The Planning Board shall not approve a site plan unless it shall
find that such plan conforms to the requirements of these regulations,
as well as to the Village of Suffern Zoning Law[1] and other applicable laws and regulations. In reviewing
the site plan, the Planning Board shall also take into consideration
the public health, safety and general welfare and shall set appropriate
conditions and safeguards which are in harmony with the general purpose
and intent of these regulations, particularly in regard to achieving
the following standards:
A.
Traffic access. The number, location and design of all proposed driveways,
in terms of their width, grade, alignment, visibility, sight distance
and relationship to the existing street system and neighboring properties
and land uses, shall be such that maximum safety will be achieved
and function properly provided for.
B.
On-site circulation and parking. Adequate and convenient off-street
parking and loading spaces shall be provided to prevent parking in
public streets of vehicles belonging to any persons connected with
or visiting the proposed use, and the interior circulation system
shall be adequate to provide safe access to all required off-street
parking, including access for the handicapped.
C.
Pedestrian circulation. An adequate and safe pedestrian circulation
system shall be provided to permit safe access to uses from the street
and from all parking areas on the site.
D.
Landscaping and buffering. All parking, loading and service areas
shall be screened in a reasonable manner, at all seasons of the year,
from the view of adjacent residential lots and streets. The Planning
Board shall require as a condition of site plan approval that a significant
vegetative screen be required between the building and property line
for all uses in the PO-40, PO-15, PLI and M Zoning Districts and,
where advisable, in the MR-15, MR-50, CB and GB Zoning Districts.
[Amended 10-20-1997 by L.L. No. 7-1997]
E.
Lighting. Outdoor lighting shall be provided on the site to assure
the safe movement of vehicles and persons and for security. Such lighting
shall not create an undesirable impact on neighboring properties and
streets.
F.
Drainage. The proposed stormwater drainage system shall be adequate
to prevent any increase in the rate of surface runoff or otherwise
contribute to downstream flooding during a storm of any magnitude
up to and including a one-hundred-year frequency storm.
G.
Water and sewage. The proposed systems for water supply and sewage
collection and disposal on the site shall be adequate, and Village
facilities shall be sufficient to handle the increase in service.
H.
Solid waste. Adequate provisions shall be made for the storage, collection
and disposal of solid waste, and such facilities shall not be permitted
to adversely affect neighboring properties or public facilities.
I.
Building design. The height, location and size of the proposed buildings
shall be in conformity with the requirements of the Zoning Law, and
all such buildings and other structures shall harmoniously relate
to each other, the site and neighboring properties and shall be in
accordance with Village plans and programs.
J.
Signage. All proposed signs, including on-site directional signs
and building signs, shall meet the requirements of these regulations,
shall be adequate to provide reasonable information to the public
and shall be in harmony with the design of the site and buildings
and with neighboring properties.
K.
Recreation.
(1)
Land for park, playground or other recreational purposes is required
when the Planning Board has made a finding that a proper case exists
for requiring that a park or parks be suitably located for playgrounds
or other recreational purposes in the Village of Suffern. Such findings
shall include an evaluation of the present and anticipated future
needs for park and recreational facilities in the Village based on
projected population growth to which the particular site plan will
contribute.
(2)
If a park cannot be properly located on the site plan, the Planning
Board may require a sum of money in lieu thereof to be established
by the Village Board of Trustees. In making such a determination,
the Planning Board shall assess the size and suitability of lands
shown which could be possible locations for parks or recreational
facilities, as well as practical factors, including whether there
is a need for recreational facilities in the immediate neighborhood.
Any moneys required by the Planning Board in lieu of land for park,
playgrounds or other recreational purposes shall be deposited in a
trust fund to be used by the Village of Suffern exclusively for parks
or other recreational purposes, including the acquisition of property.
L.
Other public needs. Other public needs and requirements, including
the protection of the environment shall be properly and adequately
provided for.
B.
Table of minimum parking dimensions. The parking configuration shall
be as follows:
Table of Minimum Parking Dimensions
| |
---|---|
Dimension
|
Measurement
(feet)
|
Length of stall
| |
Parallel
|
20
|
Perpendicular
|
181
|
Aisle width
| |
One-way flow
|
12
|
Two-way flow
|
24
|
Width of stall
| |
All parking stalls
|
9, except as provided in § 228-23D herein
|
NOTES:
|
---|
1 The length of perpendicular parking
stalls may be reduced by 2.5 feet where curb design permits vehicle
overhang.
|
C.
Parking area standards.
(1)
Poured-in-place concrete curbing shall be provided to outline all
parking areas and to prevent any vehicle parking within the facility
from overhanging a property line or projecting over any sidewalk,
other walkway or public road.
(2)
No vehicle shall be forced or encouraged by the nature of the design
of the parking area to back out of the parking facility onto a public
road.
(3)
Suitable walks shall be provided within the facility for the safety
of pedestrians moving to or from their vehicles.
(4)
All required parking facilities shall be graded, surfaced, drained
and maintained throughout the duration of their use to the extent
necessary to avoid nuisances of dust, erosion or excessive water flow
across public ways or adjacent lands. The maximum gradient within
parking areas shall not exceed 5%.
(5)
Suitable markings shall be provided to indicate individual parking
spaces, maneuvering areas, entrances, exits, directions of traffic
flow and other similar requirements.
D.
Special parking standards.
(1)
Employee parking. In parking areas designated for employees, the
Planning Board may permit a reduction in the width of such spaces
to 8.5 feet.
(2)
Parking facilities for the handicapped.
(a)
Parking spaces shall be provided for the handicapped, and the
number, location and design of said spaces shall be in conformity
with the New York State Uniform Fire Prevention and Building Code,
as may be amended from time to time. (Refer to Attachment N.)[2]
[2]
Editor's Note: Attachment N is located at the end of this
chapter.
(b)
Generally, for nonresidential uses, handicapped parking spaces
shall be provided in parking lots and parking garages in accordance
with the following table:
Required Number of Parking Spaces
| |
---|---|
Total Parking Spaces in Lot or Garage
|
Number of Accessible Parking Spaces
|
1 to 25
|
1
|
26 to 50
|
2
|
51 to 75
|
3
|
76 to 100
|
4
|
101 to 150
|
5
|
151 to 200
|
6
|
201 to 300
|
7
|
301 to 400
|
8
|
401 to 500
|
9
|
501 to 1,000
|
2% of total
|
Over 1,000
|
20, plus 1 for each 100 over 1,000
|
(c)
For a shopping center or facility having at least five separate
retail stores and at least 20 public off-street parking spaces, a
minimum of 5% of such parking spaces or 10 spaces, whichever is less,
shall be for use by the physically handicapped.
(d)
Where parking areas or garages are provided for multiple dwellings
as defined by the New York State Uniform Fire Prevention and Building
Code, which includes apartments, hotels, motels and senior citizen
housing, at least one adaptable parking space for each usable unit
(constructed and equipped so as to be usable by the physically handicapped),
but not less than 5% of the total number of parking spaces provided,
shall be suitable for use by the physically handicapped. For adult
residential care, at least 5% of the total number of parking spaces
shall be suitable. Where determination by percent results in a number
containing a decimal of 0.5 or more, use the next higher number.
(3)
Compact car parking. The Planning Board may require an applicant
to provide compact car parking spaces subject to the following requirements:
(4)
Motorcycle/bicycle parking. The Planning Board may require an applicant
to provide motorcycle/bicycle parking, depending upon the specific
use proposed by an applicant and subject to the following Eno Foundation
for Transportation guidelines:
(a)
One motorcycle and one bicycle parking space may be required
for parking facilities containing 50 automobile spaces. For every
additional 20 automobile parking spaces thereafter, a minimum of one
motorcycle and one bicycle parking space may be required. The Planning
Board shall consider the particular use proposed by an applicant in
establishing the maximum number of parking spaces.
(b)
Bicycle and motorcycle parking facilities are to be located
in an area of a parking lot convenient to destination entrances and
in highly visible areas to minimize theft and vandalism. Wherever
feasible, the parking should be visible to persons within the building.
(c)
Cycle parking facilities are to be placed on paved surfaces
and well lit.
(d)
Cycle parking must not interfere with pedestrian traffic.
(e)
Cycle parking should be protected from potential damage by other
vehicle traffic.
(f)
A bicycle space shall be at least two feet six inches wide by
six feet zero inches long. Motorcycle and moped parking shall be at
least three feet four inches wide by seven feet zero inches.
(g)
The Planning Board may require signs to identify cycle lots,
instructions for the operation of unfamiliar kinds of bicycle racks
and other requirements as the Board may deem necessary.
E.
Driveways. For reasons of traffic and pedestrian safety, both on-
and off-street, as well as to provide for possible future road widening
or other improvements, all new driveways and sidewalk crossings entering
onto any street shall comply with all requirements of these regulations
and shall be subject to permit approval by the Suffern Department
of Public Works, Rockland County Highway Department or New York State
Department of Transportation for access onto Village, County or state
roads, respectively.
(1)
Driveway width. Unobstructed access to and from a street shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot-wide lane for parking areas with fewer than 30 parking spaces and at least two ten-foot-wide lanes for parking areas with 30 parking spaces or more. No entrance or exit to any off-street parking area shall exceed grades in excess of those permitted in § 228-23E(2) below.
(2)
Driveway gradients.
(a)
The maximum gradient for new access driveways serving uses other
than single-family dwellings shall be 5%.
(b)
Notwithstanding the maximum permitted gradient specified above,
a driveway serving a use other than a single-family dwelling shall
have a platform with a gradient not greater than 3% within 50 feet
of the center line of the traveled way of the street or within 25
feet of the right-of-way line of the street, whichever distance is
greater.
F.
Delivery and loading facilities. Separate access should be provided
for delivery vehicles. Circulation systems for deliveries should be
designed to avoid interference with automobile and pedestrian movements
or with high turnover parking. Loading areas should be located preferably
to the rear of buildings, away from areas of pedestrian movement and
screened from view of parking areas, adjacent properties or adjacent
streets.
G.
Parking area details to be shown on site plans.
(2)
Parking end islands. All parking areas end islands should be designed
and constructed in accordance with the detail illustrated in Attachment
P,[5] and said detail, where applicable, should be shown on
all Detail Plan Sheets (Sheet No. 4).
[5]
Editor's Note: Attachment P is located at the end of this
chapter.
(3)
Parking for handicapped persons. All site plans shall conform where
applicable. Parking spaces designated for the handicapped shall be
posted with a standard sign (Refer to Attachment Q.[6]) as illustrated on the Detail Plan Sheet (Sheet No. 4).
[6]
Editor's Note: Attachment Q is located at the end of this
chapter.
(4)
Fire lanes and zones. All fire lanes or zones (Refer to Attachment
R.[7]) shall be shown on the Planimetric Site Layout Sheet (Sheet
No. 1) and should be clearly labeled, dimensioned and marked with
a sign. (Refer to Attachment S.[8]) The applicant's professional licensed engineer or land
surveyor shall meet with the Fire Inspector of the Village of Suffern
and/or the Fire Department to determine their requirements, which
shall be shown on this drawing insofar as they are external to the
building.
H.
Deferment of full improvement of off-street parking. Where the Planning
Board determines that the immediate use of any property may not require
the full initial improvement of all off-street parking and loading
facilities, the Planning Board may waive the initial improvement of
not more than 1/3 of the required number of spaces, provided that
the total number of spaces is shown on the approved plan. The area
shall be reserved for future use and shall be graded for parking in
accordance with the approved plan. All such reserved land shall be
landscaped in accordance with the approved landscaping plan until
the reserved spaces may be required to be improved. Reserved spaces
shall be improved within six months of the date of a written notice
from the Planning Board that such spaces have been determined to be
necessary. Appropriate written guaranties to the above shall be provided
by the owner and approved by the Village Attorney. The deferment of
parking spaces shall not apply to properties within the CB District.
I.
Fee in lieu of parking spaces. In the CB District, for any change or increase in the intensity of use or any increase in the gross floor area requiring the provision of additional off-street parking spaces the applicant may request permission to make a cash payment in lieu of some or all parking as set forth in § 266-38 of the Village of Suffern Zoning Law.[9]
A.
General standards. All properties subject to site plan review shall
be landscaped with appropriate trees, shrubs and other plant materials
and ground cover, as approved by the Planning Board, to assure the
establishment of a safe, convenient, functional and attractive site
plan requiring a minimum of maintenance. The following are general
standards for landscaping:
(1)
Plant materials shall be nursery grown and selected according to
hardiness and ability to withstand highway salt conditions.
(2)
Spaces to receive plant materials shall have a minimum inside width
of six feet, except that where vehicle overhang is permitted, a ten-foot
inside width shall be required.
(3)
Loose materials, such as wood mulch and stone aggregate, shall be
spread within a landscaped space at a level not to exceed one and
1/2 inches below top-of-curb.
(4)
Areas that will receive continued pedestrian movement shall be paved.
(5)
Landscape plans shall be designed by a licensed landscape architect
who shall certify as to plant hardiness and shall provide as-built
plans to the Building Inspector and Planning Board of the completed
project. The applicant's landscape architect who prepared and certified
the landscape plan approved by the Planning Board shall supervise
construction and installation of the landscape materials. Before the
issuance of a certificate of occupancy, there shall be filed with
the Building Inspector and the Planning Board an affidavit of the
registered landscape architect stating that the deponent has examined
the approved plans, that the landscaping has been installed in accordance
with approved plans and that the landscaping complies with these regulations
except insofar as variations therefrom have been legally authorized.
Such variations and the reasons therefor shall be specified in the
affidavit.
(6)
The minimum landscape requirements for any use requiring site plan
approval are a general guide only and may be modified by the Planning
Board where, due to special characteristics of the project site, the
proposed use, surrounding area or buildings and structures, such changes
are necessary to ensure compatibility and conformance with other standards
or criteria of these regulations.
B.
Traffic movement. In areas where landscape materials are used to
define paths of traffic movement, the following guidelines shall be
used:
(1)
Plant materials shall consist of upright juniper or yew, barberry,
firethorn, evergreen euonymus or equivalent approved by the Planning
Board.
(2)
Plants shall be selected to achieve not more than three feet mature
height. Planting height shall be 18 to 24 inches.
(3)
Plants shall be spaced to create a compact hedge border at time of
planting.
(4)
As an alternate, street trees may be used. Trees shall be approved
by the landscape architect, have a caliper of 3 1/2 to four inches
and be spaced 20 feet on center. Street trees shall consist of sugar
maple, norway maple, red oak, little leaf linden, green ash, london
plane or equivalent approved by the Planning Board.
(5)
Planting beds shall be covered with the following material:
(a)
Licorice mulch or approved equivalent at four inches minimum
depth.
(b)
Stone aggregate at three inches minimum depth, minimum one-inch
stone.
(c)
Where pedestrian cross traffic is evident, a paving material
shall be used, such as paving blocks set in sand with tight joints
or Epoxy-Rok or equivalent.
C.
Parking areas. In areas where landscape materials are used to complement
parking areas, the following guidelines shall be used:
(1)
Forty-foot planting islands at the end of or within parking bays
shall contain the following materials:
(a)
Honey locust, with a caliper of 3 1/2 to four inches, planted
20 feet on center.
(b)
Other columnar varieties may be substituted upon Planning Board
approval.
(c)
Trees with low-growing branches, gum or moisture, seeds or pods
shall be avoided.
(d)
Branching of trees shall begin at a height no less than six
feet and no greater than 12 feet.
(2)
Areas under shade trees shall be planted with horizontal juniper
or other ornamental evergreens of comparable growth habit. Plant material
shall have an eighteen-to-twenty-four-inch spread and shall be spaced
18 inches on center.
(3)
Planting beds shall be covered as in § 228-24B(5) of these regulations.
D.
Entrance definition. Where landscape materials are used to define
the point of entrance to a commercial facility, the following guidelines
shall be used:
(2)
Design may be a natural or formal setting; however, plant height
shall not interfere with required sight distance.
(3)
Planting beds shall be covered as in § 228-24B(5) of these regulations.
E.
Pedestrian areas. Where landscape materials are used to complement
areas intended for pedestrian activity, the following guidelines shall
be used:
(1)
Pedestrian areas shall be paved with concrete or paving block. Areas
to be paved shall be tamped or underlain with gravel.
(2)
In order to minimize large areas of paving, landscape features, such
as two-to-three-foot earth mounds and planters, shall be used.
(3)
Plant materials shall consist of a variety of evergreen and deciduous
shrubs and trees selected from the following:
(4)
Planting beds shall be covered with a licorice mulch or approved
equivalent at four inches minimum depth.
F.
Buffer screening. The approval of any use in a business or industrial
district or any nonresidential use in any residence district shall
include provisions for a buffer screening area at least 10 feet in
width along any lot line abutting or, if determined necessary by the
Planning Board, directly across the street from any lot in a residence
district. This requirement may be waived by the Planning Board in
situations where it determines that large distances, topographic features
or existing vegetation satisfy the same purpose. Where landscape materials
are used for buffer screening purposes, the following guidelines shall
be used:
(1)
Where sufficient space is available, a dense screen of evergreen
plant materials shall be used.
(3)
Plant materials shall be eight feet to 10 feet in height when planted
and shall be spaced to form an opaque screen either in a single row
or in multiple rows with alternate spacing.
(4)
Where limited space is available, stockade or other approved fence
may be used in conjunction with climbing or similar plantings trained
to grow in a flat plane along a surface.
G.
Natural areas. Where landscape materials are used primarily to beautify
otherwise vacant spaces, the following guidelines shall be used:
(1)
Planting varieties shall be the same as § 228-24E(3) and 228-24E(4) of these regulations.
(2)
Where practical, earth forms should be used such as two-to-three-foot
landscaped mounds.
(3)
Planting bed cover: same as § 228-24E(4) or, as an alternate, sod may be substituted.
H.
State highway rights-of-way. Where landscape materials are used to
complement areas within a state highway right-of-way, the following
guidelines shall be used:
A.
General standards. Adequate lighting shall be provided on each site
to ensure safe movement of persons and vehicles and for security purposes.
Lighting fixtures and standards shall be of a type approved by the
Planning Board. All lighting shall be designed and arranged so as
to preclude or minimize glare and reflection on adjacent properties
and streets. The Planning Board may impose reasonable hours of operation
should lighting fixtures negatively impact adjacent properties. No
floodlights in excess of 100 watts shall be installed without specific
written permission from the Planning Board.
B.
Design standards. The following design standards shall be followed
on all site plans:
(1)
The style of the light and light standards shall be consistent with
the architectural style of the principal building.
(2)
The maximum height of freestanding lights shall be no higher than
the height of the principal building but shall not exceed 18 feet.
The maximum height may be increased to 25 feet in large parking areas
where the Planning Board finds that such lighting is appropriate and
where such increased height will not be a disturbance to neighbors.
(3)
The source of illumination shall be so shielded that it is not visible
beyond the boundaries of the lot on which it is located.
(4)
All lights shall be shielded to restrict the maximum approximate
angle of the cone of illumination to 150°.
(5)
Where lights may be visible from adjacent residences or public streets,
the lights shall be appropriately shielded to minimize visual discomfort
and impairment of driver and pedestrian vision due to glare.
(6)
Spotlight-type fixtures attached to buildings shall not be permitted.
(7)
Freestanding lights shall be so located and protected as to prevent
damage by vehicles.
(8)
Lighting shall be located along streets, parking areas, at intersections
and where various types of circulation systems merge, intersect or
split, as required by the Planning Board.
(9)
Pathways, sidewalks and trails shall be lighted with suitable low
or pedestrian-type standards.
(10)
Exterior stairways, sloping or rising paths, building entrances
and exits shall be suitably illuminated for safety purposes.
(11)
The lighting intensities listed below shall be used as a general
design guide. The Planning Board may vary these criteria where the
Board finds such a variation is appropriate and where such variations
will not be a disturbance to neighbors.
A.
Purposes.
(1)
The effective use of signs as a means of communication in the Village
shall be encouraged.
(2)
The Village's aesthetic environment shall be maintained and enhanced.
(3)
The Village's ability to attract sources of economic development
and growth shall be stimulated through attractive streetscapes.
(4)
Pedestrian and traffic safety shall be maintained and improved.
(5)
Possible adverse effects of signs on nearby public and private property
shall be minimized.
(6)
A multiplicity of signs cluttering the overall appearance of the
Village shall be discouraged.
(7)
The fair and consistent enforcement of these sign regulations shall
be accomplished.
B.
Sign plan approval required. No sign shall be erected or installed
upon or within any structure or upon any land nor shall any existing
sign be changed until sign plan approval has been obtained from the
Planning Board and a sign permit has been issued by the Building Inspector.
Issuance of sign plan approval shall be conditioned upon conformance
with all applicable provisions of this section. Where an application
for sign plan approval is not part of a site plan application, the
application shall be accompanied by 10 copies of a drawing of professional
quality illustrating: sign dimensions, design, lettering, graphics,
color and material; the location of the sign on the building facade,
window or property and the dimensions of applicable setbacks; and
the location of any existing signs related to the business or property.
A photo of the sign's proposed location shall be submitted, and said
photo shall also depict any establishments adjoining the property,
if applicable. The Planning Board shall render a decision on the sign
application within 30 days of receipt of a complete sign application.
The decision of the Planning Board shall be final. The Zoning Board
of Appeals is not permitted to vary the requirements of this section,
nor any decision of the Planning Board related to signs.
C.
Exempted signs. No permit is required for the following classes of
signs:
(1)
Signs required by duly constituted governmental bodies and their
agencies, where such signs are established in the interest of the
safety, convenience or welfare of the general public. The number and
location of such signs shall be as directed by the governmental agency
having jurisdiction.
(2)
Traffic control signs required for traffic control purposes shown
on an approved site plan or posted pursuant to the order of traffic
control agencies and conforming to the Manual of Uniform Traffic Control
Devices of the New York State Department of Transportation.
(3)
Flags of the national, state, County or Town government; banners
and emblems or name and meeting place signs of civic, philanthropic,
educational or religious organizations or institutions, not exceeding
four square feet.
(4)
Signs and decals pertaining to the tenant's registration with or
membership in a professional organization/affiliation or civic association.
(5)
Temporary signs in any zoning district pertaining to and displayed
during campaigns, drives or events of civic, political, philanthropic,
educational or religious institutions, provided that such signs are
erected not more than four weeks prior to the event and are removed
not later than two weeks after the event.
[Amended 1-8-2007 by L.L. No. 2-2007]
(6)
Memorial plaques, cornerstones, historical tablets and the like.
(7)
Signs required to be maintained or posted by law or governmental
order, rule or regulation, unless specifically prohibited, limited
or restricted.
(8)
Small, nonilluminated signs, not exceeding two square feet in area,
displayed strictly for the direction, safety or convenience of the
public, including signs which identify rest rooms and other similar
facilities or conveniences, parking area and building entrances or
exits, freight entrances or for purposes of indicating the location
of off-street parking areas.
(9)
Signs for customary incidental home occupation, professional office
or studio as permitted in the Village of Suffern Zoning Law,[1] not exceeding two feet in length, nor six inches in height,
indicating the name, d/b/a (doing business as) or profession of such
professional person, as the only display, and such sign may be internally
illuminated, limited to hours of operation of the office or home occupation.
(10)
One temporary, nonilluminated "for sale" or "for rent" sign
for each lot in a residence district, provided that such sign is less
than six square feet in area and is removed promptly when the premises
are sold or rented. Any broker, agent or other person representing
a seller, including the seller himself, maintaining a sign for the
purpose of advertising, including any sign which says "sold," "gone,"
"another sale by _____," or words of similar purport indicating that
the property is no longer available, shall be removed 60 days after
a sales contract between the seller and buyer has been entered into.
(11)
Temporary, nonilluminated "for sale" or "for rent" signs in
nonresidential districts, provided that such signs are not more than
30 square feet in area and are promptly removed when the premises
are sold or rented. One such sign is permitted for each street frontage
of each lot, except that each 500 feet of frontage shall be considered
as separate frontage.
(12)
Temporary construction signs, not exceeding 12 square feet in
area, either affixed to the wall of the building to which they pertain
or to a post identifying the project under construction, participating
designers, contractors or developers, etc. A construction sign shall
not be erected until site or subdivision plan approval has been granted
by the Planning Board. Said sign shall be permitted only during the
construction period of the project and shall be removed immediately
upon completion of the construction or improvement. Said sign shall
conform in all respects to the provisions of these regulations.
(13)
Signs calling attention to a change in the status of a business,
which signs are customarily painted on a window or constructed of
paper, cloth or other light material and attached to, or located within
six feet of the interior side of the window. Said sign shall not be
displayed for more than 90 days. Banners and streamers advertising
the opening of a new business may be permitted up to 30 days after
the date on which the business commences operation and is open to
the public, provided that the applicant has first provided a cash
deposit posted with the Village Clerk for purposes of covering the
cost of removing the banners, streamers and temporary sign in the
event the applicant fails to do same within the designated time period.
The cash deposit shall be refunded upon the applicant's compliance
with these provisions within the time period specified above.
(14)
Signs not visible outside of a building.
(15)
Signs displayed in a window indicating the availability of a
public telephone or notary public and/or the possession of any licenses
normally required to conduct a given business.
(16)
Holiday decorations displayed in season.
(17)
Temporary signs for tag or garage sales, provided that such signs contain the name of the seller and date of the sale, are displayed only seven days prior to the sale and are removed the day after the sale. Such signs are not to be placed upon utility poles in accordance with Chapter 168, Littering, of the Code of the Village of Suffern.
(18)
"No trespassing" signs.
D.
Permitted signs.
(1)
The total sign area permitted for all nonresidential uses and all
special permit uses shall be determined as follows:
(a)
Except for window signs, the total area of all signs shall not
exceed 1 1/2 square feet for each horizontal linear foot of the
front facade of the establishment. The area of each sign shall be
computed as follows:
[1]
For individual signs, the area of a sign shall be computed by
delineating the smallest square, circle, rectangle, triangle or combination
thereof that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
but not including any supporting framework, bracing or decorative
fence or wall when such fence or wall otherwise meets the Zoning Law[2] and is clearly incidental to the display itself. In the
case of a facade or freestanding sign, the entire face shall be measured
in computing the sign area.
[2]
For multifaced signs, the sign area shall be computed by adding
together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back, so that both faces
cannot be viewed from any one point at the same time, and when such
sign faces are part of the same sign structure, the sign area shall
be computed by the measurement of one of the faces.
(b)
If an establishment fronts on a public parking lot, an additional
sign area equal to 50% of the sign area that would be permitted for
a facade sign shall be allowed, provided that the additional sign
area appears on that side of the building visible from the parking
lot. The sign shall be a facade sign meeting all other dimensional
requirements for said type of sign; provided, however, that no sign
shall exceed a maximum dimension of 10 feet in length and two feet
in height.
(2)
Except as may be specifically referred to herein, "establishment"
may refer to a tenant in a multitenant building or to an entire building
if it is owned by or leasable to one tenant.
E.
Prohibited sign types. The use, erection or installation of the following
sign types is prohibited:
(1)
Billboards.
(2)
Roof signs.
(3)
Signs attached to buildings that extend above the roofline.
(4)
Flashing or intermittently illuminated signs. A sign which exhibits
changing light or color effects, even though the intensity of light
may be relatively constant, shall be deemed a flashing sign.
(6)
Searchlights to attract attention to a sign or permitted use.
(7)
Strings of incandescent lights.
(8)
Moving or rotating signs.
(9)
Pennants, streamers, banners or other eye-catching devices.
(10)
Awnings.
(11)
Portable signs, with or without wheels, easel type, A-frame
or other or any sign not permanently affixed to a building or the
ground.
(12)
Inflatable signs and tethered balloons.
F.
General regulations. The following regulations apply to all types
of signs in all districts:
(1)
Illumination. Signs in nonresidential districts may be illuminated,
provided that the source of illumination shall be shielded so that
it is not visible beyond the boundaries of the lot on which it is
located.
(2)
Relationship to a permitted use. All signs must pertain to a use
conducted on the same property on which they are located, except signs
of service groups and religious institutions.
G.
Design standards. The Planning Board, in promulgating site plan regulations,
shall provide for a limitation on the size of the signs, type and
characteristics of illumination, number and location, taking into
consideration the uses on the site and the reasonable requirement
for communicating information to the vehicular or pedestrian traffic.
The Planning Board shall consider the following in granting sign approval:
(1)
Signs must be clearly accessory to the use or uses on the lot on
which they are located, and such signs and lighting must be shown
to be essential to the principal use upon the lot.
(2)
Signs should be a subordinate part of the streetscape.
(3)
The size and content of the sign shall be the minimum essential for
legibility and for the provision of information to patrons or invitees
seeking the particular use described on such sign.
(4)
The sign content shall not hawk or peddle and must clearly provide
only information necessary to identify the use upon the lot.
(5)
Garish colors and materials should be avoided. Signs which have dark
background colors and light letters are preferred in order to minimize
the apparent size of letters within the streetscape.
(6)
The sign shall not be such as to be confused with any traffic signal
or other safety device nor be composed of elements depicting in exaggerated
size or grotesque style the use upon the lot.
(7)
All signs, together with their supporting braces, guys, anchors,
etc., shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or
maintained at all times.
(8)
Awnings and canopies existing prior to the adoption of this chapter
shall be cleaned and repaired four times each year. Upon the establishment's
failure to do so, the Village, upon due notice, may contract to have
the same done. The cost incurred by the Village shall be reimbursed
by the owner.
H.
Removal of existing nonconforming signs.
(1)
Every sign which was nonconforming prior to the adoption of this
chapter shall be discontinued and removed or changed to conform to
these regulations within a time period of one year from the date of
the adoption of this chapter.
(2)
Every sign which is made nonconforming by these regulations and was
conforming prior to the adoption of this chapter shall be discontinued
and removed or changed to conform to these regulations within a time
period of five years from the date of the adoption of this chapter.
If, on applications made at least six months before the expiration
of the period prescribed above for termination of a nonconforming
sign, the Board of Appeals shall find that the period prescribed is
unreasonable or inadequate for the amortization of the value of the
sign thereof, then the Board of Appeals may grant such an extension
of the period prescribed as it shall deem to be reasonable and adequate
for such amortization, provided that no such period of extension shall
exceed 100% of the period prescribed and such extension can be granted
only once for any sign.
(3)
Awnings/canopies legally existing prior to the adoption of this chapter may remain in accordance with the provisions of § 228-26H(1) and (2). A change of business necessitating a change in the awning text or awning fabric containing said text is permitted, provided that the structural supports existing at the time of adoption of this chapter are not changed and sign approval is granted by the Planning Board. Any change of awning shall be subject to the amortization provisions established in § 228-26H(1)and(2).
I.
Enforcement. The erection of a sign not conforming to an approved
sign plan shall be deemed a violation of these regulations. No sign
plan shall hereafter be approved or sign permit issued, except pursuant
to the requirements of this chapter and the Zoning Law.[5] No permit shall be issued for any sign which does not
conform to an approved sign plan or site development plan.
(1)
The Building Inspector or the Code Enforcement Officer shall notify
a property owner by written notice of a sign which has been erected
in contravention of an approved sign plan and any conditions which
have been attached thereto. Said notice shall be sent by certified
mail to the owner of the sign.
(2)
The sign owner shall take down or obtain sign plan approval immediately
in accordance with the procedures contained in these regulations.
If the owner of the nonconforming sign has not met the requirements
of the notice, the Building Inspector, the Code Enforcement Officer
or any authorized agent of the Village shall be authorized to issue
a violation against said owner.
J.
Removal of certain signs. Any sign, including structural supports
or frame, now or hereafter existing, which no longer identifies a
use on the subject premises or which is not being maintained shall
be taken down and removed by the owner, agent or person having the
beneficial use of the building or structure upon which such sign is
found within 10 days after written notification from the Building
Inspector. Upon failure to comply with such notice within the time
specified in such order, the Building Inspector shall issue a violation
to said owner.
K.
Unsafe signs. Should a sign be or become insecure or in danger of
falling or otherwise unsafe in the opinion of the Building Inspector,
the owner thereof or person maintaining the same shall, upon receipt
of written notice from the Building Inspector and, in any case, within
five days thereafter, secure the same in a manner to be approved by
the Building Inspector. If such order is not complied with, the Building
Inspector is hereby authorized to cause removal of the unsafe sign,
and any expense incident thereto shall be paid by the owner of the
building, structure or premises on which such sign is located. When
any sign is in such dangerous condition as to be immediately dangerous
to the safety of the public, the Building Inspector is hereby authorized
to take such action as in his opinion shall be necessary to protect
the public or property. The cost of the removal shall be borne by
the owner of the property on which such sign was erected and shall
become a lien upon such property until paid.
L.
Conformance to Village plan. Signs shall conform to any Village Design
Plan for signs, which plan may be adopted by the Planning Board as
an overall guide to signs in a specific area or district, including
a facade design study.
M.
Adjustment of sign regulation. The Planning Board may adjust the
requirements for a particular sign, including prohibited signs, where
it finds that they may be impractical due to existing conditions,
such as the size or location of existing structures, existing vegetation,
topographic conditions and any benefits gained, such as the reduction
of a nonconformity, provided that any such modification will not have
the effect of nullifying the intent and purpose of the Zoning Law,[6] the Village Development Plan or the Official Map of the
Village. In allowing any modification, the Planning Board shall attach
such conditions as are, in its judgment, necessary to secure the objectives
of the standards or requirements so modified.