growing vertically on a slope, measure DBH from
the uphill side of the slope.
If the tree is leaning, measure DBH in the direction of the
lean.
If the tree splits into several trunks close to the ground (i.e.,
has a multistemmed or low-branched habit), the DBH of the tree is
the sum of the DBH of each trunk.
Pruning of a mature tree in ways that are in violation of
best practices, as defined by the American National Standards Institute
Guidelines for Tree Pruning (ANSI A300 Part 1) destructive pruning
practices include, but are not limited to, tree topping, defined as
cutting back large-diameter branches to stubs, and removal of more
than 25% of a tree's canopy.
A tree that has fallen over or is broken and is lying on
the ground or on a structure.
The outermost limit of the canopy of a tree as delineated
by the perimeter of its branches and which, extended perpendicularly
to the ground, encloses the tree.
An activity that removes or injures the bark of a tree trunk,
typically extending around much of the tree's circumference.
A tree that exhibits serious defects, that is, obvious and
visible signs that the tree is failing and that it presents an imminent
threat to the health and safety of persons, property, power lines
or places where people gather. Examples of serious defects include,
but are not restricted to, one or more of the following conditions:
Excessive damage by an act of God, usually a weather event such
as windstorm, lightning strike or flooding, with major broken branches,
split trunk, large cracks or other defects that cannot be corrected
by pruning.
Severe cracks in the main stem or in branch unions that penetrate
deeply into the wood of the tree.
Advanced decay associated with cracks, branch unions, cavities
in the tree or root flares and buttress roots. Evidence of fungal
activity including mushrooms, conks, and brackets growing on root
flares, stems, or branches can be indicators of advanced decay.
Leaning beyond 45° from vertical with evidence of recent
root exposure, soil movement or soil mounding.
Supported solely by the action of another tree or object.
Any of the following:
A tree with a DBH of eight inches or more, regardless of location.
A tree with a DBH of three inches or more located in a wetland,
watercourse buffer or watershed buffer (as defined elsewhere in Village
Code).
A tree with a DBH of three inches or more located on a slope
of 25% or greater.
A tree that has been planted as a specific requirement of site
development plan approval or as part of a previous replanting or restoration
agreement.
A tree of historic or unique value to the Village (as defined
herein).
A tree with a DBH of three inches or more designated by the
New York State Department of Environmental Conservation as a protected
native plant for our region.
Any of the following:
A written agreement between the property owner and the Village
specifying types and sizes of trees and/or shrubs to be planted as
replacements for those that have been removed.
As defined in Article VI of this section.
A special purpose fund into which shall be deposited any penalties for violations or payments in lieu of restoration/replanting which shall be used at the discretion of the Village Board of Trustees to promote the intent and purpose of this section, including the purchase and maintenance of trees, shrubs, plants and green spaces. The Board of Trustees may request from, and/or consider a written recommendation initiated by, the Tree Commission as to the use of the funds. The Village Board of Trustees shall establish any fee or basis of payments in lieu of replanting and same shall be included in the master fee schedule and be revised in accordance with Chapter 175.
A tree with unique or noteworthy characteristics or intrinsic
value, including, but not limited to, species, age, location, historical
significance, ecological value, or incomparable or irreplaceable aesthetic
benefit to the community or environment. Examples include:
"Champion" tree listed on an accredited tree registry or shown
to be of comparable size to such listed tree.
Rare or endangered species on federal or state lists.
Specimen tree exhibiting qualities such as noteworthy leaf color
or shape, peeling bark, floral display, fruit, overall form or habit,
unique wildlife habitat support, or rarity.
A completed form entitled "Tree Removal Permit Application"
available from the Building Department or the Village website, to
be submitted by any party wishing to remove one or more protected
trees as outlined herein.
A permit approved and duly issued pursuant to the terms of
this section. The permit consists of a written document in form determined
by the Building Department acknowledging which trees have been approved
for removal and is accompanied by a permit sign to be posted publicly.
The permit may also include additional compliance requirements such
as a replanting agreement or landscape plan.
A determination of the extent to which a tree is hazardous
using an industry-wide rating scale taken from "A Photographic Guide
to the Evaluation of Hazard Trees in Urban Areas" published by the
International Society of Arboriculture. Risk is rated by evaluating
the probability of failure of the tree, its size and the targets that
could be damaged if it fails.
The procedure by which electrical utility companies manage
potential or existing conflict between power lines and vegetation,
thereby minimizing tree-related power outages. While most vegetative
management involves tree trimming, trees that pose hazards to power
lines because of ill health, proximity to the lines or other problems
may be determined to be hazardous by the utility's arborist and be
removed.
C.
Allowable activities. Tree removal permit is not required for:
(1)
Removal of any tree not regulated by this section.
(2)
Removal of a downed tree.
(3)
Routine pruning or trimming of a tree to maintain health and natural
habit.
(4)
Removal of any tree that has been found to be dead, dying, insect-infested
or otherwise hazardous as determined in writing on business letterhead
of a certified arborist and submitted to the Building Inspector.
(5)
Protected trees presenting an unacceptable risk to the person or
property of the owner, to the public, to public property or to the
person or property of an adjoining property owner. A tree risk assessment
should be performed and documented by a certified arborist. Circumstances
must be such that defects cannot be remedied by reasonable pruning
or cabling of the tree.
D.
Prohibited activities. No person, firm or corporation shall purposely,
carelessly or negligently take any action that will result in killing,
destroying or significantly degrading the immediate or long-term viability
of any protected tree. Such actions include, but are not limited to:
(1)
Removal of a protected tree without a permit.
(2)
Clearcutting.
(3)
Destructive pruning practices.
(4)
Girdling or partial girdling or other significant bark damage.
(5)
Compaction of CRZ due to construction or other activity. Disallowed
activity within the CRZ includes: traversal, access or parking by
construction vehicles; manual construction activities excluding landscaping
(unless specifically authorized by an approved site development plan);
excavation and stockpiling of materials.
(6)
Installation of impervious surfaces over more than 25% of root zone.
(7)
Severing or trenching through more than 25% of the root zone.
(8)
Grade change exceeding three inches within the CRZ.
(9)
Poisoning or application of chemicals causing a failure to thrive.
E.
Regulated activities; permit required for removing protected trees.
(1)
Protected tree. No person, firm or corporation shall purposely, carelessly
or negligently cut down any protected tree or take any action that
will result in the cutting down of any protected tree unless a tree
removal permit is obtained, as provided in this section.
(2)
Clearcutting. A TR permit application is required if an aggregate
of five or more trees (as defined in this section, six inches or more
DBH) are being removed on any single lot within any given twelve-month
period.
(3)
Notwithstanding any other provision of this section, where protected tree or clearcutting removal is proposed in connection with any site plan or subdivision application submitted to the Planning Board or Village Board for approval, protected trees may be removed from the affected property only in conjunction with and subsequent to the approval of a final subdivision plat or final site development plan and are subject to the requirements of § 300-51I, Tree valuation.
F.
Granting of tree removal permits.
(1)
Permits for the removal of protected trees may be granted if the
protected trees are healthy but cause undue hardship by substantially
interfering with a permitted and intended use of the property. No
report from a certified arborist is required for a healthy tree. However,
the applicant should supply a description of the intended use and
why the protected trees present an undue hardship.
(2)
A replanting agreement for the replacement of 50% of the total aggregate diameter of trees proposed for removal as regulated under this section with new trees or other appropriate vegetation such as shrubs in accordance with tree valuation criteria (see §§ 300-51I, Tree valuation) is required for any tree removal permit.
G.
Procedural requirements for tree removal permits:
(1)
Applications for tree removal permits shall be filed with the Building
Department which shall review them and when determined as complete
shall be referred to the TC for its review. The TC has the authority
to request additional information deemed to be necessary to rendering
its decision.
(2)
TR applications must be made in writing according to rules and regulations set forth by the Building Department. A permit and escrow fee shall be established by resolution and adjusted from time to time by the Board of Trustees and included in the Fee Schedule in accordance with Chapter 175. The permit fee shall be remitted with the application.
(3)
Tree removal plan indicating the trees that are proposed to be removed.
(4)
A landscape plan showing the locations, quantities, species, varieties and sizes of trees and/or shrubs to be planted. The plan may also include the locations of existing trees and other landscape features per the requirements of § 300-51I, Tree valuation, must also be attached to the application.
(5)
The TR application shall contain an acknowledgement by the property
owner that members of the TC may require access to the property to
inspect protected trees. Advanced notification of inspection visits
will be provided unless specifically waived by the property owner.
TC members may be accompanied by a certified arborist and other consultants
and photos may be taken for purposes of site documentation.
(6)
The TC shall document any decision and comments on an application
for TR permit in writing, a copy of which will be provided to the
property owner by the Building Department.
(7)
If the TC approves the permit, in addition to the written decision
of the TC, the Building Department will issue both the permit and
a permit sign for public posting on the site at a location clearly
visible from the street. The sign must be posted at least three days
before tree removal begins. Permits must be available on site for
presentation to Building Inspector, code enforcement officer or other
enforcement officer upon request while the removal is in progress.
The tree must be tagged with a clearly visible ribbon or blaze during
the period of notice.
(8)
Applicant will be required to sign the replacement agreement upon
receipt of the TR permit.
(9)
Tree removal permits expire upon the expiration of six calendar months
after the approval date.
H.
Emergency removal of protected trees.
(1)
The provisions of § 300-51G above shall not apply for the removal of a hazardous tree under the following emergency procedure:
(a)
A TR application designated as an emergency removal shall be
filed with the Building Department which contains a certification
by a certified arborist as to the need for the emergency removal.
(b)
Within five business days of any emergency tree removal conducted
prior to issuance of a tree removal permit, the property owner must
submit a TR application after the fact which contains written statement
by a certified arborist of the need and circumstances for the immediate
emergency removal for safety reasons and such other documentation
of the emergency event, including photographic documentation of tree
before and after removal.
(2)
Removal of a protected tree without adherence to the emergency procedure
shall be a violation of this section.
(3)
The emergency procedure will be waived:
(a)
When a tree is determined to be dangerous by a police officer,
firefighter, Public Works official or civil defense official acting
in their professional capacity during or in the aftermath of catastrophic
events or states of emergency.
(b)
When tree removal is determined to be necessary by fire department
personnel actively engaged in fighting a fire.
I.
Tree valuation.
(1)
In the case of nonviolation conditions, "tree valuation" is defined
as "equivalent diameter inches," i.e., a twenty-inch DBH tree would
be deemed equivalent to up to twenty-inch-caliper of replacement trees.
(2)
In connection with all tree permits, subdivision, and site plan applications,
the project shall meet the minimum requirement of the replacement
of 50% of the total aggregate diameter of trees proposed for removal
with new trees in accordance with the approved plan for tree replacement.
Tree replacement shall be required on site unless the approving authority
determines that, because of site constraints, it is impracticable
or impossible to fully meet this mitigation requirement on site. In
such case, the approving authority may consider payment of a fee in
lieu of planting into the Village Tree Fund to satisfy the unmet portion
of the tree replacement requirement.
J.
Public protected trees; utility distribution line management.
(1)
Public protected trees may be removed only by a Village employee,
or by a firm or individual retained or duly authorized by the Village.
Removal of or damage to a public protected tree by any other person,
firm or corporation is a violation of this section.
(2)
A TC application is not required for the Village to remove a public
protected tree, but a recommendation to the Village Board from the
TC is required. Information such as an arborist report and any test
results leading to the Village's decision for tree removal shall be
made available upon request. Documentation of public protected trees
that have been removed shall be forwarded to the TC.
(3)
In the case of tree removal as a part of utility distribution line
vegetation management, performed by the utility company's contractors,
TC applications and permit signs are not required. A list of trees
slated for removal by the utility shall be submitted to the Building
Department with a copy forwarded to the TC before tree removal begins.
K.
Penalties for violations.
(1)
Penalties. In addition to any penalty or fine provisions elsewhere in the Code, including § 300-29D(8), and any available remedy at law or equity, any person or entity removing or causing the removal of one or more protected trees without first obtaining the required tree removal permit, or causing significant or irreparable damage to a protected tree, or otherwise violating this section shall be subject to penalties including:
(a)
Mechanical damage to a public protected tree, such as knocking
over, breaking or uprooting the tree, bark tearing, limb breakage,
tree well damage or damage to the tree roots caused by a vehicle:
up to $500 per violation.
(b)
Violations affecting a protected tree or public protected tree:
up to $500 per violation.
(c)
Violations affecting a protected tree within a conservation
easement, wetland, watercourse or designated buffer area: up to $1,000
per violation.
(d)
Violations affecting a tree of historic or unique value: up
to $2,000 per violation.
(e)
Other violations, including, but not limited to, the removal
of five or more trees without a permit: up to $2,000 per violation.
(f)
Each tree may be considered a separate violation and a penalty
shall be assessed accordingly.
(2)
Upon receipt, such penalty amounts shall be deposited into the special
purpose fund as established herein known as the Tree Fund to be used
at the discretion of the Village Board of Trustees to promote the
intent and purpose of this section. The Board of Trustees may request
from, and/or consider a written recommendation initiated by the TC
as to the use of said funds.
(3)
Any person or entity violating the tree provisions in this section
may be required to enter into a binding and enforceable restoration
agreement with the Village in addition to any other penalties or fines
associated with the violation. The Village Administrator is authorized
to execute such agreement on behalf of the Village.
(a)
The Building Inspector has the sole discretion to determine
the need for a restoration agreement based on the particulars of the
violation at issue.
(b)
A restoration agreement shall include enforceable provisions for replanting of replacement trees and/or other vegetation on the property, the totality of which must be comparable in value (e.g., species, quality, quantity, size), based on a valuation analysis (See § 300-51I, Tree valuation) and the particulars of the violation at issue. The restoration agreement shall include a detailed landscape plan which must be reviewed and approved by the Village. The Building Inspector shall refer the proposed landscape plan for review and written recommendation, the expense of which shall be the sole responsibility of the violator, by either a qualified consultant retained directly by the Village, or by the TC which may also obtain the services of a qualified consultant.
(c)
Should on-site restoration be determined by the Village's qualified
consultant or the TC to be impractical and/or undesirable in full
or in part, an equivalent monetary value amount shall be deposited
into the Tree Fund.
(d)
To assist the Village in determining the elements of the restoration agreement, the services and reporting of an arborist or horticultural consultant, or other qualified consultant, may be required. Any expense associated with obtaining such services will be the sole responsibility of the violator. The Village may require the deposit of funds into escrow for use in the payment of consultants. Any escrow fee shall be established by resolution and adjusted from time to time by the Board of Trustees and included in the Fee Schedule in accordance with Chapter 175.
(e)
Restoration shall be completed within six months of execution
of the restoration agreement and the Building Department shall be
notified within 10 business days after restoration work has been fully
completed so that a final site inspection may be conducted. If seasonal
planting requirements prevent the timely completion of restoration,
the timeline may be extended in writing by the Building Inspector.
(f)
No certificate of occupancy shall be issued by the Building
Inspector until the restoration work is completed to the reasonable
satisfaction of the Building Inspector, subject to conditions as Building
Inspector may prescribe.
(g)
If trees or other specified vegetation included in the restoration
agreement fail to survive for a period of two calendar years following
planting, they shall be replaced by the party to the agreement with
identically specified items unless a modification of the restoration
agreement is obtained from the Building Department. Said replacement
shall be within 60 days following written demand from the Building
Inspector for such replacement, or within an extended period of time
as may be specified. Should the party to the agreement fail to replace
the trees or vegetation pursuant to demand within the required period
of time, the party to the agreement may be subject to further penalties,
fines or other enforcement actions.
L.
Appeals.
(1)
Applicants may appeal any final decision of the Tree Commission,
in writing, to the Zoning Board of Appeals. Such written appeal is
to be filed with the Building Department. Said appeal shall state
specifically the location of the trees in relation to roads, structures
and adjoining properties and shall further state the reasons why the
permit application should have been decided differently. The appeal
should refer to the criteria for granting permits noted in Subsection
XX above. The ZBA may engage with one or more consultants, the costs
for which shall be borne by the appealing party in accordance with
escrow procedures established by this Code.
(2)
Appeal of decisions as to tree removal and restoration by the Board
of Trustees and Planning Board shall be made according to the standard
appeal provisions for those boards and approval processes.