Village of Monticello, NY Article VI Supplementary Regulations

§ 280-15 Motels.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Motels or hotels, where allowable under this chapter, shall conform to the following requirements:

A. No rental structure shall contain less than four rental units.

B. In a commercial or light industrial district, no motel shall be placed closer to a property line in any other district than 25 feet.

C. No automobile parking space shall be located closer to any street or road line than 20 feet nor closer to a side or rear property line in a residential district than 20 feet.

D. Each rental unit shall be supplied with running water and a minimum of sanitary conveniences, including shower and toilet.

§ 280-16 Automobile trailers.

Automobile trailers and trailer parks are regulated within the Village of Monticello. For current provisions, see Chapter 240, Trailers and Trailer Parks, of the Code of the Village of Monticello.

§ 280-17 Bungalow colonies.

A. The maximum number of bungalow dwelling units permitted shall not exceed four per acre of the gross area of the property.

B. The minimum distance between detached bungalows or accessory structures on the property shall be not less than 20 feet.

C. Motor vehicles shall not be parked within a required front yard nor closer than 10 feet to any side or rear property line.

D. Swimming pools shall not be placed in a required front yard nor closer than 20 feet to any side or rear property line.

E. After the effective date of this subsection,[1] no further bungalow colonies shall be built or created in the Village of Monticello, and existing bungalow colonies shall hereafter be nonconforming as to structures and use.

[1] Editor's Note: Subsection E was originally added to § 280-17 by L.L. No. 5-1987, adopted 10-19-1987.

§ 280-18 Gasoline service stations.

Special use permits will be issued for gasoline service stations, provided that the Planning Board finds that the layout, design and landscaping of the station is reasonably in keeping with the character of the neighborhood structures and that the station conforms to the following requirements:

A. Side and rear yards shall not be less than 15 feet in width and, if there is a residence on the adjoining lot, a hedge or tree screen shall be provided.

B. Hydraulic hoists, pits and all lubricating, greasing, automobile washing and other servicing equipment shall be entirely enclosed within a building.

C. The number of service bays in the building shall be limited to a maximum of four.

D. No building structure or area permitted as a gasoline service station shall be used for body or fender work, welding, body alignment, painting, storage or sale of vehicles in running condition or otherwise, outside storage of equipment or waste of any sort nor general major repair work.

E. Off-street parking shall be provided in accordance with the provisions of § 280-23. Off-street parking areas shall comply with side and rear yard regulations. No off-street parking shall be permitted between the pumps and the street line.

F. The entire service area shall be paved. Unpaved areas shall be landscaped and separated from the paved area by a curb or other low barrier. A curb or other low barrier shall be constructed along the street line except at the entrance-exit driveway.

G. Signs. One customary identification sign may be freestanding in addition to the signs permitted elsewhere in this chapter.

H. All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all services to be done on the premises and off the public way. No gasoline pump shall be placed closer to any property line than 25 feet.

I. No gasoline service station shall be located within 500 feet of any other gasoline service station, except that this restriction shall not be applicable in a B-1 Zone.

J. Signs advertising petroleum products.

(1) It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail any gasoline for use in internal-combustion engines in motor vehicles, unless such seller shall post and keep continuously posted on the individual pump or other dispensing device from which such gasoline is sold or offered for sale a sign or placard which shall be maintained in accordance with § 192, Subdivision 5, of the Agriculture and Markets Law.

(2) Any person, firm or corporation which sells or offers for sale at retail any gasoline for use in internal-combustion engines in motor vehicles wherein the individual pump or other dispensing device used in connection with the sale at retail of gasoline contains a face piece which shows the amount of the sale in dollars and cents, tax included, the amount of gallons delivered and the price or prices per gallon, tax included, of said gasoline and which said face piece is not less than seven inches in height and eight inches in width nor larger than 14 inches in width and 20 inches in height shall be deemed to have complied with Subsection J(1) hereof.

§ 280-19 Signs and billboards.

[Amended 9-4-2019 by L.L. No. 6-2019]

A. Purposes.

(1) It is the purpose of this section to establish standards for signs which help people find what they need without difficulty or confusion; to help preserve and, where necessary, improve the appearance of the Village; and to promote public safety by regulating the location, quality, construction and maintenance of signs.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN

Any device, facade, fixture, material, placard or structure that uses any color, form, graphic, picture, illumination, symbol or writing to advertise, announce, declare or identify a purpose or entity or to communicate information of any kind to the public outside of a building, including neon or fluorescent painted building outlines and similar devices.

SIGN HEIGHT

The height of the topmost portion of the sign as measured above the surface of the ground, unless the foundation for such sign shall be positioned below the adjoining road grade, in which case the height shall be measured from the road grade.

SIGN TYPES

(1) BANNER A temporary sign constructed of nondurable materials.

(2) BACKLIT A sign internally illuminated with a translucent face mounted on a building, hung on poles, placed in a window or in a monument-style base.

(3) BILLBOARD A freestanding off-premises sign of more than 50 square feet in surface area.

(4) CANOPY AND AWNING SIGN A sign integrated into a canopy or awning and not extending above the structural wall of the building to which it is attached.

(5) DIRECTORY SIGN A combination, on a single structure, of a ground sign with other smaller uniform signs listing services or businesses on the property.

(6) CONTRACTOR SIGN A sign of a builder, contractor, mechanic, painter or other artisan which is erected and maintained during the period such persons are working on a property and immediately removed when the work is complete.

(7) DIRECTIONAL SIGN See "traffic directional sign."

(8) FACADE The front of a building or part of a building facing a street, parking area, alley or courtyard.

(9) FARM PRODUCTS SIGN A temporary sign advertising the availability of fresh farm products largely produced on premises and displayed only when such products are on sale.

(10) FEATHER FLAG SIGN A freestanding sign constructed from a lightweight, weather-resistant, flexible material and attached to a pole or staff along one edge, set generally vertical and anchored into the soil.

(11) FREESTANDING SIGN A pole sign or ground sign.

(12) GRADE LEVEL Flat or sloping surface, the ground elevation upon which a building is built.

(13) GROUND SIGN A sign separate from any building, rising up from a ground foundation. The entire bottom of a ground sign is generally in contact with or within 12 inches of the ground.

(14) RESIDENTIAL SIGN A permanent sign located in a residential area.

(15) INCIDENTAL SIGN A sign directed only to persons on the lot.

(16) OFFICIAL TRAFFIC SIGN An official sign placed along a highway by a local, county or state government for purposes of public traffic control.

(17) POLE SIGN A sign supported by a pole(s) as a structure.

(18) PORTABLE SIGN A sign not permanently attached to the ground or a structure or designed to be transported, including signs on wheels, A- or T-frames or any other movable device or vehicle.

(19) REPLACEMENT SIGN Replacement of an existing sign with an identical or largely similar object.

(20) ROOF SIGN A sign painted on or attached to a roof or extending by any means, including the use of canopies, porches or artificially heightened walls, above the structural wall of a building.

(21) SANDWICH BOARD SIGN A self-supporting portable sign that can have two faces that are adjoined at the top and displayed at a angle not permanently anchored or secured.

(22) TEMPORARY SIGNS OR BANNERS Nonpermanent signs or banners with duration and dimensions as permitted in the schedule.

(23) TRAFFIC DIRECTIONAL SIGN An informational sign on which is located a simple directive incidental to the main use of a lot and directed only to persons on the lot, such as a "no-parking," "loading area in rear," one-way" or "office this way" sign.

(24) TREE SIGN A sign on a tree fastened with nails or staples and typically made of paper, plastic or a malleable metal.

(25) WALL SIGN A sign painted on or attached flush with a structural wall of a building, including window signs and projecting signs not extending out from the structural wall surface more than 12 inches.

(26) WINDOW SIGN A sign which is attached to a window or door or positioned in such a manner that its sole purpose is to communicate with persons on the outside of a door or window, including any lighting or other borders intended to frame the window or door in such a way as to draw attention to the sign, in which case the entire area enclosed by the lighting or borders shall be considered a wall sign.

SURFACE AREA

The size of any sign, computed by multiplying its greatest length by its greatest height. Sign poles and supports or ground sign foundations which do not bear advertising material or are not in the form of a symbol shall not be included in the computation of surface area. In the case of signs with no definable edges (e.g., raised letters attached to a facade), the surface area shall be that area within the perimeter of a single line enclosing the extreme limits of the advertising material excepting that messages or words separated by six feet or more shall be considered individual sign surface. Each sign surface area may be considered a separate sign for purposes of regulation.

C. Application.

(1) All signs shall comply with the standards provided herein and on the attached Schedule of Sign Regulations.[1]

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(2) An application for a permit to install, replace or relocate a sign shall be made on a form obtained from the Code Enforcement Officer, together with the fee required by the Village Board. Every application shall include elevation and plan drawings to scale with a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, any method of illumination, the graphic design (including symbols, letter, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.

(3) Certain signs, as indicated on the Schedule of Sign Regulations, shall be submitted to the Planning Board, and no permit for such sign shall be granted nor shall such sign be allowed except with the approval of the Planning Board. This shall include any significant change or replacement of sign faces which now exist or are permitted in the future.

(4) All applications not requiring Board approval shall be acted upon by the Code Enforcement Officer within 15 days of receipt. All applications submitted to the Board shall be approved or denied within 62 days after the first meeting at which the application is presented. Failure to act within said period of time shall be deemed approval of application.

D. Design review criteria.

(1) Signs subject to review by the Planning Board shall be approved or disapproved based on the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. Approval shall require consistency with the design criteria listed in this section. The Board may also require modifications in sign features to meet the criteria provided below.

(2) In reviewing sign applications, the Board shall determine that the sign will meet the following criteria:

(a) Signs should be a subordinate and not a principal feature of the landscape as viewed from the street.

(b) Whenever feasible, multiple signs should be combined into one to avoid clutter.

(c) Signs should be as close to the ground as possible, consistent with legibility considerations, and pole signs shall be discouraged in favor of ground signs wherever possible.

(d) A sign's design should be consistent with the architectural character of the building on which it is placed and not cover any architectural features on the building.

(e) The sign should be located so as to not interfere in any way with the clear views required for public safety by highway travelers or pedestrians.

(f) The sign must not present an overhead danger or obstacle to persons below.

(g) The sign should be of good construction quality that is easy to maintain in safe condition and good appearance. The supporting structure should be designed to provide for wind resistance such that the sign is safe and will not deteriorate or collapse after an extended period outdoors.

(h) Sign materials and design should be compatible with the surrounding landscape and readily legible to the persons to whom the sign is intended to communicate. Sign materials shall be durable, weather-proof and resistant to fading.

(i) The sign should not substantially interfere with the views to and from other enterprises or residences.

(j) Freestanding signs other than billboards shall generally require landscaping around the base of the sign.

(3) The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted for signs of 16 square feet or more in size and shall include the size, species, location and spacing of plant materials. Where the proposed sign is to be constructed in conjunction with a new building project, however, landscaping shall be designed as part of the overall site plan.

E. General regulations. The following regulations shall apply to all signs:

(1) All signs shall be removed within 30 days or as otherwise provided for in the Schedule of Sign Regulations table, whichever period is longer, when the reasons for their erection no longer apply.

(2) Signs shall not be permitted on the roof or above the roofline of the building to which they are attached.

(3) No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located.

(4) Signs, other than official traffic signs, that exceed 24 square feet in surface area, shall be set back at least five feet from the side lot line. Signs shall also comply with clear-sight triangle requirements of § 200-2 of the Village Code, and, in all districts except the Core Business District (B-2), signs shall be set back a minimum of 10 feet from the edge of the highway right-of-way.

(5) No sign, except a public sign visible from a public street, shall use any word, phrase, symbol or character that could be interpreted by a motorist as being a public safety warning or traffic sign.

(6) No light shall be permitted that, by reason of intensity, color, location, movement or directions of its beam, may interfere with public safety.

(7) No sign shall be attached to any utility pole or other object not intended for such use, except as defined as a tree or pole sign.

(8) A portable sign shall be considered as any other sign and shall be subject to all regulations contained in this section, including those with respect to placement locations.

(9) No sign shall exceed in height 1/2 its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

(10) Portable sandwich board signs of an A-frame or T-frame design shall not exceed 36 inches in height or width and may be permitted as a temporary or periodic use on the public sidewalks of the Village, provided a permit shall be secured from the Code Enforcement Officer, and placed on the sidewalk so as to avoid interfering with pedestrian or vehicular traffic. Such signs shall be limited to one per building location, shall be removed at least six hours per twenty-four-hour period, and shall be placed level within three feet maximum of the building exterior allowing a minimum walkway of four feet for pedestrian traffic.

F. Master signage plans.

(1) Business and property owners are strongly encouraged to submit master signage plans for their properties, which plans shall specify the location, dimensions, type, design and number of all signs to be erected on the property. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional and shall identify existing signs, signs proposed for installation, anticipated future sign locations, temporary sign locations and the design criteria which shall apply to all signs to be erected on the property. These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants shall comply with the standards therein. A master signage plan may also be submitted for multiple properties, provided they are contiguous.

(2) All master signage plans shall be submitted for approval to the Planning Board which shall, in reviewing and acting upon the plans, be guided by the design review criteria provided above. The Board, in acting upon a master signage plan, may waive any of the standards contained herein relating to numbers or sizes of any signs other than pole signs, billboards and projecting signs, provided it is satisfied the master signage plan will meet the review criteria and the specific purposes of this section. When the Board has approved such a plan, no further permits will be required for any sign which is in compliance with the plan.

G. Other sign requirements. Signs to provide for the normal and safe flow of traffic into and out of the place of business, such as entrance, exit and parking signs, shall be permitted in excess of the limitations provided herein.

H. Temporary signs. Signs for events which occur no more than four times per year may be permitted within all districts without the necessity of obtaining permits but shall be limited to sizes indicated in the Schedule of Sign Regulations and be set back a minimum five feet from property lines, except where mounted on a fence. Also, such signs shall not be hung or attached to trees, utility poles, bridges, or traffic signs. Temporary signs shall not require Planning Board action unless proposed for placement more than four times per year.

I. Illumination. Where permitted, signs shall be illuminated only by a shield light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals.

J. Nonconforming signs. Existing nonconforming signs may be repaired or reconstructed on the same site, but shall not be relocated or increased in size except as provided herein. Any nonconforming sign connected with a change of use, abandoned for sign purposes for more than 90 days, damaged to the extent of 25% or more of the replacement cost value or illegally established shall be immediately removed. In the event such a sign is not removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate civil or criminal actions to prevent the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question. Any other lawful nonconforming sign may be removed and replaced with a sign of equal surface area. Any nonconforming sign that has existed for five or more years shall be presumed to be a legal nonconforming sign. The Village may require any illegal nonconforming sign to be removed prior to issuing a permit for any new or replacement sign on the same property.

K. Sign maintenance.

(1) No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Code Enforcement Officer Also, any sign referencing a location, business, operation, service or product which no longer exists or continues to offer service to the public shall be removed within 30 days of such discontinuance, unless a waiver shall be granted by the Code Enforcement Officer, as the case may be. Any remaining sign frame or holder shall be filled in or supplemented with a solid surface backboard or panel with finish color compatible with the building or structure it's associated with.

(2) In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate civil or criminal actions to remedy the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question.

L. Signs in the B-1 Zone.

(1) In the B-1 Zone, it shall be permitted to erect freestanding signs on premises, not to exceed 50 square feet in surface area on each side and not to exceed a height of 15 feet.

(a) Permitted signs shall be located on the premises at a distance of not less than 30 feet from the property line, or twice the sign height, whichever is greater, provided that such sign may not advertise off-premises activities such as a billboard.

(2) An application for a permit to install or relocate such sign shall require Planning Board approval and a permit from the Code Enforcement Officer.

M. Signs shall meet all requirements of the New York State Uniform Fire Prevention and Building Code, wherever applicable.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 280-20 (Reserved) [1]

[1] Editor's Note: Former § 280-20, Special building setback lines, was repealed 9-4-2019 by L.L. No. 6-2019.

§ 280-21 Minimum size of dwellings.

A. The minimum living space floor area of dwellings erected in any district shall be 768 square feet for a one-family dwelling and 1,500 square feet for a two-family dwelling or a pair of semidetached dwellings.

B. Living space floor area shall be considered to be the area of the one or more main floors of the dwelling, measured from the exteriors of the main walls, not including the floors of an attached garage, breezeway, carport or open porch or the floor of a basement with ceiling less than four feet above the average exterior ground level. Finished or unfinished attic space having fixed, permanent stairway access and an average height of not less than five feet from floor to roof may be included as living space floor area if at least 40% of such area has a height of at least eight feet, similarly measured.

§ 280-22 Frontage on street.

No dwelling for other than seasonal occupancy shall be placed directly in front of or directly behind another dwelling on the same premises and within 200 feet thereof, unless both dwellings have an unobstructed view to and frontage upon a street or other public way. "Directly in front of or directly behind another dwelling" means having more than 1/2 the breadth of the building in such position.

§ 280-23 Required off-street parking or storage space.

A. Off-street automobile parking or vehicle storage space shall be provided as indicated below in relation to any of the listed buildings or uses hereafter erected or established or any addition to an existing building hereafter made in any district, except that no such parking space shall be required in relation to the reconstruction of a building destroyed by fire or other natural cause, provided that such reconstruction is on the same foundation as that of the original building, does not exceed the original building in total floor area and is started within one year from the date of said destruction.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Residential uses.

(a) One- and two-family structures: two spaces per dwelling unit.

(b) Multifamily structures: 1 1/2 spaces for each dwelling containing one habitable room and two spaces for each dwelling containing two or more habitable rooms.

(2) Home occupations.

(a) All such uses other than the office of a physician or dentist: one space per 100 square feet of floor area or portion thereof devoted to such activity.

(b) Office of a physician or dentist: four spaces for each doctor or dentist engaged on the premises, plus one space for each additional employee.

(3) Bungalow colonies and motels: one space for each rental unit.

(4) Hotels and motels: one space for each rental room.

(5) Hospitals: one space for every two beds of planned capacity.

(6) Light industrial uses.

(a) One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.

(b) One space for each 2,000 square feet of floor area devoted to storage or stationary operating equipment.

(c) One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.

(d) Any industrial use: one space for each company vehicle.

(7) Commercial uses.

(a) Retail business or service, bank or post office: one space for each 250 square feet of retail floor area.

(b) Theaters: one space for each 15 seats.

(c) Office, including professional, personal service, public utility or public: one space for each 300 square feet of gross floor area.

(d) Restaurant, bar or nightclub: one space for each 50 square feet of customer floor area.

(e) Taxi stands: one space for each vehicle in regular use.

(f) Bus terminals: one space per employee, calculated at peak employment period.

(g) Lumber sales: one space for each 2,000 square feet of retail floor area. For purposes of this regulation, display storage areas shall be considered to be retail floor area.

(h) Wholesale: one space for each 2,000 square feet of gross floor area.

(i) Automobile service stations: two off-street, on-premises spaces for each service bay, plus one space per employee.

(j) Funeral home: one space for each five seats of auditorium capacity.

(k) Any commercial use: one space for each company vehicle.

B. In the B-2 Zone, spaces in municipal parking lots, where provided, may be credited toward the parking requirements for the nonresidential uses in such zone, provided that:

(1) These spaces are within 300 feet of the uses to be served.

(2) The parking needs of existing facilities, within 300 feet of such facilities and computed on the same basis as for new facilities, are satisfied first, and only excess capacity is credited toward the parking requirements for such uses to be served.

C. Dimensions of off-street automobile parking spaces. Every such space provided in connection with a one- or two-family dwelling shall be at least 10 feet wide and 22 feet long; every other space shall be at least nine feet wide and 18 feet long, and every space shall have direct and usable driveway access to a street or alley, with minimum maneuver area between spaces as follows:

[Amended 9-4-2019 by L.L. No. 6-2019]

(1) Parallel curb parking: five feet end to end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

(2) Thirty-degree angle parking: thirteen-foot aisle width for one-directional flow and twenty-foot aisle width for two-directional flow.

(3) Forty-five-degree angle parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

(4) Sixty-degree angle parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

(5) Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.

D. Combination of uses. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the separate requirements for the various uses.

E. Fractional space. Whenever the computation of parking requirements results in an ultimate fraction of a space, a full space shall be provided.

F. Location of required spaces. In any residential zone, required off-street automobile parking spaces shall be provided to meet the front yard setback of the applicable zone and with at least 20 feet setback for side and rear yard, and in all other zones, such spaces shall be provided on the same lot as the use which they serve. Nothing contained herein shall prevent the normal and customary use of driveways, provided that such use as a driveway shall be considered to meet the requirements for off-street parking.

[Amended 9-4-2016 by L.L. No. 6-2019]

G. Construction of parking areas. Parking areas shall be paved with a year-round surface of asphalt or concrete. The individual spaces shall be visibly marked with paint or other durable material.

§ 280-24 Landscaping.

A. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs, etc., and all such landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Whenever a parking area or automobile service area abuts a residential zone, a six-foot screen, such as a masonry wall, wooden fence, vine-covered chain-link fence or compact evergreen hedge, shall be established and maintained along the zone boundary line.

B. All areas of a lot not occupied by buildings, parking, driveways, turning areas or walkways shall be landscaped attractively with lawn, trees, shrubs or other plant or landscaping material. All landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Dead trees, shrubs or other plant material shall be replaced within the season.

§ 280-25 Swimming pools.

All swimming pools incidental to the residential use of premises and not operated for gain and which are over 30 inches deep shall be subject to the following requirements:

A. The edge of the pool shall be located not less than 10 feet from all property and street lines.

B. Such pool shall be completely surrounded by a fence or wall as regulated by the New York State Uniform Fire Prevention and Building Code.

C. If said pool is located more than 3 1/2 feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate.

D. Pools shall comply with Section 303, Swimming Pools, Spas and Hot Tubs, of the New York State Property Maintenance Code.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 280-26 Required off-street loading and unloading space.

On the same premises with every building or part thereof hereafter erected and occupied for the purpose of manufacturing, storage warehouse, retail store, wholesale store, market, hotel, hospital or other use similarly involving large-volume receipt or distribution of materials or merchandise by motor vehicles, there shall be provided and maintained adequate space for loading and unloading services, so placed and arranged as not to interfere with public use of a sidewalk, street or alley. For this purpose, there shall be provided not less than one such loading space for every 20,000 square feet of building floor area or fraction thereof in excess of 6,000 square feet, used for any of the above-mentioned purposes. Each such space shall be not less than 12 feet by 30 feet and have a height clearance of not less than 14 feet. The above shall apply to the building as a whole and not to individual units thereof when arranged to use loading and unloading space in common.

§ 280-27 Fire stairs.

Nothing herein contained shall prevent the projection of an open fire stairway into a rear or side yard for a distance not exceeding eight feet.

§ 280-28 Excavations. [1]

A. Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or land shall be prohibited. Excavations shall not create objectionable dust or noise or contribute to soil erosion, nor create any noxious or injurious substance or condition or cause public hazard.

B. In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of the building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.

[1] Editor's Note: See also Ch. 139, Excavations, and § 280-40, Clearing, grading, excavating or stripping of land.

§ 280-29 Activity standards.

In any district, the following standards for activities shall apply:

A. No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.

B. No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.

C. There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground, nor any materials of such nature as may contaminate any water supply, including groundwater supply.

D. There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.

E. The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.

§ 280-30 Corner clearance.

For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions higher than three feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed as defined in § 200-2 of the Code of the Village of Monticello.

§ 280-31 Accessory buildings.

An accessory building may be located in any required side or rear yard, provided that:

A. It does not project nearer to the fronting street than the main building.

B. It is set back at least six feet from the side or rear lot line and, if detached, at least 10 feet from the main building.

C. It does not exceed 15 feet in total height and the gross floor area does not exceed 150 square feet.

D. Only one such accessory building shall be permitted in any residential zone without Planning Board approval.

§ 280-32 Permanence of yards and other open spaces.

No spaces applied or necessary under this chapter to satisfy the yard or area requirements in relation to any building now or subsequently built shall be counted as part of a required open space or required area in relation to any other building.

§ 280-33 Height exceptions.

Nothing herein contained shall be interpreted to limit or restrict the height of a church spire, radio or wireless station or antenna, belfry, clock tower, chimney flue, water tank, elevator bulkhead, stage tower, scenery loft or similar structure.

§ 280-34 Multiple dwellings.

The following supplementary regulations shall apply to all multiple-dwelling developments:

A. There shall be provided on the same lot a suitably equipped and landscaped children's play area or areas, which shall constitute not less than 25% of the required usable open space.

B. The maximum building length shall be 160 feet.

C. The minimum distance between principal buildings shall be 25 feet for structures 35 feet or less in height and 50 feet for structures greater than 35 feet in height.

§ 280-35 Public garage and gasoline service station location.

No public garage or gasoline service station or private garage accommodating more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a school, church, theater, hospital, public park, playground or fire station, and said measurement shall be taken as the shortest distance between such entrances: across the street if the entrances are on opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.

§ 280-36 Home occupations.

A. A home occupation is any gainful occupation customarily conducted within a dwelling by its residents, clearly secondary to the use of the dwelling for living purposes and which does not change the character of the structure as a residence. Said activity shall not occupy more than 1/3 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and no display of products shall be visible from the street. Home occupations shall not include the following: clinic or hospital, barbershop or beauty parlor, dancing instruction, band instruction, voice instruction or teaching in groups with more than two students at one time, real estate office, restaurant, animal hospital, dog kennel, retail stores, doctors or dentists treating patients.

B. In any district, nothing in this chapter shall prevent an individual from conducting his profession in his home or residence, as defined in § 280-5 under "home occupation," provided that no more than two persons shall be employed in addition to the owner or tenant of the property; that no other professional shall be permitted to share, let or sublet space for professional use; and that there shall be no external evidence of such use, except for one sign not exceeding two square feet in area and materials and equipment.

§ 280-37 Public utility facilities.

A. Public utility distribution facilities necessary to serve the districts in which they are located shall be uses permitted by right in all districts. Such facilities shall include but not be limited to electric distribution lines, including related equipment, poles, wires, transformers and related appurtenances thereto, telegraph and telephone lines, water distribution mains and gas distribution mains.

B. All other public utility facilities, including but not limited to electric and gas transmission lines and electric substations, shall be permitted in all nonresidential districts only upon obtaining a special use permit therefor in each case from the Planning Board.

§ 280-38 Adult uses.

A. Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics in a community such as ours, which is predominantly residential and dependent on family tourism. Studies and reports in similar cities and towns have documented the negative secondary impacts of adult entertainment establishments. These impacts include exposure of children and teenagers to graphic sexual images, increased crime, diminishing property values, adverse effects upon the climate for other types of commercial activity and negative influences upon community character. Sexually explicit business signs or displays visible from public streets are particularly offensive. The Village Board of Trustees hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are adjacent to residential districts, schools or churches and municipal buildings and uses. Therefore, in order to promote the health, safety and general welfare of the residents of the Village of Monticello, this section is intended to restrict adult uses to certain commercial zones.

B. Definitions.

(1) General. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.

(2) Specific terms. As used in this section, the following terms shall have the meanings indicated.

ADULT BOOKSTORE

An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films, photographs, motion pictures, videocassettes, slides or other visual representations, apparatus and any other viewing materials for sale or viewing on premises, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT ESTABLISHMENT CABARET

A public or private establishment which serves food and/or beverages, which regularly features live performances characterized by an emphasis on specified anatomical areas or specified sexual activities or features topless or nude dances or strippers.

ADULT MATERIALS

Includes, but is not limited to, any literature, books, magazines, pamphlets, newspapers, papers, comic books, drawings, articles, computer or other images, motion pictures, films, photographs, DVDs, videocassettes, slides or other visual representations, mechanical devices, instruments, clothing or any other writings, materials or accessories which are distinguished or characterized by their emphasis on matter depicted, described or related to specified sexual acts or specified anatomical areas as defined herein, or an establishment with a segment or section exclusively devoted to the sale, lease, gift, trade, or display of such materials.

ADULT-ORIENTED BUSINESS

Use of a building, structure or property for a business that had adult materials in a section or segment devoted to such materials or as a substantial or significant portion of its stock-in-trade for the purpose of sale, rental, lease, trade, gift or display of such adult materials. For the purposes of this section, "adult-oriented businesses" shall also mean and include any nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, video store, motel, hotel, or any other establishment that regularly features, for economic gain or other consideration, entertainment in any form which is characterized by nudity or the depiction or display of sexual activities or adult materials.

ADULT THEATER

A public or private establishment regularly featuring one or more of the following: films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. An "adult theater" shall include commercial establishments where such materials or performances are viewed from individual enclosures.

ADULT USE

Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult theaters and adult establishment cabarets.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

DISSEMINATION

The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

PERSON

Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

SPECIFIED ANATOMICAL AREAS

(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.

SPECIFIED SEXUAL ACTIVITIES

(a) Human genitals in state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse or sodomy.

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SUBSTANTIAL CONNECTION

(a) In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

(b) In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place or who shares in the ownership of any of the assets of the partnership business. In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially or owns more than 20% of any class of stock or who operates, controls, or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

(c) Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.

SUBSTANTIAL OR SIGNIFICANT PORTION

Includes a place with only a portion or section or its area set aside for the display or sale to adults of material defined above in this section, except that any place otherwise included within this section that can prove that not more than 10% of its square footage is devoted to the display of or sale of materials listed in the foregoing definitions shall be exempt from the provisions of this section so long as such material is kept out of the reach and visibility of minors.

C. Restrictions. In addition to the general requirements of this chapter, adult uses shall only be permitted subject to the following restrictions:

(1) No adult use or adult-oriented business shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use and within 500 feet of any preexisting residential use.

(2) No adult use or adult-oriented business shall be located within 1,000 feet of a preexisting school, day-care center or place of worship.

(3) No adult use or adult-oriented business shall be located within 500 feet of any municipal building or use.

(4) No adult use or adult-oriented business shall be located within 1,000 feet of another preexisting adult use or adult-oriented business.

(5) No adult use shall be located in any zoning district except the BLI district; such adult use shall at all times be subject to the distance limitations set forth in Subsection C(1), (2), (3) and (4) of this section.

(6) This section shall not apply to any adult use establishments that are operational on the effective date of said section.

D. Observation from public way prohibited. No adult use or adult-oriented business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use or adult-oriented business. This provision shall apply to any display, decoration, sign, show window, screen or other opening. Only one sign shall be permitted, visible from the exterior of a building which is occupied by a regulated use, and such sign shall be no larger in size than six square feet, nor shall such sign consist of any material other than plain lettering. Such sign shall have no photographic or artistic representation whatsoever thereon. The Planning Board shall approve any such sign.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Registration.

(1) No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment or any part thereof which contains an adult use or adult-oriented business without first complying with the provisions of this subsection as set forth below.

(2) In addition to any and all other necessary licenses and permits, no form of adult use or adult-oriented business shall be allowed to operate nor allowed to continue to operate until a certificate of registration is filed with the Village Clerk containing:

(a) The address of the premises.

(b) The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

(c) The name of the business or the establishment subject to the provisions of this section.

(d) The names, business and home addresses and business or home telephone numbers of all owners of the business or establishment subject to the provisions of this section.

(e) The names, business and home addresses and business or home telephone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.

(f) The date of the initiation of the adult use or adult-oriented business.

(g) The exact nature of the adult use or adult-oriented business.

(h) If the premises or the building in which the business containing the adult use or adult-oriented business is located is leased, a copy of the lease with the amount of rent to be redacted;

(i) A copy of the special use permit as approved by the Planning Board and the sign permit as approved by the Planning Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3) If there occurs any change in the information required for the certificate of registration, the Village Clerk shall be notified of such change, in writing, and a new or amended certificate shall be filed within 30 days of such change.

(4) The processing fee for each certificate of registration or amendment thereto shall be set forth from time to time by resolution of the Village Board. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in Subsection F, and the processing fee provided in this subsection shall be an annual charge.

(5) No certificate of registration issued under the provisions of this subsection shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration.

(6) The owner, manager or agent of any adult use or adult-oriented business shall cause a copy of the certificate of registration issued under the provisions of this subsection to be prominently displayed on the premises, building or location for which it is issued.

(7) Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.

(8) It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon or to permit any person to establish an adult use without having in force a certificate of registration complying with this subsection.

(9) Failure to comply with any of the provisions of this section shall be grounds for rejection, suspension or revocation of the certificate of registration.

F. Special use permit.

(1) No use as described in this section shall be established until the issuance of a special use permit by the Planning Board pursuant to Article IV, § 280-12, of this Code. Application for such special use permit shall be in conformity with this chapter and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed, a zoning map showing all uses within 500 feet of the site and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Village of Monticello indicating the general nature of the hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. All property owners within 500 feet of the proposed site shall receive notice from the applicant.

(2) A special use permit must be renewed on an annual basis in conjunction with the certificate of registration, unless otherwise determined by Planning Board waiver or modification.

(3) A special use permit issued under the provisions of this subsection shall not be transferable.

(4) No special use permit shall be issued unless the restrictions set forth in this section are complied with.

(5) Notice requirements of Village Law § 7-725-b and General Municipal Law §§ 239-l, 239-m and 239-nn shall be met.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 280-39 Parabolic dish antennas and similar devices.

In all residential districts, no person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:

A. Any such antenna or device shall be deemed an accessory building, as said term is defined in this chapter, and shall be subject to all regulations set forth elsewhere in this chapter and by the further limitations contained in this section.

B. Any such antenna or device shall be located only in the rear yard of any parcel.

C. The Village Manager of the Village of Monticello is hereby given site plan approval of the location of the antenna or device to be installed or maintained and shall require reasonable screening or other procedures to reduce or eliminate aesthetic damage to the community which may result from said installation or maintenance.

D. No such installation shall be permitted or continued except by permit from the Code Enforcement Officer after site plan approval by the Village Manager.

E. No such antenna or device shall exceed 15 feet at its maximum height, width and depth.

F. No such antenna or device shall be installed on or above any building or structure, but shall be freestanding.

G. Continued maintenance of said antenna or device shall be conditioned on maintaining the screening required by the site plan in an effective condition.

H. Nothing contained in this section shall prohibit the installation of a parabolic dish that is 24 inches or less in diameter, subject to the provisions of Subsection C of this section.

§ 280-39.1 Public communications facilities accessory business communication tower and amateur radio tower.

A. Special use permit requirement for new radio antennas, radio towers, other public communications utility towers, accessory business communication towers and amateur radio towers. The construction or erection of new radio antennas, radio towers, accessory business communication towers and amateur radio towers, and other public communications utility towers and equipment mounted thereon and/or the reconstruction, addition or alteration to existing towers, antennas and equipment mounted thereon used to send, receive and relay wireless communications transmissions shall constitute a special permit use in all zoning districts of the Village and shall be subject to the provisions of § 280-12, Standards for special use permits, except as modified by the provisions of this section, and may be specially permitted on any lot, regardless of whether or not there is an existing use of such lot.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY BUSINESS COMMUNICATIONS TOWERS AND AMATEUR RADIO TOWER FACILITIES

A tower for business or amateur communications transmission or reception structurally mounted on or off an existing or proposed structure.

CO-LOCATION

(1) The placement of a new public communications transmission or reception device on another existing public communications utility tower.

(2) The placement of a new public communications utility tower in the same location to replace an existing tower to support an existing public communications transmission or reception device and/or a new transmission or reception device in addition to a new transmission or reception device.

(3) The placement of a new, additional public communications tower on the same site as a previously existing one.

PUBLIC COMMUNICATIONS UTILITY TOWER

A support structure for antennas having a location on the ground and including any and all accessory equipment, buildings, structures, utilities and access roads supplying commercial personal wireless communications for the public. A public communications utility tower does not include ham radio or citizens band radio antennas.

STRUCTURALLY MOUNTED

The placement of a transmission or reception device on any existing structure or proposed structure other than tower constructed specifically for that purpose.

C. Special use permit; Federal Communications Commission compliance. The applicant requesting a special use permit shall constitute an entity or individual engaged in the supply of commercial, business or amateur communications services to the public, an individual business or group of businesses; or for amateur purposes. Any public utility communications device to be located within the Village shall fully conform to the Federal Communications Commission's current regulations and requirements concerning radio frequency emissions, as the same may be amended from time to time.

D. Special use permit procedure for new public communications facilities.

(1) An applicant shall endeavor to co-locate or structurally mount its facility pursuant to the requirements of this section. In the event that an applicant proposes to construct a new facility, the applicant shall demonstrate to the Planning Board that it has considered the use of existing public communications facilities and other structures within a one-half-mile radius of the proposed new facility, or a smaller radius if the same can be shown to be applicable to the proposed facility. In the event that an applicant is unable to co-locate or structurally mount its facility, notwithstanding the presence of a suitably located existing tower or structure, the applicant shall demonstrate this to the Planning Board. If applicable and deemed necessary, the Planning Board may require a good-faith demonstration that the owner(s) of such structure(s) were contacted and either denied permission for such shared use, failed to respond within a thirty-day time period or that there are other overriding reasons rendering the use of such an existing structure infeasible. In the event that the utility requesting such use has demonstrated that the necessary service cannot be provided by locating such device(s) on existing communications or other existing towers or existing structures in the requested service area, then the location of a new communications device shall be permitted, subject to the requirements of site plan approval and the requirements of this section as follows as well as § 280-12, Standards for special use permits. Business communications towers and amateur radio towers shall be exempt from this requirement.

(2) As to all towers:

(a) Lot size, setbacks and height. The lot size and setback requirements for a new tower and antenna shall be related to the height of said supporting tower only. The lot shall measure not less than the height of said tower in length and width, and all required yard setbacks shall measure the height of the tower, so that in the event that the structure should collapse or fail, no structure or persons on any adjoining properties will be placed at risk. Notwithstanding the foregoing, the Planning Board shall be permitted in its discretion to waive the foregoing setback requirements in the event they are not deemed necessary for safety purposes or for other valid planning purposes for the site proposed. The Planning Board shall also have the power to waive the setback requirements for fences as set forth in Chapter 142, Fences, for public utility communications facilities. No height limitations established in this chapter of the Village of Monticello Code shall apply to special uses approved in accordance with this section.

(b) Visual impacts. All new communications structures shall be sited to create the least practicable adverse visual impact on the surrounding community and on any historic structures and resources. The applicant shall provide visual impact assessment information as shall be required by the Planning Board to evaluate the visual effects of a proposed communications tower/antenna or device with particular attention to the areas of high visual and aesthetic sensitivity. Consideration shall be given to the visual effects of the structure under daytime conditions. Consideration must only be given to nighttime visual impact conditions in the event that the structure is required to be lighted by any applicable governmental regulation.

(c) The applicant for public utility communications facilities shall provide visual impact assessment information to the Planning Board addressing the effects within a three-mile radius of the proposed site. Visual impact assessments shall incorporate photographic studies of colored balloons or an acceptable alternative flown at the proposed site location at the proposed tower height, with photos to be taken at key vantage points from public thoroughfares and publicly accessible properties, and from private properties if permission is granted for access. Notification shall be provided to the Village as far in advance as possible prior to the date on which such studies are to be conducted.

(d) To the extent practicable, reasonable screening shall be provided or existing features retained so as to preserve the views of visually sensitive areas and scenic vantage points, together with other means of minimizing the visual effects of the facility, including an appropriate color choice for the tower, where applicable, to reduce the visual impact of the tower, where such color choice does not conflict with other requirements and regulations. The Planning Board may permit the use of vegetation, either alone or in combination with topography, fences, walls or other features, to achieve sufficient screening of the base of any public communications utility tower from any visually sensitive areas. Where vegetative plantings are proposed for screening purposes, the Planning Board shall require planting and replacement specifications which ensure that the intended effect is achieved and maintained. Siting of such facilities shall, where possible, avoid the need for compliance with FAA lighting requirements. In the event that FAA regulations require lighting, the applicant and the Planning Board shall arrive at the most suitable and least intrusive type of lighting which still meets the FAA requirements. Siting of new facilities shall be done with consideration of the potential ability to co-locate other services on such site, to the extent reasonable and practicable. In determining reasonableness, the Board shall consider the cost of screening in relation to the size and scope of the public utility, commercial business or amateur special use applied for and shall not be used as a pretext to prevent any such use.

(e) Access and parking. The Planning Board shall review the means of access to the public communications utility tower/antenna site and shall consider its sufficiency with regard to relevant factors specific to the needs of the requested facility, including but not limited to width, surfacing, slope, side slopes, drainage and erosion control, access control devices restricting unauthorized entry, as appropriate to the needs of the facility, and any emergency vehicles needed to access the site. Adequate parking and turnaround area shall be provided for the needs of the site. Care shall be taken to minimize the visual impacts of the means of access, parking and turnaround area as seen from areas of high visual sensitivity, and the visual impacts of the same shall be evaluated and, if necessary, mitigated as set forth in this section.

(f) Public safety. The applicant shall demonstrate that the proposed communications utility, business communication or amateur radio, tower/antenna and/or appurtenant device(s) will not pose a threat to public health and safety as a result of falling or blowing ice and/or other debris and that public access to the same has been restricted in order to prevent climbing or other trespass on the structure itself.

(g) Other utility structures, such as storage buildings necessary to the operation of said tower/antenna, may be located on the same lot if such location is related to the operation of said facility, subject to site plan approval by the Planning Board as to color, location, visual screening, access control and/or other applicable site plan review considerations.

(3) As to business and amateur towers:

(a) In the event that the Planning Board shall find that an accessory business communications or amateur radio tower is proposed to be mounted on an existing or proposed structure and to exceed the height of said structure by no more than 30%, and said tower is designed to resemble an architectural feature of the aforementioned structure, then no additional requirements under this section shall apply, except that the applicant shall demonstrate that the structure on which its communications device is to be mounted is structurally sufficient to support the proposed installation if requested by the Planning Board. In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of this section, the applicant shall demonstrate that the lot size is sufficient as to setback and height.

(b) In the event that the Planning Board shall find that an accessory business communications or amateur radio tower is proposed to be located elsewhere on the business site, but is designed, located and mounted in such a way and is of such a height as to resemble another approved site feature such as a parking lot light pole, then no additional requirements under this section shall apply. In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of this section, the applicant shall demonstrate that the lot size is sufficient as to setback and height.

(c) In the event that an accessory business communications or amateur radio tower is proposed which does not meet the requirements of this section, the Planning Board may, if it determines the same is necessary, require a visual impact assessment to evaluate the potential visual impacts of the same. To the extent practicable, reasonable screening shall be provided or existing features retained so as to preserve the views of visually sensitive areas and scenic vantage points and/or other means of minimizing the visual effects of said facility shall be employed, including an appropriate color choice and construction type for the tower, where applicable, to reduce the visual impact of the same, where such color choice and construction type do not conflict with other requirements and regulations. The Planning Board may permit the use of vegetation, either alone or in combination with topography, fences, walls or other features, to achieve sufficient screening of the base of the tower from any visually sensitive areas. Where vegetative plantings are proposed for screening purposes, the Planning Board shall require planting and replacement specifications which ensure that the intended effect is achieved and maintained. Siting of such facilities shall, where possible, avoid the need for compliance with FAA lighting requirements. If the visual impact analysis demonstrates that the proposed location would have a harmful visual impact on areas of extreme visual sensitivity or on adjoining residential properties or districts, then the applicant shall be required to consider alternative locations and installations and their relative visual impacts. Such alternative locations shall include, but not be limited to, alternate mountings and locations on the site itself, co-location on other communications towers or structural mounting on facilities located within a one-half-mile radius of the site, or a smaller radius if the same can be shown to be applicable based on economic feasibility. In the event that an applicant is unable to relocate, co-locate or structurally mount its facility, notwithstanding the presence of a suitably located existing tower or structure, said applicant shall demonstrate a good-faith effort that owners of existing towers or structures within the one-half-mile radius were contacted and either denied permission for such shared use, failed to respond within 30 days of the date of mailing written request, including weekends and holidays, or that there are other overriding reasons rendering the use of such an existing structure infeasible. In the event that the applicant requesting such use has demonstrated that either the necessary service cannot be provided by locating such device(s) on existing communications or other existing business or amateur towers or existing structures in the prescribed one-half-mile radius, or that there is no alternate location on the site available that would avoid the visual impact of the proposed tower, then the installation shall be screened to the maximum extent possible as set forth above.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Special use permit procedure for mounting of public communications facilities. The Village encourages the structural mounting of public communications facilities, recognizing that structural mounting on an existing structure may reduce the potential impacts that may be associated with a proliferation of new support structures in the Village. The Village therefore has established an expedited review procedure for such applications as follows:

(1) The applicant shall demonstrate that the structure on which its communications device is to be mounted is structurally sufficient to support the proposed installation or, in the alternative, can be modified to do so.

(2) The applicant shall demonstrate that the access, parking and other existing site facilities are sufficient to meet its needs or, in the alternative, the same shall be modified to do so. No lot area or setback requirements shall apply to structurally mounted facilities, except for any equipment or buildings installed at grade.

(3) The Planning Board may require a visual impact assessment to evaluate the potential visual impacts of the structurally mounted facility. The Planning Board shall waive any requirements of the Village of Monticello Code, including the public hearing requirement, where it shall determine that the same are not relevant to the review of such structurally mounted facility. Planning Board review of structurally mounted facilities pursuant to this section shall be strictly limited to those elements which are proposed to be changed. The provisions of this section shall supersede the provisions of Village Law § 7-725-b, Subdivision 6, which require a public hearing for special use permits, pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 1(ii)e(3).

(4) The applicant shall demonstrate that the proposed structurally mounted public communications utility device will not pose a threat to public health or safety as a result of falling or blowing ice and/or other debris and that public access has been restricted, consistent with and considering the use of the facility on which the device is proposed to be structurally mounted.

F. Special use permit co-location review. The Village encourages the co-location of public communications facilities, recognizing that co-location at a suitable site reduces the potential impacts that may be associated with a proliferation of such sites across the Village. The Village therefore has established an expedited review procedure for such applications as follows:

(1) The applicant shall demonstrate that the supporting structure is structurally sufficient to provide for an additional facility or, in the alternative, can be modified to do so.

(2) The applicant shall demonstrate that access, parking and other existing site facilities are sufficient to meet its needs or, in the alternative, the same shall be modified to do so.

(3) In the event that a new or a reconstructed or an additional tower or support structure is proposed for the site, the applicant shall demonstrate that the lot size is sufficient pursuant to the safety considerations set forth in Subsection D(2)(a) of this section, in which case no additional lot area or setback requirements shall apply.

(4) In the event that a new or a reconstructed or an additional tower or support structure is proposed for the site, the Planning Board may require a visual impact assessment to evaluate the potential visual impacts of the new or additional element, subject to the guidelines set forth in this section. The Planning Board shall waive any requirements of the Village of Monticello Code, including the public hearing requirement, where it shall determine that the same are not relevant to the review of such co-located facility. Planning Board review of co-located facilities pursuant to this section shall be strictly limited to those elements which are proposed to be changed. The provisions of this section shall supersede the provisions of Village Law § 725-b, Subdivision 6, which require a public hearing for special use permits, pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 1(ii)e(3).

G. Existing facilities. Nothing herein shall be construed as preventing the maintenance and continued operation of any lawfully existing public communications facilities accessory business communication tower and amateur radio tower within the Village, including the utilization of state-of-the-art equipment for the facility in order to maintain its existing level of service consistent with current technology. However, any increases in tower/antenna height or visibility for the purpose of increasing the service area or population shall be considered a new application and shall conform to the location and other requirements set forth in this section.

H. Removal of public communications utility towers. In the event that all the antennas on a public communications utility tower are not in use for a period of not less than one year, the public communications utility tower shall be removed and the site restored to its condition prior to the construction of the public communications utility tower and the related facilities. In the event that the public communications utility tower is not removed as required by this section, then, upon written notice to the applicant securing the approval from the Planning Board for the special permit for the erection of the public communications utility tower, which said written notice shall be mailed to the applicant by registered mail to the applicant's address on the application filed with the Planning Board, or such other address as the applicant may provide to the Planning Board from time to time, the applicant shall remove the public communications utility tower and related facilities and restore the premises to the extent practicable. In the event that the applicant fails to remove the public communications utility tower following notice and demand that the applicant do so, the Village shall then have the right to proceed to secure such relief against the applicant to cause the removal and restoration as the Village may deem appropriate, including but not limited to injunctive relief. The prevailing party in any action brought by the Village against the applicant and such other parties as the Village may deem to be necessary and appropriate shall recover reasonable attorneys' fees and any engineering and other consultants' fees, as well as the costs and disbursements of the action.

§ 280-40 Clearing, grading, excavating or stripping of land.

A. Definitions. As used in this section, the following terms shall have the meanings indicated.

STRIPPING OF LAND

The removal of the vegetation, topsoil, or surface of a parcel or part of a parcel when such part is within 20 feet of the boundary line or exceeds 20% of the surface of the parcel regardless of location on the parcel. "Stripping of land" also includes the covering of the vegetation, topsoil or surface of the parcel with fill whether by mechanical means or not. "Stripping of land" also includes the changing of the contours of the land whether by mechanical means or not.

B. Permits.

(1) Land may not be cleared, graded, excavated or stripped for any purpose without a permit, obtained as herein provided.

(2) Clearing, grading, excavating or stripping of land shall be allowed only by authorization of the Planning Board by a site plan approval or as part and any other governmental agency having jurisdiction.

(3) Applications for clearing, grading, excavating or stripping of land shall be filed with the Planning Board for approval. Upon authorization by the Planning Board, the Code Enforcement Officer shall, upon receipt of the permit fee, issue a permit for such activity.

(4) The permit shall be valid for a period to be determined by the Planning Board in its approval and shall be subject to such conditions and performance guarantees as the Planning Board deems necessary.

(5) Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

(6) Applications for permits for clearing, grading, excavating or stripping of land shall be in writing, signed by the applicant on the application form provided by the Village Clerk in the Planning Board application package.

(7) Each application shall be accompanied by a site plan indicating the information required by Chapter 265, Site Plan Review, of the Code of the Village of Monticello.

C. Requirements and standards.

(1) Any area that has been stripped or covered with fill shall be restored to a suitable grade so as to provide good drainage and no disturbance to adjacent properties. Final grade shall form a smooth transition to surrounding undisturbed land. Final slopes shall not be less than 0.5%; slopes greater than 25% shall be terraced, the vertical steps to be not greater than five feet and stabilized with noneroding material. Ponding areas shall be provided as required to remove silt from runoff before flowing from the property.

(2) Any area that has been stripped or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such stripping or covering.

(3) To insure the compliance of the permittee to the standards of this section, a performance guarantee in a suitable amount may be required.

§ 280-40.1 (Reserved)

§ 280-40.2 Artist lofts in B-1, BLI and B-1-O Districts.

Requirements for arts or crafts studios, art galleries and antique galleries with a floor area greater than 4,000 square feet are as follows:

A. Development standards.

(1) An artist loft may exist on the first floor of the structure, if all of the following conditions are satisfied:

(a) The portion of the loft space primarily intended for residential use does not directly face the street.

(b) The loft shall maintain a commercial appearance from the street, consistent with the retail nature of the surrounding area.

(2) Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.

(3) Each artist loft shall be individually equipped with an enclosed lavatory, water closet, bathtub or shower and appropriate venting.

(4) Each artist loft shall be individually equipped with a kitchen that contains a refrigerator, four-burner stove and oven with a range flood vented to the exterior of the unit. Each unit shall provide a minimum of five feet of countertop, a kitchen sink and a minimum of 10 feet of storage cabinets. Each unit shall be served by a garbage disposal unit.

(5) Each artist loft shall contain a livable floor area of no less than 800 square feet and no greater than 2,000 square feet. The Planning Board, upon review, may waive the aforementioned maximum requirement upon a finding that artwork to be created in said space would require greater square footage for production or that all of said increased square footage is to be used as work space.

(6) No more than 49% of the livable floor area of the artist loft may be primarily intended for residential uses. In no event may said residential area exceed 980 square feet. Direct internal access between living and working areas shall be provided.

(7) Sprinkler systems shall be provided in all common hallways and areas of any building containing an artist loft, if the loft contains only one legal means of egress. Hard-wired smoke detectors with battery backups shall be provided for all units.

B. Other requirements.

(1) All lofts shall comply with New York State Uniform Fire Prevention and Building Code standards for storage of materials.

(2) The artist loft shall be occupied by at least one person who is registered as an artist by one of the following organizations: the Delaware Valley Arts Alliance, Sullivan Performing Arts or other recognized artist organizations.

(3) The artwork that is to be created within the artist loft shall be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located.

(4) No more than two persons per bedroom of residential floor area may reside within an artist loft.

(5) Only five nonresident employees may be employed within an artist loft. This requirement may be waived by the Planning Board for artist lofts that occur on the first floor of a structure that provides retail space on that first floor.

(6) Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft shall include those produced by the artist occupying said artist loft and may be offered with other like items.

(7) Air conditioners and other objects or equipment shall be prohibited from projecting from any window that is visible from the front on a public street and shall be in the back of the building if at all possible. Clotheslines shall be prohibited.

(8) One flush-mounted, nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. Where two or more artist lofts occur within the same building, the signs shall be placed in an orderly fashion in relation to each other.

(9) Work space and accessory residential space shall not be rented separately or used by those people legally residing within the artist loft.

(10) Mixed-use development. Where residential and nonresidential uses are in the same structure, the residential portion of a building shall have separate access.

§ 280-40.3 Assisted living in B-1 Zoning District.

A. Definitions. As used in this section, the following terms shall have the meanings indicated.

ASSISTED LIVING

An entity which provides housing, on-site monitoring and personal care services to five or more adult residents unrelated to the assisted living provider. Such assisted living facility must be licensed in accordance with the provisions of Article 46-B of the New York State Public Health Law and must provide daily food service, twenty-four-hour on-site monitoring, case management services, and the development of an individualized service plan for each resident, including medication and, if needed, skilled nursing. An operator of assisted living shall provide each resident with considerate and respectful care and promote the resident's dignity, autonomy, independence and privacy in the least restrictive and most home-like setting commensurate with the resident's preferences and physical and mental status.

B. Purpose. The Village Board recognizes that there is a community need to provide housing facilities for senior citizens who do not need skilled nursing care but do require support and assistance with their daily living in a monitored, home-like setting. It is the intent of this section to permit development of assisted living facilities for senior citizens, to ensure that such developments provide the basic services and facilities to accommodate residents' needs and to minimize detrimental effects on neighboring properties.

C. Permitted uses. The following uses are permitted within an assisted living housing site, upon approval of a special permit by the Planning Board:

(1) Assisted living units for occupancy by senior citizens, excluding nursing homes, group residences and rooming or boarding houses.

(2) No more than one dwelling unit for occupancy by a project superintendent or site manager and his/her family.

(3) Accessory structures and uses. The following accessory structures and uses are permitted.

(a) Any facilities necessary to meet the proper maintenance, security, storage and utility needs of the development.

(b) Ancillary uses providing services or amenities only for site residents, such as but not limited to recreation rooms, lounges, rehabilitation facilities, exercise rooms and similar facilities.

(c) Personal services, professional offices or commercial uses which are otherwise permitted in the zoning district. Such uses shall only be located on the ground floor of a structure.

D. Development standards. Assisted living facilities shall be subject to the zoning standards set forth on the Schedule of Use, Area and Bulk Regulations[1] as well as other applicable standards of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Editor's Note: The B-1 District Schedule of Use, Area and Bulk Regulations is included as an attachment to this chapter.

E. Procedures. Application for a special permit for assisted living units shall be submitted and reviewed in accordance with the procedures set forth in this chapter.

F. Special use permit. No use as described in this section shall be established until the issuance of a special use permit by the Planning Board pursuant to Article IV, § 280-12, of this Code. Application for such special use permit shall be in conformity with this chapter and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed, a zoning map showing all uses within 500 feet of the site and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Village of Monticello, indicating the general nature of the hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. All property owners within 500 feet of the proposed site shall receive notice from the applicant. Notice requirements of Village Law § 7-725-b and General Municipal Law §§ 239-l, 239-m and 239-nn shall be met.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 280-40.4 (Reserved)

§ 280-40.5 Residential use in B-2 Zoning District.

A. Purpose. The Village Board recognizes that in order for healthy main streets and a vibrant community, encouraging the mixed use of commercial and residential is vital to the downtown core of the Village. New residential development and the rehabilitation of existing structures are encouraged both to meet housing needs and to provide support for the growth of the downtown businesses.

B. Definitions. As used in this section, the following terms shall have the meanings indicated.

DWELLING UNIT

See definition under § 280-5.

C. Permitted uses. The following residential uses are permitted within the B-2 Zone as a permitted use subject to obtaining a building permit and being in compliance with Chapter 202, Rental Permits, of the Village of Monticello Code, as amended, if necessary. To obtain a building permit for residential use, the following conditions must be complied with:

(1) Dwelling units may be a mixture of studios/efficiencies, one-bedroom, and two-bedroom dwelling units on the upper stories of buildings. In no case shall there be apartments with three or more bedrooms.

(2) Accessory structures and uses. The following accessory structures and uses are permitted:

(a) Any facilities necessary to meet the proper maintenance, security, storage and utility needs of the residential uses.

(b) Ancillary uses providing services or amenities only for site residents, such as but not limited to laundry facilities, exercise rooms and similar facilities.

(c) Personal services, professional offices or commercial uses which are otherwise permitted in the zoning district.

D. Development standards. Residential uses shall be subject to the following standards as well as other applicable standards of this chapter:

(1) Types.

(a) Studio/efficiency.

(b) One-bedroom.

(c) Two-bedroom.

(2) No signage or window air-conditioning units, to avoid visual clutter, shall be placed in windows of dwelling units on upper stories as to be visible from street.

(3) In addition to parking otherwise required for permitted uses, not less than one parking space per unit, which may be satisfied by available municipal parking within 300 feet of the lot.

(4) Minimum square footage per dwelling unit shall be 550 square feet for studio, 650 square feet for one-bedroom units; and 750 square feet for two-bedroom units. Dwelling units must include at a minimum cooking facilities, one full bathroom, living area and no more than two bedrooms.

(5) All buildings with dwelling units that are not owner-occupied must be registered with the Village pursuant to Chapter 202, Rental Permits.[1]

[1] Editor's Note: Former Subsection E, regarding an instruction to amend to the Schedule of Use, Area, and Bulk Regulations, and Subsection F, regarding severability, were deleted as part of the 2020 codification.

§ 280-40.6 Approval procedure for site plans and special use permits pursuant to Village Law § 7-725-A(6).

[Added 3-17-2021 by L.L. No. 3-2021]

A. Reservation of parkland on site plans containing residential units.

(1) Before such authorized board may approve a site plan containing residential units, such site plan shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.

(2) Land for park, playground or other recreational purposes may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings 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.

(3) In the event the authorized board makes a finding pursuant to Subsection A(2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the authorized board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.

(4) When said permanent recreational areas are to be required to be shown, the subdivider shall submit to the Planning Board a suitable tracing, at a scale of not less than 30 feet to an inch, indicating:

(a) The boundaries of said recreation area.

(b) Existing physical features, such as brooks, ponds, trees, rock outcrops, structures, etc.

(c) Existing and, if applicable, proposed changes in grades of said area and the land immediately adjacent.

(5) In no event shall the Planning Board require that more than 10% of the gross area of a proposed subdivision be so shown. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall generally be three acres. However, in the case of subdivisions of less than 10 acres, smaller recreation areas may be approved by the Planning Board whenever it deems that the difference between the area shown and three acres may be made up in connection with the subdivision of adjacent land.

(6) In applicable cases, the Planning Board shall require execution and filing of a written agreement between the applicant and the Planning Board regarding costs of grading, development, equipment and maintenance of said recreation areas, as well as the conveyance of whatever rights and title deemed necessary to ensure that said premises will remain open for use by the residents of the Village of Monticello.

(7) For all developments and subdivisions, other than up to a four-lot minor subdivision, if the Planning Board has required the incorporation of recreation facilities by the developer on his site, the parkland fee shall be from $250 to $1,250 per unit or lot, whichever is higher. The Planning Board may reduce the fee to a minimum of $250 per unit or lot, whichever is higher, by reviewing, on a case-by-case basis, the following criteria or any other relevant data to determine the proposed development's overall impact on the Village's recreational facilities:

(a) Population/demographics of proposed development;

(b) Types of recreational facilities proposed for the site, including whether passive or active, and the nature of the facilities proposed;

(c) Number of housing units proposed;

(d) Size/acres of proposed site;

(e) Seasonality of the development's populations, as well as seasonality of the on-site facilities;

(f) Location of proposed development relative to other proposed or existing public recreational facilities.

§ 280-40.7 Approval procedure for subdivision pursuant to New York State Village Law § 7-730(4).

[Added 3-17-2021 by L.L. No. 3-2021]

A. Reservation of parkland on subdivision plats containing residential units.

(1) Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.

(2) Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings 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 subdivision plat will contribute.

(3) In the event the Planning Board makes a finding pursuant to Subsection A(2) of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Village Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.

(4) When said permanent recreational areas are to be required to be shown, the subdivider shall submit to the Planning Board a suitable tracing, at a scale of not less than 30 feet to an inch, indicating:

(a) The boundaries of said recreation area.

(b) Existing physical features, such as brooks, ponds, trees, rock outcrops, structures, etc.

(c) Existing and, if applicable, proposed changes in grades of said area and the land immediately adjacent.

(5) In no event shall the Planning Board require that more than 10% of the gross area of a proposed subdivision be so shown. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall generally be three acres. However, in the case of subdivisions of less than 10 acres, smaller recreation areas may be approved by the Planning Board whenever it deems that the difference between the area shown and three acres may be made up in connection with the subdivision of adjacent land.

(6) In applicable cases, the Planning Board shall require execution and filing of a written agreement between the applicant and the Planning Board regarding costs of grading, development, equipment and maintenance of said recreation areas, as well as the conveyance of whatever rights and title deemed necessary to ensure that said premises will remain open for use by the residents of the Village of Monticello.

(7) For all developments and subdivisions, other than up to a four-lot minor subdivision, if the Planning Board has required the incorporation of recreation facilities by the developer on his site, the parkland fee shall be from $250 to $1,250 per unit or lot, whichever is higher. The Planning Board may reduce the fee to a minimum of $250 per unit or lot, whichever is higher, by reviewing, on a case-by-case basis, the following criteria or any other relevant data to determine the proposed development's overall impact on the Village's recreational facilities:

(a) Population/demographics of proposed development;

(b) Types of recreational facilities proposed for the site, including whether passive or active, and the nature of the facilities proposed;

(c) Number of housing units proposed;

(d) Size/acres of proposed site;

(e) Seasonality of the development's populations, as well as seasonality of the on-site facilities;

(f) Location of proposed development relative to other proposed or existing public recreational facilities.

(8) In either case, the total amount of parkland fees to be paid by the developer shall be delivered to the Town prior to the issuance of any building permits.