Industrial wastes. No solid, liquid, chemical, industrial or gaseous wastes or substances shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground or into the air, except in accordance with the standards approved by the New York State Department of Health and Environmental Conservation or a similarly empowered agency.

Fire and explosion 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 explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry.

Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is situated or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

A side or rear yard in a B-1 or B-2 District adjacent to a residential district or an apartment in an RM District adjacent to a R-50 or R-100 District shall have a minimum width or depth of 20 feet, which shall be landscaped and free of pavement, and that part nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground level at the time of planting and set in a double staggered row, spaced eight feet apart in each row, and shall be properly maintained to afford an effective screen between the two districts. In a B-2 District, no parking shall be permitted within 10 feet of a street line.

Where a plot on which is located an industrial use or parking area for an industrial use abuts a residential use in any residential district or PAD District, a landscaped buffers area 100 feet in width, exclusive of paved areas, shall be required along the side and rear lot lines which abut said residential use. That part nearest the residential district or use shall be planted with a mix of tall and understory trees and low shrubs. The Planning Board will review the landscaping for its ability to screen the site and to provide an attractive buffer area.

Each principal building shall have uninterrupted frontage upon a street or court; if said frontage is upon a court, the least dimension of said court shall be not less than twice the average height of the opposite bounding walls.

If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than twice the average height of the opposite bounding walls.

The side of a principal building, if opposite the side of another principal building, shall be separated therefrom by a distance not less than the average height of the opposite bounding walls.

There shall be provided on the townhouse or apartment building site usable open space at the rate of 700 square feet per dwelling unit. For every dwelling unit containing three or more rooms, there shall be provided usable open space for an outdoor play area for children at the rate of 100 square feet per dwelling unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or home association and may be suitably fenced or screen planted. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.

The required lot area per dwelling unit shall be 2,500 square feet.

Apartment dwelling units containing two or more bedrooms shall not exceed 70% of the total number of units in an apartment complex located on a single lot.

Fire-retardant walls constructed of cinder block or similar material approved by the Planning Board shall be used to fully separate all dwelling units in townhouses and apartment buildings. Such walls shall extend the full height of said structure.

Standards. Minimum habitable dwelling space for all types of dwelling units shall be subject to Column 8 of the Schedule of District Regulations.[1]

Additions. An addition to an existing dwelling shall be permitted even though the addition does not increase the habitable dwelling space or floor area to meet the minimum habitable dwelling space requirements of the Village of Harriman.

Measurement of habitable dwelling space. Habitable dwelling space shall be calculated in floor area and shall be subject to the following restrictions:

Permit required; restrictions.

Rules and regulations.

Standards for issuance of permit. The following standards shall apply:

Survey. Each application shall be supported by a survey or other drawing depicting the location of the proposed seating and other facilities or suitable scale drawing.

Owner endorsement. Each application to the Village Board of Trustees shall contain the authorization of the property owner who or which shall be liable for any review fees incurred by the Village in connection with the processing of the application not limited to but including engineer and attorney fees incurred by the Village.

Fee. The annual fee for processing the application to the Village Board of Trustees for an outdoor cafe permit shall be $75.

Liability of permit holder; insurance. The person or persons to whom a permit for a sidewalk cafe is issued shall be liable and shall indemnify the Village for any loss, damage or injury sustained by a person or persons to whom the permit shall have been issued. The applicant for a permit shall present to the Village a certificate of insurance, naming the Village of Harriman as an additional insured, prior to the issuance of the permit, in the amounts for liability insurance of not less than $1,000,000 for each person, and $1,000,000 for each accident and for property damages in an amount not less than $250,000 with an aggregate of $500,000 for each injury.

Revocation or suspension of permit. The Building Inspector's office and the Police Department shall be responsible for monitoring compliance with the terms of this section and applicable rules and regulations. The Board of Trustees and/or Building Inspector shall have the authority to revoke or suspend a permit upon the finding of a violation of any applicable rule, regulation, ordinance, local law or statute or upon good cause shown.

Appeal from denial, revocation or issuance of permit. Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Zoning Board of Appeals (ZBA) by any aggrieved person within 30 days from the date of the issuance, denial or revocation by filing a written notice with the Board on forms prescribed by the Board.

Suspension pending hearing. The Building Inspector shall have the authority to suspend any permit for a pending hearing where public safety, in the judgment of the Building Inspector, is imperiled. The notice of suspension shall recite sufficient facts relevant thereto to provide the licensee with notice.

Notification of permit application; issuance; posting. Upon receipt of a permit application, the Board of Trustees shall send a copy of the application to the Building Inspector and Police Chief. Comments and recommendations shall be accepted for a period of 14 days from the date of distribution. Notice of permit issuance, with any conditions or restrictions attached, will be similarly distributed. The permit holder shall post the permit upon issuance on the establishment so that it is visible from the street and shall keep the same posted for the term of the permit.

Trash; maintenance of premises. Property shall be cleaned and kept refuse-free, and no large containers for trash shall be placed on the cafe premises. At the expiration of the term of the permit, all Village-owned property shall be restored to its original condition prior to the commencement of the cafe permit. Public property shall not be altered in any way during the term of the permit.

Hours of operation.

Music, lighting and outdoor cooking.

Penalties for offenses.

Permits; term; renewals. Permits issued by the Village Board of Trustees may be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on December 31.