City of Port Jervis, NY Supplementary Regulations

Any industry regulated by the federal Superfund Agency Reorganization Act (SARA) shall supply to the Energy and Environment Committee of the Common Council and to the Fire Chief:

The MSDS sheets for the regulated substances utilized;

The approximate amounts of each regulated substance maintained in inventory;

The types of containers used in the storage of regulated substances; and

The layout of the building showing where the regulated substances are stored.

Any change in the information submitted in conformance with the above requirements shall necessitate a new submittal of information regarding the nature and extent of that which has been changed.

§ 535-33 Supplementary regulations applying to all districts.

Self-service structures and booths.

Outside vending machines, self-service or coin-operated telephone booths, or any other similar structure, apparatus or device shall not be permitted in any zoning district except by special permission and at the discretion of the City Planning Board, and subject to such conditions, restrictions and safeguards as may be deemed necessary by said City Planning Board.

Such self-service structures and booths in existence without permission of the City Planning Board at the date of this chapter shall, at the expiration of one year from such date, become a prohibited and nonconforming use and shall be discontinued.

Temporary business movable structures.

No temporary, movable or portable structures used in connection with any gainful occupation or business, whether such structures are for sale, storage, or display purposes, shall be permitted in any zoning district except by special permission and at the discretion of the City Planning Board and subject to such conditions, restrictions and safeguards as may be deemed necessary by said City Planning Board.

All such temporary movable structures in existence without permission of the City Planning Board at the date of this chapter shall, at the expiration of one year from such date, become a prohibited and nonconforming use and shall be discontinued.

Exterior lighting.

Purpose. The purpose of this section is to provide standards for outdoor lighting, to encourage lighting that conserves energy and resources while providing safety, utility and security; to maintain and protect the scenic and aesthetic character of the City; to minimize glare; to protect the privacy of residences; to ensure that development fits into the character of the surrounding neighborhood; to reduce atmospheric light pollution; to avoid impacts on nearby residential properties; and to enhance the City's nighttime character.

Definitions. See in § 535-4.

Submission of plans and outdoor lighting compliance.

An applicant for any work involving outdoor lighting fixtures that requires site plan approval shall submit, as part of the application, evidence that the proposed work shall comply with this section. The submission shall contain the following:

Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;

[2]

Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cuts by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices;

[3]

Location and use of adjacent properties;

[4]

Nearby properties that may be affected by the proposed lighting plan;

[5]

Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions;

[6]

Additional information that the Planning Board or Building Inspector determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaries will be on and when they will be extinguished.

Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting permit has been issued or the site plan approved, a change request must be submitted to the Building Inspector for revised approval. The Building Inspector, in consultation with the City Engineer and City Planner, shall review the change request to assure compliance with this section. If the change request is not substantial, the Building Inspector may approve it. If the change request is substantial, the Building Inspector shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.

Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board or Building Inspector may approve such proposed alternative provided it:

Provides at least approximate equivalence to the applicable specific requirement of this section; and

Is otherwise satisfactory and complies with the purpose of this section.

General requirements: all zoning districts.

General standards. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The City encourages, and in some cases requires, that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) shall be observed. See sign regulations in Article XII for additional requirements.

Prohibitions.

Uplighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line.

[2]

Roof-mounted area lighting is prohibited.

[3]

The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited.

[4]

The use of mercury vapor lamps is prohibited.

[5]

Unshielded wallpack-type fixtures are prohibited.

Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in § 535-33C(5), shall be fully shielded using full cutoff light fixtures and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section of the Zoning Law. Floodlighting is discouraged and, if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line; light above a 90° horizontal plane.

Light trespass. Light trespass from a property shall be designed not to exceed 0.5 footcandle at the property line. An exception may be made for a nonresidential use in a nonresidential zoning district where light trespass may be allowed up to 3.6 footcandles onto an adjoining property, provided such adjoining property is also a nonresidential use in a nonresidential zoning district. Light trespass onto a public right-of-way shall not exceed the requirements for roadway lighting found in § 535-33C(6). Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above. Mitigation to avoid or minimize light trespass may include landscaping and berming.

Height. Unless specified elsewhere herein and except for recreational facilities, such as baseball and other field sports, the maximum allowable height of a freestanding luminaire shall be 16 feet above the average finished grade. The maximum allowable height of a building- or structure-mounted luminaire shall be 35 feet or as determined by the Planning Board.

Spacing. Space between fixtures should be approximately four times the height or as determined by the Planning Board.

Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. Nonessential can apply to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the City as determined by the Planning Board.

(h)

Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed so that the bottom of the fixture is flush with the ceiling.

(i)

Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded, as defined in this section.

Table of shielding requirements.

Fixture Lamp Type Shielded	Shielded
Low-/High-pressure sodium, metal halide, quartz, and fluorescent over 50 watts	Fully
Incandescent
Greater than 160 watts	Fully
160 watts or less, except for floodlighting [See § 535-33C(5)(c)]	None
Any light source of 50 watts or less	None
Fossil fuel	None
Other sources	As approved by § 535-33C(3)

Illuminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from IES, the applicable standard shall be determined taking into account the levels for the closest IES activity. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas. Maximum to average light levels shall be kept within a 6:1 ratio. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. Lighting in conformance with this section is required for all parking lots having five or more cars. The following current IES recommendations are to be observed, followed by a table presenting recommended outdoor lighting types:

Roadway Lighting, If Provided
Type of Road	Average Maintained Illuminance (FC)	Uniformity Ratio (average to minimum)
Major road	0.6 - 1.6	3:1
Collector road	0.4 - 1.1	4:1
Local road	0.3 - 0.8	6:1

Parking Lots
	Horizontal Illuminance (FC)
Level of Activity	Average	Minimum	Uniformity Ratio
High:	3.6	0.9	4:1
Automotive dealerships
Entertainment theaters
Medium:	2.4	0.6	4:1
Community shopping areas
Cultural, civic, or recreational events
Office parking
Residential parking
Low:	0.8	0.2	4:1
Neighborhood shopping with > 5,000 square feet
Industrial employee parking
Educational facility parking
Recreational facilities
Church parking
Wherever there is a requirement to maintain security at any time in areas where there is a low level of nighttime activity

Other Outdoor Lighting Levels
Building Exteriors	Footcandles
Entrances
Active (pedestrian and/or conveyance)	5
Inactive (normally locked, infrequently used)	1
Service stations
Approach	1.5
Driveway	1.5
Pump island	5
Service areas	2
Retail outdoor lighting	5
Auto sales lots	5

Recommended Outdoor Lighting Types
Lighting	Type Color	Recommended Uses	Comments
Incandescent	Full spectrum, white light	Infrequently used lighting, occupant sensor-activated lighting	Most common but most energy-inefficient of common lamp types
Fluorescent	Clear white light	Residential lighting, walkways, building entrances	Excellent color rendition, energy efficient, and inexpensive
Sodium
High-pressure	Yellowish cast	Sports fields, parking, roadways	Recommended only where light distribution is valued more than appearance; can negatively affect vegetation
Low-pressure	Monochromatic	Roadways, walkways, parking, security lighting	One of the most energy-efficient but recommended only where color rendering is not important
Light-emitting diodes (LED)	Variable, especially when digitally controlled	Area, architectural, walkway, landscaping and floodlighting	The emerging technology for LED lighting is eventually expected to eclipse traditional lighting due to long life, broad application and highest energy efficiency

Editor's Note: See Art. II-AA of the New York State Banking Law (§ 75-a et seq.).

Exemptions. The following uses shall be exempt from the provisions of this section:

Roadway and airport lighting and lighting activated by motion-sensor devices.

Temporary circus, fair, carnival, religious, historic, or civic use.

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

Temporary lighting, including holiday lighting for no more than two months per year.

Lighting associated with agricultural pursuits, including harvest activities, unless such lighting is permanent and/or creates a safety hazard.

Lighting, preferably low voltage, that is considered a landscape or building design element and is integral to the aesthetic value of the design, as determined by the Planning Board or Building Inspector.

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

(h)

Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government, the State of New York, the County of Orange, or any department, division, agency or instrumentality thereof.

Voluntary compliance with the intent of this section at those facilities is encouraged.

Nonconforming outdoor lighting. All outdoor lighting fixtures shall be brought into compliance with the provisions of this section within three years from date of adoption of Local Law No. 1 of 2020. No replacement or installation of new luminaires, including lamps, shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the City of Port Jervis shall comply with the terms and conditions of this section (§ 535-33C).

Enforcement and inspections. The City of Port Jervis Code Enforcement Officer is responsible for conducting postinstallation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section.

§ 535-34 Senior Citizen Affordable Housing District.

Purpose.

The City of Port Jervis hereby finds and declares that there is a need in the City of Port Jervis for housing developments located and designated to meet the special needs and habits of adults 55 years of age and older. Such housing can contribute to the dignity, independence and meaningful activity of our active adults.

The City of Port Jervis has determined that an appropriate means to fulfill these needs is to establish senior citizen affordable housing (SCAH) by zoning amendment, consisting of housing for adults over the age of 55 years that may or may not be directly supported or subsidized by a governmental agency, in accordance with the particular criteria established herein.

The purpose of the Senior Citizen Affordable Housing District (SCAH) is to enable the City of Port Jervis to permit, on a case-by-case basis, housing that satisfies the need for such developments in locations where it will not detract from surrounding land uses. Any use, other than the uses specifically enumerated herein, shall be prohibited in a Senior Citizen Affordable Housing District (SCAH).

Zoning. The SCAH option shall be available anywhere within the City of Port Jervis.

Application procedure.

Application for the establishment of a Senior Citizen Affordable Housing District shall be made to the Common Council. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas and other proposed facilities.

Once the Common Council has, in its sole discretion, accepted an application for a Senior Citizen Affordable Housing Floating District and has approved the same for a particular property, the applicant shall apply to the Planning Board for site plan approval in accordance with procedures set forth in this chapter for said plan approval.[1] If a period of more than one year elapses between the Common Council's approval of the SCAH District and the submission of a site plan application, the SCAH District designation shall lapse, and the property shall revert to its prior zoning classification.

Editor's Note: See § 535-80, Site development plan rules and regulations.

In addition to all other customary fees, a fee as provided in Chapter 280, Fees, shall accompany an application for Senior Citizen Affordable Housing District. In addition, the applicant shall pay reasonable expenses incurred by the City in review of said application and shall deposit in an escrow account with the City necessary funds to cover fees for technical assistance to the City, such as, but not limited to, City Planner and City Attorney.

Development standards.

It shall be the duty of the owner or his agent to file a certification with the Building Official indicating a compliance with this section's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filled no later than January 15 of each year. Failure to file certification as required shall be deemed a violation of this section subject to penalties set forth in § 535-94 of this chapter.

No dwelling unit shall contain more than one bedroom.

The occupancy of senior citizen affordable housing shall be limited to two persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidiary or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families the head of which so qualifies. The occupancy of a dwelling unit by a family the head of which is younger than a senior citizen shall be permitted if it is established that the presence of such person is essential for physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.

Within the senior citizen district, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related facility.

Bulk standards.

The gross site density shall not exceed 24 dwelling units per acre.

The maximum building height shall be 35 feet or 2 1/2 stories, whichever is less.

The minimum distance between detached buildings shall be 40 feet.

The required side, front and/or rear yard may be decreased to five feet by the Planning Board.

The maximum size of a senior citizen dwelling unit for one bedroom shall be 700 square feet.

Lot coverage shall not exceed 35%.

The Common Council, upon the recommendation of the Planning Board, may authorize the Planning Board to modify those sections of this chapter relative to lot dimensions, building setbacks, and density in the site plan of properties when necessary to comply with the provisions in this section and to promote the intent of this section.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide group privacy.

There shall be provided a safe and convenient system of drives, service access road and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles and these shall be provided with proper screening and maintenance.

Where a dwelling unit is to be rented, the lease for said unit shall not exceed two years. As long as an occupant remains eligible and has complied with the terms of the lease, the occupant shall be offered a two-year renewal of the lease. If an occupant's annual income shall exceed the eligible income level by more than 20%, and there is an eligible applicant for the unit, the occupant may complete the then-current lease term only.

Occupant selection standards. The following standards shall be used to determine occupancy:

Veterans of the United States Armed Forces 55 years of age or older.

Households whose head of household and spouse are 55 years of age or older.

Households whose head of household or spouse is 55 years of age or older.

Deed restrictions.

Ownership. The title to affordable senior citizen housing shall be restricted so that, in the event of resale by the owner or any successor, the project shall remain as affordable senior citizen housing for a period of 30 years from the date of the original certificate of occupancy.

Rental. The title to a development containing affordable senior citizen housing rental units shall be restricted so that, in the event of resale by the owner, the purchaser shall be obligated to maintain the provisions of the rent regulation agreements in accordance with Subsection D(9) and (12) of this section.

(12)

Rent regulation and lease renewal; continued eligibility. An occupant of a senior citizen affordable housing rental unit remains eligible for the renewal of a lease if the occupant's aggregate income at the time of the lease renewal does not exceed four times the current rental ceiling rate for the occupant's unit or as described or set forth by state and/or federal law.

(13)

Improvements restriction. The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits necessary.

(14)

Parking requirements: 0.5 per dwelling unit. Parking spaces, except for handicapped, shall be nine feet by 18 feet.

Duration of approval. A site development plan of a senior citizen affordable housing development approved in accordance with these regulations shall remain valid for a period of two years following the approval of the site plan by the Planning Board and all other necessary governmental approvals as shall be needed to start construction. If, at the end of that two-year period, no application for a building permit has been filed, then the plan shall be considered as having lapsed and shall be of no effect. However, one two-year extension may be granted by the Planning Board for the site plan if the developer shows reasonable grounds for delay in the start of construction. Further, once a building permit is issued, if a substantial portion of the construction anticipated under said building permit authorization is not commenced within one year of the issuance of the permit, the permit shall be void ab initio.

§ 535-35 Supplementary regulations applying to Mountain Conservation District only.

Purposes. It is the intent of the City of Port Jervis to achieve on the several large, undeveloped parcels of land remaining within the City limits a quality of design and development which:

Permits flexibility of design and development in such a way as to promote superior land planning and greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, facilitate adequate and economic provision of streets and utilities, preserve open space and the natural and scenic qualities of open lands, protect floodplains and other natural features, and otherwise encourage the most appropriate use of land.

Promotes a development in harmony with the objectives of the City's Comprehensive Plan.

Kinds of dwelling units permitted. Single-family homes (either detached or attached) and multifamily dwellings shall be permitted (preferably in combination) within the Mountain Conservation District. In the case of attached and/or multifamily structures, no more than five dwelling units shall be accommodated within any one structure.

Development standards and controls. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall also be applicable to Mountain Conservation District development. Nothing contained in this chapter shall relieve the owner or the owner's agent or the developer of a proposed Mountain Conservation District development from receiving subdivision plat approval in accordance with the City Subdivision Regulations.[1] In approving the final plat for a Mountain Conservation District development, the Planning Board may modify the acreage requirement for recreation areas of the City Subdivision Regulations, provided that the common land dedicated in Subsection C(6) of this section meets all other requirements of the City Subdivision Regulations.

Density. The maximum number of dwelling units that may be permitted shall be determined in the following manner:

Compute total site acreage from a survey of the property prepared by a licensed surveyor.

Deduct from the gross acreage [Subsection C(1)(a) above] the acreage represented by lands under water, within a floodway, within a New York State designated wetland, within easements or rights-of-way for overhead or underground utilities, with slopes (unexcavated) of over 20% (as based on a two-foot contour survey prepared by a licensed surveyor) or within a designated street line of any road.

Multiply the net acreage [Subsection C(1)(b) above] by 10. The resulting whole number (unrounded) represents the maximum number of dwelling units that will be permitted on the site.

Minimum lot size. To allow for maximum flexibility in design and land use, no minimum lot size shall be required in the Mountain Conservation District.

Frontage. The site must have a minimum street frontage of 100 feet and two means of access for more than 15 dwelling units, and access to the parcel must not create any traffic hazards.

Maximum coverage. The permitted gross building coverage on any Mountain Conservation District development site shall not exceed 20% of the gross land area.

Setbacks, screening and buffering of the site's surrounding property. In reviewing the site plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas from adjacent property lines and may require setbacks up to twice the normally applicable setback requirement for one-family dwellings in the nearest zoning district to which the Mountain Conservation District development is located. Buffer and screening areas shall be landscaped, left in their natural state, or provided with additional evergreen foliage as required by the Planning Board.

Open space and recreation areas. At least 30% of the gross acreage of any development shall be composed of land which is used for recreation purposes and/or preserved as open space.

Layout design considerations.

Environmentally sensitive land. The Planning Board will seek the preservation of steep slopes, wetlands, floodplains, water bodies, and other environmentally sensitive or unique open space or natural features.

In large-scale subdivisions, the Planning Board shall consider the layout of small residential groupings within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a large, massive concentration of units, with little or no differentiation, can be avoided, and so that the character of the development will match the character of the neighborhood in which it is located.

In each development, a pedestrian circulation system shall be designed and installed, in addition to the vehicular circulation system, which is sufficient for the needs of residents. Such a system may be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design, and location to serve their intended function.

Utilities and services.

The development must be served by central water supply and central sewage treatment systems as approved by the appropriate governmental agency or agencies having jurisdiction thereof.

Roof-mounted cooling systems shall be completely screened from view.

Surface water retention facilities shall be developed so that the rate of stormwater runoff after construction is no greater than the rate of runoff prior to development.

On-site lighting shall be directed downward and shall not reflect on adjacent properties.

Energy efficiency. The plan for development shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for a majority of all dwelling units and any closely situated structures on adjacent parcels.

Fire protection. Adequate water supply and pressure must be available on site to meet the firefighting requirements for the largest proposed units on the site, to the satisfaction of the Planning Board.

Open space, homeowners' association or deed restrictions. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space, or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Legal documents for such ownership, use and maintenance, such as documents for a homeowners' association, deed restrictions, covenants or park districts, shall be approved by the City Attorney.

Editor's Note: See Ch. 470, Subdivision of Land.

Conservation areas.

General. Conservation areas may include wetland areas, floodplains, steep slopes, or other open space areas having meaningful scenic, ecological, environmental and/or recreational characteristics, with such access, shape, size, and location as determined appropriate by the Planning Board to satisfy the intended purpose, but shall not include parking areas or roads.

Continued preservation. The permanent preservation of such open space areas shall be legally assured to the satisfaction of the Planning Board and City Attorney by the filing of appropriate covenants, deed restrictions, easements, or other agreements, unless:

The Common Council agrees in its discretion to accept the dedication of all or any part of such areas; or

All or part of such areas is to be transferred to a conservation organization which is dedicated to the permanent preservation of open spaces and is approved by the Common Council.

Ownership of conserved land areas. The ownership of conserved land areas shall be divided equally or proportionately among all owners of building lots or units within the development, except where all or an appropriate portion of the conserved land area is deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to the conservation organization and the Planning Board, or offered for dedication to the City of Port Jervis, and the Common Council has voted to accept such offer. Except in those cases where the ownership of the conserved land areas is to be vested in the City or an approved conservation organization, the developer shall execute and file with the Common Council such documents as will be sufficient to create a home or property owners' association responsible for the conserved land areas in accordance with the requirements of Subsections E and F below.

Organization. A Mountain Conservation District development shall be organized as one of the following:

A home or property owners' association approved by the Common Council upon recommendation of the City Attorney and the New York State Attorney General;

An organization akin to a condominium or a cooperative approved by the New York State Attorney General and the Common Council;

A funded community trust approved by the Common Council upon recommendation of the City Attorney; or

A special multipurpose taxing district approved by the Common Council upon recommendation of the City Attorney.

Home or property owners' association. Whenever a home or property owners' association is proposed, the Common Council shall retain the right to review and approve the Articles of Incorporation and charter of said association and to require whatever conditions it deems necessary to ensure that the interest and purpose of this chapter are carried out. In consideration of said approval, the Common Council shall, in part, require the Mountain Conservation District development to meet the following conditions:

The association shall be established as an incorporated, not-for-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.

Title to all common property shall be placed in the association, or definite and acceptable assurance shall be given that it automatically will be so placed when 50% of the units are sold, said common property to be subject to a development easement granted to the City for the purpose of guaranteeing its perpetuity as open space.

Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the association.

Dedication of all common areas shall be recorded directly on the subdivision plat, or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

Save the title to the common property to the association free of any cloud of implied public dedication;

Commit the developer to convey the areas to the association at an approved time;

Grant easements of enjoyment over the area to dwelling unit/lot owners; and

Give to it the right to suspend membership rights for nonpayments of assessments or infractions of published rules.

Covenants shall be established limiting all dwelling units to one-family use and all common lands to open space uses. No structures may be erected on such common lands except as approved by the Planning Board in accordance with the provisions of § 535-80 of this chapter.

Each deed to each dwelling unit/lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment of such).

The association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee and provision for assessments, and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

The developer shall assume all responsibilities as previously outlined for the association until a majority of the dwelling sites are sold, at which time the association shall be operated by an elected board of directors whose members shall come from the association.

As a condition of site plan approval, the developer shall file with the Common Council a performance bond (or cash equivalent to the cost of completion) to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond for all common land until the association is established. The amount and period of said bonds shall be determined by the Planning Board, and their form, sufficiency, manner of execution, and surety shall be approved by the Common Council upon recommendation of the City Attorney.

Adjustment of assessments. The association shall have the power to adjust assessments to meet changing needs.

(12)

Recourse. In the event that the maintenance, preservation, and/or use of the conserved land area(s) ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving the subdivision plat, the City shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual property owner within the development all costs incurred by the City for such purposes.

(13)

Permitted uses in conservation areas.

Except where otherwise approved by the Planning Board, conserved land areas shall be preserved in their natural state and the use of such areas shall be limited to appropriate conservation, open space, and recreation purposes as determined by the Planning Board. A portion of the conserved land area(s) may be designated "active recreation area" on the plat, in a location approved by the Planning Board. Such active recreation area shall not exceed 10% of the total area of the proposed plat.

Within such active recreation area, structures and facilities for active recreational purposes, including playground equipment, swimming pools, tennis courts, and so forth, may be constructed and operated for the use of the property owners in the related development and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities, or the proposed establishment of such new structures and facilities not shown on the filed plat shall be subject to site plan approval procedures as set forth in § 535-80 of this chapter.

§ 535-36 Noncommercial swimming pools.

Requirements for in-ground and aboveground pools. Any private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:

Such pool shall be located in the rear yard only.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be six inches above the overflow level of said pool.

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

No permit shall be granted for the installation or construction of said swimming pool unless the plan thereof shall meet the minimum construction requirements of the Building Department of the City of Port Jervis and unless the Building Official, or a licensed professional engineer of New York State, shall have certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, or with the public streets.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Adjacent to every side and rear lot line within the rear yard area there shall be an effective screening consisting of either a wooden fence of six feet in height or a dense, evergreen hedge of suitable plant material capable of growing to a six-foot height. Such hedge at the time of planting shall not be less than four feet high.

All plumbing is to be installed in accordance with the New York State Sanitary Code.

Additional requirements for in-ground noncommercial swimming pools. Any in-ground swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following additional requirements:

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence of not less than four feet in height.

The pool shall be provided with an adequate permanent fence or barrier of not less than four feet in height. Said fence shall be erected, maintained and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents.

Such pool, measuring from the edge of the water, shall be located no less than 10 feet from the side and rear lot lines and not less than five feet from the main building.

The slope around a pool that abuts the side or rear lot lines shall not be in excess of 35% and shall meet the existing grade at least two feet inside the property line.

Additional requirements for aboveground noncommercial swimming pools. Any aboveground swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following additional requirements:

Such pool, measuring from the outside edge of any elevated, accessory walkway or deck, shall be located not less than 10 feet from the side and rear lot lines. No setback shall be required for the deck or walkway from the main building, except that the base of the pool shall not be less than five feet from the main building.

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence of not less than four feet in height, and all points of access shall be adequately protected by a self-closing, self-locking gate.

Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Official shall, at his/her discretion, issue a permit for the erection of said pool without such fencing. The Building Official shall, however, first make a finding to the effect that, in his/her opinion, said pool has equal protection from entry as would be afforded by the erection of a fence as provided for above.

§ 535-37 Supplementary regulations applying to multifamily dwellings and tourist home accommodations.

This applies to all multifamily dwellings, manufactured homes, tourist accommodations, bed-and-breakfasts, as defined, located within the City of Port Jervis.

Applicability.

The provisions of this article in this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the City, County or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.

Supplementary regulations applying to all residential districts.

Roomers or lodgers in residential areas. Nothing herein shall prevent the taking of boarders or lodgers by a resident owner who occupies the balance of the house, or the renting of rooms by a resident owner who occupies the balance of the house, in Districts R-1, R-2 and NMU, provided that the taking on of boarders and lodgers and renting of rooms is incidental only to the family use of such residences, and provided also that the number of such boarders or lodgers shall not exceed two persons and the number of rooms rented shall not exceed two rooms; except that the City Planning Board may grant a revocable permit for a greater number of boarders or lodgers or the renting of rooms in all districts if the premises are owner/landlord occupied and if the Planning Board determines it to be in the public interest in the course of its site plan review, and then only on such conditions and regulations as the Planning Board deems necessary to protect neighboring properties.

Permit required.

All multifamily dwellings, manufactured homes, tourist accommodations and bed-and-breakfasts in the City must have a permit issued by the City Building Inspector.

Application for permit.

Application for a permit for a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast shall be made, in writing, to the City Building Inspector on a form provided by the Inspector for that purpose.

Such application shall be filed in duplicate and shall contain:

The name, address and telephone number, if any, of the owner of the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast.

The street address and Tax Map description (section, block, lot or lots) of the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast.

The number of dwelling units/rooms in the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast, the dimensions of each dwelling unit/room, the number of persons intended to be accommodated by and to reside in each such dwelling unit/room and a description of the present use or uses thereof, if any.

The name, address and telephone number of the managing agent or operator of each such multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast who is authorized to act on behalf of the owner, along with his or her phone number. The name and phone number of an on-premises person who can grant access to the building and its occupants shall also be furnished. The City Building Inspector shall be notified within 10 working days of any change in this information.

The name and address of the insurance company, if any, providing the fire and other hazard and public liability insurance for the owner of the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast, with a description of the type of insurance provided, the policy limits for each coverage and the policy number and expiration date of such policy.

Such application shall be signed by the owner of the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast, and the statements of such owners therein contained shall be verified under oath.

Fees.

A nonrefundable permit application fee set from time to time by the Common Council in Ch. 280, Fees, shall be paid upon filing an application for a permit. A nonrefundable permit renewal fee also set by the Common Council shall be paid upon filing an application for renewal.

Review of permit application; registry; posting.

Review. The City Building Inspector shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast. If satisfied that the proposed use and premises comply fully with all applicable laws, rules and regulations of the state, County and City, including local laws and ordinances, and that such proposed use would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining or nearby properties, the City Building Inspector shall issue the permit or permits applied for.

Registry. It shall be the duty of the City Building Inspector to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of dwelling units/rooms at such street address and the date of expiration of permit for such unit. Such registry shall be kept available for public inspection during regular business hours at the office of the Inspector.

Posting. The permit containing the number of dwelling units/rooms and the names and addresses and phone numbers of the owner and premises manager shall be conspicuously posted at or near the principal entrance.

Term of permit; renewal; enlargement.

Term. All permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be renewed for additional one-year periods as provided in Subsection B of this section.

Renewal.

A renewal application must contain the same information required for the initial application by § 535-37D, must be accompanied by the fee required under § 535-37E and must be submitted to the City Building Inspector.

A renewal permit shall be granted unless the City Building Inspector finds there is reasonable cause not to renew. The Inspector shall notify the applicant of there being reasonable cause not to renew. Within 10 working days the applicant may request a hearing before the Inspector. During this hearing process, the applicant will be issued a temporary permit which shall expire 60 days after the final decision of the Inspector.

The aforesaid hearing shall be public, and the applicant may be represented by counsel and shall be able to call witnesses on his or her behalf. The Planning Board Chairperson shall act as Hearing Officer and, in his or her discretion, may decide not to renew the permit if, upon substantial evidence, the Planning Board Chairperson determines that the multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast is either a nuisance to neighboring or adjoining property or is not in compliance with all required state, county and City laws, ordinances, rules and regulations.

Enlargement. Any enlargement of an existing multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast shall require a full review under this section.

Inspections; search warrants.

Inspections. The City Building Inspector or his or her designee is authorized to make or cause to be made inspections, from time to time, to determine the condition of any multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast and to safeguard the health, safety and welfare of the public. The City Building Inspector or his or her designee is authorized to enter, upon consent of the owner or occupant, any rental unit and the premises in which the same is located at any reasonable time. Unconsented entries and entries at unreasonable hours may be made upon warrant duly issued by a justice of the City Court of the City of Port Jervis. All applications and renewals shall be granted only after an inspection.

Search warrants. The City Building Inspector or his or her designee is authorized to make application to the City Court of the City of Port Jervis for the issuance of a search warrant to be executed by a City constable, state trooper or other law enforcement officer where there exists reasonable justification for an inspection to be conducted pursuant to this chapter or where there is reasonable cause to believe that there has occurred or is occurring a violation of this chapter, of the Multiple Residence Law, of the New York State Uniform Fire Prevention and Building Code or of the City of Port Jervis Zoning Law. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.

Notification of permit violations.

The City Building Inspector shall notify a permit holder of reasonable cause to believe the permit has been violated in any of the following ways:

The permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued for a period of 10 days or more after written notice has been given to the permit holder or the managing agent of such rental unit a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code or of the City of Port Jervis Zoning Law.

It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any person to:

Operate a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast without a permit.

List, solicit, advertise or offer, exhibit or show to any person a dwelling unit/room in a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast located within the City of Port Jervis for the purpose of bringing about the rental thereof where no currently effective permit has been issued in respect of such dwelling unit/room as herein required. No violation of this section shall occur if the person is licensed by New York State as a real estate broker or real estate salesman and is acting solely in that capacity.

Accept a deposit of rent or security or a commission in connection with the rental of a rental unit in a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast located within the City of Port Jervis where no currently effective permit has been issued in respect of such rental unit as herein required. No violation of this section shall occur if the person is licensed by New York State as a real estate broker or real estate salesman and is acting only in that capacity.

Sell a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast which does not have a permit under this chapter.

In the event that a person convicted of a violation of Subsection I(2)(d) of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the City Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the City pursuant to the provisions of Article XIIA of the Real Property Law.

Penalties for offenses.

A violation of any provision of this article of this chapter shall constitute an offense within the meaning of the Penal Law of the State of New York, punishable as provided for in this chapter. A fine of no less than $250 and no greater than $500 for a first offense and/or up to 15 days in jail shall be imposed upon conviction, and a fine of no less than $500 and no greater than $1,000 and/or up to 30 days in jail shall be imposed for conviction of a second or subsequent offense.

§ 535-37.1 Supplementary regulations applying to cannabis retail dispensaries and tobacco retailers.

[Added 11-28-2022 by L.L. No. 11-2022]

Applicability.

These regulations shall apply to all structures and/or uses related to cannabis retail dispensaries and tobacco retailers. No cannabis retail dispensary or tobacco retailer shall be established in the City of Port Jervis except in compliance with the provisions of this chapter.

Every cannabis retail dispensary or tobacco retailer shall apply to the City of Port Jervis Planning Board for a special use permit and site plan approval for that use prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the City of Port Jervis Zoning Code, including, but not limited to § 535-80 and other applicable provisions of the City of Port Jervis Code and City Charter.

Zoning districts for cannabis retail dispensaries and tobacco retailers. Cannabis retail dispensaries and tobacco retailers shall only be allowed in the Central Business District (CBD) zoning district subject to site plan review and issuance of a special use permit by the City of Port Jervis Planning Board and further subject to the regulations set forth in this section.

Other location restrictions for cannabis retail dispensaries and tobacco retailers.

The lot line of any property whereupon exists a cannabis retail dispensary or tobacco retailer shall not be located within a 100-foot radius of the lot line of any lot that is currently used or has the ability to be used for the following:

School;

Public parks;

Recreational facilities;

Playgrounds;

Child day care, pre-K or nursery facilities;

Libraries;

Churches, synagogues, mosques or other places of worship; or

(h)

Drug or alcohol recovery or rehabilitation facilities or other related health care facilities.

Special use criteria for cannabis retail dispensaries and tobacco retailers. As part of any review by the Planning Board under this subsection, the following shall be submitted and/or considered by the Planning Board as part of its review of any special use permits for cannabis retail dispensaries or tobacco retailers:

Cannabis retail dispensaries and tobacco retailers must be fully enclosed and shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.

No outside storage of marijuana, related supplies or promotional materials is permitted.

No smoking or consumption of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary. No burning of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary.

Each special permit use shall not include the display of signs, noise, fumes, or lights that will hinder normal development of the zoning district or impair the use, enjoyment, and character of adjacent land and buildings.

The application shall include a site plan and fully dimensioned diagram or floor plan showing planned occupancy or use of all areas, including exits, fire prevention measures, windows, ventilation, and doors as well as any other factors determined to be necessary and appropriate by the Planning Board.

Security measures shall be implemented which are sufficient to ensure that no unauthorized persons can gain access to the building and outdoor activity areas. Such measures shall be described in detail in the special permit application.

Subject to applicable law, as a part of any special use permit application to the Planning Board, copies of all information submitted to the State of New York in application for a license to operate under the Marihuana Regulation and Taxation Act shall be submitted as part of the special permit application.

All special use permits issued under this subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies.

A special use permit granted under this subsection shall have a term limited to the duration of the applicant's use of the premises as a licensed operator. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit.

Any violation of this section shall be grounds for revocation of a special use permit issued under this section.

A revocation of the respective license by the state shall be grounds for revocation of the special use permit.

(12)

Hours of operation for these uses shall be set by the Planning Board in its complete and total discretion.

(13)

Posting of signs:

In addition to other applicable sign regulations, it shall be a special use permit condition that no person or entity shall sell or continue to sell or distribute tobacco or tobacco-related products and/or cannabis or cannabis-related products in the City of Port Jervis unless a sign is posted at the point of sale in a conspicuous place that warns of the dangers of such products, including, at a minimum, the following statement: "WARNING: THE PRODUCTS YOU ARE ABOUT TO PURCHASE MAY CONTAIN NICOTINE, WHICH IS AN ADDICTIVE CHEMICAL."