Chapter 230

ARTICLE I § 230-16.1. Riverside Commercial C-1R(A) Title and Purpose District. § 230-16.2. Riverside Transition C-1R(B) § 230-1. Title. District. § 230-2. Purpose. § 230-17. General Commercial C-2 District. ARTICLE II § 230-18. Light Industrial LI District. Definitions § 230-19. Waterfront Commercial WC District. § 230-3. Word usage. § 230-20. Park, Recreation and § 230-4. Terms defined. Education PRE District. ARTICLE III ARTICLE IVA Establishment of Zoning Districts Gateway Overlay District § 230-5. Classes of districts. § 230-20.1. Purpose; definition of district. § 230-6. Zoning Map. § 230-20.2. Location of gateway areas. § 230-7. District boundaries. § 230-20.3. Use regulations for Gateway § 230-8. Effect of establishment of areas. districts. § 230-20.4. Area and bulk regulations. § 230-20.5. Design regulations. ARTICLE IV § 230-20.6. Design guidelines. District Use Regulations § 230-20.7. Compliance with Gateway District regulations. § 230-9. (Reserved) § 230-9.1. One-Family Residence RA-60 ARTICLE IVB District. Indian Brook-Croton Gorge Inter-Municipal § 230-9.2. One-Family Residence RA-40 Watershed Protection Overlay District (WPOD) District. § 230-10. One-Family Residence RA-25 § 230-20.8. Findings and purpose. District. § 230-20.9. Definitions. § 230-11. One-Family Residence RA-9 § 230-20.10. Applicability. District. § 230-20.11. Boundaries. § 230-12. One-Family Residence RA-5 § 230-20.12. Effect of district. District. § 230-20.13. Prohibited uses and practices. § 230-13. Two-Family Residence RB § 230-20.14. Performance criteria. District. § 230-20.15. General provisions for § 230-14. Multiple Residence RC District. wetlands, watercourses, water § 230-15. Limited Office O-1 and O-2 bodies, wetland buffers areas Districts. and steep slopes. § 230-16. Central Commercial C-1 District. ZONING § 230-20.16. Wellhead buffers and § 230-45. Municipal buildings, structures stormwater hotspots. and uses. § 230-20.17. Enforcement. § 230-46. Amusement games and devices. § 230-20.18. Penalties for offenses. § 230-47. Performance standards. § 230-48. Supplementary standards for ARTICLE V the provision of affordable Special Districts housing units. § 230-48.1. Solar energy systems. § 230-21. Multiple Development Use. § 230-48.2. Battery energy storage systems. § 230-22. Waterfront Development (WD) § 230-48.3. Geothermal energy systems. District. § 230-48.4. Adult entertainment use. § 230-23. through § 230-31. (Reserved) § 230-48.5. Boarders. ARTICLE VI ARTICLE VIII District Bulk and Parking Regulations Off-Street Parking, Driveways and Loading Facilities § 230-32. Adoption of standards. § 230-33. One-Family RA-60, RA-40, § 230-49. Permitted accessory parking. RA-25, RA-9 and RA-5 § 230-50. Permitted accessory loading Districts. berths. § 230-34. Two-Family RB Districts and § 230-51. Required off-street parking Multifamily Residence RC spaces. Districts. § 230-52. Supplementary regulations for § 230-35. Limited Office O-1, Central parking and loading facilities. Commercial C-1 and General Commercial C-2 Districts. ARTICLE IX § 230-36. Limited Office O-2 District. Nonconforming Buildings and Uses § 230-37. Light Industrial LI District. § 230-38. Waterfront Commercial WC § 230-53. Regulation and control. District. § 230-54. Interpretation. § 230-39. Park, Recreation and Education PRE District. ARTICLE X Special Permit Uses ARTICLE VII Supplementary Regulations § 230-55. Purpose; when required. § 230-56. Renewal. § 230-40. Supplementary regulations § 230-57. Application. applicable to residence districts. § 230-58. Review of application. § 230-41. Accessory apartments. § 230-59. Public hearing; escrow § 230-42. Supplementary regulations for amounts. the Multiple Residence RC District. § 230-60. Goals and objectives; referral to county; notice of public § 230-42.1. Mixed occupancy. hearing. § 230-43. Nonresidential buildings. § 230-61. Conditions; notice of decision. § 230-44. Signs. § 230-62. Timing, appeals and waivers. CROTON-ON-HUDSON CODE § 230-63. Performance guaranty. § 230-99. (Reserved) § 230-64. Final site development plans. § 230-100. (Reserved) § 230-65. (Reserved) § 230-101. (Reserved) § 230-102. (Reserved) ARTICLE XI § 230-103. (Reserved) Site Plan Approval § 230-104. (Reserved) § 230-105. (Reserved) § 230-66. General procedure. § 230-106. (Reserved) § 230-67. Uses and actions subject to site § 230-107. (Reserved) plan approval and minor site plan approval. § 230-108. (Reserved) § 230-68. Presubmission. § 230-109. (Reserved) § 230-69. Required submissions. § 230-110. (Reserved) § 230-70. Review by Planning Board. § 230-111. (Reserved) § 230-71. Variations or waivers. § 230-112. (Reserved) § 230-72. Maintenance of on-site § 230-113. (Reserved) improvements. § 230-114. (Reserved) § 230-73. Reservation of parkland. § 230-115. (Reserved) § 230-74. Plan amendments for dish § 230-116. (Reserved) antennas. § 230-117. (Reserved) § 230-75. (Reserved) § 230-118. (Reserved) § 230-76. (Reserved) § 230-119. (Reserved) § 230-77. (Reserved) § 230-78. (Reserved) ARTICLE XII § 230-79. (Reserved) Subdivision of Land § 230-80. (Reserved) § 230-120. Approval required; adoption of § 230-81. (Reserved) regulations. § 230-82. (Reserved) § 230-121. Definitions. § 230-83. (Reserved) § 230-122. (Reserved) § 230-84. (Reserved) § 230-123. Reservation of parkland. § 230-85. (Reserved) § 230-124. Reservation of land. § 230-86. (Reserved) § 230-125. Easements. § 230-87. (Reserved) § 230-126. Streets. § 230-88. (Reserved) § 230-127. Lot boundary lines. § 230-89. (Reserved) § 230-128. Sanitary and drainage § 230-90. (Reserved) conditions. § 230-91. (Reserved) § 230-129. Changes in plans. § 230-92. (Reserved) § 230-130. Surveys. § 230-93. (Reserved) § 230-131. Location of boundary lines. § 230-94. (Reserved) § 230-132. Monuments. § 230-95. (Reserved) § 230-133. Preliminary plan requirements. § 230-96. (Reserved) § 230-134. Final plan requirements. § 230-97. (Reserved) § 230-135. Preliminary plan approval § 230-98. (Reserved) procedure. ZONING § 230-136. Final plan approval procedure. ARTICLE XIV § 230-137. Revocation of approval. Zoning Board of Appeals § 230-138. (Reserved) § 230-139. (Reserved) § 230-160. Definitions. § 230-140. (Reserved) § 230-161. Creation and composition. § 230-141. (Reserved) § 230-162. Powers and duties. § 230-142. (Reserved) § 230-163. Filing and appeal of administrative decisions. § 230-143. (Reserved) § 230-164. Zoning Board of Appeals § 230-144. (Reserved) procedure. § 230-145. (Reserved) § 230-165. (Reserved) § 230-146. (Reserved) § 230-166. (Reserved) § 230-147. (Reserved) § 230-167. (Reserved) § 230-148. (Reserved) § 230-168. (Reserved) § 230-149. (Reserved) § 230-169. (Reserved) ARTICLE XIII ARTICLE XV Planning Board Administration and Enforcement § 230-150. Composition, terms, § 230-170. Building permits. compensation, vacancies § 230-171. Certificate of occupancy. § 230-151. Officers, counsel, staff. § 230-172. Duties of Village Engineer. § 230-152. Administration and procedure. § 230-173. Enforcement. § 230-153. Powers and duties. § 230-174. Penalties for offenses. § 230-154. (Reserved) § 230-175. through § 230-179. (Reserved) § 230-155. (Reserved) § 230-156. (Reserved) ARTICLE XVI § 230-157. (Reserved) Amendments and Interpretation § 230-158. (Reserved) § 230-159. (Reserved) § 230-180. Amendment procedure. § 230-181. Interpretation of provisions. § 230-182. Greenway Compact Plan. CROTON-ON-HUDSON CODE GENERAL REFERENCES Greenway Compact Plan — See Ch. 23. Steep slopes — See Ch. 195. Planning Board — See Ch. 40. Stormwater, drainage, erosion and water pollution control — See Ch. 196. Building construction — See Ch. 86. Tree preservation — See Ch. 208, Art. II. Environmental review — See Ch. 116. Abandoned vehicles — See Ch. 212. Excavations — See Ch. 120. Water supply protection — See Ch. 223, Art. II. Flood damage prevention — See Ch. 129. Wetlands — See Ch. 227. ARTICLE I Title and Purpose § 230-1. Title. This chapter shall be known and may be cited as "The 1979 Village of Croton-on-Hudson Zoning Law." § 230-2. Purpose. There is hereby established a comprehensive zoning plan for the Village of Croton-on-Hudson, New York, which plan is set forth in the text and Zoning Map that constitute this chapter. This chapter is enacted pursuant to § 7-7 of the Village Law of the State of New York to achieve the purposes authorized by statute: to protect and promote public health, safety, morals, comfort, convenience, economy and the general welfare, and to protect aesthetic values, and shall be deemed to include specifically the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and services. B. The provision of privacy for families. C. The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of vehicles. D. The maximum protection of residential areas. E. The gradual elimination of nonconforming uses. ARTICLE II Definitions [Amended 1-31-2005 by L.L. No. 1-2005] § 230-3. Word usage. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual, and the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." § 230-4. Terms defined. [Amended 12-19-2005 by L.L. No. 5-2005; 11-3-2014 by L.L. No. 2-2014; 3-6-2017 by L.L. No. 1-2017; 3-19-2018 by L.L. No. 4-2018; 8-12-2019 by L.L. No. 8-2019; 5-16-2022 by L.L. No. 5-2022; 9-12-2023 by L.L. No. 17-2023; 11-27-2023 by L.L. No. 20-2023; 2-28-2024 by L.L. No. 5-2024; 3-27-2024 by L.L. No. 7-2024; 2-12-2025 by L.L. No. 3-2025] As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY — A building or use clearly incidental or subordinate to and customarily used in connection with the type of principal building or use on the same lot. In order for a structure to be considered part of a principal building, it must, at a minimum, share, a common wall with the principal building or be connected to the principal building by a common fully enclosed space. ACCESSORY APARTMENT — A dwelling unit in a permitted one-family residence which is subordinate to the principal one-family dwelling unit in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking, bathroom and sleeping facilities, with physically separate access from any other dwelling unit. ACCESSORY COTTAGE — A dwelling unit in a new or existing accessory structure located on the same lot as a detached single-family residence, which is subordinate to the principal single-family dwelling in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking, bathroom and sleeping facilities. ADULT BOOKSTORE or ADULT VIDEO STORE — A retail or wholesale commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following, for consumption on or off the premises: books, magazines, periodicals or other printed materials, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations which depict, describe, or relate to sexual activities or sexual anatomical areas; or instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specific sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe or specified anatomical specified sexual activities or specified anatomical areas. For the purposes of this definition, "principal business purpose" shall mean 40% or more of the following: A. The number of different titles or kinds of such merchandise; B. The number of copies or pieces of such merchandise; C. The amount of floor space devoted to the sale and/or display of such merchandise; or D. The amount of advertising which is devoted to such merchandise, whether in print or broadcast media. ADULT ENTERTAINMENT CABARET — A nightclub, bar, restaurant or similar public or private establishment which presents: A. Persons who appear in a state of nudity; B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. ADULT ENTERTAINMENT USE — A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings, or both; adult bookstore or adult video stores; adult entertainment cabarets; adult motion-picture theaters; adult theaters; adult motels; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age. ADULT MOTEL — A hotel, motel or similar for-profit short-term rental establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual activities or sexual anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. ADULT MOTION-PICTURE THEATER — An enclosed or unenclosed building, structure or any portion thereof used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons. ADULT THEATER — A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of sexual anatomical areas or by sexual activities. AMUSEMENT DEVICE — Any coin-controlled pinball and video amusement game or device. BASEMENT — A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below finished grade at any point on the periphery of the building. BATTERY ENERGY STORAGE SYSTEM — One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time (not to include a standalone twelve-volt car battery or an electric motor vehicle). A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows: A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 200 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 200 kWh or are comprised of more than one storage battery technology in a room or enclosed area. BED-AND-BREAKFAST ESTABLISHMENT — A residential dwelling that makes available a room or rooms for overnight accommodation to transient paying guests with or without inclusion of one daily morning meal per paying guest as part of the accommodations provided. BILLBOARDS — The type of sign commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot or elsewhere than on the same lot where such sign is displayed. BOARDER or ROOMER — A person who occupies a room in a single-family dwelling unit for sleeping purposes on a non-transient basis for which they pay compensation to the property owner. The term "boarder" does not include a member of the property owner's family or persons related to the property owner by blood, marriage, or legal adoption. BUILDING — Any combination of materials forming any construction. The term "building" shall include the term "structure" as well as the following: A. Signs. B. Fences over six feet in height and more than 25% solid. C. Walls, other than retaining walls, over five feet in height. D. Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building. E. Pergolas, porches, outdoor bins and other similar structures. F. Swimming pools either contemplated by § 230-9.1A(6) or conforming to § 230-9.1A(10)(c). G. Fallout shelters. H. Retaining walls. I. Garages. J. Sheds. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM — A combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produces electricity for on-site consumption. CANNABIS SHOP — A retail outlet selling or distributing any cannabis product, the sale of which requires a license under the provisions of Chapter 7-A, Cannabis, of the Consolidated Laws of the State of New York. CANOPY — A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one or more sides. CELLAR — Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. CHANGE OF USE — Any use that substantially differs from the previous use of a building or land. COURT, INNER — An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three sides by exterior walls of a building. COURT, DEPTH OF OUTER — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, WIDTH OF OUTER — The linear dimension of the unenclosed side of the court. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. DAY-CARE CENTER — A facility, by whatever name known, which provides custody, care, training or babysitting for three or more children not related to the owner or operator. The term includes but is not limited to facilities commonly known as "day-care centers," "family day-care centers," "day nurseries," "nursery schools," "preschools" or "babysitting facilities." DISH ANTENNA (SATELLITE RECEIVING ANTENNA) — Any parabolic or spherical dish-type antenna, the purpose of which is to receive, but not transmit, microwave or other electronic signals from satellites or other sources for television or radio reception, data transmission, teleconferencing or other types of telecommunication. DRIVE-THROUGH WINDOWS — Facilities that encourage or permit customers to obtain goods, receive services, transact business, or be entertained, while remaining in their motor vehicles. The term "drive- through window" shall not include a single facility containing one ATM or teller or combination ATM/ teller window that is attached to or an integral part of the principal building of a bank. DWELLING, ATTACHED — A one-family dwelling having one or two side-party walls constructed on common interior lot lines, situated upon a separate lot, and having private entrances; each contiguous dwelling shall have an undivided 1/2 interest in each party wall. DWELLING, MULTIPLE — A building or portion thereof containing three or more dwelling units. DWELLING, ONE-FAMILY — A detached building containing one dwelling unit only, or one primary dwelling unit and one accessory apartment. DWELLING, TWO-FAMILY — A detached building containing two dwelling units only. DWELLING UNIT — A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrances or other hallways or porches, or cooking or sanitary facilities in common with any other dwelling unit. A boarding- or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit. FACILITY AREA — The cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. FAMILY — One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that five or more persons living together in a single dwelling unit, who are not related by blood, adoption or marriage, do not constitute the functional equivalent of a traditional family. The following criteria shall be present in determining the functional equivalent of a traditional family: A. The group is permanent and stable, and not transient or temporary in nature. B. The group shares the entire dwelling unit, including cooking facilities. C. The group shares expenses for rent, utilities or other household expenses. D. Members of the household have the same address for purposes of voter's registration, driver' s license, motor vehicle registration, and filing of taxes. E. Any other factor reasonably related to whether the group is the functional equivalent of a family. A dwelling unit in which various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family. FLOOR AREA — The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building. FLOOR AREA, HABITABLE — All spaces within the exterior walls of a dwelling unit exclusive of garages, cellars, utility rooms, unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as habitable basements, principal rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit, and all attic space having clear height of seven feet six inches or greater from finished floor level to ceiling level over 50% of the area of such attic space. FLOOR AREA RATIO — The floor area, in square feet, of all buildings on a lot divided by the area of such lot in square feet. For purposes of calculating residential floor area ratio, “floor area” shall mean habitable floor area. FRONTAGE — In connection with the issuance of a building permit, a minimum of 20 feet abutting directly on an approved street or highway and suitable for ingress and egress of motor vehicles including police cars, fire apparatus, ambulances or emergency vehicles. GLARE — The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects. GROUND-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system that is anchored to the ground via a pole, ballast system or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption. HEIGHT — A. For buildings the front wall of which is within five feet of the street, the vertical distance in feet and in stories measured from the curb level to the highest level of the roof surface of roofs, the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type. B. For buildings located in their entirety more than five feet from the street line, the height in feet and in stories shall be established by the Village Engineer in such a way that no building shall be prevented from attaining at least at one point the maximum height permitted in the district in which such building is proposed to be erected, such height to be measured above the elevation of the preconstruction grade abutting such building at that point. C. For one- or two-family dwellings, the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs, the slope of which is not more than one inch vertical to one foot horizontal, or the mean point between the eaves and the highest point of the roof if the roof is of any other type. For purposes of this definition, where the finished ground surface is made by filling, the level of such finished grade shall not be deemed to be more than four feet above the preconstruction grade, as determined by the Village Engineer and as is consistent with the regulations set out in Chapter 120, Excavation, Filling and Topsoil Removal, of the Code. D. The height of any berm, wall, or other structure upon which a fence is placed shall be included in the measurement of the height of the fence, except that, if a fence is placed on the higher elevation side of a retaining wall and at a distance of four feet or more horizontally from the exterior face of such retaining wall, the height of the retaining wall shall not be included in the measurement of the height of the fence. E. The height of any wall shall include the height of any berm, wall, or other structure upon which the wall is constructed. If a wall or system of walls is constructed in "steps" or components within four feet of each other, it shall be considered one wall for the purpose of measuring its height. KILOWATT (kW) — A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW. LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings. LOT AREA — The area of a lot measured on the basis of the horizontal distance between lot lines or between a lot line and a street line or between street lines. LOT, CORNER — A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. LOT DEPTH — The minimum distance from the street line of a lot to the rear lot line of such lot. LOT LINE — Any boundary of a lot other than a street line. LOT LINE, REAR — The lot line generally opposite to the street line. LOT WIDTH — The average distance between side lot lines measured along two lines parallel to a line connecting the end points of the front lot line and drawn through those two points of the principal building closest to and farthest from the street. MAIN FLOOR — The largest area, found by the projection of a horizontal plane through the habitable floor area, which is enclosed by the exterior walls of the building. MANUFACTURED HOME — A structure, transportable in one or more sections constructed off-site, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and complies with the requirements set forth in § 6 of the Executive Law. The term "manufactured home" shall not include any trailer as defined herein. MANUFACTURING — Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged in quantity. MEGAWATT (MW) — A unit of power equal to 1,000 Kw. The nameplate capacity of larger solar energy systems may be described in terms of MW. MIXED OCCUPANCY — A building which has nonresidential use of the street level and residential use of another level or levels. NAMEPLATE CAPACITY — A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC). NATIVE PERENNIAL VEGETATION — Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation. NONCONFORMING BUILDING OR USE — A building or use lawfully existing at the effective date of this chapter or any amendment thereto which does not conform to the regulations prescribed for the district in which it is situated. OPEN SPACE — Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the conservation of natural or scenic resources. PASSIVE OPEN SPACE — Space or area left permanently open and undeveloped, save for foot trails or paths. ACTIVE OPEN SPACE — Space or area which has been set aside and developed for activities, such as playing fields, pools, swimming ponds, tennis courts and skating rinks. OPEN SPACE, USABLE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all said occupants by means of access other than stairs. PEEP SHOWS — A theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to sexual activities or sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged. POLLINATOR — Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. RESTAURANT — A business establishment engaged in preparing and serving food and beverages for consumption on the premises, which offers a full food menu and which provides table or counter service for patrons. An establishment shall be classified as a restaurant only if more than 50% of its revenues are derived from the service of food, as opposed to the service of alcoholic beverages, the charging of admission fees or any other source of revenue. Excluded from the definition of "restaurant" are business establishments which offer curb service, drive-through window service or any other type of drive-in or drive-through service. RETAIL STORES — Includes but is not limited to stores pertaining to, connected with or engaged in the sale of commodities in small quantities directly to the general public or ultimate consumer, such as but not limited to beverages, whether alcoholic or nonalcoholic; household maintenance goods; soaps and toiletries; medicines; linen; wearing apparel; household appliances; furniture and furnishings; electric and electronic goods, including radio and television sets and sound and/or light recording and/or reproducing equipment and apparatus; toys; stationery goods; hardware goods; paints; craftsmen's supplies; notions; and novelty goods. RETAINING WALL — Any wall or system of walls retaining more than four feet of earth. The height of earth retained shall be measured from the ground level at the lower side of the retaining wall(s) to the top of the retaining wall(s). When the word "wall(s)" is used in this chapter, it shall be deemed to include "retaining wall(s)" unless otherwise specified. "Retaining wall(s)" are a subset of "wall(s)." ROOF-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system located on the roof of any legally permitted building or structure, including those attached by a ballast system, that produces electricity for on-site or off-site consumption. SEXUAL ACTIVITIES — Any act of masturbation, fellatio, sodomy, sexual intercourse or fondling or other erotic touching of a person's genitals, pubic area, buttocks or breasts. SEXUAL ANATOMICAL AREAS[Added 3-27-2024 by L.L. No. 7-2024] — A. Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola. B. Human male genitals in a discernibly turgid state even if completely and opaquely covered. SIGN — Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, pennant, insignia, trademark, device or other representation used as or which is in the nature of an advertisement, announcement, designation, display, attraction or directive not required by law of any person, firm, group, organization, commodity, service, profession or enterprise, when placed in such manner that it provides visual communication to the general public out-of-doors, but not including: A. Signs maintained or required to be maintained by law or governmental order. B. The flag or insignia of any government or governmental agency. C. The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast. D. Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices. SIGN AREA — Includes all faces of a sign measured as follows: A. When a sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. The signage supports which affix the sign to the ground or to a structure shall not be included in the sign area, unless such supports are evidently designed to be part of the sign as defined herein. Where a sign consists of several individual faces, the sign area shall be the aggregate area of all such faces which can be observed from any one point. B. When a sign consists only of letters, symbols, designs or figures engraved, painted, projected or in any manner affixed on a wall, the area of such sign shall be deemed to be that of the smallest single basic geometric shape (e.g., square, rectangle, triangle or circle) which encompasses all the letters, symbols, designs or figures. SIGN, FREESTANDING — A sign which does not depend upon a building for its main support. SIGN, PORTABLE — Any sign not permanently attached to the ground or other permanent structure, including but not limited to signs designed to be transported on wheels or by other means, blimps, or other similar vessels such as large balloons. SOLAR ACCESS — Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR ENERGY EQUIPMENT — Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity. SOLAR ENERGY SYSTEM — The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar energy system as follows: A. Tier 1 solar energy systems include the following: (1) Roof-mounted solar energy systems. (2) Building-integrated solar energy systems. (3) Canopy-mounted solar energy systems over parking areas. B. Tier 2 solar energy systems include ground-mounted solar energy systems where the facility area of all solar panels and associated equipment on the lot, including any related battery energy storage system, does not exceed 1,800 square feet. C. Tier 3 solar energy systems include ground-mounted solar energy systems where the total facility area of all solar panels and associated equipment on the lot, including any related battery energy storage system, falls between 1,801 square feet and one acre. D. Tier 4 solar energy systems are systems that are not included in the list for Tier 1, Tier 2 and Tier 3 solar energy systems. SOLAR PANEL — A photovoltaic device capable of collecting and converting solar energy into electricity. STORAGE DEVICE — A battery or other technology that stores energy and makes it available in an electrical form. STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of roof beams. STORY, HALF — Any space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. STREET — A street shown on the Official Map of the Village of Croton-on-Hudson and improved to the satisfaction of the Planning Board. STREET LINE — The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the supporting members of a building. TOWNHOUSE — A one-family dwelling having one or two side-party walls and having private entrances in a single building on land in common ownership. TRAILER — A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. The term "trailer" shall include camping trailers, fifth-wheel trailers, park trailers, travel trailers, truck campers, mobile homes, recreational vehicles, motor homes, campers, and other similar vehicles. The term "trailer" shall not include any manufactured home as defined herein. USE, ACCESSORY — A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building. VAPE OR TOBACCO SHOP — A retail outlet selling or distributing primarily any electronic cigarette or vapor products or tobacco products, including but not limited to electronic cigarettes; vape pens; dissolvable liquids; vaporizing liquids, oils or gels; mods; atomizers; vape tanks; coilheads; cigars and cigarettes or other tobacco products. YARD, FRONT — An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto. YARD, REAR — An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE — An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto and between the front and rear yards. ARTICLE III Establishment of Zoning Districts [Amended 1-31-2005 by L.L. No. 1-2005] § 230-5. Classes of districts. [Amended 11-3-2014 by L.L. No. 2-2014; 3-2-2020 by L.L. No. 5-2020] The Village of Croton-on-Hudson recognizes the following zoning districts: District Title Symbol Chapter Section One-Family Residence RA-60 § 230-9.1 One-Family Residence RA-40 § 230-9.2 One-Family Residence RA-25 § 230-10 One-Family Residence RA-9 § 230-11 One-Family Residence RA-5 § 230-12 Two-Family Residence RB § 230-13 Multiple Residence RC § 230-14 Limited Office O-1 § 230-15 Limited Office O-2 § 230-15 Central Commercial C-1 § 230-16 Riverside Commercial C-1R(A) § 230-16.1 Riverside Transition C-1R(B) § 230-16.2 General Commercial C-2 § 230-17 Light Industrial LI § 230-18 Waterfront Commercial WC § 230-19 Park, Recreation and Education PRE § 230-20 Multiple Development Use MDU § 230-21 Waterfront Development WD § 230-22 A. Each such district may be designated on the Zoning Map referred to in § 230-6, in the Bulk and Parking Schedule in Article VI and elsewhere in the text of this chapter by its symbol only. § 230-6. Zoning Map. The boundaries of said districts are hereby established as shown on the 2005 Zoning Map, Village of Croton-on-Hudson, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. Said Map, indicating the latest amendments, shall be kept up-to-date in the office of the Village Engineer for the use and benefit of the public.116 116. Editor's Note: A copy of the Zoning Map is included in a pocket at the back of this volume. In addition, a Table of Zoning Map Amendments is included at the end of this chapter. § 230-7. District boundaries. A. In determining the boundaries of districts shown on the map, the following rules shall apply: (1) Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys, parkways, waterways and main track or tracks of railroads. (2) Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries. (3) Unless otherwise shown, such boundaries running parallel to streets shall be construed to be 100 feet back therefrom. (4) In all cases where a lot in one ownership is divided by a district boundary and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted district. For the purposes of this section, the more restricted district shall be deemed that district which is subject to regulations which either prohibit the particular uses permitted in the district covering the remaining portion of said lot or which regulations require higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements. (5) In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary shall be construed to coincide with such lot line. (6) Any boundary shown extended into the Hudson or Croton Rivers shall be deemed to extend to the boundary of the Village, unless otherwise indicated. B. In all other cases, where dimensions are not shown on the Zoning Map, the location of boundaries shall be determined by the use of the scale appearing on such map. § 230-8. Effect of establishment of districts. Following the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located. B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building or use on the same or any other lot. C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started on or before the date of passage of this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall have been completed in accordance with such plans as have been filed within one year from the date of passage of this chapter. § 230-9 ZONING § 230-9.1 ARTICLE IV District Use Regulations § 230-9. (Reserved)117 § 230-9.1. One-Family Residence RA-60 District. [Added 11-3-2014 by L.L. No. 2-2014; amended 8-12-2019 by L.L. No. 8-2019; 9-12-2023 by L.L. No. 17-2023; 2-12-2025 by L.L. No. 3-2025] A. In a One-Family Residence RA-60 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following, and all uses and buildings shall conform to the district bulk and parking regulations in Article VI and the following regulations, whichever are more restrictive: (1) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of the products thereof, provided that no building is erected and signs conform with § 230-44P(1)(e). (2) One-family detached dwellings not to exceed one such dwelling on each lot and subject to the district bulk and parking regulations in Article VI. (3) Municipal buildings, structures and uses, subject to § 230-45. (4) Places of worship, including parish houses, schools, philanthropic and eleemosynary institutions, hospitals and sanitariums for general medical care, nursing and convalescent homes and homes for the aged, libraries, arboretums, all subject to a special permit by the Village Board of Trustees and the following requirements. A special permit shall be required for the expansion, extension, reconstruction, rebuilding or relocation of any use or building described in this Subsection A, notwithstanding that it represents an expansion, extension, reconstruction, rebuilding or relocation of a use or building legally in existence on January 1, 2001. (a) Any school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. (b) Any school permitted under this subsection shall occupy a lot with an area of not less than three acres. (c) Any philanthropic or eleemosynary institution, hospital, sanitarium, nursing or convalescent home or home for the aged permitted under this subsection shall occupy a lot which shall have an area of not less than five acres and shall be housed only in a building which existed on July 28, 1931, with a total floor area of 3,000 square feet or more. (d) No building or part thereof shall be erected nearer than 100 feet to any street or property line. (e) The sum of all areas covered by all principal and accessory buildings shall not exceed 15% of the area of the lot. (f) Courts shall conform to the requirements of § 230-43B hereof. 117. Editor's Note: Former § 230-9, One-Family Residence RA-40 District, as amended, was superseded 11-3-2014 by L.L. No. 2-2014. See now § 230-9.2, One-Family Residence RA-40 District. § 230-9.1 CROTON-ON-HUDSON CODE § 230-9.1 (5) Railroad and public utility rights-of-way and structures necessary to serve areas within the Village; subject, however, to a special permit by the Village Board of Trustees and to such conditions, including appropriate lot size, yard and other bulk regulations, as said Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. No high-voltage transmission line or tower permitted under this subsection shall exceed 100 feet in height or be located less than 75 feet from any residential property line. (6) Annual membership clubs, on a lot having an area of not less than five acres, subject to a special permit by the Village Board of Trustees, and provided that any such club is incorporated pursuant to the provisions of the Not-For-Profit Corporation Law or the Benevolent Orders Laws of the State of New York, catering exclusively to members and their guests; and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that: (a) The following shall be prohibited: [1] Outdoor entertainment, live or mechanical. [2] The use of outdoor public address systems for any purpose. [3] Exterior lighting, other than the essential for the safety of the users of the premises. (b) No building or outdoor recreational facility erected under the provisions of this subsection shall be erected nearer than 100 feet to any street or property line. (7) Subject to a special permit by the Village Board of Trustees, the operation, maintenance and preservation by a membership corporation or association not operated for profit of historic sites, buildings, restorations and landmarks, the maintenance and preservation of historic remains and objects and the exhibition and display of such sites, buildings, restorations, landmarks, remains and other objects to the public, whether indoors or outdoors and whether or not an admission fee is charged, including uses and buildings incidental to or necessary for such operations and also including, as incidental to the foregoing uses, the retail sale of gifts, souvenirs and other appropriate goods and the sale of refreshments, meals and lodging and motel or hotel accommodations. Such special permit shall be issued upon a finding by the Village Board of Trustees that the proposed use is an actual and bona fide historic restoration. (8) Funeral homes, subject to a special permit by the Village Board of Trustees, in any building in existence on July 28, 1931, with a total floor area in excess of 3,000 square feet situated on a lot of not less than one acre, provided that: (a) There shall be adequate off-street parking space, and in no event less than set forth in § 230-51A. (b) There shall be no signs other than those permitted in § 230-44P(1)(e). (c) Visiting hours shall be prohibited after 10:00 p.m. (d) The principal building shall be located 40 feet or more from any lot or street line. (e) There shall be no indoor or outdoor loudspeaker system, floodlights or other outdoor lighting except as approved by the Village Board of Trustees. (9) Tier 3 solar energy systems, subject to the issuance of a special permit by the Board of Trustees, § 230-9.1 ZONING § 230-9.1 provided that the requirements set forth in § 230-48.1 are met. (10) Accessory uses, limited to the following: (a) Customary home occupations (which term shall exclude day-care centers and bed-and- breakfast establishments), provided that: [1] There shall be no signs other than those permitted in § 230-44P(1)(e). [2] Such occupation is incidental to the residential use of the premises and is carried on by a resident thereon with no nonresident assistants; provided, however, that when the person conducting such home occupation has been legally declared blind or shall otherwise be physically handicapped to the point of being incapable of performing more than 20% of his usual regular work, he may, upon receiving a special permit from the Village Board of Trustees, engage the services of one assistant. [3] Such occupation is carried on in an area not exceeding 30% of the total floor area of the main building. (b) Professional office or studio of an architect, artist, dentist, engineer, lawyer, musician, teacher, physician, public accountant, chiropractor, city planner, insurance broker, optometrist, osteopath, real estate broker or ladies' hairdresser, but not including veterinarians, provided that: [1] Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant. [2] Such office or studio shall occupy not more than one floor of the main building. [3] Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. (c) Garden house, toolhouse, playhouse, boathouse, greenhouse or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools with an area of 150 square feet or more and a depth in excess of three feet shall be subject to the following requirements: [1] The edge of the pool shall be kept a distance of not less than 10 feet from all property lines. [2] If located within 30 feet of any property line, such pool shall be screened from the view of abutting properties. (d) Private garage, provided that only one space may be leased to a person not resident on the premises. (e) Keeping not more than one boarder or roomer, subject to the requirements set forth in § 230-48.5. (f) Keeping domestic animals, except pigs, for individual domestic purposes or as pets, provided that not more than three dogs over six months old and not more than 25 fowl shall be permitted, and no animals, except dogs or cats, or fowl shall be penned or housed within 50 feet of any lot line.118 § 230-9.1 CROTON-ON-HUDSON CODE § 230-9.1 (g) Day-care centers on a lot having a minimum area of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees and to the following conditions and limitations: [1] There shall be no more than one day-care center per lot. [2] The limits of any outdoor play or recreation area shall not extend closer than 20 feet to any residential property line. [3] No recreational structure or equipment shall exceed 10 feet in height. [4] The habitable floor area of the residence building used for day care shall not exceed 33.3% of the total habitable floor area of the building in which it is contained. [5] The maximum number of children using the day-care center at any time shall not exceed 15. [6] The hours of operation shall be limited to no earlier than 7:0 a.m. and to no later than 7:00 p.m. [7] The operator of the day-care center shall be the owner and a full-time resident of the building, and there shall be no more than two nonresident employees. [8] The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates. [9] The single-family character of the residence structure shall not be altered to accommodate the proposed use or the requirements of any other agency, code or regulation, and the applicant for a special permit shall submit to the Board of Trustees floor plans and elevations establishing compliance with this Subsection A(10)(g). [10] Fourteen copies of an application for a special permit shall be submitted to the Board of Trustees, accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees.119 The special permit may be issued only after public hearing and upon determination that the proposed use is in compliance with the conditions set in this Subsection A(10)(g). The initial permit shall be valid for a period not to exceed two years, and a permit may be revoked at any time by the Board of Trustees upon noncompliance with the conditions set forth in this Subsection A(10)(g) or in the permit itself. The permit shall not be effective until the day-care center has been licensed by the New York State Office of Children and Family Services. A renewal permit may be issued without fee for a period not to exceed five years. [11] Any new owner of the building in which a day-care center is operated must apply to the Board of Trustees for a special permit to continue a day-care center use. (h) Bed-and-breakfast establishments, subject to the issuance of a special permit by the Board of Trustees and to the following conditions and limitations: 118. Editor's Note: See also Ch. 108, Dogs. 119. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. § 230-9.1 ZONING § 230-9.1 [1] An application for special permit shall be accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees. The special permit may be issued only after public hearing and upon determination that the proposed use is in compliance with the conditions and limitations set forth in this Subsection A(10)(h). A permit shall be valid for a period not to exceed two years and may be revoked at any time by the Board of Trustees upon noncompliance with the conditions set forth in this Subsection A(10)(h) or the permit itself. A renewal permit may be issued without fee for a period not to exceed two years. [2] The applicant for a special permit shall submit to the Board of Trustees 14 copies of the application and such plans of the structure and layout of the residence as the Board of Trustees deem necessary to assure that the bed-and-breakfast usage complies with this Subsection A(10)(h). [3] The applicant shall obtain and submit to the Board of Trustees statements on the adequacy of the premises for purposes of safety, fire protection and structural soundness from the Village Fire Department and the Village Engineer. Such statements shall include recommendations, if any, for improvements or changes deemed advisable, which will be considered by the Board of Trustees in determining the merits of the application. [4] The applicant shall be the owner of the premises and a full-time resident of the premises. [5] Additions to the residence which increase the building perimeter and/or height or in any other way alter the external appearance of the residence shall not be permitted, and no special permit shall be granted for any residence for which a variance has been granted during the five-year period preceding the submission of the application for a special permit. [6] The bedrooms and bathroom of the dwelling used for paying-guest accommodations shall not exceed 33.3% of the existing habitable floor area of the dwelling, and no more than two rooms shall be used as bedrooms for paying guests. [7] No more than six guests per night shall be permitted in any bed-and-breakfast establishment, and the Board of Trustees may fix a lower maximum in the permit. No paying guest shall stay on any one visit for more than 15 days. [8] The residence in which a bed-and-breakfast establishment is operated shall have a minimum of three off-street parking spaces, and no permit shall be issued if a variance for off-street parking has been granted within five years of the date of the application for special permit. [9] The residence in which a bed-and-breakfast establishment is operated shall not contain an accessory apartment. [10] The only meals to be furnished shall be one daily morning meal per paying guest. [11] One sign designating a bed-and-breakfast establishment shall be permitted, subject to the following conditions: [a] There shall be no signs other than those permitted in § 230-44P(1)(d). § 230-9.1 CROTON-ON-HUDSON CODE § 230-12 [12] Any new owner of the residence in which a bed-and-breakfast establishment is operated must apply to the Board of Trustees for a special permit to continue a bed- and-breakfast use. [13] No two bed-and-breakfast establishments shall be permitted within 1,000 feet of each other. [14] The impact of a bed-and-breakfast establishment on the surrounding neighbors shall be considered as a condition of the issuance of a special permit. (i) Tier 1 and Tier 2 solar energy systems. B. Prior to the issuance of a building permit or change of use or access permit, the site development plan for any use permitted in this district shall be subject to approval by the Planning Board or Board of Trustees, as relevant, in accordance with the provisions of Article XI hereof. § 230-9.2. One-Family Residence RA-40 District. [Amended 11-3-2014 by L.L. No. 2-2014] In a One-Family Residence RA-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. § 230-10. One-Family Residence RA-25 District. [Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014] In a One-Family Residence RA-25 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot. [Amended 8-12-2019 by L.L. No. 8-2019] § 230-11. One-Family Residence RA-9 District. [Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014] In a One-Family Residence RA-9 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 2 and Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 35% of the area of the lot. [Amended 8-12-2019 by L.L. No. 8-2019] § 230-12. One-Family Residence RA-5 District. [Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014] In a One-Family Residence RA-5 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 2 and Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot. [Amended 8-12-2019 by L.L. No. 8-2019] § 230-13. Two-Family Residence RB District. [Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014; 8-12-2019 by L.L. No. 8-2019; 2-12-2025 by L.L. No. 3-2025] In a Two-Family Residence RB District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot. B. Two-family dwellings. § 230-14. Multiple Residence RC District. [Amended 1-31-2005 by L.L. No. 1-2005] A. In a Multiple Residence RC District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: (1) Any uses permitted in One-Family Residence RA-9 Districts and in Two-Family Residence RB Districts, and subject to all the regulations therefor, except that: (a) Not more than one professional office or studio, other than accessory to a use otherwise permitted, shall be permitted for each 20 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor of any building or on the floor immediately above the street floor only if there is direct access to such office or studio from outside the building. (2) A dwelling for three or more families, provided that the entire lot occupied by such dwelling shall be maintained in single ownership throughout the life of the building. B. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans for residences shall be subject to approval by the Planning Board in accordance with the provisions in Article XI hereof. § 230-15. Limited Office O-1 and O-2 Districts. [Amended 5-7-1990 by L.L. No. 2-1990; 1-31-2005 by L.L. No. 1-2005] A. Limited Office O-1 District. In a Limited Office O-1 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Any use permitted in an RB District and subject to all the regulations therefor. (2) Business and professional offices and research, design and development laboratories located entirely within a building on the same lot therewith, including accessory uses thereto. At no time shall any premises be used in such manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, offense, annoyance or disturbance to any of the surrounding properties or to their owners and occupants. Manufacturing of any kind, sales of any kind and bulk storage of manufactured products are prohibited.120 (3) Day-care centers on a lot having a minimum of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees and compliance with the following conditions and limitations or as determined by the Village Board during its special permit process: [Added 1-2-2007 by L.L. No. 1-2007] (a) There shall be no more than one day-care facility per lot. (b) No outdoor play area or recreation area shall be closer than 20 feet to any property zoned residential. (c) No recreational structure or equipment shall exceed 10 feet in height. (d) The operation shall be limited to commencing no earlier than 7:0 a.m. and ending no later than 7:00 p.m. (e) To qualify for a special permit under this section, the applicant shall provide evidence of compliance with all governing regulatory agencies, including documentation indicating a current license authorizing day-care operations issued by the New York State Office of Children and Family Services. (f) A change in ownership of a day care licensed under this section shall require renewal of the special permit. (g) The Board of Trustees shall have the authority to waive any or all of the above conditions, if circumstances warrant, or to impose whatever additional conditions are deemed necessary to protect public health, safety, and welfare. B. Limited Office O-2 District. In a Limited Office O-2 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Permitted uses. (a) Business and professional offices, showrooms and research, design and development laboratories, including incidental clinics, cafeterias and recreational facilities for the exclusive use of company employees. (b) Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products, provided that not more than 40% of the total floor area shall be so used. At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, 120. Editor's Note: Former Subsection A(3), regarding signs, which immediately followed this subsection, was repealed 3-19-2001 by L.L. No. 3-2001. See now § 230-44P. noise or radiation or be used in such a manner as to cause injury, offense, annoyance or disturbance to any of the surrounding properties and to their owners and occupants. Sales of any kind to the general public are prohibited.121 (c) Tier 1 and Tier 2 solar energy systems as an accessory use. [Added 8-12-2019 by L.L. No. 8-2019] C. (Reserved)122 D. Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped as approved by the Planning Board. All landscaping shall be properly maintained throughout the life of any use on any lot. E. Site illumination. Exterior floodlighting or other illumination shall be shielded from the view of all surrounding properties and streets. F. Approval of site development plan. Prior to the issuance of a building permit, all site development plans shall require the approval of the Planning Board in accordance with the provisions of Article XI hereof. § 230-16. Central Commercial C-1 District. [Amended 7-6-1982 by L.L. No. 6-1982; 1-21-1985 by L.L. No. 1-1985; 8-19-1985 by L.L. No. 5-1985; 7-7-1993 by L.L. No. 4-1993; 6-13-1995 by L.L. No. 7-1995; 6-18-2001 by L.L. No. 10-2001; 3-19-2018 by L.L. No. 4-2018; 8-12-2019 by L.L. No. 8-2019; 5-16-2022 by L.L. No. 5-2022; 9-12-2023 by L.L. No. 17-2023; 2-12-2025 by L.L. No. 3-2025] A. Permitted uses. In a Commercial C-1 District, no building or premises shall be used, and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Retail stores and banks, except that no vape or tobacco shop shall be permitted within 500 feet of the property line of the Pierre Van Cortlandt Middle School and Croton-Harmon High School and may not be located within 500 feet of any other vape or tobacco shop. (2) Personal service establishments, such as, but not limited to, barbershops, beauty parlors and tailor shops. (3) Business, professional or government offices. (4) Service establishments furnishing services other than those of a personal nature. (5) Theaters and restaurants. (6) Outlets and pickup stations for laundries and cleaning establishments, excluding washing of wearing apparel on the premises. Cleaning of wearing apparel or household effects on the premises shall be permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent. (7) Newspaper printing, including incidental job printing, provided that no more than 10 employees are engaged in such production or processing. 121. Editor's Note: Former Subsection B(2), regarding signs, as amended 2-16-1999 by L.L. No. 4-1999, which immediately followed this subsection, was repealed 3-19-2001 by L.L. No. 3-2001. See now § 230-44P. 122. Editor's Note: Former Subsection C, Limited Office O-3 District, added 4-22-1991 by L.L. No. 2-1991 (which provided for the relettering of former Subsections C, D and E as Subsections D, E and F, was repealed 3-19-2001 by L.L. No. 3-2001. (8) Schools and places of worship. (9) Signs, accessory to an establishment located on the same lot, provided that such signs shall be limited as set forth in § 230-44. (10) Tier 1 and Tier 2 solar energy systems as an accessory use. B. Special permit uses. Subject to the issuance of a special permit by the Village Board of Trustees, the following uses: (1) Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail on and off the premises, provided that: (a) An area fully covered from any street and equal to not more than 50% of the total floor area shall be used. (b) Not more than 10 employees are engaged in such production or processing. (2) Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters. (3) Public utility structures. (4) Day-care centers, subject to the following conditions and limitations: (a) There shall be no more than one day-care center per lot. (b) The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line. (c) The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates. (5) Mixed occupancy in accordance with the provisions of § 230-42.1 herein and subject to the issuance of a special permit by the Board of Trustees. C. Prohibited Uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition: (1) A material is "discarded" if it is abandoned by being: (a) Disposed of; (b) Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or (c) Accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of. § 230-16 ZONING § 230-16.1 (2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water. D. All permitted uses and all storage accessory thereto, other than off-street parking and gasoline pumps and public utility structures, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant.123 E. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval of the Planning Board in accordance with the provisions of Article XI hereof. § 230-16.1. Riverside Commercial C-1R(A) District. [Added 3-2-2020 by L.L. No. 5-2020] A. Permitted uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Any use permitted in a Commercial C-1 District, as set forth in § 230-16A. B. Special permit uses. Subject to the issuance of a special permit by the Village Board of Trustees, the following uses: (1) Any special permit use permitted in a Commercial C-1 District, as set forth in § 230-16B. C. Prohibited uses. All uses prohibited in a Commercial C-1 District, as set forth in § 230-16C. D. All permitted uses and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant. E. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval of the Planning Board in accordance with the provisions of Article XI hereof. F. Design regulations. (1) Off-street parking placement/design. All off-street parking shall be located along the side and in the rear of buildings, unless the applicant demonstrates to the Planning Board that site or business constraints prevent conformance with this requirement. In accordance with § 230-5 of the Zoning Code, parking lots shall be landscaped. (2) Curb cuts and sidewalks. (a) Sidewalks. All sidewalks shall be properly maintained in accordance with Village regulations. All new property developments must provide sidewalks along any property lines that front on public streets, unless this requirement is waived by the Planning Board due to the special circumstances of a particular site. (b) Where a lot has frontage on a street or sidewalk, the planting of trees, shrubs and other landscaping shall be designed to provide an attractive, green buffer between the building 123. Editor's Note: See also Ch. 197, Streets and Sidewalks, § 197-4. § 230-16.1 CROTON-ON-HUDSON CODE § 230-1 and the sidewalk and the sidewalk and the street. (c) A buffer of street trees, ornamental shrubs or low stone walls shall be required to screen parking areas and auto service stations from adjacent sidewalks and streets. The effectiveness of the buffer, including its width, height and length, shall be determined during site plan review by the Planning Board. (3) Lighting. (a) All applicants shall be required to submit a lighting diagram at the time of site plan application showing the location of lights on buildings and in parking lots, and the actual areas of illumination. (b) Parking lot lighting. Freestanding lighting in parking lots shall not be higher than 20 feet. (4) Building orientation. In order to discourage parking lots in front of buildings, new buildings shall be oriented with the building front facing the street and situated close to the front property line to create a more continuous street wall. (5) Unified parking lot design. Notwithstanding any other provision of this chapter, in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic flow, the Planning Board shall have the authority in conducting site plan review to waive such open space, design guideline and parking lot buffer, screening and landscaping requirements as it deems advisable to encourage and foster the joint use of, and common access to, parking lots located on adjoining properties. The Planning Board may require, as a condition of site plan approval, the provision for interconnection of parking facilities via circulation drives within and between adjacent lots. § 230-16.2. Riverside Transition C-1R(B) District. [Added 3-2-2020 by L.L. No. 5-2020] A. Permitted uses. In a Riverside Transition C-1R(B) District, no building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Any use permitted in a Commercial C-1 District, as set forth in § 230-16A. B. Special permit uses. The following uses shall be allowed subject to the issuance of a special permit by the Village Board of Trustees: (1) Any special permit use permitted in a Commercial C-1 District, as set forth in § 230-16B. (2) Multifamily housing. C. Prohibited uses. All uses prohibited in a Commercial C-1 District, as set forth in § 230-16C. D. All permitted uses and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant. E. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval of the Planning Board in accordance with the provisions of Article XI hereof. § 230-17. General Commercial C-2 District. [Amended 1-21-1985 by L.L. No. 1-985; 5-7-1990 by L.L. No. 2-1990; 6-13-1995 by L.L. No. 7-1995; 3-19-2001 by L.L. No. 3-2001; 6-18-2001 by L.L. No. 10-2001] A. Permitted uses. No building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (1) Any use permitted in a Commercial C-1 District, as set forth in § 230-16A, and subject to the regulations therefor, but for properties not within the Harmon/South Riverside area of the Gateway Overlay District, no retail stores shall be permitted except by special permit of the Village Board of Trustees. Such retail stores in all former C-1 Districts prior to the date of the adoption of this section shall be deemed to have special permits; however, any retail store with a current special permit requiring periodic renewal shall continue to require renewal in accordance with its terms. [Amended 6-4-2012 by L.L. No. 1-2012124] B. Special permit uses. Subject to issuance of a special permit by the Village Board of Trustees, the following uses: (1) Motor vehicle service stations, subject to the following regulations: (a) The minimum lot size for such service stations shall be 20,000 square feet, and the minimum street frontage shall be 150 feet. (b) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle entering the property to back out across any public right-of- way or portion thereof. (c) Vehicle lifts or pits shall be located within a building fully enclosed on all sides. (d) All service or repair of motor vehicles, other than minor servicing or repairing, shall be conducted in a building fully enclosed on all sides. Minor services shall not include change or replacement of petroleum-based products. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground in conformance with applicable government standards, and not nearer than 35 feet to any property line other than the street line. (f) No gasoline pumps shall be located nearer than 15 feet to any street line. (g) No building permit for a motor vehicle service station shall be issued within a distance of 200 feet of any school, church, hospital or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located. (h) No building permit for a motor vehicle service station shall be issued within a distance of 2,000 feet from any other motor vehicle service station in operation prior to the submission 124. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: "The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects." of such application, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located. (i) The following activities shall not be permitted in a motor vehicle service station: painting and body work. (j) Vehicles which are dismantled, disabled or wrecked and which are awaiting repair must be stored in buildings fully enclosed on all sides, except that the outdoor storage may be permitted upon application to and approval by the Village Engineer. Application shall consist of a plot plan, drawn to scale, which shall specifically designate any areas to be used for parking or storage of dismantled, disabled or wrecked vehicles or trash. Application for plot plan approval must be made within four months from the effective date of this chapter. The Village Engineer may approve such outside storage upon the installation of such additional screening or other protective measures as he may deem necessary to assure that the vehicles so stored are not visible from any location outside the subject premises. Vehicles regulated by this Subsection B(1)(j) and which are not awaiting repair may not be stored on the premises. (k) Areas used for outdoor storage of vehicles referred to in Subsection B(1)(j) above and areas used for storage of parts or trash must be adequately screened as prescribed under § 230-52 hereof. (l) Subject to the issuance of a special permit by the Board of Trustees and site plan approval by the Planning Board, the sale of used cars or rental of vehicles shall be allowed if the service station is in compliance with the conditions set forth in Subsection B(1)(b) through (i) above and the additional conditions set forth below. The initial permit shall be for a period of two years, with subsequent renewals, subject to compliance with the approved site plan, for five-year periods. [1] The maximum number of vehicles or trailers on a site shall be one per 300 square feet of usable space, with adequate access aisles provided, except for vehicles which can be removed from the site without requiring that another vehicle be removed. [2] The site plan shall specifically designate any areas to be used for parking or storage of vehicles or trailers, disabled vehicles awaiting repairs and trash. (2) Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters; bowling alleys, billiard halls, miniature golf courses and similar amusement establishments, provided that their size and scale are appropriate to the proposed site as determined, if necessary, by a parking and traffic study. (3) Storage or repair garages. (4) Animal hospitals. (5) Hotels or inns, provided that there shall not be more than 20 rental rooms or units per acre and the building or part of the building containing rooming units have no individual cooking units except coffee makers, be for transient occupancy not exceeding 14 days and have a manned entrance or entrances through a common lobby. (6) Public utility structures. (7) Automobile sales and service agencies for the sale of new automobiles, accessories and customary accessory uses are hereby authorized. Used car sales and automobile rentals are permitted only as an accessory use to new car sales, as described in the following § 230-17B(7)(a) through (m). Such automobile sales and service agencies must be franchised dealers or factory-owned dealers of new automobiles, and all operations must be conducted from the same site subject to the following rules, regulations and conditions: [Amended 9-12-2023 by L.L. No. 17-2023] (a) The minimum lot size for such sales and service stations shall be 40,000 square feet, and the minimum street frontage shall be 150 feet, and the minimum lot depth shall be 200 feet. Where the district extends for more than 1,000 feet along a state highway, the lot must have a minimum of 200 feet of frontage. No automobile sales and service agency may be within 500 feet of another sales and service agency. (b) Entrance and exit driveways shall have an unrestricted width of not less than 30 feet and shall be located not nearer than 10 feet to any property line nor closer than 75 feet to any intersecting street line. (c) No building housing an automobile sales agency shall be closer than 30 feet to a residential district line at the rear or side yard. Sales and service shall be conducted in a building completely detached from any other. (d) One gasoline pump may be permitted incidental to the use of the premises, but commercial sales of gasoline to the general public are prohibited. No pumps can be located in a front yard. Side or rear yard locations may be approved at the discretion of the Planning Board. (e) All services or repair of motor vehicles, and storage of dismantled, disabled or wrecked motor vehicles, shall be conducted in a building fully enclosed on all sides. No outdoor storage of partially dismantled or wrecked motor vehicles is permitted. (f) No loading, unloading or transfer operations shall be permitted on any public street or at the curb between 7:0 a.m. and 9:0 a.m. and 5:00 p.m. and 7:00 p.m. (g) No building permit for an automobile sales and service agency shall be issued within a distance of 500 feet of an existing motor vehicle sales and service agency unless the following conditions can be met: [1] The proposed building shall contain a minimum of 15,000 square feet on one level. [2] The minimum street frontage shall be 200 feet. [3] The proposed building shall be set back no less than 30 feet from the property line. [4] No vehicle shall be parked at any time within 15 feet of any front, side or rear property line. (h) No unregistered automobiles may be parked on the street at any time. (i) No parking of vehicles in the buffer between the building and side and rear lot lines adjoining residential districts. (j) The parking of all automobiles offered for sale shall be prohibited within public rights-of- way. (k) The storage of gasoline or flammable oils in bulk shall be located in conformance with applicable government standards and, in any event, not nearer than 10 feet to any street line or 35 feet to any lot line other than the street line. (l) No gasoline pumps shall be located nearer than 25 feet to any street line. (m) The site plan for such automobile sales and service agencies must show the following features: [1] Parking of automobiles laid out on the site to provide for automobile circulation so that vehicles are not required to wait on the street or block the right-of-way before gaining entrance. [2] Delineated display areas. [3] Provision for employee parking must be noted; one parking space per 1.5 employees. [4] Fencing and/or landscaping must comply with landscape standards in § 230-52. [5] Access drives from abutting streets shall be so located as to avoid unsafe conditions and traffic congestions. Access to automobile dealerships is prohibited from a residential street. [6] Outdoor lighting shall be that generally necessary for security purposes. Lighting for illuminating an outdoor sales area shall be restricted to the front 1/3 of the lot depth. Said lighting shall be reduced to security lighting at the close of business. All outdoor area lighting shall be so directed that no illumination glare extends beyond the lot lines. (8) Mixed occupancy in accordance with the provisions of § 230-42.1 herein and subject to the issuance of a special permit by the Board of Trustees. (9) Day-care centers, subject to the following conditions and limitations: [Added 5-20-2019 by L.L. No. 6-2019] (a) There shall be no more than one day-care center per lot. (b) The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line. (c) The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates. [Amended 9-12-2023 by L.L. No. 17-2023] (10) Tier 3 solar energy systems, provided that the requirements set forth in § 230-48.1 are met. [Added 8-12-2019 by L.L. No. 8-2019] C. All permitted uses and all storage accessory thereto, other than off-street parking and gasoline pumps, miniature golf courses and similar amusement establishments and public utilities and structures, shall be carried on in buildings fully enclosed on all sides. D. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval by the Planning Board in accordance with the provisions of Article XI hereof. E. All dumpsters and refuse storage areas shall be fully screened from the street and adjacent properties. F. Prohibited uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition: (1) A material is "discarded" if it is abandoned by being: (a) Disposed of; (b) Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or (c) Accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of. (2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water. § 230-18. Light Industrial LI District. [Amended 5-7-1990 by L.L. No. 2-1990; 8-3-1992 by L.L. No. 9-1992; 3-19-2001 by L.L. No. 3-2001; 4-16-2001 by L.L. No. 5-2001] A. Purpose. The Light Industrial LI District is designed to accommodate such light manufacturing and related uses as are consistent with the needs and welfare of the community. Uses in this district shall be grouped according to compatibility and performance in order not to create a nuisance to the community or the adjacent users. [Amended 6-18-2001 by L.L. No. 8-2001] B. Permitted uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use, except the following: [Amended 6-18-2001 by L.L. No. 8-2001] (1) Business and professional offices, including related showrooms. (2) Railroad lines and stations. (3) Motor vehicle parking structures and parking lots, conforming to § 230-51F hereof. C. Special permit uses. Subject to the issuance of a special permit therefor by the Village Board of Trustees, and excluding those uses prohibited under Subsection E of this section, the following uses: [Amended 6-18-2001 by L.L. No. 8-2001] (1) Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products. (2) Research and design and development laboratories, excluding laboratories that use or process biological, radioactive and hazardous materials, heavy metals or asbestos. (3) Storage and dispensing of motor fuel and lubricants, but only as part of motor vehicle parking lots and of structures for the parking of motor vehicles. (4) Hotels, inns and restaurants. (5) Occasional retail sales incidental to the conduct of any of the uses permitted under this subsection and subject to such frequency and other conditions as may be imposed by the Village Board of Trustees. (6) Utilities, including but not limited to structures for the provision of electricity, gas and water; radio and television transmission stations; telephone, telegraph and cablegram facilities. (7) Warehousing and wholesaling; freight distribution centers and terminals; except that any handling, storage or distribution of flammable, combustible, explosive or hazardous materials shall be prohibited. (8) Tier 3 solar energy systems, provided that the requirements set forth in § 230-48.1 are met. [Added 8-12-2019 by L.L. No. 8-2019] (9) Transit-oriented development consisting of mixed-use or multifamily residential buildings, only on lots located fronting on Croton Point Avenue on the west side of Route 9 and within 1,500 feet of the Metro-North Croton-Harmon Train Station. [Added 11-1-2022 by L.L. No. 14-2022] (10) Adult entertainment use, provided that the requirements set forth in § 230-48.4 are met. [Added 3-27-2024 by L.L. No. 7-2024] D. The above uses shall comply with the area and bulk standards listed in § 230-37, including the minimum lot size of three acres, except that the Village Board of Trustees may, by the issuance of a special permit, allow a lot area of less than three acres but not less than one acre, and except that for a transit-oriented development of mixed-use or multifamily residential the minimum lot area shall be 10,000 square feet. [Amended 6-18-2001 by L.L. No. 8-2001; 11-1-2022 by L.L. No. 14-2022] E. Prohibited uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition: (1) A material is "discarded" if it is abandoned by being: (a) Disposed of; (b) Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or (c) Accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of. (2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water. F. All uses permitted under Subsection B above shall be subject to the performance standards set forth in § 230-47. G. General accessory uses. In connection with the uses permitted by Subsection B, there can be included in any building so authorized general accessory uses as follows: (1) Storage of goods or equipment accessory to permitted uses. (2) Keeping, breeding and raising of rodents and other small fur-bearing animals for laboratory purposes. (3) Utility facilities. (4) Maintenance and service facilities. (5) Clinics, cafeterias and lunchrooms and recreation facilities not open to public participation. (6) Structures for the disposal of sewage and other wastes. (7) Parking as regulated by this chapter. (8) All and any other similar accessory uses not inconsistent with the permitted uses. (9) Tier 1 and Tier 2 solar energy systems. [Added 8-12-2019 by L.L. No. 8-2019] H. (Reserved)125 I. Required accessory off-street loading berths. Accessory off-street loading berths shall be constructed in such number, manner and location as may be required by the Planning Board. J. Additional use regulations. (1) All offices, laboratories, light-manufacturing uses, accessory storage and such other uses shall be within completely enclosed buildings. (2) All areas not used for building or for accessory off-street parking shall be suitably landscaped and maintained in good condition, subject to the requirements of the Planning Board. (3) Entrances and exits shall be located only on public streets improved to the satisfaction of the Planning Board and shall be so located as to draw a minimum of vehicular traffic to and through streets in residential zoning districts. K. Required minimum buffer areas. (1) Along any lot line adjacent to a residential zone, a permanent landscaped buffer of 50 feet shall be required. (2) Along any other lot line, a permanent, landscaped buffer of 10 feet shall be required. (3) Such buffer areas shall either be maintained in their natural state, if adequate ground cover is present, or landscaped in accordance with the requirements of the Planning Board. No parking shall be permitted within any required buffer area. L. Subject to the provisions of § 230-54, the minimum lot area requirement of § 230-37 shall not apply to any lot less than three acres in area whose boundary lines were established prior to the effective date of this chapter. Such plot shall not, however, be developed except in accordance with Note a of § 230-37. 125. Editor's Note: Former Subsection E, Accessory signs, was repealed 3-19-2001 by L.L. No. 3-2001. See now § 230-44P. M. All site plans of sites on the Hudson River waterfront shall show a dry-land strip area of not less than 50 feet in width, calculated from the mean high-water line parallel to the waterfront, as park and recreation land. N. Approval of site plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval by the Planning Board in accordance with the provisions of Article XI hereof. § 230-19. Waterfront Commercial WC District. A. Purpose. The Waterfront Commercial WC District is designed to enhance and develop to the maximum extent extrinsic and intrinsic values of the areas in the Village adjacent to rivers, streams, lakes and other bodies of water. Uses in this district should promote the public interest in the values of those areas for purposes of recreation, conservation and development of aquatic resources, giving proper recognition to the rights of owners to develop their properties commercially in a manner compatible with said values.126 B. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) Facilities for water-oriented activities and for athletic facilities, including but not limited to: (a) Bathing beaches and pools. (b) Waterskiing, fishing, sailing and boating. (c) Ice-skating and other winter sports. (d) Tennis, handball, basketball, baseball, softball and similar sports. (e) Picnic grounds. (2) Facilities for culturally oriented activities, including but not limited to: (a) Theaters for the performing arts. (b) Band shells. (c) Museums and art galleries. (2.1) Tier 1 and Tier 2 solar energy systems as an accessory use. [Added 8-12-2019 by L.L. No. 8-2019] (3) Subject to the issuance of a special permit by the Board of Trustees, the following uses: [Amended 1-31-2005 by L.L. No. 1-2005] (a) Restaurants. (b) Hotels, motels and boatels. (c) Retail sales outlets for the supply to the ultimate consumer of goods and services immediately related to any uses listed in this section. 126. Editor's Note: See also Ch. 227, Wetlands and Watercourses. (d) Marinas. (e) Small boat repair facilities. (f) Temporary fairgrounds. (g) Docks and piers for any of the uses listed in this section. C. All uses permitted under Subsection B above shall be subject to the performance standards set forth in § 230-47. D. The uses permitted under Subsection B shall not be deemed to include amusement parks, camping areas or trailer camps. E. (Reserved)127 F. Easement or right-of-way. (1) In all site plan approval, the Planning Board shall, except as provided below, require that a dry- land right-of-way or easement, not less than 15 feet in width, be deeded, either within the twenty-five-foot waterfront setback or elsewhere within the lot covered by the site plan, in the discretion of the Planning Board, to the Village for purposes of public access. (2) The requirement in Subsection F(1) above may be waived by the Planning Board in cases of waiver of the waterfront setback requirement pursuant to Note a of § 230-38, or in any other case where the Planning Board, in its discretion, deems the requirement unreasonably harmful to the property owner and not necessary to the welfare of the community. G. Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval by the Planning Board in accordance with the provisions of Article XI hereof. § 230-20. Park, Recreation and Education PRE District. [Added 9-6-1988 by L.L. No. 6-1988] A. Purpose. The PRE District is intended to preserve natural resources, scenic beauty and other land and community resources whose retention is necessary for the continued maintenance of the quality of the environment. It is designed to provide for public parks; recreational activities including all types of athletic activities; schools and other educational facilities; nature preserves; bird and wildlife sanctuaries; and similar uses. B. Eligibility. Lands identified for Park, Recreation and Education PRE Districts shall be designated PRE-1, PRE-2 and PRE-3 and shall include the following: (1) Areas owned by the Village of Croton-on-Hudson. (2) Areas owned by any other public corporate body and dedicated to one or more of the purposes of the PRE District. (3) Privately owned areas held in trust for or limited by deed restrictions to or otherwise dedicated to one or more of the purposes of the PRE District. C. Permitted uses. On areas identified for PRE District, no building or other structure, facility or 127. Editor's Note: Former Subsection E, Accessory signs, was repealed 3-19-2001 by L.L. No. 3-2001. See now § 230-44P. premises or any part thereof shall be constructed or used which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) PRE-1: Passive open space. (a) Natural open space areas and uses designed for environmental or ecological wildlife preservation. (b) Bird and wildlife sanctuaries. (c) Parks and passive use. (d) Open space or woodland preserving important vistas, view corridors or scenic resources. (e) Paths, boardwalks or bridges for the above. (2) PRE-2: Active open space. (a) Picnic grounds, beaches and similar facilities for recreation. (b) Parks and gardens. (c) Playing fields and all other facilities for athletic sporting activities, including grandstands and scoreboards. (d) Administration and control buildings; toilet, locker and shower facilities; band shells; gazebos and shelters; and outdoor stage platforms. (e) All uses permitted under PRE-1. (3) PRE-3: Educational buildings. (a) Public schools, public buildings and other public facilities for educational and instructional purposes. (b) Zoos, aquariums and other botanical gardens. (c) Theaters for the performing arts, band shells, museums, art galleries, libraries and other facilities for culturally oriented activities. (d) All uses permitted under PRE-1 and PRE-2. D. Accessory uses. Uses accessory and incidental to permitted uses shall include: (1) Off-street parking of passenger and commercial vehicles in the open. No part of the parking area shall be more than 45 feet from a natural area or a landscaped and treed area introduced into the parking area, as approved by the Planning Board. (2) Maintenance, security or utility structures serving specific needs. (3) Other accessory uses that are incidental to the principal use on the site. (4) Tier 1 and Tier 2 solar energy systems. [Added 8-12-2019 by L.L. No. 8-2019] E. Preexisting buildings. Any building existing on any parcel in a PRE District as of the effective date of the establishment of said district may continue as such, subject to the provisions of this chapter. F. Special permit. (1) The following uses may be permitted subject to issuance of a permit by the Board of Trustees. Special permits require information necessary to demonstrate that the proposed activity is not adverse to the general health, safety and economic and general welfare of the residents of the Village. (a) Public utility installations which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Board of Trustees may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened, preferably using natural screening, from the view of all adjoining and neighboring residential properties. (2) The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of Article XI. § 230-20.1 ZONING § 230-20.2 ARTICLE IVA Gateway Overlay District [Added 3-15-2004 by L.L. No. 3-2004] § 230-20.1. Purpose; definition of district. A. Croton-on-Hudson’s commercial gateways are the major entry points from surrounding municipalities and roads. The physical gateway areas are comprised of the roads and surrounding properties a motorist or pedestrian encounters when first entering the Village. These areas create a sense of arrival and connection to the Village, and establish an image and initial impression of the community. B. The 2003 Comprehensive Plan identified three gateway areas in the Village, which currently share the following defining characteristics: (1) Vehicular entry points in Croton-on-Hudson from Route 9/9A. (2) Commercial or office uses principally accessed by automobile traffic. (3) Possibilities for development and redevelopment. C. The purpose of the Gateway Overlay District is to establish standards that upgrade the image and function of gateway areas, strengthen the overall visual identity of the Village, and improve pedestrian linkages to adjacent residential neighborhoods. § 230-20.2. Location of gateway areas. A. Croton-on-Hudson’s three gateway areas are: (1) Harmon/South Riverside, consisting of certain lots located on Croton Point Avenue, South Riverside Avenue and Clinton Street. A list of the specific parcels included in the Harmon/South Riverside area is set forth in Attachment E of this chapter, and the Zoning Map is hereby amended to include the parcels described in the Attachment E of this chapter. This area is an important link to the train station via Croton Point Avenue and to the Harmon neighborhood. It also provides a connection with the historic Van Cortlandt Manor to the south. [Amended 6-4-2012 by L.L. No. 1-2012128] (2) Municipal Place Shopping Area, consisting of lots on the north and south sides of Municipal Place between Route 9 and Maple Street, and the commercially zoned portion of the block on the east side of Maple Street, and the lots located between Route 9 and South Riverside Avenue from the Village-owned parcel to the north to the intersection of Maple and South Riverside to the south, as shown on Figure 3.129 The Municipal Place Shopping Area is an important entrance to the Village from Route 9. It connects to the Upper Village via Maple Street and to the surrounding neighborhoods. (3) North end of the Village along Albany Post Road (9A), consisting of the eight lots between Routes 9 and 9A, and the Village boundary and Warren Road. This area marks the entrance to 128. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” 129. Editor's Note: Figure 3 is included at the end of this chapter. § 230-20.2 ZONING § 230-20.3 the Village from the north along Routes 9 and 9A. B. The parcels comprising the gateway districts are indicated in Attachment E of this chapter. [Amended 6-4-2012 by L.L. No. 1-2012] § 230-20.3. Use regulations for Gateway areas. [Amended 6-4-2012 by L.L. No. 1-2012130] A. Permitted uses. Unless otherwise specified in this chapter, the uses permitted in the Gateway District areas shall be the same as those permitted in the underlying zoning district. B. Special permit uses. The uses permitted in the Gateway District areas by special permit shall be the following: (1) Unless otherwise specified in this chapter, all special permit uses permitted in the underlying zoning district (subject to the underlying districts' requirements and criteria) shall be permitted in the Gateway District areas by special permit of the Village Board of Trustees. (2) Farmers markets, green markets or garden centers by special permit of the Village Board of Trustees, subject to the requirements and criteria set forth in Article X of this chapter. (3) In the Harmon/South Riverside Gateway District area, mixed-use or multifamily residential buildings, by special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article X of this chapter: [Amended 11-1-2022 by L.L. No. 13-2022] (a) Notwithstanding any other provision of this chapter to the contrary, for the purposes of this Article IVA, "mixed use" shall mean a combination in one building of residential dwelling units and other permitted and/or special permit uses; provided, however: [1] At least 50% of the area of the first floor of any mixed-use building must be used for nonresidential use. Residential uses may not be located in the portion of a building's first floor which is immediately inside the building's front facade, it being the intention of this chapter that first-floor front building facades, and the building areas immediately inside first-floor front building facades, will be used for nonresidential purposes. It is the further intention of this law that any first-floor residential space will be located "behind" first-floor nonresidential space as viewed from the street/ sidewalk adjacent to the building front. For the purpose of this subsection, buildings located on street corners shall be deemed to have building fronts on each of the intersecting streets which form the street corner. [2] There shall be no percentage restrictions on the amount of residential versus nonresidential space on the second or third floor of a mixed-use building. [3] Residential dwelling units may be studios, one-bedroom units and two-bedroom units only. No more than 50% of the total number of dwelling units in a building may be two-bedroom units. (b) Notwithstanding any provisions of § 230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to mixed-use or 130. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” § 230-20.3 CROTON-ON-HUDSON CODE § 230-20.3 multifamily residential buildings in the Harmon/South Riverside Gateway area. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code: [1] Maximum floor area ratio (FAR) shall be 0.8. [2] Maximum height shall be 35 feet/three stories. [3] The minimum front yard setback shall be 15 feet. The maximum front yard setback shall be 20 feet. In accordance with the general provisions of this chapter, corner lots shall be deemed to have front yards on each of the intersecting streets which form the corner. [4] The Village Board shall have the authority in conducting special permit review to reduce or waive side yard setback requirement(s) of the underlying zone, provided that there is otherwise adequate access to parking areas, and provided that one or more of the following criteria are met: [a] Reducing the setback(s) will facilitate more parking to be provided in the rear of the building than would otherwise be the case. [b] Reducing the setback(s) will facilitate the interconnection of rear parking lots with those on adjoining property(ies). [c] Reducing the setback(s) will contribute to the building forming a more unified, cohesive streetscape with adjoining buildings than would otherwise be the case. [5] With the exception described below, preexisting buildings which do not meet the front yard setback required herein (15 feet to 20 feet) or any of the other area requirements of this chapter (e.g., rear yard setback) shall not be permitted to have a FAR of 0.8 nor to add third-story occupancy. They shall be governed by the FAR and story limitations of their underlying zone; provided, however, that preexisting buildings which are otherwise area-compliant, but whose front yard setback is between 10 feet and 20 feet (instead of the required 15 feet to 20 feet) shall be permitted to have a FAR of 0.8 and third-story occupancy. (c) Design regulations. In addition to any other design regulations provided in this Code, the following design guidelines shall apply to mixed-use buildings in the Harmon/South Riverside Gateway area: [1] The street level facade of the front of any building shall consist of at least 60% transparent glass to facilitate visibility into the building's first-floor commercial premises and a retail streetscape look. For the purpose of this subsection, buildings located on street corners shall be deemed to have building fronts on each of the intersecting streets which form the corner. [2] Mixed-use buildings in the Harmon/South Riverside Gateway area shall be subject to such additional design guidelines as may be adopted by resolution of the Board of Trustees from time to time. (d) Parking. [1] Notwithstanding any other provision of this Code to the contrary, for mixed-use and § 230-20.3 ZONING § 230-20.3 multifamily residential buildings in the Harmon/South Riverside Gateway area there shall be provided at least the following amount of parking for each residential dwelling unit: one parking space plus one additional parking space for each bedroom in the unit in excess of one bedroom. (Examples: studio apartment: one space; one- bedroom apartment: one space; two-bedroom apartment: two spaces.) The minimum parking for nonresidential space shall be as otherwise required by this chapter. The Village Board of Trustees, as part of its special permit determination, shall have the authority to increase these parking requirements. In the case of each application, the Village Board of Trustees shall consider and make a finding as to whether the above-stated parking requirements are adequate or will be increased based upon the following factors: [a] The mix of uses proposed to be conducted in the various spaces in the building, considering, among other things, the extent to which their parking demands are likely to overlap. [b] Whether the applicant is willing to limit areas of the building to only certain uses. [c] The square footage of each of the proposed residential and commercial units in the building. [d] The availability of nearby municipal parking. [e] Such other factors as the Board may deem relevant on a case-by-case basis. [2] The Board shall have the authority to require applicant(s) to provide and/or pay for a professional parking study. (4) In the Municipal Place Gateway District area, on any lot in the C-2 District having frontage on Municipal Place, adjacent to a residential zoning district and having less than three acres, attached single-family homes, multifamily residential buildings and mixed occupancy buildings shall be permitted by special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article X of this Chapter: [Added 3-2-2020 by L.L. No. 4-2020] (a) Notwithstanding any other provision of this chapter to the contrary, "mixed occupancy" permitted under this section shall mean a combination in one building of residential dwelling units and other permitted and/or special permit uses; provided, however: [1] Nonresidential uses must be located on the first floor. [2] There shall be no restrictions on the amount of nonresidential space on the first floor. (b) Notwithstanding any provisions of § 230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to a development of attached single-family homes, multifamily residential and mixed occupancy buildings permitted under this section. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code: [1] Maximum floor area ratio (FAR) shall be 0.5. [2] Maximum height shall be 35 feet/three stories. § 230-20.3 CROTON-ON-HUDSON CODE § 230-20.3 [3] The minimum front yard setback shall be 20 feet. The maximum front yard setback shall be 25 feet. [4] On the property located at 41-51 Maple Avenue and known as Sheet 72.12, Block 3, Lot 3, there shall be a minimum fifty-foot setback from adjacent residential properties on Wells Avenue and Beekman Avenue, which shall remain vegetated. [5] The property should have only one curb cut, not located on Municipal Place, and located as far from the Municipal Place intersection as practicable. (c) Open space. Ten percent of the total area of the site shall be used to create a publicly accessible open space located adjacent to and connected to Municipal Place; provided, however, that the Village Board of Trustees shall have the discretion as part of its special permit review to reduce the area of such open space, provided the Village Board determines other public benefits have been provided as part of the development or design of the open space. Design of the public space shall include at least the following elements, and shall be evaluated by the Planning Board as part of site plan review: [1] Paths and benches that connect the site to the street, adjacent sidewalks, and adjacent crosswalks on Municipal Place. [2] Design improvements to establish a gateway to the area such as enhanced lighting, landscaping, and gateway signage. (d) Parking and traffic. [1] Notwithstanding any other provision of this Code to the contrary, for residential or mixed-occupancy buildings permitted under this section, there shall be provided at least the following amount of parking for each residential dwelling unit: one parking space for each studio or one-bedroom unit and two spaces for each unit with two or more bedrooms. The Village Board of Trustees, as part of its special permit determination, shall have the authority to increase these parking requirements. The Village Board of Trustees shall consider and make a finding as to whether the above- stated parking requirements are adequate or will be increased based upon the following factors: [a] The mix of uses proposed to be conducted in the various spaces in the building, considering, among other things, the extent to which their parking demands are likely to overlap. [b] Whether the applicant is willing to limit areas of the building to only certain uses. [c] The square footage of each of the proposed residential and commercial units in the building. [d] Such other factors as the Board may deem relevant on a case-by-case basis. [2] The Board shall have the authority to require applicant(s) to provide and/or pay for a professional parking and traffic impact study. (5) In the North End Gateway District area on any lot where the underlying zoning is Limited Office O-1 District, multifamily residential buildings and mixed-use buildings shall be permitted by § 230-20.3 ZONING § 230-20.3 special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article X of this chapter: [Added 3-7-2022 by L.L. No. 3-2022] (a) Notwithstanding any other provision of this chapter to the contrary, for the purposes of this section, "mixed use" shall mean a combination in one building of residential dwelling units and other permitted and/or special permit uses, including but not limited to retail stores and banks, personal service establishments, and business and professional offices, and showrooms; provided, however: [1] At least 50% of the area of the first floor of any mixed-use building must be used for nonresidential use. Residential uses may not be located in the portion of a building's first floor which is immediately inside the building's front facade, it being the intention of this chapter that first-floor front building facades, and the building areas immediately inside first-floor front building facades, will be used for nonresidential purposes. It is the further intention of this subsection that any first-floor residential space will be located "behind" first-floor nonresidential space as viewed from the street/sidewalk adjacent to the building front. For the purpose of this subsection, buildings located on street corners shall be deemed to have building fronts on each of the intersecting streets which form the street corner. [2] There shall be no percentage restrictions on the amount of residential versus nonresidential space on the second or third floor of a mixed-use building. [3] Residential dwelling units may be studios, one-bedroom units and two-bedroom units only. (b) Notwithstanding any provisions of § 230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to mixed-use and multifamily residential buildings in the North End Gateway area overlaying the Limited Office O-1 District. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code: [1] Maximum floor area ratio (FAR) shall be 0.8. [2] Maximum height shall be 35 feet/three stories. [3] The Village Board shall have the authority in conducting special permit review to reduce or waive yard setback requirement(s) of the underlying zone, provided that there is otherwise adequate access to parking areas, and provided that one or more of the following criteria are met: [a] Reducing the setback(s) will facilitate more parking to be provided in the rear of the building than would otherwise be the case. [b] Reducing the setback(s) will facilitate the interconnection of rear parking lots with those on adjoining properties. [c] Reducing the setback(s) will contribute to the building forming a more unified, cohesive streetscape with existing or proposed buildings on other properties in the North End Gateway District than would otherwise be the case. [4] In accordance with the general provisions of this chapter, corner lots shall be deemed § 230-20.3 CROTON-ON-HUDSON CODE § 230-20.3 to have front yards on each of the intersecting streets which form the corner and the front yard on a Village street shall be 50 feet. (c) In addition to the requirements set forth in § 230-4 or any other provisions of this chapter, at least one affordable affirmatively furthering fair housing (AFFH) unit shall be provided in any mixed-use or multifamily residential building in the North End Gateway area overlaying the Limited Office O-1 District having five to nine units, which unit shall be subject to the requirements of § 230-48. (d) Design regulations. In addition to any other design regulations provided in this Code, the following design guidelines shall apply to mixed-use and multifamily residential buildings in the North End Gateway area overlaying the Limited Office O-1 District: [1] All vehicle access shall be from the state highway, except that vehicle access for one- and two-family homes may also be from a Village street. [2] Mixed-use and multifamily residential buildings in the North End Gateway District area shall be subject to such additional design guidelines as may be adopted by resolution of the Board of Trustees from time to time. (e) Parking. [1] Notwithstanding any other provision of this Code to the contrary, for mixed-use or multifamily residential buildings in the North End Gateway District area overlaying the Limited Office O-1 District there shall be provided at least the following amount of parking for each residential dwelling unit: one parking space for each studio or one-bedroom unit and two spaces for each unit with two or more bedrooms. The minimum parking for nonresidential space shall be as otherwise required by this chapter. The Village Board of Trustees, as part of its special permit determination, shall have the authority to increase or decrease these parking requirements. In the case of each application, the Village Board of Trustees shall consider and make a finding as to whether the above-stated parking requirements are adequate or will be increased or decreased based upon the following factors: [a] The mix of uses proposed to be conducted in the various spaces in the building, considering, among other things, the extent to which their parking demands are likely to overlap. [b] Whether the applicant is willing to limit areas of the building to only certain uses. [c] The square footage of each of the proposed residential and commercial units in the building. [d] The availability of nearby dedicated parking on other adjacent properties. Any dedicated parking on other adjacent properties shall be by a filed legal agreement. [e] Such other factors as the Board may deem relevant on a case-by-case basis. [2] The Board shall have the authority to require applicant(s) to provide and/or pay for a professional parking study. § 230-20.3 ZONING § 230-20.5 C. Prohibited uses. Notwithstanding uses otherwise permitted by the underlying zoning district, the following uses shall be prohibited in all the Gateway District areas: (1) Commercial parking lots. (2) Automobile storage lots. (3) Drive-through windows for commercial establishments. (4) Automobile or other vehicle dealerships. § 230-20.4. Area and bulk regulations. [Amended 6-4-2012 by L.L. No. 1-2012131; 3-2-2020 by L.L. No. 4-2020; 3-7-2022 by L.L. No. 3-2022; 11-1-2022 by L.L. No. 13-2022] A. Maximum allowable floor area ratio. With the exception of mixed-use or multifamily residential development in the Harmon/South Riverside area and multifamily or mixed occupancy development permitted in the Municipal Place Gateway area as permitted in § 230-20.3B(4) above, the maximum floor area ratio (FAR) standards that shall be adhered to for new development shall be the FAR listed for the underlying zone or the following, whichever is more restrictive: (1) For single-use properties, that is, a property proposed for only one principal permitted use: 0.35. (2) For multi-use properties, including combinations of retail and office, retail and residential uses or office and residential: 0.40. B. Maximum building square footage. With the exception of lots within the C-2 Zoning District in the Municipal Place Gateway area fronting on Municipal Place, the maximum permissible square footage for any single building shall not exceed 20,000 square feet. This requirement is imposed in order to encourage a compact urban design of the gateway. C. Maximum permitted square footage for any single commercial use. With the exception of lots within the C-2 Zoning District in the Municipal Place Gateway fronting on Municipal Place, the maximum permissible square footage for any single commercial use by any single occupant or tenant shall not exceed 8,000 square feet of gross floor area. D. Maximum height. Maximum height shall be as permitted for the underlying zone as provided elsewhere in this chapter, except for the following: (1) Maximum height for mixed use or multifamily residential development in the Harmon/South Riverside Gateway area shall be three stories and 35 feet. (2) Maximum height for buildings within the C-2 Zoning District in the Municipal Place Gateway area on lots fronting on Municipal Place shall be three stories and 35 feet. § 230-20.5. Design regulations. A. Off-street parking placement/design. All off-street parking shall be located along the side and in the rear of buildings, unless the applicant demonstrates to the Planning Board that site or business constraints prevent conformance with this requirement. In accordance with § 230-5 of the Zoning 131. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” § 230-20.5 CROTON-ON-HUDSON CODE § 230-20.5 Code, parking lots shall be landscaped. B. Curb cuts and sidewalks. (1) Vehicular curb cuts. Properties within the gateway areas shall be permitted a maximum of one vehicular curb cut per lot per street frontage, unless the property owner can demonstrate to the Planning Board that this standard either cannot be achieved or is not appropriate to the specific site. Where the owner of a developed property with more than one curb cut applies for a change of use, a site plan and/or amendment to a site plan, the property owner shall be required to meet the conditions of this subsection. Curb-cut consolidation plans shall be presented to the Planning Board as part of the site plan application. Where possible, curb cuts shall be shared among adjoining properties. (2) Sidewalks. All sidewalks shall be properly maintained in accordance with Village regulations. All new property developments must provide sidewalks along any property lines that front on public streets, unless this requirement is waived by the Planning Board due to the special circumstances of a particular site. Internal sidewalks will be provided as deemed appropriate by the Planning Board. C. Open space. To enhance the appearance of the gateway areas and contribute to Croton’s open space character, a minimum of 15% of the lot area shall be set aside as open space. Applicants will be required to submit a landscape plan as part of the site plan application. (1) This open space allotment shall either be left in its natural state or appropriately landscaped and open to the air, and may include: (a) Landscaped or planted building setbacks. (b) Landscaped or planted islands in parking lots. (c) Grass or planted areas on the lot. (2) The open space allotment may not include parking lots, buildings or sidewalks. (3) Where a lot has frontage on a street or sidewalk, the planting of trees, shrubs and other landscaping shall be designed to provide an attractive, green buffer between the building and the sidewalk and the sidewalk and the street. (4) A buffer of street trees, ornamental shrubs or low stone walls shall be required to screen parking areas and auto service stations from adjacent sidewalks and streets. The effectiveness of the buffer, including its width, height and length, shall be determined during site plan review by the Planning Board. D. Signage. All signs in the Gateway Districts must conform to the Village’s signage regulations set forth in § 230-4 of the Zoning Code. In addition, no sign in a Gateway District shall exceed 48 square feet in area. E. Lighting. (1) All applicants shall be required to submit a lighting diagram at the time of site plan application showing the location of lights on buildings and in parking lots, and the actual areas of illumination. (2) The illumination glare from building and parking lot lights shall not be permitted to spill over § 230-20.5 ZONING § 230-20.6 into any adjoining lots. (3) Parking lot lighting. Freestanding lighting in parking lots shall not be higher than 20 feet. F. In order to discourage parking lots in front of buildings, except where development of single family attached homes is proposed, new buildings shall be oriented with the building front facing the street and situated close to the front property line to create a more continuous street wall. [Amended 3-2-2020 by L.L. No. 4-2020] G. Unified parking lot design. Notwithstanding any other provision of this chapter, in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic flow, the Planning Board shall have the authority in conducting site plan review to waive such open space, design guideline and parking lot buffer, screening and landscaping requirements as it deems advisable to encourage and foster the joint use of, and common access to, parking lots located on adjoining properties. The Planning Board may require as a condition of site plan approval the interconnection of parking facilities via circulation drives within and between adjacent lots, where necessary to mitigate impacts on traffic or parking resulting from a proposed plan that cannot be otherwise mitigated. In such cases, the Planning Board will require written easement agreements between the property owners to permit and maintain such interconnection of parking facilities. [Amended 6-4-2012 by L.L. No. 1-2012132] § 230-20.6. Design guidelines. [Amended 6-4-2012 by L.L. No. 1-2012] Each of the gateway areas should have a special character that should be preserved and enhanced. Accordingly, in addition to the design regulations set forth above in § 230-20.5 of this article, design guidelines have been established in the 2003 Comprehensive Plan for each of the three gateway areas that build upon the individual features of each district. A. South Riverside/Harmon. New development, landscaping and streetscaping in the South Riverside/ Harmon District shall be designed to enhance the district’s small-scale character and to improve connections between the railroad station and the South Riverside/Harmon shopping area. (1) Pedestrian and bicycle networks. To improve safety and accessibility in the Harmon/South Riverside area, the installation of sidewalks and bikeways along the south side of Croton Point Avenue shall be required as practicable. Any new sidewalks shall include paving treatments that are consistent with the sidewalk design incorporated in the commercial areas on South Riverside between Benedict Boulevard and Oneida Avenue. (2) Landscaping. Landscaping in the South Riverside/Harmon Gateway District shall conform to the regulations set forth in § 230-20.5C of this article and § 230-5 of the Zoning Code. In addition, street trees and ornamental shrubs shall be planted on the east and west sides of South Riverside Avenue to enhance the appearance of this corridor and create a more attractive entrance to the Village. (3) Streetscape. The Planning Board shall require the use of pedestrian-scale lighting and other streetscape features similar to those used in the North Riverside and Upper Village commercial areas, to visually link this district to other commercial areas and to create a more attractive and accessible pedestrian environment. 132. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” § 230-20.6 CROTON-ON-HUDSON CODE § 230-20.6 (4) Signage. All signage within the district shall conform to the signage regulations set forth in the Zoning Code. In addition, to reinforce the area’s role as a major gateway, the Planning Board shall encourage the design and placement of a distinctive gateway feature such as a clock or sculpture near the corner of Croton Point Avenue and South Riverside Avenue. B. Municipal Place. (1) Pedestrian networks. A network of pedestrian routes would provide safe and attractive links between the shopping plazas and other commercial sites, as well as to other major destination points such as schools, the library and recreation areas. In site plan applications the following shall be implemented wherever it is deemed practicable by the Planning Board: (a) The installation of sidewalks in the following locations within the Gateway Districts: [1] The west side of Maple Street along the parcel with the following Tax Map designation: 78.12-3-3. [2] The east side of Maple Street from Municipal Place to Hudson Street. [3] The north and south sides of Municipal Place between South Riverside Avenue and Maple Street. (b) The installation of sidewalks within each shopping plaza. These routes shall link directly to store entrances and to pedestrian crosswalks, and shall include landscaping, signage and seating areas that encourage pedestrian activity. (c) Any new sidewalks shall include paving treatments that are consistent with the sidewalk design incorporated in the North Riverside at Brook Street and Upper Village commercial areas. (2) Landscaping. Landscaping in the Municipal Place Gateway District shall conform to the regulations set forth in § 230-20.5C of this article and § 230-5 of the Zoning Code. In addition, landscaped islands, including ornamental trees and shrubs, shall be incorporated as practicable for the plaza parking lots. (3) Streetscape. The Planning Board shall require the use of pedestrian-scale lighting and other streetscape features similar to those used in the North Riverside at Brook Street or Upper Village commercial areas, to visually link this district to other commercial areas and to create a more attractive and accessible pedestrian environment. (4) Signage. All signage within the district shall conform to the signage regulations set forth in the Zoning Code. C. North End. New development, landscaping and streetscaping in the North End Gateway District shall be designed to preserve the district’s residential and rural feel, connect the district to the neighborhoods to the south, and provide a more defined entrance into the Village. (1) Pedestrian networks. The installation of sidewalks along the Route 9 side of Route 9A, approximately from the Village boundary line to the properties immediately south of Warren Road, and the installation of sidewalks on Warren Road between Route 9 and Route 9A shall be incorporated into site plans as practicable. Any new sidewalks along Route 9A shall include paving treatments that are consistent with the sidewalk design incorporated in the North Riverside at Brook Street and Upper Village commercial areas. § 230-20.6 ZONING § 230-20.7 (2) Landscaping. Landscaping in the North End Gateway District shall conform to the regulations set forth in § 230-20.5C of this article and § 230-5 of the Zoning Code. In addition, street trees and ornamental shrubs shall also be planted on the east side of Route 9 and the west side of Route 9A to form a buffer between these roads and the North End gateway properties. (3) Stone walls. The use of low stone walls consistent with existing built walls along property lines to screen parking, to provide a special identity for this district, and to visually link the district to similar features south of Warren Road shall be preferred in considering site plans. § 230-20.7. Compliance with Gateway District regulations. All site plan, change of use and special permit applications within a Gateway Overlay District shall provide a design guidelines compliance chart or drawing, which shall show how the application conforms to the gateway improvement plans set forth in the 2003 Comprehensive Plan and described in § 230-20.6 of this article. The Planning Board shall use such compliance chart or drawing in its review of the application. The applicant shall indicate to the Planning Board reasons for any noncompliance with the gateway improvement plans. § 230-20.8 ZONING § 230-20.9 ARTICLE IVB Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (WPOD) [Added 6-26-2024 by L.L. No. 11-2024] § 230-20.8. Findings and purpose. The purpose of the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District is to protect the health and welfare of residents living within the boundaries of the of the Indian Brook- Croton Gorge Watershed by minimizing the potential for groundwater and surface water contamination and taking steps to limit the severity of resource degradation. The Indian Brook-Croton Gorge Watershed encompasses portions of five municipalities, including the Towns of Cortlandt, New Castle, and Ossining, and the Villages of Croton-on-Hudson and Ossining. Since the actions of upstream municipalities can have as much of an impact on a downstream municipality's land and water resources as those actions carried out locally, a commitment from all municipalities within a watershed is critical to protecting the health of its resources. The intent of this article is to create a partnership for the comprehensive management of the Indian Brook-Croton Gorge Watershed by creating provisions for: A. Protecting and restoring the natural resources, most significantly the Croton River, Indian Brook Reservoir, existing wetlands and groundwater drinking sources; B. Developing and implementing stormwater management practices that will improve water quality; C. Promoting sustainable development through land use and environmental regulations; D. Preserving and protecting fish, wildlife, and significant habitat; and E. Educating the public. § 230-20.9. Definitions. For purposes of this article, the following definitions shall apply: AGRICULTURAL ANIMAL WASTE — Manure and other animal waste derived from agricultural industries. AQUIFER — A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries. CHLORIDE SALT — Any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each. DISCHARGE — Any intentional or unintentional action or omission in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the waters of the Village or onto lands from which the discharged substances or material might flow or drain into said waters, or into waters outside the jurisdiction of the Village, when damage may result to the lands, waters, or natural resources within the jurisdiction of the Village. FERTILIZER — Any commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients to plants. § 230-20.9 ZONING § 230-20.9 GENERATOR OF HAZARDOUS WASTE — Any person or site whose act or process produces hazardous waste. GROUNDWATER — Water contained in interconnected pores and fractures in the saturated zone in an aquifer. HAZARDOUS SUBSTANCE — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. HAZARDOUS WASTE — See 6 NYCRR Part 3 and amendments thereto for the identification and listing of hazardous wastes. HERBICIDE — Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, including those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto. LOW-IMPACT DEVELOPMENT (LID) — Refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. MANURE — Animal feces and urine. MINING — Any operation which involves the breaking of the earth's surface for the purpose of extracting and removing raw natural materials (such as topsoil) from the premises for the purpose of sale or off- premises use in excess of 25 cubic yards. MUNICIPAL WATER SUPPLY — Aquifers and watersheds within the Indian Brook-Croton Gorge Watershed that serve as water sources for municipal water systems. MUNICIPAL WATER SYSTEM — A water system which provides piped water to the public for human consumption as defined and regulated by 10 NYCRR Subpart 5-1. NATURAL RECHARGE — The replenishment of underground water reserves. NON-POINT DISCHARGE — Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements. OVERLAY MAP — The overlay map showing the boundaries of the Indian Brook-Croton Gorge Watershed Protection Overlay District within the Village. PEST — Any insect, rodent, fungus or weed; or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest, as provided inEnvironmental Conservation Law § 33-0101. PESTICIDE — Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, including any substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq. and amendments thereto. PETROLEUM — Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR Part 597.1(7) and amendments thereto. POINT SOURCE DISCHARGE — Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0 and amendments thereto. POLLUTANT — Any material or byproduct determined or suspected to be hazardous to human health or § 230-20.9 CROTON-ON-HUDSON CODE § 230-20.9 the environment as defined in in Environmental Conservation Law § 17-0105. SOLID WASTE — Includes all manner of useless or unwanted or discharged solid or semisolid nontoxic, domestic, commercial, industrial, institutional, construction and demolition waste materials, except hazardous, toxic, chemical, human or rendering wastes. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) — The system established pursuant to Article 17, Title 8, ofEnvironmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York. STEEP SLOPES — Any slope greater than 15% and as defined in Chapter 195, Steep Slope Protection, in the Village of Croton-on-Hudson Village Code. STORMWATER HOTSPOTS — A land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. For purposes of the Indian Brook Croton Gorge Watershed Protection Overlay District, the following land uses, and activities are deemed stormwater hotspots: A. Vehicle salvage yards and recycling facilities. B. Vehicle fueling stations. C. Vehicle service and maintenance facilities. D. Vehicle and equipment cleaning facilities. E. Fleet storage areas (bus, truck, etc.). F. Industrial sites. G. Marinas (service and maintenance). H. Outdoor liquid container storage. I. Outdoor loading/unloading facilities. J. Public works storage areas. K. Facilities that generate or store hazardous materials. L. Commercial container nursery. M. Other land uses and activities as designated by an appropriate review authority. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for controlling stormwater runoff and pollutants from a site during and after construction activities as regulated in Chapter 196, Stormwater, Drainage, Erosion and Water Pollution Control, of the Village of Croton-on-Hudson Village Code. SURFACE WATERS OF THE STATE OF NEW YORK — Lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal § 230-20.9 ZONING § 230-20.10 area in wetlands) nor resulted from impoundment of waters of the state. WASTEWATER — Water that is not stormwater, is contaminated with pollutants and is or will be discarded. WASTEWATER TREATMENT SYSTEM — Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, or other system not specifically mentioned in this definition, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater. WATER BODY — Any body of water which exists at least three months of the year as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code. WATER SUPPLY — The groundwater resources of the watershed, or the groundwater resources used for a particular well or community water system in the Indian Brook-Croton Gorge watershed. WATERCOURSE — Any identifiable channel through which water flows continuously or intermittently as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code. WATERSHED — The geographic region within which water drains to a particular wetland, water body, or watercourse. WATERSHED PROTECTION OVERLAY DISTRICT — Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The Watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in § 230-2 of this article. WELL — Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, but excluding ditches or tunnels, used to convey groundwater to the surface. WELLHEAD BUFFER — An area surrounding a municipal water system well, designated as a critical area for protecting the well, created by a 200-foot radius around each protected well. WETLAND BUFFER AREAS — An area surrounding a wetland, watercourse or water body that is subject to the regulations specified herein. Within the Indian-Brook Croton Gorge Watershed Protection Overlay District it is defined as the land area within 150 linear feet along the surface, away from, and around the perimeter of the outermost boundary of a wetland or watercourse or water body. A buffer is intended to provide protection from human activity and other encroachment associated with development. § 230-20.10. Applicability. A. The provisions of this article shall be applicable to all new land use, construction, or subdivision. Existing land use, construction, improvements and subdivisions within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District initiated or completed prior to the effective date of adoption of this article are not subject to the requirements herein. B. These prohibitions, restrictions, and principles shall be applied within the Watershed Protection Overlay District through the existing building and other land use permit, site plan review, and code enforcement procedures of each municipality in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District by its officers and boards. Additionally, all development in the watershed shall be in accordance with New York State Department of Environmental Conservation regulations related to environmental protection and stormwater management. C. Site plan review by the Planning Board is required for all new activities or property uses in the 133. Editor's Note: The Watershed Protection Overlay District Map is on file in the Village offices. § 230-20.10 CROTON-ON-HUDSON CODE § 230-20.12 Watershed Protection Overlay District, as required by § 230-67, and shall take into consideration the requirements and principles outlined in this article. D. Within the Watershed Protection Overlay District, all major subdivisions shall be designed as a conservation/cluster subdivision with a minimum of 30% of the parcel permanently preserved. § 230-20.11. Boundaries. A. The boundaries Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District is established on a map entitled "Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, Westchester County, NY 2023" (watershed map), which is adopted simultaneously herein. The particular municipal water supplies protected under this article include: (1) Indian Brook Reservoir/Indian Brook Basin: serves as a drinking water source for portions of the Town and Village of Ossining, and portions of the Town of New Castle. (2) Croton Gorge Basin and Croton River Aquifer: a water source for the Village of Croton-on- Hudson water system and a water source for individual wells within portions of the Town of Cortlandt and the Town of New Castle. B. Where uncertainty exists as to the boundaries shown on the Watershed Map, the following shall apply: (1) Where area boundaries are indicated as approximately following a street, railroad, or highway line or center lines thereof, such lines shall be construed as said boundaries. (2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a survey plat prepared by a registered land surveyor may be submitted to the municipality as evidence that one or more properties along these boundaries do not lie within the protected area. (3) Where the boundaries lie at a scaled distance of more than 25 feet from any parallel lot line, the boundaries shall be determined by use of the scale appearing on the watershed map. (4) Where the boundaries lie at a scaled distance of less than 25 feet from any parallel lot line, the boundaries shall be construed to be the lot line. (5) When a large parcel is bisected by the boundary, the applicant may submit a detailed topographical map of the property as documentation of those portions of the property that are within as well as outside the boundary. (6) Where other uncertainty exists, the authorized approval agency shall interpret the Watershed Map as to location of such boundaries. The municipality may, at the applicant's expense, consult with agencies or others in determination of a project's location within a protected area and applicability of these standards. C. A list of the specific parcels all or partially included in the Indian Brook-Croton Gorge Inter- Municipal Watershed Protection Overlay District within the Village is set forth in Appendix A of this article and the Zoning Map is hereby amended to include the parcels described in said appendix in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. 134. Editor's Note: Appendix A is on file in the Village offices. § 230-20.12 ZONING § 230-20.13 § 230-20.12. Effect of district. Within the WPOD, all underlying land use district rules remain in effect, except as they are specifically modified by this article. In case of a conflict between this article and the underlying use regulations, the more restrictive shall control. Nothing in this article shall be construed to allow uses that are not permitted by the underlying land use district. § 230-20.13. Prohibited uses and practices. The following uses shall be prohibited in the WPOD District: A. Disposal of hazardous material or solid waste. B. Treatment of hazardous material, except remediation programs authorized by a government agency for treating hazardous material that existed on the site prior to the adoption of this land use law. C. The creation or manufacturing of any hazardous materials. D. Dry cleaning, dyeing, printing, photo processing, and any other business that stores, uses, or disposes of hazardous material, unless all facilities and equipment are designed and operated to prevent the release or discharge of hazardous material. E. Disposal of septage or septic sludge. F. Automobile service and gas filling stations. G. New underground storage of petroleum. H. Petroleum product pipelines. I. Vehicle storage yards/truck terminals. J. Contractor's yards. K. The bulk storage of deicing salt, except in municipally approved impervious structures. L. Installation of dams, water diversions, and stream channelization, except undertaken directly in relationship to drinking water resources. M. Clearing of more than 30,000 square feet of vegetation without a site plan approval. N. Landfill of domestic, industrial, construction and demolition, or hazardous materials. O. Junkyards. P. Land spreading of sludge or ash, including domestic wastewater or waste industrial process material, except for ash from individual residential heating equipment. Q. New dry wells directly connected to any floor drain, garage drain, wash basin or sink. R. New fuel storage facilities in any amount greater than 660 gallons. S. Commercial trash containers and dumpsters which are not under a roof or which are located so that leachate from the receptacle could escape unfiltered and untreated. T. Any mining activities including consolidated and solution mining activities, unless permitted by the § 230-20.13 CROTON-ON-HUDSON CODE § 230-20.14 New York State Department of Environmental Conservation. U. Point source discharges, other than discharges authorized by permits issued by the New York State Department of Environmental Conservation. § 230-20.14. Performance criteria. A. All construction activities (as defined by the agency having approving jurisdiction) that involve soil disturbances greater than 5,000 square feet shall comply with the latest edition of the New York State Department of Environmental Conservation (NYSDEC) Stormwater Manual. All construction activities shall be required to meet the standards set forth in the SPDES General Permit for construction activities that involve soil disturbances greater than 5,000 square feet and all stormwater pollution prevention plans shall meet water quantity and quality controls for all new impervious surfaces as outlined below. B. Any new construction activity which creates new impervious surfaces greater than 5,000 square feet shall be treated for water quality volume (WQv), peak flows (cfs) and volume (cf) as outlined in the New York State Department of Environmental Conservation (NYSDEC) Stormwater Management Design Manual, latest edition, and Chapter 196, Stormwater, Drainage, Erosion and Water Pollution Control, and include enhanced requirements for pollutants of concern as outlined and incorporated in the Stormwater Management Design Manual, latest edition. C. Low-impact development (LID) practices shall be provided to the extent feasible for all new or redevelopment within the watershed, including the use of bioretention facilities, rain gardens, vegetated rooftops, rainwater harvesting, and permeable pavements. D. Pollutant loadings will not damage any wetland, water body or watercourse. E. Grading and removal of vegetation is minimized for all construction. F. Septic systems must be pumped at least once during every three-year period. G. The storage and stockpiling of manure and other animal waste for use in agricultural operations, agricultural use of fertilizers and land application of manure, and pesticide (including herbicide) storage and use shall comply, to the maximum extent possible, with the practices detailed in the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Protect Water Quality," published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State." H. Fertilizers, pesticides, and herbicides shall not be applied in a manner or at a rate which contributes to or causes a contravention of the water quality standards set forth in 6 NYCRR 7 to 705. I. Pesticide storage and use (including herbicides) are subject to the approval of, and shall comply with the regulations of, the New York State Department of Environmental Conservation. J. Disposal of pesticide, including herbicides, is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation. K. Disposal of water used for pesticide makeup water or for washing of pesticide equipment is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation. § 230-20.14 ZONING § 230-20.15 L. Use of streams as sources of water for the washing of equipment used in conjunction with pesticide or herbicide application is prohibited. M. Lawn chemicals (pesticides and herbicides) shall not be applied within 25 linear feet of any watercourse, or within a wellhead buffer area. N. Storage of chloride salts and coal shall be in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and run-off. O. Chloride salt application, Deicing chloride salt use is restricted to the minimum amount needed for public safety as determined by the Superintendent of Public Works. P. Any petroleum storage tank(s) installed or replaced after the effective date of this article must be aboveground or fully visible for inspection within the basement or other interior space, and secondary containment is required for all new tanks. § 230-20.15. General provisions for wetlands, watercourses, water bodies, wetland buffers areas and steep slopes. These regulations apply to all wetlands, watercourses, water bodies and buffer areas as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code and located within the Indian Brook- Croton Gorge Inter-Municipal Watershed Protection Overlay District (regardless of size). A. Development of wetlands, watercourses, water bodies and buffer areas are to be avoided except where no reasonable alternative exists or where the applicant would otherwise suffer undue hardship if a permit is not issued. In the event such development is approved, impacts shall be minimized to the greatest extent practicable, and a mitigation plan shall be prepared. B. All applications for permits to disturb wetlands, watercourses, water bodies and buffer areas in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District shall follow the requirements contained in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code, unless a more stringent or restrictive requirement is listed in this section. C. As a condition of the granting of any wetland permit within the Indian Brook-Croton Gorge Inter- Municipal Watershed Protection Overlay District, the approving authority shall require that the applicant submit a mitigation plan per the requirements listed in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code. D. Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the applicant shall be required to create replacement wetlands or restore, re-create or enhance existing wetlands equal to twice the area of wetland directly impacted. E. Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, buffers shall be regulated as follows: (1) Buffers. (a) Buffers along wetlands and water bodies (as defined in Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code) must extend a minimum of 150 feet horizontally away from and paralleling the delineated wetland boundary. (b) Buffers along watercourses (Chapter 227, Wetlands, of the Village of Croton-on-Hudson Village Code) extend a minimum of 150 feet horizontally away from and paralleling the § 230-20.15 CROTON-ON-HUDSON CODE § 230-20.15 highwater mark or level of bank full discharge. In undeveloped areas, the buffer shall also be extended to include the 100-year floodplain. (c) Buffers along steep slopes adjacent to wetlands shall extend 150 feet horizontally. (2) Buffer vegetation. (a) Planting within buffers shall be based on a site-specific planting plan designed to maximize the buffer's capacity to intercept stormwater runoff, stabilize banks, improve water quality, and provide habitat. Planting shall incorporate: [1] A diverse mix of perennial native species. [2] Trees and shrubs with dense ground cover to protect soil. [3] Salt-tolerant plants in areas where road salt is used. [4] Steep slopes: native perennial grasses; trees and woody shrubs along the water's edge. [5] Bank erosion control: plants with fibrous root systems; deep-rooted woody species. (3) Allowable buffer uses. (a) Unpaved foot paths, recreational access, revegetation planting and mitigation planting per the requirements listed above, manual removal of invasive species, removal of trees that pose a safety hazard. (4) Restricted buffer uses. (a) New impervious surfaces, construction of roads, structures or pipelines. (b) Removal of vegetation or trees (except for safety purposes). (c) Excavation and grading. (d) Additional lawn. (e) Mining. (f) Septic tank drain fields. (g) Agriculture and livestock. (h) De-icing application of road salt. (i) Waste disposal or dumping of trash, yard waste and debris. (j) Application of lawn-based pesticides, herbicides and fertilizers. (k) Dams, water diversions, stream channelization. (l) All other activities not specifically listed above are subject to federal, state and local permit procedures. F. Special provisions. These special provisions apply to new development in previously developed areas: § 230-20.15 ZONING § 230-20.18 (1) The protected buffer shall be as wide as the site allows, subject to the above-listed conditions where possible, and maintaining as much vegetated cover as possible within 150 feet of wetland or watercourse, especially in areas where bank erosion is evident. (2) Alternative or additional conservation practices [including low-impact development (LID)] to reduce runoff load into a wetland or watercourse shall be applied. § 230-20.16. Wellhead buffers and stormwater hotspots. Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, no disturbance within 200 feet of any wellhead or stormwater hotspot shall be permitted. Wellhead buffer areas and stormwater hotspots shall be protected as follows: A. Construction activities within 200 feet of a wellhead is prohibited except those used for municipal water system purposes such as pumping, treatment, and control facilities and equipment. Wellhead buffer areas shall not be used for any purpose other than municipal water supply, except when a permit has been issued by the Village Board for nonintrusive recreation uses such as picnicking, nature study, fishing, or hiking. The wellhead buffer shall be posted prohibiting trespass for any purpose except as permitted in this subsection. B. Construction activities within 200 feet of a stormwater hotspot is prohibited. § 230-20.17. Enforcement. A. Compliance orders. The Building Inspector or Village Engineer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this article. Upon finding that any such condition or activity exists, the Building Inspector or Village Engineer shall issue a compliance order. The compliance order shall: (1) Be in writing; (2) Be dated and signed by the Building Inspector or Village Engineer; (3) Specify the condition or activity that violates this article; (4) Specify the provision or provisions which is/are violated by the specified condition or activity; (5) Specify the period of time which the Building Inspector or Village Engineer deems to be reasonably necessary for achieving compliance; (6) Direct that compliance be achieved within the specified period of time; and (7) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. B. The Engineering Department shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Engineering Department shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order. § 230-20.18 CROTON-ON-HUDSON CODE § 230-20.18 § 230-20.18. Penalties for offenses. Any person who shall violate any provision of this article shall be subject to the applicable penalties under this article, and any other applicable code or ordinance, without limitation. The chapter penalties are: A. Fines. The person who violates any provision of this article shall be liable for a civil penalty of not more than $2 for each day or part thereof during which such violation shall be continued. B. Alternatively, or in addition to any action to recover civil penalties provided by Subsection A, the Village Attorney may institute any appropriate action or proceedings to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of this article. ARTICLE V Special Districts [Added 1-11-1982 by L.L. No. 2-1982135; amended in its entirety 1-31-2005 by L.L. No. 1-2005] § 230-21. Multiple Development Use.136 A. Purpose. A multiple development use (MDU) is intended to: (1) Facilitate development consistent with the Comprehensive Master Plan of the Village. (2) Achieve variety and flexibility in land development. (3) Promote development which will preserve the natural environment. (4) Encourage efficiency in the use of land. (5) Preserve features of unusual historic or scenic value. (6) Permit development of larger tracts of land as a unit. B. Eligibility requirements. Each multiple development use shall be comprised of 1 or more contiguous acres of land under single ownership. C. General conditions. (1) A multiple development use designation shall require the tract so designated to be developed as a unit pursuant to one site development plan covering the entirety of the designated contiguous tract of land. (2) A multiple development use designation shall be effected by the Village Board of Trustees as an amendment to the Village Zoning Map, in accordance with the procedures set forth in Article XVI of this chapter and such regulations as the Village has adopted or may in the future adopt under such article. (3) A multiple development use must be consistent with the goals of the Comprehensive Master Plan of the Village, and it will be the responsibility of the applicant to demonstrate such consistency. (4) After designation of a tract of land as a multiple development use by the Village Board of Trustees, development of the same shall be subject to preliminary and final site development plan approvals by the Planning Board, in accordance with the procedures set forth in Article XI of this chapter and such regulations as the Village has adopted or may in the future adopt under such article. D. Permitted uses. (1) All uses permitted for the land immediately prior to its designation as a multiple development 135. Editor's Note: This local law repealed original § 3.13, Planned Unit Development. Pursuant to the provisions of former § 3.13, PUD District #1 was established for a tract of land identified on the Village Tax Maps as Section 60, Block 401, parts of Lots 1B and 1D. The specific requirements for PUD District #1 are found in Article XVI of L.L. No. 6-1979, on file in the office of the Village Clerk. 136. Editor's Note: L.L. No. 2-1982, adopted 1-11-1982, which added this section to this Code, also repealed original § 3.13, Planned Unit Development. Pursuant to the provisions of former § 3.13, a PUD District #1 was established for a tract of land identified on the Village Tax Maps as Section 60, Block 401, parts of Lots 1B and 1D. The specific requirements for PUD District #1 are found in Article XVI of L.L. No. 6-1979, on file in the office of the Village Clerk. use shall be deemed permitted uses, except that retail sales and banks shall not be permitted. (2) In designating land as a multiple development use, the Village Board of Trustees may also permit any or all of the following uses, provided that it is established to the satisfaction of the Village Board of Trustees that such use is an integral part of the proposed development, is logically related to its needs and is consistent with the goals of the Master Plan. (a) For land located in an RA, RB or RC Zoning District, such uses as are permitted in any residential zoning district; in a C-1 District, scaled primarily to meet the needs of the residents of the MDU, except that such scaling down need not be required for uses found in § 230-16A(3), (4), (5) and (6) and in an O-1 District; and (b) For land located in a zoning district other than RA, RB or RC, such uses as are permitted in a nonresidential zoning district. In determining the permitted uses, consideration shall be given to the size of the site and the location with respect to community services, facilities and transportation. Any permitted use other than those uses permitted for the land immediately prior to its designation as a multiple development use shall be deemed conditional permitted uses, revocable as provided in this chapter. E. Site development standards. (1) All bulk, height and parking regulations applicable to the district in which the land is located shall apply to an MDU except as otherwise provided by the Board of Trustees, which is empowered to modify the applicability of any such regulation by the resolution designating and approving a multiple development use; provided, however, that in no event shall: (a) The maximum residential density exceed 110% of the density allowed before the land was designated as an MDU. (b) A grouping of residences exceed 200 feet in length. (c) The distance between a grouping of residences be less than the height of the tallest building in the group. (2) Determination of maximum density. (a) The determination of the maximum permitted density allowed before the land was designated as an MDU and before any bonus shall be based on the existing zoning and the size of the parcel without reduction for such factors as internal roads or the requirement of dedication of property for recreational facilities. (b) An application for designation as an MDU shall not be accompanied by an application for rezoning of the land into a less restrictive district. It is the intent of this subsection that an MDU shall not be used as a basis for increasing residential density beyond the limits specified in this Subsection E(2). (c) Residential density in excess of that allowed prior to designation as an MDU shall be permitted only for architectural excellence, inclusion of recreational facilities, such as a swimming pool or tennis courts, or other elements contained in the MDU which are of special benefit to the Village, meet general community needs or reduce the potential strain on other community facilities. F. Procedures for MDU designation and approval of site development plans. (1) An MDU shall be designated by the Village Board of Trustees as an amendment to the Zoning Map on petition of the owner of the tract of land for which an MDU designation is sought. (2) A petition for MDU designation shall be filed with the Village Board of Trustees, accompanied by such fee as the Village Board of Trustees may from time to time set in the regulations under this section.137 Such petition shall be supported by a preliminary site development plan containing the information required by Article Xl of this chapter and such regulations as the Village has adopted or may in the future adopt under such article. The submission shall also include the following documentation: (a) Evidence of how the particular mix of land uses meets the needs of the residents of the proposed MDU as well as general community needs. (b) Evidence that the proposal is compatible with the goals of the Master Plan. (c) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the preliminary site development plan shall show the intended total project. (3) A petition for MDU designation and all supporting submissions shall be referred by the Village Board of Trustees to the Planning Board, and a recommendation shall be made by the Planning Board to the Village Board of Trustees pursuant to and within the terms provided by Article XVI of this chapter. Subsequent to receipt of the recommendation of the Planning Board or to the expiration of the above-mentioned term, without recommendation of the Planning Board and after public hearing as provided by § 230-180C, the Village Board of Trustees shall act upon the petition. If said decision should grant the petition and amend the Village Zoning Map, the decision shall state the permitted uses, density, bulk and parking regulations and other regulations and conditions, as provided in this chapter. Such conditions may include but are not confined to visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems, availability of sites within the area for necessary public services, protection of natural sites and other such conditions that may be required by the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood. [Amended 9-12-2023 by L.L. No. 17-2023] (4) After the decision of the Village Board of Trustees amending the Village Zoning Map to designate a tract of land as an MDU, the owner shall submit to the Planning Board preliminary and/or final site development plans. The Planning Board shall approve, approve conditionally or disapprove such plans, in accordance with Article XI of this chapter and such regulations as the Village has adopted or may in the future adopt under such article. In acting upon such submission, the Planning Board shall be bound by the terms of the Village Board of Trustees' amendment to the Village Zoning Map designating as an MDU the tract of land covered by the submission. (5) The Planning Board shall not approve any site development plan covering less than the entirety of a tract of land designated as an MDU. (6) Prior to the issuance of a building permit, all site development plans shall be subject to approval by the Planning Board. 137. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. G. Lapse of approval of site development plan. If no construction has begun or no use has been established in the MDU within one year from the date of the Planning Board's approval of the final site development plan, said approval shall lapse and be of no further effect. If construction has begun or use has been established within one year from the date of the Planning Board's approval but the development has not been completed within three years of said approval, then said approval shall, except as provided in Subsection I relating to phasing of development, lapse and be of no further effect in relation to the uncompleted part of the development. Upon such lapse, any conditionally permitted use, regulation and condition made in connection with the designation of the multiple development use shall also lapse, and the land shall automatically be rezoned to its prior use classification. H. Performance guaranty. The Village Board of Trustees shall, as a condition of the amendment of the Village Zoning Map designating an MDU, require a bond on terms satisfactory to said Board, guaranteeing performance of the final site development plan approved by the Planning Board. I. Phasing of development. The Village Board of Trustees in its amendment to the Village Zoning Map designating an MDU or the Planning Board in its approval of the final site development plan for an MDU may permit or require that such development be phased over a number of years and may direct the chronological order of development. In such case, the term beyond which failure to complete the development shall result in lapse of the Planning Board's approval under Subsection G shall be, in respect of each phase of the development, that stipulated for that phase. J. Amendment of site development plan. Any application for amendment of an approved site development plan shall be dealt with by the Planning Board under Article XI of this chapter in the same manner as an original site development plan application, except to the extent that the required information is contained in the approved site development plan. In acting upon an application for such amendment, the Planning Board shall be bound by the terms of the Village Board of Trustees' amendment to the Village Zoning Map designating as an MDU the tract of land covered by the approved site development plan. K. Revocation of MDU designation. The Village Board of Trustees may revoke the designation of a tract of land as an MDU as an amendment to the Village Zoning Map and in accordance with the procedure set forth in Article XVI of this chapter. Upon such revocation, all uses, bulk and parking regulations and other regulations and conditions affecting the development of such tract of land shall be those of the original zoning district of said tract of land.138 § 230-22. Waterfront Development (WD) District.139 A. Purposes. The Waterfront Development District zoning provisions are intended to facilitate the development of property along the Hudson River waterfront while: (1) Being consistent with the overall intent of the Village's Master Plan. (2) Being consistent with the provisions of the Village's Local Waterfront Revitalization Program. (3) Being consistent with the overall intent of the Village's Greenway Vision Plan. 138. Editor's Note: Former § 3.15, Riverfront Development Use, added 8-19-1985 by L.L. No. 4-1 to follow this section, was repealed 8-21-1989. Local Law No. 8-1989 repealed the definitions of "shoreline" and "dry-land" from § 230-4 and also provided that the repeal shall not affect any site plan approval or other implementing action with respect to any property which had theretofore received a riverfront development use designation. 139. Editor's Note: L.L. No. 1-2005 repealed former Article VA, Waterfront Development District, and renumbered former §§ 230-31.1 through 230-31.11 as § 230-22. (4) Enhancing and utilizing the potential of the Village's riverfront. (5) Strengthening the physical integrity of the Hudson River waterfront and the economic viability of the Village. (6) Expanding the use and public accessibility to the Village's Hudson River waterfront for purposes of recreation, leisure and year-round residence. (7) Encouraging the development of larger tracts of land as single, unified and comprehensive projects. B. Eligibility. Each Waterfront Development District shall be comprised of 1 or more contiguous acres of dry land under single ownership and shall have a minimum of 1,000 feet of shoreline along the Hudson River. C. General conditions. (1) Single development plan. The Waterfront Development District designation shall require the tract so designated to be developed pursuant to one site development plan covering the entirety of the designated tract of land and showing the complete development of the site, including any phasing which may be permitted or required in accordance with § 230-22K(5)(d) below. (2) Amendment to Zoning Map. A Waterfront Development District designation shall be effected by the Village Board of Trustees as an amendment to the Village's Zoning Map, in accordance with the procedures set forth in Article XVI of this chapter and such regulations as the Village has adopted, or may in the future adopt, under such article. (3) Site development plan approval. Proposed development of a tract of land in a Waterfront Development District shall be subject to preliminary and final site development plan approvals by the Planning Board, in accordance with the procedures set forth in Article XI of this chapter, and such regulations as the Village has adopted, or may in the future adopt, under such article. Notwithstanding the above, the Planning Board may employ a single-phase site development plan review and approval process where, in the Planning Board's judgment, said single-phase process will be equally protective of the public health, safety and general welfare and will serve equally to implement the purposes enumerated in §§ 230-2 and 230-22A of this chapter. Any changes in the uses, layout, buildings, structures or other aspects of the development shall require a site development plan amendment and corresponding Planning Board review and approval in conformity with the procedures set forth in Article XI and any regulations thereunder. D. Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: (1) Recreational uses. The following recreation facilities: (a) Swimming, waterskiing, fishing, sailing and boating. (b) Ice skating. (c) Tennis, platform tennis and other racquet sports, handball, basketball and other similar sports. (d) Picnic areas, playgrounds and trails. (2) Residential uses. The following types of residential development: (a) Attached or detached single-family dwellings. (b) Two-family dwellings. (c) Multiple-family dwellings. (d) Recreational and public assembly facilities associated with residential development. (3) Special permit uses. Subject to the issuance of a special permit by the Village Board of Trustees, the following uses: (a) Restaurants. (b) Marinas and yacht clubs. (c) Ferry terminals. (d) Docks and piers for any permitted use under this section. (e) Repair facilities for recreational boats. (f) Public utilities. (g) Municipal facilities subject to § 230-4 of this chapter. (h) Cultural uses: [1] Theaters for the performing arts. [2] Temporary art, craft and educational exhibits. [3] Band shells. [4] Museums. (4) Additional considerations. The Planning Board, before recommending approval of a special permit for any of the uses set forth in § 230-22D(3) above, and the Village Board, before approving an application for such a special permit, shall consider, in addition to the requirements and objectives set forth in Article X of this chapter, the following: (a) Compatibility of the proposed use(s) with the use(s) of adjacent buildings and property. (b) Absence or prevalence of similar uses within the vicinity of the site and within the Village. (c) Off-street parking demands of the proposed use(s). (d) The public access aspects of the project in relation to the requirements of § 230-22J of this chapter. (e) Any other factors that may be deemed significant by either board in relation to the proposed use(s) and any neighboring use(s). E. Accessory uses. No accessory uses shall be permitted except for those which are deemed by the Planning Board during the site development plan review process to be customarily incidental to the permitted uses in § 230-22D(1) through (3) above and the following: [Amended 11-3-2014 by L.L. No. 2-2014] (1) Customary home occupations in accordance with the requirements of § 230-9.1A(10)(a) of this chapter. (2) Professional offices or studios in accordance with the requirements of § 230-9.1A(10)(b) of this chapter. (3) Retail sales of items incidental to the conduct of nonresidential uses approved on the final site development plan. (4) Tier 1 and Tier 2 solar energy systems. [Added 8-12-2019 by L.L. No. 8-2019] F. (Reserved)140 G. Enclosure. All permitted uses and all storage and accessory uses thereto, other than off-street parking and recreational facilities and activities that by their nature are placed or conducted out of doors (or such other uses as are deemed by the Planning Board during the site development plan review process to be more appropriately conducted in nonenclosed facilities), shall be carried on in structures fully enclosed on all sides. The outdoor storage of boats on dry land may be permitted, provided that there is adequate screening as shown on the approved site development plan. H. Landscaping. The entire tract shall be suitably landscaped, as shown on the approved site development plan. All landscaping shall be properly maintained throughout the life of the approved uses of the development, in accordance with the provisions of § 230-7 of this chapter. I. Bulk, height and parking requirements. The respective minimum and maximum requirements and standards for all uses shall be as follows: (1) Density. (a) Market-rate dwelling units. The residential density shall not exceed a maximum of one dwelling unit for every 5,000 square feet of dry-land area. (b) Affordable dwelling units. The Village Board of Trustees may permit additional dwelling units not to exceed 5% of the number calculated in accordance with the provisions of Subsection I(1)(a) immediately above, if the additional dwelling units are deemed by the Board of Trustees to be affordable units. The affordable dwelling units shall be integrated among the market-rate units in the project. (2) Building height. The maximum building height shall be three stories and 37 feet, except that no building within 75 feet of the mean high-water line of the shoreline shall exceed two stories and 25 feet. (3) Building length. The maximum horizontal dimension of any building or structure shall not exceed 250 feet. (4) Building spacing. The distance between any two buildings shall not be less than 40 feet, except that unenclosed decks of reasonable depths, as determined by the Planning Board during site development plan review, may extend into the forty-foot-wide separation area. (5) Open space. At least 20% of the tract of land shall constitute "open space," as such term is 140. Editor's Note: Former § 230-31.6, Signs, was repealed 3-19-2001 by L.L. 3-2001. See now § 230- 44P. defined by this chapter. (6) Habitable floor area. The minimum habitable floor area per dwelling unit shall be 750 square feet, except for affordable dwelling units, in which case the minimum habitable floor area per dwelling unit shall be 600 square feet. (Note: The exact amount of floor area is to be determined in concert with the Village's Affordable Housing Committee.) (7) Building coverage. The footprints of the buildings in the project shall not exceed 30% of the total dry-land area of the tract. (8) Floor area ratio. The floor area ratio of the proposed use shall not exceed 0.5 of the dry-land area of the tract. (9) Marina size. (a) The length of a marina in the project shall not exceed 60% of the site's shoreline. (b) The maximum plan depth of a marina shall be the lesser of 12% of the site's shoreline or 300 feet. (10) Off-street parking spaces. The minimum number of off-street parking spaces included in the project shall be: (a) Per dwelling unit: 2.0 spaces, plus a number of reserved guest spaces to be determined by the Planning Board during the site development plan review process; plus (b) Per employee: 1.0 space; plus (c) Per marina slip or mooring: 0.5 space; plus (d) For all other uses: spaces in accordance with the provisions of this chapter. (11) Setbacks. No structure, other than for a special permit use listed in § 230-22D(3) above, shall be permitted within 25 feet of the mean high-water line of the shoreline and no structure, regardless of use, shall be permitted within 20 feet of a street line or lot line, except as specifically permitted by the Planning Board during the site development plan review process, based on a demonstration by the applicant that the reduced setback will be sufficient to adequately separate adjacent land uses. J. Public access. (1) Right-of-way or easement. In order to foster the purposes of this article, in order to implement the policies expressed in the documents listed in § 230-22A above and in order to increase public pedestrian access to and the potential for enjoyment of the Hudson River waterfront, the site development plan shall show a dry-land right-of-way or easement for the enjoyment of the public, which easement shall be not less than 20 feet in width traversing the entire length of the site unless configured otherwise by the Planning Board during the site development plan review process. To the maximum extent practicable, said right-of-way or easement shall be integrated so as to create linkages with existing and anticipated public pedestrian and bicycle trail systems on adjacent lands. (2) Public recreational and/or cultural facilities. Ten percent of the total dry-land area of the site shall be developed as suitable public recreational and/or cultural facilities, identical or similar to those set forth in § 230-22D(1) and D(3)(h) of this chapter. In determining adherence to this requirement, land used for public trails and walkways [excluding residential sidewalks but including the right-of-way or easement required by § 230-22J(1) immediately above], bike paths and boat-launching facilities shall be included. In meeting this requirement, a minimum of 0.5 acre shall be in the form of public recreational and/or cultural facilities identical or similar to those set forth in § 230-22D(1) and D(3)(h), excluding associated parking spaces. (3) Meanings of "public." For the purposes of § 230-22J(1) and J(2) immediately above, the usage of and access to the respective public facilities shall be as determined by the Village Board of Trustees, on a case-by-case basis, during the designation of a tract of land as a Waterfront Development District; said facilities may be open to the general public or restricted to Village residents as deemed appropriate by the Village Board. In any event, usage of and access to such facilities shall either be at no cost or will require no more than a nominal fee. If deemed appropriate by the Planning Board during the site development plan review process, the common and private recreational facilities specified in § 230-22J(4) below may be allowed to fulfill part of the 10% set aside for public recreational and/or cultural facilities required in § 230-22J(2) above. (4) Other common and private recreational facilities. Residential developments may also have other permitted recreational facilities which are common and private to the development and which may also be available to adjoining development. K. Procedures for district designation and site development plan approval. (1) Designation. A Waterfront Development District shall be designated by the Village Board of Trustees as an amendment to the Zoning Map on the initiative of the Board of Trustees or on petition of the owner of the tract of land for which a Waterfront Development District designation is sought. (2) Petition procedure. If the Waterfront Development District designation is based upon a petition from the owner of the tract of land, a petition for the Waterfront Development District designation shall be filed with the Village Board of Trustees, accompanied by such fee as the Village Board of Trustees may from time to time set in the regulations associated with this article. Such petition shall be supported by a site development plan containing the information required by Article XI of this chapter and such regulations as the Village has adopted, or may adopt in the future, under such article. The submission shall also include the following documentation: (a) Evidence of how the proposed use(s) would meet the needs of the residents of the project as well as general community needs. (b) Evidence that the proposal is generally compatible with the goals of the Village's Master Plan, its Local Waterfront (c) Revitalization Program, its Greenway Vision Plan and the purposes of this article. (c) If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the site development plan shall show the total project. (3) Referral to Planning Board and designation decision. The proposed designation of a Waterfront Development District by the Village Board of Trustees or the petition for a Waterfront Development District designation by the owner of the tract of land and all supporting submissions shall be referred by the Village Board of Trustees to the Planning Board. A recommendation shall be made by the Planning Board to the Board of Trustees pursuant to and within the term provided by Article XVI of this chapter. Subsequent to the receipt of the recommendation of the Planning Board, or subsequent to the expiration of the above-mentioned term without the recommendation of the Planning Board, and after public hearing as provided by Article XVI of this chapter and the conclusion of the state environmental quality review process, the Village Board of Trustees shall act upon the petition. (4) Designation conditions. A Waterfront Development District designation may be contingent upon terms and conditions pertaining to, but not limited to, mix of land uses, visual and acoustical screening, the sequence of construction and/or occupancy, systems for vehicular and pedestrian circulation, availability of sites for necessary public services, protection of natural resources and other such conditions that may be required for the public health, safety and general welfare and for the comfort and convenience of the public in general and the residents and landowners of the project and the immediate neighborhood in particular. (5) Site development plan. Prior to development in a Waterfront Development District, the owner of the tract of land or his designee shall submit to the Planning Board a site development plan. The Planning Board shall be bound by the terms and conditions of the Village Board of Trustees' amendment to the Village Zoning Map designating the tract of land as a Waterfront Development District. (a) Access. The site development plan submission shall include a detailed plan for the applicant's construction (and maintenance, if dedication to the Village would not ensue) of vehicular and pedestrian access to the site, if such access is not already provided adequately by Village-maintained streets and roads. (b) Site development plan approval. [1] Site development plan approval shall be conditioned upon the development being designed to adequately preserve an open character with respect to principal views of the Hudson River from residential areas of the Village as well as principal views from the Hudson River to residential areas of the Village, through the appropriate placement, spacing, height and bulk of buildings and structures. [2] The Planning Board shall not approve any site development plan covering less than the entirety of the tract of land designated as a Waterfront Development District. (c) Lapse of approval of site development plan. If no construction has begun or if no use has been established in the project within one year from the date of the adoption of the Planning Board's resolution of site development plan approval (final site development plan approval in the case of a two-phase process), said approval shall lapse and be of no further effect. If construction has begun or if the use has been established within said one-year period, but if the development has not been completed within three years of said approval, then said approval shall, except as provided in § 230-22K(5)(d) of this chapter relating to the phasing of development, lapse and be of no further effect in relation to the uncompleted part of the development. The Planning Board may, in its discretion, extend said three-year completion period, upon application prior to its expiration, if such extension is warranted by the particular circumstances of the development. (d) Phasing of development. The Village Board of Trustees in its amendment to the Village Zoning Map designating a Waterfront Development District based upon a petition by a landowner, or the Planning Board in its approval of the site development plan, may permit or require that such development be phased over a number of years and may direct the chronological order of development. In such case, the term beyond which failure to complete the development shall result in a lapse of the Planning Board's approval under § 230-22K(5)(c) above shall be stipulated by the Board of Trustees or Planning Board for each phase of development. The public recreational and/or cultural facilities required by § 230-22J(2) of this chapter and any other recreational and/or cultural facilities shall not constitute the final phases of the project. (e) Guarantee of performance. The Planning Board shall, as a condition of site development plan approval, require a performance guarantee with terms satisfactory to said Board, for the purpose of guaranteeing performance by the applicant with respect to improvements and infrastructure to be offered in dedication to the Village, erosion and sedimentation control measures and potential site restoration measures regarding the approved site development plan. (f) Amendment of the site development plan. Any application for amendment of an approved site development plan shall be processed by the Planning Board in the same manner as an original site development plan application, except to the extent that the required information is contained on the approved site development plan. In acting upon an application for such amendment, the Planning Board shall be bound by the terms and conditions of the Village Board of Trustees' amendment to the Village Zoning Map designating the tract as a Waterfront Development District. (6) Amendment of Waterfront Development District designation. The Village Board of Trustees may amend the designation of a tract of land as a Waterfront Development District as an amendment to the Village Zoning Map, in accordance with the procedures set forth in Article XVI of this chapter. Upon such amendment, all uses, bulk and parking regulations, and other provisions and conditions affecting the development of such tract of land, shall be those of the new zoning district designation of said tract. § 230-23. through § 230-31. (Reserved) ARTICLE VI District Bulk and Parking Regulations § 230-32. Adoption of standards. [Amended 1-31-2005 by L.L. No. 1-2005] The following schedules of regulations applying to the area of lots, the height of buildings, the yards and other open spaces to be provided, off-street parking spaces, minimum floor areas and all other matters contained therein, as indicated for the various districts established by this chapter, are hereby adopted and declared to be a part of this chapter. § 230-33. One-Family RA-60, RA-40, RA-25, RA-9 and RA-5 Districts. [Amended 1-21-1985 by L.L. No. 1-1985; 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014] A. Bulk and parking regulations for One-Family Districts. The bulk and parking regulations for One- Family Residence Districts RA-60, RA-40, RA-25, RA-9 and RA-5 shall be as follows: (See also Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities.) For Uses in RA-60 RA-40* RA-25* RA-9* RA-5* Minimum Required Lot area (square feet) 60,000 40,000 25,000 9,375 5,000 Lot width (feet) 175 150 125 75 50 Lot depth (feet) 225 200 150 125 100 Front yard (feet) 50 50 40 25 15 One side yard (feet) 30 30 20 12 8 Both side yards (feet) 80 80 50 30 20 Rear yard (feet) 45 40 30 30 25 Minimum habitable floor area per dwelling unit Total (square feet) 1,400 1,400 1,200 1,000 880 Main floor (square 880 880 880 880 -- feet) Off-street parking 2 2 2 2 2 spaces per dwelling unit Maximum Permitted Building height Stories 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 Feet 35 35 35 35 35 For Uses in RA-60 RA-40* RA-25* RA-9* RA-5* Building coverage 15 20 25 35 40 (percent) Floor area ratio 0.15 0.15 0.20 0.40 0.55 *NOTE: All permitted nonresidential uses shall conform to the regulations for such uses in RA-60 Districts. B. Calculating floor area ratio (FAR) for oversized and undersized one-family residences. The permitted floor area for one-family homes on lots that are larger or smaller than the minimum zoning lot size is obtained by multiplying the FAR for the zoning district in which the home is located by the lot size. For example, for a 50,000 square foot lot in an RA-40 District, multiply 50,000 by 0.15. § 230-34. Two-Family RB Districts and Multifamily Residence RC Districts. [Amended 1-21-1985 by L.L. No. 1-1985; 1-31-2005 by L.L. No. 1-2005] The bulk and parking regulations for Two-Family Residence RB Districts and Multiple Residence RC Districts shall be as follows: (See also Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities.) RB Districts RC Districts One-Family Two-Family One-Family Multiple- Residence Residence Residence Residence Minimum Required Lot area (square feet) Total 5,000 -- 9,375 4 acres Per dwelling unit -- 2,500 -- 3,000 Lot width (feet) 50 75 75 200 Lot depth (feet) 100 100 125 200 Front yard (feet) 20 20 25 40 One side yard (feet) 8 12 12 25 Both side yards (feet) 20 30 30 50 Rear yard (feet) 25 30 30 30 Minimum habitable floor area per dwelling unit Total (square feet) 880 600 1,000 600 Main floor (square feet) -- -- -- 880 Off-street parking spaces per 2 1 2 1.5 dwelling unit Usable open space RB Districts RC Districts One-Family Two-Family One-Family Multiple- Residence Residence Residence Residence Per dwelling unit -- 400 -- 400 Maximum Permitted Building height Stories 2.5 3 2.5 2 Feet 35 35 35 30 Building coverage 40% 40% 35% 30% Floor area ratio1 0.60 0.60 0.40 0.55 NOTE: All permitted nonresidential uses shall conform to the regulations for such uses in RA-40 Districts. 1 The procedure for calculating floor area for oversized and undersized lots in RB and RC Districts is the same as for one-family residence districts. See § 230-33B for instructions on calculating floor area in under- or oversized lots. § 230-35. Limited Office O-1, Central Commercial C-1 and General Commercial C-2 Districts. [Amended 1-25-1985 by L.L. No. 1-1985; 1-7-2002 by L.L. No. 1-2002; 1-31-2005 by L.L. No. 1-2005; 1-2-2007 by L.L. No. 1-2007; 3-2-2020 by L.L. No. 5-2020] The bulk and parking regulations for Limited Office O-1, Central Commercial C-1, Riverside Commercial C-1R(A), Riverside Transition C-1R(B) and General Commercial C-2 Districts shall be as follows (See Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities.): For All Permitted Uses In O-1 C-1 C-1R(A) C-1R(B) C-2 Minimum Required Lot area (acres) -- -- -- -- -- Lot width (feet) 100 25 25 25 50 Lot depth (feet) 100 -- -- -- -- Front yard (feet) 20 -- -- 15 from 10 sidewalk Side yard (feet) 10 None required but 10 feet minimum if provided Side yard for lots within 25 feet of a -- 10 10 10 10 residence district boundary (feet) Rear yard (feet) 20 None required but 10 feet minimum if provided For All Permitted Uses In O-1 C-1 C-1R(A) C-1R(B) C-2 Rear yard for lots within 25 feet of a 30 30 30 30 30 residence district boundary (feet) Off-street parking spaces (whichever is greater): Per 300 square feet of office/day care 1* 1* 1* 1 1* floor area Per employee 1* -- -- -- -- Per 250 square feet of retail/service -- 1* 1* 1 1* floor area Maximum Permitted Building height Stories 2.5 2 3 3 2 Feet 35 35 35 35 35 Floor area ratio 0.40 2.0 0.8 0.8 0.50 *NOTE: In the following locations only, the off-street parking requirements of this section may be waived by the Planning Board as part of its site plan approval or change of use approval upon its determination that the site is already improved and that the required number of on-site parking spaces are not available and, due to site limitations, cannot be constructed: Old Post Road South; Grand Street; Bank Street; North Riverside Avenue between Bank Street and Farrington Road; and the west side of South Riverside Avenue between Benedict Boulevard and Clinton Street. § 230-36. Limited Office O-2 District. [Amended 4-22-1991 by L.L. No. 2-1991; 1-31-2005 by L.L. No. 1-2005] The bulk and parking regulations for the Limited Office O-2 District shall be as follows: (See Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities.) A. Bulk requirements. Minimum Requirements in the O-2 District Lot area (acres) 1.0 Lot width (feet) 150 Lot depth (feet) 150 Front yard (feet)* 25 Side yard (feet) 25 Rear yard (feet) 25 Maximum Permitted Minimum Requirements in the O-2 District Building heights (feet) 25 Floor area ratio 0.40 * NOTE: In the event that the Village or the state is the owner of land alongside and between the edge of the improved portion of the highway or, if there is a sidewalk, between the edge of the sidewalk and the land of the abutting property owner and such land of the state or Village is not usable for purposes other than right-of-way purposes, the Board of Trustees, by special permit and with such conditions as it may deem advisable, may prescribe that the edge of the highway or, if there is a sidewalk, the edge of the sidewalk, be considered as the street line for purposes of determining front yard setbacks in a Limited Office 0-2 District; provided, however, that no building in a Limited Office 0-2 District shall, in any event, be less than 15 feet from the front property line of the lot on which the building is constructed. B. Off-street parking in Limited Office O-2 District. There shall be a minimum of one off-street parking space per 300 square feet of building. No parking or other paved area shall be located less than 25 feet from any street line, except for ingress and egress. § 230-37. Light Industrial LI District. [Amended 11-1-2022 by L.L. No. 14-2022] A. The bulk and parking regulations for the Light Industrial LI District for all uses other than transit- oriented development of mixed-use or multifamily residential shall be as follows (See Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities): Minimum Required Lot area (acres) 3 Lot width (feet) 200 Lot depth (feet) 200 Front yard (feet) 50 Rear yard (feet) 35 One side yard (feet) 30 Both side yards (feet) 80 Any yard within 25 feet of residence district boundary 50 Waterfront setback from mean high-water line (feet) 100a Off-street parking spaces per employee 1b Maximum Permitted Floor area ratio 0.50 Building height (stories)c 3 Maximum Permitted Building height (feet)c 40 Building height ratio 1/2 the distance to the nearest lot linec B. The bulk and parking regulations for the Light Industrial LI District for transit-oriented development of mixed-use or multifamily residential shall be as follows (See Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities): Minimum Required Lot area (square feet) 10,000 Front yard (feet) d Rear yard (feet) d One side yard (feet) d Both side yards (feet) d Off-street parking per residential unit 1 space per unite Off-street parking for commercial use 1 space per 400 sf Maximum Permitted Floor area ratio 1.20 Building height (stories) 5 Bedrooms Studio, 1- and 2-bedroom units only NOTES: a District waterfront setback requirement. For the express purpose of preserving the open and scenic character of and the possibility of public access to the waterfront, a setback of 100 feet from the mean high-water line shall be required for uses on lands fronting the Hudson River. b Parking space requirements are cumulative for all uses on one lot. c Building height requirements are subject to both story and foot limitations. d Setbacks for transit-oriented development of mixed-use or multifamily residential shall be determined by the Board of Trustees as part of the special permit review based upon the best layout for the particular lot. e The Board of Trustees shall have the discretion to require additional parking for residential units. § 230-38. Waterfront Commercial WC District. The bulk and parking regulations for the Waterfront Commercial WC District shall be as follows: (See Article II, Definitions; Article IV, District Use Regulations; Article VII, Supplementary Regulations; and Article VIII, Off-Street Parking, Driveways and Loading Facilities.) Minimum Required Lot area (acres) 1 Lot width (feet) 100 Lot depth (feet) 200 Front yard (feet) 25 Rear yard (feet) 20 Waterfront access (feet)a 25 One side yard (feet) 30 Both side yards (feet) 80 Off-street parking spaces per patron (maximum 0.5 customer capacity)b Off-street parking spaces per employeeb 1 Maximum Permitted Floor area ratio 0.50 Building height (stories)c 1 Building height (feet)c 20 NOTES: a District waterfront access requirement. For the express purpose of preserving the possibility of public access to the waterfront, there shall be required to be shown for uses on lands fronting a watercourse, either: (1) A setback of 25 feet from the mean high-water line; or (2) In the event that, in the judgment of the Planning Board, the permitted use requires proximity to the waterline, a strip area elsewhere on the lands covered by the site development plan adequate for pedestrian transit to the next adjoining lands. b Parking space requirements are cumulative for all uses on one lot. c Building height requirements are subject to both story and foot limitations. § 230-39. Park, Recreation and Education PRE District. [Added 9-6-1988 by L.L. No. 6-1988] Each site in the PRE District shall be subject to the following lot and bulk regulations: PRE-1 PRE-2 PRE-3 Maximum building height (feet) 12 35 35 Minimum yard setback (feet) PRE-1 PRE-2 PRE-3 Front 50 50 50 Rear 50 50 50 Side 25 25 25 ARTICLE VII Supplementary Regulations § 230-40. Supplementary regulations applicable to residence districts. [Amended 5-7-1990 by L.L. No. 2-1990; 9-12-1994 by L.L. No. 7-1994; 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014; 3-6-2017 by L.L. No. 1-2017; 2-12-2025 by L.L. No. 3-2025] A. Accessory buildings. (1) An accessory building may be located in any required side or rear yard, provided that: (a) Such building shall not exceed 15 feet in height. (b) Except as provided in Subsection H below for fences, walls, and retaining walls, such buildings shall be set back not less than five feet from any lot line. (c) All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear and side yards. (2) Accessory buildings on adjoining lots constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots. B. Relation of accessory buildings to streets. Except as provided in Subsection H below for fences, walls, and retaining walls, no accessory building shall project nearer to the streets on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages or if the principal building does not face upon the street or for that or other reason related to topography or the characteristics of the neighborhood the requirement that accessory buildings project nearer to the street than such principal building is not appropriate, the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of such garage or other accessory building which may project nearer to the street than such principal building, the normal front yard setback requirements for a principal building to apply to such garage or accessory building unless the Zoning Board of Appeals shall specify otherwise and except that the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%. C. Corner lots. (1) Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection, except tree trunks cleared to a height of eight feet. (2) Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. The minimum district requirements for each shall be complied with. D. Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to 75% of the minimum requirement if the average depth conforms to the minimum requirement. E. Exceptions to yard requirements. (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line. (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from the requirements of this subsection when the building otherwise complies with the regulations of this subsection. In computing the average setback, the presence of such entries and porticos shall be ignored. (3) Existing setback. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of two or more existing dwellings located within 300 feet on each side of said proposed dwelling, on the same side of the street and within the same block and the same district. F. Exceptions to height requirements for office buildings and laboratories. District height limitations shall not apply to chimneys, antennas, ventilators, skylights, water tanks, bulkheads, cooling towers, necessary mechanical appurtenances and similar features usually carried above the roof level in office or laboratory buildings, provided that: (1) The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building on which they are located. (2) The height of each such feature shall not exceed 15 feet above the district height limitations. (3) All such features, except antennas, shall be suitably screened in a manner which is in harmony with the building of which they are a part. G. Existing small lots in all RA and RB Districts. (1) Less than required area or width. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a total area or width less than prescribed herein, may be used for a one-family residence in RA and RB Districts and a two-family residence in RB Districts, provided that such a lot shall be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements, and with the minimum side yards set forth below: For Lots With a Width of: At Least or Minimum Total of Both More Than Less Than Side Yard Side Yards (feet) (feet) (feet) (feet) For one-family residence in: RA-60 100 125 20 45 RA-40 100 125 20 45 For Lots With a Width of: At Least or Minimum Total of Both More Than Less Than Side Yard Side Yards (feet) (feet) (feet) (feet) RA-25 75 100 15 40 RA-9 50 75 8 20 RA-5 -- 50 5 13 RB -- 50 5 13 For two-family residences in: RB 50 75 8 20 (2) Less than required depth. A lot owned individually and separately on January 22, 1962, and owned individually and separately at all times thereafter, which has a depth less than that prescribed herein, may be used for a one-family residence in RA and RB Districts and a two- family residence in RB Districts, provided that such lot shall be developed in conformity with all applicable district regulations other than the minimum lot depth requirement and provided that the rear yard is at least 25% of the lot depth. H. Fences and walls. (1) Fences or walls in front yards shall be not more than four feet in height and, in the case of fences, not more than 50% solid, except as provided in Subsection C(1) above; provided, however, that the Planning Board shall have the authority, during the site plan review process, to approve retaining walls in front yards with a maximum height of six feet if the Planning Board makes a determination that a higher wall is required for the grading necessary to construct the driveway or primary structure. (2) Fences or walls not over six feet in height may be erected anywhere on a lot except in a front yard. (3) Fences not over eight feet in height and not more than 25% solid may be erected anywhere on a lot except in a front yard. (4) Fences shall be erected with the finished side facing the street(s) or abutting lot(s). I. Manufactured homes. (1) In accordance with § 6 of the Executive Law, a manufactured home affixed to a permanent foundation shall be considered a one-family detached dwelling for purposes of this Zoning Law, provided that such manufactured home conforms with the identical development specifications and standards generally applicable to a site-built one family residence as required by the Zoning Law and the Code of the Village of Croton-on-Hudson. Such development specifications and standards include, but are not limited to, conformance with general aesthetic and architectural standards, parking requirements, the bulk and area requirements of the underlying zoning district, and receipt of minor site plan approval in accordance with Article XI of this Chapter. The use of skirting and perimeter enclosures shall be included in the design of any manufactured home proposed within the Village. § 230-41. Accessory apartments. [Added 10-18-1982 by L.L. No. 8-1982; amended 1-21-1985 by L.L. No. 1-1985; 5-7-1990 by L.L. No. 2-1990; 6-27-1994 by L.L. No. 4-1994; 1-31-2005 by L.L. No. 1-2005; 10-19-2015 by L.L. No. 9-2015; 1-10-2024 by L.L. No. 1-2024; 2-12-2025 by L.L. No. 3-2025] A. An accessory apartment shall be permitted in a single-family detached dwelling or in an accessory structure (an accessory cottage), on a lot containing no more than one dwelling unit, in districts permitting single-family residences upon approval by the Planning Board, subject to the conditions and limitations contained in this section. B. An accessory cottage shall comply with all requirements of this chapter applicable to accessory structures, except that any such structure shall have a minimum setback from all property lines of 10 feet and the maximum height of 15 feet for any such structure shall be measured in the same manner as a single-family dwelling as set forth in § 230-4C. An accessory cottage may be located in a conforming accessory structure existing as of the date of this section having a setback to any property line of less than 10 feet. C. No accessory apartment or accessory cottage shall be installed or maintained except upon approval by the Planning Board. The application procedures and required submittals shall be the same as for minor site plan approval, except that noticing shall be required for property owners within 100 feet of the subject property and that scaled floor plans, with floor areas noted, shall be submitted as part of the application. The application fee for an accessory apartment or accessory cottage application shall be an amount set by resolution of the Board of Trustees. Approval for an accessory apartment shall be issued to and run with the property owner. D. The owner of a property on which the accessory apartment or accessory cottage is located shall occupy at least one of the dwelling units on the premises as his primary residence. For the purposes of this § 230-41C of the Zoning Code, the word "owner" shall mean: any individual who is an owner of the subject premises, including a joint tenant, tenant in common or tenant by the entireties; or the grantor and/or beneficiary of a trust that owns the subject premises; or the owner of a majority of the membership interest/share interest in an LLC or corporation that owns the premises. Notwithstanding the foregoing, approval may be given for construction with an accessory apartment or accessory cottage on a lot as permitted hereunder by a party who intends to sell the premises to an owner who will occupy the premises as required. The accessory apartment or accessory cottage cannot be occupied as such unless and until the owner is occupying the primary dwelling unit or is taking occupancy of the accessory apartment or accessory cottage. (1) Upon a change in ownership, should the new owner desire to continue the accessory apartment or accessory cottage use, the new owner shall provide notification to the Building Department confirming the new owner will reside in the premises as required and that they are aware of the laws regarding accessory apartments and accessory cottages and will remain in compliance. Such notice shall be provided within 90 days of the change of ownership. Failure to timely file will result in a revocation of the accessory apartment or accessory cottage approval and the new owner will have to make a new application. E. Only one accessory apartment or accessory cottage per lot containing a single-family detached dwelling shall be permitted. F. The character, degree and extent of any additions to the residence or new accessory structure shall be a factor to be considered by the Planning Board in approval of an application for an accessory apartment or accessory cottage. G. An accessory apartment shall have separate access, not observable from the street, unless there is a single access from the front of the building with a split access inside the building. H. All code requirements under Village law and other applicable laws and regulations shall be complied with and a building permit obtained for any changes or alterations requiring such permit. The building permit fee for an accessory apartment or accessory cottage shall be reduced by 50%. I. The habitable floor area of an accessory apartment or accessory cottage shall be no less than 300 square feet and no greater than the lesser of 800 square feet or, in the case of an accessory apartment, 40% of the habitable floor area of the dwelling in which it is contained, or, in the case of an accessory cottage, the size of the single-family detached dwelling. In any case, the Planning Board shall have the authority to approve a greater or lesser amount of floor area if warranted by the specific circumstances of a particular building or lot. J. The building shall, to the degree reasonably feasible, maintain the character and appearance of a single-family dwelling. K. No additional parking shall be mandatory for an accessory apartment or accessory cottage; however, a parking assessment shall be made by the Planning Board on a case-by-case basis during review of the application, and the Planning Board shall have the authority to require additional parking based upon such review. No seasonal hardship permit as referenced in § 215-29C shall be granted to a property with an accessory apartment unless same was given prior to November 1, 2023. L. If the premises are not serviced by the Village sewer system, approval of the Westchester County Department of Health shall be obtained before Planning Board approval. M. There shall be a limitation on the issuance of accessory apartment and accessory cottage permits so that no more than 50 permits total (combined accessory apartments and accessory cottages) are in existence at any time. § 230-42. Supplementary regulations for the Multiple Residence RC District. [Amended 1-31-2005 by L.L. No. 1-2005] A. Exceptions to yard requirements. Garages designed so as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required. B. Exceptions to maximum coverage regulations. Where the Board of Trustees finds that the provisions of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitation. C. Length of buildings. No building shall exceed a length of 160 feet. D. Distance between buildings. The following minimum distances between buildings shall be observed: (1) Between a principal building, other than a one-family dwelling, and a one-story accessory building: 20 feet. § 230-42 ZONING § 230-42.1 (2) Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other. (3) Notwithstanding any other provision, and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legally required window, other than a bathroom or kitchen window, and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot. E. Courts. (1) Inner courts are prohibited. (2) The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width. § 230-42.1. Mixed occupancy. [Added 7-7-1993 by L.L. No. 4-1993; amended 6-13-1995 by L.L. No. 7-1995; 1-31-2005 by L.L. No. 1-2005] Dwelling units may be permitted on the non-street-level story of buildings having nonresidential use on the street level, subject to the issuance of a special permit from the Board of Trustees and in accordance with the following conditions: A. Mixed occupancy shall be permitted in Central Commercial C-1, Riverside Commercial C-1R(A), Riverside Transition C-1R(B), and General Commercial C-2 Districts only and in buildings which conform to the New York State Uniform Fire Prevention and Building Code for the proposed mixed occupancy. [Amended 3-2-2020 by L.L. No. 5-2020] B. The nonresidential use in a mixed-occupancy building shall be limited to the street level and shall not exceed 5,000 square feet. C. The residential and nonresidential uses in a mixed-occupancy building shall have separate means of access (this is, the entrance/exit for residential use shall not be through the nonresidential use of the building and vice versa), except that the Board of Trustees may, at its discretion, approve the use of a common lobby or plaza. D. The nonresidential use of the building shall be provided with the number of parking spaces required by § 230-35 herein. In addition, two parking spaces per dwelling unit shall be provided for the residential use of the building. The requirement of this subsection may be waived by the Board of Trustees for buildings existing on the date of adoption of this section if there is insufficient area for parking on the site of a mixed-occupancy building. E. All utility, storage, service and parking areas on the site of the mixed-occupancy building shall be screened by means of landscaping and/or fencing to the extent deemed necessary and practical by the Board of Trustees in order to minimize the impact of these areas upon the residential use of the building. F. Residential use shall not be permitted in buildings housing motor vehicle sales and service agencies, motor vehicle service stations, manufacturing, animal hospitals, bowling alleys or any other use § 230-42.1 CROTON-ON-HUDSON CODE § 230-44 deemed by the Board of Trustees to be incompatible with the residential use of the building. G. The provisions of this § 230-42.1 shall not apply to properties located in the Harmon/South Riverside Gateway Overlay area which are permitted as set forth in § 230-20.3B(3) and defined as "mixed use" therein, or to mixed occupancy buildings permitted in the Municipal Place Gateway Overlay area as permitted in § 230-20.3B(4), or to properties located in the LI District where transit-oriented development of mixed-use or multifamily residential are permitted as set forth in § 230-18C(9). [Amended 6-4-2012 by L.L. No. 1-2012141; 3-2-2020 by L.L. No. 4-2020; 3-7-2022 by L.L. No. 3-2022; 11-1-2022 by L.L. No. 14-2022] § 230-43. Nonresidential buildings. [Amended 1-31-2005 by L.L. No. 1-2005] A. Supplementary height regulations in RC, C-1, C-1R(A), C-1R(B), C- 2, WC and PRE Districts. In RC, C-1, C-1R(A), C-1R(B), C-2, WC and PRE Districts, except for one- or two-family dwellings, where a lot has frontage on two or more streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level. When penthouses, etc., are over 12 feet high and cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building. [Amended 3-2-2020 by L.L. No. 5-2020] B. Courts for nonresidential buildings. (1) Inner courts. No inner court shall have a minimum dimension less than 1/2 of the average height of all surrounding walls. (2) Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width. C. Obstruction to vision at street intersections. The provisions of § 230-40C(1) shall also apply to corner lots in nonresidential districts. § 230-44. Signs. [Amended 5-7-1990 by L.L. No. 2-1990; 2-15-1999 by L.L. No. 4-1999; 3-19-2001 by L.L. No. 3-2001; 1-31-2005 by L.L. No. 1-2005] A. Intent. The purposes of the signage regulations set forth in this chapter are to encourage the effective use of signs as a means of communication in the Village; to minimize possible adverse effects of signs on nearby public and private properties; to maintain and enhance the visual and aesthetic environment; to improve pedestrian and vehicular traffic safety; and to enable the fair and consistent enforcement of these sign regulations by the Village. B. Conformance. Any sign shall be erected, replaced, moved or modified in conformity with the provisions of this chapter. All actions related to questions of conformance shall be subject to the review and decision thereon by the Planning Board. See Subsection K below for the regulation of temporary signs. Where the provisions of Subsections D through O below may be in conflict with the signage provisions relating specifically to the respective zoning districts in Subsection P below, the latter provisions shall apply. 141. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” C. Application process. (1) Except as provided in Subsection K in connection with temporary signs and in Subsection P(1)(f) in connection with residential yard signs, the Village Engineer shall receive, review and comment on conformance for all completed applications to erect, replace, move or modify signs. The Village Engineer shall then forward applications that are in substantial compliance to the Visual Environment Board (VEB) within five business days for VEB review and recommendation on the issuance of a sign permit. The Visual Environment Board's opinion shall be rendered to the Village Engineer and/or Planning Board within 21 days of receipt of said application. If the signage is part of an application for a site plan approval or a change of use approval, the Planning Board's decision on the site plan shall include its decision on the proposed signage. [Amended 5-17-2021 by L.L. No. 4-2021] (2) The payment of an application fee in accordance with the Village's schedule of fees142 shall accompany all sign permit applications. (3) The Village Engineer and VEB shall maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process. D. Relationship to use. All signs, except for temporary signs and except for the kind of billboards permitted in Subsection M below, must pertain to a use conducted on the same property on which the sign is located. E. Illumination. (1) Permitted signs may be illuminated except where this chapter specifically prohibits certain signs from being illuminated. However, sign illumination shall not be twinkling, flashing, intermittent (except for time/temperature signs), or of changing degrees of color or intensity. Further, neon signs shall only be permitted on the inside of buildings. No sign shall contain or consist of Day- Glo-like material. (2) All light sources used for illuminating signage shall be shielded and shall not be a source of glare. (3) Upon referral by the Village Engineer and/or VEB, the Planning Board may require the submission of an illumination plan and may regulate the number, placement, intensity and hours of illumination of all light fixtures used for signage. F. Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper vehicular sight distance. Further, signs shall not interfere with pedestrian or vehicular traffic flow, nor shall any sign interfere with any ventilation system, door, window, fire escape or other emergency exit. G. Movement, animation, removable letters, lights. No sign or sign component shall be moving, animated, rotating or revolving. Further, no sign shall contain removable letters, except for signs associated with educational, religious or municipal institutions, gas stations, or with movie theaters. In addition, light strips and strings of lights shall not be used for advertising or attracting attention to a sign when they do not comprise the text of the sign. H. Maintenance and quality of signs. All signs and components thereof shall be kept in good repair and 142. Editor's Note: The current fee resolution is on file in the Village Clerk's office. in safe, neat and clean condition. All signs and related illumination shall be of a professional quality with respect to such matters as design, painting, lettering, materials and construction. I. Nonconforming signs. All signs that do not conform to the provisions of this chapter shall be subject to the requirements of §§ 230-5 and 230-54 herein. J. Projecting signs. Marquee signs are permitted for theaters only. For all projecting signs, there shall be at least an eight-foot clearance above pedestrian rights-of-way and at least a fourteen-foot clearance above vehicular rights-of-way for permitted signs projecting from buildings. Signs shall not project vertically above the roofline or parapet, or extend horizontally beyond the limits of the building. K. Temporary signs. [Amended 5-17-2021 by L.L. No. 4-2021] (1) Temporary signs are those which are displayed for short periods of time. Unless specified otherwise below, all temporary signs shall be limited in usage to a maximum of 45 days. Signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed. (2) Temporary signs do not require a signage permit and shall be restricted as applicable as set forth below: (a) "For Sale," "For Rent" or "Sold" signs. No more than two temporary signs, not exceeding six square feet in area each, are allowed for a single lot. One temporary sign, 16 square feet in area, is permitted for each real estate subdivision, set back at least 15 feet from the street line upon which the property is located. This signage usage shall be allowed beyond 45 days. (b) Temporary construction signs. The architect, engineer and contractors shall each be allowed one sign not exceeding six square feet in area. Such signs shall be permitted during the entire course of construction but shall be removed at the end of construction. (c) Temporary signs pertaining to election campaigns. Such signs shall not be subject to the forty-five-day limitation in Subsection K(1) above but shall be removed within 10 days after the election day. (d) Temporary signs pertaining to garage sales, tag sales or other business activities which have a duration of seven calendar days or less. (e) Temporary signs pertaining to events of civic, philanthropic, educational or religious institutions shall not be subject to the size limitation contained in Subsection K(4). (3) Except as provided in Subsection K(2)(a) through (e), temporary signs shall not exceed 16 square feet in area and shall not be illuminated. (4) Temporary signs shall not have an adhesive backing and must be easily removable without residual markings. (5) Temporary signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H above. L. Freestanding signs. No freestanding sign shall extend more than 10 feet from the ground to the top of the sign except for a freestanding sign associated with a shopping center or a motor vehicle service station, which shall not extend more than 20 feet from the ground to the top of the sign. M. Prohibitions. The following types of signs and artificial lighting are prohibited: (1) Billboards, except for those which are existing on the effective date of these regulations and which are associated with a site which is on the National Register of Historic Places. (2) Signs that compete for attention with or may be mistaken for a traffic signal. (3) Searchlights, beacons, blimps and permanent balloons. (4) Signs attached to or painted on trucks or other large vehicles when the vehicle is obviously marked and parked in such a manner as to advertise or attract attention to an establishment or business. (5) Banners, flags, strings of balloons, flags or lights, or similar outdoor advertising, except on a temporary basis with respect to the opening, reopening or remodeling of the business (that is, limited to a maximum duration of 45 days). N. Consistent signage. Where a building or site is permitted more than one sign by the provisions of this chapter, all new signs shall be consistent relative to one another in terms of size, general shape and, if building-mounted, location on the building (mounting height). Further, the Planning Board may require the submission of a master signage plan for the site which shows said consistency. O. Window signs. The combination of permanent and temporary signage applied to or placed within two feet of the interior of any given window shall be considered part of the signage in accordance with the provisions of this chapter. Further, in no event shall permanent window signage exceed 25% of the window on or within which it is located. Merchandise for sale is not considered part of the signage for purposes of this item. P. District standards. The following signage shall be permitted within the districts listed below and shall be regulated therein, as follows. Said signage shall also conform to the provisions of Subsections A through O above, as qualified in Subsection B. (1) One-Family Residence RA-60, RA-40, RA-25, RA-9, RA-5 Districts; Two-Family Residence RB District; Multiple Residence RC District. [Amended 11-3-2014 by L.L. No. 2-2014] (a) With respect to nurseries and the seasonal sale of produce, signs shall conform to Subsection P(1)(e) below. (b) With respect to funeral homes, there shall be no signs other than those permitted in Subsection P(1)(e) below. (c) With respect to customary home occupations, no display of signage shall be visible from the street, except as set forth in Subsection P(1)(e) below. (d) With respect to bed-and-breakfast establishments, one sign designating a bed-and- breakfast establishment shall be permitted, subject to the following conditions: [1] The area of the sign shall not exceed two square feet. [2] If freestanding, the overall height of the sign shall not exceed six feet as measured from finished grade to top of sign. NOTE: Refer to § 230-4, the definition of "building," and § 230-40A(1)(b) of this chapter. [3] The sign shall not be internally illuminated. [4] If externally illuminated, the illumination shall not exceed the equivalent of a one- hundred-watt bulb. [5] If illuminated, the illumination shall be constant, shall be directed towards the sign and shall be shielded from the view of the street and neighboring properties. (e) Signs conforming to the following shall be permitted as accessory uses: [1] One nonilluminated nameplate or professional sign with an area of not over two square feet. [2] One externally illuminated bulletin board or other announcement sign for educational or religious institutions permitted in § 230-9.1A(4) of this chapter, with an area of not over 12 square feet. (f) On lots used for residential purposes, up to three nonilluminated residential yard signs not exceeding six square feet each, and no higher than 42 inches above the existing ground surface, shall be permitted. Residential yard signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H above. [Added 5-17-2021 by L.L. No. 4-2021] (2) Limited Office O-1 District. One nonilluminated sign facing a street and not exceeding an area of five square feet shall be permitted. (3) Limited Office O-2 District. One sign shall be permitted, provided that such sign is facing a street and as follows: (a) The aggregate area, in square feet, shall be not greater than 1 1/2 times the length, in feet, of the wall on which it is placed. (b) Such sign shall be parallel or perpendicular to the face of the building and no part thereof, including any illuminating devices, shall project more than 12 inches outward from the face of the wall to which it is applied for parallel signs and no more than 36 inches outward from the face of the wall to which it is applied for perpendicular signs. (4) Central Commercial C-1, Riverside Commercial C-1R(A) and Riverside Transition C-1R(B) Districts. [Amended 3-2-2020 by L.L. No. 5-2020] (a) Signs accessory to an establishment located on the same lot shall be permitted, provided that such signs shall be limited as set forth in Subsection P(4)(b) below and as follows: [1] Not more than one such sign, excluding signs in windows, shall be permitted for each tenant on the premises on each facade which fronts on a street. [2] The aggregate area, in square feet, of all signs on any wall shall be not greater than two times the length, in feet, of the wall on which it is placed. [3] Such sign or signs shall be parallel or perpendicular to the face of the building, and no part thereof, including any illuminating devices, shall project more than 12 inches outward from the face of the wall to which it is applied for parallel signs and more than 36 inches outward from the face of the wall to which it is applied for perpendicular signs. [4] In addition, where the building is set back from the curbline a distance of 25 feet or more, not more than one freestanding sign with a total area on each face of not more than 40 square feet may be erected; provided, however, that the Zoning Board of Appeals may, in accordance with the procedure set forth in § 230-162B of this chapter, authorize the Village Engineer to issue a special permit for the erection or continuance of a freestanding sign with an area on each face not exceeding 40 square feet or such lesser area as the Zoning Board of Appeals may prescribe in instances where the building is set back from the curb or edge of traveled way less than 25 feet but 15 feet or more, subject to such conditions as the Zoning Board of Appeals may impose and with due regard to safety and other objectives set forth in § 230-162B where the Board shall find that: [Amended 9-12-2023 by L.L. No. 17-2023] [a] The building in connection with which such sign is used or to be used was in existence on July 1, 1963, and has not after that date been altered to cause it to be closer to the curbline or edge of traveled way; and [b] Other permitted signs are not, because of lack of visibility or other reason, adequate in the determination of the Zoning Board of Appeals and, for that or other reason, the Zoning Board of Appeals deems such sign to be necessary or desirable. (b) Motor vehicle service stations. [Amended 9-12-2023 by L.L. No. 17-2023] [1] Unless otherwise required by law, signs shall be limited to one freestanding sign and one exterior sign on each wall of a building fronting on a street and shall otherwise conform to the conditions for accessory signs set forth in Subsection P(4)(a). [2] In connection with the sale of used cars or rental of vehicles at a service station. No temporary signs shall be permitted on the exterior of vehicles. Signs in the interior of vehicles shall be limited to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing shall have characters not larger than one inch. (5) General Commercial C-2 District. (a) Accessory signs shall be as permitted in the Central Commercial C-l District as set forth in Subsection P(4). [Amended 9-12-2023 by L.L. No. 17-2023] (b) Drive-in theaters. In lieu of signs other than a sign permitted by Subsection P(4)(a)[4], a drive-in theater may have: [1] The name of the theater on a sign affixed to the theater screen structure on the reverse side of the screen; and [2] A supplementary sign on that same face announcing the feature attraction or attractions and containing other information customarily contained in theatrical announcements or the opening or closing date of the theater. (c) Motor vehicle sales and service agencies. [1] Unless otherwise required by law, signs shall be limited to one freestanding sign and one exterior sign on each wall of a building fronting on a street and shall otherwise conform to the conditions for accessory signs set forth in Subsection P(4)(a). [2] No temporary signs shall be permitted on the exterior of vehicles. Signs in the interior of vehicles shall be limited to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing shall have characters not larger than one inch. (6) Light Industrial LI District. (a) Accessory signs. One sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of the building and shall not exceed an area of 50 square feet or an area equal to 1 1/2 times the length, in feet, of the wall on which it is placed, whichever is less. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished not later than 9:00 p.m. One identification sign at each point of access to the lot, with an area of not more than three square feet, shall also be permitted. A single directory sign, not exceeding eight feet in height, may be erected at the entrance of a complex of sites; each listing on such sign shall not exceed eight inches in height and two feet in length. (7) Waterfront Commercial WC District. (a) Accessory signs. One sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of the building, if any, and such sign shall not exceed an area of 30 square feet or an area equal to 1 1/2 times the length, in feet, of the wall on which it is placed, whichever is less. If there is no building, one freestanding sign shall be permitted, no higher than 10 feet from the ground, no greater than 30 square feet in area, and no closer than 25 feet to the nearest lot line. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours, as determined by the Planning Board. (8) Waterfront Development WD District. (a) Offices and studios. Signs for professional offices and studios shall be subject to P(1)(e) of this chapter. (b) Other uses. For uses other than specified in P(8)(a) above, one sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of a building, if any, shall not exceed an area of 24 square feet and shall not extend beyond said wall in any direction. If there is no building, one freestanding sign shall be permitted, shall be no higher than 10 feet above the ground, shall be no greater than 24 square feet in size and shall be no closer than 25 feet to the nearest lot line. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours, as determined by the Planning Board during the site development plan review process. (c) Directional, trail and project signs. Signage relating to vehicular, pedestrian and bicycle usage, traffic and parking shall be permitted, as shall an entry sign for the project itself. The locations, sizes, colors, materials and illumination of said signage shall be subject to the approval of the Planning Board as part of the site development plan review process. (d) All signs. All signs shall meet the standards of § 230-4 of this chapter. Every effort shall be made to avoid the blockage of views in the placement of signage on the site. (9) Supplementary regulations for any parking spaces adjacent to residence districts. Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use. Q. Modification of requirements. Where the Planning Board finds that strict compliance with the requirements of § 230-44 would cause unusual hardship or difficulty because of the specific circumstances of a particular situation, the Board may modify the requirements of said section so long as the Board finds that the public interest will be protected and that any such modification will be consistent with the spirit and intent of this chapter. In permitting any such modification, the Planning Board may attach such conditions as are, in its judgment, necessary to substantially secure the objectives of the requirement so modified. § 230-45. Municipal buildings, structures and uses. [Amended 1-31-2005 by L.L. No. 1-2005] The height and bulk limitations contained in Articles VI and VII of this chapter shall not apply to any municipal building, structure or use in connection with a municipal governmental function where there exists an engineering or other reason related to the particular site, building and use proposed in respect of which the opinion, in writing, of an independent engineer or expert shall have been obtained to the effect that the proposed building, structure or use will better serve its municipal function if it is carried out in a manner which is not in strict conformity with such height and bulk limitations; provided, however, that notwithstanding the nonapplicability of the height and bulk limitations in the circumstances set forth, any building, structure or use to which this section applies shall be authorized only by a resolution of the Board of Trustees which shall include: A. Findings of fact setting forth the engineering or other reason and the Board's determination to the effect above set forth. B. The Board's determination that the building, structure or use is for the purpose of carrying out a municipal governmental function. C. Referring to the opinion, in writing, of an independent engineer or expert with respect to the proposed building, structure or use and setting forth the substance of such opinion and the Board's determination that it complied with the foregoing provisions. D. The Board's determination that the proposed building, structure or use will be in general harmony with the general purposes and intent of this chapter. considered in the light of the overall health and welfare of the Village and that it will not be detrimental to the public welfare. E. Prescribing such limitations and conditions with respect to the building. structure or use as the Board of Trustees may deem necessary or desirable. § 230-46. Amusement games and devices.143 § 230-47. Performance standards. [Amended 1-31-2005 by L.L. No. 1-2005] A. Restrictions on creation of dangerous and objectionable elements. Every use subject to performance standards shall conform to the restrictions set forth in Subsections B and C below. B. Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and 143. Editor's Note: Former § 230-46, Amusement games and devices, added 3-8-1982 by L.L. No. 3-1982; amended 1-31-2005 by L.L. No. 1-2005, was repealed 9-20-2021 by L.L. No. 10-2021. these shall be limited as follows: (1) Explosives. Activities involving the storage or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the Police Department. The list of materials or products which decompose by detonation, when in sufficient concentrations, includes but is not limited to the following: Acetylides Ammonium nitrates Anhydrous hydrazine Azides Black powder Blasting gelatin Chlorates Cyclonite or hexogene (cyclotrimethylenetrinitramine) Dinitroresorcinol Dinitrotoluene Dinol Dynamite Fireworks Fulminates Greek fire Guanidine nitrate Gun cotton (cellulose nitrate with nitrogen content in excess of 12.2% or pyroxylin) Hexamine (hexamethylenetetramine) Nitroglycerin Perchlorates (when mixed with carbonaceous materials) Permanganates Peroxides (except hydrogen peroxide in concentrations of 35% or less in aqueous solution) PETN (pentaerythritol tetranitrate) Petryl [2-(N,2,4,6 -- tetranitroaniline) ethanol nitrate] Picric acid Tetryl (N-methyl - N,2,4,6 - tetranitroaniline) TNT (trinitrotoluene) (2) Fire hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and adequate fire-fighting and fire-suppression equipment and devices standards in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of other state and local laws and regulations shall also apply. (3) Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbances, except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies which adversely affect the operation at any point of any equipment other than that of the creator of such disturbance. (4) Smoke. No emission shall be permitted any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines. (Power's Miscro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.) This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. (5) Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation or to other forms of property or which can cause any excessive soiling of any paint, and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per (standard) cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air. (6) Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Water Pollution Control Board or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted. C. Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line, and these shall be limited as follows: (1) Noise. At the specified points of measurement the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.) TABLE I Maximum Permissible Sound-Pressure Levels at Specified Points of Measurement for Noise Radiated Continuously From a Facility Between the Hours of 7:00 p.m. and 7:0 a.m. Frequency Ranges Containing Octave Band Sound Pressure Level Standard Octave Bands (decibels re 0.0002 dyne/em) (cycles per second) 20 - 75 67 75 - 150 66 150 - 300 61 300 - 600 54 600 - 1,200 47 1,200 - 2,400 39 2,400 - 4,800 29 4,800 - 10,000 20 If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:0 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I. TABLE II Type of Operation or Character of Noise Correction (decibels) Daytime operation only +5 Noise source operates less than 20% of any one- hour period +5* Noise source operates less than 5% of any one-hour period +10* Noise of impulsive character (hammering, etc.) -5 Noise of periodic character (hum, screech, etc.) -5 *NOTE: Apply one of these corrections only. (2) Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:0 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:0 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection. (3) Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C. (4) Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations. D. Elimination of nonconformities. Within 12 months after December 31, 1972, all existing uses, buildings or other structures shall comply with the applicable performance standards herein set forth; provided, however, that if the Zoning Board of Appeals finds that because of the nature of the corrective action required the twelve-month period is inadequate, it may, as a special permit, grant not more than one extension for a period of not more than six months. All new uses, buildings or other structures shall comply with the applicable performance standards when put into operation. § 230-48. Supplementary standards for the provision of affordable housing units.144 [Added 11-5-2018 by L.L. No. 9-2018] A. Definitions. As used in this section, the following terms shall have the meanings indicated: AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT — (1) A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and (2) A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan. B. Required affordable AFFH unit component. (1) Within all residential developments of 1 or more units created by subdivision or site plan approval, no less than 10% of the total number of units must be created as AFFH units. Rounding shall be done as follows: for 1 to 14 housing units: one AFFH unit; for 1 to 24 housing units: two AFFH; then continuing in like increments as the number of housing units increase. (2) Notwithstanding the above, all such AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan in place at the time. C. Waivers for creation of additional fair and affordable housing. If a site plan or subdivision applicant wishes to voluntarily provide more AFFH units than are required by Subsection B above, the Village 144. Editor's Note: Former § 230-48, Dish antennas, added 12-16-1985 by L.L. No. 11-1985, as amended, was repealed 1-31-2005 by L.L. No. 1-2005; see now § 230-74, Plan amendments for dish antennas. Board shall have the authority, but not the obligation, to waive such zoning and other land use regulations as it deems appropriate to allow additional dwelling unit(s) to be constructed, beyond the number which would otherwise be permitted under the Village's Zoning Code and other land use regulations if all of their requirements were adhered to. In order to qualify to be considered for this waiver, an applicant must demonstrate that, without the waiver, the inclusion of the additional AFFH unit(s) would impose a financial burden that would prevent the applicant from realizing a reasonable economic return on its development. D. Maximum rent and sales price. The maximum monthly rent for an AFFH unit and the maximum gross sales price for an AFFH unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester. E. Time period of affordability. Units designated as AFFH units must remain affordable for a minimum of 50 years from date of initial certificate of occupancy for rental properties and from date of original sale for ownership units. F. Property restriction. A property containing any AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to Municipal Counsel which shall ensure that the AFFH unit shall remain subject to regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the AFFH unit prior to the issuance of a certificate of occupancy for the development. G. Unit appearance and integration. (1) Within single-family developments, the AFFH units may be single-family homes or, if the Planning Board so elects, they may be incorporated into one or more two-family homes. If the Planning Board so elects, one or more AFFH unit(s) may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units. (2) Within multifamily developments, the AFFH units shall be physically integrated into the design of the development and, where multiple AFFH units are required, to the extent feasible, they shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AFFH units shall not be distinguishable from other market rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units. H. Minimum floor area. (1) The minimum gross floor area per AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following: Minimum Gross Floor Area Dwelling Unit (square feet) Efficiency 450 1-bedroom 675 2-bedroom 750 3-bedroom 1,000 (including at least 1.5 baths) 4-bedroom 1,200 (including at least 1.5 baths) (2) For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies. (3) As an alternative or supplemental standard if the Planning Board so elects: The minimum gross floor area per AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in Section 4.03.0 of the most recent edition of its joint Design Manual. See: http://nysdhcr.gov/Publications/DesignHandbook/UF2009_DesignHandbook.pdf or its successor. I. Occupancy standards. For the sale or rental of AFFH units, the following occupancy schedule shall apply: Number of Bedrooms Number of Persons Efficiency Minimum: 1; maximum: 1 1-bedroom Minimum: 1; maximum: 3 2-bedroom Minimum: 2; maximum: 5 3-bedroom Minimum: 3; maximum: 7 4-bedroom Minimum: 4; maximum: 9 J. Affirmative marketing. The AFFH units created under the provisions of this section shall be sold or rented and resold and re-rented during the required period of affordability, only to qualifying income- eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan then in effect. K. Resale requirements. (1) In the case of owner-occupied AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of (i) the net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between (a) the month that was two months earlier than the date on which the seller acquired the unit and (b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the Village of Croton-on- Hudson will designate a substitute index; and (ii) the cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvements no later than the time the seller of the unit desires to include it in the resale price. (2) 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. L. Lease renewal requirements. (1) Applicants for rental AFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law. (2) If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and shall be offered a nonrestricted rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the AFFH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term. M. Administrative and monitoring agency. The County of Westchester shall be responsible for monitoring the AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the AFFH units. N. Expedited project review process. (1) Preapplication meeting. The Planning Board's preapplication meeting process shall be followed in connection with developments which include AFFH units. The purposes of the preapplication meeting will include discussion of means to expedite the development application review process through: (a) The early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process. (b) The establishment of a comprehensive review process outline, proposed meeting schedule, and conceptual timeline. (2) Meeting schedule and timeline. Village departments, boards, commissions, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication process to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including AFFH units shall be entitled to at least one additional meeting per year with the same departments, boards, commissions, or committees to review any and all items discussed at previous preapplication meetings. § 230-48 ZONING § 230-48.1 (3) Calendar/agenda priority. Municipal departments, boards, commissions, or committees with review or approval authority over applications for developments which include AFFH units shall give priority to such applications by placing applications for developments including AFFH units high enough on all meeting and work session calendars and agendas so they will not be bumped to a subsequent meeting, because of lack of time and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable. § 230-48.1. Solar energy systems. [Added 8-12-2019 by L.L. No. 8-2019; amended 4-24-2023 by L.L. No. 7-2023; 2-28-2024 by L.L. No. 5-2024] A. Authority. These provisions for solar energy systems are adopted pursuant to §§ 7-700 through 7-7 of the Village Law and § 2 of the Municipal Home Rule Law of the State of New York, which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Village Law of New York State, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor." B. Purpose. This Solar Energy Local Law is adopted to advance and protect the public health, safety, and welfare of Village of Croton-on-Hudson, including: (1) Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource; (2) Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; (3) Increasing employment and business development in the region by furthering the installation of solar energy systems; (4) Decreasing the use of fossil fuels, thereby reducing the carbon footprint of the Village of Croton-on-Hudson; (5) Diversifying energy resources to decrease dependence on the grid. C. Applicability. (1) The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Village of Croton-on-Hudson after the effective date of this section, excluding general maintenance and repair. (2) Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section. (3) Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to the provisions hereof. D. General requirements. (1) A building permit shall be required for installation of all solar energy systems. (2) Prior to the issuance of a building permit, construction and/or site plan documents, signed and stamped by a licensed professional engineer or registered architect, shall be submitted to the Engineering Department. § 230-48.1 CROTON-ON-HUDSON CODE § 230-48.1 (3) All Village boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time. (4) For solar energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this law. (5) All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (Building Code), the New York State Energy Conservation Code (Energy Code), and the Village Code. E. Permitting requirements for Tier 1 solar energy systems. All Tier 1 solar energy systems shall be permitted in all zoning districts as an accessory use and shall be exempt from site plan review, subject to the following conditions for each type of solar energy system: (1) Roof-mounted solar energy systems. Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements: (a) Roof-mounted solar panels must be attached or ballasted to a lawfully permitted building or structure, which may be an accessory structure. (b) All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district, with the height exemptions as provided for building-mounted mechanical devices or equipment. (c) Glare. All solar panels shall have antireflective coating(s). (2) Building-integrated solar energy systems and canopy-mounted solar energy systems shall be shown on the plans submitted for the building permit application for the building or property containing the system. Applicants for canopy-mounted solar energy systems shall submit all studies as required by the Village Engineer or Building Inspector. F. Permitting requirements for Tier 2 solar energy systems. All Tier 2 solar energy systems shall be permitted on lots having a minimum lot area of no less than 9,000 square feet in all zoning districts as accessory structures and shall be exempt from site plan review, subject to the following conditions: (1) Glare. All solar panels shall have antireflective coating(s). (2) Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district, except that they shall be set back no less than 10 feet from any property line. In RA and RB Zoning Districts, all ground-mounted solar energy systems shall only be installed in the side or rear yards. (3) Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district. (4) Screening and visibility. (a) All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable. § 230-48.1 ZONING § 230-48.1 (b) Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access. (5) Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district. (6) Lot coverage. The surface area covered by Tier 2 solar energy systems shall be included in the total lot coverage permitted within the underlying zoning district. G. Permitting requirements for Tier 3 solar energy systems. All Tier 3 solar energy systems are permitted, subject to a special permit by the Village Board of Trustees, within the RA-40, RA-60, C-2 and LI Zoning Districts, and subject to site plan application requirements set forth in this section. (1) Applications for the installation of Tier 3 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review. (2) Special permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions: (a) If the property of the proposed project is to be leased, legal consent of all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted. (b) Plans showing the layout of the solar energy system, including property lines and physical features, such as roads, signed by a professional engineer or registered architect. (c) Nameplate capacity of the solar energy system (as expressed in MW). (d) A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. The diagram should describe the location and layout of all battery energy storage system components, if applicable, and should include applicable setback and other bulk and area standards. (e) Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping and screening vegetation or structures. (f) A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit. (g) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance, anticipated dual-use and property upkeep, such as mowing and trimming. (h) Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board. (i) Any application under this section shall meet any substantive provisions contained in the site plan and special permit sections of this code as, in the judgment of the Planning Board, are applicable to the system being proposed. § 230-48.1 CROTON-ON-HUDSON CODE § 230-48.1 (j) The Planning Board or Board of Trustees may impose conditions on its approval of any site plan or special permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). (k) Decommissioning plan. A decommissioning plan generally in a form to be provided by the Village and signed by the owner and/or operator of the solar energy system shall be submitted by the applicant as part of the special permit application, addressing the following: [1] The cost of decommissioning and removing the solar energy system, as well as all necessary site remediation or restoration. [2] The time required to decommission and remove the solar energy system and any ancillary structures. [3] The time required to repair any damage caused to the property by the installation and removal of the solar energy system. [4] A tree restoration plan, restoring the decommissioned area to a condition similar to the condition that existed prior to the installation. Recognizing that mature plantings cannot be easily relocated, the Planning Board may exercise discretion in determining the number, caliper, type and location of plantings in reviewing any such plan, but all plantings shall be native noninvasive species. (3) Special use permit standards. (a) Height and setback. Tier 3 solar energy systems shall adhere to the height and setback requirements of the underlying zoning district. (b) Lot size. Tier 3 solar energy systems shall be located on lots with a minimum lot size of four acres. (c) Lot coverage. [1] The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements: [a] Foundation systems, typically consisting of driven piles or monopoles or helical screws, with or without small concrete collars. [b] All mechanical equipment of the solar energy system, including any pad- mounted structure for batteries, switchboard, transformers, or storage cells. [c] Paved access roads servicing the solar energy system. [2] Lot coverage of the solar energy system, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district. (d) Fencing. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a fence, as required by NEC, with a self-locking gate to prevent unauthorized access. Warning signs with the owner or operator's contact information shall be placed on the entrance and perimeter of the fencing. The type and height of fencing shall be determined as part of the site plan and special permit review. The fencing and the system § 230-48.1 ZONING § 230-48.1 may be further screened by any landscaping needed to avoid adverse aesthetic impacts. (e) Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes, shall be reasonably shielded and downcast from abutting properties and shall minimize impacts on nocturnal animals where practicable. (f) Tree cutting and landscaping. [1] Tree removal shall be subject to the permit requirements of Chapter 208. [2] Removal of existing trees larger than six inches in diameter at breast height (DBH) shall be minimized to the extent possible. [3] Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the facility area. [4] Integrated pest management practices shall be used to refrain from or limit pesticide use (including herbicides) for long-term operation and site maintenance. (g) Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way. (h) Vehicular paths. Vehicular paths within the site shall be designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction. (i) Signage. [1] No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. [2] As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad- mounted transformers and substations. (j) Glare. All solar panels shall have antireflective coating(s). (k) Screening and visibility. [1] Solar energy systems smaller than one acre shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. [2] Solar energy systems larger than one acre shall be required to: § 230-48.1 CROTON-ON-HUDSON CODE § 230-48.1 [a] Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, may be required to be submitted by the applicant. [b] Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible. The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Village. (l) Steep slopes. Tier 3 solar energy systems shall not be permitted to be located on areas of steep slopes as defined in Chapter 195. (m) Conditions. The following shall be made conditions of all special permits issued for Tier 3 solar energy systems. [1] Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Village Engineer or Building Inspector of such change in ownership or operator within 30 days of the ownership change. [2] Upon cessation of electricity generation of a solar energy system on a continuous basis for a period of one year, the Village may notify and instruct the owner or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. [3] Lien. In the event of default of the owner or operator in the performance of removal of a solar energy system and/or complying with the requirements of the decommissioning plan, after proper notice, the Village shall be entitled to arrange for removal or decommissioning and restoration of the property in accordance with the decommissioning plan, and the cost of same incurred by the Village shall constitute a lien on the owner's real property. H. Permitting requirements for Tier 4 solar energy systems. All Tier 4 solar energy systems are permitted through the issuance of a special use permit within RA-40, RA-60, C-2 and LI Zoning Districts, and are subject to site plan and special permit application requirements established for Tier 3 solar energy systems in Subsection G, in addition to the following requirements. (1) At least 60 days prior to the submission of an application, the applicant shall conduct a pre- application meeting with the Village Manager to ensure all parties have clear expectations regarding any Village requirements applicable to the proposed solar energy system. Submission and review of the application shall not be delayed based on the failure of the Village Manager to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide: § 230-48.1 ZONING § 230-48.2 (a) A brief description of the proposed facility and its environmental setting; (b) A map of the proposed facility showing project components; (c) The proposed facility's anticipated impacts; (d) A designated contact person with telephone number, email address, and mailing address from whom information will be available going-forward basis; and (e) An anticipated application submission date. (2) Applications for the installation of Tier 4 solar energy systems shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised within 60 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review. (3) Applications for a Tier 4 solar energy system shall include a community engagement plan detailing the applicant's proposed plans and strategies for ensuring adequate public awareness and encouraging community participation. Applicants are highly encouraged to discuss the contents and details proposed in this plan with the Village Manager prior to the submission of a formal application. I. Safety. (1) Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required. (2) Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps. (3) If a battery energy storage system is included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Village and any applicable federal, state, or county laws or regulations. (4) Where deemed necessary by the Board of Trustees or Planning Board, emergency access to the site for local first responders shall be provided by the installation of an emergency lock box or a similar device, in a location subject to the approval of the Fire Chief. § 230-48.2. Battery energy storage systems. [Added 2-28-2024 by L.L. No. 5-2024] A. Authority. This section is adopted pursuant to §§ 7-700 through 7-7 of the Village Law and § 1 of the Municipal Home Rule Law of New York State (NYS), which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community. B. Statement of purpose. This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Village by creating regulations for the installation and use of battery energy storage systems, with the following objectives: (1) To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems; § 230-48.2 CROTON-ON-HUDSON CODE § 230-48.2 (2) To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; (3) To mitigate the impacts of battery energy storage systems on environmental resources such as conservation areas, wildlife and other protected resources; and (4) To create synergy between battery energy storage system development and the goals of the Village's Comprehensive Plan. C. Applicability. (1) The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Village after the effective date of this section, excluding general maintenance and repair. (2) Battery energy storage systems that have a valid building permit or have been constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section. (3) Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section. D. General requirements. (1) A building permit shall be required for installation of all battery energy storage systems. (2) All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that: (1) contain or are otherwise associated with a battery energy storage system, and (2) are subject to the Uniform Code and/or the Energy Code, shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village Code. (3) For battery energy systems subject to site plan review, the Village shall require the applicant to establish an escrow account to recover expenses associated with engineering, environmental or legal services determined to be reasonably necessary in the processing of an application under this section. (4) Any ground-mounted battery energy storage system shall be placed on a concrete pad having a minimum height of six inches, or as otherwise prescribed by the Village Engineer. E. Tier 1 battery energy storage systems shall be permitted in all zoning districts, as an accessory use subject to the Uniform Code and the battery energy storage system permit and shall be shown on plans submitted for the building permit application for the building containing the system. Tier 1 battery energy storage systems are exempt from site plan review. (1) Battery energy storage systems for one- or two-family residential dwelling units shall not exceed an aggregate energy capacity of the following: (a) Forty kWh within utility closets and storage or utility spaces. (b) Eighty kWh in attached or detached garages and detached accessory structures. § 230-48.2 ZONING § 230-48.2 (c) Eighty kWh on exterior walls. (d) Eighty kWh outdoors on the ground. (2) All outside Tier 1 battery energy storage systems shall only be installed in side or rear yards and meet the minimum lot size and standard setbacks in the zoning district for principal structures. Heights are limited to 6.5 feet for any external battery energy storage systems. (3) All outside Tier 1 battery energy storage systems shall provide a fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. (4) All outside Tier 1 battery energy storage systems shall not have an area greater than 225 square feet for a single energy storage system, and all systems in the aggregate shall not occupy more than 25% of the area of the required rear or side yard. F. Requirements for Tier 2 battery energy storage systems. (1) Tier 2 battery energy storage systems are permitted through the issuance of a special permit by the Village Board of Trustees within the RA-40, RA-60, C-2 and LI Zoning Districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section. (2) Applications for the installation of Tier 2 battery energy storage system shall be reviewed by the Building Inspector or Village Engineer for completeness. Applicants shall be advised of the completeness of their application or any deficiencies that must be addressed prior to substantive review. (3) Site plan application. For the installation of Tier 2 battery energy storage systems, the following site plan requirements apply: (a) Property lines and physical features, including roads, for the project site. (b) Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping and screening vegetation or structures. (c) A screening and landscaping plan to show adequate measures to screen through landscaping, grading or other means so that views of the storage systems shall be minimized as reasonably practical and feasible from public roadways and adjacent properties. (d) Location of the battery energy storage system and setbacks from property lines. (e) A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. The diagram should describe the location and layout of all solar energy system components, if applicable, and should include applicable setback and other bulk and area standards. (f) A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit. § 230-48.2 CROTON-ON-HUDSON CODE § 230-48.2 (g) Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of a building permit. (h) Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system. (i) Zoning district designation for the parcel(s) of land comprising the project site. (j) Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location. (k) Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. (l) Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information, and shall meet all requirements set forth in the Uniform Code. (m) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board. (n) Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer. (o) Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the Fire Chief, and the Village Engineer or Building Inspector. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information: [1] Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions. [2] Procedures for inspection and testing of associated alarms, interlocks, and controls. [3] Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair § 230-48.2 ZONING § 230-48.2 personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure. [4] Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire. [5] Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when a SDS is not required. [6] Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility. [7] Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders. [8] Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures. (4) Special permit standards. In addition to the other special permit standards in this chapter, the following special permit standards shall apply for Tier 2 battery energy storage systems: (a) Bulk requirements. Tier 2 battery energy storage systems shall comply with the lot size, setbacks and height requirements of the underlying zoning district for principal structures. (b) Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports. (c) Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. The screening shall not, however, interfere with the normal operation, ventilation or exhaust ports, or fire safety of the storage system. A covenant regarding the maintenance of any required screening shall be provided by the applicant. (5) Access. Vehicular access within the site shall be designed to minimize the extent of impervious materials and soil compaction and meet any applicable emergency access or safety requirements. (6) Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way. (7) Signage. § 230-48.2 CROTON-ON-HUDSON CODE § 230-48.2 (a) The signage shall be in compliance with ANSI Z and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number. (b) As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. (8) Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties and shall minimize impacts on nocturnal animals where practicable. (9) Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees shall be governed by Chapter 208, Trees, and should be minimized to the extent possible. (10) Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 160, Noise. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. (11) Conditions. The following shall be made conditions of all special permits issued for Tier 2 battery energy storage systems. (a) Ownership changes. If the owner or operator of the battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Village Engineer or Building Inspector in writing of such change in ownership or operator within 30 days of the ownership change. The special permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Village Engineer or Building Inspector in the required time frame. Reinstatement of a void special permit will be subject to the same review and approval processes for new applications under this chapter. (b) Upon cessation of electricity generation of a battery energy storage system on a continuous basis for a period of one year, the Village may notify and instruct the owner or operator of the battery energy storage system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification. (c) Lien. In the event of default of the owner or operator in the performance of removal of a battery energy storage system and/or complying with the requirements of the decommissioning plan, after proper notice, the Village shall be entitled to arrange for removal or decommissioning and restoration of the property in accordance with the § 230-48.2 ZONING § 230-48.2 decommissioning plan, and the cost of same incurred by the Village shall constitute a lien on the owner's real property. (12) Decommissioning. (a) Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include: [1] A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site; [2] Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; [3] The anticipated life of the battery energy storage system; [4] The estimated cost of decommissioning and removal of the battery energy system, as well as all necessary site remediation or restoration and a description of how said estimate was determined; [5] The method of ensuring that funds will be available for decommissioning and restoration; (b) The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and (c) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event. (d) Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Village, in a form approved by the Village Attorney, for the removal of the battery energy storage system as well as all necessary site remediation or restoration, in an amount to be determined by the Village, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. G. Safety; system certification. (1) Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards, as applicable: (a) UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power, and light electric rail applications); (b) UL 1642 (standard for lithium batteries); § 230-48.2 CROTON-ON-HUDSON CODE § 230-48.3 (c) UL 1 or UL 62109 (inverters and power converters); (d) Certified under the applicable electrical, building, and fire prevention codes as required; (e) Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9 and applicable codes, regulations and safety standards may be used to meet system certification requirements. (2) Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Fire Chief and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps. (3) Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70. § 230-48.3. Geothermal energy systems. [Added 11] A. Legislative intent and purpose. The purpose of this section is to allow and encourage non-solar renewable energy systems that harness geothermal energy within the Village according to certain safeguards and conditions. The intent is to balance the desirability and demand for geothermal energy systems with maintaining the aesthetics of the Village and minimize the potential for any negative impact by these systems and to protect the health, safety and welfare of the residents of the Village. B. Definitions. As used in this section, the following terms shall have the meanings indicated: GEOTHERMAL ENERGY EQUIPMENT — Any device, supply lines, return lines, control valves, wiring, meters, switches, modules, inverters or other equipment associated with the installation or function of a geothermal energy system. GEOTHERMAL ENERGY SYSTEM — An energy system that uses heat or power from underground for heating, cooling, or generating other types of energy. C. General design standards for geothermal energy systems and equipment. (1) Any aboveground geothermal energy equipment shall not be located in any front yard, and shall be subject to side and rear yard setback requirements for accessory structures. (2) At the discretion of the Village Engineer, outdoor aboveground geothermal energy equipment shall be screened from adjacent properties by landscaping, fencing, or other methods to minimize the aesthetic impact of the geothermal energy equipment on adjacent properties. (3) All underground components of geothermal energy systems, including borings, loops, and other equipment, shall be set back at least five feet from side and rear lot lines. (4) All borings and loops shall be set back at least 10 feet from the foundation of any structure, unless the foundation is a concrete slab, in which case, all borings and loops shall be set back at least five feet from the foundation of any structure. (5) Geothermal energy systems shall not encroach on any public or private utility or right-of-way easement. § 230-48.3 ZONING § 230-48.4 D. Procedure. (1) Site plan approval. Site plan approval is not required for any geothermal energy system except where Planning Board review is specifically required by § 230-67. (2) An application with plan shall be submitted to the Village Engineer as a requirement for the issuance of a building permit for any geothermal energy system. Such plan shall indicate all existing and proposed grading, excavating, filling, paving, fencing, tree removal, wetlands, utilities, easements, erosion and sediment control devices, and screening as it may relate to the proposed geothermal energy system. The plan shall also indicate the location of all property lines and shall comply with the requirements and standards of this section. § 230-48.4. Adult entertainment use. [Added 3-27-2024 by L.L. No. 7-2024] A. Findings and purpose. (1) The Board of Trustees of the Village of Croton-on-Hudson hereby finds that adult entertainment uses of property, by their very nature, have serious objectionable characteristics that can have a significant impact on the neighborhood and community in which they are located. (2) The Board of Trustees further finds that: (a) The uncontrolled proliferation and inappropriate location of such uses would be inconsistent with existing development and future plans for the Village of Croton-on- Hudson, in that such uses can contribute to the blighting or downgrading of neighborhoods in which they are located as a result of their related potential for an increase in crime and the undermining of the economic, moral and social welfare of the community. (b) Such uses can adversely impact the general health, safety and economic well-being of the entire community and, in particular, the children of the community. (c) The location of such uses in areas where children reside or may regularly assemble is of great concern to the Village of Croton-on-Hudson. (3) In order to prevent the deleterious location and concentration of such businesses and to ensure that those effects will not adversely affect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Croton-on-Hudson finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Village of Croton-on-Hudson. Therefore, it is the primary purpose of this section to restrict adult entertainment use businesses to nonresidential areas of the village and to specifically reduce their potential accessibility to children. B. An adult entertainment use may be permitted, subject to the issuance of a special permit from the Board of Trustees and in accordance with the following conditions and standards: (1) Adult entertainment use shall only be permitted in the LI Light Industrial Zoning District. (2) No adult entertainment use shall be closer than 500 feet from any lot line of any other lot on which there is another adult entertainment use. (3) No adult entertainment use shall be established closer than 500 feet from the lot line of any area where youth may regularly assemble, including but not limited to, a school, nursery school, day- care center, library, hospital, church or other regular place of religious worship, community § 230-48.4 CROTON-ON-HUDSON CODE § 230-48.4 center, park, playground, recreational area or field. (4) No more than one adult entertainment use as defined above shall be located on any individual lot. (5) No adult entertainment use shall be established unless the provisions of all applicable laws, rules and regulations of the Village of Croton-on-Hudson have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Village of Croton-on-Hudson, the most restrictive law, rule or regulation shall apply. C. Waiver of restrictions. The restrictions enumerated in § 230-48.4B(2) through (4) may be waived by the Village Board of Trustees if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this section: (1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this section will be observed; and (2) That the establishment of an additional use of the type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential. D. Inspection requirements. (1) Prior to the commencement of any adult entertainment use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations within the jurisdiction of the Fire Department, the Village Engineer and other code enforcement officials. (2) The Fire Department, the Village Engineer and other code enforcement officials shall complete their certification that the premises are in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Village Manager. (3) An applicant or permittee and/or licensee shall permit representatives of the Village Police Department, Fire Department, Engineering Department or other Village departments or agencies to inspect the premises of an adult entertainment use for the purpose of insuring compliance with the law at any time it is occupied or open for business. (4) The Village Manager shall suspend the right to conduct such adult entertainment use for a period not to exceed 30 days if he determines that the owner and/or operator or an employee of the owner and/or operator has: (a) Violated or is not in compliance with any section of this section. (b) Engaged in excessive use of alcoholic beverages while on the adult entertainment use business premises. (c) Refused to allow an inspection of the adult entertainment use premises as authorized by this section. (d) Knowingly permitted gambling by any person on the adult entertainment use business premises. (e) Knowingly allowed possession, use or sale of controlled substances on the premises. (f) Knowingly allowed prostitution on the premises. § 230-48.4 ZONING § 230-48.5 (g) Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises. (5) Prior to any suspension, the Village Manager or Code Enforcement Officer shall provide the owner and/or operator with a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its written response to this notice to the Village Manager within 10 days of receipt of said notice. The Village Manager may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner. E. Penalties for offenses; enforcement. (1) A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to this section shall be subject to prosecution and punishment under § 1-1 of the Code of the Village of Croton-on-Hudson or, in the alternative, violation of this section may be enforced by injunction. (2) The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder. (3) If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid. (4) An adult entertainment use lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult entertainment use business, of a school, nursery school, day-care center, library, hospital, church or other regular place of religious worship, community center, park, playground, recreational area or field within 500 feet of the adult entertainment use business. § 230-48.5. Boarders. [Added 2-12-2025 by L.L. No. 3-2025] A. Boarders permitted. One non-transient boarder or roomer shall be permitted to occupy a room within a single-family or two-family dwelling upon the issuance of a boarder permit by the Village Engineer, provided that the following conditions are met: (1) The owner of the dwelling must occupy as a principal residence the premises for which permission is sought to house a boarder. (2) The dwelling shall not contain an accessory apartment, nor may any accessory cottage exist on the subject property. (3) The sleeping room utilized by the boarder shall have not less than 100 square feet of floor area, exclusive of closet space. (4) The dwelling shall comply with this chapter and all applicable building, fire, electrical, health and other safety codes. (5) The dwelling space occupied by the boarder shall not have independent cooking facilities. Food storage and microwave ovens are permitted after issuance of a boarder permit by the Village Engineer. Refrigerated food storage shall be limited to a six-cubic-foot-capacity storage unit. § 230-48.5 CROTON-ON-HUDSON CODE § 230-48.5 Microwave ovens shall be utilized on a table or bench not to exceed 36 inches in height. (6) No boarder permit shall be issued unless the subject application is reviewed and approved by the Village Engineer. The Village Engineer may require a physical inspection of the property to ascertain the adequacy of the structure to accommodate such boarding use, and the adequacy of the site to provide appropriate off-street parking facilities. (7) Every application for a boarder permit shall be accompanied by a fee set by resolution of the Board of Trustees. B. The Village Engineer shall establish all forms, rules and regulations necessary to administer the provision of this section. A record of all permits shall be kept in the office of the Village Engineer. C. All owners of dwellings that house a boarder as of the effective date of this section shall apply to the Village Engineer for a boarder permit within 90 days of the effective date of this section. If the application is made within 90 days, the owner of the dwelling shall not be deemed in violation of this section until a final determination on the application has been made. If the application is not made within 90 days, the owner of the dwelling shall be deemed in violation of this subsection. D. A boarder permit shall expire automatically upon change of ownership of the dwelling or when the owner ceases to reside in the dwelling. In such event, the boarder shall be permitted to reside in the dwelling for 60 days if the owner of the dwelling so consents, unless the Village Engineer approves an additional extension of time. (1) If a dwelling with a valid boarder permit is sold or transferred, the new owner may, within 60 days from the taking of title, apply for a boarder permit. All the conditions set forth in this section must be met. A new owner shall not be deemed in violation of this section provided an application is submitted within the sixty-day period. (2) Should the new owner house a boarder but fail to apply for a boarder permit within 60 days from the taking of title, the new owner shall be deemed in violation of this chapter. In addition, the new owner shall be precluded from applying for a boarder permit for a period of one year from the date on which title was transferred. E. Any property owner who houses a boarder and fails to obtain a boarder permit or who violates any provision of this section or regulation promulgated thereunder shall be guilty of an offense publishable by a fine of not more than $500 upon conviction of a first offence, and, for the second and each subsequent conviction, by a fine of not more than $1,500. Each month's continued violation shall constitute a separate additional violation. The Village Engineer may revoke the boarder permit of any owner who violates any provision of this section. ARTICLE VIII Off-Street Parking, Driveways and Loading Facilities § 230-49. Permitted accessory parking. A. Off-street parking spaces, open or enclosed, are permitted accessory to any use. One commercial vehicle with less than three-fourths-ton capacity may be parked within a private garage or a lot in any residence district. B. Trailers and boats. Use of a trailer by any person or persons is hereby prohibited in all residence districts. One boat may be parked on any occupied lot not nearer than eight feet to the side or rear lot line and not farther than 20 feet from the rear lot line of such lot. No trailer shall be hooked up to any power source in any residence district. [Amended 5-7-1990 by L.L. No. 2-1990] C. Driveways. (1) No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. (2) The level of a sidewalk may be raised or lowered not more than six inches for the construction of a driveway. The surface of the driveway shall be substantially level where it crosses the sidewalk, and the transitions between sidewalk and driveway levels shall be constructed with gradual and uniform grades. D. Sidewalks. As a condition to the issuance of a certificate of occupancy, all existing sidewalks must be repaired and left in a safe and presentable condition. § 230-50. Permitted accessory loading berths. Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. However, no off-street loading berth shall be located in a front yard, and within a residence district, no loading berth shall be located less than 50 feet from any adjacent residential lot. § 230-51. Required off-street parking spaces. A. Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in Article VI, District Bulk and Parking Regulations, and as specified below for each use in any district. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations. [Amended 5-7-1990 by L.L. No. 2-1990] Use At Least 1 Parking Space for Each Places of worship, libraries and other public 200 square feet of floor area, but not less than buildings 1 space for each 5 seats where provided* Schools 12 seats or students Hospitals 2 per bed Sanitariums, nursing homes and homes for Bed the aged Rooming houses Guest room Use At Least 1 Parking Space for Each Eating and drinking places 4 seats Theaters 5 seats Undertakers 2 employees, plus 5 spaces for each chapel Hotels Guest room Bowling alleys 1/2 alley Home occupations or professional offices 3 spaces for each establishment or practitioner *NOTE: The Planning Board may waive these requirements in the case of the expansion of an existing use on a lot occupied by such use prior to December 14, 1961. B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than a driveway located on a portion of a corner lot upon which an obstruction may not be placed or maintained under § 230-40C(1). C. Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located, and in no event shall such parking spaces be located in any residence district unless the uses to which they are accessory are permitted in such districts or by special permit of the Board of Appeals. Unless otherwise approved by the Planning Board, such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either: [Amended 6-4-2012 by L.L. No. 1-2012145] (1) Throughout the existence of such use to which they are accessory; or (2) Until such spaces are provided elsewhere. D. Size of spaces. Three hundred square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection B above. E. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more. F. Drainage and surfacing. All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a dustless surface, except for parking spaces accessory to a one- family or two-family residence. 145. Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 1 of L.L. No. 1-2012 states: “The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects.” G. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. H. Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Board of Appeals may reduce the total parking spaces required for that use with the least requirement. § 230-52. Supplementary regulations for parking and loading facilities. A. Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces nor any loading berth shall be located within 50 feet of the intersection of any two street lines. B. On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district or by special permit of the Board of Appeals. C. Supplementary parking regulations in the Multiple Residence RC District. In the RC District, wherever space is provided for the parking of 1 or more vehicles in the open, such spaces shall be individually identified by means of pavement markings and shall be screened by a substantial solid wall or fence or thick hedge 6 1/2 feet in height above the average finished grade of the parking area. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear years. The parking of motor vehicles within 15 feet of any wall or portion thereof of a two- or more family dwelling, which wall contains legal windows, other than legal bathroom or kitchen windows, with a sill height of less than eight feet above the level of said parking space is prohibited. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or refueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. D. Supplementary regulations for any parking spaces adjacent to residence districts. (1) Wherever a parking lot abuts the side or rear lot line of a lot in a residence district, said parking lot shall be screened from such adjoining lot by a substantial wall or fence or thick hedge with a height of not less than 6 1/2 feet. (2) Wherever a parking lot is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of 20 feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. (3) Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use. E. Landscape standards. [Added 6-18-2001 by L.L. No. 10-2001] (1) Parking lots. (a) Off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board; such approval shall be based upon consideration of the adequacy of the proposed landscaping, to assure the establishment of a safe, convenient and attractive parking facility needing a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. These standards shall apply to all proposed parking areas in proposed site plans, except for the following: [1] Parking spaces accessory to a single- or two- family dwelling. [2] Parking spaces serving a commercial building of less than 5,000 square feet. (b) At least one tree not less than 2 1/2 inches caliper, measured three feet above ground level at time of planting, shall be provided within such parking areas for every 10 parking spaces. In all off-street parking areas containing 2 or more parking spaces, at least 10% of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other material. (c) Raised planting islands at least six feet in width shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials. The Planning Board may accept an alternative to the interior landscape requirements if it finds that an applicant has submitted a superior landscape plan. (d) All maintenance equipment, including accessories, shall be stored in enclosed structures only, which shall conform to the architectural theme of the development. (2) Screening and buffer areas. (a) Landscaped areas. All portions of multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with the planting of trees and shrubbery, as approved by the Planning Board as part of the site plan, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Village as a whole. (b) Buffer areas. [1] On all multifamily and nonresidential developed properties, a landscaped buffer area shall be required to screen and protect neighboring properties from the view of uses and parking areas on the site. [a] This buffer shall be at least 10 feet in depth along any lot line and along any street. [b] It shall be of evergreen planting of such type, density and height, which in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approval plan for the use of the lot. [2] A wall or fence, of location, height and design approved by the Planning Board, may be substituted for the required planting. [a] Modifications. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements. [b] Maintenance and responsibility. All planting shown on an approved site plan or special permit plan, including planting within a street right-of-way, shall be maintained by the property owner in a vigorous condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. [3] All new plant materials shall be consistent with the existing vegetation of the site and the surrounding areas. Plant materials judged to be inappropriate by the Planning Board will not be approved. ARTICLE IX Nonconforming Buildings and Uses § 230-53. Regulation and control. Subject to the provisions of § 230-54, the following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses: A. Any nonconforming use, except those nonconforming uses specified in Subsection E may be continued indefinitely, but: (1) Shall not be enlarged, extended, reconstructed or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. [Amended 1-19-1999 by L.L. No. 1-1999; 11-15-1999 by L.L. No. 10-1999] (2) Shall not be changed to another nonconforming use without a special permit from the Village Board of Trustees and then only to a use which, in the opinion of said Board, is of the same or a more restricted nature. (3) Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so. B. Except as provided in Subsection D below, no building which houses a nonconforming use shall be: (1) Structurally altered or enlarged. (2) Moved to another location where such use would be nonconforming. (3) Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations. Any such building, damaged to a lesser extent may be restored but not enlarged and the nonconforming use reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued unless such nonconforming use is carried on without interruption in the undamaged portion of such building. C. Normal maintenance and repair, structural alteration in or moving, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum habitable floor area per dwelling is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building. [Amended 1-21-1985 by L.L. No. 1-1985] D. Nothing in this article shall be deemed to prevent normal maintenance and repair of any building, the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Village Engineer shall state the precise reason why such alterations were deemed necessary. E. Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Village to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after November 10, 1960, which period of time as specified for the purpose of permitting the amortization of the remaining values, if any, of such use shall be as follows: (1) In any residence district, any nonconforming use of open land, including such uses as a parking lot, trailer, junkyard or open storage yard for materials or equipment, may be continued for two years after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated. (2) In any residence district, any sign not of a type permitted or of a permitted type but greater than two times the maximum permitted size may be continued for one year after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated. (3) In any nonresidential district, any sign not of a type permitted or of a permitted type but greater than two times the maximum permitted size may be continued for two years after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated. § 230-54. Interpretation. A. In no event shall any use unlawfully established under the Village of Croton-on-Hudson Zoning Ordinance of 1 and the Zoning Map constituting a part thereof, as said ordinance and Map shall have been amended prior to adoption of this chapter, be deemed to be a nonconforming use under this chapter. B. Any building, structure or use constructed in conformance with a site development plan approved pursuant to the Riverfront Development Use (RDU) District provisions, prior to their repeal from this chapter, shall not be considered nonconforming in the context of this article of this chapter. However, said building, structure or use shall continue to be bound by said approved site development plan. [Added 2-16-1999 by L.L. No. 3-1999] ARTICLE X Special Permit Uses [Amended 5-7-1990 by L.L. No. 2-1990; 1-19-1999 by L.L. No. 1-1999; 7-6-1999 by L.L. No. 6-1999; 1-31-2005 by L.L. No. 1-2005; 7-16-2007 by L.L. No. 3-2007; 5-20-2019 by L.L. No. 7-2019; 9-12-2023 by L.L. No. 17-2023; 5-21-2025 by L.L. No. 8-2025] § 230-55. Purpose; when required. Any use in any part of this chapter made subject to a special permit by the Village Board of Trustees may be permitted on application and after public notice and hearing. Such use shall be deemed to be prohibited unless a special permit has been granted by the Village Planning Board and filed with the Village Clerk. The purpose of a special permit use is to allow for the proper integration of uses in the community and appropriate zoning districts. Because of their characteristics, or the special characteristics of the area in which they are to be located, special permit uses require consideration and conditions so that they may be properly located with respect to the objectives of this chapter and their proposed use is in harmony with local zoning laws and will not adversely affect the neighborhood if such requirements are fully met. If an application for a special use permit does not meet the statutory conditions for its use, it shall be deemed a non-conforming use. § 230-56. Renewal. The grant of a special permit for the use indicated therein may be conditioned on periodic renewal, which renewal may be granted only following upon public notice and hearing. Such renewal shall be withheld or granted subject to terms and conditions additional to or different from those in the original grant only upon a determination that: A. The factors which justified the original grant no longer exist or have changed sufficiently to require additional or different terms and conditions; or B. The terms and conditions of the original special permit have not been or are not being complied with, wholly or in part. A notice of violation pursuant to § 230-173 shall be prima facie evidence of lack of conformity with such terms and conditions. § 230-57. Application. Application for a special permit pursuant to this article shall be made, in writing, to the Village Planning Board, accompanied by such fee as the Village Board of Trustees may from time to time set by resolution.146 Such petition shall be supported by a preliminary site development plan containing information required by Article XI of this chapter. All conditions associated with a special permit must be addressed to be deemed a complete application by the Building Department. The submission must include the following documentation: A. A description of the proposed use, with reference to the appropriate use and regulations of this chapter, including any supplementary regulations applying thereto. This description should identify any potential detrimental impacts to adjacent properties and impacted communities. B. A basic cost-benefit analysis or similar study to review the estimated municipal costs, services and prospective revenues which would be generated by the proposed use. At their discretion, either the 146. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. See also Ch. 122, Fees. Building Department or Planning Board may require a municipal impact study from any application. C. Evidence that the proposed use is consistent with the goals of the Village Comprehensive Plan. D. A traffic and circulation study projecting the effects of the proposed use of the existing and probable future traffic and access in the vicinity of the proposed use. E. Copies of environmental assessments or permit applications and supporting materials which may be required to meet New York State or federal regulations. F. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved special permit shall be consistent with the provisions of Chapter 196, Article I. § 230-58. Review of application. Every application for a special permit shall be filed with the Building Department both electronically and with hard copies. The number of hard copies of the application and supporting documentation needed for the Planning Board shall be determined by the Building Department. Electronic versions of the application shall be distributed to the Board of Trustees for its recommendation, if any. The Planning Board may also adopt such terms and additional conditions to the special permit as it deems appropriate to achievement of the foregoing objectives and the following goals: A. The accessibility of all proposed structures to fire and police protection. B. The compatibility of the location, size and character of the proposed use with the orderly development of the zoning district in which it is located and with that of adjacent properties in conformity with the zoning district applicable to such properties. C. The safety, convenience and congruity with the normal traffic of the neighborhood and of the pedestrian and vehicular traffic generated by the proposed use, taking into particular account the location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets. D. The compatibility of the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site with adjacent land and buildings and their appropriate development. E. Protection of adjacent properties or impacted communities. F. The preservation of ecological or environmental assets of the site or adjacent lands. § 230-59. Public hearing; escrow amounts. Upon the filing of an application deemed complete by the Building Department, the Planning Board will place the application upon its agenda in due course for a presentation and then a public hearing. No application shall be processed or placed on an agenda until all applicable outstanding fees, fines, taxes, professional fees and escrow amounts are paid and the Building Department deems the application complete. At any stage, if an application should fall into arrears regarding the foregoing or if escrows are not replenished per § 178-2, the Building Department may administratively remove the application from any agenda and stay the public hearing until the arrears has been paid or not process the related application or issue relevant permits. The Building Department may, at its discretion deem an application abandoned after giving reasonable notice regarding the same. § 230-60. Goals and objectives; referral to county; notice of public hearing. A. The Planning Board, in considering any application for a special permit hereunder, shall make findings on the objectives and goals listed in § 230-5 and, in addition, may refer legislative matters to the Board of Trustees so as to ensure that the public health, welfare and safety shall be protected, that the environmental and land resources of the community shall be put to the best possible use and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and its permitted use by right under this chapter. B. Applications shall be referred, when required by law, to the Westchester County Planning Department for review pursuant to the Westchester County Administrative Code at least 30 days' prior to the required public hearing. Notice of the public hearing shall be published at least once not less than 10 days' prior to the date of the hearing in the official newspaper, and notice of hearing shall be mailed not less than 10 days' prior to the date of the hearing to all owners of property abutting and within 200 feet of the property for which such application is made and to any other person(s) the Planning Board may deem to be particularly affected. In the case of any special permit application pertaining to real property within a distance of 500 feet of the boundaries of any municipality or state or county road, park or other state-owned facility, notice of such hearing shall be mailed to the Clerk of such municipality, and to the County Planning Department not less than 10 days' prior to such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken in connection with the grant or denial of any special permit. § 230-61. Conditions; notice of decision. A. The Planning Board, in approving any special permit hereunder, shall require conformance to any supplementary regulations applying to such uses generally and may establish additional conditions, including but not limited to: (1) Increasing required lot size or yard dimensions; (2) Controlling the location and number of vehicle access points; (3) Increasing street widths; (4) Limiting the number, size and location of signs; (5) Requiring fencing, screening, landscaping, or other facilities to protect adjacent properties; (6) Requiring alternate location and layout of buildings; (7) Architectural features; (8) Site plan conditions related to the special permit and effected parcels; (9) Further define or limit the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. B. The decision of the Village Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. § 230-62. Timing, appeals and waivers. A. Unless specifically exempted in the decision of the Planning Board, any regulation or conditions of such special permit shall not be subject to appeal before the Zoning Board of Appeals, and any such appeal shall render such permit void and without effect without necessity of further action by the Village. Any person aggrieved by any decision of the Planning Board hereunder shall, within 30 days of the filing of the decision, apply to a court of competent jurisdiction pursuant to the Village Law and Article 7 of the Civil Practice Law and Rules. B. No requirement or conditions imposed by this article for any special permit use shall be waived by the Planning Board, Board of Appeals or the Board of Trustees and shall be the minimum requirements for any authorization hereunder. No requirement or conditions imposed by this Article for any special permit use shall be varied or reduced to such an extent that it would frustrate the purpose of this law or eviscerate a requirement or condition in its entirely. The grant of a special permit shall authorize only one special permit use and shall be limited only to the use described and approved in such permit. Special permits shall, unless subject to periodic renewal at the discretion of the Planning Board, be granted for an indefinite period but shall expire automatically two years from the date of grant, unless at such time substantial construction has begun pursuant to the approved application. The Building Department shall have the discretionary authority to issue a one-year extension for good cause shown. § 230-63. Performance guaranty. The Planning Board may, as a condition to the grant of a special permit, require a bond on terms satisfactory to the Building Department, guaranteeing performance of the final site development plan approved therein. § 230-64. Final site development plans. The applicant shall be required to submit to the Planning Board site development plans contemporaneously with its special permit application. Upon recommendation of the Building Department, and at the discretion of the Planning Board, the Planning Board may streamline its process and contemporaneously review site development plans and any application for a special permit. The Planning Board shall approve, approve conditionally or disapprove such plans, in accordance with Article XI of this chapter and such regulations as the Village may have adopted or may in the future adopt under such article. § 230-65. (Reserved) ARTICLE XI Site Plan Approval [Amended 1-31-2005 by L.L. No. 1-2005] § 230-66. General procedure. In all cases where this chapter requires approval of site plans by the Planning Board, such site plans shall be submitted to said Board by the Village Engineer, and no building permit shall be issued by him or her except in conformity with the approved site plans. § 230-67. Uses and actions subject to site plan approval and minor site plan approval. [Amended 8-12-2019 by L.L. No. 8-2019; 2-12-2025 by L.L. No. 3-2025] A. Site plan approval by the Planning Board shall be required in all districts for the following uses and actions: (1) Any new construction or enlargement of a building, with the exception of new construction or enlargement of a residential building in an RA or RB District (see § 230-67B). (2) A change of use in which a change of building footprint is also proposed. (3) Proposed new roads and driveways, and changes to existing roads and driveways, with the exception of new roads and driveways and changes to existing roads and driveways in an RA or RB district. (4) Tier 2 solar energy systems except where located on a residential lot in the RA and RB Zoning Districts. B. Minor site plan approval shall be required in all districts for: (1) Any new construction of a residential building, including a manufactured home in accordance with § 230-40I. The construction of residential decks and patios, walkways and gardens are not subject to site plan review. (2) Any enlargement of a single-family or two-family home that brings the total habitable floor area to 80% or more of the maximum permitted habitable floor area. The maximum habitable floor area is calculated by multiplying the maximum FAR in that zoning district by the lot size. When any enlargement of a single-family or two-family home is subject to minor site plan review, then the structures accessory to that single-family or two-family home, such as garages, are subject to minor site plan review as well. (3) Any proposed clearing of trees or earthwork on any property involving 20% or more of the site. (4) Any change of use where no change to the building or site is proposed. (5) Roof-mounted solar energy systems except where located on a residential structure in the RA and RB Zoning Districts. C. Routine maintenance and investment such as repainting, reroofing, and resurfacing/residing, and window replacement shall be excluded from site plan review and minor site plan review. § 230-68. Presubmission. A. Site plan review. Prior to the submission of a formal site development plan, the applicant should meet in person with the Planning Board and/or its designated representative to discuss the proposed site development plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Board's attitude and requirements in matters relating to site development. B. Minor site plan review. For minor site plan review, the applicant shall submit the proposed building or clearing plan to the Village Engineer. Based on the proposed plan, the Village Engineer shall determine which of the criteria listed in § 230-69D shall be included on the site plan. The completed site plan shall then be submitted for review in accordance with § 230-69A and B of this article. § 230-69. Required submissions. A. At least 15 days in advance of the Planning Board meeting at which a site development plan or an amendment of it or a minor site plan is to be presented, 10 copies of the site development plan and the information enumerated below must be submitted to the Village Engineer, along with a letter of application, if requested. B. In addition, the application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees.147 In the event that an application for site plan development is not approved, the applicant shall be entitled to a refund of 50% of the fee paid. Once approval has been given of a site plan, no refund shall be made regardless of whether the project is ever completed. C. The foregoing schedule of fees and provisions relating to refund of fees shall also be applicable to applications for approval of subdivision plats. D. The information to be submitted and which, in total, constitutes a site development plan shall be as follows: (1) Legal data. (a) The names of all owners of record of all adjacent property and the lot, block and section number of the property. (b) Existing zoning district boundaries. (c) Boundaries of the property: building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary by the surveyor. The error of closure shall not exceed 1:10,000. (d) A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract. (2) Existing buildings and facilities. (a) The location of existing buildings. (b) The location of existing water mains, culverts and drains on the property with pipe sizes, grades and direction of flow. (3) Topographic data. 147. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. (a) Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board. (b) The location of existing watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of six inches or more measured three feet above the base of the trunk, and other significant existing features. (4) Development data. (a) The title of development, date, North point, scale, and name and address of record owner, engineer, architect, land planner or surveyor preparing the site development plan. (b) The proposed use or uses of land and buildings and proposed location or locations of buildings, including proposed grades. (c) All proposed lots, easements and public and community areas. All proposed streets with profiles indicating grading and cross sections showing width of the roadway, location and width of the sidewalk and locations and size of utility lines. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary by the surveyor. The error of closure shall not exceed 1:10,000. (d) All means of vehicular access and egress to and from the site onto public streets. (e) The location and design of any off-street parking areas or loading areas. (f) The location of all proposed waterlines, valves and hydrants and of all sewer lines with profiles, indicating connections with existing lines or alternative means of water supply or sewage disposal and treatment. (g) The proposed location, direction, power and time of proposed outdoor lighting by means of data, details and an illumination contour plan which shows that lighting equal to or greater than 1/2 footcandle will not splay off site. (h) The proposed screening, where deemed necessary by the Board. (i) The proposed stormwater drainage system. (j) The location, either existing or proposed, of tents, ramada structures, inflatable structures and similar structures or facilities which are erected or intended to be erected for more than 30 days within any one-year period, all of which are deemed structures or facilities that must be shown on any required site plan. (k) A plan showing existing slopes, rock outcrops, and rock ledges on the site and the environs within 200 feet of the property boundaries, and the postconstruction plan showing proposed topographic contours and profiles, with existing and proposed contours to be shown at a maximum vertical interval of two feet. (5) Architectural features. (a) Purpose. To improve the overall visual and built quality in the Village, to encourage quality exterior building design, and to encourage buildings that are appropriate in design and scale to the site and surrounding area, the Planning Board shall also consider architectural features in its review of site development plans and minor site plans. (b) Required submissions. In addition to the materials listed in § 230-69D(1) through (4), the applicant shall be required to submit the following materials to the Planning Board in order to demonstrate the design context within which a development is proposed. [1] A photographic montage or appropriate drawings of the proposed development and its accompanying street district. The montage or drawings shall show the proposed building and all buildings within a two-hundred-foot radius of the proposed building. If the building is within 200 feet of a corner, the montage or drawings shall include the corner and that part of the adjacent block within the two-hundred-foot radius of the proposed building. [2] Scaled building elevations. [3] Narrative description and/or samples of proposed exterior building materials and treatments. (6) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any site development plan approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved site development plan shall be consistent with the provisions of Chapter 196, Article I. [Added 7-16-2007 by L.L. No. 3-2007] § 230-70. Review by Planning Board. A. The Planning Board shall review the site plans or any amendment of such plans in the same manner as is prescribed by state law for the review of subdivision plats,148 with public notice for hearing to be identical to those required by § 230-164B for the Zoning Board of Appeals. For minor site plan review, the public notice and public hearing provisions of § 230-164B are not required. The Planning Board may approve minor site plans in one meeting if the Board determines that the applications meet the approval criteria. The Planning Board shall by resolution approve, with or without modifications, or disapprove a minor site plan application within 90 calendar days of receipt of a complete application by the Planning Board. If such decision is not rendered by the Planning Board by the 91st day, the application shall be deemed approved unless the applicant has consented to a further continuation of the review process. B. In considering and approving the site development plan, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and particularly with regard to satisfactorily achieving the criteria listed below. (1) Maximum safety of traffic access and egress. (2) A site layout, including the location, character and appearance of any proposed building, group of buildings or sign location, with the power, direction and time of any outdoor lighting of the site, which would have no adverse effect upon any properties in adjoining residence districts by impairing the established character or the potential use of properties in such districts. (3) The reasonable screening, at all seasons of the year, of all playgrounds and parking and service 148. Editor's Note: See Art. 7 of the Village Law areas from the view of adjacent residential properties and streets. (4) Conformance of the proposed site development plan with such portions of the Master Plan of the Village of Croton-on-Hudson as may be in existence from time to time. (5) In applicable cases, a drainage system and layout which would afford the best solution to any drainage problems. (6) In specific cases where the Planning Board finds that the maximum setback distances from the front, side or rear lot lines fail to maintain adequately the residential characteristics of surrounding residential properties, if any, it may require that such distances be increased, but in no case may it reduce said minimum setbacks. (7) Location, arrangement, appearance and sufficiency of the off-street parking and loading. (8) Adequacy of water supply and sewage disposal facilities. (9) Adequacy of fire lanes and other emergency zones and the provision of fire hydrants. (10) Safe, adequate and convenient pedestrian access and circulation both within the site and to adjacent streets. (11) The preservation of scenic views and vistas, consistent with reasonable use of property, particularly to the Hudson and Croton Rivers. (12) Quality of architectural features. The following criteria are intended to provide a framework within which the Planning Board may judge the appropriateness of the project to the neighborhood context and, for renovations, to assess the compatibility of the proposed addition with the existing exterior building. The criteria are also designed to enable the designer of the project to exercise creativity and innovation. (a) Site development: the orientation, setback, alignment, spacing and placement of all buildings, and structures. (b) Building design: [1] Scale and proportion. The height, width, bulk and general proportions of the development, the ratio of wall surface to openings, and the ratio of the width and height of windows and doors. [2] Setback and orientation. The setback of the building, accessory structures, and retaining walls, and the orientation of the proposed building to the setbacks on the lot, as well as to the setbacks of proximate buildings and the common street setback. [3] Directional expression. The vertical, horizontal, or nondirectional facade character of the proposed building or addition, and its relationship to the existing building and/or proximate structures. [4] Windows and doors. The pattern of placement and proportions of windows and doors, and their relationship with that of the existing building and other structures in the two-hundred-foot vicinity of the building. [5] Roof form. Roof form should be in proportion to the structure and should relate to the materials and construction of the existing building and structures in the two- hundred-foot vicinity. [6] Features and details. Balconies, decks, covered porches, bracketed eaves, columns, balustrades, towers, turrets, skylights, and arches should be in proportion to each other. [7] Wall materials. Walls should be constructed of natural materials such as masonry, stone or wood, or of synthetic materials that are selected for harmony with natural materials. [8] Lighting. All lighting should be appropriate to the building and its surroundings in terms of style, scale and intensity of illumination. Low-wattage systems are preferred. Site lighting should be shielded to prevent glare or spillage onto adjoining properties. [9] Diversity of design. The designs for proposed new buildings should avoid: [a] Overly repetitive use of identical architectural features such as facade openings, cornice lines, etc. [b] Overly similar treatment of building elevations. [c] Excessive identical replication of the architectural style or treatment existing in surrounding buildings. [10] Historic quality. The building's value within the historic district or landmark fabric of the Village (i.e., built before 1931), or listed on, or determined eligible for, the state and/or National Register of Historic Places, or designated as a historic site or property by Westchester County. § 230-71. Variations or waivers. Variations or waiver of the general requirements outlined above may be permitted by the Board when, in its judgment, special factors warrant such variations or waiver. § 230-72. Maintenance of on-site improvements. A. It shall be the duty of each owner of property within the Village of Croton-on-Hudson for which property site plan approval under this article has been granted to erect, maintain, repair and replace all on-site landscaping, screening, paving and any other similar improvements required contingent to such site plan approval. Single-family and two-family homes are exempt from this requirement but are subject to the requirements of Chapter 179, Property Maintenance, of the Village Code and of the Property Maintenance Code of New York State. B. Notice of violation. Whenever the Village Engineer of the Village of Croton-on-Hudson determines that such on-site improvements are not being properly erected, maintained, repaired or replaced as required by Subsection A above, he shall include such determination in a notice of violation to be sent by the Village Engineer by registered or certified mail addressed to the owner of record of such land at the address shown on the last preceding assessment roll of the Village, which notice shall direct the owner to remove the violation within 30 days of mailing of the notice. The notice of violation shall specify the manner in which the on-site improvements do not comply with requirements, the correction that is required to be made and a statement that, in the event that the owner fails to comply within such 30 days, the Board of Trustees may direct the Department of Public Works to erect, replace, repair or maintain such on-site improvements and provide for the assessment of all costs and expenses so incurred by the Village in connection with any action taken by the Village to be placed as a lien against the property and included in the following year's Village tax levied on the property. C. Enforcement of violation notice. Whenever the notice of violation has not been complied with within the thirty-day period after mailing of the same, the Board of Trustees shall, by resolution, direct the Department of Public Works to erect, repair, replace or maintain such on-site improvements in the manner specified in the notice of violation and to assess the costs and expenses of the same as a lien against the property as provided in Subsection B. D. Recovery of expenses. The costs and expenses incurred pursuant to Subsection C shall be paid by the owner of record of the property as shown on the last preceding assessment roll of the Village. The Department of Public Works shall file among its records an affidavit stating with fairness and accuracy the items of cost and expense incurred and the date of execution of actions authorized by the Board of Trustees. The Receiver of Taxes and appropriate Village officials shall incorporate all such costs and expenses as a lien against the property by including the same in the following year's Village tax levied on the property unless said costs and expenses have been paid in full prior to preparation and mailing of the tax notice. § 230-73. Reservation of parkland. [Amended 10-23-2024 by L.L. No. 13-2024] A. Site development plans and recreation facilities. Any site plan containing residential units shall, when required by the Planning Board, include a park or parks suitably located for playground or other recreational purposes, in accordance with requirements of § 7-725-a, Subdivision 6, of the Village Law. The Planning Board shall determine whether a proper case exists for requiring such land reservation. Such determination shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. If such need is found to exist, and the Planning Board determines that suitable lands do not exist on the subject property for such reservation, the Planning Board may require the payment of a fee in lieu of parkland in accordance with § 230-73B herein. B. Where payment of a fee in lieu of parkland is required as set forth above, the payments made pursuant to this chapter shall be established by resolution of the Board of Trustees and set forth in the Master Fee Schedule, as may be amended from time to time,1 for each of the following dwelling types: efficiency (studio unit), one-bedroom unit, two-bedroom unit, three-bedroom unit, or single-family (detached or attached) dwelling. Units that are Affordable Affirmatively Furthering Fair Housing (AFFH) Units pursuant to § 230-48 shall not be included in the total number of dwelling units for calculation of such fee and no fee will be due for such units. Payment of such fee in lieu of parkland shall be a condition of site plan approval. C. This section shall not apply to property that formed part of a subdivision that was itself approved on condition that land or money be set aside for parks, playground or other recreational purposes. If the land included in a site plan under review is a portion of a subdivision plat that has been reviewed and approved, the Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plan approval. D. All funds paid in lieu of recreation land shall constitute a trust fund to be used by the Village of Croton-on-Hudson exclusively for park, playground or recreation purposes, including the acquisition 149. Editor's Note: The current fee schedule is on file in the office of the Village Clerk. of land. § 230-74. Plan amendments for dish antennas. In all cases where site plan approval is required under this chapter, the installation of a dish antenna in excess of 36 inches in diameter shall be deemed an amendment to the site plan or an action requiring a site plan if none has heretofore been approved and shall require submission to and approval by the Planning Board. § 230-75. (Reserved) § 230-76. (Reserved) § 230-77. (Reserved) § 230-78. (Reserved) § 230-79. (Reserved) § 230-80. (Reserved) § 230-81. (Reserved) § 230-82. (Reserved) § 230-83. (Reserved) § 230-84. (Reserved) § 230-85. (Reserved) § 230-86. (Reserved) § 230-87. (Reserved) § 230-88. (Reserved) § 230-89. (Reserved) § 230-90. (Reserved) § 230-91. (Reserved) § 230-92. (Reserved) § 230-93. (Reserved) § 230-94. (Reserved) § 230-95 CROTON-ON-HUDSON CODE § 230-119 § 230-95. (Reserved) § 230-96. (Reserved) § 230-97. (Reserved) § 230-98. (Reserved) § 230-99. (Reserved) § 230-100. (Reserved) § 230-101. (Reserved) § 230-102. (Reserved) § 230-103. (Reserved) § 230-104. (Reserved) § 230-105. (Reserved) § 230-106. (Reserved) § 230-107. (Reserved) § 230-108. (Reserved) § 230-109. (Reserved) § 230-110. (Reserved) § 230-111. (Reserved) § 230-112. (Reserved) § 230-113. (Reserved) § 230-114. (Reserved) § 230-115. (Reserved) § 230-116. (Reserved) § 230-117. (Reserved) § 230-118. (Reserved) § 230-119 ZONING § 230-119 § 230-119. (Reserved) ARTICLE XII Subdivision of Land [Adopted 1-31-2005 by L.L. No. 1-2005150] § 230-120. Approval required; adoption of regulations. A. Pursuant to resolutions of the Board of Trustees of the Village of Croton-on-Hudson and pursuant to the provisions of the Village Law, it is required that all plans showing new streets or highways and all plans of subdividing of land must be approved by the Planning Board of the Village of Croton-on- Hudson. B. The following regulations concerning such plans are hereby adopted by the Planning Board of such Village. C. The Village Board of Trustees shall be empowered, in its discretion, to waive any and all requirements, conditions and payments prescribed in this chapter in the case of an action that is a subdivision solely because it affects more than two lots but does not increase the number of preexisting buildable lots nor create a new lot that is not buildable without a variance or special permit. § 230-121. Definitions. For the purposes of the regulations governing applications for and approval of plans for subdivisions, the following definitions shall apply: SUBDIVISION — A. Subject to Subsection B below, any act which creates a lot line where none existed before or which removes a lot line where one existed before or a lease of 10 years or more covering only a portion of a lot where the property is substantially unimproved and is being leased for development. B. Notwithstanding Subsection A above, no act shall be deemed to constitute a subdivision if it meets the following three conditions: (1) It neither increases nor decreases the number of preexisting lots. (2) It affects no more than two lots. (3) It does not result in any nonconformity with this Chapter 230, Zoning, of the Code. TOPOGRAPHICAL MAP — A map showing ground elevations by contour lines and the location of important natural and other objects. § 230-122. (Reserved)151 § 230-123. Reservation of parkland. [Amended 10-23-2024 by L.L. No. 13-2024] A. Any subdivision plat containing residential units shall, when required by the Planning Board, include a park or parks suitably located for playground or other recreational purposes, in accordance with the 150. Editor's Note: This local law also repealed original Art. XII, Board of Appeals, as amended, which consisted of §§ 230-74 through 230-76. See now Art. XIV. 151. Editor's Note: Former § 230-122, Greenway Compact Plan, was removed from this article of the chapter 1-31-2005 by L.L. No. 1-2005; see now § 230-182. requirements of § 7-730, Subdivision 4, of the Village Law. The Planning Board shall determine whether a proper case exists for requiring such land reservation. Such determination shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on the projected population growth to which the particular subdivision plat will contribute. If such need is found to exist, and the Planning Board determines that suitable lands do not exist on the subject property for such reservation, the Planning Board may require the payment of a fee in lieu of parkland in accordance with § 230-123B herein. Where possible, 10% of the total area of the subdivision should be allotted for this purpose, except where such 10% amounts to less than 1/4 acre, and no recreation plot shall be less than 1/4 acre in size. B. Where payment of a fee in lieu of parkland is required as set forth above, the payments made pursuant to this chapter shall be established by resolution of the Board of Trustees and set forth in the Master Fee Schedule, as may be amended from time to time.152 Units that are Affordable Affirmatively Furthering Fair Housing (AFFH) Units pursuant to § 230-48 shall not be included in the total number of dwelling units for calculation of such fee and no fee will be due for such units. Payment of such fee in lieu of parkland shall be a condition of subdivision approval and payment shall be made prior to the signing of the subdivision plat by the Planning Board Chair. C. No sum of money shall be payable in lieu of park, playground or recreation land in relation to any lot which, on September 15, 1986, is already improved with a residential building. D. All funds paid in lieu of recreation land shall constitute a trust fund to be used by the Village of Croton-on-Hudson exclusively for park, playground or recreation purposes, including the acquisition of land. § 230-124. Reservation of land. In general, no plat of subdivision will be approved which reserves strips of land which, in the opinion of the Planning Board, will subsequently prove a detriment to the proper growth and development of the Village. § 230-125. Easements. Adequate easements for public utilities must be provided along side and rear lot lines when appropriate. § 230-126. Streets. A. Conformance to Official Map. New subdivisions, insofar as possible, shall conform to the Board's established Official Map. B. Relation to adjoining street system. The arrangement of streets in a new subdivision shall, in general, provide for the continuation of the principal existing streets in the adjoining allotment or their proper projection when adjoining property is not subdivided. In general, such streets shall be at least 50 feet wide. Greater width may be required for certain streets which are expected to be used as principal streets. In addition, 10 feet must be added on each side of any street designed or zoned for business. Names of streets must be indicated and must be approved by the Board of Trustees. C. Streets deflecting within the block. In general, street lines within any block deflecting from each other at only one point more than 10 degrees shall be connected with a curve, the radius of which for the inner street line shall not be less than 350 feet. The outer street line shall be parallel to such inner street line. Reverse curves must be connected by tangents wherever possible. Visibility on curved 152. Editor's Note: The current fee schedule is on file in the office of the Village Clerk. streets must be maintained for a distance of 300 feet at the center line of the street by suitable setback restrictions. D. Corner curves. Street-line corner curves shall be provided which have a minimum radius of 20 feet. E. Dead-end streets. Except where future continuation is impossible, dead-end streets shall not be approved unless a turnaround roadway with a minimum radius for the outside curb of 30 feet is provided at the closed end. Such dead-end streets shall not be longer than 500 feet. F. Grades. Streets shall be so arranged that grades shall not exceed 10%. The minimum grades shall not be less than 1%. A variation from these requirements may be made to meet the existing conditions of exceptional topography, if approved by the Planning Board. G. Block lengths. Intersecting streets shall be laid out at such intervals that block lengths between street lines are not more than 700 feet, except where existing conditions justify a variation from this requirement, in which case an adequate pedestrian easement shall be provided near the center of the block. H. Block widths. The widths of blocks shall generally be not less than 180 feet nor more than 400 feet. I. Tree planting. Shade trees shall be planted on each side of each street, between the sidewalk and the property line, at maximum intervals of 50 feet, the species and location of which are to be approved by the Planning Board. The maximum possible number of existing trees should be preserved.153 J. Approval of street layouts. The layout of streets, roads and/or other ways and/or the design, arrangement, etc., of any and all features pertaining thereto, including the planting of trees, shrubs, bushes and/or other vegetation and/or the placing of any other objects, decorative or otherwise, in sidewalk and lawn spaces or elsewhere in connection with said streets shall be subject to the approval of the Planning Board. § 230-127. Lot boundary lines. All measurements of lots affected by corner curves shall be to the intersection of streets or property lines extended and shall be so designated on any plans showing them. § 230-128. Sanitary and drainage conditions. In general, no allotment or subdivision shall be approved unless it is provided with proper water and sanitary and drainage facilities or unless arrangements satisfactory to the Planning Board for their installation shall be made. § 230-129. Changes in plans. No changes in a subdivision or in the plan of a subdivision already approved shall be made without the approval of the Planning Board. § 230-130. Surveys. A. A survey for any purpose in connection with a subdivision and/or in connection with a plan for a subdivision, either or both of which come under the jurisdiction of the Planning Board, shall: 153. Editor's Note: See also Ch. 208, Trees. (1) Be accompanied by a certificate from a licensed engineer or surveyor making such plans to the effect that the plan is correct and made from an actual balanced and closed survey. (2) Refer elevation, etc., to a standard datum, and said reference shall be clearly stated on any plan or drawing showing such datum. (3) Include, when necessary or required by the Planning Board, an accurate tie-line survey between an easily accessible and identifiable monument or prominent fixed object included in said survey and some recorded monument or other landmark or fixed point close by. B. A survey to determine the extension into a new subdivision of an established street, road and/or other way shall: (1) Be run from a monument or other landmark already located in connection with said established street, road and/or way and said monument or other landmark must have been recorded in the office of the County Registrar. (2) Include, when necessary or required by the Planning Board and/or if the extension of said street is not continuous with an established portion thereto, an accurate tie-line survey from a monument or other landmark already located in connection with said established street, road and/or other way and recorded in the office of the County Registrar of Deeds. § 230-131. Location of boundary lines. A. All dimensions, bearings, angles, etc., of property lines given on the plan: (1) Shall be determined on the ground by actual survey only, said survey to be transversed, balanced and closed, and any plan or plans showing said lines as otherwise determined (i.e., taken from other drawings, deeds, records, etc., and not having been actually determined by survey made on the ground) will not be considered as accurate and authentic and will not be acceptable to the Planning Board. (2) Must be referred to at least two permanent monuments not less than 600 feet apart, which shall be indicated on the map. (3) Shall be accurately located on the ground by properly referenced monuments. (See §§ 230-1 and 230-132.) B. In a plan or drawing of a survey for any purpose coming under the jurisdiction of the Planning Board, the length of all straight lines, deflecting angles, radii, arcs and central angles of all curves shall be given along the proper line of each street. All dimensions along the lines of each lot, with angles of intersection which they make with each other, shall also be given in feet and decimals of a foot. Bearings shall be used instead of angles. Where a street is not continued straight across an intersecting street into the next block, the connection across such streets shall be given by the proper measurements. § 230-132. Monuments. A. Monuments shall be of stone not less than six inches by six inches by 36 inches or of noncorrosive pipe not less than four inches inside diameter and not less than 36 inches long, filled with concrete and having a copper center. B. Monuments shall be placed perpendicularly in the ground, with the upper end flush with or slightly below the surface, at such block corners, angle points, points of curve in streets and intermediate points as shall be required by the Planning Board. C. The Planning Board may request the proper referencing of any monument or monuments, marker or markers, stake or stakes, etc. D. A bond shall be posted covering the installation of such monuments. § 230-133. Preliminary plan requirements. A. Application by an owner or his authorized representative for approval of plans, plots and descriptions showing the layout of proposed highways and streets on private property or of proposed building lots in connection with and in relation to such proposed highways or streets or to existing streets shall be made, in writing, to the Planning Board. Such application shall be accompanied by two copies of a preliminary sketch plan which first shall be approved by such Board before submission of a final plan. B. Such preliminary plan shall be drawn at a scale of at least 50 feet to the inch, shall extend 300 feet around the plot, and shall show: (1) The location of property lines (with their dimensions and angles), buildings and structures, existing and proposed surveyor's monuments, watercourses, railroads and other existing features. (2) The location, width and names of existing and proposed streets, alleys, easements, lots, blocks and their dimensions, building lines and similar facts regarding the property in question and that immediately adjacent. (3) The title under which the proposed subdivision is to be recorded, with the name of the owner and engineer or surveyor (with the state license number of the engineer or surveyor). (4) The property boundary lines of the adjacent and/or neighboring tracts, whether laid out as subdivisions or not, with the names of such tracts and/or subdivisions or the names of the owners thereof. (5) The location of any existing sewers and water mains, culverts, drain pipes and gas and electric lines on the property to be subdivided. (6) A contour map showing contours at intervals of not more than five feet. (7) The use, height and area restrictions of the district or districts in which the land to be subdivided falls, according to Chapter 230, Zoning. (8) All parcels of land proposed to be dedicated to the public use, if any. (9) The total area in acres and net area of lots, streets and parks. (10) A cross section of the proposed grading for roadways and sidewalks under special or unusual topographic conditions. (11) Date, magnetic North or true North point and graphic scale, with datum dimensions in feet and hundredths of a foot. If magnetic North point is given, the deviation and date must be given. C. A key map showing the relation of the subdivision to the surrounding territory must be filed at a scale of 400 feet to the inch or less, with map numbers as recorded in the office of County Registrar. D. The subdivider shall coincidentally when submitting the preliminary plan also furnish a statement signed by him to the Board, reciting: (1) The nature and extent of the street improvements which he proposes to install. (2) The names and/or designation, nature and extent of any recreational features, parks or playgrounds to be provided, if any, and whether or not and under what conditions they are to be dedicated to the Village. (3) That he is able and willing and will proceed forthwith to file a map of record of his subdivision or such part thereof as he may wish to put on the market and will install all monuments in such sections shown on such map of record, in such manner and at such times as the Planning Board may designate. E. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any preliminary subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 196, Article I. [Added 7-16-2007 by L.L. No. 3-2007] F. The tentative approval of the preliminary plans by the Planning Board shall not constitute an acceptance of the plan of the subdivision but shall be merely a general approval of the layout submitted. § 230-134. Final plan requirements. A. After the approval of the preliminary plan, the owner of the property or his authorized representative shall prepare a final record or subdivision plan not later than two months after such approval. This plan shall contain complete data regarding the facts required in the following subsections: (1) All final plans shall be drawn upon tracing cloth in sheets 32 inches wide by 40 inches long and to a graphic scale of 50 feet to an inch. Exceptions are to be made only with permission of the Planning Board; provided, however, that when more than one sheet is required, an index sheet of the same size shall be filed showing the entire subdivision on one sheet with block numbers (lot numbers on separate sheet). (2) It shall comply with any and all provisions for these regulations affecting plans of subdivisions and/or the submission of them to the Planning Board and, in particular, with the provisions of this article relating to preliminary plans, § 230-133. (3) Any other private restrictions to be embodied in the deeds of sale should accompany the final plan. (4) It shall include a profile for each proposed street, alley and/or other way, showing grades approved by the Planning Board. (5) It shall include the following certificate, which shall be inscribed with waterproof black India ink and shall be properly signed: "I __________________________ a licensed (engineer or land surveyor) of the State of New York, do hereby certify that this plan correctly represents the lots, land, streets, alleys and highways as surveyed and plotted by me for the owner or agent. Date Signature ” (Seal) (6) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any final subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved final subdivision plat shall be consistent with the provisions of Chapter 196, Article I. [Added 7-16-2007 by L.L. No. 3-2007] § 230-135. Preliminary plan approval procedure. A. The following shall be submitted to the Planning Board when a subdivision plan is presented for consideration: (1) A description of the intent of the owner and/or subdivider as to the type, kind and/or class of the subdivision proposed. (2) Two prints of the preliminary plan. (3) The original or lithoprints on tracing cloth of any supplementary plans, drawings, etc., such as those of tie-lines. B. A preliminary plan shall be accompanied by an affidavit made out by the then-owner of the plot and attested by a notary, setting forth: (1) The full title of the then-ownership as recorded in the office of the County Registrar. (2) The date the plot was acquired and thus recorded under said ownership. (3) The title of at least the immediately preceding ownership, if acquired by the then-owner within one year of the date of submitting the preliminary plan to the Planning Board. C. A preliminary plan shall be accompanied by a check made payable to the Village Treasurer adequate to defray the cost of advertising for any public hearings which may be required. § 230-136. Final plan approval procedure. A. The following shall be submitted to the Planning Board when a final plan is prepared: (1) The original of the final plan on tracing cloth. (2) One lithoprint of the final plan on tracing cloth. (3) The originals or lithoprint on tracing cloth of any supplementary plans, drawings, etc., such as those of tie-lines. B. The final plan shall be deemed approved by the Planning Board only when the original of the final plan shall be signed in waterproof black India ink by the members of the Planning Board. C. The Planning Board shall have made from the original of the approved final plan and at the expense of the owner and/or subdivider of the plot: (1) A cloth print from which blueprints or other copies can be made. (2) Two blueprints from the original of the approved final plan, mounted on cloth. D. The final plan shall be recorded within six months after date of final approval by the Planning Board; otherwise such approval shall be deemed to be revoked. § 230-137. Revocation of approval. Unless the developer shall have shown substantial evidence of progress in the carrying out of the approved plans within three years from date of approval, such approval may, at the option of the Planning Board, be revoked without notice to the developer. § 230-138. (Reserved) § 230-139. (Reserved) § 230-140. (Reserved) § 230-141. (Reserved) § 230-142. (Reserved) § 230-143. (Reserved) § 230-144. (Reserved) § 230-145. (Reserved) § 230-146. (Reserved) § 230-147. (Reserved) § 230-148. (Reserved) § 230-149. (Reserved) ARTICLE XIII Planning Board [Adopted 1-31-2005 by L.L. No. 1-2005154] § 230-150. Composition, terms, compensation, vacancies A. Composition. The Planning Board shall consist of five members to be appointed by the Mayor with the consent of the Board of Trustees. All Planning Board members shall be Croton-on-Hudson residents. B. Terms. The term of each member shall be five years, with eligibility for reappointment by the Mayor with consent of the Board of Trustees. Planning Board terms shall commence with the first day of the official Village year. Full terms filled for the first time shall be so fixed for five or less years and arranged so that, to the greatest practicable extent, the expiration of terms will be distributed evenly over the first five years after the initial appointments. If a vacancy shall occur, it shall be filled by appointment as above provided for the unexpired term only. Members shall serve after the expiration of their terms until their successors shall have been appointed and qualified. C. Compensation. Planning Board members shall serve without salary. D. Ineligibility. No member of the Village Board of Trustees shall be eligible for membership on the Planning Board. No Planning Board member shall be permitted to act on any matter in which he or she has a direct or indirect personal or financial interest. E. Vacancy in office. If a vacancy occurs other than by expiration of term, the Mayor shall appoint the new member for the unexpired term. § 230-151. Officers, counsel, staff. A. Chairperson. The Chair of the Planning Board shall be appointed from among the members by the Mayor with the consent of the Board of Trustees. B. The Planning Board is authorized, by the consent of the Board of Trustees, to employ or contract for experts, staff and services as it deems necessary. § 230-152. Administration and procedure. A. Meetings. The Planning Board shall hold regular meetings at times and places fixed by its rules. Regular meetings shall be scheduled for not less than once a month and shall be open to the public. Notice of meetings shall be announced in a manner reasonably accessible to the public. B. Voting requirements. All motions and resolutions of the Planning Board shall require the affirmative vote of a majority of all Planning Board members for adoption. Where an action is the subject of a referral to the county planning agency, the voting provisions of §§ 239-m and 239-n of the General Municipal Law shall apply. C. Applications for development, hearing on applications. Applications for subdivision and site plan review shall be submitted to the Planning Board in accordance with the regulations set forth in Article XII, Subdivision of Land, and Article XI, Site Plan Approval, of this chapter. Hearings on development applications shall be held in accordance with the regulations set forth in those articles. 154. Editor's Note: This local law also renumbered former Art. XIII, Administration and Enforcement, as new Art. XV. § 230-153. Powers and duties. A. Subdivision review; authority to approve plats. For the purpose of providing for the future growth and development of the Village and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, the Board of Trustees of the Village of Croton-on-Hudson, New York, hereby authorizes the Planning Board of the Village to approve preliminary and final plats showing lots, blocks and sites, with or without streets or highways, and to approve conditionally preliminary plats,155 all as defined and set forth in § 7-7 of the Village Law of the State of New York and as regulated by Article XII, Subdivision of Land. B. Approval of previously filed plats. For the same purposes and under the same conditions, the Board of Trustees hereby authorizes and empowers the Planning Board to approve the development of plats entirely or partially underdeveloped which have been filed in the office of the Clerk of Westchester County prior to the appointment of the Planning Board and the grant to it of the power to approve plats. C. Site plan approval. In all cases where site plan approval by the Planning Board is required by Chapter 230, Zoning, the authority for final action on the approval of such site plan is delegated to the Planning Board, and any building or use permit for the development of such land shall only be issued subject to compliance with such approved site plan and any restrictions imposed in relation thereto by the Planning Board, and any certificate of occupancy or compliance shall only be issued subject to continued compliance with such site plan and restrictions imposed in relation thereto by the Planning Board. This resolution is adopted pursuant to Chapter 7 of the 1974 Session Laws of the State of New York and is intended to confer upon the Planning Board the full powers authorized by said chapter and to ratify and confirm any conferral of such powers previously given. D. Architectural review. To improve the overall visual and built quality in the Village, encourage high quality exterior building design, and to encourage buildings that are appropriate in design and scale to the site and surrounding area, the Planning Board is authorized by the Board of Trustees to consider exterior architectural features in its review of site plans for new commercial and office development projects, new single-family and multifamily residential construction, and major residential renovations. The procedure and criteria for architectural review are set forth in Article XI, Site Plan Approval, of this chapter.157 § 230-154. (Reserved) § 230-155. (Reserved) § 230-156. (Reserved) § 230-157. (Reserved) § 230-158. (Reserved) § 230-159. (Reserved) 155. Editor's Note: See also Article XII, Subdivision of Land. 156. Editors Note: See § 2 of the General Municipal Law. 157. Editor’s Note: Former Subsection E, regarding special permits issued by the Planning Board, which immediately followed this subsection, was repealed 2-22-2011 by L.L. No. 1-2011. ARTICLE XIV Zoning Board of Appeals [Adopted 1-31-2005 by L.L. No. 1-2005158] § 230-160. Definitions. As used in this article, the following terms shall be defined as indicated: AREA VARIANCE — The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. USE VARIANCE — The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. § 230-161. Creation and composition. There shall be a Zoning Board of Appeals of five members pursuant to the provisions of the Village Law.159 The members of the Zoning Board of Appeals as constituted immediately prior to the adoption of this chapter shall continue in office for their unexpired terms and shall be reelected or replaced in accordance with the provisions of the Village Law. § 230-162. Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of said Board that is conferred by law: A. Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official or on request by any official, board or agency of the Village, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of such local law and may decide any of the following questions: (1) Determination of the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determination of the exact location of any district boundary shown on the Zoning Map. B. Special permits. The Zoning Board of Appeals shall have the power to grant special permits for commercial district signage, as set out in § 230-44P(4)(a)[4]. On application and after public notice and hearing, the Zoning Board of Appeals shall authorize the issuance by the Village Engineer of special permits for any of the uses for which this chapter requires, in the district in which such use is proposed to be located, the granting of such permits by the Board of Appeals. In authorizing the issuance of a special permit, the Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives: (1) All proposed structures, equipment or material shall be readily accessible for fire and police protection. 158. Editor's Note: This local law also renumbered original Art. XIV, Amendments and Interpretation, as new Art. XVI. 159. Editor's Note: See § 7-7 of the Village Law. (2) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. (3) In addition to the above, in the case of any use located in or directly adjacent to a residential district: (a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential districts or conflict with the normal traffic of the neighborhood. (b) The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. (4) In authorizing the issuance of a special permit, it shall be the duty of the Board to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter. The Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Village Engineer to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that: (a) The provision in this chapter under which such permit was issued is still in effect. (b) Such permit was issued in conformity with the provisions of this chapter. (c) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. C. Use variances. (1) Use variances. The Zoning Board of Appeals is empowered to grant use variances as defined in § 230-1 of this article. (2) No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located, the following four criteria are satisfied: (a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (b) That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; (c) That the requested use variance, if granted, will not alter the essential character of the neighborhood; and (d) That the alleged hardship has not been self-created. (3) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. D. Area variances. (1) Area variances. The Zoning Board of Appeals is empowered to grant area variances as defined in § 230-1 of this article. (2) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such a grant. The Zoning Board of Appeals shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties created by the granting of the area variance; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (c) Whether the requested area variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance. E. Additional conditions for use and area variances. (1) The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair or the fact that the property is then unimproved shall not be deemed to make the plight of the property unique or to contribute thereto. (2) Where the Zoning Board of Appeals finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or building by the owner thereof and where the Zoning Board of Appeals deems the same condition to apply generally to other land or buildings in the same neighborhood or district, said Board may call this condition to the attention of the Board of Trustees. (3) In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter. § 230-163. Filing and appeal of administrative decisions. A. Filing of administrative decisions. Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of the local zoning law shall be filed in the office of such administrative official within five business days from the day it is rendered and made a public record. B. Appeal of administrative decisions. Appeals shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official by filing with the administrative official and with the Zoning Board of Appeals a notice of appeal specifying the grounds of appeal and relief sought. The administrative official shall transmit to the Zoning Board of Appeals all papers constituting the record upon which the appealed action was taken. C. Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Zoning Board of Appeals after notice of appeal has been filed with said official that a stay would cause imminent peril to life or property, in which case proceedings shall not be appealed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application. § 230-164. Zoning Board of Appeals procedure. The powers and duties of the Zoning Board of Appeals shall be exercised in accordance with the following procedures: A. Meetings, minutes, records. Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent and failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. B. Notice of hearing; property owners. The Zoning Board of Appeals shall not grant any appeal for a variance or issue any special or temporary permit without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Village at least 10 days before that date of such hearing. In addition to such published notice, the Zoning Board of Appeals shall cause notice to be given of the substance of every appeal for a variance and of every application for a special permit, together with notice of the hearing thereon, by causing notices thereof to be mailed by postal card or other means at least 10 days before the day of said hearing to the owners of all property abutting that held by the applicant in the immediate area, whether or not involved in such appeal or application, and all other owners within 200 feet, from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Village; provided, however, that in the case of variance applications for fences, sheds or walls, notices shall only be required to be mailed to owners of properties immediately abutting, and directly across the street from, the exterior boundaries of the land involved in such applications. Any or all of the notices required by this section shall be issued by the office of the Village Engineer, provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance or issuance of any special or temporary permit pursuant thereto. [Amended 3-6-2017 by L.L. No. 1-2017; 9-20-2021 by L.L. No. 10-2021] C. Notice of hearing, Westchester County and regional councils. Ten days' notice by mail shall be given in accordance with the provisions of §§ 277.6 and 277.6 of the Westchester County Administrative Code, as such sections may from time to time be amended or superseded, in all cases where notice is required thereby. If applicable, the Zoning Board of Appeals shall mail notices of the hearing at least five days before the hearing to the state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by the appeal. The notice shall be accompanied by a full statement of the proposed action, as defined in § 239-m of the General Municipal Law. D. Notice of hearing, Planning Board. At least 10 days before the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at any time prior to the public hearing. E. Unless work is commenced and diligently prosecuted within one year of the date of the granting of a variance or special permit, such variance or special permit shall become null and void. F. Application requirements, forms and fees. All appeals and applications made to the Zoning Board of Appeals shall be in writing and on forms prescribed by the Board and approved by the Planning Board. Ten copies of the application and supporting documentation shall be submitted by the applicant, accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees.160 The Zoning Board of Appeals may, in its discretion, return to the applicant part or all the fee paid by him or her in the event that his or her appeal under § 230-162A, Interpretation, hereof is partially or wholly successful. The fees filed in connection with applications under § 230-162B, Special permits, or § 230-162C and D, Use variances and Area variances, shall not be returnable regardless of disposition of the case by the Zoning Board of Appeals. G. Application requirement; content of submission. Each appeal or application shall fully set forth the circumstances of the case. Each application for a special permit shall be accompanied by a proposed plan showing the size and location of the lot, a site plan showing the location of all buildings and proposed facilities, including access drives, parking areas, landscaping and all streets within 200 feet. Every appeal or application shall refer to the specific provision of this chapter and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted, or the use for which the special permit is sought. H. Time frame of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. I. Recording and filing of decisions. (1) Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the resolution shall be filed in the office of the Village Clerk within five business days. The decision shall be filed by case number, together with all documents pertaining thereto, under one of the following headings: (a) Interpretation, 160. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. (b) Special permits. (c) Variances. (2) The Zoning Board of Appeals shall notify the Village Engineer and each member of the Board of Trustees, the Chairman of the Planning Board of Croton-on-Hudson and the Municipal Clerk of any affected municipality given notice of hearing as set forth in § 230-164B of its decision in each case. J. Compliance with SEQRA. The Zoning Board of Appeals shall comply with the provisions of the state environmental quality review act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 6 of the New York Codes Rules and Regulations. K. Rehearing. Any member of the Zoning Board of Appeals may make a motion to hold a rehearing on any order or determination of the Board not previously reheard. A unanimous vote of all members of the Board then present is required for such rehearing to occur. The rehearing is subject to the same notice provisions as the original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby. L. Voting requirements. (1) Decision of the Board. Except as otherwise provided in § 230-164K of this article, every motion or resolution by the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals, as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency, the voting provisions of § 239-m of the General Municipal Law shall apply. (2) Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Zoning Board of Appeals is not attained on a motion or a resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by § 230-164H of this article, the appeal is denied. The Zoning Board of Appeals may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in § 230-164K of this article. M. All provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitation contained therein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal. § 230-165. (Reserved) § 230-166. (Reserved) § 230-167. (Reserved) § 230-168. (Reserved) § 230-169 CROTON-ON-HUDSON CODE § 230-169 § 230-169. (Reserved) ARTICLE XV Administration and Enforcement [Amended 1-31-2005 by L.L. No. 1-2005] § 230-170. Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the Village Engineer in conformance with all requirements set forth in Article I of Chapter 86, Building Construction, and the following: A. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and other applicable ordinances and local laws of the Village of Croton-on-Hudson. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. B. No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon a public street improved to the satisfaction of the Planning Board. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board in conformity with the plans approved by said Board. D. No building permit shall be issued for a building to be used for any use in any district where such use is allowed by special permit of the Village Board of Trustees or the Board of Appeals unless and until such special permit has been duly issued by the appropriate Board. E. No building permit shall be issued for a building to be used for any use in any district unless the applicant for the building permit has provided or undertakes to provide, at no expense to the Village, facilities satisfactory to the Village Engineer for the supply of water and the removal or treatment of sewage. An undertaking for the future provision of such facilities shall be supported by a one- hundred-percent performance bond. Where approval of the subdivision plat or site development plan by the Planning Board is required, particulars of such facilities shall be indicated on the plat or plan. § 230-171. Certificate of occupancy. A. In addition to the regulations set forth in § 86-1 of Chapter 86, Building Construction, the following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Village Engineer: (1) Occupancy, use or any change in the use of any land. (2) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit as specified in §§ 230-9.1 and 230-162B of this chapter unless and until such special permit has been duly issued by said Board. Every certificate of occupancy for which a special permit has been issued or in connection with which a variance has been granted shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject. [Amended 11-3-2014 by L.L. No. 2-2014] C. Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter. § 230-172. Duties of Village Engineer. A. It shall be the duty of the Village Engineer, in addition to those duties set forth in Article I of Chapter 86, Building Construction, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. Said Village Engineer shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on each such complaint, which records shall be public records. C. If, in the judgment of the Village Engineer, a building under construction is sited so close to a required setback line as to create a reasonable possibility that in the construction process the building will intrude upon the required setback, then the Village Engineer is empowered to require the owner to provide an as-built survey after the foundation is poured and before any additional construction proceeds, and his notice to that effect to the owner or builder shall operate to suspend construction until such as-built survey is furnished to him and he determines that no intrusion into the required setback or other violation has occurred. § 230-173. Enforcement. A. All the duties, powers, rights of inspection, power to issue stop orders, right to revoke permits and other rights, powers and duties which are conferred upon the Village Engineer by Article I of Chapter 86, Building Construction, as the same may from time to time be amended, are hereby conferred upon the Village Engineer with respect to the enforcement of this chapter, as it may from time to time be amended. B. Should any condition arising from the violation of any provision of this chapter be required by considerations of health, safety, morals or the general welfare of the community to be abated, the Board of Trustees of the Village may cause to be served upon the owner and/or the person in control of the premises where such condition exists a notice stating that such condition so arising must be abated and the manner in which it must be abated to comply with this chapter. Said notice shall further state a reasonable time, to be also fixed by the Board of Trustees of the Village, within which work to abate said condition must be started, and failure to comply with said notice shall be a violation of this chapter. § 230-174. Penalties for offenses. A. It shall be unlawful for any person, including the owner, lessee or tenant of the premises or any part thereof and the general building contractor, general agent, architect, engineer or any other person who owns, permits, takes part or assists in, or who maintains any premises in which any violation of this chapter shall exist, to violate any provisions of this chapter, the requirements of the Village Engineer, the Board of Appeals, the Planning Board or the Board of Trustees pursuant to this chapter, and the acts of the Village Engineer pursuant to this chapter and Article I of Chapter 86, Building Construction. B. Any person, firm or corporation who shall fail to comply with any of these provisions hereof shall, upon conviction thereof of each offense, be subject to the penalties provided by § 1-1 of Chapter 1, General Provisions. Each and every day that such violation continues shall constitute a separate offense. [Amended 8-14-2006 by L.L. No. 8-2006; 9-20-2021 by L.L. No. 10-2021] C. The imposition of the penalties herein prescribed shall not preclude the taking of any appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, disorderly conduct, business or use of a building, structure or premises. D. No provision of this chapter shall be construed to deprive the Village or the Board of Trustees or any citizen or taxpayer thereof of any other available remedy for the enforcement of this chapter or the punishment or abatement of violations thereof, and all such remedies shall be cumulative and not exclusive. E. The supplementing and amendment of the 1961 Croton-on-Hudson Zoning Ordinance, as amended by the substitution therefor of this chapter, shall be prospective only and shall not affect or abate penalties applicable to prior violations. § 230-175. through § 230-179. (Reserved) ARTICLE XVI Amendments and Interpretation [Amended 1-31-2005 by L.L. No. 1-2005] § 230-180. Amendment procedure. This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Board of Trustees on its own motion or on petition, as provided in §§ 7-7 and 7-7 of the Village Law. Every such proposed amendment shall be referred by the Board of Trustees to the Planning Board for a report before the public hearing. The Board of Trustees shall not take action on any such amendment without a recommendation from the Planning Board, unless the Planning Board fails to render such report within 60 days after its next regularly scheduled meeting following the time of such referral. A. Report of Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below: (1) Concerning a proposed amendment to or change in text of the chapter: (a) Whether such change is consistent with the aims and principles embodied in the chapter as to the particular districts concerned. (b) Which areas and establishments in the Village will be directly affected by such change and in what way they will be affected. (c) The indirect implications of such change in its effect on other regulations. (d) Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village. (2) Concerning a proposed amendment involving a change in the Zoning Map: (a) Whether the uses permitted by the proposed change would be appropriate in the area concerned. (b) Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such change. (c) Whether the proposed change is in accord with any existing or proposed plans in the vicinity. (d) The effect of the proposed amendment upon the growth of the Village as envisaged by the Comprehensive Plan. (e) Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effect thereof. B. Each petition for a zoning amendment shall be accompanied by a fee set by resolution of the Board of Trustees161 payable to the Village Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application. C. By resolution adopted at a stated meeting, the Board of Trustees shall fix the time and place of a 161. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 7-7 of the Village Law, §§ 277.6 and 277.6 of the Westchester County Administrative Code, as such sections may be superseded or amended from time to time, and all other applicable laws. In the case of amendments to the Zoning Map, an additional written notice shall be sent to all property owners of record within 500 feet of the lots or properties located within the area subject to any proposed Map amendment. § 230-181. Interpretation of provisions. A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, local law, rule, regulation or permit or by any easement or agreement, the provisions of this chapter shall control. B. In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall control. § 230-182. Greenway Compact Plan. The Village of Croton-on-Hudson has adopted the Greenway Compact Plan, as amended from time to time, as a statement of policies, principles and guides to supplement other land use policies in the Village. In its discretionary actions under the Zoning Ordinance of the Village of Croton-on-Hudson Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate. § 230-182 CROTON-ON-HUDSON CODE DISPOSITION LIST § DL-1 Chapter DL DISPOSITION LIST § DL-1. Disposition of legislation. The following is a chronological listing of legislation of the Village of Croton-on-Hudson adopted since January 1, 2005, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Consult municipal records for disposition of prior legislation. § DL-1. Disposition of legislation. Adoption Enactment Date Subject Disposition L.L. No. 1-2005 1-31-2005 Excavation, filling and topsoil Chs. 120; 200 removal amendment; subdivision of (reference only); 230 land repealer; zoning amendment Traffic 5-14-2005 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2005 Traffic 9-25-2005 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2005 Traffic 10-15-2005 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2005 L.L. No. 2-2005 10-4-2005 Sidewalk improvement program Superseded by L.L. No. amendment 6-2015 L.L. No. 3-2005 11-7-2005 Sewers amendment (sanitary sewer Ch. 191 rents) L.L. No. 4-2005 12-5-2005 Streets and sidewalks: general use Chs. 197, Art. I; 215 regulations amendment; vehicles and traffic amendment L.L. No. 5-2005 12-19-2005 Zoning amendment Ch. 230 L.L. No. 1-2006 1-3-2006 Elections: runoff elections Ch. 19, Art. I Traffic 3-23-2006 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2006 L.L. No. 2-2006 1-17-2006 Professional fees Ch. 178 § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition L.L. No. 3-2006 3-6-2006 Senior citizens tax exemption Ch. 204, Art. II amendment L.L. No. 4-2006 3-20-2006 Environmental compliance Ch. 115 L.L. No. 5-2006 3-20-2006 Environmental review Ch. 116 L.L. No. 6-2006 3-20-2006 Trees Ch. 208 L.L. No. 7-2006 5-15-2006 Professional fees amendment Ch. 178 L.L. No. 8-2006 8-14-2006 Zoning amendment Ch. 230 L.L. No. 9-2006 11-20-2006 Senior citizens tax exemption Ch. 204, Art. II amendment L.L. No. 1-2007 1-2-2007 Zoning amendment Ch. 230 Traffic 3-19-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2007 Traffic 3-19-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2007 Traffic 3-19-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2007 L.L. No. 2-2007 6-18-2007 Flood damage prevention Ch. 129 L.L. No. 3-2007 7-16-2007 Erosion and sediment control repealer; Chs. 118 (reference stormwater, drainage, erosion and page only); 196, 208; water pollution control; trees 230 amendment; zoning amendment L.L. No. 4-2007 7-16-2007 Wetlands Ch. 227 L.L. No. 5-2007 8-6-2007 Senior citizens tax exemption Ch. 204, Art. II amendment Traffic 8-29-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2007 Traffic 11-8-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2007 Traffic 11-28-2007 Vehicles and traffic amendment Ch. 215 Amendment No. 6-2007 L.L. No. 1-2008 5-5-2008 Dogs amendment; parks and Chs. 108; 168, Art. II recreation areas: use of facilities amendment § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Traffic 7-7-2008 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2008 L.L. No. 2-2008 7-21-2008 Trees amendment; wetlands Chs. 208; 227 amendment L.L. No. 3-2008 7-21-2008 Steep slope protection Ch. 195 L.L. No. 4-2008 7-21-2008 Dogs amendment; parks and Chs. 108; 168, Art. II recreation areas: use of facilities amendment Traffic 7-21-2008 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2008 L.L. No. 5-2008 9-2-2008 Noise amendment Ch. 160 L.L. No. 6-2008 9-15-2008 Telecommunications franchising and Ch. 205 licensing amendment L.L. No. 1-2009 1-5-2009 Alternative veterans tax exemption Ch. 204, Art. IV amendment Traffic 4-27-2009 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2009 Traffic 5-1-2009 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2009 L.L. No. 2-2009 5-4-2009 Parks and recreation areas: use of Ch. 168, Art. II facilities amendment L.L. No. 3-2009 5-4-2009 Peddlers, vendors and hawkers Ch. 172, Art. I amendment Traffic 8-31-2009 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2009 Traffic 8-31-2009 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2009 L.L. No. 4-2009 11-16-2009 Zoning amendment Stayed by court; repealed by L.L. No. 1-2012 Traffic 1-25-2010 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2009 § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Traffic 1-25-2010 Vehicles and traffic amendment Ch. 215 Amendment No. 6-2009 Traffic 3-29-2010 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2010 L.L. No. 1-2010 6-21-2010 Residency requirements: residency Ch. 50, Art. II within county amendment L.L. No. 2-2010 7-26-2010 Retirement incentive NCM L.L. No. 3-2010 9-7-2010 General penalty amendment Ch. 1, Art. I L.L. No. 4-2010 11-15-2010 Cold War veterans tax exemption Ch. 204, Art. VII L.L. No. 5-2010 11-15-2010 Dogs amendment Ch. 108 L.L. No. 6-2010 12-6-2010 Senior citizens tax exemption Ch. 204, Art. II amendment L.L. No. 1-2011 2-22-2011 Excavation, filling and topsoil Chs. 120; 230 removal amendment; zoning amendment Traffic 8-10-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2011 L.L. No. 2-2011 9-6-2011 Vehicles and traffic amendment Ch. 215 L.L. No. 3-2011 9-6-2011 Noise amendment Ch. 160 L.L. No. 4-2011 9-19-2011 Streets and sidewalks: general use Ch. 197, Art. I regulations amendment Traffic 10-20-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2011 Traffic 10-20-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2011 Traffic 10-20-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2011 Traffic 10-20-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2011 Traffic 10-27-2011 Vehicles and traffic amendment Ch. 215 Amendment No. 6-2011 § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition L.L. No. 5-2011 11-7-2011 Environmental review amendment Ch. 116 L.L. No. 6-2011 11-7-2011 Tax levy limit override 2012 NCM Traffic 1-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 7-2011 Traffic 1-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 8-2011 Traffic 1-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 9-2011 Traffic 1-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 10-2011 Traffic 2-13-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2012 Traffic 3-29-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2012 Traffic 4-30-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2012 L.L. No. 1-2012 6-4-2012 Zoning amendment Ch. 230 Traffic 7-11-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2012 Traffic 8-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2012 Traffic 8-16-2012 Vehicles and traffic amendment Ch. 215 Amendment No. 6-2012 Traffic 1-14-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 7-2012 L.L. No. 1-2013 1-22-2013 Tax levy limit override 2013 NCM L.L. No. 2-2013 2-19-2013 Energy conservation: Energize NY Ch. 114, Art. I Benefit Financing Program § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Traffic 4-15-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2013 L.L. No. 3-2013 6-3-2013 Streets and sidewalks: general use Ch. 197, Art. I regulations amendment Traffic 8-5-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2013 Traffic 8-26-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2013 Traffic 11-12-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2013 L.L. No. 1-2014 4-21-2014 Best value procurement Ch. 79 Traffic 11-8-2013 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2013 Traffic 9-29-2014 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2014 Traffic 11-10-2014 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2014 L.L. No. 2-2014 11-3-2014 Zoning amendment Ch. 230 L.L. No. 1-2015 3-16-2015 Tax levy limit override 2015 NCM Traffic 4-6-2015 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2015 L.L. No. 2-2015 4-20-2015 Repeal of L.L. No. 1-2015 NCM L.L. No. 3-2015 6-1-2015 Alcoholic beverages: consumption in Ch. 72, Art. I; Ch. 168, public amendment; parks and Art. I recreation areas: hours amendment L.L. No. 4-2015 6-1-2015 Water: water service regulations Repealed by L.L. No. amendment 2-2017 L.L. No. 5-2015 7-13-2015 Energy conservation: Community Ch. 114, Art. II Choice Aggregation (Energy) Program L.L. No. 6-2015 8-10-2015 Streets and sidewalks: sidewalk Ch. 197, Art. VII improvement program § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition L.L. No. 7-2015 9-21-2015 Canvassers and solicitors repealer Ch. 172, Art. II (Editor's Note only) L.L. No. 8-2015 10-5-2015 Waterfront revitalization amendment Ch. 225 L.L. No. 9-2015 10-19-2015 Zoning amendment Ch. 230 L.L. No. 10-2015 10-19-2015 Tax abatement for rent-controlled and Ch. 204, Art. VIII rent-regulated property occupied by certain senior citizens or persons with disabilities L.L. No. 11-2015 11-16-2015 Zoning Map amendment Ch. 230, Table only L.L. No. 1-2016 1-4-2016 Tax levy limit override 2016 NCM L.L. No. 2-2016 3-21-2016 Repeal of L.L. No. 1-2016 NCM Traffic 5-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 1-2016 Traffic 5-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 2-2016 Traffic 5-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 3-2016 Traffic 5-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 4-2016 Traffic 5-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 5-2016 L.L. No. 3-2016 5-9-2016 Zoning Map amendment Ch. 230, Table only Traffic 7-1-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 6.-2016 Traffic 7-11-2016 Vehicles and traffic amendment Ch. 215 Amendment No. 7.-2016 L.L. No. 4-2016 9-6-2016 Noise amendment; parks and Ch. 160; Ch. 168, Art. recreation: use of facilities amendment II L.L. No. 5-2016 9-19-2016 Streets and sidewalks: general use Ch. 197, Art. I regulations amendment L.L. No. 1-2017 3-6-2017 Zoning amendment Ch. 230 L.L. No. 2-2017 5-1-2017 Alarm systems amendment Ch. 70 § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition L.L. No. 3-2017 5-1-2017 Water: water service regulations Ch. 223, Art. I L.L. No. 4-2017 6-19-2017 Vehicles and traffic amendment Ch. 215 L.L. No. 5-2017 11-6-2017 Dogs amendment; parks and Ch. 108; Ch. 168, Art. recreation areas: use of facilities II amendment L.L. No. 1-2018 1-2-2018 Energy conservation: Energize NY Ch. 114, Art. I Benefit Financing Program L.L. No. 2-2018 1-16-2018 Parks and recreation areas: use of Ch. 168, Art. II facilities amendment L.L. No. 3-2018 2-20-2018 Tax Levy Limit Override Repealed by L.L. No. 5-2018 L.L. No. 4-2018 3-19-2018 Zoning Amendment Ch. 230 L.L. No. 5-2018 4-23-2018 Tax Levy Limit Override Repealer NCM Traffic 7-1-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 1-2018 L.L. No. 6-2018 8-6-2018 Commercial Solicitation Ch. 172 L.L. No. 7-2018 8-20-2018 Parks and Recreation Areas: Use of Ch. 168, Art. II Facilities Amendment Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 2-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 3-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 4-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 5-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 6-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 7-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 8-2018 § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 9-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 10-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 11-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 12-2018 Traffic 8-27-2018 Vehicles and Traffic Amendment Ch. 215 Amendment No. 13-2018 L.L. No. 8-2018 10-1-2018 Firearms Amendment Ch. 123 L.L. No. 9-2018 11-5-2018 Zoning Amendment Ch. 230 L.L. No. 10-2018 11-19-2018 Trees Amendment Ch. 208 L.L. No. 1-2019 1-7-2019 Streets and Sidewalks: General Use Ch. 197, Art. I; Ch. Regulations Amendment; Poles, 197, Art. VIII; Ch. 197, Wires, and Pipes; Excavations Art. IX Traffic 1-10-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 1-2019 L.L. No. 2-2019 1-22-2019 Tax Levy Limit Override NCM Traffic 2-11-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 2-2019 L.L. No. 3-2019 2-19-2019 Water: Water Service Regulations Ch. 223, Art. I Amendment L.L. No. 4-2019 3-4-2019 Streets and Sidewalks: Sidewalk Ch. 197, Art. VII; Ch. Improvement Program Amendment; 197, Art. X General Sidewalk Improvement Program Traffic 3-28-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 3-2019 L.L. No. 5-2019 4-15-2019 Tax Levy Limit Override NCM L.L. No. 6-2019 5-20-2019 Zoning Amendment Ch. 230 L.L. No. 7-2019 5-20-2019 Zoning Amendment Ch. 230 § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Traffic 5-28-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 4-2019 Traffic 5-28-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 5-2019 Traffic 5-28-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 6-2019 Traffic 6-23-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 7-2019 L.L. No. 8-2019 8-12-2019 Zoning Amendment Ch. 230 Traffic 9-29-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 8-2019 Traffic 9-29-2019 Vehicles and Traffic Amendment Ch. 215 Amendment No. 9-2019 Adoption Enactment Date Subject Disposition Supp. No. Traffic Amendment 9-19-2019 Vehicles and Traffic Ch. 215 131 No. 10-2019 Amendment Traffic Amendment 10-1-2019 Vehicles and Traffic Ch. 215 131 No. 11-2019 Amendment Traffic Amendment 10-24-2019 Vehicles and Traffic Ch. 215 131 No. 12-2019 Amendment L.L. No. 1-2020 1-6-2020 Streets and Sidewalks: General Ch. 197, Art. I 131 Use Regulations Amendment L.L. No. 2-2020 1-21-2020 Tax Levy Limit Override 2020 NCM 131 L.L. No. 3-2020 2-3-2020 Streets and Sidewalks: General Ch. 197, Art. I 131 Use Regulations Amendment L.L. No. 4-2020 3-2-2020 Zoning Amendment Ch. 230 131 L.L. No. 5-2020 3-2-2020 Zoning Amendment Ch. 230 131 Traffic Amendment 3-28-2020 Vehicles and Traffic Ch. 215 131 No. 1-2020 Amendment Traffic Amendment 4-11-2020 Vehicles and Traffic Ch. 215 131 No. 2-2020 Amendment § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Supp. No. Traffic Amendment 4-11-2020 Vehicles and Traffic Ch. 215 131 No. 3-2020 Amendment Traffic Amendment 4-11-2020 Vehicles and Traffic Ch. 215 131 No. 4-2020 Amendment L.L. No. 6-2020 4-13-2020 Repeal of L.L. No. 2-2020 NCM 131 Traffic Amendment 5-22-2020 Vehicles and Traffic Ch. 215 131 No. 5-2020 Amendment L.L. No. 7-2020 6-1-2020 Sewers Amendment Ch. 191 132 L.L. No. 8-2020 6-1-2020 Commercial Soliciting Ch. 172 132 Amendment Traffic Amendment 5-23-2020 Vehicles and Traffic Ch. 215 133 No. 6-2020 Amendment Traffic Amendment 8-10-2020 Vehicles and Traffic Ch. 215 133 No. 7-2020 Amendment Traffic Amendment 8-14-2020 Vehicles and Traffic Ch. 215 133 No. 8-2020 Amendment Traffic Amendment 9-4-2020 Vehicles and Traffic Ch. 215 133 No. 9-2020 Amendment Traffic Amendment 10-9-2020 Vehicles and Traffic Ch. 215 133 No. 10-2020 Amendment L.L. No. 9-2020 11-16-2020 Masks and Face Coverings Ch. 158 134 L.L. No. 10-2020 12-7-2020 Sewers Amendment Ch. 191 135 L.L. No. 11-2020 12-7-2020 Water: Water Service Ch. 223, Art. I 135 Regulations Amendment L.L. No. 1-2021 1-4-2021 Parks and Recreation Areas: Ch. 168, Art. II 135 Use of Facilities Amendment L.L. No. 2-2021 1-19-2021 Tax Levy Limit Override NCM 136 L.L. No. 3-2021 1-19-2021 Masks and Face Coverings. Ch. 158 136 Amendment L.L. No. 4-2021 5-17-2021 Zoning Amendment Ch. 230 136 L.L. No. 5-2021 6-7-2021 Streets and Sidewalks: General Ch. 197, Art. I 136 Use Regulations Amendment L.L. No. 6-2021 6-7-2021 Alarm Systems Amendment Ch. 70 136 Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No.1-2021 Amendment Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No. 2-2021 Amendment § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Supp. No. Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No. 3-2021 Amendment Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No. 4-2021 Amendment Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No.5-2021 Amendment Traffic Amendment 6-11-2021 Vehicles and Traffic Ch. 215 136 No.6-2021 Amendment Traffic Amendment 7-15-2021 Vehicles and Traffic Ch. 215 136 No.7-2021 Amendment Traffic Amendment 7-15-2021 Vehicles and Traffic Ch. 215 136 No.8-2021 Amendment Traffic Amendment 7-15-2021 Vehicles and Traffic Ch. 215 136 No.9-2021 Amendment L.L. No. 7-2021 7-19-2021 Parks and Recreation Areas: Ch. 168, Art. II 136 Use of Facilities Amendment L.L. No. 8-2021 8-2-2021 Tattoos Repealer Ch. 202, 136 reference only L.L. No. 9-2021 9-20-2021 Cannabis: On-Site Ch. 99 137 Consumption Establishments L.L. No. 10-2021 9-20-2021 Zoning Amendment Ch. 230 137 L.L. No. 11-2021 10-4-2021 Fireworks Amendment Ch. 127 137 L.L. No. 12-2021 10-4-2021 Wetlands Amendment Ch. 227 137 Traffic Amendment 10-30-2021 Vehicles and Traffic Ch. 215 137 No. 10-2021 Amendment Traffic Amendment 10-30-2021 Vehicles and Traffic Ch. 215 137 No. 11-2021 Amendment Traffic Amendment 11-6-2021 Vehicles and Traffic Ch. 215 137 No. 12-2021 Amendment Traffic Amendment 11-1-2021 Vehicles and Traffic Ch. 215 137 No. 13-2021 Amendment Traffic Amendment 10-22-2021 Vehicles and Traffic Ch. 215 137 No. 14-21 Amendment Traffic Amendment 11-3-2021 Vehicles and Traffic Ch. 215 137 No. 15-2021 Amendment Traffic Amendment 11-1-2021 Vehicles and Traffic Ch. 215 137 No. 16-2021 Amendment § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Supp. No. Traffic Amendment 12-9-2021 Vehicles and Traffic Ch. 215 137 No. 17-2021 Amendment Traffic Amendment 12-9-2021 Vehicles and Traffic Ch. 215 137 No. 18-2021 Amendment L.L. No. 13-2021 12-20-2021 Trees Amendment Ch. 208 137 L.L. No. 14-2021 12-20-2021 Taxation: Alternative Veterans Ch. 204, Art. IV 137 Tax Exemption Amendment L.L. No. 15-2021 12-20-2021 Vehicles and Traffic Ch. 215 137 Amendment L.L. No. 1-2022 1-18-2022 Tax Levy Limit Override NCM 137 L.L. No. 2-2022 1-18-2022 Noise Amendment Ch. 160 137 Traffic Amendment 1-27-2022 Vehicles and Traffic Ch. 215 138 No. 1-2022 Amendment Traffic Amendment 3-17-2022 Vehicles and Traffic Ch. 215 138 No. 2-2022 Amendment Traffic Amendment 3-17-2022 Vehicles and Traffic Ch. 215 138 No. 3-2022 Amendment L.L. No. 3-2022 3-7-2022 Zoning Amendment Ch. 230 138 L.L. No. 4-2022 3-21-2022 Housing Standards Repealer Ch. 141, 138 Reference Only Traffic Amendment 5-2-2022 Vehicles and Traffic Ch. 215 138 No. 4-2022 Amendment L.L. No. 5-2022 5-16-2022 Zoning Amendment Ch. 230 138 L.L. No. 6-2022 6-6-2022 Water: Water Service Ch. 223, Art. I 138 Regulations Amendment L.L. No. 7-2022 6-21-2022 Building Construction: Ch. 86, Art. I 138 Building Code Administration Amendment L.L. No. 8-2022 7-5-2022 Building Construction: Ch. 86, Art. I; 138 Building Code Administration Ch. 132; Ch. Amendment; Games of 168, Art. II Chance Amendment; Parks and Recreation Areas: Use of Facilities Amendment L.L. No. 9-2022 7-5-2022 Garbage, Rubbish and Ch. 135 138 Littering Amendment Traffic Amendment 8-20-2022 Vehicles and Traffic Ch. 215 138 No. 5-2022 Amendment § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Supp. No. Traffic Amendment 9-10-2022 Vehicles and Traffic Ch. 215 138 No. 6-2022 Amendment Traffic Amendment 10-1-2022 Vehicles and Traffic Ch. 215 139 No. 7-2022 Amendment Traffic Amendment 9-1-2022 Vehicles and Traffic Ch. 215 139 No. 8-2022 Amendment Traffic Amendment 9-1-2022 Vehicles and Traffic Ch. 215 139 No. 9-2022 Amendment L.L. No. 10-2022 10-17-2022 Vehicles and Traffic Ch. 215 139 Amendment L.L. No. 11-2022 10-17-2022 Taxation: Senior Citizens Tax Ch. 204, Art. II 139 Exemption Amendment Traffic Amendment 11-3-2022 Vehicles and Traffic Ch. 215 139 No. 10-2022 Amendment Traffic Amendment 10-25-2022 Vehicles and Traffic Ch. 215 139 No. 11-2022 Amendment Traffic Amendment 11-17-2022 Vehicles and Traffic Ch. 215 139 No. 12-2022 Amendment L.L. No. 12-2022 11-1-2022 Streets and Sidewalks: General Ch. 197, Art. I 140 Use Regulations Amendment L.L. No. 13-2022 11-1-2022 Zoning Amendment Ch. 230 140 L.L. No. 14-2022 11-1-2022 Zoning Amendment Ch. 230 140 L.L. No. 15-2022 11-21-2022 Taxation: Disabled Persons Ch. 204, Art. VI 140 Tax Exemption Amendment L.L. No. 16-2022 12-5-2022 Ethics, Code of Ch. 20 140 Traffic Amendment 2-13-2023 Vehicles and Traffic Ch. 215 140 No. 1-2023 Amendment L.L. No. 1-2023 3-6-2023 Electrical Standards Ch. 113 140 Amendment Traffic Amendment 4-17-2023 Vehicles and Traffic Ch. 215 140 No. 2-2023 Amendment Traffic Amendment 3-9-2023 Vehicles and Traffic Ch. 215 140 No. 3-2023 Amendment L.L. No. 2-2023 3-20-2023 Taxation: Volunteer Ch. 204, Art. IX 140 Firefighters and Ambulance Workers Exemption Traffic Amendment 4-1-2023 Vehicles and Traffic Ch. 215 140 No. 4-2023 Amendment § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Supp. No. L.L. No. 3-2023 4-10-2023 Building Construction: Ch. 86, Art. I 140 Building Code Administration Amendment L.L. No. 4-2023 4-24-2023 Videoconferencing by Public Ch. 59 140 Bodies L.L. No. 5-2023 4-24-2023 Vehicles and Traffic Ch. 215 140 Amendment L.L. No. 6-2023 4-24-2023 Vehicles and Traffic Ch. 215 140 Amendment L.L. No. 7-2023 4-24-2023 Zoning Amendment Ch. 230 140 L.L. No. 8-2023 5-8-2023 Taxation: Tax Abatement for Ch. 204, Art. 140 Rent-Controlled and Rent- VIII Regulated Property Occupied by Certain Senior Citizens or Persons with Disabilities Amendment Traffic Amendment 4-24-2023 Vehicles and Traffic Ch. 215 141 No. 5-2023 Amendment Traffic Amendment 4-24-2023 Vehicles and Traffic Ch. 215 141 No. 6-2023 Amendment Traffic Amendment 4-24-2023 Vehicles and Traffic Ch. 215 141 No. 7-2023 Amendment Traffic Amendment 5-8-2023 Vehicles and Traffic Ch. 215 141 No. 8-2023 Amendment L.L. No. 9-2023 6-12-2023 Vehicles and Traffic Ch. 215 141 Amendment Traffic Amendment 9-14-2023 Vehicles and Traffic Ch. 215 141 No. 9-2023 Amendment L.L. No. 10-2023 6-26-2023 Garbage, Rubbish and Ch. 135; Ch. 167 141 Littering Amendment; Open Fires L.L. No. 11-2023 6-26-2023 Adult Entertainment Use Ch. 66 141 Businesses Amendment L.L. No. 12-2023 6-26-2023 Parks and Recreation Areas: Ch. 168, Art. II 141 Use of Facilities Amendment L.L. No. 13-2023 7-10-2023 Vehicles and Traffic Ch. 215 141 Amendment L.L. No. 14-2023 7-10-2023 Police Department Ch. 42 141 Amendment § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Supp. No. L.L. No. 15-2023 8-28-2023 Firearms Amendment Ch. 123 141 L.L. No. 16-2023 8-28-2023 Recycling Ch. 185 141 L.L. No. 17-2023 9-12-2023 Zoning Amendment Ch. 230 141 Traffic Amendment 12-1-2023 Vehicles and Traffic Ch. 215 141 No. 10-2023 Amendment L.L. No. 18-2023 10-16-2023 Water Amendment Ch. 223 142 L.L. No. 19-2023 11-13-2023 Taxation: Senior Citizens Tax Ch. 204, Art. II 142 Exemption Amendment L.L. No. 20-2023 11-27-2023 Zoning Amendment Ch. 230 142 Traffic Amendment 1-6-2024 Vehicles and Traffic Ch. 215 142 No. 11-2023 Amendment Traffic Amendment 1-6-2024 Vehicles and Traffic Ch. 215 142 No. 12-2023 Amendment L.L. No. 1-2024 1-10-2024 Zoning Amendment Ch. 230 142 L.L. No. 2-2024 2-7-2024 Property Maintenance Ch. 179 142 Amendment L.L. No. 3-2024 2-28-2024 Taxation: Senior Citizens Tax Ch. 204, Art. II; 142 Exemption Amendment; Cold Ch. 204, Art. VII War Veterans Tax Exemption Amendment L.L. No. 4-2024 2-28-2024 Tax Levy Limit Override NCM 142 L.L. No. 5-2024 2-28-2024 Zoning Amendment Ch. 230 142 L.L. No. 6-2024 3-27-2024 Zoning Amendment Ch. 230 142 L.L. No. 7-2024 3-27-2024 Adult Entertainment Use Ch. 66; Ch. 230 142 Businesses Repealer; Zoning Amendment L.L. No. 8-2024 4-10-2024 Dogs Amendment; Parks and Ch. 108; Ch. 142 Recreation Areas: Use of 168, Art. II Facilities Amendment Traffic Amendment 5-16-2024 Vehicles and Traffic Ch. 215 142 No. 1-2024 Amendment Traffic Amendment 7-4-2024 Vehicles and Traffic Ch. 215 142 No. 2-2024 Amendment Traffic Amendment 7-4-2024 Vehicles and Traffic Ch. 215 142 No. 3-2024 Amendment Traffic Amendment 6-27-2024 Vehicles and Traffic Ch. 215 142 No. 4-2024 Amendment § DL-1 DISPOSITION LIST § DL-1 Adoption Enactment Date Subject Disposition Supp. No. L.L. No. 9-2024 6-12-2024 Vehicles and Traffic Ch. 215 142 Amendment: On-Street Residential Parking Permit System L.L. No. 10-2024 6-26-2024 Taxation: Exemption of Ch. 204, Art. X; 142 Capital Improvements to Ch. 204, Art. XI Residential Property for the Creation of Accessory Dwelling Units; Exemption for Construction of Living Quarters for Parent or Grandparent L.L. No. 11-2024 6-26-2024 Zoning Amendment Ch. 230 142 Traffic Amendment 7-11-2024 Vehicles and Traffic Ch. 215 142 No. 5-2024 Amendment Traffic Amendment 8-15-2024 Vehicles and Traffic Ch. 215 143 6-2024 Amendment Traffic Amendment 8-30-2024 Vehicles and Traffic Ch. 215 143 7-2024 Amendment Traffic Amendment 8-30-2024 Vehicles and Traffic Ch. 215 143 8-2024 Amendment Traffic Amendment 10-12-2024 Vehicles and Traffic Ch. 215 143 9-2024 Amendment 12-2024 10-23-2024 Vehicles and Traffic Ch. 215 143 Amendment 13-2024 10-23-2024 Zoning Amendment Ch. 230 143 14-2024 10-23-2024 Taxation: Exemption for First- Ch. 204, Art. 143 Time Homebuyers of Newly XII; Ch. 204, Constructed Homes; Art. XIII; Ch. Exemption for Improvements 204, Art. XIV; to Property Made Pursuant to Ch. 204, Art. XV the Americans with Disabilities Act of 1990; Exemption for Physically Disabled Crime Victims; Exemption for Improvements to Real Property Meeting Certification Standards for Green Buildings 1-2025 1-8-2025 Rental Housing Ch. 186 144 § DL-1 CROTON-ON-HUDSON CODE § DL-1 Adoption Enactment Date Subject Disposition Supp. No. 2-2025 1-8-2025 Garbage, Rubbish and Ch. 135 144 Littering Amendment 3-2025 2-12-2025 Zoning Amendment Ch. 230 144 4-2025 2-26-2025 Tax Levy Limit Override NCM 144 Traffic Amendment 3-10-2025 Vehicles and Traffic Ch. 215 144 No. 1-2025 Amendment 5-2025 3-26-2025 Assessments, Real Property Ch. 8 144 Tax Traffic Amendment 4-3-2025 Vehicles and Traffic Ch. 215 144 No. 2-2025 Amendment 6-2025 4-9-2025 Environmental Review Ch. 116 144 Amendment 7-2025 5-14-2025 Fire Prevention Amendment; Ch. 125; Ch. 144 Streets and Sidewalks: General 197, Art. I; Ch. Use Regulations Amendment; 197, Art. IV Sidewalk Maintenance Amendment 8-2025 5-21-2025 Zoning Amendment Ch. 230 144 Traffic Amendment 6-1-2025 Vehicles and Traffic Ch. 215 144 No. 3-2025 Amendment