A.
Accessory buildings, including garages, if detached from a main building
or if connected only by an open breezeway-type structure, shall be
not less than five feet from the main building.
B.
A private garage may be constructed as a structural part of a main
building, provided that when so constructed the garage walls shall
be regarded as the walls of the main building in applying the front,
rear and side yard regulations of this chapter.
C.
No accessory building shall be constructed upon a lot or plot unless
a main or principal building already exists on said lot or plot and
has a valid certificate of occupancy or a valid building permit has
been issued and is in effect for the construction or erection of a
main or principal building. This restriction shall not apply to agricultural
or farm buildings.
D.
Accessory buildings, including private garages, shall not be placed
within a required front yard, a required side yard nor the total required
side yard for a principal building.
E.
An access driveway may be located within a required yard.
F.
Accessory off-street parking or truck loading areas shall be improved
in accordance with Village specifications.
G.
Required accessory off-street parking areas or truck-loading space
shall not be encroached upon by buildings, open storage or any other
use.
H.
The storage of manure or of odor- or dust-producing substances as
an accessory use shall not be permitted within 50 feet of any side
or rear lot line or within 100 feet of any front lot line.
I.
All accessory buildings, structures or land used for animal husbandry
shall conform to the provisions of this chapter.
J.
The keeping of more than two dogs more than six months old in outdoor
shelters or pens or the keeping of any horses or farm livestock on
the premises shall conform to the provisions of this chapter, except
in the case of a veterinarian, veterinary hospital or kennel.
K.
A wind energy conversion system may be constructed or erected in
the applicable zones as prescribed in the Table of Use Regulations,[1] provided that:
(1)
Such wind energy conversion systems shall be set back from all property
lines, aboveground utility lines, radio or television towers or other
wind energy conversion systems a distance equal to or greater than
the distance from existing grade at the foot of the tower to the top
of the sweep of the blade or rotor system.
(2)
No such system shall be located in a required yard.
(3)
All guy wires and anchors shall be located at least 10 feet from
any property lines.
(4)
No wind energy conversion system shall be constructed until a building
permit has been issued to the property owner by the Building Inspector.
Each application shall be accompanied by a complete plan drawn to
scale showing the location of the tower on site, existing grade elevation,
location of all structures, aboveground power lines or other utility
lines within a radius equal to the distance from existing grade at
the foot of the tower to the top of the sweep of the blade or rotor
system and dimensions and sizes of the various structural components
of the tower's construction. Also submitted shall be a detail
design of the entire structure, including footings, tower, rotor or
blade system and any other component of the wind energy conversion
system, with computations submitted by a registered professional engineer
licensed in the State of New York certifying that the tower (including
footings and rotor system) is designed to comply with the wind load
requirements of the New York State Building Construction Code. It
shall also be certified by said engineer that the energy conversion
system is designed so as not to exceed the peak load requirements
of the user(s) of the system.
(5)
No climbing pegs shall be located closer than 12 feet to the ground
level at the base of the structure for freestanding single pole or
guyed towers. A six-foot high fence with a locking portal shall be
required to enclose lattice towers.
(6)
The minimum distance between the ground and any part of the rotor
or blade system shall be 15 feet.
(7)
An automatic braking, governing or feathering system shall be required
to prevent uncontrolled rotation at wind speeds greater than 40 miles
per hour.
(8)
All power transmission lines from the tower to any building or other
structure shall be located underground.
(9)
No television, radio or other communication antennas may be affixed
or otherwise made part of such wind energy conversion system.
(10)
Wind energy conversion systems shall not cause interference
with radio and/or television broadcasting or reception and shall comply
with the provisions of 47 CFR 15 (Federal Communications Commission),
as exists or as may be amended.
(11)
Evidence satisfactory to the Building Inspector shall be submitted
that the wind energy conversion system complies with the regulations
of the Federal Aviation Administration Part 77, Subchapter B, as exists
or as may be amended.
(12)
All necessary approvals or other agencies having jurisdiction over such installation, including but not limited to a New York Board of Fire Underwriters Inspection Certificate, shall be presented to the Building Inspector prior to the issuance of a building permit. In addition, the owner of the premises on which said system is to be erected shall sign a statement prepared by the Village acknowledging the provisions of § 560-16K(16) of this article and agreeing that the issuance of a permit for the construction of said wind energy conversion system is subject to such provisions. No person other than the owner of the premises may sign such statement.
(13)
Property owners may construct a wind energy conversion system
for their use in common, but such a system may not be rented or leased
to any other corporation or individual and shall be for the sole use
and benefit of the owners of property which utilize such system or
the tenants or lessees of such property. The mechanical or electrical
energy produced or generated by such system may not be sold or otherwise
made available to any individual or corporation other than the owner,
tenant or lessee of the subject properties, or a public utility regulated
by the Public Service Commission. If such wind energy conversion system
is to be used in common, all owners and users of such system shall
be made part of the application, and appropriate underwriter certificates,
etc., shall be submitted for all properties, buildings and structures
to be served by such system.
(14)
A certificate of compliance indicating that the wind energy
conversion system has been built in conformance with the plans and
specifications filed with the Building Department shall have been
issued prior to the operation of the wind energy conversion system.
(15)
No alterations, additions, modifications, substitutions or deletions
shall be made to such wind energy conversion system without approval
of the same pursuant to the provisions of this article.
(16)
The Village Building Inspector and/or the Village Engineer shall
have the right at any reasonable time to enter, in the company of
the owner or his agent, the premises on which a wind energy conversion
system has been constructed to inspect all parts of said wind energy
conversion system installation and require that repairs or alterations
be made if, in his judgment, there exists a deficiency in the operation
or in the structural stability of the system. If necessary, the Building
Inspector or Village Engineer may order the system secured or otherwise
cease its operation. It shall not be required that the owner or his
agent be present in the event of an emergency situation involving
danger to life, limb or property.
[1]
Editor's Note: Said Table of Use Regulations is located
at the end of this chapter.
A.
Accessory off-street parking areas shall not be located in a required
front yard or side yard and shall be not less than 10 feet from any
property line in a required rear yard.
B.
No commercial vehicle nor any house trailer, mobile home, boat or
boat trailer or any similar equipment shall be parked in any front
yard or in any required side yard or within 10 feet of any property
line in a required rear yard.
C.
The height of any accessory building located or constructed in any
residential zone shall not exceed 1 1/2 times the distance between
said building and the nearest property line (in any and all directions)
and in no case shall such accessory building have a height greater
than 20 feet. However, this restriction shall not apply to agricultural
or farm buildings.
D.
Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20% of such required rear yard. The total lot coverage shall not exceed the maximum lot coverage provided in § 560-8.
E.
In no case shall a pool house or cabana exceed one floor nor 16 feet
in height. Said pool house or cabana shall further not contain more
than one room, other than a bathroom, nor shall said building exceed
250 square feet in gross floor area. Under no circumstances shall
a pool house or cabana be designed, equipped or used for cooking or
sleeping purposes.
The minimum required lot area shall not include any underwater or tidal lands below the mean high-tide level, except that in a Tidal Wetlands and Ocean Beach Overlay District, marshlands customarily flooded at high tide may be included as part of such required lot area, pursuant to the provisions of Article IV; however, the area of lots in a proposed subdivision shall conform to the subdivision regulations of the Village of West Hampton Dunes.
The calculation of the percentage of lot coverage shall include
those lot areas covered by temporary structures and open storage of
more than an incidental transitory character.
The minimum road frontage of a lot at the street line shall
be at least 40 feet in all districts, except in those districts where
there are no minimum lot area requirements and also in the case of
approved flagpole lots where the minimum road frontage at the street
line shall be at least 20 feet, and those minimums shall apply along
the entire length of the flagpole.
A.
The following accessory structures may be located in any required
front or rear yard:
C.
Every part of a required yard shall be open to the sky, unobstructed
except for retaining walls and for accessory buildings in a rear yard
and except for the ordinary projection of sills, belt courses and
ornamental features projecting not to exceed six inches. Cornices
and eaves shall not project more than 18 inches. Exterior cellar entrances,
commonly known as "bilco doors," shall not encroach more than four
feet into the required rear yard and shall not encroach at all into
any other required yard.
D.
Open or lattice-enclosed fireproof fire escapes or stairways required
by law, projecting into a yard not more than four feet, and the ordinary
projections of chimneys and pilasters shall be permitted by the Building
Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both street frontages.
F.
In any residence district where 25% of the block frontage within
200 feet of a proposed building on neither the same side of the street
or across the street is already improved with buildings, the front
yard of such proposed building shall be required to exceed the minimum
required dimension stipulated in this chapter for the district in
which it is situated in cases where the average front yard setback
of the two nearest buildings within such 200 feet exceeds such minimum
dimension; provided, however, that such increased front yard shall
not be required to exceed the minimum required front yard prescribed
for the district in which such proposed building is to be located
by more than 10 feet.
G.
The following minimum required transitional yards and screening shall
be provided within nonresidential districts in order to assure orderly
and compatible relationships along certain boundary lines:
(1)
Adjoining residential districts:
(a)
The minimum required transitional side and rear yards shall
be 50 feet.
(b)
The minimum required screening within such transitional side
and rear yards shall be a six-foot-high stockade-type fence or equal
and landscape plantings to be erected and maintained by the nonresidential
property owner along the side and rear property lines; provided, however,
that the Planning Board may modify these requirements for screening
where the same screening effect is accomplished by the natural terrain
or foliage.
(c)
The minimum required transitional side and year yards provided for in Subsection G(1) of this section may be modified by the Planning Board as part of site plan review pursuant to this chapter where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(2)
Adjoining all other streets (i.e., collector or minor streets). The
minimum required transitional front yard shall be 20 feet in all nonresidential
zones, unless the Planning Board finds for aesthetic and safety reasons
that additional area is necessary.
H.
Notwithstanding any provision of this chapter to the contrary, in
the case of corner lots:
(1)
There shall be only one rear lot line. The rear lot line shall be
the lot line opposite the shorter front lot line (executive of the
corner arc). If the front lot lines are the same length, the Building
Inspector shall determine the rear lot line.
(2)
The rear yard shall be the space on the same lot with a building,
situated between the nearest roofed portion of the principal building
or buildings and the rear lot line of the lot and extending from side
lot line to the required front yard of the longer front line.
(3)
In the case of a waterfront lot line, the line opposite the waterfront
shall be considered the rear lot line.
I.
In all residence districts, where the approving authority under the Village Code of the Village of West Hampton Dunes has authorized a wetlands permit for a principal building requiring relief from the minimum required yards under § 560-8 of this chapter, a required yard of such proposed principal building might be reduced up to 50%; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet. The relief herein shall only be the maximum necessary to achieve the maximum practicable buffer zones required by the code and regulations of the Village.
[Added 8-13-1999 by L.L. No. 5-1999]
J.
There shall be a setback in the front yard where the front yard is
the yard bordering the road, and the rear yard where the rear yard
is the yard bordering the road, for one unroofed stairs with a width
of less than four feet per lot of 50% of the setback that shall otherwise
apply under this Code, except that no stairway shall be within 10
feet of the boundary of the lot bordering the public roadway.
[Added 4-12-2017 by L.L.
No. 4-2017]
A.
Nothing herein contained shall restrict the height of the following
architectural and structural features:
(1)
On any building, except one- and two-family dwellings, a spire, cupola,
dome, belfrey or clock tower, provided that such spire, cupola, dome,
belfrey or clock tower does not constitute habitable space or a building
story as defined by all applicable provisions of the Village Code
or the Fire Code of New York State, Building Code of New York State
and the Existing Building Code of New York State; and provided such
spire, cupola, dome, belfrey or clock tower is approved as an integral
element of the architectural style of the building by the Planning
Board.
(2)
A flagpole, chimney flue, elevator or stair bulkhead, water tank,
stage tower or scenery loft as accessory facilities to permitted or
special exception uses in a given district.
(3)
Barns, silos or similar farm structures in districts where agriculture
is a permitted use.
(4)
A radio or television tower, transmission line or tower or similar
structure only if approved as a special exception use by the Board
of Appeals or Planning Board.
B.
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower shall exceed
the maximum permitted height prescribed for the district in which
such proposed structure is to be located.
D.
Pyramid law.[1] All buildings and structures on any lot in any district must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from the nearest property line to the building or structure at that location. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in the dimensional tables of this chapter (§ 560-8) shall not be exceeded at any point unless the structure is exempted under Subsection A hereof. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter.[2]
The following Schedule of Permitted Signs shall apply according to the district in which the lot is located on the Zoning Map, whether such lot is used for a permitted use or for a special exception use.[1]
[1]
Editor's Note: The Schedule of Permitted Signs is located at the end of this chapter.
A.
A professional sign or an announcement sign for a home professional
office or home occupation shall bear only the name and profession
or occupation of the resident. Such sign shall have a maximum area
of two square feet and may be located on the building wall or in the
required front yard, provided that it is set back at least 10 feet
from all property lines and is not more than six feet above the natural
ground level at its location.
B.
A church or other place of worship may have one announcement sign,
not over 18 square feet in area, on each public street frontage of
its property, either fixed on the main wall of the building or located
in the required front yard, provided that it is set back at least
20 feet from the front property line and at least 25 feet from all
other property lines. A church or other place of worship may also
have one temporary announcement sign, not over 32 square feet in area,
on each public street frontage of its property, located in the required
front yard, for a period not to exceed 30 days, for the purpose of
announcing a special event, provided that it is set back at least
20 feet from the front property line and at least 25 feet from all
other property lines. The sign permit for such temporary sign shall
automatically be deemed revoked 30 days after the date of issuance
of such permit, and such temporary sign shall be removed from the
premises upon the revocation of such permit. There shall be no fee
for the permit for such temporary sign.
C.
A parish house, club, school or public or semipublic building may
have one announcement sign, not over six square feet in area, on each
public street frontage of its property, either fixed on the main wall
of the building or located in the required front yard, provided that
it is set back at least 20 feet from the front property line and at
least 25 feet from all other property lines. A parish house, club,
school or public or semipublic building may also have one temporary
announcement sign, not over 32 square feet in area, on each public
street frontage of its property, located in the required front yard,
for a period not to exceed 30 days, for the purpose of announcing
a special event, provided that it is set back at least 20 feet from
the front property line and at least 25 feet from all other property
lines. The sign permit for such temporary sign shall automatically
be deemed revoked 30 days after the date of issuance of such permit,
and such temporary sign shall be removed from the premises upon the
revocation of such permit. There shall be no fee for the permit for
such temporary sign.
D.
Such signs may be double-faced.
E.
Such signs may be lighted only by shielded light sources attached
to the sign of any intensity not exceeding 15 watts of power.
A.
Real estate and construction signs shall be set back at least 20
feet from any property line. Such signs shall have a maximum area
of four square feet, except that subdivision signs shall have a maximum
area of 24 square feet. Such signs shall not be illuminated in any
residence district.
B.
Temporary directional signs indicating the location of a real estate
subdivision shall be permitted as variances for a period of one year
during the active selling of subdivision properties. Additional periods
of one year shall be the subject of applications to the Board of Appeals.
A.
The area of a sign shall be determined by the smallest rectangle
that encompasses all of the letters or symbols that make up the sign,
together with the area of any background of a color or material different
from the general finish of the building, whether painted or applied.
B.
The outlining by direct illumination of all or part of a building,
such as a gable, roof, wall, side or corner, is prohibited except
during the Christmas season.
C.
No flashing or moving signs, except time and temperature information,
or rooftop signs shall be permitted in any district.
D.
Illumination of signs shall be accomplished by means of shielded
light sources and in such a manner that no glare shall extend beyond
the property lines, disturb the vision of passing motorists or constitute
a hazard to traffic.
E.
Temporary or permanent signs resting on or attached to vehicles shall
not be used as a means to circumvent the provisions of this chapter.
F.
No sign shall be so located as to detract from or obstruct historical
buildings from public view.
G.
Billboards are prohibited in all residence districts, all business
districts and all industrial districts, except that the Village may
establish special public information centers in these districts wherein
directional signs for businesses, which are approved by the Village
Board, may be located.
H.
Nothing contained in this chapter shall be construed to prohibit
the Village or any other governmental agency from erecting and maintaining
public signs deemed to be necessary in the public interest.
I.
Any legally existing business or industrial use in a residential
district shall be permitted to erect signs for said use as if said
use were located in a business or industrial district where said use
is permitted.
A.
No sign shall be erected without first obtaining a permit from the
Building Inspector and paying the required fee set forth in this section,
except that any sign which has been approved by the Planning Board
during site plan review or a residence nameplate, street number, "for
sale," "for rent," "beware" or "caution" sign not exceeding two square
feet and accessory to a one- or two-family residential building shall
not require such a permit.
B.
Applications for sign permits shall be made upon forms provided by
the Building Inspector and shall include plans, specifications and
other such information as the Building Inspector may require.
C.
The Building Inspector shall determine that such proposed sign complies
with all the requirements of this chapter and all other applicable
laws and regulations of the Village of West Hampton Dunes before authorizing
issuance of a sign permit. Nonconforming signs shall be designated
as such on the sign permit issued.
D.
No sign permit shall be issued prior to the payment of a fee of $2
per square foot of sign area, but in no event shall the fee be less
than $20.
E.
Each sign permit issued shall be assigned a permit number that shall
be prominently and permanently displayed on the face of such sign.
Failure to so display such permit number shall constitute cause for
revocation of the sign permit by the Building Inspector.
F.
Each sign for which a sign permit has been issued may be inspected
for adequate maintenance, freedom from any hazardous condition and
structural soundness. If such sign is found to be unsafe, the Building
Inspector shall revoke the sign permit until such time as satisfactory
adjustments have been made.
H.
Any sign requiring a sign permit which does not have such a permit or which does not have a sign permit number displayed on its face or which has had its permit revoked shall be deemed to be an illegal sign under the provisions of this chapter. The Building Inspector shall cause a notice of such violation to be served on the owner of the building, structure or lot where said sign is located, or the lessee or tenant of the part of or of the entire building, structure or lot where said sign is located, requiring such owner or lessee or tenant to remove such illegal sign. Such notice may be served personally or by certified mail, return receipt requested. Persons found guilty of such violation shall be subject to a fine and/or imprisonment as set forth in § 560-61.
I.
No sign other than a sign erected by a governmental agency shall
be erected or placed within the right-of-way lines of a public street,
and any such sign may be removed by the Building Inspector without
notice to the owner.
A.
Outer courts or spaces.
B.
Inner courts or spaces. The least horizontal dimension of an inner
court at its lowest level shall be not less than the larger of the
following two dimensions:
On a corner lot in any district, except those in districts where
there is no minimum lot area requirement, within the triangular area
determined as provided in this section, no wall or fence or other
structure shall be erected to a height in excess of two feet; no vehicle,
object or any other obstruction of a height in excess of two feet
shall be parked or placed; and no hedge, shrub or other growth shall
be maintained at a height in excess of two feet, except that trees
whose branches are trimmed away to a height of at least 10 feet above
the curb level, or pavement level where there is no curb, shall be
permitted. Such triangular area shall be determined by two points,
one on each intersecting street line, each of which points is 50 feet
from the intersection of such street lines.
The requirements contained in this article are designed to promote
and protect the public health, to prevent overcrowded living conditions,
to guard against the development of substandard neighborhoods, to
conserve established property values and to contribute to the general
welfare.
Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of §§ 560-30 through 560-34. In addition, any building devoted to a business or industrial use which is hereinafter erected or converted to accommodate such uses shall provide a minimum floor area in conformity with the following schedule. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.
A.
One-family dwellings:
|
Minimum Floor Area
(square feet)
| |||
|---|---|---|---|
|
Required Lot Area per Dwelling Unit pursuant to Zoning
District
|
1-Story Building or First Floor
|
1 1/2- or 2-Story Building Combined
(2 floors total)
| |
|
MFPRD, R-10, R-15, R-20 and R-40 Districts
|
800
|
1,200
| |
|
R-60, R-80, R-120 and all CR Districts
|
1,000
|
1,400
| |
B.
Units for moderate-income families:
(1)
Single-family detached dwellings:
|
Type of Dwelling
|
Area
(square feet)
| |
|---|---|---|
|
1-story building or first floor
|
600
| |
|
1 1/2- or 2-story building combined, 2-floor total
|
1,000
|
(2)
Two-family detached dwellings:
|
Type of Dwelling
|
Area
(square feet)
| |
|---|---|---|
|
1-story building or first floor
|
1,200
| |
|
1 1/2- or 2-story building combined, 2-floor total
|
1,600
|
(3)
Apartments:
|
Type of Dwelling
|
Area
(square feet)
| |
|---|---|---|
|
1-room, studio or efficiency
|
400
| |
|
Each additional room
|
100
|
C.
Accessory apartments: 400 square feet.
The least overall dimension of any minimum required first-floor
area of a dwelling, other than mobile homes where permitted, shall
be 20 feet.
A.
Dwellings and dwelling units shall only be utilized by families for
residential purposes on a seasonal basis or for a longer duration
up to and including permanent residence, except as otherwise permitted
in this chapter.
B.
The use of dwellings and dwelling units for daily or weekly occupancy
is hereby declared to be a transient occupancy and is prohibited.
C.
Nothing contained in this section shall be construed as prohibiting
the use of a dwelling unit in a resort motel on a weekly rental basis.
A.
In residence districts.
(1)
No fence or wall in a required front yard shall have a height greater
than four feet.
(2)
No fence or wall in a required rear or side yard shall have a height
greater than six feet.
(3)
In no case shall any fence or wall have a height greater than six
feet.
(4)
Any fence or wall having a height four feet or less shall be exempt
from building permit requirements, provided that it shall be constructed
of standard materials used for such purposes.
C.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections A and B.
B.
All berms shall be constructed out of clean fill or an approved equal.
Said fill shall be given sufficient time to settle before final shaping
and topsoil are applied. After the settled fill has been shaped, a
uniform six-inch layer of approved horticultural topsoil shall be
placed and fine graded.
C.
All berms shall be properly vegetated and landscaped, as approved
by the Planning Board, before any erosion occurs in the topsoil on
the berm, or, in the alternative, the berm shall be covered with an
approved ground cover until such time the berm can be properly landscaped.
D.
Berms shall be constructed only during the period from March 1 through
October 15.
E.
No fence or wall shall be constructed on a berm. However, a retaining
wall may be placed on the sides of a berm where the Planning Board
finds said retaining wall will promote aesthetic considerations and
the height of the same does not exceed the grade of the berm.
F.
The construction of berms and the berm itself shall not interfere
with the natural drainage.
A.
In all residence districts, no berm shall have a height greater than
four feet in a front yard or six feet in a rear or side yard.
B.
In all nonresidence districts, no berm shall have a height greater
than six feet in a front, rear or side yard.
C.
Notwithstanding the provisions of Subsections A and B of this section, where the proposed berm is along a highway, the Planning Board may increase the height limitations of this section, where it would be in the public interest, by limiting adverse impacts from noise or light or by promoting aesthetic considerations. However, in no case shall a berm along a highway exceed 10 feet.
D.
The height of a berm shall be the vertical distance from the top
of the berm to the natural existing grade at the base of the berm.
A.
All berms, except those required to be constructed in connection
with the Planning Board's approval of a subdivision plat or site
plan, which exceed four feet in height shall require a building permit.
B.
All applications for a building permit for a berm shall include the
following:
(1)
A detailed grading plan of the entire site, indicating the existing
topography in contour intervals no greater than five feet and the
proposed topography in contour intervals no greater than two feet.
The scale of the grading plan shall be no greater than one inch equals
20 feet;
(2)
A cross section of the berm indicating the type of materials to be
used in constructing the berm (i.e., fill, topsoil) and the location
of landscaping. The scale of cross section shall be no greater than
one inch equals four feet; and
(3)
A detailed landscaping plan indicating the location, size and quality
of the species to be planted.
C.
All applications for a building permit for a berm shall be referred
to the Planning Board for its approval with respect to the compatibility
of the berm with the surrounding properties and associated land uses,
drainage considerations and landscaping.
D.
Within 15 working days of receipt of an application, the Planning
Board shall approve, approve with modifications or deny the application.
E.
The Building Inspector shall not issue a permit for a berm until
Planning Board approval has been received. Failure of the Planning
Board to act within 15 working days shall be deemed an approval.
[Added 4-12-2017 by L.L.
No. 2-2017]
A.
In all residential districts, exterior lighting shall be placed and
shielded in such a manner as not to illuminate beyond the property's
lot lines. The following standards shall apply:
(1)
The illumination of all exterior lighting shall be steady in
nature, not flashing, moving or changing in brilliance, color or intensity,
provided that such restrictions shall not apply to temporary decorative
lighting during Christmas or other recognized holiday seasons.
(2)
Shielding. All outdoor lighting fixtures shall be fully shielded
and aimed straight downward, with the following exceptions:
(a)
Unshielded outdoor lighting fixtures operated by motion sensors
are permitted, provided that:
[1]
The fixture is set to go on only when activated
and to go off within five minutes after activation has ceased; and
[2]
The sensor shall not be triggered by activity off
the property; and
[3]
The output per fixture does not exceed 1,800 lumens
(one-hundred-watt incandescent).
[4]
Outdoor lighting fixtures with total light output
of 900 lumens or less (sixty-watt incandescent or less) are exempt
from the shielding and aiming requirements.
(3)
Mounting height.
(a)
The mounting height of a fixture attached to any structure shall
not exceed 12 feet from the lowest light-emitting point on the fixture
to the area to be lit directly below the fixture, except for fully
recessed soffit lighting that otherwise complies with this article.
(4)
Setback. The setback for freestanding light fixtures from closest
side and/or rear yard property lines shall be greater than or equal
to three times the mounting height.
(5)
Subsequent to the effective date of this article, any addition
or expansion, whether single or cumulative, that is made to a residential
property, whereby lot coverage or floor area is increased by 25% or
more, shall subject said residential property to the provisions of
this article for the entire property, including previously installed
and any new outdoor lighting. Any modifications or alterations to
any such preexisting nonconforming light fixtures shall be subject
to all the requirements of this article.
B.
In all districts in the Village of West Hampton Dunes, the illumination
by artificial light of outdoor sports facilities, public or private,
is hereby prohibited. This prohibition shall not apply to private
outdoor swimming pools which may have lighting which is not elevated
more than one foot above the top of the swimming pool structure. For
purposes of this section, the swimming pool structure shall only include
the pool and its attached associated decking or patio.
C.
All legal, nonconforming light fixtures used in connection with artificial
illumination of outdoor sports facilities in existence on the effective
date of the adoption of this section shall, within six years of the
effective date of this section, become illegal and shall be removed.
D.
Any person, firm or corporation who or which shall violate any of
the provisions of this section shall be subject to a fine not exceeding
$250 for a first offense, a fine not exceeding $500 for a conviction
on a second offense, which offense occurred within an eighteen-month
period of a conviction of the first offense, and a fine not exceeding
$1,000 for a conviction on a third offense, which offense occurred
within 18 months of the occurrence of the first offense. Each and
every day of the continuation of a violation of this section shall
constitute a separate violation of this section for each day the offense
continues. In addition to any other remedy provided for herein, proceedings
may be instituted to enjoin any unlawful construction, installation,
use or maintenance of exterior lighting, and the owner of the property
shall be responsible for all reasonable costs and legal fees of any
judicial proceeding which is instituted for the enforcement of this
section.
E.
If any section, subsection, phrase, sentence or other portion of
this section is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portions shall be deemed
a separate, distinct and independent provision and such holdings shall
not affect the validity of the remaining portions hereof.
