An accessory building may be located in any required side or rear yard, provided that:

Accessory buildings on adjoining lots constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection, except tree trunks cleared to a height of eight feet.

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. The minimum district requirements for each shall be complied with.

Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line.

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

Existing setback. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of two or more existing dwellings located within 300 feet on each side of said proposed dwelling, on the same side of the street and within the same block and the same district.

The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building on which they are located.

The height of each such feature shall not exceed 15 feet above the district height limitations.

All such features, except antennas, shall be suitably screened in a manner which is in harmony with the building of which they are a part.

Less than required area or width. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a total area or width less than prescribed herein, may be used for a one-family residence in RA and RB Districts and a two-family residence in RB Districts, provided that such a lot shall be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements, and with the minimum side yards set forth below:

Less than required depth. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a depth less than that prescribed herein, may be used for a one-family residence in RA and RB Districts and a two-family residence in RB Districts, provided that such lot shall be developed in conformity with all applicable district regulations other than the minimum lot depth requirement and provided that the rear yard is at least 25% of the lot depth.

Fences or walls in front yards shall be not more than four feet in height and, in the case of fences, not more than 50% solid, except as provided in Subsection C(1) above; provided, however, that the Planning Board shall have the authority, during the site plan review process, to approve retaining walls in front yards with a maximum height of six feet if the Planning Board makes a determination that a higher wall is required for the grading necessary to construct the driveway or primary structure.

Fences or walls not over six feet in height may be erected anywhere on a lot except in a front yard.

Fences not over eight feet in height and not more than 25% solid may be erected anywhere on a lot except in a front yard.

Fences shall be erected with the finished side facing the street(s) or abutting lot(s).

In accordance with § 616 of the Executive Law, a manufactured home affixed to a permanent foundation shall be considered a one-family detached dwelling for purposes of this Zoning Law, provided that such manufactured home conforms with the identical development specifications and standards generally applicable to a site-built one family residence as required by the Zoning Law and the Code of the Village of Croton-on-Hudson. Such development specifications and standards include, but are not limited to, conformance with general aesthetic and architectural standards, parking requirements, the bulk and area requirements of the underlying zoning district, and receipt of minor site plan approval in accordance with Article XI of this Chapter. The use of skirting and perimeter enclosures shall be included in the design of any manufactured home proposed within the Village.

Upon a change in ownership, should the new owner desire to continue the accessory apartment or accessory cottage use, the new owner shall provide notification to the Building Department confirming the new owner will reside in the premises as required and that they are aware of the laws regarding accessory apartments and accessory cottages and will remain in compliance. Such notice shall be provided within 90 days of the change of ownership. Failure to timely file will result in a revocation of the accessory apartment or accessory cottage approval and the new owner will have to make a new application.

Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

Notwithstanding any other provision, and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legally required window, other than a bathroom or kitchen window, and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot.

Inner courts are prohibited.

The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.

Inner courts. No inner court shall have a minimum dimension less than 1/2 of the average height of all surrounding walls.

Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.

Except as provided in Subsection K in connection with temporary signs and in Subsection P(1)(f) in connection with residential yard signs, the Village Engineer shall receive, review and comment on conformance for all completed applications to erect, replace, move or modify signs. The Village Engineer shall then forward applications that are in substantial compliance to the Visual Environment Board (VEB) within five business days for VEB review and recommendation on the issuance of a sign permit. The Visual Environment Board's opinion shall be rendered to the Village Engineer and/or Planning Board within 21 days of receipt of said application. If the signage is part of an application for a site plan approval or a change of use approval, the Planning Board's decision on the site plan shall include its decision on the proposed signage.

The payment of an application fee in accordance with the Village's schedule of fees[1] shall accompany all sign permit applications.

The Village Engineer and VEB shall maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process.

Permitted signs may be illuminated except where this chapter specifically prohibits certain signs from being illuminated. However, sign illumination shall not be twinkling, flashing, intermittent (except for time/temperature signs), or of changing degrees of color or intensity. Further, neon signs shall only be permitted on the inside of buildings. No sign shall contain or consist of Day-Glo-like material.

All light sources used for illuminating signage shall be shielded and shall not be a source of glare.

Upon referral by the Village Engineer and/or VEB, the Planning Board may require the submission of an illumination plan and may regulate the number, placement, intensity and hours of illumination of all light fixtures used for signage.

Temporary signs are those which are displayed for short periods of time. Unless specified otherwise below, all temporary signs shall be limited in usage to a maximum of 45 days. Signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed.

Temporary signs do not require a signage permit and shall be restricted as applicable as set forth below:

Except as provided in Subsection K(2)(a) through (e), temporary signs shall not exceed 16 square feet in area and shall not be illuminated.

Temporary signs shall not have an adhesive backing and must be easily removable without residual markings.

Temporary signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H above.

Billboards, except for those which are existing on the effective date of these regulations and which are associated with a site which is on the National Register of Historic Places.

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

Searchlights, beacons, blimps and permanent balloons.

Signs attached to or painted on trucks or other large vehicles when the vehicle is obviously marked and parked in such a manner as to advertise or attract attention to an establishment or business.

Banners, flags, strings of balloons, flags or lights, or similar outdoor advertising, except on a temporary basis with respect to the opening, reopening or remodeling of the business (that is, limited to a maximum duration of 45 days).

One-Family Residence RA-60, RA-40, RA-25, RA-9, RA-5 Districts; Two-Family Residence RB District; Multiple Residence RC District.

Limited Office O-1 District. One nonilluminated sign facing a street and not exceeding an area of five square feet shall be permitted.

Limited Office O-2 District. One sign shall be permitted, provided that such sign is facing a street and as follows:

Central Commercial C-1, Riverside Commercial C-1R(A) and Riverside Transition C-1R(B) Districts.

General Commercial C-2 District.

Light Industrial LI District.

Waterfront Commercial WC District.

Waterfront Development WD District.

Supplementary regulations for any parking spaces adjacent to residence districts. Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use.

Explosives. Activities involving the storage or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the Police Department. The list of materials or products which decompose by detonation, when in sufficient concentrations, includes but is not limited to the following:

Fire hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and adequate fire-fighting and fire-suppression equipment and devices standards in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of other state and local laws and regulations shall also apply.

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbances, except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies which adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.

Smoke. No emission shall be permitted any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines. (Power's Miscro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.) This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation or to other forms of property or which can cause any excessive soiling of any paint, and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per (standard) cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.

Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Water Pollution Control Board or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.

Noise. At the specified points of measurement the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.)

Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C.

Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.

Within all residential developments of 10 or more units created by subdivision or site plan approval, no less than 10% of the total number of units must be created as AFFH units. Rounding shall be done as follows: for 10 to 14 housing units: one AFFH unit; for 15 to 24 housing units: two AFFH; then continuing in like increments as the number of housing units increase.

Notwithstanding the above, all such AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan in place at the time.

Within single-family developments, the AFFH units may be single-family homes or, if the Planning Board so elects, they may be incorporated into one or more two-family homes. If the Planning Board so elects, one or more AFFH unit(s) may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

Within multifamily developments, the AFFH units shall be physically integrated into the design of the development and, where multiple AFFH units are required, to the extent feasible, they shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AFFH units shall not be distinguishable from other market rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

The minimum gross floor area per AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following:

For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.

As an alternative or supplemental standard if the Planning Board so elects: The minimum gross floor area per AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in Section 4.03.03 of the most recent edition of its joint Design Manual. See: http://nysdhcr.gov/Publications/DesignHandbook/UF2009_DesignHandbook.pdf or its successor.

In the case of owner-occupied AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of (i) the net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between (a) the month that was two months earlier than the date on which the seller acquired the unit and (b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the Village of Croton-on-Hudson will designate a substitute index; and (ii) the cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvements no later than the time the seller of the unit desires to include it in the resale price.

Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.

Applicants for rental AFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law.

If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and shall be offered a nonrestricted rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the AFFH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.

Preapplication meeting. The Planning Board's preapplication meeting process shall be followed in connection with developments which include AFFH units. The purposes of the preapplication meeting will include discussion of means to expedite the development application review process through:

Meeting schedule and timeline. Village departments, boards, commissions, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication process to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including AFFH units shall be entitled to at least one additional meeting per year with the same departments, boards, commissions, or committees to review any and all items discussed at previous preapplication meetings.

Calendar/agenda priority. Municipal departments, boards, commissions, or committees with review or approval authority over applications for developments which include AFFH units shall give priority to such applications by placing applications for developments including AFFH units high enough on all meeting and work session calendars and agendas so they will not be bumped to a subsequent meeting, because of lack of time and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses;

Increasing employment and business development in the region by furthering the installation of solar energy systems;

Decreasing the use of fossil fuels, thereby reducing the carbon footprint of the Village of Croton-on-Hudson;

Diversifying energy resources to decrease dependence on the grid.

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Village of Croton-on-Hudson after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to the provisions hereof.

A building permit shall be required for installation of all solar energy systems.

Prior to the issuance of a building permit, construction and/or site plan documents, signed and stamped by a licensed professional engineer or registered architect, shall be submitted to the Engineering Department.

All Village boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

For solar energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this law.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (Building Code), the New York State Energy Conservation Code (Energy Code), and the Village Code.

Roof-mounted solar energy systems. Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

Building-integrated solar energy systems and canopy-mounted solar energy systems shall be shown on the plans submitted for the building permit application for the building or property containing the system. Applicants for canopy-mounted solar energy systems shall submit all studies as required by the Village Engineer or Building Inspector.

Glare. All solar panels shall have antireflective coating(s).

Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district, except that they shall be set back no less than 10 feet from any property line. In RA and RB Zoning Districts, all ground-mounted solar energy systems shall only be installed in the side or rear yards.

Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.

Screening and visibility.

Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

Lot coverage. The surface area covered by Tier 2 solar energy systems shall be included in the total lot coverage permitted within the underlying zoning district.

Applications for the installation of Tier 3 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Special permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions:

Special use permit standards.

At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Village Manager to ensure all parties have clear expectations regarding any Village requirements applicable to the proposed solar energy system. Submission and review of the application shall not be delayed based on the failure of the Village Manager to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide:

Applications for the installation of Tier 4 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised within 60 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Applications for a Tier 4 solar energy system shall include a community engagement plan detailing the applicant's proposed plans and strategies for ensuring adequate public awareness and encouraging community participation. Applicants are highly encouraged to discuss the contents and details proposed in this plan with the Village Manager prior to the submission of a formal application.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.

If a battery energy storage system is included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Village and any applicable federal, state, or county laws or regulations.

Where deemed necessary by the Board of Trustees or Planning Board, emergency access to the site for local first responders shall be provided by the installation of an emergency lock box or a similar device, in a location subject to the approval of the Fire Chief.

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

To mitigate the impacts of battery energy storage systems on environmental resources such as conservation areas, wildlife and other protected resources; and

To create synergy between battery energy storage system development and the goals of the Village's Comprehensive Plan.

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Village after the effective date of this section, excluding general maintenance and repair.

Battery energy storage systems that have a valid building permit or have been constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.

A building permit shall be required for installation of all battery energy storage systems.

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that: (1) contain or are otherwise associated with a battery energy storage system, and (2) are subject to the Uniform Code and/or the Energy Code, shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village Code.

For battery energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this section.

Any ground-mounted battery energy storage system shall be placed on a concrete pad having a minimum height of six inches, or as otherwise prescribed by the Village Engineer.

Battery energy storage systems for one- or two-family residential dwelling units shall not exceed an aggregate energy capacity of the following:

All outside Tier 1 battery energy storage systems shall only be installed in side or rear yards and meet the minimum lot size and standard setbacks in the zoning district for principal structures. Heights are limited to 6.5 feet for any external battery energy storage systems.

All outside Tier 1 battery energy storage systems shall provide a fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

All outside Tier 1 battery energy storage systems shall not have an area greater than 225 square feet for a single energy storage system, and all systems in the aggregate shall not occupy more than 25% of the area of the required rear or side yard.

Tier 2 battery energy storage systems are permitted through the issuance of a special permit by the Village Board of Trustees within the RA-40, RA-60, C-2 and LI Zoning Districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.

Applications for the installation of Tier 2 battery energy storage system shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Site plan application. For the installation of Tier 2 battery energy storage systems, the following site plan requirements apply:

Special permit standards. In addition to the other special permit standards in this chapter, the following special permit standards shall apply for Tier 2 battery energy storage systems:

Access. Vehicular access within the site shall be designed to minimize the extent of impervious materials and soil compaction and meet any applicable emergency access or safety requirements.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Signage.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties and shall minimize impacts on nocturnal animals where practicable.

Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees shall be governed by Chapter 208, Trees, and should be minimized to the extent possible.

Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 160, Noise. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.

Conditions. The following shall be made conditions of all special permits issued for Tier 2 battery energy storage systems.

Decommissioning.

Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards, as applicable:

Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Fire Chief and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Any aboveground geothermal energy equipment shall not be located in any front yard, and shall be subject to side and rear yard setback requirements for accessory structures.

At the discretion of the Village Engineer, outdoor aboveground geothermal energy equipment shall be screened from adjacent properties by landscaping, fencing, or other methods to minimize the aesthetic impact of the geothermal energy equipment on adjacent properties.

All underground components of geothermal energy systems, including borings, loops, and other equipment, shall be set back at least five feet from side and rear lot lines.

All borings and loops shall be set back at least 10 feet from the foundation of any structure, unless the foundation is a concrete slab, in which case, all borings and loops shall be set back at least five feet from the foundation of any structure.

Geothermal energy systems shall not encroach on any public or private utility or right-of-way easement.

Site plan approval. Site plan approval is not required for any geothermal energy system except where Planning Board review is specifically required by § 230-67.

An application with plan shall be submitted to the Village Engineer as a requirement for the issuance of a building permit for any geothermal energy system. Such plan shall indicate all existing and proposed grading, excavating, filling, paving, fencing, tree removal, wetlands, utilities, easements, erosion and sediment control devices, and screening as it may relate to the proposed geothermal energy system. The plan shall also indicate the location of all property lines and shall comply with the requirements and standards of this section.

The Board of Trustees of the Village of Croton-on-Hudson hereby finds that adult entertainment uses of property, by their very nature, have serious objectionable characteristics that can have a significant impact on the neighborhood and community in which they are located.

The Board of Trustees further finds that:

In order to prevent the deleterious location and concentration of such businesses and to ensure that those effects will not adversely affect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Croton-on-Hudson finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Village of Croton-on-Hudson. Therefore, it is the primary purpose of this section to restrict adult entertainment use businesses to nonresidential areas of the village and to specifically reduce their potential accessibility to children.

Adult entertainment use shall only be permitted in the LI Light Industrial Zoning District.

No adult entertainment use shall be closer than 500 feet from any lot line of any other lot on which there is another adult entertainment use.

No adult entertainment use shall be established closer than 500 feet from the lot line of any area where youth may regularly assemble, including but not limited to, a school, nursery school, day-care center, library, hospital, church or other regular place of religious worship, community center, park, playground, recreational area or field.

No more than one adult entertainment use as defined above shall be located on any individual lot.

No adult entertainment use shall be established unless the provisions of all applicable laws, rules and regulations of the Village of Croton-on-Hudson have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Village of Croton-on-Hudson, the most restrictive law, rule or regulation shall apply.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this section will be observed; and

That the establishment of an additional use of the type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.

Prior to the commencement of any adult entertainment use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations within the jurisdiction of the Fire Department, the Village Engineer and other code enforcement officials.

The Fire Department, the Village Engineer and other code enforcement officials shall complete their certification that the premises are in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Village Manager.

An applicant or permittee and/or licensee shall permit representatives of the Village Police Department, Fire Department, Engineering Department or other Village departments or agencies to inspect the premises of an adult entertainment use for the purpose of insuring compliance with the law at any time it is occupied or open for business.

The Village Manager shall suspend the right to conduct such adult entertainment use for a period not to exceed 30 days if he determines that the owner and/or operator or an employee of the owner and/or operator has:

Prior to any suspension, the Village Manager or Code Enforcement Officer shall provide the owner and/or operator with a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its written response to this notice to the Village Manager within 10 days of receipt of said notice. The Village Manager may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.

A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to this section shall be subject to prosecution and punishment under § 1-12 of the Code of the Village of Croton-on-Hudson or, in the alternative, violation of this section may be enforced by injunction.

The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.

If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid.

An adult entertainment use lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult entertainment use business, of a school, nursery school, day-care center, library, hospital, church or other regular place of religious worship, community center, park, playground, recreational area or field within 500 feet of the adult entertainment use business.

The owner of the dwelling must occupy as a principal residence the premises for which permission is sought to house a boarder.

The dwelling shall not contain an accessory apartment, nor may any accessory cottage exist on the subject property.

The sleeping room utilized by the boarder shall have not less than 100 square feet of floor area, exclusive of closet space.

The dwelling shall comply with this chapter and all applicable building, fire, electrical, health and other safety codes.

The dwelling space occupied by the boarder shall not have independent cooking facilities. Food storage and microwave ovens are permitted after issuance of a boarder permit by the Village Engineer. Refrigerated food storage shall be limited to a six-cubic-foot-capacity storage unit. Microwave ovens shall be utilized on a table or bench not to exceed 36 inches in height.

No boarder permit shall be issued unless the subject application is reviewed and approved by the Village Engineer. The Village Engineer may require a physical inspection of the property to ascertain the adequacy of the structure to accommodate such boarding use, and the adequacy of the site to provide appropriate off-street parking facilities.

Every application for a boarder permit shall be accompanied by a fee set by resolution of the Board of Trustees.

If a dwelling with a valid boarder permit is sold or transferred, the new owner may, within 60 days from the taking of title, apply for a boarder permit. All the conditions set forth in this section must be met. A new owner shall not be deemed in violation of this section provided an application is submitted within the sixty-day period.

Should the new owner house a boarder but fail to apply for a boarder permit within 60 days from the taking of title, the new owner shall be deemed in violation of this chapter. In addition, the new owner shall be precluded from applying for a boarder permit for a period of one year from the date on which title was transferred.