Where a building permit is sought for any structure on a lot which does not meet the minimum area, yard, setback, horizontal circle or other requirements of this chapter, and where the owner of the lot on which the proposed structure is to be located also owns other lots contiguous thereto, the owner of said lot shall combine such adjacent lots, or as much thereof as may be necessary, with the original lot to make a single conforming lot and shall effectuate said merger pursuant to the provisions of the following subsection.

Any owner of such lots effectuating such a merger or mergers shall be subject to the same procedures, rules and regulations applicable to a subdivision, except that where the Planning Board determines that a proposed lot merger, if approved, would be consistent with the general requirements for subdivision design as set forth in Chapter 219 of the Village Code, is not significant in terms of its potential development impact and will not otherwise hinder or preclude the proper future use of the subject property and surrounding sites, the Planning Board may, by resolution, waive jurisdiction. Such waiver shall be subject to the submission of a final subdivision plat as specified in § 219-21 of the Village Code, in proper form suitable for filing, the payment of a preliminary application fee, the endorsement of waiver by the Mayor, filing of the plat in the office of the Westchester County Clerk and such other conditions as the Village Board may determine to be necessary or appropriate.

No building permit shall be issued for any structure unless the lot upon which the structure is to be built fronts on a street as defined in § 250-2 of the Code of the Village of Rye Brook, which street or highway shall have been suitably improved to the satisfaction of the Village Board or the Planning Board, where applicable, as provided by said law.

No part of any lot which lies between the front lot line and the principal building shall be narrower in width than the required street frontage for the zoning district in which the lot is located.

The Village Board or the Planning Board, where applicable, may reduce the required frontage for the zoning district in which the lot is located to not less than 2/3 where such lot fronts on a turnaround or elsewhere when determined in the public interest.

In calculating minimum required lot area, not more than 10% of the minimum lot area for the district in which the lot is located shall be applied to the minimum lot area requirement where that portion of the lot cannot maintain entirely within the confines of its lot lines a circle that maintains a diameter equal to 1/2 the minimum horizontal circle diameter identified in the Schedule of Regulations[1] for the zoning district in which the lot is located. For the purposes of determining the area to be excluded, a circle with a diameter 1/2 the minimum horizontal circle diameter as described above shall be placed within the lot such that the lot lines shall form tangents at two or more points on the circle, and the shortest possible circle tangent connecting the lot lines shall then be shown on the plan. The area of the lot located on the side of the tangent opposite the horizontal circle may be applied towards meeting the minimum lot area requirement for the district in which the lot is located, provided that in no case shall more than 10% of the minimum lot area requirement be met through the use of such area.

No more than 25% of the minimum lot area of a lot as specified in the Schedule of Regulations[2] may be satisfied by land that is either:

Patio/Terraces. A paved patio or terrace shall be included in the determination of maximum impervious surface coverage. Such patio or terrace may have an open railing not over 38 inches in height and shall not project into any yard to a point closer than six feet to any property line.

Porches. No porch may project into any required yard. All porches shall conform to the setback requirements of the main dwelling and shall be included in the calculation of lot area coverage but not in the gross floor area of the building.

Enclosed porches. All enclosed porches shall conform to the setback requirements of the main dwelling and shall be included in the calculation of lot area coverage and gross floor area of the building. No enclosed porch may project into any required yard.

Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of the windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.

Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of any such projections on any wall do not exceed 1/4 the length of any said wall.

Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escape shall not be closer than four feet at any point to any lot line.

Fences, landscape walls and retaining walls in residential areas.

Accessory buildings. Accessory buildings shall comply with all yard setback requirements, except that a detached accessory building which does not exceed one story nor 15 feet in height may be located in a side or rear yard, provided that no part shall be nearer than five feet to a property line, and further provided that front yard and corner lot side yard setbacks are observed. If any accessory building is attached to a main building, including by means of a breezeway or a roofed passageway with open or latticed sides, it shall comply in all respects to the requirements of this chapter applicable to the main building. Detached accessory buildings shall be at least 12 feet from the main buildings.

Exception for existing alignment of buildings. If on one side of a street within a given block and within 150 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depths specified in the Schedule of Regulations,[4] a front yard shall be required in connection with any new building which shall conform as nearly as practicable with those existing on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 50 feet.

Inner court. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the highest wall forming part of such court.

Outer court. The depths of any outer court shall not exceed 1/2 of its width, and such width shall not be less than 15 feet.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve, and the total area covered by such features shall not exceed 25% of the roof area.

The provisions of this chapter shall not prevent the erection above the building height limit of a parapet wall or cornice, for ornament, and without windows extending above such height limit not more than five feet.

Customary recreation, refreshment or service uses and buildings in any public park, reservation, playground or other public recreational area, incidental to the recreational use of such area.

The excavating of natural materials to permit the constructing of a building on the lot.

The final slope of material in any excavation or pit shall not exceed the normal limiting angle of repose of such material.

Both the base and the top of such slope shall not be nearer than 50 feet to any street line or property line.

A specific plan of the approved excavation shall be prepared and filed with the Village Board.

Will not be objectionable by reason of dust, fumes, smoke or odor or be otherwise detrimental to the public health or safety; and

Will not interfere with drainage to the extent of being injurious to adjacent land or buildings.

Gas compressor station.

Operation of a junkyard.

House trailers, except that one trailer may be parked or stored in an enclosed garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while said trailer is stored.

Any building in the rear of a main building on the same lot and use for residence purposes, except for domestic employees of the owners or tenants of the main building, which employees may lawfully occupy such a building, provided that it shall not be over two stories or 30 feet in height, shall conform to all open space requirements and shall not be within 30 feet of any main building on the lot.

No such structure shall be enlarged or extended unless such structure, enlargement or extension is made to conform to all regulations then in effect for the district in which it is situated or unless such structural alterations, maintenance or repair work is required to keep or return said structure in or to a safe condition.

If, for any reason, any nonconforming use of a structure ceases for any reason for a continuous period of more than six months or is changed to a conforming use, or if the structure in or on which such nonconforming use is conducted or maintained is moved for any distance whatever, then any future use of such structure must conform with the regulations then in effect specified by this chapter for the district in which it is situated.

If any structure in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such structure was located and the subsequent use of any structure thereon must conform to the regulations then in effect specified by this chapter for the district in which such land or structure is situated.

No existing conforming or nonconforming structure or structures on a nonconforming lot shall be reconstructed, nor shall any new structure be constructed on a nonconforming lot, unless such new or reconstructed structure is in conformity with the regulations in this chapter then in effect for the district in which such structure is located, irrespective of the nonconformity of the existing lot.

Additions or alterations to an existing conforming or nonconforming structure on a nonconforming lot shall be permitted as long as the alteration, enlargement or extension is made to conform to all regulations in this chapter then in effect for the district in which such structure is located, irrespective of the nonconformity of the existing lot.

It is the intention of this chapter that all structures and land uses be provided with a sufficient amount of off-street automobile parking to meet the needs of persons employed at or making use of such structures or land uses. No permit for the erection or substantial alteration of a structure or for the development of a land use or for a change of use shall be issued unless off-street parking and loading facilities shall have been laid out in a plan, in accordance with the appropriate requirements for structures and uses set forth in the Schedule of Regulations herewith[9] and approved by the Building Inspector.

Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this subsection shall not be subject to the requirements set forth in the Schedule of Regulations,[10] provided that any parking facilities now existing to serve such structures or uses shall not, in the future, be reduced except where they exceed said requirements, in which case they shall not be reduced below said requirements, in which case they shall not be reduced below the current code requirements. Required parking facilities for such structures or uses as well as for any enlargement or extension shall be provided as a condition for the issuance of any building permit for such enlargement or extension in the future. The Village Board or the Planning Board, where applicable, may, in its discretion, reduce the parking requirements herein set forth upon a showing that the required number of parking spaces would not be necessary at a specific site. Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the uses or structures for which they were originally provided.

Off-street automobile parking facilities shall be provided as follows:

Layout and location of off-street parking facilities.

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use or structure exists that the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses except when dedicated to and accepted by the Village as public parking areas.

No driveway or road to or from any property shall be so located at its juncture with a public highway as to create a danger or menace to the community or to the convenience or proper use of the adjoining property.

Driveway grades shall not exceed 15% from the property line for the entire length of the driveway.

Where a driveway leads to a garage whose floor is below the level of the street and below the level of the ground along both sides of such driveway, a drain of sufficient size, but not less than four inches, shall be installed in front of the garage door(s) and be connected to the storm sewer in the street.

Where a stormwater sewer is not available, the drain shall be connected to a dry well with an earth floor of 40 cubic feet capacity, built of masonry units laid with open joints and capped with flagstone or concrete as the Building Inspector may direct. The dry well shall not be filled with stone, brick or other material.

The types of uses for which special permits are required by this chapter shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to the satisfaction of the requirements and standards set forth herein. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual use.

All applications for special use permits shall be subject to the notification requirements as set forth in § 250-40 of the Code.

Application for required special permits shall be made to the Village Board in electronic file format acceptable to the Building Department in addition to at least eight paper copies, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility. Each such application shall be referred by the Village Board to the Planning Board for report, which report shall be rendered at least 10 days prior to the date of public hearing on such application. The Village Board may, after public notice and hearing, in the same manner as required by law for zoning amendments, authorize the issuance of said permits, provided that it shall find that:

The owner of such property for which a special permit has been issued shall submit to the Village annually, on or before January 10 of each year, demonstration of compliance with the conditions of the special permit. Demonstration shall consist of an affidavit including a list of the conditions of the special permit and a description of how the site or use conforms with such conditions.

The location, size and character of the child day-care center must be in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be detrimental to the value of the property in the neighborhood.

The lot on which such center is operated shall not be less than 0.5 acre in area.

The lot for such use must contain at least 1,000 square feet of suitably fenced rear or side yard play area for each five children or part thereof, and each such play area shall be located not less than 30 feet from any lot line except where the rear or side yard lot line abuts a public street, park or parkway property and not less than 50 feet from any residential structure on any adjoining lot. Such play area shall be suitably screened with planting or other means to avoid a noise nuisance to adjoining properties.

The area used for child-care center purposes inside any building must be on the first floor only and shall not be less than 35 square feet for each child in such child-care center, exclusive of space in cloakrooms, lavatories, storage rooms or hallways. No basement area shall be used for child-care or instructional purposes.

The center shall not have more than 15 children in any case, except if the building is of fireproof or semifireproof construction as defined by the Building Code of the Village of Rye Brook.[13]

The center shall have an off-street dropoff/pickup area capable of storing the maximum number of vehicles simultaneously delivering and/or collecting children from the facility.

Inspections. The Building Inspector shall annually inspect the premises of a child day-care center for compliance with the provisions of § 250-6H(3) or any special permit issued, during regular business hours, and upon receipt of a complaint indicating a possible noncompliance with such provisions, within 10 days after receipt of the complaint. If the owner or operator so requires, at least 24 hours' notice of the inspection shall be given, unless the Building Inspector reasonably considers there are emergency circumstances involved. The foregoing shall not limit any inspections of the New York State Department of Social Services or inspections undertaking with consent or under a warrant.

Revocation. After a hearing held on at least 10 days' notice, a special permit issued for a child day-care center may be revoked for the violation of a provision of § 250-6H(3) or any condition of the special permit affecting the health or safety of children, an unjustified and persistent refusal to permit inspections of the premises or any other circumstances constituting a material threat to the health and safety of children.

The lot used for a bowling alley shall be bordered on all sides contiguous to the boundary of a residential district by a strip of land at least 25 feet in depth and not to be used for the parking of vehicles. Within the twenty-five-foot strip, a compact screen of evergreens, of a height and depth approved by the approval authority, and other plants and shrubs of such character as may also be approved by the approval authority shall be maintained.

Driveway entrances and exits shall be located at least 100 feet from the boundary of a residential district.

A bowling alley and the building so occupied, including the entrances and exits, shall be designed and constructed according to the best standards of soundproofing. On the sides of a building containing bowling alleys, there shall be no windows and no entrance or exit, except a required fire exit shall be permitted to face toward adjoining residential districts.

Exterior spotlighting or other illumination shall be installed so as to eliminate any detrimental effect on adjoining residential districts or to traffic on the streets. No unshaded light sources shall be permitted.

(Reserved)[14]

The approval authority, in granting a special permit, may place limits on the hours of operation of a bowling alley.

Location.

Storage.

Commercial sale of firearms, ammunition and explosives. Every person engaged in the retail business of selling firearms shall post a notice in the place where such firearms are displayed or delivered to the purchaser conspicuously stating, in no smaller than 24-point type and on no smaller than 8 1/2 x 11 paper, stating in bold print the following warning:

Report of theft or loss to Police Department. Any theft or loss of ammunition or firearms from a storage vault, safe storage depository, or otherwise shall be reported immediately to the Police Department of the Village of Rye Brook.

Security, reporting and inspection.

In an R-25, or R-20 District, modifications of required minimum width of lot and of required minimum side yard setbacks correspondingly, provided that no reduction shall exceed 20% of the required minimum for the district in which the lot is located.

In an R-12, R-15 R-20 or R-25 District, modifications of required minimum depth of lot and of required minimum front and rear yard setbacks correspondingly, provided that no reduction shall exceed 20% of the required minimum for the district in which the lot is located.

Sites shall be of at least 10 acres and have at least 500 feet of frontage on an existing street or highway, except that the Village Board may approve plans to subdivide and develop such sites into sites of not less than five acres and with at least 300 feet of street frontage, except that any lot less than five acres and more than three acres zoned for business as of May 21, 1952, and described as a tax lot on the Tax Assessment Map as of said date and now located in an OB-2 District shall be deemed to meet the acreage requirements, provided that all other standards set forth herein are met and that arrangements are made for common access and service roadways where necessary to avoid traffic hazards or congestion.

Further, except that any smaller parcel so zoned and so identified on such Tax Assessment Map as of said date and now in the OB-2 District shall be deemed to meet the lot size requirement, provided that the owner of the lot owned no adjoining property on that date and that the size of said parcel shall not be reduced.

Sites shall be at least five acres and shall have at least 350 feet of frontage on an existing street or highway.

Access and service roads from existing streets or highways shall properly relate to the public street and highway system so as to avoid unsafe conditions and traffic congestion.

Parking space shall be provided on the site to accommodate the motor vehicles of employees and visitors. Parking areas shall be permanently improved and suitably screened with planting and shall be set back from street and side lines of the site at least 50 feet, except that permanent arrangements may be approved for a lesser distance between parking areas of adjoining office building developments.

Instrument Approach Zones (Z-1). An Instrument Approach Zone beginning at the end of each landing strip or runway designed for instrument approaches, proceeding from a width of 1,000 feet at such end to a width of 4,000 feet two miles distant therefrom; its center line being a continuation of the center line of each such runway or runways or landing strips.

Sight Approach Zones (Z-2). A Sight Approach Zone beginning at the end of each other landing strip designed for visual or sight approaches proceeding from a width of 500 feet at such end to a width of 2,500 feet two miles distant therefrom; its center line being a continuation of the center line of each such runway or runways or landing strips.

Inner Turning Zones (Z-3). An Inner Turning Zone between each two approach zones extending outward for a distance of 1/2 mile.

Outer Turning Zones (Z-4). An Outer Turning Zone between each two approach zones extending from the outer edge of the inner turning zone to an outer boundary described as follows:

In any Instrument Approach Zone, its topmost height above the elevation of the end of the graded landing strip to which such approach zone is appurtenant is greater than 1/40 of its horizontal distance from the end of such graded landing strip;

In any Sight Approach Zone, its topmost height above the elevation of the end of the graded landing strip to which such approach zone is appurtenant is greater than 1/30 of its horizontal distance from the end of such graded landing strip;

In any Inner Turning Zone, its topmost height is greater than 75 feet above the level of and measured at right angles to a line drawn between the midpoints of the ends of any two adjacent landing strips (from which midpoints such half mile arcs were described); or

In any Outer Turning Zone, its topmost height is greater than the permissible height in the inner turning zone (75 feet), plus one foot of increased height for each 30 feet of distance measured horizontally outward at right angles from the boundary between the inner and outer turning zone (such half-mile line) and extending thence outward to the outer boundary of such outer turning zone.

Upon the receipt of an application for a building permit from the owner of any property situated within any Airport Zone, the Building Inspector, before passing upon the suitability of such proposed structure with respect to other requirements of this chapter, shall refer such application to the Superintendent of Public Works/Village Engineer or such other engineer as may be designated by the Village Board. After satisfying himself that the proposed building, if erected upon the site specified in the application to the height called for in the plans filed with such application, will not exceed the limits set forth in Subsection D(2) above, he shall so certify to the Building Inspector.

In the event of report of any permit or the issuance of any order because of the operation of Subsection D(2) above, full explanation shall be afforded to the owner or applicant, with information as to the changes required to make possible compliance with Subsection D(2). For such examination and report, no fee shall be charged other than the usual fee for a building permit.

An appeal from any decision of the Building Inspector under this section shall lie to the Zoning Board of Appeals in the same manner as in other appeals under this chapter.

At least 10 days' notice of the hearing on such appeal shall be given to the appellant, the County Attorney and to the public in the same way and manner that notice is given to the public as provided in this chapter. On such an appeal, the Board, for the purpose of deciding whether to affirm, modify or reverse the decision of the Building Inspector, shall consider whether any reasonable modification of the proposed building or site plan will permit the erection of a usable and suitable building for the fulfillment of a proper purpose and which would constitute a fair and reasonable use of the land and the air rights which would be permitted under existing zoning regulations in force at the time of the adoption of this amendment in the applicable zones.

Any such decision by the Board of Appeals pursuant to this section shall be subject to review by certiorari order issued out of the Supreme Court and in which the County of Westchester shall be made a party.

To provide, where appropriate, a mixture of single-family residences, senior living facilities, excluding nursing homes, townhouses, apartments and limited commercial, retail and institutional uses, plus related accessory uses. For purposes of this § 250-7E, a nursing home shall have the same definition as "nursing home" as set forth in Title 10, New York Codes, Rules and Regulations, Section 700.2.

To provide flexibility of design by coordinating site plan, subdivision and zoning review and other government regulations and review procedures.

To conserve natural resources and to preserve open space.

To provide benefits to the community over and above that which the underlying zoning district provides for, such as but not limited to increased recreational opportunities and reduced traffic impact.

Application. An application form as provided by the Village Building Department must be completed.

Minimum area. The minimum area required to qualify for a PUD shall be 30 contiguous acres within the Village of Rye Brook, not separated by any public street or other public property at the time of the application.

Location. A PUD may be applied to any qualifying area north of the Hutchinson River Parkway. All such districts shall have at least 150 feet of frontage on a state, county or major Village road.

Permitted use. All uses within a PUD District shall be determined by the provisions of this subsection. Any land used for the calculation of density for one use shall not be used for the calculation of density for another use. The proportion and density of each use shall be approved by the Village Board, after recommendation of the Planning Board, and shall depend upon the location, environmental factors and economic considerations of each proposed project and its surroundings. Uses may include and shall be regulated by the following:

Buffer areas.

Open space.

Parking. Parking shall be as required by § 250-6G of this chapter; provided, however, that the parking requirement for the senior living facilities shall be a minimum of 0.75 per unit.

The standards and requirements set forth in § 250-7E(2)(d)[1] may be waived, in whole or in part, to permit additional floor area to be developed in such PUD development, beyond the 9,000-square-foot limit, if the development provides affordable housing equivalent to 10% in number of the market-rate dwelling units in such development, provided that such affordable housing is so restricted for a fifty-year term consistent with the 2009 Stipulation and Order of Settlement and Dismissal in the case of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, and is marketed in accordance with the terms of said settlement.

The buffer areas set forth in § 250-7E(2)(e) may be reduced where the PUD development abuts commercial office improvements.

Phase I: PUD Concept Plan and Rezoning.

Phase II: Subdivision and Detailed Site Plan Application Review.

Application for amendment. At any time following approval of either the PUD concept plan or subdivision and detailed site plan and including the issuance of permits, the applicant may apply for amendment to the previously approved plan. The Village Board shall be the approval authority for amendments to the PUD concept plan and, at its sole discretion, may reconsider the design of the applicable PUD District. The Planning Board shall be the approval authority for amendments to a PUD subdivision and detailed site plan, except as otherwise required by this chapter under specific provisions applicable to individual PUDs. Amendments to the concept plan, subdivision and site plan shall follow in full the procedure and standards required herein. However, if the approval authority for the amendment determines that the proposed modification is a minor one, with the concurrence of the Planning Board (as applicable), the approval authority may waive the full procedure requirements. Nevertheless, each application for amendment shall require a separate filing fee.

Improvements or performance guaranties. As a condition of detailed site plan approval, the applicant shall install all site improvements or the Village shall require the posting of adequate guaranties to insure the installation of said improvements in the manner required by New York State Village Law and the approval authority.

Maintenance. The applicant shall execute a covenant running with the land as to the use, preservation and maintenance of common open space, bodies of water, trees, roads and buildings. Before the issuance of any certificates of occupancy, the covenant shall be reviewed and approved by the Village Attorney and shall include, but not be limited to, the following:

Miscellaneous.

Building permit and certificate of occupancy required. No building or structure shall be erected, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector pursuant to the provisions of § 250-9 of this chapter. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector pursuant to the provisions of § 250-10 of this chapter. All provisions of Chapter 91 and Article V of this chapter shall apply.

Amended site plan approval required for Arbors PUD. Prior to the issuance of a building permit or any other required permits or approvals, an application for amendment of the existing Arbors PUD Site Plan shall be submitted for review and approval by the Board of Trustees for any one of the following land development activities:

Site plan approval required for individual lots. Prior to the issuance of a building permit or any other required permits or approvals, a site plan application shall be submitted for review and approval by the Planning Board for any net increase of 400 square feet or more of impervious surface coverage on properties which are not tributary to the Arbors stormwater detention basin. A table of properties which have been deemed to be non-tributary to the Arbors stormwater detention basin as shown on the plan entitled “Lots Non-Tributary to Existing Drainage Basin," dated September 12, 2012, on file in the Village of Rye Brook Building Department, is included at the end of this chapter.[7]

Stormwater management plan required. Review and approval of a stormwater management plan pursuant to the provisions of Chapter 217 shall be required for any land development activity involving a net increase of 400 square feet or more of impervious surface coverage, except where the property owner can demonstrate to the satisfaction of the Village Superintendent of Public Works/Village Engineer that the drainage from the work area of the proposed improvement is tributary to the Arbors stormwater detention basin, and each of the conditions set forth at § 250-7E(5)(d)[1] is satisfied. A table of properties which have been deemed to be non-tributary to the Arbors stormwater detention basin as shown on the plan entitled “Lots Non-Tributary to Existing Drainage Basin," dated September 12, 2012, on file in the Village of Rye Brook Building Department, is included at the end of this chapter.[8]

Architectural Review Board approval required. Except where windows are being replaced in-kind where the window opening is not modified or otherwise changed, review and approval by the Village of Rye Brook Architectural Review Board pursuant to the provisions of Chapter 8 of the Village Code is required for every application for a permit for the construction, reconstruction or alteration of, or addition to, the exterior of any building, accessory building, structure or sign, where such work is proposed within the side or rear yard of any of the properties located along the perimeter of the Arbors PUD near Hillandale Road or Meadowlark Road, as identified in the Table of The Arbors Units Requiring Architectural Review included at the end of this chapter.[9]

Permitted uses.

Bulk and area requirements.

That the character of scenic roads is a critical feature of the Village of Rye Brook whose preservation enriches and benefits the quality of life experienced by its residents;

That it is desirable to protect and preserve scenic views as well as sensitive natural features on the scenic roads, including, but not limited to, stone walls, geological formations, historic architectural artifacts and significant vegetation;

That new development and redevelopment in the Village should be designed so as to not diminish scenic landscapes and natural areas along these corridors and should be reviewed by the Architectural Review Board, Planning Board and Tree Preservation Committee;

That preservation of these features, while providing for appropriate development, can only be achieved by encouraging flexibility in the design of land use and development projects;

That landscape planning should be an integral component of all subdivision and site plan review and approval.

In order to grant site plan approval for a proposed structure, all approving authorities having jurisdiction must find that such structure or alteration is architecturally compatible with surrounding structures and that the important scenic and natural features of the site will be preserved.

To the maximum extent practicable, all structures to be built on a tract of land that includes land within the Scenic Roads Overlay District shall be sited or clustered on the land in such a way as to avoid occupying or obstructing views of landscape features in the district. One method by which the Village can achieve these objectives is through the establishment of a conservation easement in accordance with the provisions of Chapter 105 of the Village Code on a portion of the subject property to be developed.

Properties within any residential, business, commercial or industrial zoning district with existing structures and buildings shall not be precluded from applying conservation easements to undeveloped portions of such properties, provided that the property for which the easement is sought contributes to the preservation of historic or scenic resources or natural features within the Scenic Roads Overlay District.

The structure or alteration shall be architecturally compatible with surrounding structures and the important scenic and natural features of the site shall be preserved.

The minimum front yard setback requirement for all structures, as set forth for the underlying zoning district, shall be increased by a factor of 1.5, except that the front yard setbacks of all structures either existing or for which a building permit had been issued at the time of the adoption of the Scenic Roads Overlay District on August 10, 2004, shall be deemed to be in conformance with the Scenic Roads Overlay District front yard setback requirement. Notwithstanding any other provision of this chapter, in the case of a lot abutting two or more streets, the increased front yard setback requirement shall apply only to front yards abutting a street located within the Scenic Roads Overlay District.

A thirty-five-foot-wide area, measured perpendicularly from the front property line and running the length of the lot frontage shall remain as a vegetative buffer. Notwithstanding any other provision of this chapter, in the case of a lot abutting two or more streets, the vegetative buffer requirement shall apply only to frontages abutting a street located within the Scenic Roads Overlay District. The front yard buffer shall be managed by the property owner in a way that preserves significant, healthy existing vegetation, plant specimens, landforms and water features and nurtures tree planting and other natural landscaping efforts; creates a dense landscaped buffer; preserves stone walls or other architectural features; and/or ensures the protection of visual buffers. Where existing trees and vegetation are proposed to be removed, sufficient landscaping and tree planting will be undertaken to mitigate visual impacts and the loss of existing vegetation.

A conservation easement may be placed on the thirty-five-foot-wide front yard buffer to protect the vegetative buffer.

Existing natural and constructed features, including but not limited to, rock outcrops, stonewalls, gates, and entrance piers will be preserved and incorporated into development plans. If new stonewalls are to be erected, they will match, as closely as possible, existing masonry, stone type and wall heights of existing walls.

Any new utility equipment installed within a designated road shall be properly screened so as to insure the character and continuity of the road is not compromised in accordance with § 215-5 of the Village Code.

Parking areas shall not be located within the front yard buffer and shall be placed to minimize encroachment upon areas and terrain that have qualities of natural beauty.

Any grading or earth moving operation shall be conducted so that the final, postdevelopment contours appear to be consistent with the predevelopment terrain, both on and adjacent to building sites. Within the front yard landscape buffer, existing grade shall not be altered.