Airmont City Zoning Code
ARTICLE X
Landscaping; Environmental and Swimming Pool Maintenance Requirements; Performance Standards
§ 210-82 Authorization to adopt rules and regulations.
Pursuant to the provisions of § 7-725-a of the Village Law and Article 10 of the Municipal Home Rule Law and Article XX of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.
§ 210-83 Landscaping and erosion and sedimentation controls.
The minimum landscape requirements and erosion and sedimentation controls for any use requiring site development plan approval are a general guide only and may be waived or varied by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of this chapter.
§ 210-84 Compliance with state environmental quality review act.
The provisions of the State Environmental Quality Review Act (SEQRA) shall be complied with as appropriate. Fees for SEQRA processing are in addition to other fees required by this chapter as set forth in the Standard Schedule of Fees of the Village of Airmont.
§ 210-85 Swimming pools.
No person shall maintain a swimming pool unless the safeguards set forth herein are observed:
A.
All in-ground swimming pools shall be encompassed within a permanent protective fence so that the entire perimeter of the swimming pool shall be surrounded thereby. The fence must be structurally sound, durable, and maintained in such condition, not less than 48 inches in height, with spaces not exceeding three inches between the planks or linkage. The entrance gate or gates shall have a self-latching device located at the top of the fence and, except for ingress to and egress from the swimming pool area, must be kept closed at all times.
B.
Aboveground pools which are at least 48 inches above grade need not be fenced, provided that the pool itself is so constructed that when not attended by a person of suitable age the steps or ladder to the pool shall be removed or raised in such fashion so that access cannot be gained. Any deck with access to the pool must comply with the pool barrier requirements set forth in the New York State Building Code.
C.
All fences and other safeguards referred to herein must be approved in writing by the Building Inspector of the Village of Airmont.
D.
Distance to lot line shall be measured from a point beginning at least 10 feet from the edge of the pool.
E.
Compliance with any other state law, rule or regulation governing swimming pools.
§ 210-86 Performance standards.
A.
Conformance required. No use hereafter shall be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.
B.
Standards.
(1)
Noise.
(a)
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band filters shall be employed. Octave band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall be used. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with an impact noise filter in order to determine the peak value of the impact.
(b)
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point, on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following table, except that where the lot lies within 200 feet of a residence district, whether within or without the Village, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table and, further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m., and all day Sunday.
Sound Pressure Level (decibels) | ||
|---|---|---|
Octave Band (cycles per second) | Level Highway* | Residential Neighborhoods |
0 to 74 | 60 | 45 |
75 to 149 | 60 | 45 |
150 to 299 | 65 | 50 |
300 to 599 | 70 | 55 |
600 to 1,199 | 70 | 55 |
1,200 to 2,399 | 70 | 55 |
2,400 to 4,799 | 70 | 60 |
4,800 to 20,000 | 65 | 65 |
NOTES: |
Weighted by Special "A" Curve. |
* Within 200 feet of Route 59, Thruway, Airmont Road. |
(c)
Exemptions. The following uses and activities shall be exempt from the noise level regulations: noises not directly under the control of the property user; noises emanating from construction and maintenance activities between 8:00 a.m. and sunset; the noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals; and transient noises of moving sources, such as automobiles, trucks, airplanes and railroads.
(2)
Vibration.
(a)
Method of measurement. For the purpose of measuring vibration, a measuring system approved by the Planning Board shall be employed.
(b)
Maximum permitted steady state and impact vibration displacement. No activity shall cause or create a steady state or impact vibration on any lot line with a vibration, displacement by frequency bands in excess of that indicated in the following table.
Vibration Displacement (inches) | ||
|---|---|---|
Frequency (cycles per second) | Steady-State | Impact |
Under 10 | 0.0005 | 0.0010 |
10 to 19 | 0.0004 | 0.0008 |
20 to 29 | 0.0003 | 0.0006 |
30 to 39 | 0.0002 | 0.0004 |
40 and over | 0.0001 | 0.0002 |
(3)
Smoke, dust and other atmospheric pollutants.
(a)
General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to the property.
(b)
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceeds the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(c)
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(d)
Maximum permitted emission of dust. The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion. There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating. All properties shall be suitably improved and maintained with appropriate landscaping and paving, or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
(4)
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
(5)
Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
(6)
Radiation and electromagnetic interference.
(a)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
(b)
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Village.
(7)
Fire, explosive hazard and heat.
(a)
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted except as provided for in Article III, § 210-7D.
(b)
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
(8)
Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Rockland County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
(9)
Vehicular traffic. No business or industrial use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Administration, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction, due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
§ 210-87 Exterior lighting.
A.
Legislative intent. The regulation of exterior lighting in the Village of Airmont is intended to protect the health, safety and welfare of residents by ensuring that lighting from one property does not shine onto a neighboring property. Regulation of exterior lighting also serves to mitigate undue light pollution, which impacts the wildlife in Airmont, as well as impacts the community character of the Village.
B.
Applicability.
(1)
All exterior fixtures installed, replaced, or repaired after the effective date of this Zoning Code shall conform to the standards established by this chapter.
(2)
Existing lighting in conflict with this Zoning Code shall be classified as "nonconforming," except for the following:
(3)
Nonresidential properties nonconforming due to light pole height prior to the effective date of this section, September 4, 2018, shall be required to conform in the event that a new or revised site plan is sought.
(a)
Other nonconforming nonresidential properties will be required to come into conformance within two years.
C.
Outdoor lighting standards.
(1)
General lighting standards for site plan review.
(a)
Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to not be incompatible with surrounding land uses. The applicant shall provide a lighting plan showing that exterior lighting will not be directly visible beyond the boundaries of the property line to the maximum extent practicable, in accordance with § 164-9B. Any lighting shall be directed away from adjoining streets and properties, and shall be arranged as to reflect the light away from any adjoining properties and abutting streets, highways and roads.
(b)
Parking lots shall be shielded by a landscaped buffer to prevent headlights shining onto adjoining properties or roads.
(3)
Type of fixtures for all exterior lighting. All exterior lighting shall use full cutoff fixtures with the light source directed downward and with the fixture level with the horizontal plane, with the following exceptions:
(a)
Unshielded residential fixtures equal to one sixty-watt incandescent light per fixture, regardless of number of lamps, are allowed, provided that the illumination standards are met.
(b)
Residential floodlights of less than 1,800 lumens (one-hundred-watt incandescent) are permitted if angled downward such that the center beam is not directed above a forty-five-degree angle measured from the vertical line from the center of the light to the ground, and only if the fixture does not cause glare or excessive lighting and beam spread beyond the intended target or across property lines. Photocells with operable timers that allow a light to go on at dusk and off by 11:00 p.m., as well as motion-sensor-activated lights, are encouraged.
(c)
Temporary residential lighting installed and lit between November 15 and January 15 of the following year.
(d)
Residential sensor-activated fixtures, provided that:
(e)
Lighting of radio, communication and navigation towers is allowed, provided that the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can be met only through the use of lighting that does not comply with this chapter and that the provisions of this chapter are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless specifically forbidden under FAA requirements.
(f)
In situations of lighted flags which are not illuminated with downward lighting, upward lighting may be used in the form of a narrow cone spotlight which confines the illumination to the flag. Municipal flags are exempt from this requirement.
(4)
No fixtures shall be taller than 12 feet from the ground to their tallest point in residential zoning districts and 20 feet from the ground to their tallest point in nonresidential zoning districts.
(5)
Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.
(6)
For all nonresidential lighting, the maximum illuminance at or beyond the property line that adjoins a residential parcel or public right-of-way may not exceed zero foot-candle horizontal on the ground or 0.1 foot-candle vertical measured at a five-foot height above the ground, unless another applicable law supersedes. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties is 0.1 foot-candle.
(7)
Illumination of all off-street parking and loading facilities, other than those accessory to one- and two-family dwellings, shall be provided such that the lighting level shall not exceed an intensity of one foot-candle at pavement level as per § 164-9B(11).
D.
Procedures for nonresidential lighting.
(1)
Any change or alteration of nonresidential exterior lighting must be approved by the Building Inspector and verified, post installation, by the Building Inspector to ensure compliance with all the provisions of this Zoning Code. Where new installations have been designed by an illuminating engineer/professional, he or she shall also conduct a post-installation inspection to verify and certify that the installed system operates as designed.
(2)
All applications for site plan review, special permits, or building permits shall include lighting plans, fixture and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following, if requested by the Building Inspector, in order to verify that lighting conforms to the provisions of this section:
(a)
Location of each current and proposed outdoor lighting fixture indicated on a site plan.
(b)
Type of fixture equipment, including cutoff characteristics, indicating manufacturer and model number.
(c)
Lamp source type, lumen output, and wattage.
(d)
Mounting height indicated, with distance noted to nearest property line, for each fixture.
(e)
Shielding and all mounting details, including pole foundation description.
(f)
A photometric plan, showing initial illuminance levels as expressed in foot-candle measurements on a grid of the site showing foot-candle readings in every five-foot square. The grid shall include light contributions from all sources.
(g)
Statement of the proposed hours when each fixture will be operated.
(h)
Total exterior lighting lamp lumens for the proposed property.
(i)
Lighting manufacturer specifications (cut sheets), with photographs of the fixtures, indicating the cutoff characteristics of the fixture.
(j)
Types of timing devices used to control on/off.
§ 210-88 Standards for importation of fill materials.
A.
Legislative intent. To ensure that all fill materials imported are protective of human health and the environment on the short and long term basis.
B.
All imported soils must meet the following requirements:
(1)
Exclusively native soils.
(a)
For the total importation of less than 50 cubic yards, a certification, on a form acceptable to the Village of Airmont, by the generator or by a qualified environmental professional, as defined in 6 NYCRR 375-1.2(ak) on behalf of the generator which is submitted, as part of the building permit, that the subject materials are exclusively native soils and have no, i.e., 0%, materials other than native soils and native rock. The certification must include the analytical results, test results, volumetric measurements of fill material to be relocated and a statement that the subject source site has no history of fill or contamination. Certifications shall be made on a form acceptable to the Village of Airmont.
(b)
For the total importation of greater than 50 cubic yards, the above mentioned certification as well as the following chemical confirmation testing:
(c)
Fill material analysis.
Fill Material Quantity (cubic yards) | Minimum Number of Analyses for Volatile Organic Compounds, Semi-Volatile Organic Compounds; Pesticides; Polychlorinated Biphenyls and Heavy Metals |
|---|---|
0 to 1,000 | 1 per every 100 cubic yards or fraction thereof |
More than 1,000 | 10 and 1 per every additional 1,000 cubic yards or fraction thereof |
The samples for VOC must be grab samples and the samples for the other compound must be composite samples. | |
(2)
Material from potential historic sites, industrial site, Superfund/Brownfield or RCRA sites or sites with unremediated spills may not be accepted. No contaminated soils or other material may be accepted; contamination includes physical mixture at any percentage of unacceptable materials, those not explicitly authorized, or chemical contaminated listed in this rule. Native soils underlying same requires site specific approval from Village of Airmont Planning Board, which afterwards would be managed as the above exclusively native soils.
(3)
Exclusively rock, brick and concrete with 0% soils/fines, asphalt and other materials may be received as subbase structural fill under a permitted structure without having been chemically tested subject to the following conditions:
(4)
All other soils.
(a)
For the total importation of less than 50 cubic yards, a certification by a qualified environmental professional, as defined in subdivision 6 NYCRR 375-1.2(ak) on behalf of the generator which is submitted, as part of the building permit, that the subject materials are exclusively soils and have no (0%) other materials beyond soils and rock. The certification must include the analytical results, test results, volumetric measurements of fill material to be relocated and a statement that the subject source site has no history of fill or contamination. Certifications shall be made on a form acceptable to the Village of Airmont.
(b)
For the total importation of greater than 50 cubic yards, the above mentioned certification as well as the following chemical confirmation testing:
(c)
Fill material analysis.
Fill Material Quantity (cubic yards) | Minimum Number of Analyses for Volatile Organic Compounds, Semi-Volatile Organic Compounds; Pesticides; Polychlorinated Biphenyls and Heavy Metals |
|---|---|
0 to 1,000 | 1 per every 50 cubic yards or fraction thereof |
More than 1,000 | 20 and 5 per every additional 1,000 cubic yards or fraction thereof |
The samples for VOC must be grab samples and the samples for the other compound must be composite samples. | |
(5)
All other materials require site specific approvals by the Planning Board.
(6)
Sampling and analytical methods requirements. When the material originated from distinctly different materials either by area or depth, the appropriate number of representative samples must be collected from each different material. When material is still in-situ material, samples must be obtained from cores or test pits through the depth of each material to be excavated to obtain the minimum number of samples in a grid pattern. For post-excavation stockpiled material, a random distribution of composites must be obtained in a manner that is representative of the entire volume of material.
(a)
Composite samples are required, except for volatile organic compounds, which consists of at least five grab samples obtained from in-situ cores, test pits or stockpile locations. The sampling program for source greater than 1,000 cubic yards must be designed and implemented by or under the direction of a qualified environmental professional as defined in 6 NYCRR 375-1.2(ak).
(b)
(c)
All laboratory analyses must be performed by a laboratory currently certified by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP).
(d)
Analytical methods. Either SW 846 Method 6010C or 6020A may be used for bulk sampling, unless otherwise approved by the Village of Airmont personnel, if the reporting limits at one tenth of the 6 NYCRR 375-6.8(a), Unrestricted Soil Cleanup Objectives, unless that is technically not possible in which case it must be at least half of same.
(e)
No fee or consideration allowed. A person must not receive payment or other form of consideration for allowing placement of fill material on land under that person's control.
(7)
Acceptable chemical levels:
(a)
For residential or land accessible to the public even for passive recreation, the top two feet of compacted material must meet or exceed the 6 NYCRR 375-6.8(a) Unrestricted Soil Cleanup Objectives, and NYSDEC Commissioner Policy 51 for Unrestricted Soil Cleanup Objectives or must be a permanent hard structure like a building or pavement.
(b)
For residential or land accessible to the public even for passive recreation, the material below the cover layer listed in Subsection B(7)(i) must meet or exceed the 6 NYCRR 375-6.8(a) Restricted Residential Public Health and Protection of Groundwater Soil Cleanup Objectives, and NYSDEC Commissioner Policy 51 for Residential Public Health and Protection of Groundwater Soil Cleanup Objectives.
(c)
For farms or other others sites for agricultural usage, all imported must material must meet or exceed the 6 NYCRR 375-6.8(a) Unrestricted Soil Cleanup Objectives, and NYSDEC Commissioner Policy 51 for Unrestricted Soil Cleanup Objectives.
(d)
For sites that are not residential or land accessible to the public even for passive recreation, all material must meet or exceed the 6 NYCRR 375-6.8(a) Restricted Residential Public Health and Protection of Groundwater Soil Cleanup Objectives, and NYSDEC Commissioner Policy 51 for Residential Public Health and Protection of Groundwater Soil Cleanup Objectives.
(e)
No material may be placed in regulated wetlands or wetland-adjacent areas without the necessary federal, state or Village permits.
(8)
Importation limit. No material, above 50 cubic yards, may be transported to a site or received without an approved building permit; this is a requirement on the generator, transporter and receiving facility owners. The amount of material received is limited to those listed in the building permit.
(9)
Structural requirements. For materials with soils/fines that will be used as structural fill, applicants are to do the following:
(a)
Testing. The following tests must be conducted to ensure the minimum requirement for the angle of internal friction (28°) and a factor of safety of 1.5 for global stability:
[1]
Moisture content (ASTM D2216 Modified);
[2]
Particle size (ASTM D422);
[3]
Atterberg Limits (ASTM D4318);
[4]
Unified Soil Classification System (ASTM D2487);
[5]
Compaction (ASTM D1557 - Modified Proctor or ASTM D4253/4254 - Relative Density for cohesive or non-cohesive materials, respectively);
[6]
Unconfined compressive strength (ASTM D2166) samples will be compacted to a minimum of 95% of modified proctor for cohesive materials with no more than a 5% variation from the optimum moisture content unless otherwise approved by the Village of Airmont; and,
[7]
Consolidated Undrained Triaxial Strength (ASTM D4767)