Provide opportunity for the right to establish smaller dwelling units as incidental and subordinate to single-family dwellings in the Village of Dobbs Ferry and to ensure that any accessory dwelling unit meets applicable building, fire and safety standards.

Establish smaller dwelling units without increasing building density by utilizing residential and accessory building resources as a means to meet the housing needs of populations which may be underserved, especially single persons and couples of all ages with fixed, low and moderate incomes, and relatives of existing residents of Dobbs Ferry.

Provide economic support for resident individuals and families, particularly property owners who would benefit from rental income due to fixed or moderate means, for whom there are limited housing options should they desire to remain in the Village.

Encourage diversity in the housing stock options and the residential population of Dobbs Ferry.

Promote the health, safety and welfare of the residents of the Village of Dobbs Ferry and preserve property values.

The accessory dwelling unit is allowed by special permit in the residential zoning districts as set forth in Table A-1[1] of this chapter.

The accessory dwelling unit must be located in a principal building of a one-family dwelling or in a permitted accessory building on the same property, except that accessory dwelling units shall be permitted in the MDR Districts only in an accessory building on properties improved with principal one-family dwelling units.

The owner of the one-family dwelling unit must occupy either the principal dwelling or the accessory dwelling unit as a principal residence.

The minimum floor area for an accessory dwelling unit shall be 300 square feet, but in no case shall it exceed 33% of the floor area of the principal dwelling or 800 square feet, whichever is less, unless, in the reasonable opinion of the Planning Board, a greater or lesser amount of floor area is warranted by the specific circumstances of a particular building.

An accessory dwelling unit shall not contain more than two bedrooms, each meeting requirements of applicable codes, including building, fire and safety and zoning.

Although no additional parking shall be mandatory for an accessory dwelling unit, a parking assessment shall be made on a case-by-case basis during the review of the special permit application by the Planning Board. At a minimum, existing required parking for the primary dwelling must be maintained or replaced on site.

Except for improvements mandated by NYS Uniform Code requirements, no exterior changes shall be made to the building in which the accessory dwelling unit is located that, in the reasonable opinion of the Planning Board, would significantly alter the appearance and character of the building as a single-family residence or accessory structure.

During the review of any application for an accessory dwelling unit special permit, the Planning Board shall consider the effect of the proposed accessory dwelling unit on parking, traffic, noise, congestion, appearance, and other site-specific factors that the Planning Board reasonably deems relevant to potential impacts on the neighborhood. Following consideration of these site-specific criteria, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the addition of an accessory dwelling unit use to the subject property. The Planning Board may refuse to issue a special permit if it finds that the cumulative effects from approved accessory dwelling units in the neighborhood, including the one proposed, will adversely affect the character of the neighborhood.

The accessory dwelling unit must adhere to current residential design guidelines (as captured in Chapter 300, Appendix G "Residential Design Guidelines").

The accessory dwelling unit must comply with all relevant New York State Uniform Codes, including all requirements for a dwelling unit.

No open violations of the Dobbs Ferry Code shall exist at the time of application for an accessory dwelling unit special permit.

A maximum of 50 validly issued accessory dwelling unit special permits shall be permitted Village-wide. The limit on the number of accessory apartment special permits may not be varied by the Zoning Board of Appeals.

An applicant for a special permit for an accessory dwelling unit shall provide:

The Building Inspector, or his/her designee, shall conduct a physical inspection of the proposed accessory dwelling unit and the building in which it is located and report the results to the Planning Board.

In granting a special permit for an accessory dwelling unit, the Planning Board shall have the authority to impose such reasonable restrictions and conditions as are consistent with the purposes of this chapter, including but not limited to landscaping or other means of buffering.

Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory dwelling unit in a principal dwelling building or the conversion of a portion of an accessory building to an accessory dwelling unit use, the applicant must obtain approval of the proposed method of water supply and sewage disposal from the Westchester County Department of Health and shall coordinate such approval with the Village.

All changes of building ownership require reinspection per § 204-21 of the Village Code. A change in building ownership requires a transfer of the special use permit for an existing permitted accessory dwelling unit.

An accessory dwelling unit special permit shall expire automatically if the new building owner does not apply for a special permit transfer within 90 days of the change of ownership of the building. The new owner must meet all the requirements set forth in this section in order to obtain the transfer of a permit. The new owner shall not be deemed in violation of this section as long as the application is pending. Should a new owner maintain an accessory dwelling unit but fail to apply for a special permit transfer within 90 days from the taking of title, the new owner shall be deemed in violation of this chapter.

In such event, the tenant of the accessory dwelling unit shall be permitted to remain for up to the end of their current lease, if the owner of the residence so consents unless the Planning Board approves an additional extension of time by resolution upon receipt of a written request by the property owner for such extension.

Any property owner who allows occupancy of an accessory dwelling unit in violation of this section or any other provision of this chapter, or any condition imposed by the Village in connection with an accessory dwelling unit shall be subject to, at a minimum, revocation of any special permit issued in connection with the accessory dwelling unit.

In addition to the foregoing, any property owner who fails to obtain an accessory dwelling unit special permit or who allows occupancy of an accessory dwelling unit in violation of this chapter, or any condition imposed in connection with the special permit shall be guilty of an offense punishable by a fine of not less than $2,000. Any continued violation shall constitute a separate additional offense and may be subject to applicable fines.

For residential developments containing 10 dwelling units or more, no less than 10% of all units in such development shall meet the definition of an "affordable housing unit" as set forth in this chapter. Where the number of proposed units results in a partial affordable unit, the number of units shall be rounded according to the rules of § 300-9F(1). In residential developments of five to nine units, at least one affordable housing unit shall be created. The Village Board may mandate in its reasonable discretion a higher percentage of affordable housing units of up to 15% on appropriate sites, such as where there is no or marginal land cost and significant infrastructure already in place. A typical site of this nature would be an existing office/commercial center with developed utilities, access and parking spaces.

Affordable housing units shall generally be located and distributed evenly throughout the development, although the Board of Trustees and Planning Board may use reasonable discretion in reviewing and approving distribution. Within new single-family developments, the affordable housing units may be single-family homes or may be incorporated into one or more two-family homes. Each single-family affordable housing unit may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the same 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.

The exterior appearance of affordable housing units shall not distinguish them as a class from other units. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable housing units.

Affordable housing units shall be distributed among one-, two- and three-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Board of Trustees and Planning Board as being better suited to meeting the housing needs of the Village.

No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable housing units created under this subsection. All units shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan to ensure outreach to racially and ethnically diverse households.

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:

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 affordable housing units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. If a resident remains eligible and has complied with the terms of the lease, said resident shall be offered successive 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 the resident may be allowed to sign one additional one-year lease for the affordable housing unit they occupy, provided that:

The Board of Trustees shall be responsible for facilitating the affordable housing program and monitoring compliance with the affordable housing requirements of this section and shall have the authority to promulgate rules and regulations as may be necessary to facilitate, administer, implement and enforce same. Such rules and regulations shall be duly promulgated, then provided to and maintained by the Village Clerk among the official records of the Village and may be amended from time to time by a resolution of the Board of Trustees. The Board of Trustees may designate an individual, a Village Department or a local nonprofit agency or authority, such as the County of Westchester, to administer the program and monitor compliance in its stead.

To ensure that the affordable housing units shall remain subject to the affordable housing requirements, the property containing any unit subject to this section shall be restricted by means of a recorded declaration of restrictive covenants or equivalent restrictions in the deed of transfer, a copy of which and proof of its recording must be provided to the Village prior to the issuance of a certificate of occupancy for the unit so restricted. Among the covenants shall be a requirement that any subsequent owner of the unit meet all the requirements of this section and that the unit must be the primary residence of the household selected to occupy the unit in accordance with the applicable criteria. The restrictions placed on all affordable housing units shall run with the land and be effective for a period established by the Board of Trustees, but in no case shall such period be less than 50 years.

Maximum monthly rent and the maximum gross sales price, including lease renewal and resales, for an affordable housing unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the most current edition of the Westchester County Area Median Income Sales and Rent Limited available from the County of Westchester, a copy of which shall be available among the official records of the Village of Dobbs Ferry maintained by the Village Clerk.

Alternatives to set-aside. Upon a written request by an applicant for waiver as to all or some of the affordable housing units required by this section, the Board of Trustees, on a case-by-case basis, shall consider the request in light of the goals of the Affordable Housing Program and vote during a public meeting whether to take further action on such request in its sole discretion. In the event that the Board of Trustees affirmatively votes to consider the request, a determination may only be made following a public hearing duly published noticed no less than four or more than 20 days prior to the date of the hearing. The hearing shall be conducted to provide an opportunity for all who wish to be heard on the matter to comment on the request. At the hearing, it shall be the burden of the applicant to justify the waiver in light of the goals of the affordable housing program and provide evidence, which may consist of empirical financial data, that the inclusion of any or all the affordable housing units required by this section would render the development financially infeasible. After conducting a duly noticed public hearing, the Board of Trustees shall deliberate publicly by balancing the request for waiver against the goals of the affordable housing program and may vote to grant or deny such request, in whole or in part. In the event the request is granted in whole or part, the Board of Trustees shall:

Expedited review process.

Applicability. This section shall not apply to any residential development that has received site plan approval prior to:

Provide adequate light for safety and security;

Promote efficient and cost-effective lighting and to conserve energy;

Reduce light pollution, uplighting, light trespass, glare and offensive light sources, including but not limited to floodlighting and unshielded wallpacks, uplighting of buildings and signs;

Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky; and

Prevent inappropriate, poorly designed or installed outdoor lighting.

Any light source or lamp that emits more than 900 lumens (13-watt compact fluorescent or 60-watt incandescent) shall be concealed or shielded with a full-cutoff-style fixture within an angle not exceeding 90° to minimize the potential for glare and unnecessary diffusion on adjacent property.

The maximum height of any lighting pole serving a residential use shall be 12 feet. The maximum height serving any other type of use shall be 15 feet; except in parking lots larger than five acres, the maximum height shall be 20 feet. Poles with a height of more than 12 feet shall be located at least 100 feet from any residential use.

No flickering, rotating or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

Light fixtures located within commercial buildings that project light outside of the building through windows or other openings shall be considered exterior lighting under this section.

Exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at the property lines and disability glare at any location on or off the property.

New site lighting plans must follow guidelines in the recommended practices booklets published by the Illuminating Engineering Society of North America (IESNA).

When a fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected. Fences that do not meet the requirements of this chapter shall be submitted to the AHRB for approval of materials and to the Zoning Board of Appeals for approval of height and opacity.

Fences, walls, and retaining walls are not subject to setback requirements from property lines. Retaining walls with a height differential of less than 30 inches as measured from the grade at the low side to the grade at the high side do not require a building permit. All retaining walls with a height differential of 30 inches or greater as measured from the grade at the low side to the grade at the high side require a building permit and are subject to site plan review and approval. Except as set forth in Village Code § 300-18, all walls requiring a building permit shall be submitted to and approved by the AHRB.

Measurement.

Residential districts. In the residential districts, fences and walls shall not exceed a height of four feet in front yards and six feet in side and rear yards. Any fence installed in a front yard shall be of no greater than sixty-percent opacity (that is, it shall obscure no more than 60% of the view into the land).

Nonresidential districts. In zoning districts other than residential zoning districts, fences and walls shall not be permitted in front setback areas, except along side property boundaries, and shall not exceed a height of six feet on the remainder of front yards and in side or rear yards. When necessary for security purposes, taller fences may be approved by the Planning Board as part of the site plan review process.

Exemptions.

The Board of Trustees finds that there exist within the Village places, sites and structures that have a special character or special historical or aesthetic interest or value in American, New York State and local history, architecture and culture; that it is feasible to preserve and continue the use of such places, sites and structures; and that such places, sites and structures face the danger of being demolished and destroyed without adequate consideration of the irreplaceable loss to the people of the Village of the aesthetic, cultural and historical values represented by such improvements.

The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the Village that reflect special elements of the Village's historical, architectural, cultural, economic or aesthetic heritage for the following reasons:

Enabling authority. Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law, it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.

Pursuant to the procedures in this subsection, the Board of Trustees may by resolution:

Upon designation, historic landmarks, scenic landmarks, and contributing properties within historic districts included in any such designation are subject to all the requirements of this chapter.

The designation of an historic landmark, scenic landmark, or historic district is legislative in nature which requires action by the Board of Trustees after a public hearing at which the recommendation made by the Architectural and Historic Review Board shall be considered. Designations or amendments to an historic landmark, scenic landmark, or historic district may be initiated by:

Pre-submission process: Applicants should submit a letter of intent to the Building Inspector. The Building Inspector will then hold a meeting with applicants to discuss the application process.

Application process: Applicants for historic district status shall complete and submit an historic district application, as well as individual property forms for each property within the proposed district. Applicants for historic landmark or scenic landmark status shall submit an individual property form. The individual property form will set forth a scoring system as part of an evaluation of whether a property or properties should be designated as an historic landmark, a contributing property within an historic district, or a noncontributing property within an historic district. The scoring system in the individual property form is a nonbinding guideline to be taken under advisement by the AHRB and the Board of Trustees.

Once an application is deemed complete by the Building Inspector, it shall be referred to the Architectural and Historic Review Board. Within 60 days of receipt of a complete application from the Building Inspector, the Architectural and Historic Review Board shall schedule a public hearing. A notice of hearing shall be published at least once in a newspaper of general circulation in the Village not less than five days prior to the date of such hearing, and notice thereof shall be served by the applicant by certified mail postmarked at least five days prior to the day of the public hearing upon the owner or owners of the proposed landmark or the owners of the properties within the proposed historic district as shown by the current tax rolls of the Village. In the event the designation process has been initiated by one of the Village boards and not an individual applicant, the Village shall be responsible for serving the foregoing notice. If the designation process has been initiated by a property owner or owners, then the expense shall be borne by the property owner or owners. The public hearing shall be conducted in accordance with applicable law and shall be closed after providing opportunity for all parties to be heard on the application. A reasonable period may be designated by the reviewing Board after the close of the public hearing to accommodate receipt of written comments prior to public deliberation and Board action on the application.

Criteria for recommendation.

Within 90 days of the close of the public hearing, the AHRB shall adopt specific written findings and conclusions recommending that the property or properties be deemed historic or not historic and shall forward said recommendation to the Board of Trustees. The recommendation shall include a description of characteristics of the landmark or district justifying its designation or nondesignation, a description of the particular features that should be preserved, and a list of contributing and noncontributing properties and structures. The AHRB may also indicate alterations that would have a significant impact upon or be potentially detrimental to the landmark site or the district. The boundaries of each individual landmark, scenic landmark, or historic district shall be specified in detail with reference to the Tax Map identification number. The recommendation shall be filed, in writing, in the Village Clerk's office and there made available for review by the public. Failure of the AHRB to make a recommendation or nonrecommendation within 90 days of the close of the public hearing shall cause the application to be forwarded directly to the Board of Trustees under Subsection (7) below.

Procedure before the Board of Trustees for designating historic landmark, scenic landmark, or historic district.

Guarantee of installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. However, if the landscaping is not able to be installed prior to a certificate of occupancy being issued due to winter weather or other site limitations, the property owner shall post a financial guarantee for the improvements equal to 115% of the cost of improvements so that the certificate can be issued. Installation of the landscape improvements shall then be completed before June 30 of the following year. This guarantee shall be released upon acceptance by the Village of the completed landscaping.

Types of trees. The types of indigenous trees, shrubbery and grasses shall be selected from a list maintained by the Tree Commission. Invasive species shall not be permitted.

Maintenance. Every property owner and any tenants shall maintain and keep their landscaped areas in a well-maintained, safe, clean and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

Failure to maintain landscaping. Failure to perform the required maintenance shall be considered a violation of this chapter, punishable under its procedures and penalties.

To the maximum extent practicable, where significant natural features or areas of historic or cultural value exist on a property or an adjacent property, an applicant shall give priority to their preservation by locating new development away from those features or areas;

Priority for protection shall be given to the features listed below. These features have not been listed in any order of significance. The relative significance of individual features shall be determined by the Planning Board.

Land use and development shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill, as determined by the Planning Board through the site review process.[1]

The Board of Trustees' and the Planning Board's justification for allowing development and/or disturbance within areas of steep slopes, particularly on lots where it would otherwise be possible to avoid the steep sloped areas, should be the protection and/or preservation of other environmentally sensitive features or the reduction of adverse environmental impacts on neighboring properties, provided that:

Building in areas with more than twenty-five-percent slope or areas containing slide potential and other geotechnical hazards shall be avoided unless no alternative building site is available.

Purpose and intent. The Village of Dobbs Ferry finds that the natural landscape and visual quality of the community provides a sense of pride and individuality, setting it apart from other places. Special vistas, views and scenic areas contribute significantly to the quality of life, add to the value of property, and enhance the desirability and livability of the community. When development occurs on or in the vicinity of a well-recognized landmark or outstanding view it can have a dramatic negative effect upon the general character of the community. As part of the Vision Plan process, the Village has identified significant scenic views and view corridors from selected viewing places throughout the community. Views to the Hudson River, from both public and private property, are particularly important and demand consideration in the review of development applications. The purpose of these standards are to preserve the scenic quality of these resources and thereby promote a high quality of life, preserve property values, and promote sustainable economic development by limiting development that would reduce their visual integrity and to ensure that development does not block observation of a scenic view from delineated public viewing places.

Applicability. These view protection standards and guidelines shall apply to all development within the Village subject to site plan review.

View analysis.

Standards.

Legislative intent; authority. The Village of Dobbs Ferry finds that trees contribute in many ways to the health, safety and general welfare of all Dobbs Ferry citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to riparian habitat, wildlife, energy conservation and the ecology of the area. Trees protect surface water quality, provide shade, offer windbreaks, reduce soil erosion and flooding, offer a natural barrier to noise and enhance the beauty and appearance of the Village. Conversely, indiscriminate and excessive cutting of trees and damage to trees can result in barren and unsightly conditions, increase surface drainage problems, increase municipal expense to control drainage, and impair the stability and value of developed and undeveloped property. Section 96-b of the General Municipal Law specifically empowers municipalities to provide for the protection and conservation of trees and related vegetation. The Village, having been given the authority pursuant to the Municipal Home Rule Law to amend or supersede provisions of state law relating to its property and affairs of government, intends by this section to promote the preservation of a healthy tree population throughout the community by means consistent with the reasonable use of private property. The Board of Trustees hereby amends the Village Code pursuant to the power vested in the Municipal Home Rule Law as follows.

Tree protection requirements.

Tree removal requirements.

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

Promote maintenance, reuse and rehabilitation of existing buildings;

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the community as a whole; and

Encourage the eventual elimination of nonconforming uses over time.

Nonconformities must be maintained to be safe and in good repair. Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted, consistent with all permit or approval requirements of this chapter.

A nonconforming building or portion of a building may be restored when destroyed by fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

A nonconforming use may be continued in a restored building or portion of a building destroyed by accidental fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

Nothing in this chapter will prevent the structural strengthening or restoring to a safe condition of any building, structure or component thereof declared unsafe by the Building Inspector.

The alteration, enlargement or extension of a nonconforming use must be approved pursuant to a special permit issued by the Zoning Board of Appeals.

The alteration, enlargement or extension of a building that is nonconforming only with respect to dimensional standards as specified in Appendix B, Dimensional Tables,[1] shall not require a special permit, so long as the alteration, enlargement or extension conforms to all the requirements of this chapter.

Any nonconforming use that is abandoned for a period of 12 consecutive months shall not thereafter be resumed.

Any nonconforming use that is intentionally reduced in number, character or extent for a period of 12 consecutive months may thereafter be continued only to the extent of the nonconformity remaining after such reduction.

An owner aggrieved by a determination by the Land Use Officer that a use has been abandoned, discontinued or reduced may request an appeal of that decision to the Zoning Board of Appeals for good cause.

New development. Unless otherwise expressly stated, the parking standards of this section apply to all new development.

Expansions and increases in building size or density.

Change of use.

All off-street parking areas and driveways, except those serving one-family houses, must be constructed with a suitably paved surface. Both impervious paving and pervious paving, such as pavers, pervious asphalt, and similar surfaces which allow some percolation of stormwater may be permitted. Loose gravel is not permitted except in OF Zones.

The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles or the major repair of vehicles in public and private parking lots is prohibited.

Except for the purpose of making local deliveries or pickups, vehicles other than passenger vehicles and one light-weight van which could be registered as a passenger vehicle may not be parked or stored in any residential zoning district.

All required parking spaces shall be suitably drained. No required parking space or loading space shall exceed a grade of 5%, unless specifically permitted by the Planning Board.

No required parking spaces except in OF Districts shall be nearer than 10 feet to:

Except for on-street parking that is permitted to satisfy parking requirements, no off-street parking spaces shall be located within a public right-of-way.

Any parking lot adjacent to a residential zoning district shall provide:

The maintenance of screening, landscaping and paving may be required by the approving authority, including the posting of a maintenance bond or cash deposit in an amount determined by the Land Use Officer and in a form acceptable to the Village Attorney, as a condition of site plan approval.

Location. Off-street parking spaces must be located on the same lot as the use served except as allowed in Subsection H, Alternative parking requirements, below. Where practicable, parking should be located behind the front facade of the principal building on a lot.

Parking dimensions. Each off-street parking space for nonresidential use shall measure a minimum of nine feet in width by 18 feet in length. Each off-street parking space for residential use shall measure a minimum of eight feet six inches in width by 18 feet in length. Accessible parking spaces shall meet standards of the Americans with Disabilities Act.

Parking aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below, with varying aisle widths based on the angle of the parking stalls and the direction of traffic on the aisles.

Screening devices. Any surface parking visible from a public street shall be screened by a thirty-inch- to forty-eight-inch-tall screening device. For the purposes of this section, "screening device" shall mean a continuous masonry wall constructed of brick, stone or split-face concrete block; a combination masonry pier and decorative iron railing; other durable and decorative screening device that is consistent with the materials of the building facade (such as concrete or stucco); a solid, evergreen hedge; or a combination of the above. Chain link, wood or vinyl picket fencing are not appropriate screening devices.

Paving materials for parking areas must be distinct from the paving material used for an adjacent sidewalk.

Purpose. Parking lot landscaping is intended to break up expanses of pavement, create shade, buffer views of parking lots from adjacent streets and buildings, and enhance the overall appearance of development projects.

Applicability. All parking lots with 12 or more parking spaces in total or eight or more spaces in a single row shall be subject to the requirements of this section.

Perimeter landscaping.

Interior landscaping. All parking areas subject to this subsection shall include interior landscaping according to the following standards:

Purpose. The minimum parking standards are intended to lead to the creation of enough off-street parking to accommodate most of the demand for parking generated by the range of uses on a site, particularly in areas where sufficient on-street parking is not available. They are also intended to lead to the creation of enough parking on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods.

Uses subject to special permit. The actual amount of parking required for any use subject to special permit shall be established by the Planning Board and the decisionmaking body for the application.

Rules for computing minimum parking requirements.

On-street parking. At the discretion of the Planning Board, the minimum required parking spaces required by Table C-1 may be reduced by one space for every 25 feet of linear building frontage abutting a public right-of-way (not including alleys) with legal on-street parking. A fractional space of 0.6 or greater shall equal a single public parking space.

Cooperative parking. Cooperative parking represents an arrangement in which two or more uses provide their required off-street parking in the same parking lot, thereby reducing the number of individual parking lots and the number of curb cuts required to serve such lots. Reduced off-street parking requirements are available as an incentive for providing cooperative parking, and cooperative parking may be necessitated in some instances when new curb cuts are prohibited by other provisions of this chapter.

Shared parking. Shared parking represents an arrangement in which two or more uses located on the same property with different peak parking demands (hours of operation) use the same off-street parking spaces to meet their off-street parking requirements.

Payment in lieu of parking (PILOP) program. A payment in lieu of parking for development located within the Downtown Business (DB), Downtown Transition (DT), Downtown Gateway (DG). Mixed Density Residential 1(MDR-1). Mixed Density Residential 2 (MDR-2). and Broadway (B) zoning districts may be accepted by the Board of Trustees to satisfy the off-street parking requirement as long as the following standards are met:

Required parking in Downtown Business (DB), Downtown Transition (DT), Downtown Gateway (DG), Mixed Density Residential 1 (MDR-1), Mixed Density Residential 2 (MDR-2), and Broadway (B).

Electric vehicle charging stations.

Permit required. Except as specifically exempted in Subsection C below, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a sign permit from the Land Use Officer pursuant to the results of review by the Architectural and Historic Review Board, along with any other reviews required by this chapter.

Consistency with Village character and building design.

Advertisements. No person, firm or corporation shall hang, place or cause to be placed any advertisement, placard or other notice (except legal notices), or paint or cause to be painted any advertisement or notice, on any post, pole, tree, fence or any other object in any public street, sidewalk or area in the Village, except by permission granted by the Board of Trustees. Such permission, if granted, shall be under such conditions as may be required by the Board of Trustees in each particular case.

Signs on public property. Except where otherwise noted, no sign may be placed on public property by anyone other than the Village itself without permission from the Village.

Exterior lights (dark skies). Exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at the property lines and disabling glare at any location on or off the property.

Sign maintenance. All signs, together with all supports, braces, hoods, guys and anchors, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a safe and clean, neat and orderly appearance. The period for correction of disrepair shall not exceed 10 days from the date a notice of violation is issued to the violator by the Land Use Officer.

Sign removal. The Village of Dobbs Ferry may, with 30 days' prior written notice to the property and/or sign owner(s), remove sign(s) that are in violation of this section without further notice or further proceedings at the expense of the property and/or sign owner. The expense may be recovered by the Village in an action pursuant to this chapter that shall be instituted in the appropriate court having jurisdiction over this matter.

Removal of abandoned signs. Abandoned signs must be removed by the business or property owner within 30 days after written notice has been received from the Land Use Officer.

Political signs.

All historical markers, tablets, 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 bodies, religious or nonprofit organizations shall not exceed six square feet.

Nonilluminated warning, private drive, posted or "no trespassing" signs or the like that do not exceed two square feet.

Number and nameplates identifying residents by name, or residences by number, mounted on a house, apartment or mailbox, that do not exceed two square feet in area.

Temporary signs for garage or tag sales that do not exceed four square feet in area and which may only be displayed between the hours of 7:00 a.m. and 7:00 p.m. on the day(s) of the event. Such signs shall be promptly removed at the end of the sale.

"Open house" and "for sale" signs.

Directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally or externally illuminated.

Off-premises signs;

Signs located in windows above the first story of a building;

Roof signs;

Signs on side walls of midblock buildings;

Illuminated signs that cause glare on an adjacent property;

Freestanding signs, except in the DG and CP Districts;

Animated signs;

Illuminated flashing signs;

Inflated signs;

Tethered balloons;

Signs incorporating projected images;

Signs that emit smoke, vapors or particles, sound or colors; and

Signs located in or projecting over a roadway except those erected by a governmental body.

Nonconforming signs may not be altered or replaced unless the alteration or replacement brings the sign(s) into conformity with this chapter. A change of text or lettering shall not constitute an alteration according to this provision, but does require review and approval from the Architectural and Historic Review Board.

Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) must be brought into compliance with all the provisions of this article. No lawfully preexisting, nonconforming sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more.

OF and MDR-1 Districts: four square feet.

MDR-2, MDR-H, B and MF Districts: 16 square feet.

EI, WF-A, WF-B, DT and DB Districts: 100 square feet, except the maximum allowable gross surface area for a sign shall be 48 square feet per face, and the maximum gross surface area for a wall sign shall be 48 square feet.

DG and CP Districts: The aggregate area of signs shall not exceed a maximum of one square foot for each lineal foot of building frontage. No single sign, however, shall exceed a gross surface area of 200 square feet.

Except in the DG and CP Districts, the maximum vertical height of any sign affixed to a building facade shall not exceed 24 inches. The maximum horizontal length of any sign shall not generally exceed 25 feet on any street frontage for the same business or otherwise exceed 100% of the street frontage of the building upon which such sign is erected or maintained.

Projecting signs and all irregularly shaped three-dimensional signs, including circular, oval, square or representational signs may not exceed a total sign area of nine square feet per side when viewed from any angle. In addition, such signs may not project more than 36 inches from the building facade and must not be less than seven feet from the ground.

Except in the DG and CP Districts, the maximum overall height of individual lines of letter groups (including upper- and lowercase letters) shall be 14 inches. Where there is more than one line of letters and/or graphic symbols, the combined height of letters and symbols shall generally not exceed 22 inches, including the space between the lines.

Where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this area. Such provisions in the existing building facade may be a justification in the opinion of the Architectural and Historic Review Board to approve a sign exceeding the maximum dimensions as stated above.

Signs in or on street level windows shall not exceed 30% of the glass area or window in which they are displayed.

The Architectural and Historic Review Board shall have the authority to approve signs that vary from the dimensions stated above when evidence is provided of historical signs on the same premises in the past. This authority, however, shall not obligate the approval of said signs, if in the opinion of the Architectural and Historic Review Board such a historical sign would not be in the general interests of the community.

Temporary signs are subject to an abbreviated sign application, which shall include the purpose of the temporary sign(s); a description of the location and dimensions of the proposed temporary signs; the proposed duration and a signed statement affirming that the sign(s) will not violate the number, dimension and placement restrictions set forth in Subsections F and G above; and that the sign(s) will be removed within the time period specified in the permit.

Temporary signs that remain after the time limit noted on the permit may be removed by the Land Use Officer after written notice to the permit holder. Failure of the permit holder to comply within 10 business days of receipt of the notice will allow the Land Use Officer to remove the sign(s).

No temporary sign permit will be granted for more than 30 days.

No more than four temporary sign permits will be granted to a business in each calendar year.

Temporary sign permits will not be granted within 30 days of the expiration of the most recently granted temporary sign permit.

Temporary signs alone and or when combined with permanent signs shall not exceed 30% of the glass area or window in which they are displayed.

Temporary sign(s) shall not exceed more than one such sign per 20 linear feet of the principal store frontage with a maximum of four such signs per facade at any one time.

A-frame or sandwich board signs, while not considered temporary signs, shall count towards the maximum number of signs permitted for a property.

Directory signs for off-street shopping plazas are permitted. Each business within the plaza/building may have a sign within the directory. The signs shall be of equal size and shape, and each sign shall not exceed three square feet in sign area. The total area for the sign directory shall not exceed 75 square feet.

Directory signs for buildings housing multiple businesses or professional offices are permitted. A sign directory shall be an attached sign. Each business within the building may have a sign within the directory. The signs shall be of equal size and shape, and each sign shall not exceed one square foot in sign area. The total area for the sign directory shall not exceed 20 square feet.

When a directory sign is erected, it shall be the one principal flat sign.

Signs externally illuminated by an enclosed source, with the exception of neon, shall be allowed subject to the number, dimension, placement and permit provisions of Article II of this chapter.

Enclosed light sources shall be shielded or screened in a manner not to be seen by passersby from a normal viewing angle, including residences, businesses and pedestrian foot traffic.

Light sources, other than neon, shall be limited to natural white incandescent or fluorescent lamps and light fixtures and shall be designed to cause a reasonably uniform distribution of light over the full extent of the sign.

Externally illuminated signs may not create more than five footcandles measured at any seven-foot distance from the sign.

Internally illuminated sign boxes are not permitted.

Stencil cut signs with only the letters emitting illumination are permitted in the DB, DT, DG and CP Districts.

Individually illuminated letters are permitted in the DB, DT, DG and CP Districts.

Internally illuminated signs may not emit more than five footcandles measured at any seven-foot distance from the sign.

Awnings and awning signs may be illuminated only by external enclosed sources.

The awning, including the operating mechanism and its enclosure, shall be designed, fabricated and installed to conform to the shape and dimensions of window and doorway openings. Waterfall-style awnings are generally prohibited. Awnings shall be related to windows and doors and shall not cover the solid wall surface or architectural features of the building facade. Overlap of the awning onto adjoining building surfaces where required by the particular characteristics of the building facade will be limited to six inches.

Awning material shall be of fabric or other soft materials, including canvas duck or vinyl-coated canvas. The use of metal, plastic or other rigid materials shall not be allowed. The rigid awning structure, including operating arms and braces, shall be fully concealed from view.

Awnings shall meet the following dimensional standards:

Lettering on awnings shall meet the following standards:

In nonresidential zoning districts, an awning may project beyond the property line of a lot into a public sidewalk only if:

The Village of Dobbs Ferry finds that the existence of trees within the Village makes a fundamental contribution to the health, safety and general welfare of Dobbs Ferry citizens and the community at large. Trees, in addition to their aesthetic benefits, are essential to riparian habitat, wildlife, energy conservation, temperature moderation and the healthy ecology of the area; trees help improve air quality and reduce global warming. These benefits to the community and environment increase as trees mature. Maturation of trees protects surface water quality, provides shade, offers windbreaks, controls water pollution by reducing soil erosion and flooding, offers a natural barrier to noise, yields advantageous microclimates and fundamental ecological systems. Trees, together with shrubs, contribute to property values of residential and commercial establishments, and preserve and enhance the natural beauty and appearance of the Village and its historic, non-urban character.

Our community's investment in its tree resources has accrued over many years. This investment can be rapidly squandered by indiscriminate damage to and destruction of trees, especially mature and/or specimen trees and shrubs. Unregulated destruction of trees and unacceptable pruning practices cause barren and unsightly conditions, increase municipal expense to control drainage and soil erosion problems, impair the stability and value of developed and undeveloped property and negatively impact the health, safety, environment, ecosystems and general welfare of the inhabitants of the Village of Dobbs Ferry.

The Village hereby establishes policies, regulations and standards necessary to ensure that the community will continue to realize the benefits provided by our trees. The provisions of this section are enacted to:

Removal of any tree not regulated by this section.

Removal of a downed tree.

Routine pruning or trimming of a tree to maintain health and natural habit.

Removal of any tree that has been found to be dead, dying, insect-infested or otherwise hazardous as determined in writing on business letterhead of a certified arborist and submitted to the Building Inspector.

Protected trees presenting an unacceptable risk to the person or property of the owner, to the public, to public property or to the person or property of an adjoining property owner. A tree risk assessment should be performed and documented by a certified arborist. Circumstances must be such that defects cannot be remedied by reasonable pruning or cabling of the tree.

Removal of a protected tree without a permit.

Clearcutting.

Destructive pruning practices.

Girdling or partial girdling or other significant bark damage.

Compaction of CRZ due to construction or other activity. Disallowed activity within the CRZ includes: traversal, access or parking by construction vehicles; manual construction activities excluding landscaping (unless specifically authorized by an approved site development plan); excavation and stockpiling of materials.

Installation of impervious surfaces over more than 25% of root zone.

Severing or trenching through more than 25% of the root zone.

Grade change exceeding three inches within the CRZ.

Poisoning or application of chemicals causing a failure to thrive.

Protected tree. No person, firm or corporation shall purposely, carelessly or negligently cut down any protected tree or take any action that will result in the cutting down of any protected tree unless a tree removal permit is obtained, as provided in this section.

Clearcutting. A TR permit application is required if an aggregate of five or more trees (as defined in this section, six inches or more DBH) are being removed on any single lot within any given twelve-month period.

Notwithstanding any other provision of this section, where protected tree or clearcutting removal is proposed in connection with any site plan or subdivision application submitted to the Planning Board or Village Board for approval, protected trees may be removed from the affected property only in conjunction with and subsequent to the approval of a final subdivision plat or final site development plan and are subject to the requirements of § 300-51I, Tree valuation.

Permits for the removal of protected trees may be granted if the protected trees are healthy but cause undue hardship by substantially interfering with a permitted and intended use of the property. No report from a certified arborist is required for a healthy tree. However, the applicant should supply a description of the intended use and why the protected trees present an undue hardship.

A replanting agreement for the replacement of 50% of the total aggregate diameter of trees proposed for removal as regulated under this section with new trees or other appropriate vegetation such as shrubs in accordance with tree valuation criteria (see §§ 300-51I, Tree valuation) is required for any tree removal permit.

Applications for tree removal permits shall be filed with the Building Department which shall review them and when determined as complete shall be referred to the TC for its review. The TC has the authority to request additional information deemed to be necessary to rendering its decision.

TR applications must be made in writing according to rules and regulations set forth by the Building Department. A permit and escrow fee shall be established by resolution and adjusted from time to time by the Board of Trustees and included in the Fee Schedule in accordance with Chapter 175. The permit fee shall be remitted with the application.

Tree removal plan indicating the trees that are proposed to be removed.

A landscape plan showing the locations, quantities, species, varieties and sizes of trees and/or shrubs to be planted. The plan may also include the locations of existing trees and other landscape features per the requirements of § 300-51I, Tree valuation, must also be attached to the application.

The TR application shall contain an acknowledgement by the property owner that members of the TC may require access to the property to inspect protected trees. Advanced notification of inspection visits will be provided unless specifically waived by the property owner. TC members may be accompanied by a certified arborist and other consultants and photos may be taken for purposes of site documentation.

The TC shall document any decision and comments on an application for TR permit in writing, a copy of which will be provided to the property owner by the Building Department.

If the TC approves the permit, in addition to the written decision of the TC, the Building Department will issue both the permit and a permit sign for public posting on the site at a location clearly visible from the street. The sign must be posted at least three days before tree removal begins. Permits must be available on site for presentation to Building Inspector, code enforcement officer or other enforcement officer upon request while the removal is in progress. The tree must be tagged with a clearly visible ribbon or blaze during the period of notice.

Applicant will be required to sign the replacement agreement upon receipt of the TR permit.

Tree removal permits expire upon the expiration of six calendar months after the approval date.

The provisions of § 300-51G above shall not apply for the removal of a hazardous tree under the following emergency procedure:

Removal of a protected tree without adherence to the emergency procedure shall be a violation of this section.

The emergency procedure will be waived:

In the case of nonviolation conditions, "tree valuation" is defined as "equivalent diameter inches," i.e., a twenty-inch DBH tree would be deemed equivalent to up to twenty-inch-caliper of replacement trees.

In connection with all tree permits, subdivision, and site plan applications, the project shall meet the minimum requirement of the replacement of 50% of the total aggregate diameter of trees proposed for removal with new trees in accordance with the approved plan for tree replacement. Tree replacement shall be required on site unless the approving authority determines that, because of site constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, the approving authority may consider payment of a fee in lieu of planting into the Village Tree Fund to satisfy the unmet portion of the tree replacement requirement.

Public protected trees may be removed only by a Village employee, or by a firm or individual retained or duly authorized by the Village. Removal of or damage to a public protected tree by any other person, firm or corporation is a violation of this section.

A TC application is not required for the Village to remove a public protected tree, but a recommendation to the Village Board from the TC is required. Information such as an arborist report and any test results leading to the Village's decision for tree removal shall be made available upon request. Documentation of public protected trees that have been removed shall be forwarded to the TC.

In the case of tree removal as a part of utility distribution line vegetation management, performed by the utility company's contractors, TC applications and permit signs are not required. A list of trees slated for removal by the utility shall be submitted to the Building Department with a copy forwarded to the TC before tree removal begins.

Penalties. In addition to any penalty or fine provisions elsewhere in the Code, including § 300-29D(8), and any available remedy at law or equity, any person or entity removing or causing the removal of one or more protected trees without first obtaining the required tree removal permit, or causing significant or irreparable damage to a protected tree, or otherwise violating this section shall be subject to penalties including:

Upon receipt, such penalty amounts shall be deposited into the special purpose fund as established herein known as the Tree Fund to be used at the discretion of the Village Board of Trustees to promote the intent and purpose of this section. The Board of Trustees may request from, and/or consider a written recommendation initiated by the TC as to the use of said funds.

Any person or entity violating the tree provisions in this section may be required to enter into a binding and enforceable restoration agreement with the Village in addition to any other penalties or fines associated with the violation. The Village Administrator is authorized to execute such agreement on behalf of the Village.

Applicants may appeal any final decision of the Tree Commission, in writing, to the Zoning Board of Appeals. Such written appeal is to be filed with the Building Department. Said appeal shall state specifically the location of the trees in relation to roads, structures and adjoining properties and shall further state the reasons why the permit application should have been decided differently. The appeal should refer to the criteria for granting permits noted in Subsection XX above. The ZBA may engage with one or more consultants, the costs for which shall be borne by the appealing party in accordance with escrow procedures established by this Code.

Appeal of decisions as to tree removal and restoration by the Board of Trustees and Planning Board shall be made according to the standard appeal provisions for those boards and approval processes.