Mayor & Board of Trustees

AGENDA TUESDAY APRIL 14,2020 BOARD OF TRUSTEES VILLAGE OF BRIARCLIFF MANOR, NEW YORK REGULAR MEETING - 7:30 PM Due to COVID-19 concerns the meeting will be held via Zoom. Please feel free to view or call in to the meeting and email any comments you have prior to the meeting to BOT@briarcliffmanor.orq or cden nett@briarcl iffmanor.orq. Join Zoom Meeting httos ://zoo m.uslil 424885219?owd =TkN DRIVJ RzVJZE9XMkI mOE9Ud DRiZzO9 Meeting lD:424 885 219 Password:014872 Dial by your location +1 929 205 6099 US (New York) Pledge of Allegiance 1. Continuation of Public Hearings a) Fiscal Year 2020-2021Tentative Budget b) Amend Chapter 126, Fireworks c) Amend Chapter 220-2, Zoning Definitions d) Amend Chapter 220-3, Zoning Districts and Maps e) Amend Chapter 195, Taxation Board of Trustees Announcements Village Managers Report Village Engineer's Report Gommittee Reports Public Gomments 2. Authorize Village Manager to Execute an Amendment to an Agreement with ProPark America 3. Authorize Village Manager to Execute an Agreement for Legal Services for a TownA/illage Study NEXT REGULAR BOARD OF TRUSTEES MEETING - TUESDAY, APRIL 21, 2020  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA APRTL 14,2020 1. PUBLIC HEARINGS RESOLUTIONS PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT. a) BE lT RESOLVED, that the Public Hearing for the Fiscal Year 2020-2021 Tentative Budget is hereby closed. b) BE lT RESOLVED that the proposed local law to amend Chapter 126, Fireworks of the Code of the Village of Briarcliff Manor is hereby adopted c) BE lT RESOLVED that the proposed local law to amend Chapter 220-2, Zoning Definitions of the Code of the Village of Briarcliff Manor is hereby adopted. d) BE lT RESOLVED that the proposed local law to amend Chapter 220-3, Zoning Map and Districts of the Code of the Village of Briarcliff Manor is hereby adopted. e) BE lT RESOLVED that the proposed local law to amend Chapter 195, Taxation of the Code of the Village of Briarcliff Manor is hereby adopted Chapter 126 Fireworks DRAFT For BOT Discussion 3-3-2O20L26 Chapter 126. Fireworks [HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 10-10-2019 by L.L. No. 5-2019. Amendments noted where applicable.l S 126-1 . Findings and purpose. A. Pursuant to New York State Penal Law, S 405.00, it is now legal for private individuals, as well as organizations and municipalities, to employ the services of professional pyrotechnics for fireworks displays. The Village Board of the Village of Briarcliff Manor hereby finds that such activities are extremely dangerous, as they incorporate the use of highly explosive materials and other devices which pose a threat to the health and safety of the Village of Briarcliff Manor and its residents. The Board therefore finds it necessary to enact a chapter benefiting the health, safety and general welfare of the Village of Briarcliff Manor and its residents with respect to the storage and use of fireworks within the Village's jurisdiction. B. This chapter shall augment, and in no way conflict with or supersede, S 405.00 and $ 270.00 of the New York State Penal Law and, where applicable, shall regulate those areas specifically prescribed to the authority of the Village. S 126-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ASSISTANT For purposes of this chapter, the individual(s) employed by a state-certified pyrotechnic operator (as defined below) and who is at least 18 years of age and trained in the proper handling and discharge of fireworks. FIREWORKS Defined herein in accordance with $ 270 of the New York State Penal Law as any blank cartridge, blank cartridge pistol, or toy cannon in which explosives are used, firecrackers, sparklers or other combustible or explosive of like construction, or any preparation containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, or other device containing any explosive substance. OPERATOR A pyrotechnic or pyrotechnic company certified by the State of New York, pursuant to Article 2B-D of the NewYork State General Business Law and Article 16 of the NewYork State Labor Law, in the handling, storage and discharge of fireworks. PERMIT For purposes of this chapter, a permit issued by the permitting authority for the public display and discharge of fireworks in accordance with the requirements set forth by this chapter and as provided for in the application materials provided by the Village of Briarcliff Manor. PERMITTING AUTHORITY Chapter 125 Fireworks DRAFT For BOT Discussion 3-3-2020126 For purposes of this chapter, the Village of Briarcliff Manor Village Clerk, who shall review applications for fireworks displays and, in consultation with the Village of Briarcliff Manor Police Department and the appropriate district fire department, issue or deny permits in connection therewith. SPONSOR For purposes of this chapter, any person, company, municipality, fair association, or other legal entity applying for a permit for the discharge and display of fireworks. S 126-3. General restrictions; permit required A. Nopersonorotherlegalentityshallconductan@displayintheVillage of Briarcliff Manor. B. No public fireworks display shall be conducted in the Village of Briarcliff Manor on a lot containing a two-family or multiunit dwelling as its principal use. c. No storage of fireworks, or public or private fireworks display, shall be conducted in the Village of Briarcliff Manor unless a valid permit for such storage and/or display is first issued by the permitting authority. D. A permit issued pursuant to this chapter shall not be transferable to any other party. Attempt to transfer such permit shall result in revocation of the permit. E. A permit may be issued for a display to be held: i) on any night during the months of July and August; and ii) only on a Friday or Saturday night, or a night preceding a federal holiday, during any other month of the year. F. No display shall last for more than 30 minutes. b. G displav shall continue past 10pm. H. No fireworks display shall (i) include "titanium salutes" or any device whose desioned purpose or effect is to create a very loud concussive effect, or (ii) emplov fireworks containinq any substance to amplify the emitted noise any more than is minimally required to achieve the desired colerfql effcal +L Nothing herein shall limit the duration or date restrictions for any display held by the Village of Briarcliff Manor for Community Day, or any other event held by the Village of Briarcliff Manor and authorized by a resolution of the Board of Trustees. S 126-4. Application procedures. A. Chapter l-26 Fireworks DRAFT For BOT Discussion 3-3-2020126 lnformation required; filing deadline; fee. (1) The application for a permit pursuant to this chapter shall contain at least the following information, and supporting documents, on a form provided by the Village: (a) The name of the sponsor; (b) The name of the state-certified operator hired to conduct the display; (c) All assistants who will work with/for the operator in executing the fireworks display for which the permit is sought; (d) A verified statement from the sponsor identifying the operator, accompanied by copies of all certificates demonstrating competence as a state-certified operator; such certificates shall include: t1I A copy of the operator's United States Department of Transportation hazardous material certificate of registration; l2l A copy of the operator's United States Treasury Department, Bureau of Alcohol, Tobacco and Fi rearms explosives permit; t3l A copy of the operator's New York State Department of Labor, Division of Safety and Health license to deal in or manufacture explosives; and l4l Copies of the licenses of the individual assistants who will assist the operator in execution of the fireworks display; (e) The date and time on which the display is to be made; (0 The number and kind of fireworks; (g) The manner and place of storage of the fireworks under the display date; (h) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions; (i) Such other information as the permitting authority or Village of Briarcliff Manor Police Department prescribes as necessary for the evaluation and determination of a fireworks permit application. (2) Such application shall be filed with the permitting authority no less than 30 calendar days before the date on which the proposed fireworks display is to take place. Such application shall be accompanied Chapter 126 Fireworks DRAFT For BOT Discussion 3-3-2O2OL26 by a nonrefundable fee as set forth in the Village of Briarcliff Manor fee schedule on file in the Village Clerk's office. B. Bond or insurance. (1) Before granting and issuing a permit for the display of fireworks as herein provided, the permitting authority shall require an adequate bond from the sponsor, unless it is a state park, or a city, town, or village, which shall not be less than $1,000,000, conditioned for the payment of all damages which may be caused to a person or to the property of a person or legal entity by reason of the display permitted and arising from any acts or omissions of the sponsor, operator, or any agent, employee, contractor, or subcontractor thereof. A certificate evidencing the purchase of the bond shall be provided to the Village prior to the date of any proposed fireworks display. (2) The Village may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond would be predicated and for the purposes provided in this section. Such indemnity insurance policy shall name the Village of Briarcliff Manor, and its agents, officers, directors and employees, as an additional insured. A certificate evidencing the purchase of the policy shall be submitted to the Village prior to the date of any proposed fireworks display. c. Upon receipt of an application for a fireworks permit, the permitting authority shall review the application contents, consult with the Village of Briarcliff Manor Police Department and determine whether such application is in conformity with the requirements of this chapter. The permitting authority shall not unreasonably withhold granting of a permit. D. Denial of an application for a permit shall be in writing, addressed to the sponsor of the permit, setting forth the reasons for such denial. E. The nonrefundable fee for submission of a fireworks display permit application shall be as set forth in the Village fee schedule. S 126-5. Viewing distance The sponsor and operator shall establish the minimum safe viewing distance from which viewers of the fireworks display can observe the proposed display without risk of harm or injury, which minimum distance shall be approved by the permitting authority, in consultation with the Village of Briarcliff Manor Police Department. A perimeter shall be established for this purpose, which only authorized members of the permitting authority and operator may cross before and during execution of the fireworks display. S 126-6. Notification. No earlier than 21 days and no later than 14 days prior to the scheduled date of the fireworks display, the sponsor shall be required to notify all property owners who, in the sole judgment of the Village Clerk, may be impacted or inconvenienced by the display, including but not limited to all owners of property adjacent to, directly across from, or within a specified range of miles from the property being Chapter 126 Fireworks DRAFT For BOT Discussion 3-3-2020126 utilized for the fireworks display. Such notice, in a form and manner prescribed by the Village Clerk, shall include the sponsor's name and contact information, expected starting date and time, any alternative event dates to be used in case of inclement weather or other reason for rescheduling, and the planned duration of the event. The sponsor shall provide proof or affirmation of such notice to the Village Clerk no later than seven days prior to such event. S 126-7. Revocation of permit. A. lf the permitting authority discovers that the sponsor has provided intentionally misleading or false information in the application materials, or that the sponsor or operator has otherwise violated any provision of this chapter, he/she may deny or revoke the permit prior to the date of the proposed fireworks display. B. The Village Manager, the Building lnspector, or a Fire Chief may suspend and reschedule any fireworks display due to a dangerous weather condition, or the declaration of a Red Flag Warning by any office of the National Weather Service. S 126-8. Additional requirements. A. All fireworks that fire as a projectile shall be set up such that they fire in as vertical a direction as possible in order to avoid the possibility that debris will travel outside the perimeter established pursuant to $ 126-5, above. B. All debris resulting from the fireworks display shall be promptly collected and properly disposed of by the operator in the manner prescribed by state law. c. There shall be at least two individuals constantly on duty during the discharge of the fireworks display, at least one of whom shall be a state-certified operator. Furthermore, there shall be two approved type fire extinguishers kept within the actual display area, which must be as widely separated as possible. D. The Village reseryes the right to have a representative of the permitting authority, the Village of Briarcliff Manor Police Department, the Village of Briarcliff Manor Fire Department, or any other appropriate representatives attend any fireworks display for which a permit is issued. The sponsor shall provide to such Village personnel proper restroom facilities and water, and meals and other such support for services shall be provided to any such Village personnel present in excess of four consecutive hours. E. The sponsor and operator shall have all permits available and ready for inspection on site before and during the execution of the fireworks display. F. No smoking shall be permitted within 200 feet of any area where fireworks or other related materials are being temporarily stored. Chapter 126 Fireworks DRAFT For BOT Discussion 3-3-2O20t26 S 126-9. Penalties for offenses A. Any person, legal entity, sponsor, or operator committing an offense against this chapter shall be subject to the penalties of Article 270 of the New York State Penal Law, and $ 405.05 of the New York State Penal Law concerning seizure of fireworks. B. Notwithstanding any conviction(s) for violation of state law, violation of this chapter shall constitute a violation of the Code of the Village of Briarcliff Manor, subject to a civil penalty of $250 and revocation of any and all permits issued pursuant to this chapter. Any such conviction will also be considered in determining whether future permits under this chapter should be issued to the same sponsor and/or operator. c. The Building lnspector, any Chief of the Village of Briarcliff Manor Fire Department, and any other person or agency authorized under state or local law, shall have the authority to enforce the provisions of this chapter and issue citations for civil penalties for failure to comply with the provisions of this chapter. S 126-10. Severability. ln the event any section, subsection, paragraph, or clause of this chapter is declared invalid by a court of competent jurisdiction, such finding shall have no effect on the remaining provisions of this chapter or their enforceability. S 126-1 1 . Conflict with state law. ln the event any section, subsection, paragraph, or clause of this chapter is in conflict with $ 270 or $ 405 of the state Penal Law, the provisions of the Penal Law are deemed to be incorporated herein and willcontrol. I Chapter 220-2 Definitions FOR DISCUSSION ONLY Uodated 3-5-2020 S 220-2. Definitions Except lvhere specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular. The word "building" includes the word "structure"; and the word "shall" is intended to be mandatory; and the words "occupied" or "used" shall be construed as though followed by the words "or intended, arranged, or designed to be used or occupied." ACCESSORY BUILDING A building, the use of which is incident to that of the principal building and located on the same lot. AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT [Added 3-16-201 1 by L.L. No. 2-201 1] A. ln the case ofa for-purchase housing unit, one that is affordable to a household lvhose income does not exceed 80% of the area median income (AMl) for Westchester as defined annually by the U.S. 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 (PlTl), does not exceed 33o/o of 80% AMl, adjusted for family size. B. ln the case ofa rental unit, one that is affordable to a household whose income does nol exceed 600/o AMI and for which the annual housing cost of the unit, defined as rent plus any tenanlpaid utilities, does not exceed 30% of 600/o AMl, adjusted for family size. BIOMEDICAL & BIOTECH FAGILITIES A facility that uses living organisms or bioloqical processes for the purpose of developing useful agricultural, industrial or medical products. BUILDING Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or property. lAdded 9-3-2003 by L.L. No. 6-20031 CARRY-OUT FOOD ESTABLISHMENT An establishment engaged in the sale of prepared, ready{o-consume food and/or beverages primarily intended for off-site consumption but which may have limited seating for on-site consumption. A carry-out food establishment may include on-site food and/or beverage preparation. Notwithstanding the foregoing, a carry-out food establishment shall be considered a restaurant for application of the parking requirements of $ 220-12C(13) if the establishment has more seats than the lesser of: A. The quotient of lhe establishment's gross floor area divided by 100; or B. Twenty. [Added 5-17-2017 by L.L. No. 1-2017] Chapter 220-2 Definitions FOR DISCUSSION ONLY Uodated 3-5-2020 CLUBS, LODGES. RECREATION FACILITIES A buildinq, qroup of buildinqs. or prooerty with facilities to accommodate the reqular qatherinq, principally to members and guests. but possibly for paying members of the public. for recreational, athletic or social purposes. COLLOCATION The installation of two or more wireless telecommunication services antennas and related appurtenances on the same monopole. For purposes of this chapter, the installation of two or more structurally-mounted wireless telecommunication services antennas on the same building or structure other than a monopole, or the installation of two or more wireless telecommunication services facilities in different locations on the same site, shall not be considered "collocation.".r [Added 8-12-1999 by L.L. No.6-1999] CONFERENCE CENTERYEVENT SPACE A property. building, or group of buildings designed for conventions, industrial shows. gatherings, and the like. optimized for larqer qroup meetinqs, exhibitions, demonstrations. performances, or assemblies, which may include conference rooms. Iecture spaces. presentation facilities. stages, and accessory short{erm lodginq, restaurants. and other such facilities. COURT An open, uncovered and unoccupied space bounded on two or more sides by the walls of a principal building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts. COVERAGE. BUILDING That percentage of the land area covered by the combined area of all buildings on all or that portion of the lot within the same zoning district as the principal building. lAdded 5-29-2003 by L.L. No. 3-20031 GT ASSISTEB tIVlNG Disti n€t fr€m arlElffi mmunity-a4+Assiffiisue i€a{r€n+ylh€+ew+€* S+ate-O€€€{m€,rqt€+lf€€fth DATA STORAGE FACILITY A facility dedicated to house computer svstems and associated components to support business continuity by supolving redundant data storage, infrastructure, power supplv. communications. and securitv devices. DISH ANTENNA A device, also known as a "satellite dish" or "earth station," whose purpose is to receive communication signals from orbiting satellites and other extraterrestrial sources and which may include as a component part a low-noise amplifier (LNA), situated at the focal point of the receiving component, whose purpose is to magniry and transfer signals. DWELLING UNIT A building or portion thereof providing complete housekeeping facilities for one family only. ELDERCARE COMMUNITY The premises and buildings providing for-profit congregate living arrangements in which at least one person occupying each residential unit meets the definition of "elderly," and in which all other occupants of each residential unit are either the spouse of, or a person required for the physical care or support of, such person meeting the definition of "elderly." An eldercare community shall include one or both of the following: A. ASSISTED LIVING Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5-2020 Residential facilities accompanied by support services, including the provision of at least one meal per day and personal care services such as medication supervision and assistance with the activities of daily living such as bathing, dressing, grooming, eating and ambulation. B. INDEPENDENT LIVING Dwelling units with individual kitchens and bathrooms where at least one meal per day plus one or more of the following services are provided to residents within the dwelling unit or in common facilities on site: laundry, security and housekeeping. ELDERLY Persons 60 years of age and older. ENCLOSED PORCH oT ENCLOSED BREEZEWAY Any porch or breezeway that has walls, windows, screens or other elements that restrict movement to or from the porch or breezeway, except that an open porch or breezeway may have walls with a height of up to three feet six inches above finished floor elevation so long as 80% of the area above that height to the height of the ceiling remains open. [Added 8-16-2007 by L.L. No. 7-2007] EXPERIENTIAL RETAIL A retail use that offers customers an in-store opportunity for phvsical interactive engagement with a product or service. FAMILY Two or more persons related by blood or marriage, or not more than four unrelated persons, occupying a dwelling unit and living together as a single housekeeping unit may be considered as a family. FITNESS CLUBS. TRAINING FACILITIES A commercial establishment offerinq instruction. training or assistance and/or the facilities for the preservation, maintenance. encouragement or develooment of phvsical fitness or well- beinq. as well as health spas. health studios. gymnasiums. weiqht control studios. martial arts and self-defense schools or anv other commercial establishment offering a similar course of physical training. FLAT A dwelling unit located completely within one floor of a multifamily dwelling. [Added 10-18-2001 by L.L. No.2-2001] FLOOR AREA. GROSS The sum of the horizontal areas of the floors of the building or buildings, excluding attics and any floor area used for off-street parking or loading purposes (except for one-family residences), measured from the exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall and including any two-story space or enclosed porch or enclosed breezeway. For single-family residences, the following areas shall also be included in lhe gross floor area: [Added 5-29-2003 by L.L. No. 3-2003; amended 9-3-2003 by L.L. No. 6-2003;8-16- 2007 by L.L. No.7-20071 A. The sum of the area of the building coverage multiplied by lhe percentage of the building perimeter with exposed walls of seven feet or greater below the lirst floor elevation. B. I chapter 220-2 Definitions FoR DISCUSSION ONLY Updated 3-5-2020 Any floor area with a floor to ceiling height of 16 feet or greater shall be doubled for the purpose of calculating gross floor area. c. The portion of the total area of any deck(s) elevated above ground (not patio) on the lot that is in excess of the square footage set forth below for the zoning district in which the lot is located. District Square Feet R6OA 600 R4OA 400 R4OB 400 R3OA 300 R2OA 200 R2OB 200 R128 180 RlOB 150 RT4B 100 FLOOR AREA RATIO (FARI The gross floor area of all buildings on a lot divided by the area of such lot. [Added 5-29-2003 by L.L. No. 3-2003] GARAGE. PUBLIC A building or part lhereof used for the storage, care, or repair of motor vehicles for remuneration, including any sale of motor vehicle accessories, gasoline or oil, or for keeping vehicles for hire. g HEIGHT OF BUILDING The vertical distance from the mean level of the finished grade of the land immediately adjacent to the building to the level of the highest point of the roof beams, except that in the case of pitched roofs, it is the vertical distance from such level of the land to the mid-point between the eave and ridgeline of the roof above the highest wall or walls, or the top of the highest window, whichever is greater. [Amended 9-3-2003 by L.L. No. 6-2003] Hl€'HtY-rQMENt+IZED4PAR+M€AITS Ahie@e€rp€ra+e+€i€f ifi €aFt€men+ties-+e+e,€lassifi e @ilding@es-rrust-,b€ in€luded: €€n€ier€€ s€rvi€es-{il€es$-€enter-on-si+e-€e+s€naH+aiFinqJitne-ss-aqd-rye+lness shuttle bus. orivate.outdosr epen sBaee. eemmunal ould€or €pen soaee=assiqned-parkinq. l€--€+eFage---€maR th@n€es-*€vless-unile{e€+r€fl i€-eF+F#.r#asher€€#Frcrs i€€lt-+ni+$r-€€€Jrdpr€€f-musi€liam-r€€m with Biane, elec i€nsr-rlale{ Bar+iF€- HOME OCCUPATION I chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5'2020 Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incident and secondary to the use of the dwelling for dlvelling purposes. The conduct of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home or animal hospital shall not be deemed to be a home occupation, HOSPITAL Unless otherwise specilied, the term "hospital" shall be deemed to include sanitarium, sanatorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments. HOTEL A building or portion thereof containing rooms occupied by transient guests who are lodged, with or wthout meals, and in wlich buildinq or portion thereof, there mav be certain public rooms or halls for the service of food and drink, with or without accessory conveniences or services normally incidental to and associated with such a use. INSTITUTIONS OF HIGHER LEARNING A facility dedicated to the pursuit of education in beyond a secondary education. including colleges, universities, professional and technical schools. and educational work connected with libraries, museums, university and educational extension courses and similar agencies. LEARNED PROFESSIONAL Of or pertaining to the learned professions, defined as and limited to the practice of architects, engineers, physicians, lawyers and dentists, as distinguished from the practice of a trade, business, or profession in general. LIGHT MANUFACTURING The use of a propert:/ for the desiqn or creation of commercial products uses that does not qenerate siqnificant noise, glare, waste. utilitv, municipal resource usaoe, or heaw traffic impacts on surrounding areas. LIVABLE FLOOR AREA The area within the exterior or party walls of the dlvelling unit, excluding garages, cellars, heater rooms, basements, porches, and breezeways, but including all heated livable rooms, kitchens, utility rooms, bathrooms, closets and hallways. LOADING SPACE Any off-street space available for the loading and unloading of goods to or from vehicles. LODGE A local society or branch having a charterfrom a duly organized fraternal order. LOT A piece, plot or parcel of land or assemblage of contiguous parcels of land occupied or to be occupied by a single principal building or use and its accessory buildings and uses. LOT. CORNER A lot at the junction of and abutting on two intersecting streets when the interior angle of intersection does not exceed 1 35o. LOT. WIDTH To comply with Column 5 of the schedule the width of a lot shall be measured along a line parallel to the street line and located at the minimum distance from the street line as required in Column 8 of the schedule. MEDICAL OFFICE, OUTPATIENT AND AMBULATORY CARE FACILITIES lnstitutions or organizations offering medical services performed on an outpatient basis, without admission to a hospital or other facilitv including, but not limited to. offices of physicians and other health care professionals, hospital outpatient depeitments, surqical centers, specialtv clinics or centers (such aq loj_blqqdwork, dialysis, o care clinics. I Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5-2020 MIXED.USE DEVELOPMENT A use of a 0rooertLcombininq Mpermitted retail, experiential retail, retail service. restaurant, carry-out food establishment. theater. he€lthfitness club, nursery school, {utoflng-or-medical office, outoatient and ambulatory care facilities, gen€+al Braetiee wai{+in-medieat i*iaor other combinations of commercial uses into a sinqle buildinq or qroup of buildinqs and a unified site desiqn and confiquration that shares access. parkinq. utilitv infrastructure and associate hmenitiesl. and may include in '.'-- Commented IPSCU: Changed to be largely commercial housinq associated with the use thereto. with accessory residential use. MONOPOLE A freestanding pole having a single point of location on the ground comprising a part of a wireless telecommunication services facility. For purposes of this chapter, the term "monopole" shall include, in addition to the pole, all other components of the wireless telecommunications services facility. [Added 5-5-1997 by L.L. No. 2-1997] MULTIFAMILY DWELLING A building containing two or more dwelling units or a part of a building above a permitted business use containing two or more dwelling units. MUSEUM OR ART GALLERY An institution. includinq but not limited to halls of fame. aouariums. botanical gardens and arboretums, that is essentiallv educational or aesthetic in purpose, with professional staff, which ordinarilv owns, exhibits, maintains, and/or utilizes artifacts, art, and/or specimens, including non-tangible electronic. video, digital and similar art, cares for them. and exhibits them to the public on some reqular schedule. NIER Nonionizing electromagnetic radiation. [Added 5-15-1997 by L.L. No.2-1997] NURSERY SCHOOL A building or buildings or portion thereof together with surrounding grounds used for the purpose of educating or supervising the play of preschool age children. OFFICE BUILDING A building occupied or used for business or professional offices of individuals, partnerships, associations or corporations, in which no commercial goods, materials or products other than serviceis are sold at retail or offered for retail sale from the premises, no stock-in{rade other than samples is displayed or stored, and no commercial goods, materials or products are manufactured, assembled, or commercially serviced or repaired. PARKING AREA An off-street area containing one or more parking spaces with vehicular circulation ways and driveways, and internal and peripheral drainage facilities, lighting facilities, landscaping, signs, curbs, fences, walls, pedestrian walks and areas and other incidental facilities and appurtenances thereto. [Amended 5-21-1998 by L.L. No. 2-1998] PARKING SPACE A specific off-street localion available for the parking of one motor vehicle on a transient basis, normally located within a parking area, and having usable and relatively direct access to a street. PERMITTED ACCESSORY BUILDING DWELLING UNIT A dwelling unit in an accessory building for which a certificate of occupancy has been issued under Chapter 9q and $ 220-9.3 of this Chapter 220. lAdded 1 1-5-2014 by L.L. No. 2-20141 PHILANTHROPIC INSTITUTION I Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5-2020 A not-for-profit organization promoting the general zublic welfare as its major purpose. PLACE OF WORSHIP A soecially designed structure or consecrated space vvhere individuals or a group of peoole, such as a congreoation, come to oerform acts ofdevotion, veneration. or religious studv includinq. bv way ofexample, a church, temple, synagogue. or mosque. PRINCIPAL BUILDING A building in which is conducted the principal use of the lot on which it is situated. PUBLIC UTILITY Persons, lirms or corporations supplying gas, elechicity, water, po\/er, transportation, television, cable or telephone service to the general public, including wireless telecommunication services which are regulated separately under this chapter. [Added 5-15-1997 by L.L. No.2-1997] REAR LOT LINE The lot line generally opposite the street line. lf the rear lot line is less than l0 feet long, or the lot comes to a point, the rear lot line shall be deemed to be a line within the lot not less than 10 feet long parallel to and farthest from the street line. RESEARCH LABORATORY A building for experimentation in pure or applied research, design, development, and production of prototype machines or devices, or of new products and uses necessary thereto; wherein products are not manufactured or assembled primarily for wholesale or retail sale wherein commercial servicing or repair of commercial products is not performed, and where there is no display of any materials or products for sale. RESIDENTIAL UNIT One or more rooms providing sleeping facilities for the occupants thereof, and which may also include provisions for cooking, living and sanitary facilities. RESTAURANT An establishment engaged in the preparation and sale of food and beverages primarily intended for on-site consumption, selected from a menu by patrons seated at a table or counter, and served by a waitperson. A restaurant will include on-site food and beverage preparation and will have seating with counters or tables adequate to accommodate all patrons served for on-site consumption and sufficient to accommodate a full place setting for each patron. Notwithstanding the foregoing, a carry-out food establishment that has more than 20 seats shall be considered a restaurant for application of the parking requirements of $ 220- {2C(13). lAdded 5-17-2017 by L.L. No. 1-2017I RETAIL An establishment engaged in selling goods, merchandise, or services to the general public for personal, household, or business consumption or use, and not for resale in any case, and rendering services incidental to such sales. A retail establishment typically will be a place of business and engaged in activity to attract the general public to buy and may process or manufacture some of the goods and merchandise that it sells. A retail establishment may include the sale of ready{o-consume food and/or beverages and may have up to 20 seats for on-site consumption as an accessory use located entirely within the principal structure and with no exterior entrance of its own. lAdded 5-17-2017 by L.L. No. 1-20171 SELF-STORAGE FACILITY A building or oroup of buildings within a controlled access or fenced environment divided into separate compartments used to meet the temporary storaqe needs of small businesses. apartment dwellers or other residential uses. SENIOR CARE COMMUNITY I Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5-2020 A for-profit development: [Added 6-18-2014 by L.L. No. 1-2014] A. That is "housing for older persons," meaning housing that is: OL Provided under any state or federal program that the Secretary of Housing and Urban Development of the United States determines is specifically designed and operated to assist elderly persons as defined in such state or federal program; or tzL lntended for, and solely occupied by, persons 62 years of age or older; or I3t lntended and operated for occupancy by persons 55 years of age or older; and GL At least 807o of the occupied units are occupied by at least one person who is 55 years of age or older; and QL The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under 42 U.S.C. S 3607, as the same may be amended from time to time; and GL The housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall: [L Provide for verification by reliable surveys and afiidavits; and IzL lnclude examples of the types of policies and procedures relevant to a determination of compliance with the requirement of Subsection AGUM above. Such surveys and afiidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (Source: 42 U.S.C. $ 3607, as lhe same may be amended from time to time.) B. Such development: I1L Chapter 220-2 Definitions FOR DISCUSSION ONLY Uodated 3-5-2020 ls a continuing care retirement community (CCRC) authorized by the State of New York in accordance with Article 46 of the Public Health Law, as said law may be amended from time to time; or tzL ls a fee-for-service continuing care retirement communities demonstration program authorized by the State of New York in accordance with Article 46-4 of the Public Health Law, as said law may be amended from time to time; or I3L ls an assisted living development (ALD) certified and licensed in accordance with Article 46-8 of the Public Health Law, as said law may be amended from time to time, which shall, among other things, provide a continuum of housing, daily living services and facilities, and health care for seniors; or Gt ls a congregate living facility that provides senior residents with access to, and a choice of, any of the following: GI lndependent living units (lLU); and IbI Assisted living units (ALU), including, but not limited to: lLL The provision of services in accordance with an enhanced assisted living certificate issued by the New York State Department of Health that enables the senior care community to admit and retain residents who chronically require the physical assistance of another person, or require more than intermittent or occasional assistance from medical personnel; and EI The provision of services with a special needs assisted living certificate issued by the New York State Department of Health that provides memory care services to meet the unique needs of older adults who have been given a medical diagnosis of Alzheimer's disease or other recognized forms of dementia, including around-the-clock supervision and assistance with daily activities, twenty-four-hour security and supportive services; and/or GL Skilled nursing units (SNU); and c. Such development shall further include Chaoter 220-2 Definitions FOR DISCUSSION ONLY Uodated 3-5-2020 IlI A range of medical, health care and social services, including, among otherthings, home health care, hospice care, dementia care, memory care, respite care, rehabilitation services, including on-site physician's offices; and tzL Amenities, facilities and programs specifically designed to enhance the length and quality of life of senior residents, including common dining, recreation, incidental retail, incidental personal services, and cultural facilities; and €L Optional overnight accommodations for the guest(s) of any resident, only as may be permitted as a condition of the required special permit. SIDE LOT LINE The line connecting the street line of the lot with the rear lot line and running along the side thereof. SOLAR ENERGY COLLECTOR A device or combination of devices wfrich relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity. STORY That portion of a building betlrieen the surface of any floor and the surface of the floor next above it or, if there be none, between the surface of the floor and the ceiling or rafters above it. A basement shall be counted as a story if the finished floor level directly above the basement is more than six feet above the average finished grade of the ground adjacent thereto, or except for one-family residences if it is used for business purposes other than storage or for dwelling purposes other than for a janitor or watchman. [Amended 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No. 7-2007] STORY. ONE-HALF A story with at least two opposite exterior sides meeting a sloping roof at the floor of such story, and the area of the attic space with a floor-to-rafter height of seven feet or greater is less than 60% of the area of the floor as measured on the floor directly below. [Amended 9-3-2003 by L.L. No. 6-2003] STREET A thoroughfare which has been placed and designated on the Official Map as a street, and which affords the principal means of access to abutting property. STREET LINE Synonymous with "front line" and being the line of the lot coinciding with the line of the street on which it fronts and for purposes of this chapter disregarding any lines showing lands in the same ownership lying within the bed of a street. STRUCTURE Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, includlng but not limited to buildings, signs, swimming pools, tennis courts. lAdded 9-3-2003 by L.L. No. 6-20031 STUDIO The working place space or room for creative artists, defined as and limited to that for a painter, sculptor, or musician who is the owner and occupant of the main dwelling and shall only be I Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 3-5-2020 applicable when no employees are associated with this activity. Tutoring and instruction, including art, music, voice, musical instrument, shall be limited to a single pupil at a time. SWIMMING POOL Any noncommercial private outdoor structure, excavation, pond, body of water or receptacle for water, having a depth at any point greater than two feet, together with the apparatus and equipment, if any, pertaining thereto, used or intended to be used for swimming or bathing by residents of the premises and their guests, without charge for admission and not for the purpose of profit, located on a lot as an accessory use to the residence or dwelling thereon. SWIMMING POOL BUBBLE An accessory use to a swimming pool constructed for the purpose of enclosing an outdoor swimming pool in order to enable swimming without exposure to the elements at such times when the outside temperature and/or conditions makes unprotected swimming uncomfortable or less desirable. lt is commonly known as a "bubble" and may be used with or without a heating apparatus. TENNIS COURT An accessory use constructed for the purpose of facilitating the playing of tennis, within the confines of said court and lvhich requires the erection of a fence, wall or other enclosure or the grading and/or paving of an area in excess of 3,000 square feet. TOWNHOME A dwelling unit sharing a common side or rear wall or walls with another dwelling unit or units, but occupying the entire volume within its portion of the building from the lowest level to the roof, and having its own separate entrance or entrances to the outside. lAdded 10-18-2001 by L.L. No.2-20011 USE. ACCESSORY A use customarily incident and subordinate to the principal use of a lot or building located on the same lot therewith or otheruise permitted under this chapter to be construed as accessory thereto. USE. PRINCIPAL The specific purpose for which land is used or a building is designed or used or for which it is or may be occupied or maintained. WIRELESS TELECOMMUNICATION SERVICES The provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. S 332(CX7XC), or as hereafter amended. [Added 5-15-1997 by L.L. No.2-1997] WIRELESS TELECOMMUNICATION SERVICES FACILITY Any equipment used in connection with the commercial operation of wireless telecommunication services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. S332(c)(7XC), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures. lAdded 5-15-1997 by L.L. No.2-19971 YARD An open space, unoccupied except as permitted under this chapter, lying between a lot line and a line parallel to such line and tangent to the nearest part of the principal building. YARD, FRONT I Chaoter 220-2 Definitions FOR DTSCUSSTON ONLY Uodated 3-5-2020 A yard extending the full width of the lot and lying between the line of the street upon which the lot fronts, as shown on the Official Map, and a line parallel lhereto, tangent to the nearest part of the front of the principal building. YARD. REAR A yard extending the full width of the lot, unoccupied except as permitted under this chapter, lying between the rear lot line and a line parallel thereto and tangent to the nearest part ofthe rear of the principal building. YARD. SIDE A yard, unoccupied except as permitted under the chapter, extending from the inner line of the front yard to the inner line of the rear yard and lying between a side lot line and a line parallel thereto and tangent to the nearest part ofthe principal building. n Editor's Note: The definition of "continuing care retirement commun$," added *9-2003 by L.L. No. 3- 2003, which immediately followed this definition, was repealed 6-8-201 4 by L.L. No. 1-2014. See now the definition of "senior care community." LA Editot"s Note: The definition of '?ross area of ground floor of a dwelling," which immediately followed this definition, was repealed 9-3-2003 by L.L. No. 6-2003. I3l Editofs Note: The schedule is included as an attachment to this chapter. $ 220-3. Districts and maps. A. Districts. For the purpose of this chapter the Village of Briarcliff Manor is hereby divlded into the following classes of districts: [Amended 12-'17-2009 by L.L. No. 5-2009;1-20-2011 by L.L. No. 1-2011; 3-30-2015 by L.L. No. 1- 20181 Single-Family Residence Districts R80A Minimum lot area: 80,000 square feet R60A Minimum lot area: 60,000 square feet R40A Minimum lot area: 40,000 square feet R40B Minimum lot area: 40,000 square feet R30A Minimum lot area: 30,000 square feet R20A Minimum lot area: 20,000 square feet R20B Minimum lot area: 20,000 square feet Rl2B Minimum lot area: 12,000 square feet Rl0B Minimum lot area: 10,000 square feet RT4B Minimum lot area: 7,260 square feet to 10,890 square feet Multifamily Residence District R30M Minimum lot area: 5,000 square feet EC Eldercare Community Residence District Business Districts Bl Retail Business BIA Retail Business and Residential BZ General Business, including light industry -s @ Formatted Table -gt Bt+si+ess-++ar+si+ie*al Formatted Table CTI Complementarv Use Transition I CT2 Complementarv Use Transition 2 CT3 Complernentarv Use Transition 3 CT4 Cornplementarv Use Transition 4 Cl'5 Contplententaly Use Tlansition 5 Central Business Districts CBI Central Business District I  CB2 Central Business District 2 B. Map. The boundaries of such districts are hereby established as shown on the map entitled "Zoning Map, Village of Briarcliff Manor, New York, dated October 29, 1958,' last revised on March 30, 201S, which map accompanies and is hereby made a part of this chapter. Such map replaces in entirety the Zoning Map of June 1953 as heretofore amended from time to time.ll lAmended 12-17-2009 byL.L. No.5-2009; 1-20-2011byL.1. No. 1-2011;10-19-201'l byL.L. No.3- 2011;11-2-2011 by L.L. No. 4-2011;3-3O-2O15 by L.L. No. 1-20181 tll Editor's Note: The Zoning Map is on file in the office of the Village Clerk. c. Boundaries. Except wiere referenced to a street line or other designated line shown on the Zoning Map by distance in feet therefrom, the district lines are intended to follow lot lines, or the center lines of streets, railroads, streams or aqueducts, or the boundaries of the Village, and where any district abuts upon the Hudson River the boundary lines thereof shall be deemed to extend outward to the boundary of the Village in such river. In unsubdivided land, or where a district boundary divides a parcel or lot, the location of such boundary, if not indicated by dimensions shown upon such map, shall be determined bythe use ofthe scale appearing thereon. Chapter 195 Article I Business lnvestment Exemption DRAFT For Discussion Purposes Only 3-8-2020 Chapter 195. Taxation Article l. Business lnvestment Exemption lAdopted 12-2-1976 by L.L. No.5-19761 S 195-1. Legislative intent. Thepurposeofthisarticleistoprovidefortheofthereal property tax exemption provided for in S '185 b (Chapter 278 ef the taws ef 1976); Subdivision 2a-,2 o[ S 485-b of the New York State Real Property Tax Law ("RPTL 485-b"I ingg that delavinLthe full increase of assessed property value after imorovements of commercial properties encouraqes tarqeted economic development and creates or retains permanent Drivate sector iobs. and is iustified bv the need to provide employment ooportunities and broaden the tax base within the Village of Briarcliff Manor. S 195-2. Short title. This article shall hereafter be known and cited as the "Tax Exemption Reduction Law." S 195-3. Definitions. As used in this article, words shall, unless otheruise expressly stated, be defined as set forth in $+g€- b (ehapter 278 efth RPTL 485b. S 1 95-4. Cond itions for Reduetien-ef-exem ption. TherealpropertytaxexemptionpercentageassetforthinW the taws of 19T6) eft RPTL 4B5b is Il) The subject propertv must be used primarilv for buving, selling. storing. or develooing goods or services, for the manufacture or assemblv of qoods, for processinq raw materials. or for hotel or motel purposes (but not for anv other type of dwelling accommodations for residents or transients). Q) Construction or improvement must beqin after the later of (i) Julv 1, 20201 and (ii) the effective date of this Chapter. (o Completion of the construction or improvement proiect must be demonstrated bv a Certiflcate Commented [PSCU: ls the second sentence needed? Or is that a procedural requirement that should be left to ossining (or local) Assessor? Chapter 195 Article I Business lnvestment Exemption DRAFT For Discussion Purposes Only 3-8-2020 G) Commented [PSC2]: Can be as low as S10,000 by NYs Code (or as high as S50,000). (o The completed propertv imorovements must generate additional real estate tax revenues to the applicable taxinq authorities: G) The subject site must be verified in writinq by the Villaoe of Briarcliff Manor prior to construction, renovation and/or alteration to be Wthin the specific defined oeoqraohic boundaries for said RPTL 485-b real property tax exemption: g) The RPTL 485-b tax exemotion application bv the owner applicant must be in conformance with the requirements of the New York State Real Prooerty Tax Law and be reviewed and approved by the applicable TaxAssessor. G) The RPTL 485-b tax exemption application must be filed by the owner of the subiect propertv with the applicable Assessor between January 1 and March 1 for any vear where the verifiable construction. renovation and/or alteration work has progressed in the prior twelve-month period. €) The applicant owner must meet or otheMise be in comoliance with all New York State. County of Westchester. and Village of Briarcliff Manor zoning requirements and have received all required municipal aoprovals: fl-a) The applicant owner has not received. and will not apply for. anv other real propertv tax exemptions for the subiect site: fi) The apolicant owner has fullv satisfied any outstandinq tax obliqations. and penalty and interest payments related thereto. for all properties within the Village of Briarcliff Manor for which he has such obliqations. S 195-5. Calculation of exemption -the following oercentages of the increase in assessed value resulting from the construction or improvement should be applied: Chapter 195 Article I Business lnvestment Exemption DRAFT For Discussion Purposes Only 3-8-2020 Year of Exemption Percentaqe of Exemotion 1 50 2 45 3 40 4 35 5 30 6 25 7 20 8 15 I 10 10 5 $ 195-6. Qualituins districts. A. Properties qualirying for a percentage of exemption from real property tax shall be limited to those commercial properties whollv located within the followino zonin0 districts within the Villaqe of Briarcliff Manor: 0) CT1 Complementary Use Transition District 1 {A CT2 Comolementarv Use Transition District 2 (O CT3 Complementary Use Transition District 3 t4) CT4 Comolementarv Use Transition District 4 G) CT5 Complementarv Use Transition District 5 G) CB1 Central Business 1 g) CB2 Central Business 2 B. Any non-commercial oroperty or commercial property located in a zoning district other than those listed above shall be excluded from the propertv tax exemotions provided herein. $ 195-7 Repealer. Chapter 195 Article I Business lnvestment Exemptlon DRAFT For Discussion Purposes Only 3.8-2020 $ 195-8 When effective. This Atticle shall take effect immediatelv Uoon filinq in the office of the Secretarv of State of NewYork,