Village of Hillburn, NY Sign, Lighting and Landscaping Standards

Unless otherwise permitted by this section, no person shall hereafter install, structurally alter, enlarge, or relocate a sign without a sign permit issued by the Planning Board. A sign permit shall be issued only following submission, review and approval of a sign application and sign plan in accordance with the requirements set forth below, and payment of the required fee in accordance with the fee schedule established by the Board of Trustees.

A sign permit shall not be issued for a sign if any other sign on the same premises and in the same ownership has been determined to be in violation of this section.

A sign permit shall not be required for the repainting or refurbishing of an existing sign when using similar colors, letters and signs. The determination of similarity shall be made by the Code Enforcement Officer.

Sign application. A sign permit application shall be submitted to the Planning Board and shall include the following:

A scale drawing of the sign which shows the content, colors, and proposed location of the sign.

A drawing with appropriate notes, describing the construction of the sign and the method of attachment to a building or the ground.

A description or sample of the materials of which the proposed sign will be made.

A description of the proposed method of sign illumination, if any.

Any other information deemed necessary to determine whether the sign is consistent with the regulations set forth herein.

Review.

Time period for decision. At such time that the Planning Board deems that a complete application has been submitted with the information set forth above, the Planning Board shall review all sign applications and approve, disapprove, or approve with modifications the application within 62 days of receipt of a complete application. Where a sign is being approved in conjunction with a site plan, the Planning Board shall review and approve signs in accordance with the time frames established for site plan review and approval. The applicant shall submit to the Planning Board the sign information set forth in Subsection C above. If a sign authorized by a permit is not installed within six months of issuance of the sign permit, said permit shall become null and void.

Criteria for sign plan approval. The Planning Board shall consider the following in its review of a sign permit application:

(a)

Accessory use. Signs must be clearly accessory uses on the lot on which they are located and are not permitted as a principal use on an individual lot.

(b)

Proportion and scale. The size and content of the sign shall be the minimum essential for legibility and for the provision of information. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be proportional with the scale of the structure. For example, small storefronts should have smaller signs than larger storefronts.

(c)

Identification. Permanent signs are sized to be sufficient to identify a use conducted in a building or on a lot. The sign content is not regulated unless clearly and constitutionally offensive to the public.

(d)

Quality. Signs shall be durable and weather-resistant.

(e)

Coordination with other signs. Signs located on a multitenant building shall be coordinated in design to avoid sign clutter. For buildings with multiple storefronts, signs for the individual businesses should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity reinforces the building's facade composition while still retaining each business identity.

(f)

Colors. Colors shall not be garish. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both daytime and nighttime use. Neon and DayGlo^™ colors are not permitted.

(g)

Coordination with building. Sign materials and colors should complement the materials and colors of the building on which the sign is situated or associated.

(h)

Architectural elements and details, including historic building details. Signs should not cover or otherwise interfere with design elements that contribute to the building's character. Signs should not cover over architectural elements such as transom windows or vertical piers. Signs should fit into the building facade just as if they were one of the architectural elements. The building or storefront should be reviewed for its architectural elements that suggest a location, size, or shape for the sign. These could include the lintel band above transom windows, an entranceway that needs signage to provide direction, or display windows.

(i)

Typeface. A multiplicity of different typefaces on an individual sign is discouraged. The number of lettering styles that are used on a sign should be limited in order to increase legibility. As a general rule, limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate and effectiveness.

§ 250-21 Exempt signs.

Exempt signs. The following signs may be installed and maintained without a permit, provided that they comply with the regulations of this Subsection A.

Historical markers, tablets and statutes, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless, steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not to exceed six square feet in area.

Flags and insignia of any government.

Name and number plates, identifying residents, mounted on house, apartment or mailbox, not exceeding one square foot in area.

Nonilluminated warning, private drive, posted or no-trespassing signs, not to exceed two square feet per face.

One nonilluminated sign, either freestanding or attached, in connection with any residential building in any zoning district, for permitted home occupations, not to exceed two square feet. Such sign shall state name and location only.

Temporary signs for garage sales and auctions, not to exceed four square feet for a period not to exceed seven consecutive days in any thirty-day period.

Temporary nonilluminated "for sale," "for rent," real estate signs and signs of similar nature, concerning the premises upon which the sign is located. Real estate signs not more than eight square feet in area shall be located behind the required front yard setback line. Not more than one sign shall be permitted per every 100 feet of lot frontage.

One temporary sign for a roadside stand selling farm produce, provided that such sign does not exceed 12 square feet in area and shall be set back at least 10 feet from the street right-of-way.

Temporary, nonilluminated window signs and posters, providing such do not exceed 25% of the window surface.

Temporary political posters, banners, promotional devices and similar signs, not exceeding four square feet in area in a residential district, and not 16 square feet in the business district, provided placement shall not exceed 30 days. All such signs must be removed no later than 14 days after the event for which they are posted.

Temporary sign identifying a construction project and associated contractors, not exceeding eight square feet for a dwelling and 16 square feet for other buildings.

§ 250-22 Nonresidential use sign standards.

Number and type of permanent signs. Except for any sign standards that may be set forth for an individual special use, the Schedule of Sign Requirements shall regulate the total number and size of signs allowed within each zoning district in the Village of Hillburn. A "P" indicates that the type of sign is permitted in the applicable zoning district. An "NP" indicates that the sign type is not permitted in the applicable zoning district.

Schedule of Sign Requirements Permitted Number and Type of Signs by Zoning District
Zoning District ►	OS, R-60, R-9, R-6	LS, GC, RED, VC	LI
Permitted Number of Permanent Signs per Lot*►	2	2	2
Sign Type▼
WALL SIGN — A facade sign attached parallel to a wall and not projecting more than 6 inches from same, painted on the wall surface of, or erected and confined within the limits of, an outside wall of any building or structure, which is supported by such wall and building, and which displays only one sign face.	P	P	P
PROJECTING SIGN — A facade sign mounted perpendicular to the surface of the wall.	NP	P	NP
ICONIC SIGN — A facade sign projecting perpendicular from the wall of a building that is a pictorial symbol conveying the nature of a business, e.g., a barber pole, eyeglasses, boots, mortar and pestle. They are normally constructed in heavy relief or are three dimensional.	NP	P	NP
FREESTANDING SIGN — A sign supported by one or two supports that are placed on, or anchored in, the ground independent of any building and which may display up to two faces. A freestanding sign may be installed on one or two posts on either side of the sign, or may be installed directly on the ground, i.e., a monument sign. Shall be set back no less than 20 feet from any setback line.	P	P*	P
FREESTANDING DIRECTORY SIGN — A type of freestanding sign that includes panels listing tenants in a multitenant building.	NP	P*	NP
WINDOW SIGN — A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, but not including graphics in connection with customary window display of products.	NP	P	NP
AWNING SIGN — A retractable or fixed shade-producing or weather-protection device made of flexible material, which is attached to a building or extends over a window or door.	NP	P	NP
BILLBOARD — Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises it is so situated.	NP	NP	P

NOTES:
*	For any lot with a multiuse or multitenant building, one freestanding sign or freestanding directory sign is permitted for the building, and two signs (other than a freestanding or freestanding directory sign) shall be permitted for each tenant or use.

Design standards applicable to all signs.

Sign content. With the exception of a freestanding directory sign, a sign may indicate the name, address, and/or phone number of the principal use located thereon.

Illumination.

(a)

Sign lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. Lighting shall be cast downward.

(b)

Externally illuminated signs that project light onto the sign shall be permitted. The light source shall be shielded from direct view.

(c)

Internally illuminated box signs are prohibited.

Materials.

(a)

Paper and injection-molded plastic signs are not permitted.

(b)

Raised surface-mounted letters of wood, steel, brass, stainless steel, bronze or PVC resin is preferred; sheet metal and finished plywood are permitted.

(c)

Flat-framed wooden signboards or synthetic resin boards with carved raised or recessed lettering or professionally printed letters are permitted.

(d)

Signs with gold-leaf lettering are encouraged.

Wall facade sign design standards.

One wall sign per building or tenant is allowed on the facade facing a public street. The sign shall not conceal any part of a window and shall not extend above the roofline.

The maximum length of a wall sign shall not exceed 70% of the length of the building facade fronting to the street or tenant's front facade, whichever is less. The maximum height shall not exceed two feet.

Projecting facade sign and iconic facade sign design standards.

One projecting or iconic sign per building or tenant is allowed on the facade facing a public street. No projecting sign shall overhang the public way, and its bottom shall not be mounted above the level of the second story window sill. The sign shall maintain a minimum clearance of eight feet from the ground.

The maximum length shall not exceed four feet. The maximum height shall not exceed four feet.

The maximum sign area shall not exceed 12 square feet.

Projecting signs shall be securely installed. Where an applicant proposes a projecting sign that would project into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage to hold the Village of Hillburn harmless for any action associated with the sign, and with approval from the applicable jurisdiction of the right-of-way.

Freestanding sign and freestanding directory sign design standards.

One freestanding sign or one freestanding directory sign is allowed per principal building. Only one freestanding sign shall be allowed on any property.

A freestanding sign is permitted in the front yard setback but shall not overhang a property line, driveway or walkway. The Code Enforcement Officer or Planning Board may consult with the DPW Director, NYSDOT or Village Engineer with regard to the placement of the sign to ensure adequate sight distance is maintained. No sign shall interfere with required sight distances.

The maximum height of the sign shall not exceed 10 feet from ground level to the top of the sign. The maximum length shall not exceed five feet.

The maximum sign area shall not exceed 25 square feet.

A freestanding sign for a single tenant shall be hung or supported by a single post. A freestanding directory sign may be hung or supported by two supports.

For a freestanding directory sign, each panel identifying a use shall be the same dimension, no less than eight inches, nor more than one foot, in height. The colors used for background and lettering shall be the same on each panel, and no more than three colors may be used. One panel may be larger than the remainder, but in no case shall the total of all panels exceed the maximum sign area.

The posts to which a freestanding sign is mounted shall be wood or resin with a minimum diameter of four inches. Treated wood posts shall not be used unless painted, stained, or finished with clear polyurethane. The top of the posts shall be decorative, either through an appropriate wood cut or use of finials.

Signs shall be installed in a landscaped bed or box unless the Code Enforcement Officer determines that installation of the landscaped bed or box would interfere with traffic maneuvering or sight distance.

Window sign design standards.

One window sign is permitted per building or per tenant.

All signs within a window, permanent or temporary, shall not exceed 35% of the total area of the window in which the signs are located, nor shall the total window sign area exceed 35%.

Awning sign design standards.

An awning sign may be located above an entrance or window. The height of the skirt on the extension shall not exceed eight inches. An awning sign may be permitted in addition to a wall or projecting sign, provided that the only information conveyed on the awning is a logo, phone number or street address located on the skirt.

Awnings shall be constructed of a material which shall be rot-, weather-, and abrasion-resistant.

Awnings with a single, solid color are permitted. Awning colors should complement the colors of the building. Colors that call more attention to the awning than the building are inappropriate. Preferred colors include forest green, maroon, dark blue or black.

Where awnings have been installed previously on a building, the Code Enforcement Officer may require that the same shape or color of awning be installed.

Awnings should be designed to project over individual window and door openings (i.e., mounted in the reveals of openings). Awnings that are a continuous feature, extending over several windows, doors, masonry piers, or arches, are not permitted.

Where an awning projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage and holding the Village of Hillburn harmless.

Miscellaneous sign requirements.

Wall murals. A wall mural may be permitted at the discretion of the Village Board and is not subject to the maximum sign requirements set forth in the Schedule of Sign Requirements.

Banners in public rights-of-way. Banners, flags, and other temporary signs advertising seasonal events, e.g., a farmer's market, are subject to approval of the Village Board.

One temporary sandwich board sign shall be permitted per use, provided it is made with permanent materials such as wood and a chalkboard, is located on the property to which it is accessory, and is not left outside overnight (between the hours of 9:00 p.m. and 7:00 a.m. which may advertise daily menus or daily sales. The Village Board shall approve any sandwich board sign located within any Village right-of-way.

§ 250-23 Prohibited signs.

Prohibited signs. Prohibited signs are not permitted and shall not be installed in the Village of Hillburn. Prohibited signs are as follows:

Signs that revolve, oscillate, or otherwise move or which utilize flashing, blinking or scrolling lights or multiple illuminating units which operate alternately. Colored lights of such shape and hue that may be confused with official traffic lights and signals shall be prohibited.

Banners, pennants, ribbons, streamers, spinners, or similar moving, fluttering or revolving devices, except as allowed in § 250-21A(10).

Signs which emit noise, sounds or smoke, including audio signs.

Signs of a prurient or sexual nature or advertising businesses, commodities or services of a prurient nature, which are offensive to the community.

Signs made of cardboard, paper or similar impermanent material, except temporary signs displayed within a window area of a commercial use which shall not cover more than 25% of any window area or be placed so as to obstruct the view inside the building.

Signs placed, painted or drawn on utility poles, bridges or on other road or utility structures or signposts; or on trees, rocks or other natural features. No signs shall be placed on municipal property without the permission of the Village Board.

Signs erected, maintained or displayed which create a public hazard to health or safety by reason of the manner of their construction or placement or the nature of the materials used therein.

Signs or graphics that impair or cause confusion of vehicular or pedestrian traffic, by design, color or placement. No sign shall obstruct the sight distance of the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.

Signs which are leased or rented for economic gain, including a sign commonly known as an advertising sign or a billboard, including those which advertise or promote any business, profession, interest or product on a lot other than upon the premises whereon such sign is situated.

Signs installed upon the roof of any building.

Signs that are internally illuminated, including box signs.

(12)

Neon signs, and LED rope, strip or string lights.

(13)

Neon or LED change board signs.

§ 250-24 Maintenance; enforcement; nonconforming signs.

Maintenance required. No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this section. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of violation of any of the foregoing provisions, the Code Enforcement Officer shall give written or personal notice, specifying the violation to the owner of the sign and the owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event such sign shall not be so conformed within 30 days, the Code Enforcement Officer shall thereupon revoke the permit, and such sign shall be removed by the owner of the sign and/or the owner of the land.

Planning Board waiver of sign regulations. Where a sign application does not meet the standards and requirements set forth above, an applicant may appear before the Planning Board which may, in its discretion, grant a waiver of these sign regulations where it finds that the literal application of this article would substantially impair the visibility of a sign resulting from site characteristics unique to the property, e.g., exceptional topographic conditions, not created by the owner or applicant, on which the sign is to be located, or where the Planning Board determines that the waiver would have a beneficial effect on the architectural or historic character of a property. Any waiver shall not be detrimental to property owners in the vicinity, shall not result in undue concentration of signs, shall not be detrimental to public health and safety, and shall not have the effect of nullifying the intent and purpose of this section or the Zoning chapter. In allowing any waiver, the Planning Board may attach such conditions as are, in its judgment, necessary to secure the objectives of the standards or requirements so modified. The Planning Board is not authorized to waive the requirements establishing prohibited signs set forth in this Zoning chapter.

Enforcement.

The Code Enforcement Officer shall enforce the provisions of this section and is authorized to bring such criminal or civil proceedings at law or in equity on behalf of the Village of Hillburn as may be necessary to compel compliance, or to pursue any other remedies available under this chapter or the laws of the State of New York.

Any sign existing on or after the effective date of this section which is no longer accessory to an existing activity on the premises shall be removed by the owner of the premises upon which such sign is located within 60 days after the use has ceased operation or upon written notice of the Code Enforcement Officer as set forth below. The Code Enforcement Officer, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time period, the Code Enforcement Officer is hereby authorized, subject to due process procedures, to remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located. If the Code Enforcement Officer shall find that any sign regulated by this section is unsafe or not properly secured, or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 10 days from the date of said notice. If the sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit issued for such sign, as herein provided, and may, subject to due process procedures, remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.

Nonconforming signs.

Except as regulated below, any nonconforming sign, lawfully existing on the effective date of this section, may continue indefinitely, except if such nonconforming sign is discontinued, removed, not maintained or structurally altered for any reason, or is deemed by the Code Enforcement Officer to be irreparably dangerous or defective, such exemption period shall terminate and shall result in the immediate removal of the nonconforming sign.

Existing nonstructural signs, such as portable signs, banners, pennants, and similar nonconforming signs within the provisions of this chapter, shall be brought into compliance or removed within 90 days of the effective date of this chapter.

No nonconforming sign shall be enlarged or replaced by another nonconforming sign.

No alteration or repair shall be made to a nonconforming sign involving a cost in excess of 50% of the value of the sign.

A nonconforming sign may be temporarily removed for painting or other normal maintenance for a period not to exceed one month.

§ 250-25 Lighting standards.

Purpose and applicability. It is the purpose of this section to minimize light pollution in the Village of Hillburn by:

Using fixtures with optical controls that distribute light in the most effective and efficient manner.

Using shielded outdoor light fixtures where required and wherever feasible.

Assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section.

Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.

Fixtures for one-family detached or two-family residences shall not be directed off-site.

Lighting plan. As part of any site plan or subdivision plan, a lighting plan and supporting data shall be submitted. Said plan and data shall illustrate proposed fixture locations, lighting levels measured in footcandles, details and illustrations of proposed fixtures, glare control devices, lamps, mounting heights, and a description of hours of operations and proposed maintenance. The Planning Board may require illumination intensities to be plotted on a ten-foot by ten-foot grid. The Planning Board shall approve the architectural style of the fixture(s).

Standards. Lighting shall conform to the following standards:

All lighting, including sign lighting, shall be designed and arranged so as to minimize glare and reflection on adjacent properties.

The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings. Wall Pak or packs are not allowed unless approved by the Planning Board, and only when such fixtures are fully shielded and cast light downward, and shall not cast light outward so as to be visible from surrounding roads and properties. No Wall Pak or packs shall be installed on any nonresidential building unless having been approved by the Planning Board, and shall be fully shielded.

The maximum total height of the light pole measured from the ground to the top of the fixture or for building-mounted light fixtures shall not exceed 16 feet unless waived by the Planning Board.

The source of the light shall be fully shielded with full 90° cut-off luminaires or located such that it shall not be visible beyond the property boundary on which it is situated.

All outdoor lighting shall be of such type and location to provide a minimum illumination of one footcandle in publicly accessible areas and shall be shielded so as to prevent the source of the light from being a visual nuisance to any adjoining residential property.

Illumination from light fixtures shall not exceed zero footcandles at the property line. A maximum uniformity ratio (average to minimum) of 4:1 shall be achieved. Maximum illumination levels shall be 10 footcandles, unless waived by the Planning Board.

The Planning Board, as a condition of approval, may impose limits on the hours of lighting operation. The Planning Board may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of operation.

Light control shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board.

Mercury vapor lights and quartz lamps are prohibited light sources, except to the extent that the local utility provider utilizes same for streetlighting. Energy-efficient light sources are encouraged. To provide optimum color rendition for LED lighting, white LED 2,700 K to 3,000 K is preferred. All lighting fixtures shall be consistent with the recommendations of the International Dark Sky Association.

Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity. Where said standard is inconsistent with the footcandle requirements set forth herein, the more stringent shall govern.

The Planning Board may impose conditions on any site plan, subdivision plan or special use permit to ensure that the objectives of this section are met.

(12)

Waivers. Where site conditions warrant exceptions to the strict application of the standards in this section, the Planning Board may waive the requirements set forth herein.

§ 250-26 Landscaping standards.

General. Landscape materials shall be utilized in a positive manner in all developments for purposes of architectural enhancement, space articulation, screening, privacy control, erosion control, noise control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control. All areas of a lot not left in a natural state and not developed with buildings, driveways or other impervious surfaces shall be maintained continuously in a dust-free condition by installing suitable landscaping, including trees, shrubs, grass or other ground cover, or by providing a stable pervious surface, such as pervious pavers, gravel, crushed rock or similar material. Yards shall be landscaped and maintained in a manner consistent with the general character of the neighborhood in which the property is situated. Landscape treatments shall minimize soil erosion and stormwater runoff and provide necessary screening as set forth herein.

Landscaping standards. A landscape plan shall be submitted in conjunction with any site plan or special use permit application. The following standards shall be met:

Landscaping shall be appropriate to the project, and the native vegetative cover shall be preserved to the maximum extent practicable. Natural areas shall be protected during construction. A concerted effort shall be made during the design stage to integrate natural features of the site into the proposed site plan.

A landscape plan shall be prepared by a New York licensed landscape architect or other professional competent in the area of landscape design. The Planning Board, as a condition of approval, may require that the landscape consultant periodically inspect and monitor the construction and installation of landscape materials.

A landscape plan shall include plant selection suitable to the conditions of the site. Plant specimens native to the region are to be used to the greatest extent practicable.

Within the area of proposed disturbance, the location of trees with a diameter of eight inches or greater measured at chest height ("dbh") shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees with eight-inch dbh shall be preserved to the maximum extent practicable.

For areas near roads, plants shall be selected according to their hardiness and ability to withstand highway salt conditions or snow "throw" compaction.

In parking lots, landscape medians to receive plant materials shall have a minimum inside width of five feet, except that, where vehicle overhang is permitted, an inside width of 10 feet shall be required.

Approved mulch shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb, and at a depth of not less than three inches. Mulch shall be placed in all planting beds to a minimum three-inch depth. Mulch may consist of clean wood chips, pine bark, peat moss, stone aggregate, or other approved material. As a general guideline, mulch shall be clean, homogeneous, attractive, and self-matting so that it does not blow in the wind.

Areas that will receive continued pedestrian movement shall be paved. Paving can be cast-in-place concrete, stamped concrete, or precast concrete unit pavers set in an approved setting bed. Bituminous concrete or asphalt walks are not acceptable.

In general, planting designs shall strive for year-round seasonal interest and a natural, yet ornamental, appearance.

Attention to environmental objectives and energy conservation, as well as design value, should be evident in the landscape plan. Environmental applications for plantings can include, among others, air filtration, temperature modification, natural slope stabilization, provision of edible fruit-bearing plants, the use of NYSDEC recommended wetland plants in wetland buffer areas, etc.

Plantings of all types shall be completed only at such times as weather and soil conditions are favorable for seed germination, plant establishment and subsequent growth. Generally, such conditions occur between April 1 and June 1 and between August 20 and October 15; however, conditions vary for different plants and different years. Accepted horticultural practices shall be followed in this regard.

(12)

Extreme care and caution shall be exercised in grading operations around existing trees scheduled for preservation. Protective tree fencing shall be placed around the tree(s) at or beyond the dripline(s). Cuts within the dripline, or the addition of 12 inches or more of fill, can result in tree mortality and shall be avoided to the maximum extent.

(13)

Tree wells are encouraged where grading necessarily comes in close proximity to trees. In areas of fill, the tree well should be concentric to the dripline, and of a diameter at least half that of the dripline. In areas of cut, the tree well should also be concentric to the dripline but should be of a diameter at least equal to that of the dripline. In cases where grade changes affect only one side of the tree, partial tree wells are acceptable.

(14)

The use of earth berms and other grading techniques is allowed, especially on flat sites or in locations where screening is warranted or necessary. The height, size and width of the berm shall be suitable for the intended plantings and shall fit with the character of the overall proposed design of the site.

(15)

The use of flowering annuals and perennials is recommended in areas close to pedestrian movement and shall receive frequent maintenance.

(16)

A mix of plant materials, sizes, habits and textures shall be selected for each planting plan. Overplanting of any one species shall be avoided. The use of indigenous species is encouraged. The use of exotic species shall be avoided to the maximum extent and the use of invasive species is prohibited.

(17)

Construction practice and planting specifications should follow ANSI Z60.1, American Standards for Nursery Stock, or equivalent.

(18)

All plantings shown on an approved landscape plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the specifications of the approved plan.

(19)

Erosion and sedimentation controls shall be provided and designed in accordance with the New York State Department of Environmental Conservation Best Management Practices.

Screening. As a condition of approval, the Planning Board may require that a screen be established to minimize views of parking areas, facilities, and buildings associated with nonresidential uses from adjoining residences or the public right-of-way. These are in addition to any buffer required by this Zoning chapter. Transformers, gas meters, dumpsters and similar appurtenances shall also be screened. Plantings shall be indicated on the site or subdivision plan and shall meet the following standards:

Plant materials shall be no less than six feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Plant materials shall be spaced at distances no greater than 10 feet on center or other suitable distance, based on the specimen to be planted, which will provide adequate screening within five years after installation. Coniferous trees and shrubs shall be used to provide year-round screening.