A.
Conformity required. No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this Zoning Law.
B.
Minimum requirements. In interpreting and applying this Zoning Law,
the requirements contained herein are declared to be the minimum requirements
necessary for the protection and promotion of the public health, safety,
morals, comfort, convenience and general welfare.
A.
Other applicable codes standards and regulations. There are many
other applicable codes, standards and regulations of the Village of
Suffern, Rockland County, and New York State in addition to this Zoning
Law. These include the Subdivision Regulations,[1] Site Plan Regulations,[2] the State Environmental Quality Review Act,[3] the New York State Uniform Fire Prevention and Building
Code and the Plumbing Code.
B.
Conflicting standards. This Zoning Law shall not be deemed to affect
in any manner whatsoever any easements, covenants or other agreements
between parties. Where this Zoning Law imposes a greater or lesser
restriction upon the use of buildings or land or upon the erection,
construction, establishment, movement, alteration or enlargement of
buildings than are imposed by other zoning laws, rules, regulations,
licenses, certificates or other authorizations, the more restrictive
requirements shall prevail.
A.
Continuing existing uses, buildings and structures.
(1)
Except as otherwise provided herein, the lawfully permitted use of
lands or buildings and the lawfully permitted existence of buildings
or structures at the time of the adoption of this Zoning Law may be
continued although such use, building or structure does not conform
to the standards specified in this Zoning Law for the district in
which such lands, buildings or structures are located. Similarly,
except as otherwise provided herein, whenever a zoning classification
or the restrictions affecting property within a district shall be
changed hereafter so as to render nonconforming a use, building or
structure then presently or theretofore lawfully existing, such use,
building or structure may nevertheless continue subject to the conditions
set forth below. Said use shall be deemed nonconforming, and said
buildings and structures shall be deemed to possess noncomplying bulk.
(2)
Any use lawfully in existence as of the effective date of this Zoning
Law which is by this Zoning Law made a special permit use in the district
in which it is located shall be presumed to have a special permit
to the extent such use is legally conforming as of the date immediately
prior to the effective date of this Zoning Law. Any further extension
of such use shall require approval as an amendment to the special
permit.
B.
Nonconforming use of land, buildings or structures.
(1)
Except as otherwise provided herein, the nonconforming use of land
may be continued; provided, however, that no such nonconforming use
shall be physically enlarged or intensified, nor shall it be extended
to occupy a greater area of land than that occupied by such use at
the time of the adoption of this Zoning Law, unless specifically allowed
by other provisions in this Zoning Law, nor shall any such nonconforming
use be moved in whole or in part to any other portion of the lot or
parcel of land occupied by such nonconforming use at the time of the
adoption of this Zoning Law.
(2)
A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged, extended or altered structurally unless the use therein
is changed to a conforming use or to conform to an order of the Building
Inspector to correct an unsafe condition.
(3)
No nonconforming use of a building or structure shall be enlarged
or extended.
(4)
No nonconforming use shall be changed to another nonconforming use, except as provided in § 266-14E of this Zoning Law.
(5)
If a nonconforming use ceases operation for any reason for six continuous
months during any twelve-month period or is changed to a conforming
use for any period of time, any future use of the land, building or
structure shall be in conformity with the provisions of this Zoning
Law. Substantial cessation of activities consistent with or required
for the operation of such nonconforming use or substantial vacancy
of the building or structure in which the nonconforming use was conducted,
together with substantial cessation of activities consistent with
or required for the operation of such nonconforming use, shall be
deemed to constitute a discontinuance thereof within the meaning of
this Zoning Law, irrespective of whether an intention to abandon the
nonconforming use may exist.
(6)
If any building or structure in which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building or structure was located and the subsequent
use of any building or structure thereon shall be in conformity with
the standards specified by this Zoning Law for the district in which
such land is located.
C.
Noncomplying bulk. A building or structure that is conforming in
use but does not comply with the lot dimension, yard dimension, height,
building coverage, off-street parking, loading or similar bulk requirements
of this Zoning Law shall be deemed to possess noncomplying bulk. No
permit shall be issued that will result in the increase of any such
noncompliance, but any building or structure or portion thereof may
be altered to decrease its noncomplying bulk.
D.
Reconstruction.
(1)
Should a building or structure, the use of which or the use of a
portion of which is nonconforming or which possesses noncomplying
bulk, be destroyed or damaged by any means to an extent of 50% or
more of the replacement cost of the building or structure used in
connection therewith at the time of the reconstruction, it shall not
thereafter be reconstructed or used except in conformity with the
provisions of this Zoning Law.
(2)
Should a building or structure, the use of which or the use of a
portion of which is nonconforming or which possesses noncomplying
bulk, be destroyed or damaged to an extent of 50% or less of the replacement
cost of the building or structure, exclusive of and and foundation,
used in connection therewith at the time of the reconstruction, it
may be reconstructed and any accompanying nonconforming use continued,
provided that the reconstruction is commenced within one year of the
date of such damage, and further provided that it shall be reconstructed
in accordance with a plan approved by the Planning Board, where the
Planning Board has original jurisdiction, so as to result, where reasonable,
in greater conformity with this Zoning Law.
E.
Change to other nonconforming use. On application, any nonconforming
use of land, buildings or structures may be changed to another nonconforming
use, upon approval by the Board of Appeals, based upon a finding that
the proposed use is more appropriate to the district than the existing
nonconforming use. In permitting such change, the Board of Appeals
may impose whatever conditions and safeguards it may deem necessary
or appropriate, including site plan approval by the Planning Board
to further the purposes of this Zoning Law.
F.
Improvement of nonconforming uses. In order that nonconforming uses
may gradually be brought into greater conformity with this Zoning
Law and the adverse external effects of such nonconforming uses may
be reduced, the owner of the land, building or structure so used may
be permitted to make limited changes to such building, structure or
use in conjunction with a site plan approval whereby, through landscaped
screening and buffer areas, control of noise, smoke, odors, lighting,
architectural changes, location and layout of parking areas and access
drives or by any other appropriate means, these purposes may be achieved.
An application for approval for such plan shall be made to the Planning
Board which may then grant approval or approval with modifications,
provided that they find that the purposes of this section shall be
met.
G.
Residential uses in the PO-15 District.
(1)
As-of-right residential uses lawfully existing at the date of adoption
of this section of the Zoning Law in the PO-15 District are deemed
to be permitted as-of-right.
(2)
Extension or enlargement. To the extent that the district bulk regulations
permit, on application to and with the approval of the Board of Appeals,
a nonconforming, lawfully preexisting, residential use may be extended
up to, but not exceeding, a fifty-percent increase in its floor area.
However, it may not be extended for the purposes of accommodating
an additional family.
H.
Prohibited uses. The uses listed below are prohibited in the Village
of Suffern and for which the Zoning Board of Appeals shall not grant
use variances.
(1)
Manufacturing uses involving primary production of the following
products from raw materials:
(a)
Asphalt, cement, charcoal and fuel briquettes.
(b)
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 hydrochloric, nitric, phosphoric, picric and sulfuric
acids.
(c)
Coal, coke and tar products, including gas manufacturing; explosives;
fertilizers; gelatin, glue and size, animal.
(d)
Linoleum and oilcloth; matches; paints, varnishes and turpentine.
(e)
Rubber (natural or synthetic); soaps, including fat rendering;
starch.
(2)
The following processes: nitrating of cotton or other materials;
milling or processing of flour, feed or grain; magnesium foundry;
reduction, refining, smelting and alloying of metal or metal ores;
refining secondary aluminum; refining petroleum products, such as
gasoline, kerosene, naphtha, lubricating oil, distillation of wood
or bones; reduction and processing of wood pulp and fiber, including
paper mill operations.
(3)
Operations involving stockyards and slaughterhouses, grain elevators,
slag piles and keeping, breeding and raising of livestock for commercial
purposes.
(4)
Bulk or wholesale storage of gasoline aboveground and 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 is stored in any one magazine.
(5)
Dumps and junkyards, except those owned and operated by the Village.
(6)
Incineration of waste materials, except in plants owned and operated
by the Village.
(7)
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, radioactivity, electromagnetic emission or any other factor
that is dangerous to the comfort, peace, enjoyment, health and safety
of the area and the community.
(8)
Water towers or water tanks, except those owned and operated by the
Village or unless they are accessory to a principal industrial or
laboratory office use in a PLI or M District.
(9)
Heliports or aircraft landing and takeoff facilities of any description,
excepting helipads as provided in this Zoning Law. This prohibition
also applies to the use of any open land or water body whether or
not improved for such use.
A.
Lot for every building. Every building hereafter erected shall be
located on a lot and there shall be no more than one main building
and its accessory buildings on one lot, except for multifamily and
nonresidential buildings in districts where such uses are permitted.
Where more than one principal building is permitted on the same lot,
a principal building shall be separated from other principal buildings
by a minimum distance of 15 feet or a distance equal to the height
of the shorter. All buildings, whether principal or accessory, permanent
or temporary, on the same lot shall be separated by a minimum distance
of 10 feet.
B.
Subdivision of a lot. In the event of a subdivision of a lot containing
an existing building, both the existing building and any proposed
buildings shall conform to the requirements of this Zoning Law.
C.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this Zoning Law to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this Zoning Law apply as provided in § 266-54E of this Zoning Law.
D.
Obstructions to vision at intersections in residential districts.
At the intersection of two or more streets in a residential district,
no fence, wall, structure, shrubbery or other obstruction shall be
erected or placed on any part of that area that would obscure a clear
sight line within the triangular area formed by the designated street
line and a straight line between two points, each a minimum of 25
feet back from the intersection of the designated street line prolonged.
In the event there is no designated street line, the right-of-way
line shall be used.
E.
New buildings on lots smaller than minimum required area. A permit
may be issued for the erection of a building for a permitted use on
a lot for which a valid conveyance has been recorded prior to the
adoption of this Zoning Law, notwithstanding that the area or dimensions
of such lot are less than that required for the district in which
such lot is located, provided that:
(2)
All yard setbacks and other building related requirements which are
in effect at the time of the obtaining of the building permit are
complied with.
(3)
The ownership of such lot was not the same as any other lot or lots
contiguous thereto at the time of the adoption of this Zoning Law
or any predecessor thereto which occasioned the substandard condition.
If the opposite is the case, such other lot or lots, or so much thereof
as may be necessary, shall be combined with the first-named lot to
make one or more conforming lots.
(4)
Where the required area or dimensions of lots are changed by an amendment
to this Zoning Law, any lot legally in existence on that date not
in contiguous ownership and made nonconforming by such amendment may
be built upon as provided in this section.
F.
Yard for every building. No yard or other open space provided for
any building for the purpose of complying with the provisions of this
Zoning Law shall be included as any part of the yard or open space
for any other building. No yard or any other open space on one lot
shall be considered as a yard or open space for a building or any
other lot.
G.
Use of yards.
[Amended 7-21-2003 by L.L. No. 6-2003]
(1)
A single-family or two-family dwelling in any district may have up
to two accessory structures within any required side or rear yard,
provided that no such structures are of the same type or use; such
structures do not contain facilities for water supply or sewage disposal;
and otherwise are not to be utilized as a dwelling, and provided:
[Amended 9-12-2016 by L.L. No. 8-2016]
(a)
Each accessory structure may not exceed 10 feet in median height;
median height shall be measured from the ground to the midpoint between
the top plate of the wall to the highest peak of the roof;
(b)
Each accessory structure must be set back at least five feet
from any side or rear property line; and
(c)
The floor area of each accessory structure shall be not more
than 100 square feet.
(2)
Accessory parking in residential districts. In all residential districts,
off-street parking shall be set back five feet from the side and rear
lot lines. Off-street parking shall not be permitted within the front
yard, except as follows:
(a)
Where a lot is used for a single-family or two-family dwelling,
off-street parking may be permitted in the front yard only within
a paved driveway. Within the front yard, no driveway shall exceed
10 feet in width. Where a driveway gives access to a garage opening(s)
located within the front facade of a dwelling, the driveway width
may exceed 10 feet, but shall not exceed the width of the garage opening(s)
plus one foot on either side of the garage opening(s), or 25 feet,
whichever is less. For purposes of these regulations, the front facade
is any portion of the exterior wall of the dwelling opposite to and
facing the front lot line.
(3)
Accessory parking in nonresidential districts. In any nonresidential
district except the PL1 District, required off-street parking spaces
may be located within a required side or rear yard.
(4)
Accessory loading. Except in the PL1 District, off-street loading
spaces may be located within a required side or rear yard, provided
such spaces do not block access to required off-street parking areas
or required parking spaces.
H.
Yards on corner and flag lots.
(1)
On a corner lot, each lot line which abuts a street shall be deemed
to be a front lot line and the required yard along both lot frontages
shall be a required front yard. The owner shall elect, and so designate
on a site plan, which of the remaining two required yards shall be
the required side yard and which shall be the required rear yard.
(2)
On a flag lot, the area and dimensions of the pole portion of the
lot shall not be used in satisfying any standards contained in the
bulk requirements for the district in which the lot is or will be
located. All yard and setback requirements shall be satisfied on the
flag portion of the lot.
I.
Structural projections permitted into required yards.
(1)
Walls and fences may be allowed in required yards, subject to the requirements of § 266-15K of this Zoning Law.
(2)
An arbor, open trellis, flagpole, unroofed first floor steps or unroofed
terrace shall be permitted in any required yard.
(3)
A retractable awning or movable canopy may project not more than
10 feet into any required yard. All other types of awning are prohibited.
(4)
Cornices or eaves may project not more than 18 inches into a required
yard.
(5)
Window sills or belt courses may project not more than six inches
into a required yard.
(6)
An open fire escape may project not more than six feet into a required
rear yard, but shall not project into any front or side yard.
J.
Exceptions to height limitations. The height limitations of this
Zoning Law shall not apply to:
(1)
Church spires, belfries, cupolas, domes, monuments, observation towers,
chimneys, smoke stacks, derricks, flagpoles, radio towers, masts and
aerials, where such structures do not extend more than 15 feet above
the roof of the building to which they are attached or above the highest
roof on the lot where such structure is freestanding.
(2)
Rooftop bulkheads, elevator penthouses, water towers, water tanks,
monitors, fire towers, hose tower, cooling towers or solar energy
collectors, provided that such features shall not extend more than
15 feet above the roof and the total area covered by such features
shall not exceed 20% of the horizontal area of the roof on which they
are located. Said features shall be concentrated in the same general
location of the rooftop to the maximum extent practicable and shall
be screened by a wall. Where the lot on which they are located is
in or adjacent to a residence district, rooftop features shall be
set back from the edge of the roof at least one foot for each one
foot by which such features exceed the maximum height otherwise specified
for the district in which they are located.
K.
Fences and walls. Fences and walls, including retaining walls, are
permitted within required yards, provided that:
(1)
Such fences or walls do not exceed four feet in height if located
in a required front yard and six feet in height in any other required
yard, except that a fence of not less than 3/4 open construction may
have a maximum height of eight feet where located in a nonresidential
district.
(3)
If any such fence or wall located within a required yard has only
one finished or more attractive side, such side shall face the neighboring
property or street.
(4)
Electrically charged fences, barbed wire, razor wire or cut steel
fences and other fences constructed of sharp materials are not permitted
within residential areas. Barbed wire or cut steel is permitted as
a part of a fence in a nonresidential area, provided that such barbed
wire or cut steel is located at least eight feet above the ground.
L.
Outdoor storage. Except where otherwise specifically permitted, no
outdoor storage of any kind or outdoor display of goods for sale shall
be permitted in any district.
M.
Solar access and energy considerations.
(1)
Solar energy systems, which are devices used to capture the sun's
radiation and transform it into usable heat or electricity, are permitted
as a part of and may be attached to any building.
(2)
Installation of solar energy systems shall require the issuance of
a building permit.
(3)
Access to sunlight for present and potential solar energy systems,
both on and off site, as well as building siting, orientation and
landscaping, shall be considered by all approving agencies as a part
of their review of any application.
N.
Development constraints. In order to limit construction in areas
with developmental limitations, the following requirements shall apply
in all zoning districts:
[Amended 9-25-1996 by L.L. No. 6-1996]
(1)
Utility rights-of-way and designated streets. Not more than 50% of
any land within easements or rights-of-way for overhead utilities
or within a designated street line shall be counted as part of any
minimum lot area requirement. No buildings, structure, yard or land
proposed for prolonged habitual human occupancy shall be located within
the easement; however, a road may traverse the easement.
(2)
Land under water (applicable prior to development). Not more than
50% of the area of that portion of a lot that is proposed to be disturbed
may be counted as part of any lot area if subject to the following:
ponds; freshwater wetlands regulated by the Army Corps of Engineers;
streams under the jurisdiction of the Rockland County Drainage Agency;
areas within the Federal Emergency Management Agency designated one-hundred-year
floodplain; that portion of any freshwater wetland and any one-hundred-foot
control area designated by the New York State Department of Environmental
Conservation. No buildings or structures may be located in such areas.
(3)
Steep slopes (applicable prior to development).
(4)
Rock outcrops (applicable prior to development). Not more than 50%
of the area of that portion of a lot that is proposed to be disturbed
with rock outcrops in excess of 50 square feet may be counted as part
of the lot area of a parcel. No buildings or structures may be located
thereon.
O.
Tents.
[Added 7-21-2003 by L.L. No. 5-2003]
(1)
Tents accessory to residential uses. No tent shall be erected, used,
or maintained on a lot for any purpose other than a small tent customarily
and temporarily used for recreational purposes, e.g., outdoor camping,
and in conjunction with a single- or two-family dwelling on the same
lot. A tent shall not exceed 144 square feet of gross floor area.
Recreational tents shall meet the same yard requirements as accessory
buildings.
(2)
Event tents. Notwithstanding the above, the temporary use of tents
for community, religious, charitable, amusement or recreational purposes
shall be permitted on a temporary basis. In no event shall a temporary
tent for said events be erected for a period of time that exceeds
14 calendar days.
(3)
Tents prohibited. Nothing herein shall permit the erection of a tent
garage on any lot in the Village of Suffern. Any tent erected for
a period of time that exceeds 14 calendar days shall be deemed to
be a tent garage and shall be prohibited.
P.
Temporary storage containers.
[Added 1-7-2019 by L.L.
No. 1-2019]
(1)
Temporary storage containers shall be permitted under the provisions
of this section. Not more than one container shall be allowed per
residential lot. Containers shall not exceed 128 square feet and eight
feet in height. The temporary storage container must be a minimum
of five feet from any side or rear yard property line; in no instance
shall the container be placed in a required front yard, unless in
a permitted driveway, nor shall it be placed in a public right-of-way
or easement.
(2)
A permit is required from the Building Inspector for the placement
of a temporary storage container after being in place for a total
of more than 14 days in any 180-day period. The permit shall authorize
such container to remain for a period not to exceed 30 days thereafter.
(3)
Upon application made within five days of the expiration of the permit specified in Subsection P(2), the Building Inspector may grant a permit to extend the initial thirty-day time period for an additional 180 days, provided the applicant has a valid and existing building permit for construction activities at the property, or applies for such a building permit simultaneously with the application for an extension.
(4)
No permit shall be issued for another temporary storage container
for the same residential lot until two years from the issuance of
a previously issued permit, except if the ownership of the lot changes.
(5)
The permit must be displayed in a conspicuous place on the temporary
portable storage container.
(6)
Any person who shall violate the provisions of this section by failing to obtain a permit and/or by placing or permitting any container to be situated on a residential lot in violation of this section, including providers of such containers, or in violation of an issued permit shall be considered to be in violation of the Zoning Code, subject to penalty as per § 266-15 of the Zoning Code, in addition to revocation of the permit, if applicable. The fee for the permit for the temporary storage container shall be established as per Village Board resolution.
Q.
Dumpsters.
[Added 1-7-2019 by L.L.
No. 1-2019]
(1)
Dumpsters shall be permitted under the provisions of this section.
Not more than one dumpster shall be allowed per one- or two-family
residential lot. Dumpsters shall not have capacity greater than 30
yards. The dumpster must be a minimum of five feet from any side or
rear yard property line; in no instance shall the dumpster be placed
in a required front yard, unless in a permitted driveway, nor shall
it be placed in a public right-of-way or easement. Dumpsters must
be properly maintained and emptied or replaced when capacity has been
reached. Dumpsters may only be used for disposal purposes, and not
for storage of materials or property.
(2)
A permit is required from the Building Inspector for the placement
of any dumpster whose capacity is two yards or greater, after being
in place for more than 14 days in any 180-day period. The permit shall
authorize such dumpster to remain for a period not to exceed 90 days
thereafter.
(3)
No permit as set forth in this section shall be required for placement of a dumpster on a one- or two-family residential lot provided the dumpster is placed and used in accordance with a properly issued and active building permit that has been issued by the Building Inspector for construction or demolition activities at the property at which the dumpster is located, and in accordance with the requirements of Subsection Q(1) hereof. The Building Inspector may order removal of a dumpster as provided for in this section if the work permitted to be conducted pursuant to the building permit is not ongoing or otherwise in violation of the building permit.
(4)
No permit shall be issued for another dumpster for the same residential
lot until two years from the issuance of a previously issued permit,
except if the ownership of the lot changes.
(5)
The permit must be displayed in a conspicuous place on the dumpster.
(6)
Any person who shall violate the provisions of this section by failing to obtain a permit and/or placing or permitting any dumpster to be situated on a residential lot in violation of this section, including providers of such dumpsters, or in violation of an issued permit, shall be considered to be in violation of the Zoning Code and subject to penalty as per § 266-15 of the Zoning Code, in addition to revocation of the permit, if applicable. The fee for the permit for the dumpster shall be established as per Village Board resolution.
A.
Conformance required. No special permit use or nonresidential use
shall hereafter be established, altered, moved or expanded unless
it complies with the performance standards set forth in this section.
Continued conformance with such standards shall be a requirement for
the continuance of any certificate of occupancy or certificate of
use. Central utility systems serving three or more dwelling units,
including, but not limited to, systems providing heat, water, air-conditioning,
sewage treatment, garbage collection and electrical power, shall be
deemed to be nonresidential uses for the purposes of this section.
B.
Purposes. Consistent with the general purposes of this Zoning Law,
performance standards shall set specific controls on potentially objectionable
external aspects of nonresidential uses so as to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or other atmospheric pollutants outside the building in which
the use is conducted.
(2)
Prevent the discharge of untreated or insufficiently treated wastes
into any watercourse.
(3)
Prevent the dissemination of vibration, heat, noise or electromagnetic
interference beyond the immediate site on which the use is located.
(4)
Prevent physical hazard by reason of fire, explosion, radiation or
any similar cause.
C.
Standards for noise.
(1)
Method of measurement. For the purpose of measuring the intensity
and frequencies of sound, sound level meters and octave band filters
shall be employed. Octave band analyzers calibrated with pre-1960
octave bands (American Standards Association Z24.10-1953, Octave Band
Filter Set) shall be used. Sounds of short duration, which cannot
be measured accurately with the sound level meter, shall be measured
with an impact noise filter in order to determine the peak value of
the impact.
(2)
Maximum permitted sound pressure level. The decibels resulting from
any activity, whether open or enclosed, shall not exceed at any point,
on or beyond any lot line, the maximum decibel level for the designated
octave band as set forth in the following table, except that where
the lot lies within 200 feet of a residence district, whether within
or without the Village, the maximum permitted decibel level at any
point on or beyond the district boundary shall be reduced by six decibels
from the maximum permitted level set forth in the table, and further,
except that such reduction shall also apply to any sound emitted between
the hours of 6:00 p.m. and 8:00 a.m., and between 6:00 p.m. and 10:00
a.m. on weekends and holidays.
|
Octave Band
(cycles per second)
|
Sound Pressure Level
(decibels)
| |
|---|---|---|
|
0 — 74
|
66
| |
|
75 — 149
|
58
| |
|
150 — 299
|
55
| |
|
300 — 599
|
50
| |
|
600 — 1,199
|
45
| |
|
1,200 — 2,399
|
42
| |
|
2,400 — 4,799
|
38
| |
|
4,800 — 20,000
|
35
|
(3)
Exemptions: The following uses and activities shall be exempt from
the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities
between 8:00 a.m. and 6:00 p.m. on weekdays.
(c)
The noises of safety signals, warning devices, emergency pressure
relief valves or other emergency warning signals.
(d)
Transient noises of moving sources, such as automobiles, trucks,
airplanes and railroads.
D.
Standards for vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a
two-component measuring system approved by the Village Engineer shall
be employed.
(2)
Maximum permitted steady state and impact vibration displacement.
No activity shall cause or create a steady state or impact vibration
on any lot line with a vibration displacement by frequency bands in
excess of that indicated in the following table:
|
Vibration Displacement
(in inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 — 19
|
0.0004
|
0.0008
| |
|
20 — 29
|
0.0003
|
0.0006
| |
|
30 — 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Standards for smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter
shall not be permitted, regardless of quantity, if it will be in any
way detrimental to the public health, safety, welfare or comfort or
a source of damage to property.
(2)
Method of measurement of smoke. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart shall be used to determine the
total smoke units emitted. A reading shall be taken every minute for
an hour. Each reading shall be multiplied by the number of minutes
during which it was observed and the product added.
(3)
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas or other atmospheric pollutant. The emission
of one smoke unit per hour and smoke with discernible density of Number
1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust. No emission of fly ash, dust,
fumes, vapors, gases and other forms of air pollution shall be permitted
which can cause any damage to health, to animals or vegetation or
to other forms of property or which can cause any excessive soiling
of any paint; and in no event shall any emission of any solid or liquid
particles in concentrations exceeding 0.3 grain per cubic foot of
the conveying gas or air at any point be permitted. For measurement
of the amount of gases resulting from combustion, standard corrections
shall be applied to a stack temperature of 500° F. and 50% excess
air.
F.
Standards for odorous matter. No land use shall be permitted which
results in the creation of odors discernible beyond the lot line which
are of such intensity and character as to be detrimental to the health
and safety of the public or which interfere unreasonably with the
comfort of the public.
G.
Standards for toxic matter. No use shall be permitted which will
cause any dissemination whatsoever of toxic or noxious matter beyond
the lot on which the use is conducted or impregnate the soil to a
depth of more than three inches. For the purpose of this section,
"toxic or noxious matter" is defined as any solid, liquid or gaseous
matter, including, but not limited to, gases, vapors, dusts, fumes
and mists containing properties which by chemical means are:
H.
Standards for radiation and electromagnetic interference.
(1)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Nuclear Regulatory Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
(2)
Electromagnetic interference. No operation shall be permitted which
produces any perceptible electromagnetic interference with normal
radio or television reception in any area within or without the Village.
I.
Standards for fire, explosive hazard and heat.
(1)
Fire and explosive hazard. The storage or manufacture of solid materials
or solid products which burn actively, which have a low ignition temperature,
which have a high rate of burning or which create great heat under
ordinary temperature conditions shall be subject to the New York State
Uniform Fire Prevention and Building Code. The storage or manufacture
of explosives is prohibited.
(2)
Heat. There shall be no emission of heat which would cause a temperature
increase in excess of 1° F. along any lot line, whether such change
is in the air, in the ground or in any watercourse or water body.
J.
Standards for liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Rockland County Health Department,
New York State Department of Environmental Conservation, Village of
Suffern or any other regulatory agency having jurisdiction. Facilities
for the storage of solid waste shall be so located and designed as
to be screened from the street or from any adjoining property and
so as to prevent the breeding of rodents or insects.
K.
Procedure.
(1)
In the case of any application for the establishment of a use subject
to the performance standards, the approving authority may require
the applicant, at its own expense, to provide such evidence as it
deems necessary to determine whether the proposed use will conform
to said standards.
(2)
If the approving authority deems it necessary, expert advice may
be obtained, with the cost of such advice paid for in advance by the
applicant as a condition of further consideration of its application.
The report of any expert consultants shall be furnished to the applicant.
(3)
During the review of site plans, special permits, building permits
or appeals before the Zoning Board of Appeals, the approving authority
will determine if the applicant's proposal will conform to the performance
standards.
A.
Purposes. The unmanageable use, alteration of topography, excessive
filling, channel encroachment or other acts affect the natural discharge
of water through floodplains and constitute a threat to the health,
safety and welfare of the inhabitants of the Village of Suffern and
to the economic vitality of the community. The purpose of the Floodplain
District is to protect the health, safety and welfare of the inhabitants
of the Village of Suffern from hazards due to periodic flooding. This
shall include the protection of persons and property, the preservation
of water quality and the minimizing of expenditures for personal loss,
property damage, insurance and flood control projects.
B.
Restrictions. No structure (temporary or permanent), fill for any
purpose, deposit, obstruction, storage of materials or equipment or
other uses shall be permitted which, acting alone or in combination
with existing or future uses, will adversely affect the efficiency
or the capacity of the floodway or increase flood heights, cause increased
velocities or obstruct or otherwise catch or collect debris which
will obstruct flow under flood conditions.
C.
Application to the Planning Board. All uses in the Floodplain District require the issuance of a special permit by the Planning Board pursuant to the requirements of Article VI of this Zoning Law. The Planning Board shall require that the applicant submit a plan certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation and associated flood factors for the particular area. Floodproofing measures may be required for all buildings and structures, other than those which have a low flood damage potential. Such measures may include the following where appropriate:
(1)
Anchorage to resist flotation and lateral movement.
(2)
Reinforcement of walls to resist water pressure.
(3)
Installation of watertight doors, bulkheads and shutters.
(4)
Use of paints, membranes or mortars to reduce seepage of water through
walls.
(5)
Addition of mass or weight to resist flotation.
(6)
Installation of pumps to lower water levels in structures.
(7)
Construction of water supply and waste treatment systems so as to
prevent the entrance of floodwaters.
(8)
Pumping facilities to relieve hydrostatic water pressure on external
walls and basement floors.
(9)
Elimination of gravity flow drains.
(10)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(11)
Raising of structures to or above the necessary flood protection
elevation.
D.
Flood fringe development standards. If the Planning Board finds,
by virtue of engineering data supplied to it by the applicant, that
the area lies in the fringe of the floodway, otherwise known as the
"flood fringe area," the Planning Board shall not grant such special
permit for any use permitted in such an area unless it meets the following
requirements in addition to those otherwise applicable to it under
this Zoning Law.
(1)
New or replacement water supply systems shall be so designed as to
minimize or eliminate infiltration of floodwaters into the system
and discharges from the systems into floodwaters.
(2)
Sanitary waste disposal systems shall be located so as to avoid impairment
of or contamination from the systems during flooding.
(3)
Any structure built on pilings shall be constructed with the lowest
floor elevated to at least one foot above the base flood level; or
(4)
Any structure built on fill shall be constructed so that the first
floor and basement floor are one foot above the base flood elevation.
The fill shall be at a point no lower than one foot below the regulatory
flood-protection elevation at least 15 feet beyond the limits of any
structure or building erected thereon. However, no use shall be constructed
which will adversely affect the capacity of channels or floodways
of any tributary to the main stream, drainage ditch or any other drainage
facility or system.
E.
Floodway development standards. If the Planning Board finds, by virtue of the engineering data supplied to it by the applicant, that the area lies in the floodway, the Planning Board shall not grant such special permit for any use permitted in such an area unless it meets the following requirements in addition to those in § 266-17D of this Zoning Law and those otherwise applicable to it under this Zoning Law.
(1)
Structures shall not be used for human habitation.
(2)
All structures shall have a low flood damage potential, shall be
constructed and placed on the building site so as to offer the minimum
obstruction to the flow of floodwater (i.e., longitudinal axis parallel
to the direction of flood flow and approximately on the same flow
lines as those adjoining structures).
(3)
Structures shall be firmly anchored to prevent flotation, particularly
where damage may result to other structures, or restrictions created
at bridge openings and other narrowing of streams or rivers.
(4)
Service facilities, such as electrical or heating equipment, shall
be constructed at or above the flood protection elevation for the
particular area or shall be floodproofed. Absolute measures will be
required to prevent explosion potential (boilers) or contamination
of floodwaters by toxic chemicals.
F.
Authorization to grant or deny special uses. The special permit uses
listed for this district may be permitted, enlarged or otherwise altered
upon authorization by the Planning Board in accordance with the standards
and protections set forth in this section and such additional standards
as may be set forth for such special uses elsewhere in this Zoning
Law. In permitting a special use or the modification of a special
use, the Planning Board may impose, in addition to those standards
and requirements expressly specified by the Zoning Law, any additional
conditions which the Planning Board considers necessary to protect
the best interests of the surrounding property, the neighborhood and
the Village as a whole. These conditions may include controlling the
location and number of vehicle access points, limiting the number,
size and location of signs and requiring diking, fencing, screening,
landscaping or other facilities to protect adjacent or nearby property.
[Added 11-10-2005 by L.L. No. 8-2005]
A.
Purpose. The purpose of the Critical Environmental Area Overlay District
is to provide an additional measure of review of development proposals
on those remaining undeveloped and underdeveloped lands with sensitive
environmental features, and to encourage flexibility in layout to
best protect sensitive environmental features and to minimize adverse
environmental impacts on neighboring properties or the Village as
a whole.
B.
Objectives.
(1)
To retain areas adjacent to locations subject to frequent flooding
and floodplains in their natural state to the maximum extent possible,
to preserve water quality, to protect water retention capabilities,
and to facilitate recharge of the water table.
(2)
To protect areas generally recognized for vegetative features or
ecological communities, including natural vegetation along lakes,
rivers, floodplains, wetlands and streams, woodlands and stands of
trees.
(3)
To protect and enhance scenic resources, including landscapes, woodlands,
meadows, and other environmental features that have a special scenic
character or an historic or aesthetic interest or value.
(4)
To connect open spaces with each other to the greatest extent possible
to allow for the preservation of habitat and other environmental features.
(5)
To help protect uses that may be dissimilar from one another by providing
wooded buffers to reduce visual and sound impacts and to allow for
increased levels of privacy, particularly for residences adjacent
to public or nonresidential uses.
C.
Application to the Board of Trustees. All uses in the Critical Environmental Area Overlay District require the issuance of a special permit by the Board of Trustees pursuant to the requirements of Article VI of this Zoning Law. The Board of Trustees shall consider the following standards in reviewing applications, but shall not be limited to these standards, and may consider any factor related to the health, safety or general welfare of the residents of the Village of Suffern and, if appropriate, neighboring communities.
(1)
The cluster technique shall be considered for all properties shown
on the Critical Environmental Area Map adopted as part of the Zoning
Law.
(2)
The Planning Board must obtain authorization from the Board of Trustees
for each application for development in the Critical Environmental
Area Overlay District if cluster zoning is to be employed.
(3)
The Planning Board or Board of Trustees may require the use of the
cluster technique for a particular application based on a statement
of the objectives sought to be achieved.
(4)
Areas of utility rights-of-way and designated streets, land under water, steep slopes, wetlands and any required control areas, streams, and rock outcrops shall be excluded from the land areas used for development in the calculation of permitted densities for construction notwithstanding the fifty-percent provision in § 266-15N of the Village Code.
D.
Authorization to grant or deny special uses. The special permit uses
listed for this district may be permitted, enlarged or otherwise altered
upon authorization by the Board of Trustees in accordance with the
standards and protections set forth in this section and such additional
standards as may be set forth for such special uses elsewhere in this
Zoning Law. In permitting a special permit use or the modification
of a special use, the Board of Trustees may impose, in addition to
those standards and requirements expressly specified by the Zoning
Law, any additional conditions which the Board of Trustees considers
necessary to protect the best interests of the surrounding property,
the neighborhood and the Village as a whole. These conditions may
include, but are not limited to, controlling the location and number
of vehicle access points, limiting the amount of site disturbance,
the amount of impervious surface or other measures to protect adjacent
or nearby property. The Board of Trustees shall refer any application
for a special permit for development in the Critical Environmental
Area Overlay District to the Planning Board for its review and recommendation
prior to holding a public hearing on the application.
E.
Bulk requirements. Except as herein noted, the bulk requirements
for the underlying district shall apply, but may be amended by the
Planning Board when the cluster provision is applied, in which case
the site plan or subdivision plat shall bear the conventional and
cluster bulk requirements.
A.
Purpose. It is hereby declared as a matter of public policy that
the protection, enhancement and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded on its past and inasmuch as the Village of Suffern has
many significant historic, architectural and cultural resources which
constitute its heritage, this section is intended to:
(1)
Protect and enhance the landmarks and historic districts which represent
distinctive elements of the Village of Suffern's historic, architectural
and cultural heritage.
(2)
Foster civic pride in the accomplishments of the past.
(3)
Protect and enhance the Village of Suffern's attractions to visitors
and thereby support and stimulate the local economy.
(4)
Ensure the harmonious, orderly and efficient growth and development
of the Village.
B.
Administrative entity. In order to effectuate the purposes declared
in this section, the Planning Board shall be charged with the review
and recommendation of sites for designation as landmarks and historic
districts and shall review all plans for the moving, exterior construction,
alterations or repair, landscaping or demolition of places, sites,
structures or buildings designated as landmarks and all places, sites,
structures or buildings wholly or partly contained within the boundaries
of the historic district.
C.
Procedures for designation of landmarks and historic districts.
(1)
Any person may request the designation of a landmark or historic
district by submitting to the Planning Board an application for such
designation on a form furnished by the Planning Board. The Planning
Board, in addition, may, on its own motion, initiate proceedings for
the designation of a landmark, landmark site or historic district.
In the case of a request for historic district designation, the application
must be agreed to and signed by at least 2/3 of the property owners
within the proposed district.
(2)
In the event the Planning Board decides to entertain an application
for designation, notice that such designation is being entertained
shall be given by the Planning Board to the owner or owners of the
parcel or parcels on which the proposed landmark or historic district
is situated. Notice shall also be given to the owners of all property
within 200 feet of the exterior boundary lines of the subject parcel
or proposed district. Said owner or owners shall have the right to
confer with the Planning Board prior to final action by the Planning
Board on the application.
(3)
The Planning Board shall either recommend approval or disapproval
of an application within 30 days after the receipt of a completed
application. The recommendation may limit itself to the proposed historic
district or landmark as described in the application or may include
modifications thereof.
(4)
If the Planning Board recommends disapproval of the application,
the proceedings with regard to the proposed historic district or landmark
shall terminate. The Planning Board shall make its recommendation
within 30 days. An application that has been denied shall not be resubmitted
for a period of one year from the date of initial filing. The Planning
Board's decision shall be mailed by the Village Clerk to the owners
of the subject property and the Village Board.
(5)
The Village Board shall hold a public hearing on all applications for designation that are recommended for approval by the Planning Board. Such hearing shall occur within 60 days of the recommendation of the Planning Board. Such hearing shall be advertised in accordance with the provisions of § 266-27D of this Zoning Law. The owner or owners of all property within 200 feet of the exterior boundary lines of the subject parcel or parcels or historic district shall be notified in accordance with the provisions contained in § 266-27D.
(6)
The Village Board shall act to approve or disapprove the designation
within 60 days from the close of the public hearing and receipt of
all supporting documentation. Any designation action shall be preceded
by the fulfillment of the requirements of SEQRA.
(7)
The Building Inspector, the Planning Board and the owner or owners
of the subject property shall be notified of the decision of the Village
Board, in writing, by the Village Clerk. If the Village Board approves
a designation, the Village Clerk shall also notify the Tax Assessor
of the Town of Ramapo.
D.
Criteria for judging the creation of historic districts, designation
of landmarks and reviewing plans.
(1)
An individual property may be designated as a landmark:
(a)
If it possesses special character or historic or aesthetic interest
or value as part of the cultural, political, economic or social history
of the locality, region, state or nation; or
(b)
If it is identified with historic personages; or
(c)
If it embodies the distinguishing characteristics of an architectural
style; or
(d)
If it is the work of a designer whose work has significantly
influenced an age; or
(e)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
E.
Regulated activities.
(1)
Upon receipt of notice that the Planning Board is considering a property or building for designation as a landmark or as part of an historic district, the Building Inspector shall not issue any permit for the demolition, alteration or improvement of said property or building for a period of 60 days, commencing upon said notice, unless, prior to the expiration of said time period, there is a final determination by the Planning Board that said property or building has not qualified as a landmark or historic district. If, within said period, the Planning Board has made a recommendation to the Village Board to designate the property in question as a landmark or historic district, no building or demolition permit shall be issued except pursuant to § 266-19G of this Zoning Law.
(2)
The Village Clerk shall be responsible for appropriate public identification
of areas designated as landmarks and historic districts on the Official
Map upon notification that the Village Board has designated a landmark
or historic district. Historic districts shall be also shown on the
Zoning Map.[1] The Planning Board shall approve the size, style, color,
typography, material of construction and wording of all privately
owned signs and identifying landmarks, landmark sites and properties
within historic districts, prior to installation, consistent with
the provisions of this section.
[1]
Editor's Note: The Zoning Map is located in the pocket at
the end of this volume.
(3)
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within
an historic district, nor shall any person make any material change
in the appearance of such property, its light fixtures, signs, sidewalks,
fences, steps, paving or other exterior elements visible from a public
street or alley which affect the appearance and cohesiveness of the
historic district, without first obtaining a certificate of appropriateness
from the Planning Board.
(4)
The Planning Board shall review all plans for the moving, exterior
construction, alterations or repair, landscaping or demolition of
a property or building designated as a landmark or located wholly
or partially within an historic district. It shall be the duty of
the Planning Board to review and approve such plans before the proposed
activity is granted a building permit by the Building Inspector.
F.
Standards for decision.
(1)
In passing upon an application for a certificate of appropriateness,
the Planning Board shall not consider changes to interior spaces,
unless they are open to the public, or to architectural features that
are not visible from a public street or alley. The Planning Board's
decision shall be based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic district features
altered as little as possible.
(b)
Any alteration of existing properties shall be compatible with
their historic character, as well as with the surrounding district.
(c)
New construction shall be compatible with the district in which
it is located.
(2)
In applying the principle of compatibility, the Planning Board shall
consider the following factors:
(a)
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(b)
The scale of the proposed alteration or new construction in
relation to the property itself, surrounding properties and the neighborhood.
(c)
Texture, materials and color and their relation to similar features
of other properties in the neighborhood.
(d)
Visual compatibility with surrounding properties, including
proportion of the property's front facade, proportion and arrangement
of windows and other openings within the facade, roof shape and the
rhythm of spacing of properties on streets, including setback.
(e)
The importance of historic, architectural or other features
to the significance of the property.
G.
Certificate of appropriateness application procedure.
(1)
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Planning Board. The application shall contain the following,
unless waived by the Planning Board on the basis of its nonapplicability
to the proposed action:
(a)
The name, address, location and telephone number of the applicant.
(b)
Location and photographs of the property.
(c)
Elevation drawings of proposed changes.
(d)
Perspective drawings, including relationship to adjacent properties.
(e)
Samples of colors or materials to be used.
(f)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of the materials to be used, method of illumination
and a plan showing the sign's location on the property.
(g)
Any other information which the Planning Board may deem necessary
in order to visualize the proposed work.
(2)
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Planning
Board. The certificate of appropriateness required by this Zoning
Law shall be in addition to and not in lieu of any building permit
that may be required by any other zoning law of the Village of Suffern.
(3)
The Planning Board shall review the application in accordance with
the provisions of this section. In reviewing the plans, the Planning
Board may confer with the applicant or his authorized representative
concerning the application.
(4)
The Planning Board shall call a public hearing on said application within 60 days subsequent to the filing of the application, which hearing shall be advertised in accordance with the provisions of § 266-27D of this Zoning Law.
(5)
The Planning Board may call witnesses, including historians, archaeologists,
architects, engineers, planning consultants or other experts, and
may introduce other evidence at such hearing. In considering any such
application, the Board shall bear in mind the purpose of this section
and shall give consideration to any report of local historical societies
and advice of the Village Historian relating to the general design,
arrangement, architectural style, texture, material and colors of
the building or structures in question, the location on the plot of
ground and the relation of such features to other buildings, structures,
trees or other forms of growth, landmarks, public or private roads
and all other such factors pertaining to the renovation, installation
or conservation of any building or improvement which would be obviously
incongruous with the historic aspects of the surrounding area.
(6)
The Board shall approve, modify and approve or disapprove such plans
within 60 days after receipt of a complete application. The decision
of the Planning Board shall be in writing. A copy shall be sent to
the applicant by registered mail and a copy filed with the Village
Clerk.
(7)
The determination of the Planning Board shall set forth the reasons
for such determination. The Planning Board shall give notice of any
such determination to the applicant. Such notice shall include a copy
of such determination. Any such determination may prescribe conditions
under which the proposed work shall be done, in order to effectuate
the purposes of this section, and shall include recommendations by
the Board as to the performance of such work. The Planning Board shall
promptly transmit notice of such determination to the Building Inspector.
H.
Hardship criteria.
(1)
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply to the Planning Board for relief
on the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return.
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(2)
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
I.
Hardship application procedure.
(1)
After receiving notification from the Planning Board of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No building permit or demolition permit shall be
issued unless the Planning Board makes a determination that a hardship
exists.
(2)
The Planning Board may hold a public hearing on the hardship application
at which an opportunity will be provided for proponents and opponents
of the application to present their views.
(3)
The applicant shall consult in good faith with the Planning Board,
local preservation groups and interested parties in a diligent effort
to seek an alternative that will result in the preservation of the
property.
(4)
All decisions of the Planning Board shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Village Clerk. The Planning Board's decision shall state the reasons
for granting or denying the hardship application.
J.
Building permits issued and enforcement.
(1)
The Building Inspector shall not grant a building permit until such
time that a certificate of appropriateness or certificate of hardship
has been granted by the Planning Board. In no case shall a permit
be issued prior to site plan approval by the Planning Board.
(2)
All work performed pursuant to a certificate of appropriateness issued
under this Zoning Law shall conform to any conditions included therein.
It shall be the duty of the Building Inspector to inspect periodically
any such work to assure compliance. In the event that work is found
that is not being performed in accordance with the certificate of
appropriateness or upon notification of such fact by the Planning
Board, the Building Inspector shall issue a stop-work order and all
work shall immediately cease. No further work shall be undertaken
on the project as long as the stop-work order is in effect.
K.
Maintenance and repair of landmarks, landmarks sites or structures
in historic districts.
(1)
Nothing in this Zoning Law shall be construed to prevent ordinary
maintenance or repair with like materials of similar quality and color
of any place, site, structure or building designated as a landmark
or landmark site or any property located wholly or partly within the
boundaries of an historic district.
(2)
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of an exterior architectural feature which would,
in the judgment of the Planning Board, produce a detrimental effect
upon the character of the historic district as a whole or the life
and character of the property itself.
L.
Enforcement of directives against unsafe conditions. This section
shall not apply in any case where the Building Inspector or any authorized
Village enforcement agency orders or directs the construction, removal,
alteration or demolition of any improvement on a landmark site or
in an historic district for the purpose of remedying conditions determined
to be unsafe or dangerous to the life, health or property of any person.
M.
Violations. Failure to comply with any provisions of this section shall be deemed a violation and the violator shall be fined in accordance with the regulations contained in § 266-51 of this Zoning Law.
N.
Appeals. Any person aggrieved by a decision of the Planning Board
relating to hardship or a certificate of appropriateness may, within
30 days of filing the decision with the Village Clerk, commence an
Article 78 proceeding.
A.
All required front yard depths and all maximum heights based on front lot lines contained in § 266-23 of this Zoning Law shall be measured from a line hereby established as the designated street line, which shall be parallel to the street center line and at the distance from such street center line specified below for each street classification as established for each street on the Official Map of the Village of Suffern, except as otherwise provided herein:
|
Street Classification
|
Distance of Designated Street Line from Street Center
Line
(feet)
| |
|---|---|---|
|
Major
|
40
| |
|
Secondary
|
30
| |
|
Collector
|
25
| |
|
Local
|
25
|
B.
In order to maintain a pedestrian oriented environment and a consistent
streetscape along the segment of Lafayette Avenue between Washington
Avenue and Orange Avenue, the Planning Board may establish a front
building line at any point between the edge of the right-of-way and
otherwise required setback in the zoning district.
The Board of Trustees, pursuant to § 7-738 of the
Village Law, hereby empowers the Planning Board, simultaneously with
the approval of a plat or plats to modify applicable provisions of
this Zoning Law, subject to the conditions hereinafter set forth and
such other reasonable conditions as the Board of Trustees may in its
discretion add thereto. The purposes of this authorization are to
enable and encourage flexibility of design and development of land
in such a manner as to promote the most appropriate use of land, to
facilitate the adequate and economical provisions of streets and utilities
and to preserve the natural and scenic qualities of open lands. The
conditions hereinabove referred to are as follows:
A.
The Planning Board may require the submission of an application for
the use of this procedure if, in its judgment, the application would
benefit the Village and the public interest. If the owner makes written
application for the use of this procedure, it may be followed at the
discretion of the Planning Board, subject to the purposes noted above.
B.
This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Law applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts. The dwelling units shall not be located in areas with impediments listed in § 266-15N of this Zoning Law.
C.
In the case of a residential plat or plats, the dwelling units may
be, at the discretion of the Planning Board and subject to the conditions
set forth by the Board of Trustees, in detached, semidetached, attached
or multistory structures.
D.
In the event that the application of this procedure results in a
plat showing lands available for park, recreation, open space or other
municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval, may establish such conditions
on the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes.
Any conditions relating to Village ownership of the lands shall be
approved by the Village Board prior to the Planning Board granting
final approval to the plat.
E.
The proposed site plan or plat, including areas within which structures
may be located, the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed parking spaces and
streets, driveways and all other physical features as shown on said
plan or otherwise described, accompanied by a statement setting forth
the nature of such modifications, changes or supplementations of existing
zoning provisions as are not shown on said site plan, shall be subject
to review and public hearing by the Planning Board in the same manner
as set forth on § 7-728 of the Village Law for the approval
of plats.
G.
The provisions of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided in the Zoning
Law applicable to such lands.
H.
The authorization herein shall apply to all lands within the incorporated
Village of Suffern.
A.
On contiguous parcels of land under single ownership consisting of at least 100 acres designated for development as a unit as a part of an application for development approval, the maximum height of any building shall be 110 feet, exclusive of permitted height exceptions as set forth in § 266-15J herein. In the event that an application shall propose a plan of development seeking approval of a building in excess of 40 feet, the required building setbacks as set forth in § 266-23 shall be subject to the following requirements:
(1)
If the building height of the proposed building shall be greater
than 40 feet, the required building setback shall be equal to 125%
of the height of the building to a building height of 65 feet.
(2)
If the building height of the proposed building shall be greater
than 65 feet, the required building setback shall be equal to 150%
of the height of the building to a building height of 90 feet.
(3)
If the building height of the proposed building shall be greater
than 90 feet, the required building setback shall be equal to 200%
of the height of the building to a building height of 110 feet.
B.
The Planning Board, in its discretion, may modify parking requirements
in this district upon a determination of unique circumstances.
[Added 4-6-2009 by L.L.
No. 3-2009]
No subdivision of property, construction or material alteration
of any principal or accessory use within the Scenic Overlay District
is permitted unless said use shall have obtained approval as set forth
below. Exceptions to this are as-of-right accessory improvements such
as decks and pools.
C.
Review standards. In order to grant approval, the Building Inspector
or Planning Board, whichever is applicable, must find that such structure
or alteration is architecturally compatible with surrounding structures
and that the important scenic and natural features of the site will
be substantially preserved. To the extent practicable, all structures
to be built on land within the Suffern Scenic Overlay District shall
be sited and clustered on the tract in such a way as to avoid or minimize
the obstructing of scenic overlays in this district.
D.
Additional standards of review. The additional regulations set forth
below supplement, but do not replace, the use and bulk regulations
otherwise applicable to the underlying zoning districts.
(1)
The minimum front yard requirement, as set forth for the applicable
underlying zoning district, may be increased for all structures and
parking areas located within the Suffern Scenic Overlay District.
The side and rear yard may also be increased by the Planning Board
if there are historic or scenic resources which are to be protected.
The intent is to maintain the existing yards as to the maximum extent.
The Planning Board may require the applicant to document the yards
of all properties on the block in which the parcel is located to determine
the appropriate yard dimension.
(2)
The Planning Board may require that the front yard shall be
managed by the property owner in a way that preserves significant
existing vegetation, plant specimens, landforms and water features;
nurtures tree planting and other natural landscaping efforts; creates
dense landscaping buffers; preserves stone walls, existing fields
and similar features; and/or ensures both the protection of visual
buffers and the prominence of key scenic vistas, including views of
historic properties and landscapes.
(3)
Any necessary intrusions within the front yard area shall be
reduced to the extent practicable by such measures as common driveways
and shared utility services for building sites that may gain access
from the roadways in the Suffern Scenic Overlay District.
(4)
Cluster subdivisions, where appropriate, in accordance with
the Village Law of the State of New York, shall be the preferred residential
land development technique for lands within, adjacent to or affecting
the overall character of a Suffern Scenic Overlay District, provided
that:
(a)
All structures and/or parking areas are effectively screened
on a year-round basis by existing landform and/or vegetation or by
substantial new planting and berming as viewed from the public right-of-way,
provided that such treatment does not diminish the prominence of key
scenic vistas including views of historic properties and landscapes.
(b)
A conservation easement, satisfactory to the approving authority,
is granted by the landowner to the Village, a land trust or similarly
qualified entity to ensure that the screening will be properly maintained
and managed or a similarly binding mechanism as acceptable to the
Village Attorney shall be provided.
(5)
Existing vegetation shall be preserved to the maximum extent
possible. Every attempt shall be made to limit cutting so as to maintain
native vegetation as a screen for structures as seen from roads, parks
and other public overlays within the Suffern Scenic Overlay District.
(6)
No cutting of trees exceeding six inches in diameter (measured
at a height of four feet off the ground) except in accordance with
an approved building permit, site plan, subdivision or timber-harvesting
plan. Cutting of all trees in a single contiguous area exceeding 5,000
square feet shall be prohibited.
(7)
Throughout the Suffern Scenic Overlay District, telecommunications
towers shall be discouraged. In all cases, the Village shall encourage
shared use of towers rather than new construction and reduced tower
height to limit the need for external lighting.
