Village of Nyack, NY Development Standards

The minimum lot area, width and depth requirements are intended to ensure that a lot is of a size, width and frontage that is appropriate for the uses permitted in the subject zoning district and will ensure, in most cases, that the other site development standards of this chapter can be met. The lot area per dwelling unit standards control the intensity of use on a lot to ensure consistency and compatibility of new dwellings with the surrounding development.

Existing legally established lots containing a single-family detached dwelling that fail to meet changes to the minimum lot area, width and depth requirements established as of [Adoption Date] shall be considered conforming despite such deficit. Any future subdivision or addition of additional dwelling units shall require full conformance with the lot area, width and depth requirements, except as authorized by a variance.

Setbacks. Setbacks are a required horizontal distance between a building and any lot line. The combination of front, rear and side setbacks define an area, known as the "building envelope," in which buildings are permitted by right. The area between the lot line and the building is known as a "yard," the minimum depth of which is prescribed by the setback requirement.

Required setbacks. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure, except as permitted below.

District boundaries. Where the side or rear of any lot abuts a district boundary line, that abutting rear or side setback shall have the dimensions required by the more restrictive of the two adjoining districts.

Exceptions. The following structures may project into required front, side or rear yards without the requirement of a variance or special permit, as follows:

Accessory buildings. An accessory building may be located in a required side or rear yard, subject to the requirements of § 360-3.2E.

Incidental architectural features. Cornices, cantilevered roofs, eaves, canopies, sunshades, gutters, window wells, chimneys, belt courses, headers, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into any required yard.

Fences, walls or hedges. Fences or walls may only project into a required yard in accordance with the requirements of § 360-4.9.

Terraces, steps and walks. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building may project into a required yard when the building otherwise complies with the regulations of this section. In computing the average front setback, the presence of such entries and porticos shall be ignored.

Average front setbacks. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of the two adjacent existing dwellings if they are located within 100 feet on each side of the said proposed dwelling, on the same side of the street and within the same block and the same zoning district.

Building height.

Measurement. The maximum height of a structure in feet shall be measured vertically from the existing grade to an imaginary plane located the permitted number of feet above and parallel to the existing grade. (See Figure 1.) For peaked roofs, height shall be measured to the midpoint of the roof. No portion of a peaked roof below the midpoint shall extend above said imaginary plane. For flat and mansard roofs, height shall be measured to the top of the roof. No portion of a flat or mansard roof shall extend above the imaginary plane.


Figure 1: Building Height

Height exceptions for appurtenances. The height limitations contained in this code do not apply to the following:

Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smoke stacks, derricks, flagpoles, radio towers, masts and aerials, which shall not be used for human occupancy.

Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers or cooling towers, air-conditioning or heating equipment, provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve, the total area covered by such features shall not exceed 10% of the horizontal area of the roof on which they are located and such features shall be grouped in no more than two locations on the roof, and provided that no such structures or appurtenances shall be used for sleeping or housekeeping purposes or for any commercial purposes.

Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.

Solar energy collectors, provided that such systems shall be erected only to the height necessary to accomplish the purpose they are intended to serve.

[Amended 10-13-2016 by L.L. No. 3-2016]

Maximum floor area ratio.

The floor area ratio or FAR regulates how intensely a site may be used. The FAR provides a means to match the potential amount of use with the desired character of the area. The FAR, along with the height and setback standards, control the overall bulk of development on a site. The FAR listed in Table 4-1[1] is the maximum amount of floor area within the building or buildings on a lot in relation to the amount of lot area, expressed in square feet. For example, if the maximum FAR is 2, then a lot may contain up to two square feet of building floor area for every one square foot of lot area.

Editor's Note: The Table of Dimensional Standards is included as an attachment to this chapter.

In all applicable zoning districts, the FAR applies to the sum of all buildings on the lot.

[Amended 2-9-2012 by L.L. No. 3-2012[2]]

Editor’s Note: This local law also repealed former Subsection D(3), which immediately followed this subsection and pertained to the purpose for the maximum floor area ratio standards.

Exceptions. The following areas shall not be computed for determination of FAR:

[Added 7-16-2015 by L.L. No. 3-2015]

Any attic space with a floor-to-ceiling height of less than seven feet.

Cellar and basement areas as defined in the Village Code and storage areas with the exception of habitable space.

Any areas or structures devoted to accessory off-street parking or loading.

Mechanical and utility rooms such as trash rooms, electrical rooms, boiler rooms, emergency generator rooms and similar spaces for the operation of the building, but in-dwelling unit mechanical spaces are not excluded.

Unenclosed porches, terraces, porticos and balconies.

Elevator and stair rooftop bulkheads.

Maximum building coverage. The maximum building coverage standard helps to define the size of accessory buildings in the SFR and TFR Districts by limiting the land area that can be covered by them. This standard works in conjunction with the maximum floor area standard for the principal building and with setback requirements to determine how built-up a neighborhood appears. The maximum building coverage standard establishes the percentage of the total area of a lot that can be covered by the accessory buildings.

Length of building wall. Walls intersecting at an interior angle of more than 135° shall be considered one building wall. To be considered a separate wall, a wall must have a break in the vertical with a minimum length and depth of at least 60 feet.

Front facade area. The area of the front facade of a building shall be the total surface area, including any exposed foundations and projecting attic gables, but not including the roof.

§ 360-4.3 Dimensional standards.

This section contains Table 4-1, which defines the requirements for lot dimensions and building bulk, density, location and height for all types of development.[1] All primary and accessory structures are subject to the dimensional standards set forth in the following table. These general standards may be further limited or modified by other applicable sections of this chapter. General rules for measurement and exceptions are in § 360-4.2. Modification of these standards requires a variance.

Editor's Note: The Table of Dimensional Standards is included as an attachment to this chapter.

§ 360-4.4 Natural and scenic resource protection standards.

The purpose of this section is to protect and enhance the natural and man-made features that contribute significantly to the Village's scenic quality and character, including: varying topography and hillsides, floodplains, wetlands, significant trees, view corridors and historic sites and areas.

General site design requirements.

To the maximum extent practicable, where significant natural features or areas of historic or cultural value exist on a property or an adjacent property, an applicant shall give priority to their preservation by locating new development away from those features or areas.

Priority for protection shall be given to the following features (not listed in order of significance):

Slopes of greater than 25%;

Views to the Hudson River and within other significant view corridors;

Mature trees, specimen trees and significant stands of trees and vegetation;

Floodplains, watercourses and natural drainageways;

Wetlands;

Historic, cultural or archeological sites, buildings or areas recognized by the Village or another government agency as significant; and

Other significant and/or unique features.

Priority should be given to erosion and sediment control and the employment of sustainable development techniques.

Land use and development shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill, as determined by the Planning Board through the site review process.

View protection.

Purpose and establishment. A View Protection Overlay District is hereby established in order to protect and preserve the character of the community, to preserve and enhance property values and to protect and enhance views from key locations within the Village of Nyack to the Hudson River waterfront.

Approval by Planning Board.

No building or structure shall be erected, altered, enlarged or moved in the district unless approved in accordance with the provisions of this section.

Every application to permit the erection or exterior alteration of a building or structure in a View Protection Overlay District shall be referred by the Building Inspector per the requirements of § 360-5.7. Following a review and recommendation by the Architectural Review Board, the Planning Board shall also consider, in addition to the usual site plan elements, the best siting, dimensions and configuration of principal and accessory structures so as to cause the least possible obstruction of the view of the Hudson River for neighboring properties and adjacent public property and rights-of-way.

Tree protection.

Purpose. The Board of Trustees of the Village of Nyack has determined that the existing character of the community is highly dependent on the wooded landscape and streetscape. Further, the Board finds that trees are inherently beneficial to the economic value of property, as well as beneficial to the environmental, psychological and physical health, safety and general welfare of the community, and hereby enacts the following legislation:

To preserve an important attribute of the Village, by encouraging owners of existing developed lands, and developers of lands, to save or replace as many native and mature tree species as possible when making improvements to real property;

To control and regulate indiscriminate and excessive removal, cutting and destruction of trees in order to regulate and prevent conditions which result in increased surface runoff, soil erosion and decreased soil fertility;

To maintain the stability and value of real property by preserving existing woodland aesthetics;

To ensure the continued maintenance of landscaping in accordance with site plan or subdivision plan approvals, or in accordance with the regulations contained herein;

To help reduce the adverse impacts associated with vehicular noise and emissions resulting from the high volumes of traffic on the New York State Thruway which passes through the Village;

To encourage close attention to the Village's designation as a critical environmental area; and

To comply with the requirements of the 2003 EPA Stormwater Phase II of the Clean Water Act by identifying trees as "green infrastructure" and accounting for the water cleaning function they provide, and including their protection as part of the Village's Stormwater Management Plan in Chapter 295 and in § 360-4.12.

Removal of trees.

Prohibited activities. Except as permitted herein, no person or entity shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately or publicly owned property within the Village of Nyack:

Cut, destroy, remove, top or substantially injure any significant tree as defined in this code except as may be permitted in Subsection C(2)(b), Permitted activities, below.

Place or maintain upon the ground any substance or impervious surface which would impede the free access of air and water to the roots within the dripline of any significant tree.

Apply any substance to any part of a significant tree, including the roots, which may injure or destroy the significant tree.

Change the elevation of ground surrounding the trunk and dripline in a manner likely to have an adverse effect on the health of the significant tree.

Permitted activities. Notwithstanding the restrictions of Subsection C(2)(a) above, Prohibited activities, the following activities shall be permitted:

The crown pruning, thinning or trimming of a significant tree in a manner that is not harmful to the health of the significant tree.

Cutting, removal or destruction of a single significant tree.

[Amended 10-5-2023 by L.L. No. 5-2023]

[a]

The cutting, removal or destruction of a single significant tree is allowed, for any reason whatsoever, once per three years per tax lot, which three-year period shall be calculated from the last/most recent cutting, removal or destruction of a significant tree on the same tax lot, and which cutting, removal or destruction shall not require Planning Board review or approval; but shall require the issuance of a permit by a Village Building Inspector. The issuance of the aforesaid significant tree removal permit is subject to, and conditioned and contingent upon, the property owner's planting of a replacement tree according to the following regulations:

[i]

One replacement tree shall be provided, on the same tax lot as the situs of the tree to be removed, for every eight inches of diameter of the tree to be removed.

[ii]

Each replacement tree shall be a minimum 2 1/2 inches caliper of nursery grade stock, and selected from the Village of Nyack Recommended Tree List.

[iii]

Under circumstances where the planting of a replacement tree is not feasible on the same lot as the situs of the tree to be removed, the property owner shall be required to pay a fee, into the Village's Tree Replacement Fund, in a total sum as per the Standard Schedule of Fees[1] of the Village of Nyack (as same may be amended from time to time).

Editor's Note:The Standard Schedule of Fees is on file in the Village offices.

[b]

Regardless, notwithstanding and irrespective of the foregoing, a Building Inspector may issue a permit for the removal of any dead, diseased or hazardous significant tree, without any limitation as to the frequency of significant tree removal, and not requiring the planting of a replacement tree (or trees) or the payment of a fee in lieu of replacement tree planting; but shall subject to, and conditioned and contingent upon, the property owner's satisfaction of either of the following requirements:

[i]

The submission to a Village Building Inspector, by the property owner, of an inspection report, prepared and signed by a NYS licensed landscape architect or an ISA Certified Arborist (New York State Arborists, ISA Chapter, Inc.), documenting that the tree is: diseased or dead; a danger, or posing a risk of imminent peril, to public safety; or otherwise a hazard to humans or property ("dead, diseased or hazardous").

[ii]

The tree is determined by a Village Building Inspector, after her/his inspection, to be dead, diseased or hazardous.

[c]

A Village Building Inspector may, in his or her sole discretion, retain the consulting services of a NYS licensed landscape architect or an ISA Certified Arborist (New York State Arborists, ISA Chapter, Inc.), the costs and fees of which shall be paid for by the Village (not the applicant), so as to aid the Building Inspector in the assessment of any significant tree that is the subject of a tree removal permit application, including, but not limited to, advising whether or not a tree is dead, diseased or hazardous; and/or, if the tree is not dead, diseased or hazardous, then advising in regard to alternatives to the removal of the tree, such as maintenance options.

The cutting, removal or destruction of a significant tree as necessary to construct or add to any structure for which a building permit has been issued by the Building Inspector and which does not require subdivision or site plan approval, provided said cutting, removal or destruction is kept to the absolute minimum required to construct said structure. Any application shall indicate the extent of tree removal on the property. The Building Inspector, upon review of a building permit application, which requires extensive significant tree cutting or removal, may refer said application to the Planning Board for approval in accordance with Subsection C(2)(c), Exceptions, below.

The cutting, removal or destruction of any significant tree pursuant to an order or directive of a Village, county or state agency.

[5]

The cutting, removal or destruction of significant trees as shown on an approved site plan or subdivision plan, or a plan approved by the Planning Board or Zoning Board of Appeals.

[6]

The necessary cutting, removal or destruction of significant trees by a utility provider for the purposes of power, cable, telephone, water or sewer service, provided that all utility companies shall notify the Village Clerk of any tree trimming schedule prior to commence tree trimming operations within the Village of Nyack.

Exceptions. Upon written application to the Planning Board, the Board may, by resolution, grant an exception from any of the requirements of this chapter as may be reasonable and within the purposes and intent of this chapter if the enforcement of one or more of the provisions is impractical or will exact undue hardship because of specific conditions pertaining to the property in question, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood. The Planning Board may grant an exception from this chapter where the significant trees are to be removed in accordance with a landscaping plan approved as part of a subdivision or site plan application.

Protection of trees during development or construction. All significant trees indicated to remain as part of the landscaping plan of an approved subdivision or site plan shall be protected by a temporary four-foot-high fence constructed of two-inch-by-four-foot posts and rails around the dripline, wrapped with orange plastic mesh, before construction or site work begins.

Penalties for offenses. Notwithstanding other provisions of this chapter, the following shall apply to a violation of the provisions of these tree protection standards:

Where the Building Inspector determines that any person violates or refuses to comply with this chapter, that person shall be subject to a fine not to exceed $2,500, per offense, upon conviction. Each significant tree cut, destroyed or removed shall constitute a single offense.

[Amended 10-13-2016 by L.L. No. 3-2016]

Any person convicted of violating this chapter shall also be referred to the Planning Board for the purpose of presenting a tree remediation plan, showing the existing and proposed landscaping conditions on the premises in question, and which shall be designed to mitigate the effects of the offense. The Planning Board may require such remedial or protective measures to be undertaken as may be necessary to protect the balance of the original landscaping status of the premises in question, such as, but not limited to, the use of snow fencing, chain link fencing, or other protective measures, including replacement of trees destroyed or removed.

In addition to any other penalty, the violator shall be required to replace, in kind, each and every significant tree removed, cut or destroyed in violation of this chapter. If a significant tree was so large and mature as to be deemed irreplaceable by the Planning Board, the Planning Board may require the planting of multiple significant trees instead, based on the sole determination of the Planning Board on the number, species and size of significant trees necessary to meet the objectives of this chapter. All significant trees required in satisfaction of the provisions of this subsection shall be guaranteed in full by a nursery and installer for a period of no less than one year from the date of installation; or the violator shall place a dollar amount equal to the cost of purchase and installation of the significant trees required in satisfaction of the provision of this subsection in escrow for a period of one year from the date of installation for use by the Village of Nyack in the event that the significant trees do not survive. If before one year from the date of installation it is the opinion of the Building Inspector, a licensed landscape architect or a tree professional recognized by the Village of Nyack that any significant tree required by the provision of this subsection is dead, diseased or otherwise unhealthy to the extent that its imminent death in the sole judgment of said Building Inspector, landscape architect or tree professional is of reasonable certainty, such significant tree shall be replaced, in kind, by the guaranteeing nursery and installer or such significant tree may be replaced at the discretion of the Village of Nyack Board of Trustees using funds placed in escrow. No certificate of occupancy shall be issued for new construction on the lot or lots in contiguous ownership on which occurred any violation of this chapter unless and until the provisions of this subsection have been complied with.

Where a significant tree that is cut, removed or destroyed in violation of this chapter is located within a conservation easement required by the Planning Board as a condition of subdivision or site plan approval, fines may be doubled by the Planning Board.

Where a person is convicted of violating this chapter, and the prohibited activity upon which the conviction is based involved a tree, shrub, hedge or plant shown or described to remain or be planted on a proposed or approved planting plan, landscape plan, site plan, subdivision plan or a plan approved by the Planning Board or Zoning Board of Appeals, then no further action may be taken by the Planning Board or Zoning Board of Appeals on the lot or lots upon which the violation occurred for a period of one year from the date of conviction.

Whenever the Building Inspector observes any activity in violation of this chapter, the Building Inspector shall notify the property owner, owner's agent or the person performing the work to suspend and halt work. Such direction by the Building Inspector (a stop-work order) shall be in writing and delivered to the owner, or the owner's agent, or the person performing the work or affixed to the site. Such stop-work order shall state the reasons therefor and the conditions under which work may resume.

Steep slopes.

Purpose. The purpose of regulating development on and near steep slopes is to:

Promote safety in the design and construction of developments;

Minimize flooding, landslides and mudslides;

Minimize soil instability, erosion and downstream siltation; and

Preserve the scenic character of hillside areas.

Standards. No development shall be permitted on that portion of a lot having slopes equal to or greater than 25% for single-family, two-family or three-family residential development or slopes equal to or higher than 35% for any other type of land development permitted pursuant to this chapter, except for conservation measures or measures intended to remove debris which inhibits the function of a swale.

[Amended 10-13-2016 by L.L. No. 3-2016]

Highly erodible soils. On lands having slopes of less than 25% but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted.

Measurement of slopes. Slope shall be determined based on a survey indicating contour lines at two foot or smaller intervals. No excavation is permitted to achieve the standard. Where a parcel contains distinct sections of differing slope, the average slope of each section may be determined according to the following contour measurement formula:

S = 0.00229 (l x L)/A

Where
	S	=	Average slope of area (in percent)
	A	=	Total number of acres in area
	L	=	Length of contour lines in scaled feet
	I	=	Vertical distance of contour interval in feet
The applicant shall be permitted to calculate the floor area ratio on the net area of the lot, exclusive of steep slopes as defined herein, lands underwater, and floodplains or wetlands as defined by the New York State Department of Environmental Conservation.

Exempt activities.

Any customary landscaping, i.e., land maintenance involving tree trimming and pruning, removal of dead or diseased vegetation, lawn and garden care, and planting or laying down of landscape materials, decorative trees, shrubs and plants, not involving regrading or disturbance of existing terrain, provided that any such activities conform to all other applicable laws and regulations.

Emergency situations, as determined by the Village Engineer, where the disturbance of steep slopes is required to protect persons or property from imminent danger.

Erosion and sediment control.

Preservation of natural features. While removal of vegetation for necessary structures and yard space is allowed, the development will preserve natural topography and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate of surface water runoff.

Natural drainage patterns. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a protective feature, such as an outcrop, significant tree or significant vegetation feature, drainage patterns may be altered in a manner which reduces the threat to such natural protective features provided such alteration does not create other flooding or erosion problems.

Diversion of stormwater. In no case shall stormwater be diverted to another property.

Natural features for stormwater recharge. Natural land features, such as shallow depressions, shall be used, whenever possible, to collect stormwater on site for recharge. Under no circumstances, however, shall such a feature be used if subsurface conditions cause a stagnant pool to develop.

Minimize paving. Site designs shall minimize impervious paving and walks.

Stormwater discharge to surface waters. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly.

Retaining wetland vegetation. All wetland vegetation shall be retained. Development should not disturb freshwater or tidal wetlands either by direct removal of vegetation or substrate or by the alteration of adjacent slopes that would undermine the stability of the substrate.

Subsurface sediments. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.

Elevation of wetlands. The elevation of wetlands shall not be altered.

Discharge of pollutants. Pollutants shall not be discharged into wetlands or other lands or waters but shall be handled in accordance with all applicable laws and regulations.

(11)

Construction near wetlands. Construction shall not be located within 50 feet of the upland boundary of a freshwater or tidal wetland. This includes the introduction of impervious surfaces, roads, utility equipment and other infrastructure. An exception is made for a private dock, provided that no other opportunity for water access exists on the lot, except through wetlands. Wetland boundaries and the fifty-foot setback referred to in this subsection shall be identified on the plat as "conservation areas," and notes shall be placed on the plat and on all deeds that expressly prohibit accessory structures and uses in such areas.

[Amended 10-13-2016 by L.L. No. 3-2016]

(12)

Fill not to encroach on watercourses. Fill shall not encroach on natural watercourses, constructed channels, wetlands or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.

(13)

Natural vegetative buffer. To the extent practicable, a natural vegetative buffer of 50 feet shall be maintained adjacent to surface waters and wetlands to absorb floodwaters and trap sediment.

(14)

Trails and walking paths. Trails and walking paths along water bodies shall be sited and constructed so that they are not a source of sediment.

(15)

Amount and velocity of runoff. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics, such that the development shall result in zero net incremental discharge of runoff from the development site, or a decrease in the net incremental discharge of runoff from the development site through the use of green infrastructure as defined in § 360-4.14C. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters.

(16)

Alteration of stormwater channels. Stream channels, natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodgates. If no practicable alternative to the location of driveways, pathways and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount or velocity of stormwater entering the swale.

(17)

Time limits for installation. All permanent (final) vegetation and structural erosion control measures called for in approved plans shall be installed within the time limits specified by the Planning Board.

(18)

The plan shall include a note stating who is responsible for maintaining any drainage system and shall conform to the requirements of § 360-4.12, Stormwater pollution prevention.

(19)

Green infrastructure. To the maximum extent possible, the amount and velocity of runoff from a site should be reduced through the use of sustainable stormwater management techniques which retain runoff and enable infiltration on the site. Such techniques are hereby referred to as green infrastructure, as defined in § 360-4.14C.

[Added 10-13-2016 by L.L. No. 3-2016]

§ 360-4.5 Parking and loading.

Purpose. This section is intended primarily to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, bicyclists and transit users. Parking areas are typically accessory to the principal land use on the site. Even in the case of a parking area that serves as the principal use on a lot, it is still secondary to the surrounding context that it is serving. As such, parking area design should reflect that relationship, reducing the visual prominence of the parking area while emphasizing the primary buildings and orienting pedestrians toward the principal entranceways and walkways. Standards in this section addressing the location and design of parking areas are intended to meet this purpose. A secondary purpose of this section is to address the quantity of parking provided. Flexibility is integrated in these standards through the various alternative parking provisions.

Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size or density, and changes of use, as follows:

New development. Unless otherwise expressly stated, the parking standards of this section apply to the development of all new principal and accessory buildings on a site.

Expansions and enlargements in building size, density or use.

Nonresidential uses.

Unless otherwise expressly stated, the parking standards of this section apply when an existing nonresidential building or nonresidential use is expanded or enlarged by 15% or more in floor area.

If the expansion of a nonresidential building or use triggers requirements for additional parking, such additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use.

Residential uses. The parking standards of this chapter apply whenever additional dwelling units are added to an existing parcel or to a newly created parcel. In all such cases, additional off-street parking is required only to serve the additional dwelling units. Existing off-street parking deficits are not required to be reduced or eliminated when additional dwelling units are added to an existing parcel. However, existing accessory parking may not be reduced to be less than, or if already less than, may not be reduced further below the minimum required parking standards set forth in Table 4-2: Minimum Parking Requirements.[1] The intent of this provision is to ensure both that existing parking deficits in residential buildings are not increased as a result of additions and that existing deficits are not a deterrent to investment in existing properties.

Editor's Note: The Table of Minimum Parking Requirements is located at the end of this chapter.

Change of use. When the use of a lot or building changes, additional off-street parking facilities must be provided when the number of parking or loading spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the building, based on the minimum parking standards of this Zoning Chapter. In other words, the owner must provide (or receive a variance for) parking equal to the difference between the parking requirement for the existing use and the parking requirement for the new use, not the difference between the actual existing parking and the parking requirement for the new use.

Minimum parking requirements.

Purpose. The minimum parking standards are intended to provide enough off-street parking to accommodate the typical demand for parking generated by the range of uses on a site, particularly in areas where sufficient on-street parking is not available. They are also intended to provide adequate parking on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods. The character of the DMU-1 and DMU-2 zoning districts allows for lower parking requirements in some cases.

[Amended 10-13-2016 by L.L. No. 3-2016]

Minimum parking required. Except as specifically modified by the provisions of this chapter, the minimum number of accessory off-street parking spaces that must be provided is established for each use by Table 4-2, entitled "Minimum Parking Requirements," appended to this chapter as 360 Attachment 3 ("Table 4-2"). Accessory off-street parking ("AOSP") shall not be required for commercial uses, and adaptive reuse projects, within the DMU-1 zoning district ("zone" or "district"). The minimum AOSP requirements established in this chapter shall not apply to the first four residential/dwelling units in the DMU-1 district. Any land that is developed as a unit, under single ownership and control, shall be considered a single lot for the purpose of these regulations. In cases of conversion of an existing floor from commercial to residential (or increasing existing residential/dwelling units to a greater quantity of residential/dwelling units), the standard AOSP requirements will apply to all residential/dwelling units in excess of four units; and, in cases of additional newly constructed floors, the standard AOSP requirements will apply to all residential/dwelling units in excess of four units.

[Amended 6-29-2023 by L.L. No. 3-2023]

Rules for computing minimum parking requirements.

Where a fractional space results, the number of parking spaces required is the closest whole number. A half space will be rounded down.

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately.

Areas computed as parking spaces.

Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family dwelling may count as one parking space.

For any establishments in the CC, DMU-1 and DMU-2 Districts that include a drive-up or take-out window, the number of vehicles included in the queue to the drive-up or take-out window must be included in total parking spaces required, to ensure that parking and queueing don't cause backups on to Village street or Route 59.

[Amended 10-13-2016 by L.L. No. 3-2016]

Location and ownership of required accessory parking facilities.

Required accessory parking spaces may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within 1,200 feet of the principal lot in the DMU-1 and DMU-2 Districts, or 300 feet in all other districts. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located; and in no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such districts, or by special permission of the Zoning Board of Appeals. The ongoing availability of such spaces shall be guaranteed by deed restriction or legal contract between the owner of the principal lot and the owner of the lot on which the remote parking is provided, to the satisfaction of the Planning Board.

[Amended 10-13-2016 by L.L. No. 3-2016]

No parking is permitted within a required front yard except as provided in § 360-4.5D for a one- or two-family house.

The parking of motor vehicles within 15 feet of any wall or portion thereof of a three- or more family dwelling, which wall contains legal windows (other than legal bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space, is prohibited.

Size of spaces. A parking space shall measure a minimum of nine feet in width and 18 feet in length, exclusive of standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family dwellings as in § 360-4.5D, above.

Access.

Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces, and at least two ten-foot lanes for parking areas with 20 spaces or more.

No access shall exceed a total width of 24 feet. No entrance or exit for any accessory off-street parking area with over 10 parking spaces shall be located within 50 feet of the intersection of any two street lines.

No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.

Drainage and surfacing. All open parking areas shall be properly drained and all such areas of over 10 spaces shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family dwellings. Whenever practicable, use pervious materials to surface open parking spaces.

Joint facilities. Required parking spaces may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not be less than the total required for all such establishments. In the CC District, parking areas shall be designed for shared use with neighboring properties to the greatest extent feasible.

Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when other use or uses is not or are not in operation, the Zoning Board of Appeals may reduce the total parking spaces required for the use with the least requirement.

Parking area landscaping.

Purpose. Parking lot landscaping is intended to break up expanses of pavement, create shade, buffer views of parking lots from adjacent streets and development, and enhance the overall appearance of development projects.

Applicability. All parking lots with 12 or more parking spaces in total or eight or more spaces in a single row shall be subject to the requirements of this section.

Perimeter landscaping.

The view of parking areas from all abutting streets must be visually screened by permitted buildings, fences, walls, hedges, or by a combination thereof. Each fence, wall or hedge shall be not less than 2.5 feet in height and not more than four feet in height. This screening requirement is not to be interpreted as prohibiting the installation of or provision for openings reasonably necessary for access drives and walkways.

Where a parking area is located adjacent to a residential use, residential zoning district, clubhouse, community center, place of worship, day care, nursery school, educational use, hospital or public park or open space, the screening requirement shall be met by a combination of building, fence, wall or hedge not less than five feet in height and not more than 6 1/2 feet in height.

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

At least one tree per 10 spaces shall be provided within the parking lot. No more than 12 contiguous spaces shall be permitted in a row without a landscaped interruption of at least five feet, including curbing.

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site development plan process.

Payment in lieu of parking. A payment in lieu of parking for development located within the DMU-1, DMU-2, RMU, OMU or CC zoning districts may be authorized by the Planning Board as a condition of approval for a site development review application to satisfy the off-street parking requirement, or a portion thereof, according to the following standards:

[Amended 10-13-2016 by L.L. No. 3-2016]

Payment. Payment of the fee per space for the number of spaces determined by the Planning Board:

The Village Board of Trustees shall set the fee per space by resolution and may change the fee whenever it deems appropriate to do so. The fee schedule shall be made available at the Building Inspector's office.

The fee payable by an applicant shall be set and paid prior to the issuance of the certificate of occupancy. The fee must be paid in a lump sum or at the discretion of the Building Inspector in installments, and shall not be prorated or refundable should the applicant vacate the premises.

Prior to issuance of the certificate of occupancy, the applicant must deliver to the Building Inspector's office a certified check, payable to the Village of Nyack Parking Authority, in the amount set by the Board of Trustees and determined by the Building Inspector.

Certificate of occupancy. The certificate of occupancy issued to the applicant must record the number of off-street parking spaces being satisfied by means of payment in lieu of providing actual spaces and the fee due to the Parking Authority. A certificate of occupancy will not issue, however, unless the applicant has fully satisfied the parking requirements by providing actual spaces and by making payments in lieu of parking. A variance shall be required if the applicant fails to provide all the spaces required under this § 360-4.5.

§ 360-4.6 Off-street loading berths.

Loading berth required. Any nonresidential use with a gross floor area of 25,000 square feet or more shall provide one off-street delivery/loading space. The requirements related to loading berths may be modified by the Planning Board if the property owner demonstrates that the use of the building does not require an off-street loading space and that the safety of pedestrians, motorists and bicyclists is not impaired, and may be increased in the number of spaces required by the Planning Board if the Planning Board determines that there is evidence that the proposed use is of such a nature as to require more than one delivery/loading space.

Size, location and access. Unless otherwise specified, each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high if enclosed. Unobstructed access at least 15 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in § 360-4.6C. No entrance or exit for any loading berth shall be located within 50 feet of the intersection of any two street lines.

Joint facilities. Permitted or required loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments. At the discretion of the Planning Board, the number of required berths in such joint facilities may be reduced below the individual requirement for each use.

§ 360-4.7 Street trees.

[Amended 10-13-2016 by L.L. No. 3-2016]

Except as modified by the Planning Board, any application for property located in the DMU-1, DMU-2, RMU, OMU or CC zoning district meeting the applicability requirements of § 360-4.5B, above, shall provide one deciduous or ornamental street tree for every 40 linear feet of street frontage or portion thereof, with a minimum of two trees per lot for lots that have a minimum width of 60 feet. Street trees shall be planted within the tree lawn portion of the right-of-way with adequate spacing to allow for the mature spread of the trees. When a tree lawn is not provided, trees shall be planted within 10 feet of the back of curb.

§ 360-4.8 Screening.

Any nonresidential use located on a lot within 25 feet of a residential district boundary shall be screened along any such lot line. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residential district.

§ 360-4.9 Fences, walls and hedges.

General standards.

All fences and fence installations shall comply with the following regulations:

When a fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected.

Fence height shall be measured from ground level at the fence post to the highest portion of the fence. However, when a fence is erected upon a man-made berm or wall, the height shall be measured from the base of the man-made berm or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.

Barbed wire or similar materials are prohibited.

Hedges on corner lots shall be sufficiently low so that they do not interfere with view lines of drivers. This is enforced by the Building Inspector.

Maximum height.

Residential and mixed-use districts.

In the SFR, TFR, MFR, DMU-1, DMU-2, RMU, OMU and WF zoning districts the maximum height of fences, walls and hedges above grade shall be as follows:

[Amended 10-13-2016 by L.L. No. 3-2016]

Front yard: three feet, six inches, except as provided in § 360-2.3E(4). The Building Inspector shall have the ability to decrease the permitted height and modify the location of fences, walls and hedges in the front yard on corner lots in order to account for site-specific conditions. In the WF zoning district, any yard bounded by a street line and/or a body of water shall be considered a front yard for the purposes of this subsection.

Rear or side yard: six feet, six inches.

Those portions of a fence located in the front yard shall not have more than 60% closed surface. Chain link fences shall not be permitted within a front yard.

When necessary for security purposes, taller fences or hedges may be approved by the Planning Board as part of the site plan review process.

CC and M Districts. Fences and walls in the CC and M zoning districts may be erected to a height not to exceed six feet above ground level in any yard. When necessary for security purposes, taller fences may be approved by the Planning Board as part of the site plan review process.

WF District. In the WF zoning district the maximum height of fences, walls and hedges at edge of riverfront walkways shall be sufficient in height to prevent people from falling in the river and appropriate height and materials for fences that separate public walkway from private spaces.

§ 360-4.10 Lighting.

Purpose. The purposes of the exterior lighting standards are to:

Provide adequate light for safety and security;

Promote efficient and cost effective lighting and to conserve energy;

Reduce light pollution, light trespass, glare and offensive light sources;

Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky; and

Prevent inappropriate, poorly designed or installed outdoor lighting;

General standards.

Any light source or lamp that emits more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with a full cutoff style fixture with an angle not exceeding 90° to minimize the potential for glare and unnecessary diffusion on adjacent property.

The maximum height of any lighting pole serving a residential use shall be 12 feet. The maximum height serving any other type of use shall be 15 feet, except in parking lots larger than five acres; the maximum height shall be 20 feet if the pole is located at least 100 feet from any residential use.

No flickering, rotating or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

The Planning Board shall review lighting for safety, illumination levels and hours of operation. The Architectural Review Board shall review lighting for aesthetics considerations (i.e., the design of fixtures and their placement on the exterior of buildings or, if freestanding, impact on the buildings).

Maximum light levels. Lighting shall comply with the maximum light levels, measured in footcandles, shown in Table 4-3, below. Lighting levels at property lines adjacent to a public sidewalk or right-of-way may meet the maximum footcandles permitted for pedestrian walkways. Lighting for outdoor recreation facilities such as sports fields shall be determined by the Planning Board as part of the site review process. In no event shall any lighting shine into a state road right-of-way or parkland.

Table 4-3: Maximum Light Levels
Location	Residential Districts	Nonresidential Districts
Property line	1.0	2.0
Building entries	5.0	5.0
Parking areas	3.0	5.0
Pedestrian walkways	3.0	3.0

§ 360-4.11 Signs.

Purpose. The purpose of this section is to control outdoor and window signs of all types and in all zoning districts by regulating size, location, quantity, quality, content and design to:

Enhance and protect the Village's physical appearance and environment, so as to protect the Village's scenic and natural beauty and to create an attractive economic, business and tourist climate. All signs must therefore be placed so as not to obliterate, conceal or destroy architectural and decorative trim.

Provide an environment which will support the existing business and increase their profitability by encouraging residents and visitors to patronize Village businesses.

Encourage excellence in sign design and materials and to provide uniform design standards.

Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents or driver confusion.

Replace or remove nonconforming signs that do not meet the requirements of this section.

Promote the health, safety and welfare of the residents of the Village of Nyack.

Permit required.

No exterior or interior sign, advertising display or structure, poster or device shall be erected, moved to another portion of the building, enlarged or reconstructed or relettered or redesigned without the owner first having obtained and paid for and having in force a permit therefor from the Architectural Review Board.

The following two operations shall not be considered creating a new sign and therefore shall not require a sign permit:

The changing of the advertising or message on an approved sign which is specifically designed for the use of temporary replaceable copy (i.e., a movie marquee or bulletin board).

Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in the graphic presentation on the face of a sign.

Restrictions on signs in all districts. No signs other than signs placed by agencies of the government shall be erected on any public property or public right-of-way unless consent is first obtained from the Village Board of Trustees. No sign shall be placed on any private property without the consent of the owner thereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole except for utility identification or similar purposes. Signs shall be placed so as not to obliterate, conceal or destroy architectural and decorative trim. All signs shall be of good quality materials. The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons seeking the particular use described on such sign. Signs must be placed so that they are integrated with design elements of the building(s) on the lot on which they are placed.

Permitted signs in residential districts. The following signs are permitted in the SFR, TFR and MFR District, provided that they are accessory to a principal use on the premises:

One nonilluminated nameplate or professional sign with an area of not over two square feet.

One temporary nonilluminated sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet. The signs are not permitted to obscure view lines from roads or project on to sidewalks.

One indirectly illuminated bulletin board or other announcement sign for civic, educational or religious institutions, with an area of not over 12 square feet.

Permitted signs in nonresidential districts. In the DMU-1, DMU-2, RMU, OMU and WF Districts, the sign area for all signs on the property, in square feet, shall not be greater than two times 2/3 the width, in feet, of the storefront of the front facade of the commercial establishment to which the sign refers. In the CC, M and H Districts, the maximum sign area shall be 10% of the total surface area of the building's front facade upon which it is faced or 80 square feet, whichever is lesser. The total area of signage for all businesses or tenants in a building shall not exceed the area of signage that would be allowed if there were a single tenant. The following signs are permitted in the DMU-1, DMU-2, RMU, OMU, CC, WF, M and H Districts, provided that they are accessory to a principal use on the premises:

[Amended 5-26-2011 by L.L. No. 5-2011; 10-13-2016 by L.L. No. 3-2016]

Wall signs — flat and projecting.

One flat wall sign may be erected parallel to the face of the building.

In addition, one projecting wall sign may be erected perpendicular to the building or street. The following limitations shall apply:

The sign may protrude up to 42 inches from the plane of the building but not closer than two feet to the curbline.

The bracket(s) supporting the sign shall be no more than four feet in length on a side.

The bottom of the sign or the protruding portion of the bottom bracket shall be at least 10 feet above the sidewalk in the CC, M and H Districts and at least eight feet above the sidewalk or ground in the DMU-1, DMU-2, RMU, OMU and WF Districts.

The size of the sign shall not exceed 15 square feet per face. Only two faces are permitted.

Signage in the DMU-1, DMU-2, RMU, OMU and WF Districts shall be designed so that it is visible and informative at the pedestrian scale. The following design standards shall apply:

Street-oriented signs shall be limited to fascia bands above the store window, on the vertical fascia of an awning or on the window of the store.

Signage design shall be carefully integrated with other design elements.

All signs shall be stationary and contain no visible or moving parts.

If a sign is illuminated, the source of illumination must be shielded from streets, walkways and adjoining properties. External illumination such as gooseneck lamps, simple horizontal strip lighting or concealed spotlights shall be utilized. The lighting fixtures shall be placed so as to not negatively impact of the composition of the facade or damage building materials.

[5]

Flat wall signs shall not project less than 1/2 inch or more than three inches beyond the rest of the wall. Any illuminating devices shall project no more than 42 inches beyond the rest of the wall or any distance above the building.

[6]

Prohibited items shall include product advertisement outside of any retail space, signs mounted above the eave line of any structure and internally illuminated signage.

[7]

Sign copy shall be limited to the name of the business, product sold or service provided by and logo of the principal use of the premises. Telephone numbers or website addresses shall only be allowed on permanent interior signs on ground floor level windows and doors and upper floor windows (limited to a sign for a different business than is located on first story). The maximum height of letters for telephone numbers and website addresses shall be five inches on ground floor store windows and doors and three inches on upper floor windows.

Signage in the CC, M and H Districts shall be designed so that it is visible and informative at both the automobile and the pedestrian scale. The following design standards shall apply:

Internal illumination is allowed.

Flat wall signs excluding external illuminating devices shall not project more than 12 inches. Any external illuminating devices shall project no more than 42 inches beyond the rest of the wall or any distance above the building.

Projecting wall signs shall be at least 10 feet above the sidewalk or pavement immediately beneath the sign.

Such sign or signs shall be placed so as not to obliterate, conceal or destroy architectural and decorative trim and cornices immediately above first-floor storefronts or on above stories, including at parapets and rooflines, or signs of adjacent buildings or views.

The mountings and installation hardware must be installed in such a way that it does not damage the materials of the building and all practical measure must be taken to conceal the hardware.

Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

Freestanding signs.

In the DMU-1, DMU-2, RMU, OMU, WF and H Districts, where the building is set back from the front lot line a distance of 25 feet or more, not more than one freestanding sign consisting of either a pole sign or a monument sign, with an area of not more than 20 square feet per face, may be erected not nearer than six feet to any building. No such freestanding signs shall encroach on any required yard, except in a motor vehicle service station, and not more than one standard sign may be erected in a required yard for purposes of identification. The maximum height of a pole sign shall be 15 feet and the maximum height of a monument sign shall be four feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

[Amended 10-13-2016 by L.L. No. 3-2016]

In the CC District, a maximum of one freestanding sign per property consisting of either a pole sign or a monument sign shall be permitted. The maximum sign area shall be 60 square feet per face. A pole sign shall be set back a minimum of 15 feet from a property line except that it shall be back a minimum of 50 feet from any residential use or zone boundary. A monument sign shall be set back a minimum of five feet from any property line. The maximum height of a pole sign shall be 25 feet and the maximum height of a monument sign shall be six feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

In the M and H Districts, a maximum of one monument sign shall be permitted. The maximum sign area shall be 60 square feet per face. The sign shall be set back a minimum of five feet from any property line. The maximum sign height shall be six feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

Sign copy shall be limited to the name of the business, product sold or service provided by and logo of the principal use of the premises.

Directional signs. Directional signs necessary for proper traffic flow and safety. All directional signs shall be subject to approval by the Architectural Review Board, which shall have discretion over the placement and number of signs permitted on the premises, bearing in mind the Village's stated policy favoring reduction in the number of distracting signs. The area of each such sign shall not exceed two square feet. Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

Marquees. A marquee for a theater or public building shall be permitted.

Gas station signs. Gas stations shall be allowed two signs on a freestanding pole with gas pricing information only allowed on the second sign. The area of signage of the price sign may be 22 square feet per face to accommodate the pricing information. All other requirements of Subsection E(2) shall apply. Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

Flag signs.

Flag sign is an advertising sign printed on a fabric flag of non-shiny material and flown from a pole that has a maximum length of six feet and is attached to a building at a minimum height of six feet if the flag is attached to a pole mounted to a building at an angle from horizontal of 45° or greater or 10 feet if the flag is attached to a pole mounted to a building at an angle from horizontal of less than 45°, where the flag has the maximum size of 15 square feet, and is no higher on the building than 12 feet, and is not closer than three feet to the curbline. The flag sign shall not have product advertising, but can have the name and/or logo of the business or advertise that the business is "Open," "Closed," or "Sale." Only two faces are permitted. One flag sign is permitted for each public entrance of a building, with a maximum of one flag sign per business, and shall only be displayed when the business is open. This does not apply to any official national, state or international flag.

A flag sign is permitted in addition to other signs, provided that no specific product advertising is displayed, its design is integrated with other design elements of the building and its signs and it does not damage or hide significant architectural features.

Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

Awning signs. A sign may not be suspended from or attached to an awning. Signs may be painted on or made a part of an awning. Such signs painted on an awning shall be computed in the allowable sign area, except for painted signs on awning valances solely identifying the store name with a letter size not exceeding six inches in height.

Permanent interior signs on ground floor level. Permanent interior signs include any sign of any material painted on or placed or hung within 24 inches from the inside window glass or door glass of any building, including all neon, LED, light borders, electronic and similar signs, including words, logos, product signs, border tubing, permanent sculptures or frames.

In no instance may a permanent and temporary interior sign cover more than 15% of the aggregate storefront window area or 36 square feet.

Interior permanent signs that fail to comply with all provisions of this section shall be removed no later than 24 months after this chapter is enacted.

Permanent interior signs on upper floor windows. Permanent interior signs include any sign of any material painted on or placed or hung within 24 inches from the inside window glass or door glass of any building, including all neon, LED, electronic, light borders and similar signs including words, logos, product signs, border tubing, permanent sculptures or frames. Such interior signs on upper floor windows may not cover more than 20% of the window area. The height of letters for telephone numbers and web addresses is limited to three inches. Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

Temporary signs. The following regulations shall apply to temporary signs, which are paper, cardboard and other similarly impermanent material signs. Temporary interior signs are located within 24 inches of the storefront's glass windows and doors and include open, closed, and sale signs, menus, lists of products and services, are allowed and do not need permits when together they do not exceed four square feet. Temporary and permanent signs together cannot cover more than 15% of the ground floor window area or 36 square feet; or 20% of upper floor window area.

Temporary signs are allowed for up to 30 days without a sign permit. This includes signs for which an application for a permanent sign has been submitted.

A maximum of two temporary interior signs which do not need permits are allowed along with the exceptions below.

Temporary signs shall not overlap, cover or obscure permanent signs.

Contractor signs. One contractor sign per frontage, with a maximum size of four square feet per side, with a maximum of two sides, shall be permitted, provided that such signs are located at ground floor level and shall be erected no more than five days prior to the beginning of construction for which a valid permit has been issued and shall be removed within five days after completion of the project or expiration of the permit, whichever comes first. The sign must include the proper name of the contractor and must list the telephone number of the contractor and of the Building Inspector for complaints.

A temporary sign announcing the anticipated occupancy of a site or building may be permitted for a period not to exceed three months without the Building Inspector's approval. Such sign shall not exceed 24 square feet if it is affixed to a building or wall and not more than 40% of the window area if an interior sign.

Special event, holiday signs and announcement signs may be permitted in DMU-1, DMU-2, RMU, OMU, CC, WF and H Districts without the Building Inspector's approval. These signs may be placed in the window only and may not cover more than 15% of the window area together with other signs. These signs may be put in place four weeks prior to the event and shall be removed within one week of the event.

Real estate sale or rental signs may be permitted as long as the size of such signs does not exceed a maximum of six square feet and no more than one sign per tenancy per frontage at ground level. Such signs shall be subject to permit renewal at six-month intervals.

(h)

Temporary signs pertaining to campaigns, drives or events of civic, philanthropic or educational institutions are permitted in DMU-1, DMU-2, RMU, OMU, CC and WF Districts without the Building Inspector's approval for a period not to exceed 15 days. These signs may be placed in the window only and may not exceed six square feet in area. They should not overlap, cover or obscure permanent signs.

(i)

Temporary signs that fail to comply with all provisions of this section shall be removed by the effective date of this chapter.

Unsafe signs.

The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provisions of this section, he shall give written notice to the sign owner or the owner of the premises on which such sign is located. Said sign and all appurtenances 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 may be found within 30 days after written notification from the Building Inspector.

If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice and the expense of said removal, when certified by said Building Inspector to the Village Board, shall be paid by the Village and such amount shall thereupon be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment for a public improvement.

Prohibited signs. The following types of signs or artificial lighting are prohibited:

Billboards.

Flashing or animated neon, LED, electronic reader board or electronic graphics or other artificial light sign or device. Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Internally illuminated (including neon) signs located on the exterior of buildings, except in the CC and M zoning districts.

Signs that compete for attention with or may be mistaken for a traffic signal.

Outdoor signs made of impermanent materials, such as paper or cardboard.

Sandwich board signs shall constitute prohibited signs; however, such signs shall be permitted in the DMU-1, DMU-2, RMU, OMU, CC, WF and M Districts upon the issuance of an administrative permit for same by the Building Inspector. The standards applicable for such permits shall be on file in the Building Department.

[Amended 2-24-2011 by L.L. No. 4-2011; 10-13-2016 by L.L. No. 3-2016]

Exterior signs that emit noise, sounds or smoke.

Nonconforming sign.

A nonconforming permanent sign, except for a freestanding sign in place at the time of enactment of this chapter, must be removed within 24 months of the enactment of this chapter.

All nonconforming temporary signs shall be removed by the effective date of this chapter.

The maintenance of such nonconforming signs may be permitted, but any sign once removed for purposes other than maintenance shall be deemed permanently removed and may be replaced only in accordance with the provisions of this section.

Multiple occupancy overall sign plan. When there are two or more occupants of a premises, such as a shopping center or strip mall, an overall plan for signage shall be required prior to installation or replacement of any individual sign. The overall plan shall satisfy all requirements and guidelines of this section. Individual signs shall be the same with regard to materials and color, but letter size and style may vary.

Noncommercial copy. Any sign authorized in this chapter is allowed to contain noncommercial copy in lieu of any other copy.

§ 360-4.12 Stormwater pollution prevention.

Required stormwater pollution prevention plan. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter and Chapter 295, Stormwater Management.

Contents of stormwater pollution prevention plans.

All SWPPPs shall provide the following background information and erosion and sediment controls:

Background information about the scope of the project, including location, type and size of project;

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges;

Description of the soil(s) present at the site;

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP;

[Amended 11-14-2019 by L.L. No. 7-2019]

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices, to minimize exposure of the materials to stormwater, and spill-prevention and response;

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

(h)

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

Description of structural practices designed to divert flows from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p)

Any existing data that describes the stormwater runoff at the site.

Land development activities, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 10,000 square feet that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) and described in the New York State Stormwater Management Design Manual or any subsequent version and the New York State Standards for Erosion and Sediment Control (2005) or any subsequent version, including those capable of mitigating the water quantity impacts from the 100-year storm event in Rockland County, New York as applicable:

[Amended 11-14-2019 by L.L. No. 7-2019]

Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

Condition B: Stormwater runoff from land development activities disturbing 10,000 square feet or more of land during the project with single-family residences exempt from water quality control.

Condition C: Stormwater runoff resulting in a land disturbance greater than one acre and construction activities at agricultural properties.

SWPPP requirements for Conditions A, B and C:

All information in Subsection B(1) of this section.

Description of each post-construction stormwater management practice.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

Comparison of post development stormwater runoff conditions with predevelopment conditions.

Dimensions, material specifications and installation details for each post-construction stormwater management practice.

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

(h)

Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.

(i)

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 260-4.12D of this article.

(j)

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this article and Chapter 295, Stormwater Management.

[Amended 11-14-2019 by L.L. No. 7-2019]

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

The certification must include the name and title of the person providing the signature, the address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

The certification statement(s) shall become part of the SWPPP for the land development activity.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this article and Chapter 295, Stormwater Management, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article and Chapter 295, Stormwater Management:

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

New York Standards and Specifications for Erosion and Sediment Control dated 2005, as amended or revised.

[Amended 11-14-2019 by L.L. No. 7-2019]

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection C(1), and the SWPPP shall be prepared by a licensed professional.

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Maintenance, inspection and repair of stormwater facilities.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Maintenance and inspection during construction.

The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article and Chapter 295, Stormwater Management. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

For land development activities as defined in § 360-4.12A of this article and meeting Condition A, B or C in § 360-4.12B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Nyack to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Chapter 295, Stormwater Management. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Nyack.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Chapter 295, Stormwater Management, shall ensure they are operated and maintained to achieve the goals of this article and Chapter 295, Stormwater Management. Proper operation and maintenance also includes, as a minimum, the following:

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article and Chapter 295, Stormwater Management.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the Stormwater Management Practices (SMPs) shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 360-4.12C(3).

Maintenance agreements. The Village of Nyack shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions in the sample stormwater control facility maintenance agreement on file in the Village offices. The Village of Nyack, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and Chapter 295, Stormwater Management, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

§ 360-4.13 Subdivision design standards.

Minimum requirements. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. These standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in § 360-5.8 herein.

Character of land; conformity; required improvements.

Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, mud slides or other casualty.

Conformity to Official Village Zoning Map and Master Plan. Subdivisions shall conform to the Official Map of the Village and shall be in harmony with the Master Plan.

Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Village specifications, which may be obtained from the Village Engineer.

Street layout.

Width, location and construction. Streets and any other type of access to subdivided lots shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and to afford access for fire-fighting, snow removal, solid waste removal and road maintenance equipment.

Arrangement. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system and conform to the Master Plan. The arrangement of streets shall provide for the continuation or projection of principal streets to adjoining subdivisions and the accommodation, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.

Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.

Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements in these regulations.

Dead-end streets. The creation of dead-end or cul-de-sac residential streets shall be discouraged. If such an arrangement is determined to be appropriate, the Board may require the reservation of an easement to provide for continuation of pedestrian traffic and utilities to the next street.

Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of an easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath shall be included.

Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.

Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.

Angle of intersection. In general, all streets shall join each other so that for a distance of at least one feet the street is approximately at right angles to the street it joins.

Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.

Street design.

Widths of rights-of-way. Streets shall comply with the minimum right-of-way widths as set forth in the Highway Law. Any variation from these requirements shall require a variance from the Zoning Board of Appeals.

Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Village Engineer. Such grading and improvements shall be approved as to design and specifications by the Village Engineer.

Utilities in streets. The Planning Board shall require that all utilities be installed underground, and, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual, unobstructed easements shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block-to-block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.

Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% nor more than 6% for major or collector streets, or 10% for driveways or minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.

Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius that clear visibility shall be provided for a safe distance.

Steep grades and curves; visibility of intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, a portion of any corner lot as determined by the Planning Board shall be cleared, whether at an intersection entirely within the subdivision or of a new street with an existing street, except of isolated trees and obstructions above the level 30 inches higher than the center line of the street. If directed, ground shall be excavated to achieve visibility. A minimum distance of 50 feet shall be maintained between public road intersections and any proposed driveway.

Dead-end streets (culs-de-sac). Dead-end streets should, in general, not exceed 500 feet in length and shall terminate in a circular turnaround having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet.

Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of a design approved by the Village Engineer. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Village Engineer.

Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.

Street names.

Type of names. All street names shown on a preliminary plat shall be approved by the Planning Board. Streets shall have names, and not numbers or letters.

Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names. Streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. No street should change direction by more than 40° without a change in street name.

Lot requirements.

Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Chapter there will be no foreseeable difficulties for reasons of topography or other natural conditions.

All lots shall have frontage on an improved public street or highway. Any variation from this frontage requirement shall require a variance from the Zoning Board of Appeals. It is a stated purpose of this chapter to prohibit flag-shaped lots, and the Board of Trustees specifically finds that the Village of Nyack has been developed with traditional lots fronting public streets, such that allowing development behind existing structures would change the character of Village streets. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.

Lots must accommodate off-street parking.

Consolidation of lots. Subdivision approval shall be required for the merger or consolidation of lots. Applicants seeking to consolidate lots shall demonstrate that such consolidation will not result in lot sizes that are inconsistent with the established character of the surrounding area. Such applications shall be viewed more favorably in nonresidential areas located along state highways and less favorably in residential and/or more densely developed areas.

Sidelines. All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.

Driveway access. Driveway access and grades shall conform to requirements established in each case by the Village Engineer. Driveway grades between the street and the setback line shall not exceed 10% whenever possible.

Access from private streets. Access from private streets is prohibited.

Monuments and lot corner markers. Permanent monuments, meeting specifications approved by the Village Engineer as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and other points as the Village Engineer may require, and their location shall be shown on the subdivision plat.

Submerged lands, land in floodplains, lands which are burdened by an easement of any kind, and lands with more than a 25% slope shall be specifically excluded from calculations of minimum lot area requirements. Additionally, any severe or deep "V" corners in proposed lots should be avoided, and any narrow necks (20 feet or less) shall be excluded from lot area calculations.

Drainage improvements.

Removal of spring and surface water. The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Village Engineer shall approve the design and size of such facility based on anticipated runoff from a one-hundred-year storm under conditions of total potential development permitted by the Zoning Chapter in the watershed.

Responsibility for drainage downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Village Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a one-hundred-year storm, the Planning Board shall notify the Village Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.

Land subject to flooding. Land identified as a floodplain by any local, state or federal agency, or land deemed by the Planning Board to be uninhabitable, shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in accordance with flood zone regulations and in compliance with all applicable wetlands regulations, local, state or federal.

Parks, open space and natural features.

Recreation areas shown in the Comprehensive Plan. Where a proposed park, playground or open space shown on the Comprehensive Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat. Dedication of such areas shall be offered to the Village.

Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.

Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, waterfront areas, historic spots, vistas and similar irreplaceable assets, including view corridors to the Hudson River along public rights-of-way. No significant tree shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a significant tree be removed without prior approval by the Planning Board.

A subdivider shall provide the Planning Board with all information available regarding historic resources that may exist on the subject property. The Planning Board shall consider all information about historic resources, whether submitted by the subdivider or obtained from another source, and shall require the design of the subdivision to be such that significant historic resources, including their contributing features and landscapes, will be preserved to the extent possible.

Erosion and sediment control.

Natural drainage patterns. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a protective feature, drainage patterns may be altered in a manner which reduces the threat to the natural protective feature and does not create other flooding or erosion problems.

Diversion of stormwater. In no case shall stormwater be diverted to another property.

Minimize paving. Site designs shall minimize impervious paving and walks.

Subsurface sediments. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.

Elevation of wetlands. The elevation of wetlands shall not be altered.

Discharge of pollutants. Pollutants shall not be discharged into wetlands or other lands or waters but shall be handled in accordance with all applicable laws and regulations.

(11)

Construction near wetlands. Construction should not be located within 100 feet of the upland boundary of a freshwater or tidal wetland. This includes the introduction of impervious surfaces, roads, utility equipment and other infrastructure. An exception is made for a private dock, provided that no other opportunity for water access exists on the lot, except through wetlands. Wetland boundaries and the one-hundred-foot setback referred to in this subsection shall be identified on the plat as "conservation areas," and notes shall be placed on the plat that expressly prohibit accessory structures and uses in such areas.

(12)

(13)

Natural vegetative buffer. To the extent practicable, a natural vegetative buffer of 100 feet shall be maintained adjacent to surface waters and wetlands to absorb floodwaters and trap sediment.

(14)

Trails and walking paths. Trails and walking paths along water bodies shall be sited and constructed so that they are not a source of sediment.

(15)

Amount and velocity of runoff. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics, such that the development shall result in zero net incremental discharge of runoff from the development site. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters.

(16)

(17)

Slopes greater than 25%. No land having a slope equal to or greater than 25% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of a swale. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater flow.

(18)

(19)

(20)

The subdivision plat shall include a note stating who is responsible for maintaining any drainage system and shall conform to the requirements of § 360-4.12, Stormwater pollution prevention.

§ 360-4.14 Sustainability.

[Added 5-8-2014 by L.L. No. 2-2014]

Purpose.

The purpose of this chapter is to promote the creation of a more sustainable community by incorporating the widespread establishment of green infrastructure and building practices in the design, construction and maintenance of buildings and site development. Such best practices are designed to use natural resources in a manner that enhances their usefulness for future generations, alleviate issues of stormwater management, enhance water quality and energy efficiency and generally promote the public health and welfare by enhancing the environmental and economic health of the Village.

The incentives included in this chapter in the form of density bonuses provide an opportunity for the Village to tie such incentives to specific local public policy priorities. These incentives yield both short- and long-term dividends for developers and building owners and offset the costs of initial outlays. They also provide public benefits through cost reductions in managing stormwater, improved water and air quality, heat island reductions, energy conservation and reductions in carbon emissions.

Applicability. This chapter applies to all residential, mixed use, commercial and office uses in the following zoning districts: DMU-1, DMU-2, RMU, OMU, MFR-1, MFR-2, MFR-3, WF and CC.

[Amended 2-12-2015 by L.L. No. 2-2015; 10-13-2016 by L.L. No. 3-2016]

Definitions. As used in this section, the following terms shall have the meanings indicated:

GREEN INFRASTRUCTURE

Green infrastructure (GI) is a term used to describe both a planning approach and a set of best management practices for stormwater management that infiltrate or otherwise reuse stormwater. Instead of conventional, engineered collection, conveyance and storage structures, GI techniques use soils and vegetation to manage stormwater. Common green infrastructure approaches include green roofs, trees, rain gardens, bioretention areas, vegetated swales, pocket wetlands, infiltration planters, and vegetated median strips as examples. The provision of rain gardens and/or water harvesting techniques shall be designed in accordance with the NYS Stormwater Management Design Manual and review and approved by the Village Engineer.

[Amended 3-28-2019 by L.L. No. 2-2019]

GREEN ROOFS

The roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. There are two types of green roofs: intensive roofs, which are thicker and can support a wider variety of plants but are heavier and require more maintenance, and extensive roofs or eco-roofs, which are covered in a light layer of vegetation and are lighter than an intensive green roof. For the purposes of this chapter, an extensive roof is the minimum standard required.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so it is highly resistant to infiltration or percolation of water. This includes, but is not limited to, roofs, asphalt, concrete, stone drives, sidewalks and patios. Pavers, gravel, and highly compacted soil and other semi-permeable surfaces shall be considered impermeable to the extent that they materially alter the surface water runoff characteristics of the site. Increases in stormwater runoff from these surfaces shall be calculated using the appropriate runoff curve numbers. Decks constructed above the ground surface that allow one-hundred-percent pass-through of stormwater to the ground surface below decks shall be considered to be permeable.

Density bonus incentives.

An applicant may apply to the Planning Board for one or more density bonuses in exchange for meeting the standards for the specific amenities being provided. The Planning Board at its discretion and subject to compliance with any specified standards may, in its discretion and taking into account appropriateness of the total density achieved through the use of the density bonus incentives in the context of the site development plan and the surrounding neighborhood, grant the density bonus as set forth herein in exchange for the applicant providing one or more of the following sustainability amenities.

[Amended 3-28-2019 by L.L. No. 2-2019]

Each amenity listed under Subsection E shall be eligible for a density bonus in the allowable number of residential units in the underlying zoning district as follows: (1) 5% for the use of permeable paving, exceeding the NYS Energy Code by 10%, rain gardens and rainwater harvesting, repurposing of materials; (2) 10% for brownfield remediation, solar panels, geothermal energy and daylighting the Nyack Brook, and (3) 15% for green roofs due to the higher initial cost of implementation. The density bonus shall not exceed 25% of the allowable number of units in the underlying district excluding the affordable/workforce housing bonus under § 120-1.

[Amended 10-13-2016 by L.L. No. 3-2016; 3-28-2019 by L.L. No. 2-2019]

For commercial and office uses in the CC and OMU Zoning Districts, the density bonus for any individual sustainable amenity would be a 0.10 increase in FAR. The bonus for the installation of a green roof would be a bonus of one square foot for every square foot of green roof provided. The total increase in FAR shall not exceed 0.75 in the CC and OMU Zoning Districts.

The bonus permitted under this chapter is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk restrictions (see applicable footnotes in Table 4-1: Dimensional Standards.[1])

Editor's Note: Said table is included as an attachment to this chapter.

Allowable sustainability amenities eligible for density or applicable FAR bonus under this chapter. The following are allowable sustainability amenities eligible for density or applicable FAR bonuses:

Brownfield remediation. Environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required for the development to take place.

Thirty-percent permeable surfaces. If paving is installed as part of a new residential construction project for walkway, patios or uncovered parking, at least 30% of it must be permeable.

Exceeding the New York State Energy Code by 10%, including but not limited to high-density insulation, installation of high-efficiency windows and HVAC systems, LED lighting, provision of white roofs. This shall require qualified third-party verification to the building department.

[Amended 3-28-2019 by L.L. No. 2-2019]

Provision of rain gardens and/or water harvesting techniques. The provision of rain gardens and/or water harvesting techniques shall be designed in accordance with the NYS Stormwater Management Design Manual and review and approved by the Village Engineer.

[Amended 3-28-2019 by L.L. No. 2-2019]

Provision of solar collection panels and/or geothermal energy.

Daylighting of Nyack Brook where appropriate and applicable based on review by the Planning Board.

Provision of green extensive eco-roof. Minimum standard is installation of green extensive or eco-roof installed on 50% of the building's total roof area or 1,500 square feet, whichever is greater. For multifamily developments, the density bonus in the allowable number of units is 20%. For commercial and office buildings, the incentive would be a bonus of one square foot for every square foot of green roof provided, not to exceed a total FAR increase of 0.25. The following performance standards shall be considered by the Planning Board in granting the permitted bonus in exchange for this sustainable amenity:

Water use: demonstrate facility wisely uses potable water. For example:

May use drip irrigation when needed.

May meet at least 50% of green roof irrigation using nonpotable sources such as HVAC condensate, rain-water collection, or other auxiliary water sources.

Soil depth: conserve water by retaining moisture for plant health.

Minimum: six inches or demonstrate additional potable irrigation reduction.

Demonstrate roof is sustainable with structural loading capability.

Plant species: provide appropriate plant species to save water suited to soil depth.

Maintenance.

Provide maintenance access and safe conditions for users (per Building Code compliance).

Provide permanent, ongoing maintenance of green maintenance system and benefits to roof elements. Provide commitment in a restrictive covenant.

Must maintain at least 80% plant coverage of planted beds (within two years of installation).

Provide engineering certification that the roof drainage system will sustain one-hundred-year storm, and be able to handle blocked flows.

Repurposing of materials. The following standards must be achieved to provide this amenity:

[Amended 3-28-2019 by L.L. No. 2-2019]

Development of a construction and demolition waste management plan identifying diversion goals, relevant construction debris and materials to be diverted, implementation protocols and parties responsible for implementing the plan.

Provide a final report detailing all waste streams generated and diversion rates.