Accessory buildings. An accessory building may be located in a required side or rear yard, subject to the requirements of § 360-3.2E.

Incidental architectural features. Cornices, cantilevered roofs, eaves, canopies, sunshades, gutters, window wells, chimneys, belt courses, headers, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into any required yard.

Fences, walls or hedges. Fences or walls may only project into a required yard in accordance with the requirements of § 360-4.9.

Terraces, steps and walks. 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 may project into a required yard when the building otherwise complies with the regulations of this section. In computing the average front setback, the presence of such entries and porticos shall be ignored.

Average front setbacks. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of the two adjacent existing dwellings if they are located within 100 feet on each side of the said proposed dwelling, on the same side of the street and within the same block and the same zoning district.

Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smoke stacks, derricks, flagpoles, radio towers, masts and aerials, which shall not be used for human occupancy.

Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers or cooling towers, air-conditioning or heating equipment, provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve, the total area covered by such features shall not exceed 10% of the horizontal area of the roof on which they are located and such features shall be grouped in no more than two locations on the roof, and provided that no such structures or appurtenances shall be used for sleeping or housekeeping purposes or for any commercial purposes.

Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.

Solar energy collectors, provided that such systems shall be erected only to the height necessary to accomplish the purpose they are intended to serve.

Any attic space with a floor-to-ceiling height of less than seven feet.

Cellar and basement areas as defined in the Village Code and storage areas with the exception of habitable space.

Any areas or structures devoted to accessory off-street parking or loading.

Mechanical and utility rooms such as trash rooms, electrical rooms, boiler rooms, emergency generator rooms and similar spaces for the operation of the building, but in-dwelling unit mechanical spaces are not excluded.

Unenclosed porches, terraces, porticos and balconies.

Elevator and stair rooftop bulkheads.

Slopes of greater than 25%;

Views to the Hudson River and within other significant view corridors;

Mature trees, specimen trees and significant stands of trees and vegetation;

Floodplains, watercourses and natural drainageways;

Wetlands;

Historic, cultural or archeological sites, buildings or areas recognized by the Village or another government agency as significant; and

Other significant and/or unique features.

No building or structure shall be erected, altered, enlarged or moved in the district unless approved in accordance with the provisions of this section.

Every application to permit the erection or exterior alteration of a building or structure in a View Protection Overlay District shall be referred by the Building Inspector per the requirements of § 360-5.7. Following a review and recommendation by the Architectural Review Board, the Planning Board shall also consider, in addition to the usual site plan elements, the best siting, dimensions and configuration of principal and accessory structures so as to cause the least possible obstruction of the view of the Hudson River for neighboring properties and adjacent public property and rights-of-way.

To preserve an important attribute of the Village, by encouraging owners of existing developed lands, and developers of lands, to save or replace as many native and mature tree species as possible when making improvements to real property;

To control and regulate indiscriminate and excessive removal, cutting and destruction of trees in order to regulate and prevent conditions which result in increased surface runoff, soil erosion and decreased soil fertility;

To maintain the stability and value of real property by preserving existing woodland aesthetics;

To ensure the continued maintenance of landscaping in accordance with site plan or subdivision plan approvals, or in accordance with the regulations contained herein;

To help reduce the adverse impacts associated with vehicular noise and emissions resulting from the high volumes of traffic on the New York State Thruway which passes through the Village;

To encourage close attention to the Village's designation as a critical environmental area; and

To comply with the requirements of the 2003 EPA Stormwater Phase II of the Clean Water Act by identifying trees as "green infrastructure" and accounting for the water cleaning function they provide, and including their protection as part of the Village's Stormwater Management Plan in Chapter 295 and in § 360-4.12.

Prohibited activities. Except as permitted herein, no person or entity shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately or publicly owned property within the Village of Nyack:

Permitted activities. Notwithstanding the restrictions of Subsection C(2)(a) above, Prohibited activities, the following activities shall be permitted:

Exceptions. Upon written application to the Planning Board, the Board may, by resolution, grant an exception from any of the requirements of this chapter as may be reasonable and within the purposes and intent of this chapter if the enforcement of one or more of the provisions is impractical or will exact undue hardship because of specific conditions pertaining to the property in question, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood. The Planning Board may grant an exception from this chapter where the significant trees are to be removed in accordance with a landscaping plan approved as part of a subdivision or site plan application.

Where the Building Inspector determines that any person violates or refuses to comply with this chapter, that person shall be subject to a fine not to exceed $2,500, per offense, upon conviction. Each significant tree cut, destroyed or removed shall constitute a single offense.

Any person convicted of violating this chapter shall also be referred to the Planning Board for the purpose of presenting a tree remediation plan, showing the existing and proposed landscaping conditions on the premises in question, and which shall be designed to mitigate the effects of the offense. The Planning Board may require such remedial or protective measures to be undertaken as may be necessary to protect the balance of the original landscaping status of the premises in question, such as, but not limited to, the use of snow fencing, chain link fencing, or other protective measures, including replacement of trees destroyed or removed.

In addition to any other penalty, the violator shall be required to replace, in kind, each and every significant tree removed, cut or destroyed in violation of this chapter. If a significant tree was so large and mature as to be deemed irreplaceable by the Planning Board, the Planning Board may require the planting of multiple significant trees instead, based on the sole determination of the Planning Board on the number, species and size of significant trees necessary to meet the objectives of this chapter. All significant trees required in satisfaction of the provisions of this subsection shall be guaranteed in full by a nursery and installer for a period of no less than one year from the date of installation; or the violator shall place a dollar amount equal to the cost of purchase and installation of the significant trees required in satisfaction of the provision of this subsection in escrow for a period of one year from the date of installation for use by the Village of Nyack in the event that the significant trees do not survive. If before one year from the date of installation it is the opinion of the Building Inspector, a licensed landscape architect or a tree professional recognized by the Village of Nyack that any significant tree required by the provision of this subsection is dead, diseased or otherwise unhealthy to the extent that its imminent death in the sole judgment of said Building Inspector, landscape architect or tree professional is of reasonable certainty, such significant tree shall be replaced, in kind, by the guaranteeing nursery and installer or such significant tree may be replaced at the discretion of the Village of Nyack Board of Trustees using funds placed in escrow. No certificate of occupancy shall be issued for new construction on the lot or lots in contiguous ownership on which occurred any violation of this chapter unless and until the provisions of this subsection have been complied with.

Where a significant tree that is cut, removed or destroyed in violation of this chapter is located within a conservation easement required by the Planning Board as a condition of subdivision or site plan approval, fines may be doubled by the Planning Board.

Where a person is convicted of violating this chapter, and the prohibited activity upon which the conviction is based involved a tree, shrub, hedge or plant shown or described to remain or be planted on a proposed or approved planting plan, landscape plan, site plan, subdivision plan or a plan approved by the Planning Board or Zoning Board of Appeals, then no further action may be taken by the Planning Board or Zoning Board of Appeals on the lot or lots upon which the violation occurred for a period of one year from the date of conviction.

Whenever the Building Inspector observes any activity in violation of this chapter, the Building Inspector shall notify the property owner, owner's agent or the person performing the work to suspend and halt work. Such direction by the Building Inspector (a stop-work order) shall be in writing and delivered to the owner, or the owner's agent, or the person performing the work or affixed to the site. Such stop-work order shall state the reasons therefor and the conditions under which work may resume.

Promote safety in the design and construction of developments;

Minimize flooding, landslides and mudslides;

Minimize soil instability, erosion and downstream siltation; and

Preserve the scenic character of hillside areas.

Any customary landscaping, i.e., land maintenance involving tree trimming and pruning, removal of dead or diseased vegetation, lawn and garden care, and planting or laying down of landscape materials, decorative trees, shrubs and plants, not involving regrading or disturbance of existing terrain, provided that any such activities conform to all other applicable laws and regulations.

Emergency situations, as determined by the Village Engineer, where the disturbance of steep slopes is required to protect persons or property from imminent danger.

Nonresidential uses.

Residential uses. The parking standards of this chapter apply whenever additional dwelling units are added to an existing parcel or to a newly created parcel. In all such cases, additional off-street parking is required only to serve the additional dwelling units. Existing off-street parking deficits are not required to be reduced or eliminated when additional dwelling units are added to an existing parcel. However, existing accessory parking may not be reduced to be less than, or if already less than, may not be reduced further below the minimum required parking standards set forth in Table 4-2: Minimum Parking Requirements.[1] The intent of this provision is to ensure both that existing parking deficits in residential buildings are not increased as a result of additions and that existing deficits are not a deterrent to investment in existing properties.

Where a fractional space results, the number of parking spaces required is the closest whole number. A half space will be rounded down.

In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately.

The view of parking areas from all abutting streets must be visually screened by permitted buildings, fences, walls, hedges, or by a combination thereof. Each fence, wall or hedge shall be not less than 2.5 feet in height and not more than four feet in height. This screening requirement is not to be interpreted as prohibiting the installation of or provision for openings reasonably necessary for access drives and walkways.

Where a parking area is located adjacent to a residential use, residential zoning district, clubhouse, community center, place of worship, day care, nursery school, educational use, hospital or public park or open space, the screening requirement shall be met by a combination of building, fence, wall or hedge not less than five feet in height and not more than 6 1/2 feet in height.

Landscaped islands with a minimum width of eight feet and surrounded by a minimum six-inch curb shall be provided to direct the flow of traffic and to provide a place for shade trees to be planted.

At least one tree per 10 spaces shall be provided within the parking lot. No more than 12 contiguous spaces shall be permitted in a row without a landscaped interruption of at least five feet, including curbing.

Additional landscaping, including shrubs and ground cover, may be required by the Planning Board through the site development plan process.

The Village Board of Trustees shall set the fee per space by resolution and may change the fee whenever it deems appropriate to do so. The fee schedule shall be made available at the Building Inspector's office.

The fee payable by an applicant shall be set and paid prior to the issuance of the certificate of occupancy. The fee must be paid in a lump sum or at the discretion of the Building Inspector in installments, and shall not be prorated or refundable should the applicant vacate the premises.

Prior to issuance of the certificate of occupancy, the applicant must deliver to the Building Inspector's office a certified check, payable to the Village of Nyack Parking Authority, in the amount set by the Board of Trustees and determined by the Building Inspector.

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.

Fence height shall be measured from ground level at the fence post to the highest portion of the fence. However, when a fence is erected upon a man-made berm or wall, the height shall be measured from the base of the man-made berm or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.

Barbed wire or similar materials are prohibited.

In the SFR, TFR, MFR, DMU-1, DMU-2, RMU, OMU and WF zoning districts the maximum height of fences, walls and hedges above grade shall be as follows:

Those portions of a fence located in the front yard shall not have more than 60% closed surface. Chain link fences shall not be permitted within a front yard.

When necessary for security purposes, taller fences or hedges may be approved by the Planning Board as part of the site plan review process.

The changing of the advertising or message on an approved sign which is specifically designed for the use of temporary replaceable copy (i.e., a movie marquee or bulletin board).

Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in the graphic presentation on the face of a sign.

One flat wall sign may be erected parallel to the face of the building.

In addition, one projecting wall sign may be erected perpendicular to the building or street. The following limitations shall apply:

Signage in the DMU-1, DMU-2, RMU, OMU and WF Districts shall be designed so that it is visible and informative at the pedestrian scale. The following design standards shall apply:

Signage in the CC, M and H Districts shall be designed so that it is visible and informative at both the automobile and the pedestrian scale. The following design standards shall apply:

Such sign or signs shall be placed so as not to obliterate, conceal or destroy architectural and decorative trim and cornices immediately above first-floor storefronts or on above stories, including at parapets and rooflines, or signs of adjacent buildings or views.

The mountings and installation hardware must be installed in such a way that it does not damage the materials of the building and all practical measure must be taken to conceal the hardware.

Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

In the DMU-1, DMU-2, RMU, OMU, WF and H Districts, where the building is set back from the front lot line a distance of 25 feet or more, not more than one freestanding sign consisting of either a pole sign or a monument sign, with an area of not more than 20 square feet per face, may be erected not nearer than six feet to any building. No such freestanding signs shall encroach on any required yard, except in a motor vehicle service station, and not more than one standard sign may be erected in a required yard for purposes of identification. The maximum height of a pole sign shall be 15 feet and the maximum height of a monument sign shall be four feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

In the CC District, a maximum of one freestanding sign per property consisting of either a pole sign or a monument sign shall be permitted. The maximum sign area shall be 60 square feet per face. A pole sign shall be set back a minimum of 15 feet from a property line except that it shall be back a minimum of 50 feet from any residential use or zone boundary. A monument sign shall be set back a minimum of five feet from any property line. The maximum height of a pole sign shall be 25 feet and the maximum height of a monument sign shall be six feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

In the M and H Districts, a maximum of one monument sign shall be permitted. The maximum sign area shall be 60 square feet per face. The sign shall be set back a minimum of five feet from any property line. The maximum sign height shall be six feet, measured to the topmost portion of the sign above grade. Any building availing itself of a freestanding sign may not erect a perpendicular sign as provided in § 360-4.11E(1)(b).

Sign copy shall be limited to the name of the business, product sold or service provided by and logo of the principal use of the premises.

Flag sign is an advertising sign printed on a fabric flag of non-shiny material and flown from a pole that has a maximum length of six feet and is attached to a building at a minimum height of six feet if the flag is attached to a pole mounted to a building at an angle from horizontal of 45° or greater or 10 feet if the flag is attached to a pole mounted to a building at an angle from horizontal of less than 45°, where the flag has the maximum size of 15 square feet, and is no higher on the building than 12 feet, and is not closer than three feet to the curbline. The flag sign shall not have product advertising, but can have the name and/or logo of the business or advertise that the business is "Open," "Closed," or "Sale." Only two faces are permitted. One flag sign is permitted for each public entrance of a building, with a maximum of one flag sign per business, and shall only be displayed when the business is open. This does not apply to any official national, state or international flag.

A flag sign is permitted in addition to other signs, provided that no specific product advertising is displayed, its design is integrated with other design elements of the building and its signs and it does not damage or hide significant architectural features.

Signs that do not comply shall be removed no later than 24 months after this chapter is enacted.

In no instance may a permanent and temporary interior sign cover more than 15% of the aggregate storefront window area or 36 square feet.

Interior permanent signs that fail to comply with all provisions of this section shall be removed no later than 24 months after this chapter is enacted.

Temporary signs are allowed for up to 30 days without a sign permit. This includes signs for which an application for a permanent sign has been submitted.

A maximum of two temporary interior signs which do not need permits are allowed along with the exceptions below.

Temporary signs shall not overlap, cover or obscure permanent signs.

Contractor signs. One contractor sign per frontage, with a maximum size of four square feet per side, with a maximum of two sides, shall be permitted, provided that such signs are located at ground floor level and shall be erected no more than five days prior to the beginning of construction for which a valid permit has been issued and shall be removed within five days after completion of the project or expiration of the permit, whichever comes first. The sign must include the proper name of the contractor and must list the telephone number of the contractor and of the Building Inspector for complaints.

A temporary sign announcing the anticipated occupancy of a site or building may be permitted for a period not to exceed three months without the Building Inspector's approval. Such sign shall not exceed 24 square feet if it is affixed to a building or wall and not more than 40% of the window area if an interior sign.

Special event, holiday signs and announcement signs may be permitted in DMU-1, DMU-2, RMU, OMU, CC, WF and H Districts without the Building Inspector's approval. These signs may be placed in the window only and may not cover more than 15% of the window area together with other signs. These signs may be put in place four weeks prior to the event and shall be removed within one week of the event.

Real estate sale or rental signs may be permitted as long as the size of such signs does not exceed a maximum of six square feet and no more than one sign per tenancy per frontage at ground level. Such signs shall be subject to permit renewal at six-month intervals.

Temporary signs pertaining to campaigns, drives or events of civic, philanthropic or educational institutions are permitted in DMU-1, DMU-2, RMU, OMU, CC and WF Districts without the Building Inspector's approval for a period not to exceed 15 days. These signs may be placed in the window only and may not exceed six square feet in area. They should not overlap, cover or obscure permanent signs.

Temporary signs that fail to comply with all provisions of this section shall be removed by the effective date of this chapter.

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

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

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

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

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

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

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

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

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

Temporary practices that will be converted to permanent control measures;

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

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

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

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

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

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

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

Condition B: Stormwater runoff from land development activities disturbing 10,000 square feet or more of land during the project with single-family residences exempt from water quality control.

Condition C: Stormwater runoff resulting in a land disturbance greater than one acre and construction activities at agricultural properties.

All information in Subsection B(1) of this section.

Description of each post-construction stormwater management practice.

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

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

Comparison of post development stormwater runoff conditions with predevelopment conditions.

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

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

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

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 260-4.12D of this article.

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this article and Chapter 295, Stormwater Management.

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

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

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

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

New York Standards and Specifications for Erosion and Sediment Control dated 2005, as amended or revised.

The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article and Chapter 295, Stormwater Management. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

For land development activities as defined in § 360-4.12A of this article and meeting Condition A, B or C in § 360-4.12B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article and Chapter 295, Stormwater Management.

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

Discharges from the Stormwater Management Practices (SMPs) shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 360-4.12C(3).

All lots shall have frontage on an improved public street or highway. Any variation from this frontage requirement shall require a variance from the Zoning Board of Appeals. It is a stated purpose of this chapter to prohibit flag-shaped lots, and the Board of Trustees specifically finds that the Village of Nyack has been developed with traditional lots fronting public streets, such that allowing development behind existing structures would change the character of Village streets. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.

Lots must accommodate off-street parking.

Water use: demonstrate facility wisely uses potable water. For example:

Soil depth: conserve water by retaining moisture for plant health.

Plant species: provide appropriate plant species to save water suited to soil depth.

Maintenance.

Development of a construction and demolition waste management plan identifying diversion goals, relevant construction debris and materials to be diverted, implementation protocols and parties responsible for implementing the plan.

Provide a final report detailing all waste streams generated and diversion rates.

At least 50% of nonhazardous construction and demolition debris must be recycled or salvaged.