Nothing in this chapter shall be construed to permit any use or occupancy which is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting dust, garbage, gas, noise or vibration, odor, radiation, refuse matter, smoke or waterborne waste, or that is dangerous or harmful to the health, safety, peace or comfort of the community, that tends to disturb or annoy residents of the village or that involves any explosion menace or any serious fire hazard.

(Code 1975, § 90-50)

Without being construed to permit by implication any use not heretofore set forth as a permitted use, the following uses are specifically prohibited within all districts:

(1)

The excavation of gravel, soil, sand and other mineral deposits and the stripping of sod or topsoil for commercial purposes.

(2)

Commercial recreation, including theaters, drive-ins, polo fields, riding clubs, golf courses, and similar activities conducted as a business or available to the public for a fee.

(3)

Farms for the disposal of garbage or offal, places for the disposal of sewerage or rubbish, hog ranches, pig and livestock feeding farms and small animal and fur farms.

(4)

Laboratory or experimental stations, except as an incidental use on the same premises as a college or school to which such use is accessory and provided there is no danger of explosion or radiation or electrical emanations therefrom.

(5)

Use of a trailer, with or without wheels attached, or other structure not conforming to the requirements of the building code of the village and to the requirements of Division 3 of Article V hereof, for habitation.

(6)

The storage or parking on any part of any lot of automobile trailers, commercial trucks, tractors or tractor-trailers except:

a.

Where such trailers, trucks, tractors or tractor-trailers are part of the stock in trade of a permitted use within the Business E District or are incidentally employed in such permitted use.

b.

A house trailer or truck of less than five (5) tons' capacity may be stored or parked on the rear of a lot, suitably screened from public view of persons passing on street or on adjacent premises. Where such trailers are stored on lands within the village at the time of the enactment of this chapter, this chapter will be effective as to such trailers three (3) months after its enactment.

(7)

Storage of any boat or boats on any part of a lot, except in the rear or side thereof, must be suitably screened from public view. Only one (1) boat may be stored in the side yard.

a.

A seasonal permit will be offered from November 15 through March 1 allowing storage of duck boats, ice boats and scooters in the driveway of any lot provided said duck boat, ice boat or scooter is situated as close to the principal building situated on the lot as possible.

(8)

The use by other than the village of any area of land or water, including any building or structure or group of buildings or structures, for sports or recreational purposes except as specifically permitted in the foregoing provisions of this chapter and except that the board of appeals may grant a temporary permit for such sporting or recreational use, for a period not exceeding ten (10) months from the date of issuance, upon finding that such temporary use will conform to the general standards set forth in section 21-128 of this chapter.

(9)

The outdoor storage upon lands in any residence district of portable or other construction machinery or equipment is expressly prohibited.

(10)

The keeping, housing, harboring or breeding of pigeons. Notwithstanding any provision of this chapter to the contrary, where such use is in existence at or prior to the effective date of this chapter, the prohibition contained herein shall apply thirty (30) days from such effective date.

(11)

In all zoning districts the use of security doors, gates or screens are prohibited. A security gate, door or screen for purposes of this section is a screen, gate or door located in front of or behind a door or window for the purpose of preventing the passage through said door or window.

(12)

No mural or abstract or pictorial representation shall be painted on, affixed or displayed to the outside of a building or structure in any zoning district within the village.

(Code 1975, § 90-51; L.L. No. 1-1978; L.L. No. 1-1996; L.L. No. 7-2007; L.L. 3-2014; L.L. No. 5-2015, § 2)

(1)

The board of trustees hereby finds that there is a need for certain types of educational and recreational facilities not necessarily provided by public, parochial and private schools. Such facilities can be categorized generally as day care facilities.

(2)

While it is altogether reasonable that the board of trustees make adequate provisions for these facilities, it is imperative that such facilities do not adversely affect surrounding and nearby properties and do not adversely affect the health, welfare and safety of those who use such facilities.

(3)

It is therefore the intent of this section to provide adequate safeguards for the location, sitting and operation of day care facilities.

(L.L. No. 4-1999; L.L. No. 5-2007)

Editor's note— Local Law No. 4-1999 intended for this section to be set out as a new § 21-227; however, due to the existence of a § 21-227, said Local Law was included as a new § 21-229 at the editor's discretion.

Day care facilities may be permitted in Business E District and Professional Business District when authorized by special permit from the board of appeals, subject to the following terms and conditions in addition to those determinations required under section 21-128:

(1)

The minimum lot area shall be one (1) acre for a maximum of thirty (30) children, senior citizens or handicapped persons utilizing said facility. For each additional person, the lot area shall be increased by one thousand five hundred (1,500) square feet.

(2)

No existing residential structure shall be used or altered in any way for use as a day care facility unless the structure meets with all the requirements of the New York State Building Construction Code.

(3)

All outdoor recreational areas shall be adequately fenced and limited in use to the hours of 9:00 a.m. to 5:00 p.m. No outdoor lighting shall be so directed as to adversely affect surrounding properties.

(4)

Off-street parking shall be provided as follows: One (1) parking space for each four hundred (400) square feet of total floor area. There shall also be safe and convenient space provided for the loading and unloading of children, senior citizens or handicapped persons utilizing said facility.

(5)

No building shall be located within forty (40) feet of any street line, within thirty (30) feet of any side property line or within sixty (60) feet of any rear property line.

(6)

No outdoor play area or off-street parking area shall be located within thirty (30) feet of any street line or within twenty (20) feet of any side or rear property line. No parking is to be permitted in the front yard.

(7)

Adequate screening, buffering and/or fencing shall be provided along all property lines. Landscaping site plan for development of property regulated by this chapter shall be required.

(8)

When applicable, licenses or certificates from sponsoring or authorizing governmental and institutional agencies shall be required to ensure the health, safety and welfare of the persons utilizing the facility.

(9)

All special permits issued pursuant to this chapter shall be effective for two (2) years. Applications for renewal shall be filed with the board of appeals no less than forty-five (45) days prior to the expiration of existing special permit.

(L.L. No. 4-1999; L.L. No. 5-2007)

(a)

All applications made under this section to the board of appeals shall be forwarded to the planning board for site plan review and recommendation prior to any action taken by the board of appeals. No application shall be acted upon unless the planning board has made site plan review and a recommendation thereon. Applications for renewal of a special permit for a day care facility shall not require planning board review.

(b)

All day care facilities existing and operating prior to the effective date of this section are hereby given a period of ninety (90) days from the effective date of this section to apply for the special permit hereinabove required. In the event that a pre-existing day care facility applies to the zoning board of appeals for said permit, it may request said board to waive or modify the requirements of this section, and the zoning board of appeals may grant such relief as it deems necessary if it finds that denial of said relief will cause undue hardship to the applicant.

(L.L. No. 4-1999; L.L. No. 5-2007)

(a)

No new driveway or curb cut shall be constructed and no existing driveway or curb cut may be expanded which connects private property to a village street unless said driveway or curb cut is in compliance with this section and a building permit has been issued by the village building inspector. Nothing herein shall be construed to require a building permit for resurfacing or repairing existing driveways.

(b)

No privately owned property shall have more than one curb cut or driveway connecting the privately owned property to a village street.

(c)

All applications for driveways and or curb cuts in any zoning district, other than residential, must acquire approval from the planning board before a building permit maybe issued.

(d)

All driveways and or curb cuts shall not be located any closer than ten (10) feet to any side yard lot line in the Residence A and AA zones and seven and one-half (7½) feet to any side yard lot line in all other zoning districts.

(e)

No motor vehicle, boat or trailer shall be parked any closer than ten (10) feet to any side yard lot line in the Residence A nd AA zones and seven and one-half (7½) feet to any side yard lot line in all other zoning districts.

(L.L. No. 6-2003; L.L. No. 2-2011, § 2)

No accessory home occupation use shall include the display of goods or advertising visible from any street. There shall be no stock in trade kept or stored on the premises. No paid assistants shall be employed and no electrical or mechanical equipment shall be used other than ordinary household equipment of ordinary household size, design and capacity. The space used shall not occupy more than one-forth (¼) of the total floor area of the dwelling unit. No accessory use or home occupation shall be carried on in any accessory building.

(Code 1975, § 90-46)

Every accessory use is subject to the limitations contained in the definition of "accessory use" set forth in section 21-1 and is subject, additionally, to the following restrictions:

(1)

Such accessory use shall be operated and maintained under the same ownership and on the same lot as the principal permitted use to which it is accessory, or by the lessees of such lot and of such principal permitted use, or by a resident member of the family of such owner or lessee.

(2)

Such accessory use shall not involve or include any use, building, structure or structural feature inconsistent with the principal permitted use.

(3)

No accessory use shall be operated and no accessory building or structure shall be erected on any lot prior to the time of the operation of the principal use or of the construction of the main building to which it is accessory, as the case may be.

(4)

An accessory building shall not have a kitchen, and/or contain facilities for cooking, and/or have bathroom facilities, and/or be used for sleeping and/or income producing purposes.

(5)

No accessory use shall be permitted which, in its operation, changes or has a tendency to change the residential character of the neighborhood or causes traffic congestion, and no facilities or equipment used in connection therewith shall be permitted which are visible from the exterior of the building or which cause emanations of noise, vibration, electrical interference or light beyond the interior thereof.

(6)

Any accessory building or structure that has plumbing or a heating system and is the subject of a certificate of occupancy or it's equivalent, issued after April 1, 2002, shall, as a condition of the issuance of the certificate, be inspected yearly by the building inspector for compliance with building and fire safety codes. The certificate of occupancy shall clearly state that the certificate is conditional on yearly inspections and may be revoked for failure to comply with same.

(Code 1975, § 90-47; L.L. No. 4-2002; L.L. No. 6-2005; L.L. No. 5-2007)

Animals may be kept on premises within a residential district purely for domestic use and purposes and not for wholesale or retail sale or for the sale of any of the products thereof, subject, however, to the following:

(1)

No horses shall be housed or kept within a distance of fifty (50) feet from any dwelling other than a dwelling upon the parcel of land where the same are kept, nor within a distance of twenty-five (25) feet from any dwelling. No manure shall be stored except in the rear of the dwelling upon the lot and in closed containers, a pit, or a similar enclosure, nor shall storage be located nearer than thirty (30) feet from any lot line. A dog kennel or dog run shall be located at least twenty-five (25) feet from any dwelling, and no dog kennel of any size whatsoever shall be nearer than fifty (50) feet from any dwelling upon any other parcel of land. No more than three (3) dogs are permitted on any lot.

(2)

Conditions under which horses are kept shall be such as may be specified or required by the county department of health of by another ordinance of the village.

(3)

No poultry, fowl, geese, turkeys, ducks or other similar edible species of bird shall be kept, raised or bred in any residential district.

(4)

No sheep, cows or other similar species shall be kept, raised or bred in any residential district.

(Code 1975, § 90-48; L.L. No. 1-1992, § 19)

When any accessory building or structure is attached to, or constructed as a part of, the main building to which it is accessory, it shall be subject to the yard requirements of the main building.

(Code 1975, § 90-49)

The following floor area regulations shall apply to all buildings or structures used wholly or partially for dwelling purposes hereafter erected or altered:

(1)

Single-family dwelling. In any single-family dwelling the habitable floor area shall be at least one thousand one hundred (1,100) square feet. In any single-family dwelling in excess of one story in height, the habitable floor area of the ground floor shall be at least eight hundred fifty (850) square feet.

(2)

Reserved.

(3)

Communal living buildings. In any communal living building, the habitable floor area shall not be less than two hundred (200) square feet for each person residing therein.

(4)

Buildings with mixed uses on ground floor. In any building or structure used on its ground floor partly for business or commercial use and partly for residential use, the habitable floor area of any dwelling unit shall not be less than six hundred fifty (650) square feet.

(5)

Dwelling units above business uses. In any building or structure the ground floor of which is used wholly or partially for business or commercial use, having a dwelling unit or units on the floor or floors above the ground floor, the habitable floor space of each such dwelling unit shall be six hundred fifty (650) square feet or the total floor area of each such floor, whichever is greater.

(6)

Dwelling units in other buildings. In any building or structure having a principal permitted use other than for dwelling, business or commercial purposes, used partially for dwelling purposes, the habitable floor area shall be at least six hundred fifty (650) square feet per dwelling unit.

(7)

Business E District. Each separate business store or other permitted use shall hereinafter have a minimum of five hundred (500) square feet of floor area.

(Code 1975, § 90-52; L.L. No. 10-1990; L.L. No. 4-2002)

(a)

Except with respect to municipal governmental facilities of the village and schools, colleges or universities permitted as special exception uses, only one principal building for a permitted use is allowed upon each lot, but this section shall not be construed to prevent or prohibit the subdivision, resubdivision or partitioning of a lot into two (2) or more lots, provided each such lot shall conform to the requirements hereof and to the rules and regulations of the planning board.

(b)

In the Business E District, notwithstanding section 21-432, no premises shall have more than four (4) permitted uses, separate businesses or stores within said premises.

(Code 1975, § 90-53; L.L. No. 7-1990)

(a)

Reduction of minimum lot size prohibited. No lot or parcel of land conforming to the requirements hereof on the effective date of this chapter or the requirements thereof as hereafter amended shall be reduced in any manner below the minimum lot size required by this chapter.

(b)

Reduction of required yards. No yard shall be diminished and maintained smaller than prescribed by this chapter. Every part of a required yard shall be open and substantially unobstructed to the sky, except as may be otherwise specified by this chapter. A driveway used solely in connection with the principal or accessory buildings on a lot may be included within the area of the required yard. No land required for yards, open space or lot area for existing buildings or which hereafter is provided for any building or dwelling unit in order to comply with the provisions of this chapter shall be considered as a yard or lot area for any other

building, nor shall any yard or lot area on an adjoining lot be considered as providing such yard open space or lot area for a lot upon which a building is to be erected.

(Code 1975, § 90-54; L.L. No. 5-1993; L.L. No. 2-2006; L.L. No. 5-2007)

Except as otherwise specifically provided by these regulations, no building or structure or part thereof shall extend or project into a yard required by this chapter. However, nothing herein shall be construed to prevent the construction and maintenance of access driveways, garden walks, open terraces or patios, and similar accessory or appurtenant facilities or of accessory subterranean facilities, such as a private sanitary system or underground air raid shelter, in a yard.

(Code 1975, § 90-55)

(a)

Definitions.

Antenna means a device, designed and intended for transmitting or receiving television, radio or microwave signals. An antennas includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items. Antennas are also "structures" within the meaning of the zoning ordinance.

BOCA antenna regulations means the antenna regulations published by the Building Officials & Code Administrators International, Inc., as adopted and amended in the Standard Codes Schedule.

Satellite earth station means an antenna, designed and intended for transmitting or receiving television, radio or microwave signals to or from earth satellites. This definition does not include a small antenna.

Small antenna includes the following:

(1)

An antenna that is designed to receive direct satellite service, including direct-to-home satellite service, that is one meter or less in diameter;

(2)

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services and local multipoint services, and that is one (1) meter or less in diameter or diagonal measurement; and

(3)

An antenna that is designed to receive television broadcast signals.

(b)

Permits; restrictions.

(1)

Permit. A permit is required for all satellite earth stations, except those that meet the "small antenna" definition.

(2)

Regulations.

a.

Street visibility. The satellite earth station must be placed in a location that is not visible from a street area, if this placement would not impair reception of an acceptable signal. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

b.

Color. The satellite earth station must be colored to blend into the background against which is would be mounted. This may require painting, if paint would not interfere with reception. The purpose of this requirement is to: reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

c.

BOCA. The satellite earth station must comply with the BOCA antenna regulations. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level.

d.

Number per site. The maximum number of antennas per building site is one (1). The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce the exposure of the antenna to high wind forces, particularly from hurricanes and tornadoes and reduce hazards from falling and wind-propelled objects; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

e.

Front street line. No part of the satellite earth station, however turned, may be closer to the front street line than the rear of a principal building on the same site. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

f.

Property line. No part of the antenna, however turned may be closer to a property line than ten (10) feet. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

g.

Screening. Antenna must be screened by a six-foot high fence or by natural plants or trees of equal of greater height. The purpose of this requirement is to: reduce the exposure of the antenna to high wind forces, particularly from hurricanes and tornadoes and reduce hazards from falling and wind-propelled objects; to reduce the visual impact of antennas in a municipally containing both old and new homes, many with historic and architecturally significant features.

h.

Ten-foot height. Maximum height, however turned, is ten (10) feet from grad level at the base. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to reduce the exposure of the antenna to high wind forces, particularly from hurricanes and tornadoes and reduce hazards from falling and wind-propelled objects; to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

i.

Twelve-foot diameter. Maximum diameter is twelve (12) feet. The purpose of this requirement is to: limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants; to minimize obstructions to visibility around streets, sidewalks and driveways; to reduce the exposure of the antenna to high wind forces, particularly from hurricanes and tornadoes and reduce hazards from falling and wind-propelled objects; to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level; to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.

(c)

Violation deemed nuisance; variances.

(1)

Nuisance. In addition to the penalties provided in this Code, any violation of this subchapter is hereby declared to be a nuisance. In addition to any other relief provided by this subchapter, the village may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article, and other available relief.

(2)

Variances. The zoning board of appeals (ZBA) may grant a variance for an antenna if: (i) the ZBA finds that the intended function of the antenna would be adversely affected, in some significant way, if the antenna had to be constructed in accordance with the other provisions of this chapter, or (ii) the variance is necessary to harmonize the village's ordinances and federal laws, rules or regulations. A variance under this section does not require a showing of hardship. The village may waive or reduce permit and hearing fees, if a variance is granted under this section. Unless otherwise ordered by the village, civil, criminal, administrative and other legal actions are stayed during the time that an application for a variance is pending.

(Code 1975, § 90-55.1; L.L. No. 2-1985; L.L. No. 2-97)

Editor's note— Local Law 2-97, adopted March 24, 1997, amended § 1-436 to read as herein set out. Formerly, such section pertained to satellite earth stations.

The following projections into yards may be permitted, provided the maximum projection specified hereinbelow shall not be exceeded:

(1)

Cornices, eaves, gutters and chimneys may project not more than eighteen (18) inches.

(2)

Belt courses, sills, storm water leaders and similar ornamental or structural features may project not more than one foot.

(3)

Awnings, serving a door or window, may project not more than five (5) feet.

(Code 1975, § 90-56)

(a)

The number of off-street parking spaces shall be provided, as set forth in section 21-454, Table of Off-Street Parking Requirements, on the same lot as the principal use, and satisfactorily maintained by the owner of the property for each building or structure which shall he hereafter erected or enlarged.

(b)

In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses.

(c)

Any use not otherwise expressly provided for in section 21-454 shall have the parking requirements determined by the planning board.

(Code 1975, § 90-71; L.L. No. 1-1992, § 20; L.L. No. 5-2007)

(a)

Off-street loading spaces shall be provided and satisfactorily maintained by the owner of the property for each building or structure which shall be hereafter erected or enlarged for use for any business or industrial purpose in accordance with the following schedule:

(b)

No off-street loading spaces shall be required for any building or structure used exclusively for office occupancy.

(c)

The planning board shall have the power to waive the above off-street loading space requirements.

(Code 1975, § 90-72; L.L. No. 5-2007)

In the event that any building or structure shall be hereafter enlarged, the entire building or structure shall be deemed new construction, and the number of parking and loading spaces to be provided and maintained for such building or structure as enlarged shall be determined according to section 21-454.

(L.L. No. 5-2007)

Requirements:

(1)

Access and parking may be located and shared with adjoining properties.

(2)

Parking lots shall be located in the rear of buildings, with access to the street via a fifteen-foot alleyway.

(3)

Loading docks, service and mechanical areas shall not be permitted on road frontages, and shall be designed as an architectural feature of the building, entirely screened from view.

(4)

Pedestrian walkways shall be provided within the parking areas to direct pedestrian traffic to store entrances using decorative paving materials (i.e., pavers, sampled/textured/colored concrete).

(5)

Intersections shall be flared (narrow driveway/street width at pedestrian walkway crossings).

(6)

Landscaped islands shall be incorporated into the entrance design to direct vehicles into and out of the site, and to provide adequate space for vehicular stacking.

(7)

The planning board may consider variances to the parking requirements based on estimated peak use, pedestrian accessibility, and availability of transit service.

(L.L. No. 5-2007)

Every application for a permit to erect or enlarge a building, structure or premises which requires an off-street parking or loading area shall be accompanied by a plot plan drawn to scale, upon which the following will be shown:

(1)

The required number of parking spaces and loading spaces with the passageways and driveways appurtenant thereto giving direct access to a street.

(2)

The location and width of all curb cuts for driveways, entrances and exits.

(L.L. No. 5-2007)

Off-street parking and loading areas in all business district shall be constructed and maintained in the following manner:

(1)

All parking and loading areas and the passageways and driveways appurtenant thereto shall be paved with an asphaltic or concerte surface.

(2)

The location and width of all curb cuts for driveways, entrances and exits as shall be as approved by the village.

(c)

Each parking and loading space shall be clearly marked and delineated and shall have wheel or bumper guards.

(4)

Access driveways and passageways shall be marked not only with entrance and exit signs but also with arrows indicating the proper flow or traffic.

(5)

Concrete curbs and sidewalks shall be provided along all street frontages, except in the event that a street is not actually improved, not maintained by any municipality or is not required for present or future use, then such requirement may be waived by the planning board.

(L.L. No. 5-2007)

(a)

Unless expressly permitted elsewhere in this chapter, no part of any required front yard, other than a driveway in a residential district or the professional business zone, shall be used for the parking of motor vehicles or for loading and unloading operations.

(b)

Unless expressly permitted elsewhere in this chapter, no part of any parking or loading area shall be used for sales, storage of trailers, carts, boats, car parts, ATV'S, snowmobiles, repair work, dismantling or servicing of any kind.

(c)

The parking of commercial vehicles with a gross vehicle weight rating of ten thousand (10,000) pounds or more on residential streets and residential property is hereby prohibited unless said vehicle is in the process of making a delivery or is being used in conjunction with the repair, construction or servicing of the property.

(L.L. No. 5-2007)

The purpose of this local law is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, provide more visual open space, and curb the deterioration of the community's appearance and attractiveness.

This local law is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.

(L.L. No. 1-1992, § 27)

Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out-of-doors, or on the exterior of any building, or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

Awning sign means any visual message incorporated into an awning attached to a building.

Copy-change sign means a sign on which the visual message may be periodically changed.

Directional sign means a sign limited to providing information on the location of any activity, business or event.

Freestanding sign means any sign not attached or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.

Illuminated sign means any sign illuminated by electricity, gas or other artificial light from the interior of the sign, or which includes reflective and phosphorescent-type lights.

Off-premises sign means a sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

Portable sign means a sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.

Projecting sign means a sign which is attached to the building wall or structure and which extends horizontally more than fifteen (15) inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.

Representational sign means a three-dimensional sign built so as to physically represent the object advertised.

Temporary sign means a sign related to a single activity or event having a duration of no more than thirty (30) days.

Wall sign means a sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than fifteen (15) inches from the face of such wall.

Window and/or door sign means a sign including real estate signs, windowpaper covering, temporary posters promoting community events, business information applied to the window or door material and visible from a sidewalk, street or other public place, or located inside within two (2) feet of the window, but not including graphics in connection with customary window display of products.

Sign directory means a listing of two (2) or more business enterprises, consisting of a matrix and sign components.

Sign structure means the supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two (2) or more sides where the angle formed between any two (2) of the sides or the projections thereof exceeds thirty (30) degrees, each side shall be considered a separate sign structure.

Sign surface area means the entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign.

Vacant commercial property means any unit that is closed for business for a period of more than four (4) weeks.

(L.L. No. 1-1992, § 27; L.L. No. 3-2012, § 2; L.L. No. 4-2013, § 2)

Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the building inspector. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired.

(1)

Application procedure. Applications shall be made in writing to the building inspector on forms prescribed and provided by the village board and shall contain the following information:

a.

Name, address and telephone number of:

1.

Applicant;

2.

Owner of the property.

b.

Location of the building, structure or land upon which the sign now exists or is to be erected.

c.

If a new sign is to be erected, elevation and plan drawings to scale should be included. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:

1.

Location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.

2.

The method of illumination, if any, and the position of lighting or other extraneous devices, and a copy of the electrical permit related to the electrical connections.

3.

Graphic design including symbols, letters, materials and colors.

4.

The visual message, text, copy or content of the sign.

d.

Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

(2)

Permit. Upon the filing of a completed application for a sign permit and the payment of the required fee, the building inspector shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this local law, he shall then, within fifteen (15) days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.

If the erection of the sign authorized under any such permit has not commenced within six (6) months from the date of the issuance, the permit shall become null and void, but may be renewed within thirty (30) days prior to the expiration, for good cause shown, for an additional six (6) months, upon payment of one-half (½) of the original fee.

(L.L. No. 1-1992, § 27)

(a)

The following signs are permitted in all zones and are exempt from requiring a permit.

(1)

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organization; not exceeding six (6) square feet.

(2)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3)

On-premise directional signs for the convenience of the general public, entrances and exits and similar signs, not exceeding four (4) square feet per face. Business names and personal names shall not be allowed.

(4)

Warning, private drive, posted or no trespassing signs, not exceeding two (2) square feet per face.

(5)

One (1) on-premise sign, either freestanding or attached, in connection with any residential building in any zoning district, for permitted professional offices or home occupations, not exceeding two (2) square feet and set back at least ten (10) feet from the highway right-of-way. Such sign shall state name and vocation only.

(6)

Number and name plates identifying residents, mounted on house, apartment or mailbox, not exceeding one (1) square foot in area.

(7)

Lawn signs identifying residents, not exceeding one (1) square foot, or two (2) square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamp post if used as a support, with no advertising message thereon.

(8)

Private-owner merchandise sale signs for garage sales and auctions, not exceeding four (4) square feet for a period not exceeding four (4) days.

(9)

Temporary nonilluminated "For Sale," "For Rent," real estate signs and signs of similar nature, concerning the premises upon which the sign is located. In a residential zoning district, one (1) sign not exceeding four (4) square feet per side. In a business or industrial zoning district, one (1) sign not exceeding fifty (50) square feet set back at least fifteen (15) feet from all property lines. All such signs shall be removed within three (3) days after the sale, lease or rental of the premises.

(10)

At gasoline stations: Price signs on gasoline pumps.

(11)

One (1) sign, not exceeding six (6) square feet in the residential district nor sixteen (16) square feet in the business district, listing the architect, engineer, contractor and/or owner, on the premises where construction, renovation or repair is in progress.

(12)

Political posters, banners, promotional devices and similar signs, not exceeding four (4) square feet in the residential districts nor sixteen (16) square feet in the business districts, providing:

a.

Placement shall not exceed thirty (30) days, and a period of eleven (11) months shall elapse between the last day of one (1) period of showing and the first day of the next.

b.

The names and addresses of the sponsor and the person responsible for removal are identified.

(b)

Prohibitions.

(1)

No off-premises signs shall be allowed other than as permitted under the exempt signs provision of section IV.

(2)

There shall be no illuminated signs located on the exterior of a building or in any windows. There shall be no signs that contain flashing, intermittent, rotating or moving lights. There shall be no rotating or moving signs.

(3)

No signs shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within twenty-five (25) feet of the intersection of the street or highway lanes.

(4)

No sign or sign supports shall be placed upon the roof of any building. No sign shall be attached to any trees, fences or utility poles.

(5)

No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

(6)

No advertising message shall be extended over more than one (1) sign placed along a street or highway.

(7)

There shall be no signs in any residential zone except as allowed under section 4.

(8)

There shall be no portable signs.

(9)

Any illuminated signs existing as of the date of enactment of this law may remain pursuant to the regulations of section 6.

(10)

Color and material signs allow any combination of the primary colors of green, red, black, white, yellow or blue.

(L.L. No. 1-1992, § 27)

(a)

Each structure or building shall be permitted one (1) wall sign or one (1) projecting sign and one (1) detached or ground sign unless said structure or building has more than one (1) business enterprise conducted within. Then each business enterprise shall be permitted one (1) wall sign or one (1) projecting sign.

(b)

All wall signs shall be located on a wall fronting on a public street. The total area of all wall signs shall not exceed in total area one (1) square foot for each horizontal foot of wall that the signs are to be located upon. All wall signs shall not be located greater than fifteen feet in height from the ground and project more than one (1) foot from said wall.

(c)

All projecting signs shall not exceed a maximum of four (4) square feet in area and project more than two (2) feet from the structure.

(d)

No detached or ground sign shall be larger than twenty-five (25) square feet and exceed six (6) feet in height. In the professional business zone, the sign shall be placed parallel to the road on which the sign faces.

(e)

Any business whose main entrance is not located on a through street shall be entitled to one (1) wall sign or projecting sign not exceeding a maximum of four (4) square feet, a width of two (2) feet, a height of two (2) feet located near that business's main entrance. Such hanging sign shall not project from the structure more than three (3) feet and shall be secured to the structure by a metal bracket.

(f)

Where a commercial establishment within a complex or group of commercial establishments is obscured from ready exposure to a main thoroughfare, one (1) detached directory sign not exceeding four (4) square feet in area and enumerating in a similar style the trade name of each commercial establishment.

(g)

All signs shall be kept in a good state of repair and neatly painted.

(L.L. No. 1-1992, § 27)

Any sign, existing on or before December 31, 1991 shall be permitted to remain even though it may not meet the requirements of this Code. Within the proceeding six (6) months after enactment of this Code, the building inspector is instructed to take an inventory of all signs that were existing on or before December 31, 1991 that do not have a valid sign permit. The building inspector shall issue a sign permit for all such signs upon the receipt of a fee of fifty dollars ($50.00). Upon the expiration of said six-month period all signs without permits must either acquire a permit pursuant to this law or be removed.

All signs existing after the effective date of this law, which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located, shall be removed.

If the building inspector shall find that any sign regulated in the local law is not used, coded in advertising, is abandoned, unsafe or insecure, or is a menace to the public, the inspector shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within thirty (30) days from the date of the notice. If the sign is not removed or repaired within said time period, the building inspector shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.

The building inspector may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.

(L.L. No. 1-1992, § 27)

(a)

General.

(1)

All signs installed after the effective date of this local law shall have attached to the sign, a name plate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined in this local law.

(2)

All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of surface area.

(3)

All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(4)

All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring, and loose supports, braces, guys and anchors.

(5)

All projecting, freestanding or wall signs shall employ acceptable safety material.

(6)

All signs shall be painted and/or fabricated in accordance with generally accepted standards.

(b)

Specific regulations to sign types.

(1)

Wall signs.

a.

Wall signs shall not extend beyond the ends or over the top of the walls to which attached, and shall not extend above the level of second floor of the building.

b.

Wall signs shall not extend more than nine (9) inches from the face of the buildings to which attached, except that copy-change signs may extend fifteen (15) inches.

c.

Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven (7) feet six (6) inches.

(2)

Projecting signs.

a.

Projecting signs shall not have more than two (2) faces.

b.

The exterior edge of a projecting sign shall extend not more than five (5) feet from the building face, or one-third (⅓) the width of the sidewalk, whichever is less.

c.

No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of seven (7) feet six (6) inches.

d.

Projecting signs shall not extend above the level of the second floor of the buildings to which attached, or in any case be higher than twelve (12) feet.

e.

No projecting sign shall be closer than fifteen (15) feet from the corner of a building located at a street intersection.

(3)

Detached signs.

a.

No detached sign shall be located less than fifteen (15) feet from the front property line nor less than five (5) feet from the side property line. No detached sign may be located less than fifty (50) feet from any other freestanding sign.

b.

If for any reason the property line is changed at some future date, any detached sign made nonconforming thereby must be relocated within ninety (90) days to conform with the minimum setback requirements.

c.

No detached sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.

d.

No detached sign under which a pedestrian walkway or driveway passes must have a ten-foot vertical clearance.

e.

Masonry wall-type signs shall not exceed four (4) feet in height and shall not be placed so as to impair visibility for motorists.

(4)

Other signs.

a.

Sign directories.

1.

The character and size of the sign matrix and of the individual sign components comprising the directory shall be regulated in accordance with design guidelines provided by this local law.

2.

Sign directories shall contain identification of and direction to several business enterprises, but shall contain no promotional advertising.

b.

Awning signs.

1.

No sign shall project from an awning.

2.

Awning graphics may be painted or affixed flat to the surface of the front or sides, and shall indicate only the name and/or address of the enterprise or premises.

3.

Awning graphics shall be a single line of lettering not exceeding six (6) inches in height, but if over, three (3) inches in height shall be debited against the permitted wall sign surface area.

c.

Sandwich board signs.

1.

Shall not exceed twenty-four (24) inches x forty-eight (48) inches;

2.

Shall be located in front of the business for which the sign is erected;

3.

Shall not impede or obstruct pedestrian or vehicular traffic or parking;

4.

Shall be made of weather-resistant material with a wood frame;

5.

Shall not be permitted during inclement weather, including snow, rain and windstorms;

6.

Shall only be displayed during the hours when the business advertised is open to the public and shall be removed at the end of the business day, 8:00 p.m. or dusk, whichever is later;

7.

Shall not be illuminated, shall not be vinyl and shall not be plastic;

8.

Shall be the responsibility of the business advertised thereon and any [of] the owners of said business shall be liable for damages or lawsuits brought by individuals due to the sandwich sign; and

9.

Shall require an application on a form approved by the village board and a permit issued by the village clerk.

(L.L. No. 1-1992, § 27; L.L. No. 3-2012, § 2)

Any person aggrieved by a decision of the building inspector relative to the provisions of this local law may appeal such decision in writing to the board of appeals as provided in the zoning regulations and shall comply with all procedural requirements prescribed by such board.

In granting any variance from the provisions of this article, the board of appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this local law, that such will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.

(L.L. No. 1-1992, § 27)

Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit, or who in any other way violates any provision of this local law, shall be guilty of an offense and receive a fine not to exceed one thousand dollars ($1,000.00) as established in the penal code. Each week's continuous violation shall constitute a separate additional violation.

In case of a violation of this local law, the municipality and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction, alteration or use of any sign not in compliance with this article.

(L.L. No. 1-1992, § 27)

No swimming pools shall be constructed, installed, used or maintained except on residentially zoned lots which are improved with a permitted principal building.

(L.L. No. 6-2005)

(a)

Lot location: All pools shall be located in the rear yard of interior lots or the designated rear yard of corner lots.

(b)

Setbacks: All outdoor swimming pools, including above ground pools shall be subject to:

(1)

Minimum side and rear yard setbacks of fifteen (15) feet as measured from the edge of the water;

(2)

All improvements and accessory structures related to swimming pools, except walkways, patios, terraces and platforms and decks having an elevation of seven and one-half (7½) inches or less from the ground shall conform to the setback requirements for structures in that zoning district. At all times a ten-foot vegetated buffer shall be maintained from the lot rear and side yard lot lines.

(3)

Minimum setback of twenty (20) feet from any cesspool or other sewage disposal system or drywell, excluding roof-leader drywells, whether on the same lot as the swimming pool or an adjacent lot.

(c)

Overhead electrical transmission lines: No swimming pool shall be erected or located within twenty-five (25) feet of those points on the ground which are directly beneath any overhead electrical transmission lines.

(d)

Enclosures: Outdoor swimming pools having a depth of more than eighteen (18) inches, shall be fully enclosed by a permanent durable wall, fence or similar structure ("enclosure"); such enclosures shall be constructed in accordance with the following design standards and criteria:

(1)

Located not less than four (4) feet from the furthest outside projection of the swimming pool; and,

(2)

Located a maximum of six (6) feet, and a minimum four (4) feet in height above grade; and

(3)

All openings, meshes, holes or gaps shall not be larger than as set forth in the New York State Building Code as amended; and

(4)

Shall have a flat exterior surface with no exterior projections. Stockade-type fences shall be erected with the finished side facing out; and,

(5)

Such enclosures may incorporate the wall of a house or building as part of such enclosure; and,

(6)

All gates or doors shall be equipped with self-closing, self-latching devices which shall otherwise comply with the above structural and design requirements as to height and dimensions of openings, mesh, holes or gaps.

(e)

Construction standards: All pools shall be constructed in accordance with the applicable requirements of the New York State Building and Construction Code, the Suffolk County Sanitary Code and this chapter.

(f)

Lighting: All lighting fixtures provided in connection with a pool shall be designed and installed so as to direct and contain to the maximum extent practicable, direct and ambient resultant light emanating there from into the interior of the lot upon which the pool is located.

(L.L. No. 6-2005; L.L. No. 1-2006; L.L. No. 11-2007)

Enclosure requirements: Above ground swimming pools which are fully enclosed by a wall, fence or other similar structure of at least three (3) feet in height as measured from the top of a pool lip, ledge or deck, which itself is located at least than four (4) feet above grade, shall not require a separate enclosure structure, as described hereinabove, shall be subject to the following additional requirements:

(1)

Any ladder or other means of access to such swimming pool shall be completely surrounded by an enclosure structure and any gate therein shall fully conform with all other requirements set forth in this article;

(2)

The enclosure structure shall be constructed in such manner that its gate/door is the sole point of access to the swimming pool.

(L.L. No. 6-2005)

A building permit issued by the building inspector shall be obtained prior to the commencement of any construction or site preparation for all swimming pools.

(L.L. No. 6-2005)

Plans, specifications and pertinent explanatory information shall be submitted with an application for a building permit for a new swimming pool or for the alteration, remodeling or addition of other improvements to an existing swimming pool which shall include, at least the following:

(1)

Plans drawn to scale indicating all dimensions including the length, width and depth of the pool deck, and a profile plan for same.

(2)

The location and size of the plot with calculations for the pool site area, whether the rear yard or side yard, and the percentage thereof to be occupied by the proposed or remodeled pool.

(3)

Such other reasonably relevant information as may be requested by the building inspector.

(L.L. No. 6-2005)

During the period of construction of in-ground the following on site safety measures shall be undertaken:

(1)

A temporary fence, of a type approved by the building inspector, shall be installed, at such point in time as noted in the building permit, surrounding the pool.

(2)

No water shall be permitted in a pool under construction until such time as the required enclosure is installed and secured in accordance with the applicable criteria set forth in this article.

(L.L. No. 6-2005)

The building inspector may enter upon any private premises for which a building permit is pending or issued for an in ground swimming pool for purposes of inspection of the site, and the construction of said pool, and, thereafter for purposes of monitoring the operation and maintenance of such pools.

(L.L. No. 6-2005)

A certificate of occupancy is required for all swimming pools. No swimming pool may be used until issuance of a valid certificate of occupancy therefore.

(L.L. No. 6-2005)

(a)

Derelict swimming pools, or those which are unused for a period of three (3) years or more, shall be deemed abandoned as to such use, which abandonment shall render the certificate of occupancy invalid.

(b)

Abandoned pools shall be demolished by filling in the pool structure or by removal of such structure and the filling of the resultant excavation; a demolition permit shall be required and may contain such conditions as reasonably calculated to insure minimal environmental impacts to the site and neighborhood. Thereafter, the pool site shall be restored to its original grade and appropriately re-vegetated, in accordance with any conditions set forth in the applicable demolition permit. Upon satisfactory completion of said demolition and site restoration in accordance with the foregoing, the existing pool certificate of occupancy or permit shall be extinguished and invalidated.

(L.L. No. 6-2005)

It is hereby determined that:

Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation or aquatic habitat for fish and other desirable species;

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

Substantial economic losses can result from these adverse impacts on the waters of the municipality;

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

(L.L. No. 10-2007)

The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in section 21-600 hereof. This local law seeks to meet those purposes by achieving the following objectives:

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;

Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which should otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

(L.L. No. 10-2007)

In accordance with article 10 of the Municipal Home Rule Law of the State of New York, the Village of Bellport Board of Trustees has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Village of Bellport and for the protection and enhancement of its physical environment.

(L.L. No. 10-2007)

(a)

This local law shall be applicable to all land development activities as defined in this local law.

(b)

The municipality shall, by resolution, designate a stormwater management officer who shall accept and review all stormwater pollution prevention plans. The stormwater management officer may, upon approval by the village board of trustees of the Village of Bellport, engage the services of a registered professional engineer to assist with the review [of] the plans, specifications and related documents.

(c)

All land development activities subject to review and approval by the planning board of the Village of Bellport shall be reviewed subject to the standards contained in this local law.

(d)

All land development activities not subject to review, shall be required to submit a stormwater pollution prevention plan (SWPPP) to the stormwater management officer who shall approve the SWPPP if it complies with the requirements of this law.

(L.L. No. 10-2007)

The following activities are exempt from review under this law.

(1)

Agricultural activity as defined in this local law.

(2)

Routine maintenance activities that disturb less than five (5) acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

(3)

Repairs to any stormwater management practice or facility deemed necessary by the stormwater management officer.

(4)

Any part of a subdivision if a plat for the subdivision has been approved on or before the effective date of this law.

(5)

Land development activities for which a building permit has been approved on or before the effective date of this law.

(6)

Cemetery graves.

(7)

Installation of fence, sign, telephone, and electric poles and other kinds or posts or poles.

(8)

Emergency activity immediately necessary to protect life, property or natural resources.

(9)

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

(10)

Landscaping and horticultural activities in connection with existing structure.

(L.L. No. 10-2007)

The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section.

Agricultural activity. The activity or and active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

Applicant. A property owner or agent of a property owner who has filed an application for a land development activity.

Building. Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than one hundred (100) square feet of area.

Channel. A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clearing. Any activity that removes the vegetative surface cover.

Dedication. The deliberate appropriation of property by its owner for general public use.

Department. The New York state Department of Environmental Conservation.

Design manual. The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

Developer. A person who undertakes land development activities.

Erosion control manual. The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book".

Grading. Excavation or fill of material, including the resulting conditions thereof.

Impervious cover. Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g. building rooftops, pavement, sidewalks, driveways, etc.).

Industrial stormwater permit. A state pollutant discharge elimination system permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration. The process of percolating stormwater into the subsoil.

Jurisdictional wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Land development activity. Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one (1) acre, or activities disturbing less than one (1) acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

Landowner. The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

Maintenance agreement. A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance or stormwater management practices.

Nonpoint source pollution. Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Phasing. Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

Pollutant of concern. Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

Project. Land development activity.

Recharge. The replenishment of underground water reserves.

Sediment control. Measures that prevent eroded sediment from leaving the site.

Sensitive areas. Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SPDES General Permit for Construction Activities GP-02-01. A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one (1) or more acres of land.

SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-02-02. A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

Stabalization. The use of practices that prevent exposed soil from eroding.

Stop work order. An order issued which requires that all construction activity on a site be stopped.

Stormwater. Rainwater, surface runoff, snowmelt and drainage.

Stormwater hotspot. A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

Stormwater management. The use of structural of nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

Stormwater management facility. One (1) or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

Stormwater management officer. An employee or officer designated by the municipality to accept and revise stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

Stormwater management practices (SMPs). Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

Stormwater pollution prevention plan (SWPPP). A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

Stormwater runoff. Flow on the surface of the ground, resulting from precipitation.

Surface waters of the State of New York. Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in water of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

Watercourse. A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

Waterway. A channel that directs surface runoff to a watercourse or to the public storm drain.

(L.L. No. 10-2007)

(a)

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the stormwater management officer has received a stormwater pollution prevetion plan (SWPPP) prepared in accordance with the specifications in this article.

(b)

Contents of stormwater pollution prevention plans.

(1)

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

a.

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

b.

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

c.

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

d.

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastucture installation and any other activity at the site that result in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be distrubed at any one (1) time unless pursuant to an approved SWPPP.

e.

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

f.

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

g.

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

h.

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

i.

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

j.

Temporary practices that will be converted to permanent control measures;

k.

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

l.

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

m.

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

n.

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

o.

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

p.

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

(2)

Land development activities meeting condition "A", "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth below as applicable:

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

Condition B: Stormwater runoff from land development activities disturbing five (5) or more acres.

Condition C: Stormwaterrunoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-famioly residences and construction activities at agricultural properties.

(3)

SWPPP requirements for condtion "A", "B" and "C":

a.

All information in subsection (b)(1) above;

b.

Description of each post-construction stormwater management practice;

c.

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

d.

Hydrologic and hydraulic analysis for all structural components of the stromwater management system for the applicable design storms;

e.

Comparison of post-development stormwater runoff conditions with pre-development conditions;

f.

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

g.

Maintenance schedule to ensure continuous and effective operatoin of each post-construction stormwater management practice;

h.

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

i.

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures;

j.

For condition "A", the SWPPPshall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law.

(c)

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

(d)

Contractor certification.

(1)

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

(2)

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

(3)

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

(e)

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

(L.L. No. 10-2007)

All land development activities shall be subject to the following performance and design criteria:

(1)

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

a.

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

b.

New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Contol Manual).

(2)

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

(3)

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

(L.L. No. 10-2007)

(a)

Maintenance and inspection during construction.

(1)

The applicant or developer of the land developpment activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent.

(2)

For land development activities meeting condition "A", "B" or "C" in subsection 21-606(b)(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven (7) days and within twenty-four (24) hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shallbe maintained in a site log book.

(b)

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

(c)

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

(1)

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

(2)

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

(3)

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this article.

(d)

Maintenance agreements. The village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the county clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this article entitled Sample Stormwater Control Facility Maintenance Agreement. The village, in lieu of a maintenance agreement, at is sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

(L.L. No. 10-2007)

The stormwater management officer may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the enforcement official at least forty-eight (48) hours beofre any of the following as required by the stormwater management officer:

(1)

Start of construction.

(2)

Installation of sediment and erosion control measures.

(3)

Completion of site clearing.

(4)

Completion of rough grading.

(5)

Completion of final grading.

(6)

Close of the constructgion season.

(7)

Completion of final landscaping.

(8)

Successful establishment of landscaping in public areas.

In any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilzation until any violations are corrected and all work previously completed has received approval by the stormwater management officer.

(L.L. No. 10-2007)

The stormwater management officer, is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

(L.L. No. 10-2007)

Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of atype which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES cause violations of state or federal water or sediment quality standards or the SODES stormwater permit; and joint inspections with other agencies inspecting under enfironmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition or drainage control facilities and other stormwater management practices.

(L.L. No. 10-2007)

The stormwater management officer may require monitoring and reportin from entities subject to this law as are necessary to determine compliance with this article.

(L.L. No. 10-2007)

When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.

(L.L. No. 10-2007)

In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set foth by the village in its approval of the stormwater pollution prevetion plan, the village in may require the applicant or developer to provide, prior to construction, a performance bond, cash excrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the village as the beneficiary. The security shall be in an amount to be determined by the village based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the village, provided that such period shal not be less than one (1) year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the village. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

(L.L. No. 10-2007)

Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the village with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the village may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(L.L. No. 10-2007)

When the village determines that a land development activitiy is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1)

The name and address of the landowner, developer or applicant;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measure necessary to bring the land development activity into compliance with this article an d atime schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation.

(L.L. No. 10-2007)

The village may issue a stop work order for violations of this article. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violation leading to the stop work order. The stop work order shall be in effect until the village confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.

(L.L. No. 10-2007)

Any land development activity that is commenced or is conducted contrary to this article, may be restrained by injunction or otherwise abated in a manner provided by law.

(L.L. No. 10-2007)

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine no exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six (6) months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five (5) years, punishable by a fine not less than three hundred fifty dollars ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed six (6) months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five (5) years, pubixhable by a fine not less than seven hundred dollars ($700.00) nor more than one thousand dollars ($1,000.00) or imprisonment for a period not to exceed six (6) months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute additional violation.

(L.L. No. 10-2007)

If any building or land development activity is installed or conducted in violation of this article, the stormwater management officer may prevent the occupancy of said building or land.

(L.L. No. 10-2007)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the village may take necessary corrective action, the cost of which sall become a lien upon the property.

(L.L. No. 10-2007)

The village may require any person undertaking lan d development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the village or performed by a third party for the village.

(L.L. No. 10-2007)

(a)

A vacant storefront may have a total sign area not exceeding one (1) square foot for each horizontal foot of the storefront. The total square footage of all window signs shall occupy no more than twenty-five (25) percent of the glass door/window area. The area of a sign shall be measured by the area of the largest rectangle required to enclose the sign.

(b)

No papered-over windows are permitted in vacant commercial buildings for longer than thirty (30) days and an explanation needs to be given if papered (i.e., coming soon, pardon our appearance, etc.). The use of screens/fabric or signage placed at a distance within two (2) feet but no greater than four (4) feet in from the window shall be permitted with no restriction of size. This section shall not apply to "For Sale" or "For Rent" signs which are regulated in subsection (d) below.

(c)

Vacant commercial properties shall maintain a display in every ground level or first-floor window facing a public right-of-way during the period of vacancy. A window display in the public interest (historical objects, art, etc.) or a screen with graphics set in at a distance of least two (2) feet but no greater than four (4) feet inside the windows is required.

(d)

Only one (1) "For Rent" or "For Sale" sign per storefront shall be permitted. No permit shall be required. Said sign shall not exceed eight (8) square feet in area and the total square footage of the sign shall occupy no more than twenty-five (25) percent of the glass door/window area.

(e)

All such signs shall conform to Village Code chapter 21, article V, division 5, entitled "signs."

(L.L. No. 4-2013, § 2)