A.
Applicability. No building permit or certificate of occupancy shall be granted for any use unless the Code Enforcement Officer shall find that such use conforms to the standards set forth in Subsection B of this section.
B.
Standards for restrictions on emission of dangerous or objectionable elements. No land or building subject to Subsection A of this section shall be used in any manner so as to create any hazard to public health, peace or comfort or to hinder the most appropriate use of land in the vicinity by reason of fire, explosion or radiation.
C.
Any person aggrieved by a decision of the Code Enforcement Officer in applying standards set forth in Subsection B of this section may appeal to the Zoning Board of Appeals from said decision, or for variance or modification thereof, by filing a notice of appeal within 30 days after written denial by the Code Enforcement Officer or issuance of a permit.
D.
Any violation of a certificate of occupancy granted
after issuance of a permit in accordance with this section shall constitute
a violation of this chapter and shall be subject to penalties herein
provided.
[Amended 6-2-2008 by L.L. No. 7-2008]
All businesses within the Village of Haverstraw
must have a permanent sign or signs consistent with this section in
place within 60 days of opening.
A.
Sign permit required. No sign shall hereafter be erected, reerected, constructed, enlarged or altered without a sign permit. No sign permit shall be issued except as shown on an approved site plan or sign plan. Where only the sign display portion of a validly erected sign is being changed, no sign permit is required, provided there is no change in ownership or change in the character of the business. Nor shall any sign permit be required for painting, cleaning, and other normal maintenance and repair of a sign. All signs shall comply with the size, setback and illumination requirements specified in § 245-10, Table of Use Requirements.
B.
Signs exempted from these requirements. The provisions of this § 245-13 shall not apply to the following types of signs:
(1)
Signs and devices conforming to the New York State
Department of Transportation Manual of Uniform Traffic Control Devices,
and other traffic regulatory signs shown on an approved site plan
or required pursuant to the order of municipal traffic control agencies.
(2)
Other signs of, or required by, duly constituted governmental
bodies and their agencies.
(3)
Temporary signs in any district, not exceeding 16
square feet in area, pertaining to and displayed during campaigns,
drives, or events of civic, political, philanthropic or educational
purposes, provided that such signs are displayed not more than 45
days before the event and removed one week after the event. All political
signs shall clearly set forth the political event to which they pertains.
[Amended 9-8-2009 by L.L. No. 3-2010]
(4)
Temporary, nonilluminated construction signs, not
exceeding 12 square feet in area, identifying the project under construction,
participating designers, contractors or developers. Such a sign shall
be permitted only during the construction period of the project.
(5)
Signs not visible outside of a building.
(6)
Temporary holiday decorations.
(7)
Temporary signs for garage sales, not exceeding four
square feet in area, provided that such signs contain the address
of the sale and date of the sale, are displayed only one week prior
to the sale and are removed the day after the sale.
(8)
"No Trespassing" or "No Parking" signs, not exceeding
four square feet in area.
(9)
On-site directional signs, not exceeding four square
feet in area.
(10)
Temporary signs in the form of banners may be
permitted for new businesses or during transition periods for new
owners, for a period not to exceed 45 days. One fifteen-day extension
may be granted by the Code Enforcement Officer, provided that the
delay was caused by time delays in getting approvals from the ARB
or due to contractors' delay.
(11)
Real estate sale or rental signs may be permitted
as long as the size of such signs on residential property does not
exceed 10 square feet or on commercial property does not exceed 24
square feet.
C.
Signs prohibited. Any signs not expressly permitted
by this chapter are prohibited. Additional types of signs that are
prohibited include:
(1)
Flashing signs, including any sign or device on which
the artificial light is not maintained stationary and constant in
intensity and color at all times when in use.
(2)
Exterior advertising signs and billboards.
(3)
Signs representing or depicting to any degree official
traffic signs or signals.
(4)
Signs which emit noise, sounds or smoke.
(5)
Animated signs, whether by mechanical or electrical
processes, including signs with banners, streamers, spinners or other
paraphernalia attached to or associated with such signs. Such signs
may be permitted for a temporary period not exceeding 30 days, when
approved by the Code Enforcement Officer.
(6)
Signs of a prurient nature or advertising businesses,
commodities or services of a prurient nature or an unlawful business
or undertaking.
(7)
Illuminations and devices outlining any part of a
building such as a gable, roof, sidewall or corner.
(8)
Signs made of cardboard, paper, canvas or similar
impermanent material.
(9)
Backlighted box-type signs, in the CB District.
(10)
Signs which project over a street.
(11)
Signs which obstruct traffic visibility at intersections
or at any entrance or exit from a property.
(12)
Scrolling signs
(13)
Signs, advertising, etc., located on utility
poles (except utility company identifiers), unless posted by a municipality
for governmental purposes.
D.
Illumination and removal of certain signs.
(1)
Illumination. Illumination of signs shall be from
external or internal light sources. The source of illumination shall
be so shielded that it is not visible beyond the boundaries of the
lot on which it is located. No neon lighting shall be permitted that
outlines the windows or architectural features such as doors, roofs,
cornices, etc. No neon sign may occupy more than 10% of the total
area of the window in which it is displayed, measured by the height
and width of the sign. No neon signs shall be permitted above the
first floor in the CB District.
(2)
Removal of certain signs. Any sign now or hereafter
existing which no longer identifies a use on a lot, or is not being
maintained, shall be taken down and removed by the owner, agent or
person having the beneficial use of the building, structure or lot
upon which such sign may be found, within 10 days after written notification
from the Code Enforcement Officer, and upon failure to comply with
such notice within the time specified in such order, the Code Enforcement
Officer is hereby authorized to cause removal of such sign, and any
expense incident thereto shall be paid by the owner of the building,
structure or lot on which such sign is located.
(3)
Dangerous signs. Should a sign be or become insecure
or in danger of falling or otherwise unsafe in the opinion of the
Code Enforcement Officer, the owner thereof or person maintaining
the same shall, upon receipt of written notice from the Code Enforcement
Officer and, in any case, within five days thereafter, secure the
same in a manner to be approved by the Code Enforcement Officer. If
such order is not complied with, the Code Enforcement Officer is hereby
authorized to cause removal of such dangerous sign, and any expense
incident thereto shall be paid by the owner of the building, structure
or lot on which such sign is located. When any sign is in such condition
as to be immediately dangerous to the safety of the public, the Code
Enforcement Officer is hereby authorized to take such action as in
his or her opinion shall be necessary to protect the public or property.
E.
Application procedure.
(1)
No sign permit will be issued except as approved by
a sign plan approval or a site plan approval granted by the Planning
Board and reviewed by the Architectural Review Board. After such approval,
an application for a sign permit shall be made to the Code Enforcement
Officer on forms prescribed by the Code Enforcement Officer and shall
contain the information specified in the site plan rules and regulations.
All applications shall be accompanied by the required fee in accordance
with the standard schedule of fees of the Village.
(2)
The Code Enforcement Officer, upon receipt of an application
for a sign permit, shall review the same. If the sign requested has
been approved on a site plan or a sign plan, the Code Enforcement
Officer shall issue a sign permit and a display sticker which shall
be prominently affixed to each sign and visible from the street which
abuts the lot on which the sign will be located.
(3)
If there is no sign plan approval or site plan approval,
the applicant must submit an application to the Planning Board for
either site plan approval or sign plan approval, whichever is applicable.
Upon the granting of a site plan or a sign plan approval, a copy of
the approved plan shall be transmitted to the Code Enforcement Officer.
F.
Sign requirements. The Planning Board shall consider
the following supplemental use criteria in granting any approvals
for signs:
(1)
Signs must be clearly accessory to the use or uses
upon the same lot, and such signs and lighting must be shown to be
essential to the conduct of the permitted principal or accessory use
upon the lot.
(2)
Signs in the CB District shall be made of wood or
woodlike materials and shall have texture and depth. Applied letters
may be substituted for wall-mounted signs, if constructed of painted
wood, painted cast metal, bronze, brass or anodized aluminum. Applied
plastic letters are not permitted. Applied letters shall not exceed
18 inches in height.
(3)
The size and content of the sign shall be the minimum
essential for legibility and for the provision of information to patrons
seeking the particular use described on such sign.
(4)
The sign content shall clearly provide only the information
necessary to identify the use upon the lot.
(5)
The sign shall not be similar to any traffic signal
or other safety device or be composed of elements depicting in exaggerated
size or grotesque style the use upon the lot.
(6)
All existing signs on the lot, together with their
supporting braces, guys, anchors, etc., shall be kept in repair and
in a proper state of preservation. The display surfaces of all signs
shall be kept neatly painted or maintained at all times.
(7)
One sign per storefront may be installed perpendicular
to the building but may not protrude more than five feet from the
plane of the building nor closer than two feet to the curbline. The
bottom of the sign or the protruding portion of the bottom bracket
shall be at least nine feet above the sidewalk or pavement immediately
beneath the sign. The size of the sign shall not exceed 10 square
feet per face, and only two faces are permitted.
(8)
Signs shall be placed so as not to obliterate, conceal
or destroy architectural and decorative trim and cornices immediately
above first-floor storefronts or on above stories.
G.
Awnings shall be permitted in the CB District, but
the same must be made of canvas and of traditional styling. No bubble-type
awnings are permitted. Signs may be painted on or made part of an
awning. Such signs shall be computed in the allowable sign area, except
for signs on awning valances solely identifying the store name with
a letter size not exceeding eight inches in height. Awnings must be
suspended at least 90 inches above ground level.
H.
Enforcement. No sign permit shall hereafter be approved
or issued except in conformity with the requirements of this chapter
and the site plan rules and regulations adopted by the Planning Board.
No sign permit shall be issued for any sign except in conformity with
an approved sign plan or site plan. Any sign not in conformity with
such an approved sign permit shall be deemed a violation of this chapter.
I.
Nonconforming signs. Any sign which was in existence
prior to the effective date of this chapter and which conformed to
the applicable provisions of the prior Zoning Ordinance but which
does not conform to the applicable provisions of this chapter shall
be deemed nonconforming, and the display of such sign shall be permitted
to continue. All other signs which have been erected but fail to comply
with the requirements of this Zoning Chapter shall have six months
after the effective date of this chapter to be brought into compliance
or removed.
A.
General considerations.
(1)
In considering an application for a special permit
for any use, as provided in Column B-1 of the Table of General Use
Regulations,[1] the Board of Trustees or the Zoning Board of Appeals shall
take into account the following: accessibility of the property involved
in the application to fire and police protection; access of light
and air to the property and to adjoining properties; traffic conditions;
transportation requirements and facilities; the size, type and kind
of buildings, uses and structures in the vicinity and the suitability
of the proposed use to said buildings, uses and structures, including
but not limited to the safety and convenience of persons who gather
there and any decrease or impairment in the market value of said buildings,
uses and structures if the proposed use be granted; the general safety,
health, peace, comfort and general welfare of the community-at-large;
whether the location and size of the proposed use, the nature and
intensity of the operations involved, the size of the site in relation
to the use and the location of the site, with respect to existing
or future streets giving access to it, parks and drainage systems,
is in harmony with the Village Master Plan and Official Map; and that
the location, nature and height of buildings, walls and fences will
not discourage the appropriate development and use of adjacent land,
uses, structures and buildings or impair the value thereof.
(a)
In case of an application for a use involving
the storage, care or servicing of motor vehicles, the Board shall
consider any hazards arising from storage and use of flammable fluids.
(b)
It is further provided that in granting or denying
a special permit, the Zoning Board of Appeals shall specify in the
decision the particular grounds relied upon and its relation to the
proposed use.
(c)
Operations in connection with any special use
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or lights than would be the operations of
any use permitted by right.
(d)
Prior to its determination of any application
for a special permit use, the Zoning Board of Appeals shall request
and review a recommendation from the Planning Board and, where appropriate,
the Board of Trustees and the Architectural Review Board as to the
above general considerations.
[1]
Editor's Note: The Table of General Use Regulations
appears at the end of this chapter.
(2)
The Board of Trustees or the Zoning Board of Appeals
may, as a condition of granting a special permit, require the applicant
to waive any real estate tax exemption as to the premises. The Board
of Trustees or the Zoning Board of Appeals may restrict the bulk of
the buildings and the use and occupancy of the premises so as to provide
for a density of population or occupants no greater than what the
premises would contain if used for one-family residential purposes.
(3)
After the granting of a special permit use, the application
for a building permit shall be referred to the Planning Board for
site plan approval, and to the Architectural Review Board for approval
as required by this chapter.
(4)
The Zoning Board of Appeals shall not grant any variance
of the applicable provisions of this chapter when considering a special
permit application. After the granting of a special permit use, the
Zoning Board of Appeals may grant a bulk variance for other than minimum
lot area only if the Planning Board in reviewing the site plan recommends
such variance would be desirable to promote proper use of the site.
(5)
Any special permit use requiring approval of the Board
of Trustees shall first be referred to the Planning Board and the
Architectural Review Board and then to the Board of Trustees for its
consideration upon a public hearing duly held.
[Amended 6-19-1995 by L.L. No. 1-1995]
B.
Accessory apartments. One accessory apartment per
single-family dwelling may be permitted, subject to the following
supplementary requirements:
(1)
The owner of the one-family dwelling in which the
accessory apartment is to be located shall occupy the principal dwelling
unit within the dwelling and shall have occupied said one-family dwelling
for a continuous period of 10 years prior to the date of application
for a special permit for an accessory apartment.
(2)
An accessory apartment may be located in the principal
dwelling, provided that such dwelling has existed for a period of
25 years prior to the date of application, contains a minimum of 2,000
square feet of habitable space and conforms to all other requirements
of this chapter unless a variance shall have been granted by the Zoning
Board of Appeals.
(3)
The minimum floor area for an accessory apartment
shall be 400 square feet, but in no case shall it exceed 50% of the
habitable area of the dwelling in which it is located, or 600 square
feet, whichever is less, unless a greater or lesser amount of floor
area is warranted by the specific circumstances of the particular
dwelling.
(4)
There shall be no more than one accessory apartment
per dwelling and per lot, and such accessory unit shall be occupied
by a blood relative, i.e., mother, father, grandparent, son or daughter.
The owner shall sign a sworn affidavit attesting that the occupants
of the accessory apartment are blood relatives.
(5)
The entry to such apartment and its design shall be
such that, to the degree reasonably feasible, the appearance of the
dwelling will remain as a single-family residence.
(6)
No accessory apartment shall be located in a cellar
or garage.
(7)
An inspection of the premises shall be allowed and
conducted each year.
(8)
The New York State Uniform Fire Prevention and Building
Code adopted by the Village of Haverstraw must be followed.
(9)
If any of the above criteria are not met, then the
accessory apartment must be removed and the second unit terminated.
C.
Conversion of a one-family detached dwelling constructed
prior to 1972 into a two-family dwelling.
D.
Hotels and motels.
(1)
Hotel and motel units shall not contain kitchen facilities
of any nature and shall not be used as apartments for nontransient
tenants.
(2)
Hotel and motel units shall not contain more than
two rooms and shall not be connected by interior doors in groups of
more than two.
(3)
A hotel or motel unit shall not be occupied by more
than three adults at any time.
(4)
There shall be no more than one hotel or motel unit
for each 3,500 square feet of site area.
(5)
Each hotel or motel room shall have an area of at
least 240 square feet, and a hotel or motel unit including bath and
closet facilities shall be not less than 300 square feet. Each hotel
or motel unit shall have a bath facility with shower or bath, one
toilet facility and sink.
E.
Recreational facilities such as golf courses, tennis
and swimming clubs and day camp recreational facilities.
(1)
Swimming clubs or swimming pools other than private
swimming pools shall be classified and located as follows:
|
Type of Pool
(Class)
|
Maximum Area
(square feet)
|
Minimum Setback from Any Property Line
(feet)
| |
|---|---|---|---|
|
A
|
Over 3,500
|
200
| |
|
B
|
2,501 to 3,500
|
175
| |
|
C
|
1,501 to 2,500
|
150
| |
|
D
|
1,500 or less
|
100
|
(2)
All recreation facilities shall comply with the following
minimum setback requirements:
|
Type of Facility
|
Minimum Setback From Any Property Line
(feet)
| ||
|---|---|---|---|
|
Handball courts
|
100
| ||
|
Basketball courts
|
100
| ||
|
Baseball diamond (not outfield)
|
100
| ||
|
Volleyball courts
|
100
| ||
|
Concession stands
|
100
| ||
|
Casino buildings
|
100
| ||
|
Concentrated picnic areas (tables, barbecue
pits, etc.)
|
100
| ||
|
Outfield relative to baseball or softball
|
50
| ||
|
Parking areas
|
50
| ||
|
Picnic grounds (not improved)
|
50
| ||
|
Games normally involving fewer than 10 people,
such as horseshoe pits, nature trails, etc.
|
50
| ||
|
Golf course fairways
|
50
| ||
(3)
Lighting. If outdoor lighting is provided for any
of the foregoing recreational facilities, including swimming pools,
which permit use of the facilities after 10:00 p.m., the applicable
setback requirements for such facility shall be doubled. All lighting
shall be located so as not to be visible at the source from any adjoining
property. Floodlights on poles not less than 75 feet from any property
line directed toward the center of property and shielded from any
nearby residential area shall be deemed to comply with the latter
regulation.
(4)
Noise. Public address systems or any other amplified
noises are prohibited.
(5)
Parking. All parking areas and spaces shall have dustless
surfaces.
(6)
Use of pool. The maximum number of families permitted to use any swimming pool shall be equal to the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in the total pool area set forth in Subsection E(1) above.
(7)
Enclosed buildings. All indoor facilities such as
casinos and recreational halls shall be located within completely
enclosed buildings.
(8)
Operation. The Zoning Board of Appeals may impose
reasonable conditions of operation.
F.
Home occupation or profession. A home occupation or
profession may be permitted as an accessory use on a residential lot
by one or more members of the family residing on the premises and
shall conform to the following additional restrictions:
(1)
The profession or other occupation shall be carried
on wholly within a completely enclosed building.
(2)
Not more than 500 square feet and in no case more
than 1/2 the floor area of the principal building, or an equivalent
area elsewhere, is so used.
(3)
Not more than one person outside the family shall
be employed full-time in such home occupation.
(4)
There shall be no exterior display or exterior sign
except as permitted for the district in which the use is located,
no exterior storage of materials and equipment and no other exterior
indication of such home occupation or variation from the residential
character of the principal building, except that adequate off-street
parking shall be provided.
G.
Family-care and group-care facilities. In any residence
district, a special permit may be granted for the operation of a family-care
and/or group-care residence for adults, subject to the following:
(1)
The minimum lot area required for the establishment
of a group home shall be the same as that required for other dwellings
in the district in which it is located, except that the minimum lot
area requirement shall be increased by 10% for each nonsupervisory
resident in excess of six up to the maximum permitted number of 12.
(2)
For purposes of furthering the state's dispersal and
deinstitutionalization policy, to prevent the undue concentration
of group homes in any one area and to preserve the social as well
as the physical character of one-family residential neighborhoods,
no new group home facility shall be established within 1/2 mile of
any such existing facility.
(3)
A minimum of one off-street parking space shall be
provided for each vehicle located at the group-care facility or operated
on a daily basis in connection therewith, but in no case shall fewer
than two off-street parking spaces be provided.
(4)
In addition to all other normally required items of
information, the following additional documentation shall also be
submitted with the special permit application.
(a)
A copy of the operating certificate issued by
the New York State Department of Social Services or Department of
Mental Hygiene or the Office of Mental Hygiene.
(b)
Copies of all correspondence between the applicant
and the State of New York with respect to proposed changes in the
size of the facility.
(c)
A complete statement of the proposed type, number,
age and permanency of residence of the persons to be cared for, and
the number and qualifications of both resident and nonresident adult
supervisory personnel.
(d)
A complete statement of the applicant's plans
for the social and economic integration of the projected residents
into the community, including their educational, employment and recreational
needs, transportation and service requirements and any other such
information as may be relevant and determined necessary by the Board
of Trustees.
(e)
A vicinity map indicating the location of the
proposed facility in relation to other existing group-care facilities
or other similar types of care facilities within a radius of two miles
of the subject site.
(f)
A floor plan indicating the use and arrangement
of space within the proposed facility.
H.
Dwelling units located above a nonresidential use.
Dwelling units may be located above a nonresidential use in a CBD
District or PO District subject to the following provisions:
[Amended 3-3-2008 by L.L. No. 2-2008; 8-11-2014 by L.L. No. 8-2014; 12-7-2020 by L.L. No. 1-2021]
(1)
A nonresidential use is prohibited above a floor containing
a residential use.
(2)
A suitable, safe, direct and attractive means of access
shall be provided to the dwelling units for pedestrian use. Said means
of access shall not pass through the use located on the first floor
of the building.
(3)
A smoke detector, fire alarm and/or sprinkler systems
shall be installed pursuant to New York State Prevention and Building
Codes.
(4)
No such dwelling units shall contain more than two
bedrooms.
(5)
The minimum habitable floor area in the dwelling units
shall be 400 square feet, except that a studio apartment may be less
than 400 square feet but in no event less than 280 square feet in
accordance with the following conditions:
(a)
The dwelling units include a food preparation
area, including a sink, refrigerator and cooking range.
(b)
The dwelling units include a bathroom with a
sink, water closet and bathtub or shower.
(c)
The creation of the dwelling units must be in
connection with a major rehabilitation and upgrading of the entire
structure, and the applicant must demonstrate that the reduction of
the floor area requirement is necessary to the economic viability
of the project.
(d)
On lots with six or more units, no more than
15% of the total number of units may be studio apartments.
(e)
Lots with less than six units shall be permitted
one studio apartment.
(f)
The Village Board, in the exercise of its reasonable
discretion, may vary the number and size of studio apartments when
an applicant shows unique and compelling reasons due to the financial
needs and/or building configuration of a particular rehabilitation
project.
(6)
The nonresidential use on the first floor of the building
shall not create any odor, dust, fumes, smoke, gas, vibration, light,
noise or similar condition which is deemed to be a hazard to the residential
use located above.
(7)
No
structure located in the PO District may have more than six dwelling
units authorized by this section.
I.
Adult entertainment uses.
(1)
Applicability. No building permit or certificate of occupancy shall be granted for any use unless the Board of Trustees shall find that the use shall conform with the standards set forth in Subsection B of this section.
(2)
Standards for restrictions on adult entertainment
uses.
(a)
No more than one of the adult entertainment
uses as defined above shall be located on any lot.
(b)
No such use shall be established or permitted
in any building of which any part is used for residential purposes.
(c)
No residential use shall be established in a
building of which any part is used as an adult entertainment use.
(d)
No such use shall be established closer than
500 feet to any lot line of any other adult entertainment use.
(e)
No such use shall be established closer than
200 feet to the lot line of any residential district, which shall
include any zoning district that permits residential use.
(f)
No such use shall be established closer than
200 feet to the lot line of any church, community center, funeral
home, school, day-care center, hospital, alcoholism center or drug
treatment center, counseling or psychiatric treatment facility or
public park.
J.
Child day-care center. Child day-care centers authorized
by the New York State Department of Social Services shall be subject
to the following:
(1)
A fenced-in outdoor play area shall be provided, but
said play area shall not be located nearer than 75 feet to any street
or lot line.
(2)
No child day-care center shall be located in a private
family residence unless the portion of the residence where the children
have access is used exclusively for children during hours the center
is in operation or is separate from the usual living quarters of the
family.
(3)
State licensing standards and requirements must be
met.
(4)
Setbacks, screening and landscaping shall conform
to the pertinent portions of this Zoning Chapter.
(5)
Structure shall meet Building, Sanitation, Health,
Traffic Safety and Fire Safety Code requirements.
(6)
Filing of a child-care registration form with the
Village of Haverstraw.
K.
Bed-and-breakfast.
[Added 1-21-2003 by L.L. No. 1-2003]
(1)
Applicability. A bed-and-breakfast is permitted as
a special permit accessory use to a single-family residence in all
residential districts and is permitted as an accessory use to a nonconforming
single-family residence in all nonresidential districts. A single-family
residence must be in existence at the date of adoption of these regulations
to become eligible to be a bed-and-breakfast home. Except as otherwise
specified herein, the single-family residence shall be required to
meet the bulk requirements for single-family residences within the
applicable zoning district. Those residences that do not meet all
bulk requirements may be granted variances by the Village Board or
the Village Board may refer the applicant to the Zoning Board of Appeals
to consider granting any required area variances.
(2)
Application submission. In addition to the general
requirements for special use permit approval, the applicant shall
also submit:
(a)
A sketch showing the floor plan of the home
and the location of proposed guest room.
(b)
A site plan delineating the location of the
residence on the tax parcel, minimum setback distances, proposed parking
areas, proposed screening, and any other information applicable.
(c)
If a sign is proposed, a sign plan, including
type and location of illumination.
(d)
A letter from the Building Inspector stating
that there are no violations in existence at the time of application.
(e)
A certification the owner resides and will continue
to reside within the residence while the special use permit is in
effect. A change in owner occupancy shall require renewal of the special
use permit.
(3)
Requirements and conditions of operation.
(a)
The bed-and-breakfast shall be the primary residence
of the owner.
(b)
The preferred lot size shall be no less than
7,500 square feet. This lot size may be reduced upon application to
the Village Board.
(c)
The number of paying guests accommodated per
night shall not exceed eight guests, and no guest shall stay for a
period exceeding 15 days. The bed-and-breakfast shall maintain a guest
registry identifying the arrival and departure dates of guests.
(d)
A maximum of two adult guests and accompanying
minor children shall be allowed to occupy each guest bedroom, subject
to fire safety standards.
(e)
There shall be no more than four bedrooms occupied
by paying guests. Said rooms shall not be equipped with a kitchenette
or other cooking devices.
(f)
As a minimum, one bathroom shall be provided
for each two guest rooms. In addition, a separate bathroom shall be
maintained for the owners of the single-family residence.
(g)
Each guest bedroom shall be equipped with a
smoke detector alarm installed and maintained in a functional condition
on or near the ceiling.
(h)
A bed-and-breakfast is permitted one sign, not
to exceed four square feet, identifying the name of the facility.
Illumination may be permitted, subject to the Village Board approval.
The Village Board shall take into consideration the proximity of adjoining
residences and potential night time disturbance. Said sign shall not
be illuminated between 10:00 p.m. and sunrise.
(i)
No parking space shall be located within the
front yard. Parking spaces shall be set back a minimum distance of
five feet from any side or rear lot line. A minimum of two spaces
shall be provided for the single-family dwelling, plus a minimum of
one off-street parking space shall be provided for each guest bedroom.
Each space shall measure not less than nine feet by 18 feet in size.
New parking areas required to meet these requirements shall consist
of gravel to limit the introduction of impervious surfaces. Decorative
gravel may be required where parking is visible from adjoining residences.
(j)
The Village Board shall consider the need for
landscaping to screen views from adjoining residences.
(k)
The dwelling shall not be altered in any manner
which would cause the premises to differ from its residential character,
nor shall any extensions or additions to the dwelling be made for
the purpose of renting such space for overnight accommodations. Accessory
buildings detached from the principal dwelling shall not be used for
the purpose of a bed-and-breakfast.
(l)
There shall be no more than one employee in
addition to the owners.
(m)
Each facility shall be operated and maintained
so as to preserve the character and integrity of the surrounding residential
neighborhood.
(n)
It shall be documented that adequate water supply
and sewage treatment capacity exists to handle additional demands
placed on the dwelling.
(o)
The Village Board, in considering each individual
application, may vary the requirements of this subsection and impose
reasonable conditions to protect the health, safety and welfare of
the occupants of said establishment and the surrounding neighborhood.
(p)
Each bed-and-breakfast shall be allowed certain
business activities, notwithstanding other codes and regulations.
A bed-and-breakfast shall be allowed to provide music and have other
public assembly events so long as such activities do not negatively
impact the quiet enjoyment of others living in the surrounding area.
The Village Board may limit these activities as it deems appropriate.
The decision concerning these activities by the Village Board is final,
and this entire provision may be rescinded at any time after proper
public notice.
[Added 4-18-2016 by L.L. No. 2-2016]
(q)
Each bed-and-breakfast may also serve alcohol
as long as it follows all rules and regulations of the New York State
Liquor Authority. If patrons of any bed-and-breakfast disturb the
neighborhood, this section may be rescinded after proper public notice.
[Added 4-18-2016 by L.L. No. 2-2016]
(4)
Approval. A special use permit to operate a bed-and-breakfast
shall be valid for one year from the date of issuance, subject to
continuing compliance with the conditions of the special use permit
and subject to continuing compliance with the New York State Uniform
Fire Prevention and Building Code.
(5)
Permit renewal. The applicant may renew the permit
for additional two-year time periods, subject to approval by the Village
Board and any fees applicable to the review of special use permit
applications. The Village Board shall notify the Building Inspector,
15 days prior to the meeting at which the renewal is being considered,
who shall provide a description, in writing, of any changes that have
occurred in the floor or site plan since the time the special use
permit was approved or last renewed, and a list of violations or complaints,
if applicable. The Village Board shall take the Building Inspector's
report into consideration when rendering a decision.
(6)
Enforcement. The Building Inspector shall be given
access to the premises for the purpose of making inspections as deemed
necessary from time to time to ensure compliance with these regulations
and with the New York State Uniform Fire Prevention and Building Code.
Such inspections shall be conducted in accordance with procedures
set forth in this chapter. Any facility operated in violation of this
chapter shall have its permit suspended on a first violation and revoked
for a second violation. No permit shall be reinstated until the owner
fully complies with the provisions of this chapter.
(7)
Registry. The Village Clerk shall maintain a record
of bed-and-breakfasts, including the name of the owner, the address,
phone number, the maximum occupancy of the establishment, and the
date of special use permit approval.
L.
Any permit for trailers allowed under Zoning Tables
Attachment 7 or 8 are renewable subject to:
[Added 8-11-2014 by L.L. No. 8-2014]
(1)
An inspection to be performed by the Building Inspector
finding that the structure is in good condition and conforms with
the codes of the Village of Haverstraw and the Building and Fire Code
of the State of New York; and
(2)
That the Building Inspector may require any repairs
or improvements as necessary to ensure that the structure is aesthetically
compatible with the surrounding neighborhood, does not present a blighting
influence, nor does the structure present a hazard to the public health,
safety or general welfare.
M.
Schools of general instruction.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote and protect the health,
safety and welfare of its citizens, the current Zoning Code shall
be amended to establish schools of general instruction as special
permit uses.
(3)
Bulk requirements. See the Table of Bulk Requirements for all requirements.[2]
(a)
In addition to the bulk standards listed in the Table of Bulk
Requirements, at least 2,500 square feet of lot area shall be provided
per enrolled pupil for the first 100 pupils, and 500 square feet shall
be provided for each enrolled pupil thereafter.
[2]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(4)
Design requirements.
(a)
The applicant shall obtain site development plan approval from
the Village Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(b)
The appearance of all structures shall be in scale and in conformity
with the character of the neighborhood within which it is to be located.
All structures shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic.
(c)
Usable open space. The school of general instruction shall include
at least one outdoor area of distinctive design, which purpose is
for recreation use by students, to create an area for gathering and/or
recreation for use by the students, staff, and faculty of such institution.
[1]
The usable open space shall be linked to an on-site pedestrian
walkway network.
[2]
Lighting. Outdoor lighting shall be limited to that necessary
for operational reasons, and shall be so designed as to not be incompatible
with surrounding land uses. The applicant shall provide a lighting
plan showing that exterior lighting will not be directly visible beyond
the boundaries of the property line to the maximum extent practicable.
Any lighting shall be directed away from adjoining streets and properties,
and shall be arranged as to reflect the light away from any adjoining
properties and abutting streets, highways and roads.
[3]
Utilities. All utilities shall be installed underground or within
buildings.
(d)
Landscaping. The applicant shall prepare and receive approval
for a landscaping plan addressing the following subjects:
[1]
All portions of the project site not used for impervious surfaces
shall be attractively landscaped or left in a natural condition.
[2]
Landscape buffer area. A minimum fifteen-foot-wide landscaped
area shall be provided along all property lines, excluding the front
line, and access points. The landscaping shall incorporate plantings,
berms, and such other elements as are necessary to screen the facility.
This buffer shall not be additive to required yards or setbacks.
[3]
Any required landscaped buffer area shall be densely planted
with a mixture of shrubs, trees not less than six feet high and/or
berms, which will create an opaque screen on a continuing basis through
all seasons. The Village Board may require that a fence be added as
necessary to effectuate the screening, but such a fence shall be located
interior to and not relieve the need for the buffer plantings.
[4]
All landscaped areas along property lines which are crossed
by access drives shall be planted with low shrubs no greater than
three feet high and trees with a branching habit which begins at least
eight feet above ground level.
[5]
Planting shall not interfere with the normal sight distance
needed for safe entering and exiting maneuvers by motor vehicles.
(e)
Parking and internal roadway requirements.
[2]
Structures shall provide the number of parking spaces required by the Bulk Tables included in Article III.
[3]
Where a parking structure is proposed, the Village Board shall
consider the effects of the proposed structure in terms of traffic
and environmental concerns, such as noise, air quality and headlight
glare, particularly the effects on any proximate residential properties,
and shall require landscaping, fencing or other measures to mitigate
any adverse effects. Parking structures shall only be incorporated
into a site plan to achieve the objectives of this chapter, including,
but not limited to, preservation of open space and reduction of building
coverage.
[4]
Parking lot landscaping. One shade tree designed to reach a
mature height of at least 20 feet shall be planted for every 12 parking
spaces.
(f)
Other traffic and transportation requirements.
[1]
Busing shall be made available to students in accordance with
the rules of the North Rockland School District.
[2]
Regulation of faculty and staff arrival and departure times
in both a.m. and p.m. hours, as necessary to maintain vehicle trips
in the a.m. and p.m. peak hours.
[4]
The entrance points for pedestrian/bicycle paths shall be signed
indicating the need for bicyclists to share the path and properly
yield to pedestrians that are present.
[5]
Implementation of a traffic circulation and parking plan, based
upon the size and traffic characteristics of the educational institution.
[a]
A transportation management plan shall be provided
prior to the issuance of a special permit, whereby the applicant will
provide the following information to the Village of Haverstraw on
an annual basis:
[i]
Bus circulation and traffic patterns expected to
be generated by the school of general instruction;
[ii]
Demonstration that bus circulation and traffic
patterns shall not cause cars or buses to queue on public or private
roads at peak hours;
[iii]
Student attendance policies;
[iv]
Faculty attendance policies and parking locations
and requirements;
[v]
Requirements for parental compliance with busing
and driving policies;
[vi]
Community residence of students and whether busing
is provided by home district, and for what grades;
[vii]
List of locations of bus dropoffs other than
campus and how students reach campus;
[viii]
List of exceptions to bus ridership and number
of students receiving exemption for each year;
[ix]
Number and size of buses transporting students
by grade;
[x]
Number of students riding buses by grade; and
[xi]
Number of student drivers authorized and any limitations
thereto.
[6]
All construction of internal roadway improvements shall be completed
prior to the issuance of any temporary or permanent certificate of
occupancy.
[7]
All on- and off-site traffic improvements required by the special
permit criteria for this use shall be undertaken at the applicant's
sole cost and expense.
[8]
Any increase in attendance of 3% or greater to the educational
institution shall require a review of the trip generation data and
trip distribution.
(g)
Health and safety considerations.
[1]
Water. Each applicant shall demonstrate that there is sufficient
water capacity for the project, and shall supply a potable water delivery
system capable of meeting both the domestic water and emergency firefighting
needs of the facility.
(h)
Signs. Signs shall be permitted for schools of general instruction in accordance with this chapter as well as in accordance with Chapter 184 of the Haverstraw Village Code. In addition to the requirements contained in this chapter and Chapter 184 of the Haverstraw Village Code:
[1]
A maximum of two on-premises signs per street frontage, identifying
the educational institution, shall be permitted. The signs can be
freestanding and/or attached to the principal structure.
[2]
The total combined area of educational institution signs shall
not exceed 48 square feet per street frontage for two-sided signs
perpendicular to the front lot line and 24 square feet per frontage
for two-sided signs parallel to the front lot line. Such signs shall
not individually exceed three feet in height and shall be set back
at least 10 feet from the edge of pavement and/or lot line.
[3]
Signs shall contain English language translation of any text
not in English.
(i)
Other conditions and safeguards. The Village Board shall attach
such other conditions and safeguards to the special permit as are
necessary for the protection of the health, safety and welfare of
the community, and to assure continual conformance with the intent
of this chapter.
(5)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any requirement
found in the Table of Bulk Requirements up to 3% by simple majority.
(6)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(7)
Grandfathering. The provisions of this section shall not apply to
any application for a school of general instruction which is, as of
the effective date hereof, the subject of a stipulation of settlement
or order of a court of competent jurisdiction.
(8)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the school of general instruction has not been the subject of
a Building Department violation in the preceding two years, an affidavit
of no change may be presented to the Building Inspector to allow for
renewals without the requirement of a further public hearing upon
the requested renewal. An affidavit of no change shall include a statement
granting permission for the inspection by the Building Inspector to
ensure compliance with the occupancy and safety requirements prior
to renewal of the special permit. After the first renewal, subsequent
renewals shall be required every five years. Affidavits of no change
may also be presented to the Building Inspector for subsequent renewals.
N.
Schools of special instruction.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote and protect the health,
safety and welfare of its citizens, the current Zoning Code shall
be amended to establish schools of special instruction as special
permit uses.
(3)
Bulk requirements. See the Table of Bulk Requirements for all requirements.[3]
[3]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(4)
Design requirements.
(a)
The applicant shall obtain site development plan approval from
the Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(b)
The appearance of all structures shall be in scale and in conformity
with the character of the neighborhood within which it is to be located.
All structures shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic.
(c)
Usable open space. The school of special instruction shall include
at least one outdoor area of distinctive design, which purpose is
for recreation use by students, to create an area for gathering and/or
recreation for use by the students, staff, and faculty of such institution.
[1]
The usable open space shall be linked to an on-site pedestrian
walkway network.
[2]
Lighting. Outdoor lighting shall be limited to that necessary
for operational reasons, and shall be so designed as to not be incompatible
with surrounding land uses. The applicant shall provide a lighting
plan showing that exterior lighting will not be directly visible beyond
the boundaries of the property line to the maximum extent practicable.
Any lighting shall be directed away from adjoining streets and properties,
and shall be arranged as to reflect the light away from any adjoining
properties and abutting streets, highways and roads.
[3]
Utilities. All utilities shall be installed underground or within
buildings.
(d)
Landscaping. The applicant shall prepare and receive approval
for a landscaping plan addressing the following subjects:
[1]
All portions of the project site not used for impervious surfaces
shall be attractively landscaped or left in a natural condition.
[2]
Landscape buffer area. A minimum fifteen-foot-wide landscaped
area shall be provided along all property lines, excluding the front
line, and access points. The landscaping shall incorporate plantings,
berms, and such other elements as are necessary to screen the facilities.
[3]
The landscaped area shall be densely planted with a mixture
of shrubs, trees and a fence, not less than six feet high and/or berms,
which will create an opaque screen.
[4]
All landscaped areas along property lines which are crossed
by access drives shall be planted with low shrubs no greater than
three feet high and trees with a branching habit which begins at least
eight feet above ground level.
[5]
Planting shall not interfere with the normal sight distance
needed for safe entering and exiting maneuvers by motor vehicles.
(e)
Parking and internal roadway requirements.
[2]
Structures shall provide the number of parking spaces required by the Bulk Tables included in Article III of the Village Zoning Code. The parking ratios described in Column F of each Bulk Table shall govern any application.
[3]
Where a parking structure is proposed, the Village Board shall
consider the effects of the proposed structure in terms of traffic
and environmental concerns, such as noise, air quality and headlight
glare, particularly the effects on any proximate residential properties,
and shall require landscaping, fencing or other measures to mitigate
any adverse effects. Parking structures shall only be incorporated
into a site plan to achieve the objectives of this chapter, including,
but not limited to, preservation of open space and reduction of building
coverage.
[4]
Parking lot landscaping. One shade tree designed to reach a
mature height of at least 20 feet shall be planted for every 12 parking
spaces.
(f)
Other traffic and transportation requirements.
[1]
Busing shall be made available to students in accordance with
the rules of the North Rockland School District.
[2]
Regulation of faculty and staff arrival and departure times
in both a.m. and p.m. hours, as necessary to maintain vehicle trips
in the a.m. and p.m. peak hours.
[4]
The entrance points for pedestrian/bicycle paths shall be signed
indicating the need for bicyclists to share the path and properly
yield to pedestrians that are present.
[5]
Implementation of a traffic circulation and parking plan, based
upon the size and traffic characteristics of the educational institution.
[a]
A transportation management plan shall be provided
prior to the issuance of a special permit, whereby the applicant shall
provide the following information to the Village of Haverstraw on
an annual basis:
[i]
Bus circulation and traffic patterns expected to
be generated by the school of special instruction;
[ii]
Demonstration that bus circulation and traffic
patterns shall not cause cars or buses to queue on public or private
roads at peak hours;
[iii]
Student attendance policies;
[iv]
Faculty attendance policies and parking locations
and requirements;
[v]
Requirements for parental compliance with busing
and driving policies;
[vi]
Community residence of students and whether busing
is provided by home district, and for what grades;
[vii]
List of locations of bus dropoffs other than
campus and how students reach campus;
[viii]
List of exceptions to bus ridership and number
of students receiving exemption for each year;
[ix]
Number and size of buses transporting students
by grade;
[x]
Number of students riding buses by grade; and
[xi]
Number of student drivers authorized and any limitations
thereto.
[6]
All construction of internal roadway improvements shall be completed
prior to the issuance of any temporary or permanent certificate of
occupancy.
[7]
All on- and off-site traffic improvements required by the special
permit criteria for this use shall be undertaken at the applicant's
sole cost and expense.
[8]
Any increase in attendance of 3% or greater to the educational
institution shall require a review of the trip generation data and
trip distribution.
(g)
Health and safety considerations.
[1]
Water. Each applicant shall demonstrate through empirical data
that there is sufficient water capacity for the project, and shall
supply a potable water delivery system capable of meeting both the
domestic water and emergency firefighting needs of the facility.
(h)
Signs. Signs shall be permitted for schools of special instruction in accordance with this chapter as well as in accordance with Chapter 184 of the Haverstraw Village Code. In addition to the requirements contained in this chapter and Chapter 184 of the Haverstraw Village Code:
[1]
A maximum of two on-premises signs per street frontage, identifying
the educational institution, shall be permitted. The signs can be
freestanding and/or attached to the principal structure.
[2]
The total combined area of educational institution signs shall
not exceed 48 square feet per street frontage and 24 square feet per
frontage for two-sided signs parallel to the front lot line. Such
signs shall not individually exceed three feet in height and shall
be set back at least 10 feet from the edge of pavement and any property
line.
[3]
Signs shall contain English language translation of any text
not in English.
(i)
Other conditions and safeguards. The Village Board shall attach
such other conditions and safeguards to the special permit as are
necessary for the protection of the health, safety and welfare of
the community, and to assure continual conformance with the intent
of this chapter.
(5)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any requirement
found in the Table of Bulk Requirements[4] up to 3% by simple majority.
[4]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(6)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(7)
Grandfathering. The provisions of this section shall not apply to
any application for a school of special instruction which is, as of
the effective date hereof, the subject of a stipulation of settlement
or order of a court of competent jurisdiction.
(8)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the school of special instruction has not been the subject of
a Building Department violation in the preceding two years, an affidavit
of no change may be presented to the Building Inspector to allow for
renewals without the requirement of a further public hearing upon
the requested renewal. An affidavit of no change shall include a statement
granting permission for the inspection by the Building Inspector to
ensure compliance with the occupancy and safety requirements prior
to renewal of the special permit. After the first renewal, subsequent
renewals shall be required every five years. Affidavits of no change
may also be presented to the Building Inspector for subsequent renewals.
O.
Accessory housing for schools of general or special instruction.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the Village
of Haverstraw's interest in protecting the health, safety and welfare
of its citizens, the current Zoning Code should be amended to establish
rules governing accessory housing to schools of general instruction
and schools of special instruction in certain districts in the Village
of Haverstraw in which schools of general or special instruction are
also special permit uses.
(2)
Required bulk standards. See the Table of Bulk Requirements for all
requirements.[5]
[5]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(3)
Requirements.
(a)
If the applicant seeks to include accessory housing as a part
of any application for a special permit for a school of general instruction,
then said applicant shall be subject to the design requirements for
schools of general instruction contained in this chapter, as well
as the requirements particularly relating to the below requirements
for accessory housing. If the applicant seeks to include accessory
housing as a part of any application for a special permit for a school
of special instruction, then said applicant shall be subject to the
design requirements for schools of special instruction contained in
this chapter, as well as the requirements particularly relating to
the below requirements for educational institution with accessory
housing.
(b)
The applicant shall obtain site development plan approval from
the Village Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(c)
General housing provisions.
[1]
Housing shall only be permitted as an accessory use to a school
of general or special instruction in zoning districts which permit
residential use.
[2]
The maximum density of accessory housing shall be determined
by dividing the least restrictive minimum lot area per residential
unit for the zoning district in which the accessory housing is proposed
by the total lot area of the parcel on which the school of general
or special instruction and accessory housing are to be developed.
In determining the least restrictive minimum lot area per residential
unit, accessory apartments, group homes, and convalescent and nursing
homes shall not be considered.
[a]
By way of example, in the R-3 Zone, multifamily
residences are permitted at densities up to 1,500 square feet per
efficiency unit. If a school of general or special instruction is
proposed on a five-acre (217,800 square feet) parcel, up to 145 efficiency
units could be constructed accessory to the school of general or special
instruction.
[b]
In any case in which the owner of contiguous parcels
applied to develop accessory housing, the owner could add the lot
area of the contiguous properties together before dividing by the
minimum lot area per residential unit for the zoning district. An
applicant shall not combine the lot area of noncontiguous parcels.
[c]
In any case where dividing the minimum lot area
by the least restrictive lot area per residential unit for the zoning
district results in a fraction, the additional fraction shall be rounded
down to determine the maximum permitted number of accessory housing
units.
[3]
Any application for schools of general instruction or schools
of special instruction with accessory housing shall comply with all
other requirements found in the Table of Bulk Requirements.[6]
[6]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
[4]
All accessory housing structures shall be in harmony with the
surrounding neighborhood and be of a similar design aesthetic. By
way of example, if only single-family homes are permitted in the zoning
district where the accessory housing is proposed, the exterior of
the accessory housing shall be in harmony with the single-family homes
in that zoning district.
[5]
In zones which allow for multifamily housing, accessory housing
shall consist of either dormitories and/or adult family student housing
as defined by this chapter.
[6]
The school of general or special instruction shall occupy at
least 35% of the land area of the project site.
[7]
There shall be no more housing units constructed as part of
any school of general or special instruction than is reasonably required
to accommodate the total number of full-time students and faculty.
[8]
Housing units shall only be occupied in accordance with the
limitations set forth in this section. The school of general or special
instruction shall provide annual reports to the Village Building Department
demonstrating compliance.
[9]
No housing unit shall be sold in fee simple or subdivided from
the school of general or special instruction use.
[10]
The duration of a student's residency shall not
exceed six years unless extended by the Village Board for good cause
at the time of application or upon written request. Good cause shall
include, but not be limited to, a longer period of full-time study
consistent with recognized educational or religious practice or belief.
[11]
Central refuse collection areas shall be located
for the convenience of all dwelling units. They shall be supplied
with an adequate number and type of covered receptacles and shall
be provided with proper screening and maintenance. Such areas shall
not be located in the required front yard.
(d)
Specific housing provisions.
[1]
Dormitories.
[a]
A dormitory shall be permitted only in habitable
floors of a structure as defined by the State Building Code.
[b]
A dormitory building shall comply with the bulk
standards set forth in this section.
[c]
Each dormitory constructed in association with
and as part of an educational institution shall be limited in occupancy
to full-time students or full-time staff. If a person ceases to be
eligible for occupancy, said person shall vacate the dormitory within
30 days.
[d]
FULL-TIME STAFF
[i]
[ii]
FULL-TIME STUDENTS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Teachers or professors of the educational institution who perform
no less than 15 hours per week of classroom instruction for said educational
institution; or
Any other employee of the educational institution who performs
no less than 30 hours per week of work for said educational institution,
including, but not limited to, office work, administration, and classroom
instruction.
Students who are enrolled for no less than 15 hours of instruction
per week.
[2]
Adult family student housing.
[a]
Adult students and faculty shall be full time,
and the duration of residency shall be limited to the period of full-time
study or teaching. If a person ceases to be eligible for occupancy,
said person and family shall vacate his/her dwelling unit within 30
days.
[b]
Town homes, attached homes and any multifamily
residence building shall comply with the required bulk standards found
in the Table of Bulk Requirements.[7]
[7]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
[c]
The residential units shall not be occupied by
anyone other than adult students, adult faculty members, spouses or
spousal equivalents of the adult faculty or adult students, and dependents
of the adult students or adult faculty.
[d]
Occupancy of each residential unit shall be in
accordance with all applicable state laws, rules and regulations,
including, but not limited to, the Property Maintenance Code of New
York State as set forth in 19 NYCRR Part 1226, as may be amended from
time to time.
(4)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any bulk provision
herein up to 3% by simple majority.
(5)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(6)
Grandfathering. The provisions of this section shall not apply to
any accessory housing which is, as of the effective date hereof, the
subject of a stipulation of settlement or order of a court of competent
jurisdiction.
(7)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the accessory housing has not been the subject of a Building
Department violation in the preceding two years, an affidavit of no
change may be presented to the Building Inspector to allow for renewals
without the requirement of a further public hearing upon the requested
renewal. An affidavit of no change shall include a statement granting
permission for the inspection by the Building Inspector to ensure
compliance with the occupancy and safety requirements prior to renewal
of the special permit. After the first renewal, subsequent renewals
shall be required every five years. Affidavits of no change may also
be presented to the Building Inspector for subsequent renewals.
P.
Places of worship.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the Village
of Haverstraw's interest in protecting the health, safety and welfare
of its citizens, the current Zoning Code should be amended to establish
places of worship as special uses in any district in the Village of
Haverstraw.
(3)
Required bulk standards. See the Table of Bulk Requirements for all
requirements.[8]
[8]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(4)
Design requirements.
(a)
The applicant shall obtain site development plan approval from
the Village Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(b)
No parking or loading shall be permitted between the structure
and any street line on which the property fronts, although a dropoff
or porte cochere shall be permitted in the front yard. All loading
and delivery areas shall be located in the rear yard and shall be
effectively screened to a height to eight feet from all adjacent residential
properties and the public street.
(c)
Landscape buffer area. A minimum ten-foot-wide landscaped area
shall be provided along all property lines, excluding the front line,
and access points. The landscaping shall incorporate plantings, berms,
and such other elements as are necessary to screen the facilities.
(d)
All outdoor lighting shall be shielded in a manner to direct
lighting away from adjacent properties and the public street. Exterior
lighting on the site shall be limited to the minimum requirements
by code for safety.
(e)
All structures shall be in harmony with the surrounding neighborhood,
and be of a similar design aesthetic.
(f)
For places of worship, the principal use shall be the holding
of regularly scheduled religious services. Accessory facilities and
functions such as religious schools, social halls, administrative
offices and indoor recreation facilities may be provided, provided
such facilities and functions shall be subordinate in aggregate to
the size and function of the place of worship. No building permit
or certificate of occupancy shall be granted to such accessory use,
building or structure until the building permit and certificate of
occupancy for the principal use or building, respectively, have been
granted.
(g)
Places of worship may allow community groups, neighborhood groups,
or non-profit groups to hold meetings no more than once per month,
unless otherwise prior approval is obtained from the Village Building
Department.
(h)
No social function may be held between the hours of 9:00 p.m.
and 8:00 a.m. on weekdays or between 10:00 p.m. and 9:00 a.m. on weekends
or holidays. No space within the place of worship shall be rented
out to or utilized by the general public or members of the place of
worship for social gatherings, meetings or functions, which are not
directly associated with the place of worship.
(i)
Where wedding receptions or other social functions are held
at the place of worship, attendance shall be limited to the capacity
of the place of worship, as well as the available on-site parking.
(j)
One freestanding monument sign, no greater than 24 square feet
in size and no higher than three feet, shall be permitted. Such sign
shall be set back at least 10 feet from all property lines and drive
aisles. Such sign shall match the architectural style of the principal
building and shall not be internally lit. In addition, one facade
or wall sign, no more than 21 square feet in size, shall be permitted
on the front of the principal building. Signs shall contain English
language translation of any text not in English.
(k)
Use of any outdoor areas of the property shall be limited to
parking and passive recreational use only, which may include a small
jungle gym for children, benches, and picnic tables.
(l)
A Parking Management Plan (PMP) shall be submitted for approval
by the Village Board and Building Inspector as part of the building
permit pursuant to the requirements set forth below. The PMP shall
be used to address parking demand during holy days for the particular
religion making the application. Such PMP shall be provided to the
Haverstraw Police Department and shall address, but not be limited
to, the following:
[1]
Designated off-site parking areas. At least 45 days prior to
the holiday, the applicant shall submit to the Building Department
a fully executed written agreement between the applicant and one or
more providers of off-site parking;
[2]
Implementation of group travel to and from the off-site parking
locations by use of shuttle buses;
[3]
Use traffic control measures such as the hiring of an off-duty
police officer and/or volunteers to facilitate pedestrian flow, as
well as on-site and off-site traffic;
[4]
Notification processes to notify patrons of the place of worship
and others regarding the locations of off-site parking areas to be
used;
[5]
Pre-event registration to obtain a ticket before the holiday
to use the on- or off-site parking facilities; and
[6]
In the event that off-site parking areas are not available to
accommodate the full capacity of the place of worship, methods to
limit the number of event attendees to the number of attendees that
can be accommodated in the on-site parking area or at any available
off-site locations by utilization of a pre-event registration system
and distribution of tickets to registered persons that will be submitted
upon arrival at the site on the day of the event.
(5)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any bulk provision
herein up to 3% by simple majority.
(6)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(7)
Grandfathering. The provisions of this section shall not apply to
any application for a place of worship which is, as of the effective
date hereof, the subject of a stipulation of settlement or order of
a court of competent jurisdiction.
(8)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the place of worship has not been the subject of a Building
Department violation in the preceding two years, an affidavit of no
change may be presented to the Building Inspector to allow for renewals
without the requirement of a further public hearing upon the requested
renewal. An affidavit of no change shall include a statement granting
permission for the inspection by the Building Inspector to ensure
compliance with the occupancy and safety requirements prior to renewal
of the special permit. After the first renewal, subsequent renewals
shall be required every five years. Affidavits of no change may also
be presented to the Building Inspector for subsequent renewals.
Q.
Accessory housing for places of worship.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the Village
of Haverstraw's interest in protecting the health, safety and welfare
of its citizens, the current Zoning Code should be amended to establish
rules governing accessory housing for places of worship in certain
districts in the Village of Haverstraw in which places of worship
are also special permit uses.
(2)
Required bulk standards. See the Table of Bulk Requirements for all
requirements.[9]
[9]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(3)
Requirements.
(a)
If the applicant seeks to include accessory housing as a part
of any application for a special permit for a place of worship, then
the applicant shall be subject to the design requirements for places
of worship contained in this chapter, as well as the requirements
particularly relating to the below requirements for accessory housing.
(b)
The applicant shall obtain site development plan approval from
the Village Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(c)
General housing provisions.
[1]
Housing shall only be permitted as an accessory use to a place
of worship.
[2]
The maximum density of accessory housing shall be determined
by dividing the minimum lot area per residential unit for the use
group by the total lot area of the parcel on which accessory housing
is to be developed.
[a]
By way of example, in the R-1 Zone, places of worship
are considered a part of Use Group D. In Use Group D, the minimum
lot area is 10,000 square feet. If an applicant sought to develop
accessory housing to a place of worship on a twenty-thousand-square-foot
lot, then the applicant could develop a maximum of two residential
units (20,000 square feet ÷ 10,000 square feet minimum lot
area = two accessory housing units).
[b]
In any case in which the owner of contiguous parcels
applied to develop accessory housing, the owner could add the lot
area of the contiguous properties together before dividing by the
minimum lot area per residential unit for the use group. For example,
if an applicant owned two contiguous parcels in an R-1 zone, each
of which was 10,000 square feet, then the applicant could develop
a maximum of two residential units (10,000 square feet + 10,000 square
feet = 20,000 square feet. 20,000 square feet ÷ 10,000 square
feet minimum lot area = two accessory housing units). An applicant
cannot combine the lot area of noncontiguous parcels.
[c]
In any case where dividing the minimum lot area
by the lot area per residential unit for the use group resulted in
a fraction, the additional fraction shall be rounded down to determine
the maximum permitted number of accessory housing units. For example,
if an applicant sought to develop accessory housing to a place of
worship on a twenty-five-thousand-square-foot lot in the R-1 Zone,
then the applicant could develop a maximum of two residential units
(25,000 square feet ÷ 10,000 square feet minimum lot area =
2.5 accessory housing units; round down 2.5 to two accessory housing
units).
[3]
Any application for a place of worship with accessory housing
shall comply with all other requirements found in the Table of Bulk
Requirements.[10]
[10]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
[4]
Any structure shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic. By way of example, if only single-family
homes are permitted in the zoning district where the accessory housing
is proposed, the exterior of the accessory housing shall be in harmony
with the single-family homes in that zoning district.
[5]
The place of worship shall occupy at least 35% of the land area
of the project site.
[6]
Accessory housing shall only be occupied by clergy and their
direct family.
[7]
Housing units shall only be occupied in accordance with the
limitations set forth in this section. The place of worship shall
provide annual reports to the Village Building Department demonstrating
compliance.
[8]
No housing unit shall be sold in fee simple or subdivided from
the place of worship use.
[9]
Central refuse collection areas shall be located for the convenience
of all dwelling units. They shall be supplied with an adequate number
and type of covered receptacles and shall be provided with proper
screening and maintenance. Such areas shall not be located in the
required front yard.
(4)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any bulk provision
herein up to 3% by simple majority.
(5)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(6)
Grandfathering. The provisions of this section shall not apply to
any application for a place of general assembly which is, as of the
effective date hereof, the subject of a stipulation of settlement
or order of a court of competent jurisdiction.
(7)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the accessory housing has not been the subject of a Building
Department violation in the preceding two years, an affidavit of no
change may be presented to the Building Inspector to allow for renewals
without the requirement of a further public hearing upon the requested
renewal. An affidavit of no change shall include a statement granting
permission for the inspection by the Building Inspector to ensure
compliance with the occupancy and safety requirements prior to renewal
of the special permit. After the first renewal, subsequent renewals
shall be required every five years. Affidavits of no change may also
be presented to the Building Inspector for subsequent renewals.
R.
Places of general assembly.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that in order to promote individual constitutional
rights, freedom of assembly and the Village of Haverstraw's interest
in protecting the health, safety and welfare of its citizens, the
current Zoning Code should be amended to establish places of general
assembly as special uses in any district in the Village of Haverstraw.
(3)
Required bulk standards. See the Table of Bulk Requirements for all
requirements.[11]
[11]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(4)
Requirements.
(a)
The applicant shall obtain site development plan approval from
the Village Board of Trustees. Prior to decision by the Board of Trustees,
the Board of Trustees shall refer any site development plan to the
Planning Board. All applications for site plan approval shall be referred
by the Board of Trustees, after a determination that the application
is complete, to the Planning Board of the Village for its review and
advisory report to the Board of Trustees. Within 62 days after the
date of the referral to it, the Planning Board shall submit its report
to the Board of Trustees, which may recommend modifications to the
site plan and/or conditions of approval of either. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval within the sixty-two-day review period. Notwithstanding
anything to the contrary in this section, the failure of the Planning
Board to submit its report to the Board of Trustees within the sixty-two-day
review period shall not preclude the Board of Trustees from rendering
its decision on the referred application.
(b)
The appearance of all structures shall be in scale and in conformity
with the character of the neighborhood within which it is to be located.
All structures shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic.
(c)
No accessory buildings or structures shall be permitted in the
front yard nor used for public assembly.
(d)
No parking or loading shall be permitted in the front yard,
although a dropoff or porte cochere shall be permitted in the front
yard. All parking and loading areas and vehicular driveways shall
be set back from side and rear property lines by a minimum of 10 feet.
All parking and loading areas shall be paved with a hard, durable,
dustless surface and shall be curbed. Parking spaces shall meet the
minimum dimensional requirements of the Village of Haverstraw. Parking
shall be confined to designated parking spaces only. All parking areas
shall be landscaped with a minimum of one tree per 12 parking spaces.
(e)
Any structure shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic.
(f)
Landscape buffer area. At minimum, a ten-foot-wide landscaped
area shall be provided along all property lines, excluding the front
line, and access points. The landscaping shall incorporate plantings,
berms, and such other elements as are necessary to screen the facilities.
(g)
No public assembly may be held between the hours of 9:00 p.m.
and 8:00 a.m. on weekdays or between 10:00 p.m. and 9:00 a.m. on weekends
or holidays.
(h)
Overnight accommodations shall not be provided at places of
general assembly.
(i)
No outdoor activity associated with the place of general assembly
shall be permitted other than off-street parking.
(j)
No outdoor music or public address system shall be provided.
(k)
A private kitchen accessory to the principal use shall be permitted,
provided that such food or drink is served in a dining area. If food
or drink is served on the grounds of the public assembly use, such
service shall be limited to the hours of 9:00 a.m. to 8:00 p.m., except
that on Friday and Saturday nights and those preceding public holidays
such time shall be 9:00 p.m.
(l)
In the future, if wedding receptions are held at the place of
general assembly, attendance shall be limited to the capacity of the
place of general assembly as well as the available on-site parking.
Such receptions would generally occur no more than once per month.
(m)
No social services shall be administered directly to the public
from the place of general assembly or accessory facilities, nor shall
overnight stays be permitted on the premises.
(n)
Use of any outdoor areas of the property will be limited to
parking and passive recreational use only, which may include play
equipment for children, benches, and picnic tables.
(o)
In the event that off-site parking areas are not available to
accommodate the full capacity of the places of general assembly, methods
to limit the number of event attendees to the number of attendees
that can be accommodated in the on-site parking area or at any available
off-site locations by utilization of a pre-event registration system
and distribution of tickets to registered persons that will be submitted
upon arrival at the site on the day of the event.
(5)
Waiver. The Village Board shall have the authority, consistent with
the purposes of this chapter and upon a finding that the waiver shall
not result in danger to the health, safety and general welfare of
the community, neighborhood or area residents, to waive any bulk provision
herein up to 3% by simple majority.
(6)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
(7)
Grandfathering. The provisions of this section shall not apply to
any application for a place of general assembly which is, as of the
effective date hereof, the subject of a stipulation of settlement
or order of a court of competent jurisdiction.
(8)
Renewal. After the initial issuance of a special permit under this
section, the special permit use shall remain in effect for two years
and must be renewed upon expiration, or it shall be deemed expired.
Where the place of general assembly has not been the subject of a
Building Department violation in the preceding two years, an affidavit
of no change may be presented to the Building Inspector to allow for
renewals without the requirement of a further public hearing upon
the requested renewal. An affidavit of no change shall include a statement
granting permission for the inspection by the Building Inspector to
ensure compliance with the occupancy and safety requirements prior
to renewal of the special permit. After the first renewal, subsequent
renewals shall be required every five years. Affidavits of no change
may also be presented to the Building Inspector for subsequent renewals.
S.
Residential places of worship.
[Added 10-2-2017 by L.L.
No. 5-2017]
(1)
Legislative intent. The Village Board of the Village of Haverstraw
finds and determines that the interpretation and application of the
current zoning law is difficult as it relates to residences that are
used as places of worship within the Village of Haverstraw. In order
to promote individual constitutional rights to freedom of religion,
freedom of assembly and the Village of Haverstraw's interest in protecting
the health, safety and welfare of its citizens, the Village Board
has determined that the current Zoning Code should be amended to establish
residential places of worship in any residential district in the Village
of Haverstraw.
(2)
RESIDENTIAL PLACE OF WORSHIP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A dedicated building, or any part thereof, where a group
of more than six people assemble in a congregation to perform acts
of religious praise, honor or devotion with a frequency of at least
three times per calendar year. It also includes places where religious
instructions, ceremonies, and associated activities of faith are carried
out.
(3)
Regulations and application.
(a)
For the establishment of any residential place of worship that exceeds 1,400 square feet, an applicant shall obtain special permit and site approval as set in § 245-14P. For the establishment of any residential place of worship that is 1,400 square feet or less, an applicant shall apply for special permit and site review pursuant to this section of the Code.
(b)
The floor area per person for a residential place of worship
shall be calculated as 100 square feet per person.
(c)
In addition to off-street parking required for the residence,
additional off-street parking for any residential place of worship
shall be provided at the rate of one parking space for every 150 square
feet of the residential place of worship. The applicant may count
spaces available in driveways within 300 feet of the gathering site,
provided letters of authorization for these spaces are provided to
the Planning Board and permission to utilize such spaces is not withdrawn.
(d)
Any single-family residence containing a residential place of
worship shall comply with the area requirements applicable to a single-family
residence in the district in which such building or structure is situated.
The inclusion of a residential place of worship within the structure
of an existing residence that is nonconforming with the area and bulk
table requirements of the district in which such residence is situated
shall not be deemed an intensification of any such dimensional nonconformity,
provided that the size of such residential place of worship does not
exceed the ratio of the lot on which the residential place of worship
is located to the square footage required for a lot in that zoning
district applied to the maximum size of 1,400 square feet. By means
of example, if a lot of 10,000 square feet is located in a district
providing for a minimum of lot of 30,000 square feet requirement the
square footage of the residential place of worship cannot exceed 1/3
of the 1,400 square feet.
(e)
The Planning Board shall require the minimum effective lighting
to permit safe operations although the maximum permitted lighting
level shall be 0.1 footcandle at the property line.
(f)
At least one member of the clergy or congregation shall reside
on site.
(g)
An application for a special permit and site approval of a residential
place of worship as defined by this Code shall be submitted to the
Village Board. The application shall include a standard request for
issuance of a building permit, together with a proposed plan for the
use and development of the site by the applicant. The plan shall include,
among other items, details regarding water, sewage, parking, traffic,
driveway, fire and emergency, design aesthetics, buffering for neighbors,
and drainage.
(h)
The Building Inspector shall review the application and refer
any complete application to the Village Board within 60 days of its
submission to the Village Board.
(i)
The Village Board shall review all residential place of worship applications on an expedited basis as described below in Subsection S(3)(j) and (1). Issues regarding water, sewage, and drainage shall be reviewed by the Village Building Department to determine if proper engineering standards have been met, prior to review by the Village Board. Issues regarding parking, traffic, access, fire and emergency, and buffering from neighbors shall be reviewed by the Village Board.
(j)
Within 20 days of submission of an application to the Village
Board, the Building Inspector shall provide written notification to
the applicant that the application has been received and that either
the application is complete, or a certain aspect or aspects of the
application are incomplete, along with a list of the specific items
necessary to make the application complete.
(k)
The Village Board shall render a decision on an application
for a residential place of worship within 62 days of the Village Board's
receiving referral of the application from the Building Inspector.
Should the Village Board fail to approve the application for a residential
place of worship within 62 days of the Village Board's receipt of
the application from the Building Inspector, the applicant shall be
entitled to seek all appropriate judicial relief.
(l)
Within 20 days of a favorable Village Board decision and the
applicant's compliance with all conditions in any Village Board resolution,
the Building Inspector shall issue a building permit to the applicant.
(m)
Should the Village Board determine an application for a residential
place of worship to be deficient for any reason, the Village Board
shall provide written notification to the applicant of the basis for
the deficiency.
(n)
The special permit use shall remain in effect for two years
and must be renewed upon expiration or it shall be deemed expired.
Where the residential place of worship has not been the subject of
a Building Department violation in the preceding two years, an affidavit
of no change may be presented to the Building Inspector to allow for
renewals without the requirement of a further public hearing upon
the requested renewal. An affidavit of no change shall include a statement
granting permission for the inspection by the Building Inspector to
ensure compliance with the occupancy and safety requirements prior
to renewal of the special permit.
(o)
Any residential place of worship that exists prior to the enactment
of this section shall be given 180 days to submit necessary documentation
for approval consistent with the requirements herein.
T.
Corridor-retrofit mixed-use or commercial buildings.
[Added 7-19-2021 by L.L.
No. 4-2021]
(1)
Legislative intent. This special permit use is intended to allow
flexibility in zoning in order to implement the recommendations of
the Village of Haverstraw Comprehensive Plan with regard to land use
Area 4 — Route 9W North. The Plan calls for the corridor to
be expanded and beautified with larger floor-plate infill development,
including first-floor nonresidential components such as retail, markets
or convenience marts, office spaces and other commercial uses, and
up to two floors of residential apartments above. Site design guidelines
are prescribed to improve the pedestrian-friendliness of the area
and promote a building-forward, visually interesting environment.
Other recommendations are controlling the number of curb cuts permitted
per development and shared access; landscaping the verge between Route
9W and development, particularly by introducing street trees; and
requiring sidewalks.
(2)
The Village Board may authorize the construction of corridor-retrofit
mixed-use or commercial buildings, which are generally larger, may
contain residential multifamily uses, have relaxed parking standards
and are subjected to reduced yard standards as compared to other uses
authorized in the HB District, where the Board finds that the proposal
substantially adheres to requirements of this section.
(3)
Eligibility requirements:
(a)
The lot has direct access to Route 9W north of Gurnee Avenue.
(b)
The lot has at least 200 feet of public street frontage and
at least 60,000 square feet of lot area.
(c)
A lot with less than the required width and lot area may be eligible where it directly abuts a lot containing a corridor-retrofit pedestrian-friendly mixed-use building or a lot that the Village Board finds that it adheres to design criteria contained in Subsection T(6) and T(3)(b), and where the Village Board finds that by reason of such adjacency, the design concepts illustrated in Zoning Attachment A may be reasonably and effectively extended onto the subject lot from the adjacent lot.
(4)
Uses permitted.
(a)
The first or ground floor of the structure may be divided into
one or more tenancies, each of which may be used for:
[1]
Any nonresidential use permitted by right or special permit
in the HB district except for:
[a]
Wholesaling, warehousing and distribution businesses.
[b]
Automotive and machinery repair or sales.
[c]
Automotive body repair and/or restoration and/or
paint shops.
[d]
Automotive service/gas stations.
[e]
Adult entertainment uses.
[f]
Poultry or animal market or slaughterhouse.
[g]
Places of general assembly.
[2]
Parking not within substantial view from a public right-of-way.
(b)
Floors above the first floor may be used for:
[1]
Business, governmental, professional and/or medical offices.
[2]
Multifamily residences subject to the following:
[a]
The permitted residential density shall be equal
to 20 units per acre.
[b]
In order to avoid significant impacts to the school
district and in recognition of the general lack of recreational space
in the vicinity of Route 9W, no unit shall have more than two bedrooms
and no more than 25% shall have two bedrooms.
(6)
Design criteria.
(a)
Residential buffer. A fifty-foot buffer shall be provided along
any lot line abutting a residential zoning district. Such buffer shall
not be cleared of existing healthy vegetation and shall be supplemented
as appropriate to provide a naturally wooded appearance. The Planning
Board may permit a reduction in the buffer requirement to no less
than 25 feet in depth for no more than 20% of the buffer length, where
the buffer approaches property corners with internal angles of greater
than 180° and where the buffer is not decreased to less than 70
feet as measured from any residential dwelling located in the adjacent
residential zoning district. The Planning Board shall require conservation
easements to the satisfaction of the Planning Board Attorney as adequate
to provide for the ongoing maintenance of landscape buffers on a continuing
basis and restricting use thereof to passive enjoyment.
(b)
Build-to line. Build-to lines have been established parallel
to the curbline of Route 9W as shown in Attachment A.[12] These build-to lines are located at a distance of 35 feet
from the curblines north and south of the roadway.
[1]
The front facade of any building constructed on the lot shall
be constructed generally parallel to and ideally on the build-to line.
The front facade may not be offset farther or closer to the curbline
from the build line by more than 10 feet.
[2]
Bays and courts in the front facade are permitted to be setback
farther than the build-to line, but shall not be setback farther than
their width and shall not encompass more than 40% of the length of
the front facade. Bays and/or courts with a depth of at least 30 feet
shall be provided where the front facade is longer than 200 feet.
Any bays or courts along the front of buildings shall be open to the
public or used for outdoor dining.
[3]
No parking stall, primary or accessory structure other than
a monument sign or landscape wall may be located between the build-to
line and the street.
[4]
The area between the build to line and the Route 9W sidewalk
shall be maintained as a high-quality landscaped space with lawn areas,
flowers, shrubs, and trees satisfactory to the Village Board upon
recommendation by the ARB.
[5]
Subject to approval or consent by NYS Department of Transportation,
a minimum of one decorative street tree shall be located within the
area between the build-to line and the curb per 50 feet of frontage
but such trees shall be located and a species and cultivar selected
that will not impede vehicular sight distance nor screen signage for
commercial uses in the ground story of the buildings.
[6]
A secondary sidewalk or path shall be provided along the front
facade or along the build-to line, whichever is closer to the curbline,
providing access to commercial tenancies on the ground floor. Such
secondary sidewalks shall extend along the build-to line and/or front
facade for the full width of the lot and terminate at the lot line
so that it may be extended in the future, should adjacent lots pursue
development under these special permit provisions. The Planning Board
may allow the internal sidewalk to be returned to the Route 9W sidewalk
rather than continued to the side lot line, where it believes the
adjacent use is not likely to be redeveloped under these special permit
provisions. In such a case the Planning Board shall require a reserve
strip of land allowing for future sidewalk extension to the lot line
at the build-to line in the event that the neighboring parcel pursues
redevelopment under the provisions of this special permit.
[12]
Editor's Note: Said attachment is on file in the Village offices.
(c)
All parking areas shall be capped by landscape islands containing
shade trees. One shade tree shall be provided per 20 parking spaces.
(d)
All ground floor tenants will provide ADA-compliant entrances
from the front facade of the lot as well as the rear facade where
nonresidential parking is provided to the rear of the building.
(e)
There shall be no less than 100 square feet of nonresidential
floor area per residential unit.
(f)
Up to 80% of ground floor space may be used for garage or sheltered
under building parking. Any such parking located within the building
footprint shall not be visible from Route 9W, and adequate pedestrian
walkways and entrances will be provided to allow for access to rear
entrances of commercial tenancies.
(7)
Parking and access.
(a)
The minimum off-street parking requirement shall be the sum
of the following:
[1]
One parking space for every 250 square feet of nonresidential
floor area.
[2]
One parking space for each efficiency unit proposed.
[3]
One and one-half parking space for each one-bedroom unit proposed.
[4]
Two parking spaces for each two-bedroom unit proposed.
[5]
For structures on lots proposing fewer than 50 off-street parking
spaces, an additional 1/4 "visitor" parking space shall be provided
for each residential unit proposed.
(b)
All or a portion of the required off-street parking may be provided
off site, subject to the following:
[1]
The parking is located within 500 feet from the proposed structure.
[2]
The full nonresidential parking requirement is provided on site.
[3]
Any required "visitor" parking spaces are provided on site.
[4]
A time limited "dropoff" parking space (to no more than 30 minutes)
is provided for every 10 spaces or fraction thereof located off site,
and such space shall not count toward meeting the minimum off-street
parking requirement.
[5]
The off-street parking spaces are not already counted toward
meeting the off-street parking requirement for the lot they are located
or any other area lot.
[6]
An irrevocable agreement is provided to allow use of the parking
spaces on the off-site lot for a term of no less than 30 years.
(c)
Unreserved parking meeting the nonresidential parking requirement
shall be located closest to the building.
(d)
No more than one parking space per residential unit may be reserved
as "assigned parking" not available for use by the public and no more
than 75% of proposed parking shall be so designated.
(e)
Easements shall be provided in favor of the Village allowing
rights of access and use of on-site parking areas. Additionally, easements
shall contain provisions that allow for use by the tenants and owners
of adjoining lots located within the HB zoning district in the event
that reciprocal access and parking rights are provided by the adjoining
lot. Assigned residential parking may be exempted from these easements.
(f)
Parking aisles shall be designed to continue onto adjacent lots
in the event that adjoining lots seek to redevelop as corridor-retrofit
buildings. Driveways or drive aisles shall be provided up to the property
line at points that allow for the practical extension of access onto
the adjoining lot. The Planning Board may allow the driveway or drive
aisle access to be provided in the form of a reserve strip of land
allowing for extension to the lot line in the event that the neighboring
parcel pursues redevelopment under the provisions of this special
permit. In such a case, a security shall also be provided for 150%
of the cost of such an extension, and the Planning Board shall be
authorized to utilize the security and construct the driveway in the
event that the adjoining lot is approved for development under the
provisions of this special permit.
(g)
Where a corridor-retrofit building is proposed on a lot adjacent
to a lot also containing an existing corridor-retrofit building, it
need not provide separate curb cut access from Route 9W in the event
that testimony is provided by a qualified traffic professional that
added utilization of the existing two-way curb cut access will not
result in safety or significant congestion impacts.
U.
Adult-use
cannabis retail dispensary.
[Added 12-19-2022 by L.L. No. 5-2022]
(1)
Legislative
intent. The Village Board finds that the on-site consumption of cannabis
in commercial establishments is not appropriate anywhere within the
Village and retail sale of cannabis allowed pursuant to the Marihuana
Regulation and Taxation Act of 2020 is only appropriate in certain
areas of the Village, and only subject to certain controls regarding
safety and lighting. Further the Board finds that an abundance of
such uses located in close proximity to each other or in close proximity
to shops selling paraphernalia associated with cannabis may have a
deleterious effect on the character and reputation of the community.
(2)
Regulations
and application.
(a)
There shall be no on-site consumption of cannabis within the building,
or in outdoor areas including the parking lot. Discrete signage shall
be placed next to the entry of the facility and within the facility
notifying consumers of the limitation.
(b)
The Planning Board shall ensure that the site is designed so that
there is a clear entrance into the facility visible from the parking
area and the street. An opaque fence shall be provided around the
entirety of the site. Working areas of the site and areas of the site
not generally visible from the street that are not intended to be
accessible by the general public shall be further secured from public
access by a chain-link or opaque fence to avoid loitering or on-site
consumption in obscured areas. Additionally, there shall be no outdoor
benches, seats or congregating areas available to the public located
on the same lot.
(c)
The parking area and entrance shall be well lit during operational
hours and for up to 1/2 hour following facility closure. The area
within 25 feet of the facility entrance shall be lit to an average
of three horizontal footcandles, with a minimum footcandle of 0.75.
Parking areas beyond 25 feet of the facility entrance shall be lit
to an average of 1.5 with a minimum of 0.5 footcandles. Average horizontal
lighting levels at the property line or beyond the property line shall
not exceed 0.1 footcandles. Maximum to minimum uniformity shall not
exceed 10:1 for all artificially lit site areas. All lighting shall
be from full-cutoff night-sky friendly fixtures with a color temperature
not to exceed 3000K.
(d)
The entrance of the facility shall not be located closer than 1,000
feet from an existing adult-use cannabis dispensary.
(e)
The facility shall not be located on the same lot or within a shopping
center containing a facility licensed for the sale of alcohol, nor
containing an outdoor dining area.
V.
Cannabis
and tobacco paraphernalia shop.
[Added 12-19-2022 by L.L. No. 5-2022]
(1)
Legislative
intent. The Village Board finds that an abundance of retail uses for
the sale of cannabis and/or tobacco or paraphernalia intended to support
the smoking or use of such products located in close proximity to
each other may have a deleterious effect on the character and reputation
of the community.
(2)
Regulations
and application. No entrance into a cannabis and tobacco paraphernalia
shop shall be permitted within 1,000 feet of the entrance to an adult-use
cannabis retail dispensary or within 1,000 feet of the entrance of
an existing cannabis and tobacco paraphernalia shop.
The uses which are listed in this section are
prohibited in the Village:
A.
Manufacturing uses involving primary production of
the following products from raw materials.
(1)
Asphalt, cement, charcoal and/or fuel briquettes.
(2)
Chemicals: aniline dyes, ammonia, carbide, caustic
soda, cellulose, chlorine, carbon black and bone black, creosote,
hydrogen and oxygen, industrial alcohol, nitrates (manufactured and
natural) of an explosive nature; potash, plastic materials and synthetic
resins, pyroxylin, rayon yarn and/or hydrochloric, nitric, phosphoric,
picric or sulfuric acids.
(3)
Coal, coke and tar products, including but not limited
to gas manufacturing; explosives; fertilizers; and animal gelatin,
glue and/or size.
(4)
Linoleum and oilcloth; matches; paints, varnishes
and/or turpentine.
(5)
Rubber (natural or synthetic); soaps, including fat
rendering; starch.
B.
The following processes: nitrating of cotton or other
materials; milling or processing of flour, feed or grain; magnesium
foundry; reduction, refining, smelting and/or alloying of metal or
metal ores; refining secondary aluminum; refining petroleum products,
such as gasoline, kerosene, naphtha and/or lubricating oil; distillation
of wood or bones; reduction and processing of wood pulp and/or fiber,
including all types of paper mill operations.
C.
Operations involving stockyards and/or slaughterhouses,
grain elevators, slag piles and/or the keeping, breeding and raising
of livestock for commercial purposes.
D.
The storage of explosives, except under license from
the State of New York and in a manner and place conforming to the
laws of the State of New York and the American Table of Distances,
and provided that no more than 50,000 pounds be stored in any one
magazine.
E.
Bulk or wholesale storage of gasoline aboveground.
F.
Junkyards for the storage of junk cars and other metal,
paper, wood or material of any nature.
G.
Dumps and incineration of waste materials except at
sites owned and operated by the Village as a principal use.
H.
Any other use, whether specified above or not, that
is of such a nature as to be detrimental to neighboring properties
by reason of emission of odor, dust, refuse matter, garbage smoke,
vibration, gas, noise or any other factor that is dangerous to the
comfort, peace, enjoyment, health or safety of the area or the community.
I.
A water tower or water tank owned and operated by
a public utility, which water tank or water tower is located at or
above ground level, shall be allowed as a special permit use of the
Zoning Board of Appeals on plots of three acres or more, subject to
the approval of the Board of Trustees. No other water tank or water
tower, above ground, or cooling tower shall be permitted, unless the
same is accessory to a principal industrial, laboratory-office or
commercial use, in a CBD, HB, PO, PI, WD or M District, any or all
of which may occupy in the aggregate not more than 10% of the area
of the roof of the principal building.
J.
Government offices and not-for-profit corporations
occupying any street-level premises fronting along any portion of
New Main Street, Main Street and Broadway from the intersection of
Main Street and New Main Street to Edgar Street.
[Added 9-5-2000 by L.L. No. 3-2000]
A.
Development plan required. No building permit shall
be issued, other than for a single-family residence or two-family
residence or for structures accessory thereto, for construction or
use in any zone, except for a building or use that is in conformity
with a site plan approved by the Planning Board and subject to review
by the Architectural Review Board, and no certificate of occupancy
shall be issued until all of the requirements of this section and
all other applicable provisions of this chapter have been met.
B.
Application for site plan approval. An application for a building permit for any structure, building or use other than a single-family or two-family residence shall be referred to the Planning Board by the Code Enforcement Officer within 10 days after the Code Enforcement Officer receives said application; and said application shall contain those items required by the Planning Board pursuant to site plan specifications adopted by the Planning Board as provided in Subsection F of this section, including but not limited to:
(1)
A map showing the parcel in relationship to adjacent
parcels, railroads, streams, all drainage and watercourses, street
rights-of-way and street intersections and all other structure uses
or markings as indicated on any Official Map hereafter adopted by
the Village of Haverstraw.
(2)
A map of the entire parcel showing the location, dimensions
and proposed use of all buildings, parking and loading areas and ingress
and egress thereto; all site improvements, including proposed grades,
walkways, driveways, lights, fences, walls, signs, drainage facilities,
benches and landscaped areas, including trees and other plants; and
all other structures and improvements other than the natural state
of the land.
C.
Planning Board action and standards to be considered.
(1)
Within 62 days of the receipt of the application,
the Planning Board shall render a decision to the Code Enforcement
Officer. If no decision is made by the Planning Board within said
sixty-two-day period, the site plan shall be considered approved.
When acting upon said application, the Planning Board shall consider
the site plan in relation to the provisions and intent of this section
of the Zoning Chapter and of the Village Master Plan, as adopted by
the Planning Board; the relationship between the principal buildings
and structures on the parcel, and all accessory buildings, structures
and uses; the convenience and safety of the parking and loading areas
and the interior circulation systems and the access to public streets;
the adequacy of walkways between principal buildings and accessory
structures and uses, including parking areas; the adequacy of landscaping
and lighting features to screen adjacent residential areas and streets
from any potential nuisance features of the use of the parcel; and
such other criteria directly related to the health, safety and general
welfare of the surrounding community.
[Amended 8-11-1997 by L.L. No. 4-1997]
(2)
The Planning Board may require that on- or off-site
improvements be installed, including but not limited to on- or off-site
drainage systems to ensure that all drainage, storm runoff and subsurface
waters are carried into approved watercourses and drainage systems
shown on the Official Map. The Planning Board may further require
that all such off-site improvements and/or drainage systems be installed
on easements to be granted to the Village of Haverstraw.
(3)
Where improvements are required as set forth in Subsection C(2) of this section, a performance bond sufficient to cover the full cost of the same as estimated by the Planning Board shall be furnished to the Village by the owner. Such performance bond shall be issued by a surety or bonding company approved by the Board of Trustees, with security acceptable to the Board of Trustees, and shall also be approved by the Board of Trustees as to form, sufficiency and manner of execution. Such performance bond shall run for a term fixed by the Planning Board not to exceed two years, unless extended by consent of the Planning Board, and shall be approved prior to issuance of any building permit.
(4)
No certificate of occupancy shall be issued for the
property until the improvements shown upon the site plan and the off-site
improvements, as required by the Planning Board, have been duly installed
and all easements and property interests granted or dedicated to the
Village, except that where an improvement bond has been required,
a certificate of occupancy may be issued where the bond has been duly
approved and filed.
D.
Planning Board referral. The Planning Board may request a review of the site plan by the Village Engineer or other department, official or agency of the Village or the County Highway Department or Rockland County Commissioner of Planning, which shall be rendered within the sixty-two-day period cited in Subsection C of this section.
[Amended 8-11-1997 by L.L. No. 4-1997]
E.
Planning Board initiative. The Planning Board may,
on its own initiative, propose a general or specific site plan for
a particular area where a site plan approval may be required in the
future, using the requirements of this chapter as a guide.
F.
Site plan specifications.
(1)
The following information must be submitted in conjunction
with any application for a building permit or special permit requiring
site plan approval.
(a)
An area map at a convenient scale, which shall
include railroads, streams, street rights-of-way and street intersections;
the location of the nearest public roads on all four sides; all public
improvements such as schools, firehouses, houses of worship, recreational
areas, etc.
(b)
A map of the applicant's entire holding, at
a convenient scale, and all surrounding properties.
(c)
The names of all owners of record of adjacent
property.
(d)
Existing school, zoning and special district
boundaries within 500 feet of the tract.
(e)
Boundaries of the property and existing lot
lines as shown on the existing Tax Map.
(f)
Existing public streets, easements or other
reservations of land.
(g)
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
(h)
Location of all existing structures on the site,
as well as those on adjacent properties within 100 feet of subject
lot line.
(i)
The proposed location and use of any building
or structure.
(j)
The proposed location of any use not requiring
a structure, including walkways, benches, fences and recreational
facilities.
(k)
Plans and elevations of all proposed buildings
or structures or accessory structures, including all proposed outdoor
signs.
(l)
All existing and proposed means of vehicular
ingress and egress to and from the site.
(m)
Location and design of all driveways, parking
and loading areas.
(n)
Location of all existing and proposed waterlines,
valves and hydrants, and all sewer lines.
(p)
Proposed fencing, screening and landscaping.
(q)
Proposed location, direction and type of outdoor
lighting.
(r)
Existing and proposed contours, with intervals
of five feet or less extending 50 feet beyond the tract.
(s)
Location of existing watercourses, wooded areas,
rock outcrop and single trees with a diameter of 12 inches or more
measured four feet above the ground level.
(t)
Where the applicant wishes to develop the project
in stages, a site plan indicating ultimate development shall be presented
for approval of the entire parcel.
(u)
The Planning Board may require additional data,
where it is warranted due to special conditions of the site or complexity
of the proposed development.
(v)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I of Chapter 197 and Article IX of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article IX of this chapter. The approved site plan shall be consistent with the provisions of Chapter 197 and Chapter 245, Article IX.
[Added 3-19-2007 by L.L. No. 4-2007]
(2)
The specifications may from time to time be amended
or modified by the Planning Board. All amended or modified specifications
shall be approved by the Board of Trustees in conformity with the
procedure for amendment of the Zoning Chapter.
G.
An applicant may submit, at his or her discretion, prior to a formal submission for a building permit, an application to the Planning Board for preliminary site plan review. The applicant shall submit all items required by Subsections B and F of this section, including payment of the required fee, but need not submit complete building plans and specifications as required for an application for a building permit. If the Planning Board shall deny preliminary site plan approval, the applicant shall not apply for a building permit until a revised preliminary site plan has been approved by the Planning Board. Subsequent to preliminary site plan approval, the Code Enforcement Officer shall refer the application for a building permit together with all items required by Subsections B and F of this section to the Planning Board for final site plan approval.
H.
Land shall be reserved for park and playground purposes
in locations designated on the Village Master Plan or Official Map
or otherwise where the Planning Board shall deem such reservation
to be appropriate. Each reservation shall be of suitable size, dimension,
topography and general character for park and playground purposes
and shall have adequate street access for the purpose. The area shall
be shown and marked on the Plan as "Reserved for Park or Playground
Purposes." Where the Planning Board deems, with respect to a particular
plan, that a reservation of land would be inadequate in size for park
or playground use, either alone or in conjunction with abutting reservation
on adjoining plans, or otherwise inappropriate for such use, the Planning
Board shall waive the requirement for such reservation with the condition
that the applicant deposit with the Village Clerk a cash payment in
lieu of land reservation. Such deposit shall be placed in a special
fund to be used for the purchase and development of sites for parks
and playgrounds in the Village, and the amount of such deposit, for
multiple-family dwellings, shall be as set forth in the Village schedule
of fees.[3]
A.
Maintenance of screening facilities.
(1)
It is the duty of each owner of property within the
Village of Haverstraw to erect, maintain, repair and replace all screening
facilities which were required to be placed on the property pursuant
to the conditions or requirements of any building permit, certificate
of occupancy, site plan, subdivision approval, special permit, variance,
zone change or other requirement of any board, agency, commission
or official of the Village of Haverstraw pursuant to the Zoning Chapter
of the Code of the Village of Haverstraw. The voluntary inclusion
of screening facilities in any application, plans, specifications,
statements or representations by an applicant shall be deemed to be
a condition or requirement of the official approval of the application.
(2)
Screening facilities shall mean fences, trees, plumbing,
shrubbery or other screening.
B.
Notice of violation. Whenever the Code Enforcement Officer of the Village of Haverstraw determines that screening facilities are not being properly erected, maintained, repaired or replaced as required by Subsection A of this section, such determination of notice shall be included in a notice of violation to be sent by the Code Enforcement Officer by registered mail addressed to the owner of record of such land at the address shown on the last preceding assessment roll of the Village, which notice shall direct the owner to remove the violation within 30 days of mailing of the notice. The notice of violation shall specify the manner in which the screening facilities do not comply with the requirements; the correction that is required to be made; and a statement that in the event the owner fails to comply within such 30 days, then the Board of Trustees may direct the Village Highway Department to erect, replace, repair or maintain such screening facilities. In connection with all such action taken by the Village, all costs and expenses incurred shall be placed as a lien against the property and included in the Village tax levied on the property for the following year.
C.
Enforcement of violation notice. Whenever the notice of violation has not been complied with within the thirty-day period after mailing of the same, the Board of Trustees shall, by resolution, direct the Village Highway Department to erect, replace, repair or maintain such screening facilities in the manner specified in the notice of violation and to assess the costs and expenses of same as a lien against the property as provided in Subsection D of this section.
D.
Recovery of expenses. The costs and expenses incurred pursuant to Subsection C of this section shall be paid by the owner of record of the property as shown on the last preceding assessment roll of the Village. The Village Highway Department shall file among its records an affidavit stating with fairness and accuracy the items of cost and expense incurred and the date of execution of actions authorized by the Board of Trustees. The Village Treasurer and appropriate Village officials shall incorporate all such costs and expenses as a lien against the property by including same in the Village tax levied on the property for the following year, unless said costs and expenses have been paid in full prior to preparation and mailing of the tax notice.
[Added 12-19-2016 by L.L.
No. 1-2017]
Pet day-care service facilities shall comply with the following:
A.
There shall be no outside animal runs or kennels, nor shall any animal
be walked or exercised out-of-doors on a property within 100 feet
of a residentially zoned lot.
B.
A sight-obscuring fence shall be provided to screen from view all
on-site outdoor recreation areas. The fence shall provide full containment
for the dogs, and be deep enough and secured to the ground to prevent
escape, and be high enough to prevent dogs from jumping or climbing
over.
C.
All animals shall be independently kept within completely enclosed
structures, rooms or cages, or under direct control and supervision
of the facility operator or staff at all times.
D.
All animals shall be kept indoors between the hours of 7:00 p.m.
and 7:00 a.m.
E.
The structure and operations of the facility shall incorporate such
measures and procedures as are necessary to ensure that animal noise
and odors are not perceptible, as determined by the Building Inspector,
or his designated agent, beyond the property line of the lot on which
the pet day-care service facility is located. Where outdoor facilities
are permitted (subject to the restrictions of this chapter) noise
may be perceptible beyond the property line so long as it does not
occur more frequently than:
F.
The area used for overnight boarding shall not exceed 50% of the
total gross floor area of the building and structures.
G.
The facility shall maintain a covered outdoor trash receptacle and
bag dispenser for use by persons whose animals defecate while entering
or exiting the building structures. Additionally, there shall be signs
prominently posted prohibiting the walking of animals outdoors on
or around the property.
H.
There shall be no parking permitted in any required side or rear
yard directly adjacent to a residential district.
I.
All refuse and fecal matter shall be disposed of off-premises, and
in compliance with all laws, rules and regulations of the applicable
governmental agencies. All trash stored outside shall be in fully
enclosed dumpsters, and no dumpster used for the disposal of fecal
matter shall be located within any required yard, nor located closer
than 100 feet to any residentially zoned lot.
J.
There shall be no overnight boarding of animals on any lot within
100 feet of any other lot within a residential zoning district.
K.
As an ongoing requirement of a special permit for any pet day-care
service that offers unattended overnight boarding, the owner or operator
of the facility shall provide up-to-date twenty-four-hour contact
information to be filed with the Building Inspector and posted on
a sign visible from the main business entrance of the facility. The
owner/operator may employ an answering service to meet this requirement.
[Added 7-19-2021 by L.L.
No. 11-2021]
A.
Statement or purpose. This Solar Energy Local Law is adopted to advance
and protect the public health, safety, and welfare of the Village
of Haverstraw by creating regulations for the installation and use
of solar energy generating systems and equipment, with the following
objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Village
of Haverstraw, to the extent reasonably practical, by furthering the
installation of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in Village of Haverstraw
after the effective date of this section, excluding general maintenance
and repair.
(2)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 10% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Village of Haverstraw Code.
C.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
(3)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA")].
D.
Permitting requirements for Tier 1 solar energy systems. All Tier
1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local zoning code
or other land use regulation, subject to the following conditions
for each type of solar energy systems:
(1)
Roof-mounted solar energy systems and solar heat collectors.
(a)
Roof-mounted solar energy systems shall adhere to the following
requirements and where consistent with these requirements shall not
be required to meet the height limitations of this chapter:
[1]
Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface the
highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4]
Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 42 inches above the
flat surface of the roof, whichever is higher, except that any roof-mounted
solar panel that exceeds the height limitations of this chapter shall
be setback at least one foot from the edge of the roof for each one
foot or portion thereof that it exceeds the height requirement.
[5]
No solar panel installed on a flat roof shall be
inclined at an angle of more than 45°.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
E.
Permitting requirements for Tier 2 solar energy systems. All Tier
2 solar energy systems shall be permitted in all zoning districts
as accessory structures and shall be exempt from site plan review
under the local zoning code or other land use regulations, subject
to the following conditions:
(1)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Yards: Tier 2 solar energy systems shall not be permitted in
a required yard. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in residential districts.
(3)
Height: Tier 2 solar energy systems shall be subject to the
height limitations specified for accessory structures within the underlying
zoning district.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
F.
Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit of the Board of Trustees within the PI and WD zoning districts,
and subject to site plan application requirements set forth in this
section.
(1)
Underground requirements. All on-site utility lines shall be
placed underground to the extent feasible and as permitted by the
serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
(2)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(3)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(b)
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(4)
Glare. All solar panels shall have anti-reflective coating(s).
(5)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(6)
Tree cutting. As part of the application, the applicant will
identify existing trees larger than six inches in diameter and identify
which trees are proposed for removal. Tier 3 solar energy systems
should be sited and designed to avoid significant tree removal.
(7)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Village of Haverstraw as set forth in Subsection F(7)(b) herein.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
(c)
Security.
[1]
The deposit executions, or filing with the Village
Clerk of cash, bond, or other form of security reasonably acceptable
to the Village attorney and/or engineer, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system, where such value is provided and verified.
[2]
In the event of default upon performance of such
conditions, after proper notice and expiration of any cure periods,
the cash deposit, bond, or security shall be forfeited to the Village,
which shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
(8)
Site plan requirements. In addition to the requirements of § 245-16F, the following information shall be provided:
(a)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(b)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(c)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(d)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(e)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(f)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(9)
Special use permit standards.
(a)
The Tier 3 solar energy system shall adhere to the requirement
of Use Group J.
(b)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for maximum development
coverage:
[1]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[2]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(c)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(10)
Screening, visibility and ecology.
(a)
Solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable using architectural
features, earth berms, landscaping, or other screening methods that
will harmonize with the character of the property and surrounding
area.
(b)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
(11)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system shall notify the zoning enforcement
officer of such change in ownership or operator within 30 days of
the ownership change.
(12)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
(c)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village and
any applicable federal, state, or county laws or regulations.
(13)
Permit time frame and abandonment.
(a)
If the owner and/or operator fails to perform substantial construction
after 24 months from permit issuance, the approvals shall expire.
(b)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(c)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the bond and/or security for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
