A.
No land use shall be established or maintained unless
it complies with the performance standards in this section. Continued
conformance with such standards shall be a requirement for the continuance
of any certificate of occupancy.
(1)
Noise.
(a)
Sound levels shall be determined at the property
line of the lot from which the noise is emitted. Sound measurements
shall be accomplished through the sound-level meter having an A-weighted
filter constructed in accordance with specifications of the American
National Standards Institute.
(b)
The following uses and activities shall be exempt
from these noise regulations:
(c)
No person, firm or corporation shall allow the
emission of sound in air which, as measured at the property lines,
has a sound level in excess of 60 decibels on the A-weighted scale
between the hours of 7:00 a.m. and 8:00 p.m. and in excess of 50 decibels
on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2)
Smoke. The density of smoke and other atmospheric
pollutants shall be measured by the Ringelmann Smoke Chart, as published
by the United States Bureau of Mines. No person, firm or corporation
shall permit the emission of smoke or any other atmospheric pollutant,
from any source whatever, for a period or periods aggregating more
than four minutes in any one hour which exceeds the density or equivalent
opacity of No. 1 on the Ringelmann Chart as measured at the point
of emission. The emission of smoke or any other atmospheric pollutant
shall not be permitted, regardless of quantity, if it is in any way
detrimental to the public health or safety or is a source of damage
to property.
(3)
Particulate matter. No person, firm or corporation
shall permit the emission of any particulate matter, from any source
whatever, to exceed one pound per hour per acre of lot area. The emission
from all sources within any lot area of particulate matter containing
more than 10% of particles having a diameter larger than 44 microns
is prohibited.
(4)
Odor. No person, firm or corporation, excluding farms
and farm operations, shall permit the emission of any offensive odor
at the property line of the lot from which the odor is emitted.
(5)
Fire and explosion. The storage, use or manufacture
of detonable material, flammable solids ranging from active burning
to intense burning flammable gases or flammable liquids shall not
be permitted.
(6)
Electromagnetic interference. No land use or operation
shall be allowed which produces any perceptible electromagnetic interference
with normal radio or television reception outside the boundaries of
the lot on which such use or operation takes place.
(7)
Toxic or noxious matter. No land use or operation
shall be permitted which permits or causes the escape of any toxic
or noxious fumes, gases or other matter outside the building in which
the use is conducted.
(8)
Flammable liquids and hazardous materials. Storage of such materials shall be according to provisions in § 230-41.
(9)
Radiation. No emission or discharge of radioactive
gases, liquids or solids shall be permitted.
(10)
Glare. No person, firm or corporation shall
permit any high-intensity light to cross the boundary line of the
lot on which this light source is situated.
(11)
Vibration. No activity shall cause or create
a steady state or impact vibration discernible at any lot line.
(12)
Liquid or solid wastes. The discharge of any
or all wastes shall be permitted only if in complete accordance with
all standards, laws and regulations of the Dutchess County Department
of Health, New York State Department of Environmental Conservation
or any other regulatory agency having jurisdiction. Facilities for
the storage of solid waste shall be so located and designed as to
be screened from the street or from any adjoining property and so
as to discourage the breeding of rodents or insects.
(13)
Lights. All exterior lighting in connection
with all buildings, signs or other uses shall be directed away from
adjoining streets and properties and shall not cause any objectionable
glare observable from such streets or properties. Hours of lighting
may be limited by the Planning Board in acting on any site development
plan. No use shall produce glare so as to cause illumination beyond
the property on which it is located in excess of 0.5 footcandle.
(14)
Outside storage. Materials, supplies and products
shall not be stored in any front or side yard area nor in any required
yard. All outside storage areas shall be neatly kept, fenced, lighted
and screened from any existing or proposed road or any adjoining residential
district.
(15)
Fences. The Planning Board may require the fencing
or screening, or both, of any hazardous or potentially dangerous conditions
which in the opinion of the Board might cause injury to persons or
damage to property.
(16)
No person, persons, firm, partnership or corporation
shall at any hour of the day or night make mechanical repairs of any
nature or description whatsoever to any motor vehicle while said motor
vehicle is parked or standing on any public street, avenue, road highway
or public parking lot within the Village of Millbrook, except in the
event of an emergency.
B.
In the case of any application for the establishment
of a use subject to the above performance standards, the Planning
Board may require the applicant, at his or her own expense, to provide
such evidence as it deems necessary to determine whether the proposed
use will conform to said standards.
C.
If the Planning Board deems it necessary, expert advice
may be obtained, with the cost of such advice paid for in advance
by the applicant as a condition of further consideration of his or
her application. The report of any expert consultants shall be promptly
furnished to the applicant.
D.
During the course of site plan review, the Planning
Board will determine if the applicant's proposal will conform to the
performance standards.
If, in the judgment of the Zoning Enforcement
Officer or the Village Board, there is a violation of the performance
standards:
A.
The Zoning Enforcement Officer shall give written
notice, by registered or certified mail, to the owner and tenants
of the property upon which the alleged violation occurs, describing
the particulars of the alleged violation and the reasons why it is
believed that there is a violation in fact and shall require an answer
or correction of the alleged violation to the satisfaction of the
Zoning Enforcement Officer within a reasonable time limit set by said
Officer. The notice shall state that, upon request of those to whom
it is directed, technical determinations of the nature and extent
of the violation as alleged will be made and that, if violation as
alleged is found, costs of the determinations will be charged against
those responsible, in addition to such other penalties as may be appropriate
and that, if it is determined that no violation exists, costs of determination
will be borne by the Village.
B.
If, within the time limit set, there is no reply but
the alleged violation is corrected to the satisfaction of the Zoning
Enforcement Officer, he or she shall note "Violation Corrected" on
his or her copy of the notice and shall retain it among the records
of the Officer.
A.
General provisions.
(1)
All structures hereafter erected, enlarged, moved,
created or changed physically or in use and all land uses changed
in intensity or substantially altered shall be provided with the amount
of off-street parking and loading space required by the terms of this
chapter to meet the needs of persons using or occupying such structures
or land.
(2)
The plans for any new building where site plan approval
is required or any expansion of an existing building shall show specifically
the location, size and type of improvements of the off-street parking
and loading space required to comply with this chapter and the means
of access to such space from the public streets or highways.
(3)
In the GB District, a change of use from a retail
use to a business use or from a business use to a retail use may be
made without the necessity of any additional parking requirements
beyond those already in place.
(4)
In all cases other than those in Subsection A(3) above, the parking requirements in this chapter shall apply. In cases where the area available for parking is not adequate for compliance, the Planning Board shall require a per space fee for each space less than the total number required in this chapter as interpreted by the Planning Board. The per space fee and a plan for its use in developing future parking will be determined by resolution of the Village Board.
(5)
Required off-street parking facilities which, after
development, are later dedicated to and accepted by the Village shall
be deemed to continue to serve the uses or structures of which they
were originally provided.
(6)
Storage of commercial vehicles.
(a)
No commercial vehicle of any length shall be
stored outside at any place in the Village on public property.
(b)
No commercial vehicle having an overall length
in excess of 20 feet or an overall height, including roof racks, in
excess of eight feet or an overall width, excluding review mirrors,
in excess of seven feet nor any tractor, tractor-trailer, semitrailer,
commercial tow truck or construction vehicle of any length shall be
stored outside on any private property in a residential district.
(c)
No commercial vehicle having an overall length
in excess of 20 feet or an overall height, including roof racks, in
excess of eight feet or an overall width, excluding review mirrors,
in excess of seven feet nor any tractor, tractor-trailer, semitrailer,
commercial tow truck or construction vehicle of any length shall be
parked on any public or private property in a residential district
unless temporarily in connection with a bona fide commercial service,
sales or delivery visit to such property.
(d)
A commercial vehicle which is not a tractor,
tractor-trailer, semitrailer, commercial tow truck or construction
vehicle, having an overall length of 20 feet or less and an overall
height, including roof racks, of less than eight feet and an overall
width, excluding rear view mirrors, of less than seven feet may be
parked on public property in a residential district and may be parked
or stored outside on private property in a residence district, subject
to the following regulations:
[1]
Only one such vehicle per family may be parked
or stored on any lot containing the dwelling unit of such family.
The foregoing notwithstanding, a maximum of two such vehicles may
be parked or stored on such lot, provided that one of the vehicles
is parked or stored within an enclosed garage or is completely screened
from public view.
[2]
Such vehicle shall only be parked or stored
in a driveway or garage.
[3]
The parking or storage of such vehicle shall
be in full compliance with the off-street parking requirements of
this Zoning Law and shall not preempt the use of space needed for
the off-street parking of other vehicles.
[4]
The parking or storage of such vehicle shall
be in full compliance with the vehicle and traffic regulations of
the Village of Millbrook Code.
[5]
Such vehicle must belong to an owner or occupant
of the premises upon which it is being parked or stored.
(7)
Storage of boats, campers and trailers. Outside storage
of boats, campers and trailers in residential districts shall be restricted
to driveways or rear yards. Boats, campers and trailers in excess
of 20 feet in length shall be no less than five feet from property
lines and shall be screened from public view. Only one boat, camper
or trailer, which must belong to the owner or occupant of the premises
on which it is stored, may be parked or stored on any lot.
B.
Existing structures and use. Structures and land uses
in existence or for which building permits have been approved at the
time of the adoption of this chapter shall not be subject to the parking
or loading space requirements of this chapter, provided that any parking
and loading facilities then existing to serve such structures or uses
shall not, in the future, be reduced except where they exceed such
requirements, in which case they shall not be reduced below such requirements.
Required parking and loading facilities shall, however, be provided
as a condition for the issuance of any building permit for any enlargement
of such structures or uses in the future. The reduction or elimination
of existing parking and loading areas shall not be permitted unless
it is in excess of the requirements.
C.
Location. Required parking and loading spaces shall
be provided upon the same lot as the use or structure to which they
are accessory, except that off-street parking spaces required for
structures or land uses on two or more adjacent lots may be provided
in a single common facility on one or more of said lots, provided
that a legal instrument, satisfactory to the Village, assures the
continued existence of the parking facility to serve said structures
or land uses as long as they may exist. Such agreements shall also
guarantee that, upon the termination of such joint use, each subsequent
use of the premises will provide off-street parking facilities for
its own use in accordance with all requirements of this chapter. Also,
the Planning Board may permit all or part of the required off-street
parking spaces to be located on any lot within 500 feet of the building
if the Planning Board determines it is impractical to provide parking
on the same lot with the building. In no event shall such parking
and loading spaces for a nonresidential use be located in any residence
district. In any residence district, no required off-street parking
shall be developed within the required front yard, nor shall it be
developed within 15 feet of a side or rear lot line.
D.
Size of parking spaces.
(1)
Each parking space shall be at least nine feet wide
and 20 feet long, if unenclosed, and at least 10 feet wide and 20
feet long, if bordered by walls or columns on two or more sides. Where
parking spaces are defined by curbs providing spaces for overhang
of vehicles, such spaces may be reduced in depth to 18 feet. Back-up
and maneuvering aisles between rows of parking spaces shall be at
least 25 feet wide, except where the approving authority approves
a lesser dimension as adequate to serve parking spaces arranged at
less than a ninety-degree angle. The front or rear overhang shall
not encroach on any sidewalk or landscaped areas.
(2)
The Planning Board may consider, in the site plan
approval process and upon the request of the applicant, a reduction
in the size of the parking spaces for up to 15% of the total number
of parking spaces. In no event shall any parking space be less than
eight feet wide and 18 feet long.
E.
Landscaping. Except for parking spaces accessory to
either a one-family or a two-family dwelling, all off-street parking
areas shall be curbed and landscaped with appropriate trees, shrubs
and other plant materials and ground cover, as approved by the Planning
Board. At least one tree with a minimum diameter of two inches at
a height of five feet above ground level shall be provided within
such parking area for each five parking spaces.
(1)
Wherever possible, raised planting islands, at least
six feet in width, shall be provided to guide vehicle movement and
to separate opposing rows of parking spaces so as to provide adequate
space for plant growth, pedestrian circulation and vehicle overhang.
Such raised planting island and the landscaping within them shall
be designed and arranged in such a way as to provide vertical definition
to major traffic circulation aisles, entrances and exits, to channel
internal traffic flow and prevent indiscriminate diagonal movement
of vehicles and to provide relief from the visual monotony and shadeless
expanse of large parking area. Curbs of such islands should be designed
so as to facilitate surface drainage and prevent vehicles from overlapping
sidewalks and damaging landscaping materials and front or rear overhang
shall not encroach on any sidewalk or landscaped areas.
(2)
In all off-street parking areas containing 25 or more
parking spaces, at least 15% of the area within the inside perimeter
of the parking surface of the parking area shall be curbed and landscaped
with appropriate trees, shrubs and other plant materials as determined
necessary by the Planning Board to assure the establishment of a safe,
convenient and attractive parking facility.
(3)
There shall be no obstruction to driver's vision upon
exit onto a public thoroughfare.
(4)
No more than 12 parking spaces shall be allowed in
a row without a minimum six-foot wide planted island.
F.
Grades, drainage, paving and marking. All required
parking facilities shall be graded, surfaced, drained and maintained
throughout the duration of its use to the extent necessary to avoid
nuisances of dust, erosion or excessive water flow across public ways
or adjacent lands. The maximum slope within a parking area shall not
exceed 5%. In multifamily residential developments and in nonresidential
developments, the Planning Board shall require the provision of suitable
markings to indicate individual parking spaces, maneuvering area,
entrances and exits.
G.
Traffic circulation.
(1)
In order to encourage safe and convenient traffic
circulation, the Planning Board may require the interconnection of
parking areas via access drives within and between adjacent lots.
The Planning Board shall require written assurance and/or deed restrictions,
binding the owner and his or her heirs and assignees to permit and
maintain such internal access and circulation and interuse of parking
facilities.
(2)
Adequate access to buildings by use of fire lanes
shall be provided and maintained in all off-street parking and loading
zones.
H.
Waiver of improvement. Where the authority approving
a site plan or special permit application determines that less than
the required number of parking spaces will satisfy the intent of this
chapter, said Board may waive the requirement in part, but not in
excess of 50% of the number required according to this section. In
all cases, it shall be expressly demonstrated on the site plan that
sufficient space remains for the provision of the total amount of
off-street parking required and the site plan shall bear such designation.
All such undeveloped parking space shall be used and maintained as
additional landscaped grounds until required for parking. Written
guaranties shall be submitted by the applicant for the eventual improvement
of any such spaces which may have been waived, and these spaces must
be constructed by the property owner within six months of the date
of written notice to the property owner by the Planning Board that
such spaces have been determined as necessary and must be constructed.
I.
Operation and maintenance of off-street parking facilities.
Required off-street parking facilities shall be maintained as long
as the use of the structure exists which the facilities are designed
to serve. Required parking areas developed for specific structures
and uses shall be reserved at all times to those persons who are employed
at or make use of such structures and land uses, except when dedicated
to and accepted by the Village as public parking areas.
J.
Off-street parking requirements.
(1)
Off-street motor vehicle parking facilities shall
be provided as follows, except as may be modified in other provisions
of this section or where additional parking requirements may be made
as a condition of the issuance of a special permit, in which case
provisions of the appropriate section shall apply:
|
Use
|
Minimum Off-Street Parking
(spaces)
|
|---|---|
|
One- and two-family dwellings
|
2 for each dwelling unit
|
|
Accessory apartments other than in a GB District
|
2 for each apartment, in addition to the 2 required
for the principal dwelling
|
|
Accessory apartments in GB District
|
1 for each unit for the first bedroom of such
unit, and 1 for all additional bedrooms in any such unit
|
|
Multifamily dwellings (may be reduced to 1 1/2
for elderly housing)
|
2 for each dwelling unit
|
|
Home occupations permitted in a residential
district as a home occupation
|
3 in addition to spaces required for the residential
use
|
|
Bed-and-breakfast establishments
|
1 for each guest sleeping room, plus 2 for each
residential unit
|
|
Place of worship, theater, auditorium, athletic
field or other place of assembly
|
1 for each 4 seats or pew spaces or, in places
without seats, 1 for each 100 square feet of floor space used for
public assembly (a pew space shall be 20 inches wide); 1 per 3 theater
seats
|
|
Residential health care facilities, adult homes
and group homes
|
1 for each 3 patient beds, and 1 for each employee,
including medical, nursing and service staff
|
|
Golf and country club
|
1 for each 2 memberships
|
|
Centers of public amusement
|
1 per 100 square feet of floor space used for
public amusement
|
|
Retail or service business
|
1 for each 200 square feet of gross floor area
plus 1 for each employee
|
|
Restaurant and bar
|
1 for each 3 seats or 1 for each 100 square
feet of gross floor area, whichever is greater
|
|
Office for business or professional use (other
than accessory to residential use)
|
1 for each 500 square feet of gross floor area
|
|
Banking office
|
8, plus 1 for each employee, plus 4 additional
for each person in excess of 2 acting as tellers, including waiting
spaces for drive-in window
|
|
Inn
|
1 for each guest sleeping room, plus 1 for every
2 employees
|
|
Funeral home
|
1 per employee, plus 1 per 25 square feet of
gross floor space in assembly rooms
|
|
Motor vehicle sales and service
|
1 per employee, plus 1 per 150 square feet of
gross floor space
|
|
Medical office building and medical office,
including veterinary office
|
1 per 150 square feet of gross floor area
|
|
Warehouse
[Added 7-14-1998 by L.L. No. 1-1998] |
1 per each employee in addition to 1 for each
2,000 square feet, but in no case less than four
|
|
Self-service storage warehouse. For the purpose
of this section only, "parking" shall be defined as the standing of
a vehicle, whether occupied or not, for any purpose other than to
load or off-load cargo to be stored in or removed from a rented storage
unit; "standing" shall be defined as the standing of a vehicle in
order to load or off-load cargo to be stored in or removed from a
rented storage unit.
[Added 7-14-1998 by L.L. No. 1-1998] |
1 per each employee, as well as 1 standing space
for every 3 rental storage units. Standing spaces may be adjacent
and parallel to the perimeter of the storage buildings. If an office
is established on the site which will be staffed by 1 or more employees,
2 additional parking spaces will be required in excess of the number
required for employees on site.
|
(2)
Reasonable and appropriate off-street parking requirements
for structures and land uses which do not fall within the categories
listed above shall be determined in each case by the Planning Board,
which shall consider all factors entering into the parking needs of
each such use, as part of its site plan review process.
(3)
Where two or more different uses occur on a single
lot, the total amount of parking facilities to be provided shall be
the sum of the requirements for each individual use on the lot, except
that the Planning Board may approve the joint use of parking space
by two or more establishments on the same or on contiguous lots, the
total capacity of which space is less than the sum of the spaces required
for each, provided that said Board finds that the capacity to be provided
will substantially meet the intent of the requirements by reason of
variation in the probable time of maximum use by patrons or employees
among such establishments and provided that such approval of such
joint use shall be automatically terminated upon the termination of
the operation of any such establishments.
K.
Off-street loading requirements. Off-street loading
and unloading facilities shall be located on the same site with the
use to be served and shall be provided as follows:
(1)
Size. Each off-street loading space shall be at least
15 feet in width, at least 40 feet in length and at least 14 feet
in height, exclusive of access and turning areas, except that adjacent
loading spaces may be each 12 feet in width, except where delivery
service will be by tractor trailer, in which case the minimum length
shall be 60 feet and the minimum width shall be 14 feet.
(2)
Required number of spaces. The number of spaces shall
be determined on a case-by-case basis.
(3)
Any loading dock facing a road frontage shall be sufficiently
far back from the road to permit the largest permitted tractor trailer
to maneuver into said loading dock without encroaching on the required
front yard. Any such dock shall be screened so it is not visible from
the road.
(4)
The Planning Board may waive certain loading requirements,
provided that there is a finding that the intent of this chapter can
be otherwise maintained
L.
Driveways.
(1)
For reasons of traffic and pedestrian safety, both
on and off the street, as well as to provide for possible future road
widening or other improvements, all new driveways and sidewalk crossings
entering onto any street shall comply with all requirements of this
chapter and shall be subject to the approval of the Village Board,
except where such are part of a use subject to special permit or site
development plan approval, in which case, they shall be subject to
Planning Board approval.
(2)
No driveway center line shall intersect a street line
less than 70 feet from the intersection of any two street lines.
(3)
Driveway grades.
(a)
The maximum grade for any new driveway accessory
to a single-family dwelling and connecting its off-street parking
area to a street shall be 10%, except that where it can be demonstrated
to the satisfaction of the approving authority that, because of practical
difficulty or unreasonable hardship affecting a particular property,
the construction of a driveway shall be permitted, provided that the
increase in driveway grade is the minimum increase required, and further
provided that in no case shall such driveway grade be permitted to
exceed 15%.
(b)
The maximum grade for new driveways accessory
to uses other than single-family dwellings and connecting the required
off-street parking area to the street shall not exceed 7%, except
that the approving authority shall have the same power to permit increased
grades here as above, provided that such grades shall in no case exceed
10%.
(c)
Notwithstanding the maximum permitted grades
specified above, no driveway serving a use other than a single-family
dwelling shall have a grade in excess of 3% within 50 feet of the
center line of the traveled way of the street, or within 25 feet of
the property line of the street, whichever distance is greater. The
Planning Board may require increased platform areas of this type in
situations where, because of the nature of the proposed use, substantial
traffic volumes are anticipated.
(d)
Clear visibility shall be provided in both directions
at all exit points so that the driver of an automobile stopped on
the platform portion of any new driveway will have an unobstructed
view of the highway for a reasonable distance (commensurate with the
speed and volume of traffic on such highway) and so that there is
a similar view of the automobile in the driveway.
A.
The provisions of this section shall apply to residential
multifamily complexes and all uses in the following districts: general
business, residential multifamily, residential transitional and residential
mixed use. Lands which are not used for buildings, structures, off-street
parking and loading areas, driveways or similar uses shall be landscaped
in accordance with the standards of this section. A complete plan
and schedule of existing and proposed landscaping shall be included
with the site plan and/or special permit application. This plan should
detail the number, location, size and name of each plant species,
which shall be approved by the Planning Board. The minimum standards
and requirements for landscape areas shall be:
(1)
Trees and shrubs, where included in the landscape
design, shall be healthy, adaptable to this climate and of such size
and species to accomplish the landscape design intended and approved.
(2)
All landscape material located within the sight-distance
triangle shall be three feet or less in height or have a clearance
of at least eight feet beneath the lowest branch or projection.
(3)
No permanent impervious surfacing or subsurfacing
shall be located around the base of any tree or shrub which may impede
the growth of the tree or shrub.
B.
In connection with the review of any site plan or
special permit application for a multifamily or nonresidential use
abutting or directly across a local street from any property in a
residence district, a buffer strip of landscaping shall be required
along all such property lines. Such buffer strip shall comply with
at least the following minimum standards:
(1)
It shall be of evergreen planting of such type, height,
spacing and arrangement as will effectively screen the activity of
the lot from the neighboring residential area. Nonevergreen planting
may be included to supplement evergreen planting, but not to take
its place.
(2)
It shall be at least 20 feet in width.
(3)
A wall or fence of approved location, height, design
and materials may be substituted for part of the required buffer area.
(4)
Where the existing topography and/or landscaping provides
adequate screening, the Planning Board may modify the planting and/or
buffer area requirements.
C.
All shrubs and trees shall be protected from possible
damage inflicted by vehicles using the parking area or access drives
by means of a raised curb placed at the edge of the pavement or other
methods as approved by the Planning Board.
D.
Unique natural areas and open spaces, such as streams,
ponds, marshes, steeply sloped areas and woodlands, shall be preserved.
E.
Refuse storage. All outside trash receptacles, except
those intended for use by customers, shall be so designed and constructed
as to allow no view of the trash storage from the street and shall
be located within an enclosed structure and shall be provided with
opaque gates of the same height. The height of the enclosure shall
be at least as high as the trash receptacles.
F.
All plantings shown on an approved site development
plan or special permit plan shall be maintained in a vigorous growing
condition, and plants not so maintained shall be replaced with new
plants at the beginning of the next immediately following growing
season.
G.
Lighting. Exterior lighting proposed for use on the
site shall be planned, erected and maintained so the light is confined
to the property and will not cast direct light or glare upon adjacent
properties or public rights-of-way. The light source shall not be
higher than 20 feet and shall not be visible from adjacent properties
or public rights-of-way.
A.
Purposes. Streambanks, floodplains, aquifer recharge areas and wetlands are part of the natural drainage system of Millbrook. These resources protect the long term economic and environmental well-being of Village residents. The conditions set forth in Subsection B are land conservation measures, applicable to all districts.
B.
Conditions.
(1)
The flood hazard areas depicted on the Official Zoning
Map shall not be filled or built upon to the extent that such activity
would unduly affect the efficiency or capacity of the floodway.
(2)
No septic field shall be located closer than 100 feet
to a wetland or stream as depicted on the Official Zoning Map.
(3)
A fifty-foot building setback from the mean high-water
mark shall be maintained from all water bodies as depicted on the
Official Zoning Map.
(4)
Building densities on aquifers mapped on the Official
Zoning Map shall be limited according to the capacity of the soil
to receive on-site waste disposal, unless public water and sewer facilities
are provided.
A.
Intent. It is the intent of this section to preserve
those historic and natural features which enriched the quality of
life for the inhabitants of the Village of Millbrook now and in the
future.
B.
Criteria of determination. Historic and special areas
are presented in Figure VIII-1 of the Village Master Plan.[1] They contain historic and natural elements of significant
interest and their integrity should be protected from any harmful
influence from development.
[1]
Editor's Note: The Master Plan is on file
in the Village offices.
C.
Procedure.
(1)
The applicant is expected to recognize historic resources
and special features as they pertain to a specific development request.
(2)
The Planning Board may require a professionally written
statement from the applicant if there is an issue over how and to
what extent historic and special features must be protected.
D.
Standards.
(1)
Every effort must be made to protect designated viewsheds.
Buildings should be located so that prime views from public vantage
points are maintained.
(2)
Development in close proximity to designated historic
resources and special features should be compatible, to the extent
possible, with the architecture and the setting.
(3)
Essential architectural elements should be protected
in buildings and special features that are designated in the Village
Master Plan.
[Amended 1-14-2020 by L.L. No. 1-2020]
A.
Purpose. The purpose of these sign regulations is to:
(1)
Promote and protect the public health, safety, and welfare by regulating
existing and proposed signs.
(2)
Maintain and enhance the aesthetic environment and the Village's
ability to attract businesses and residents.
(3)
Enhance and protect the physical appearance of the community.
(4)
Reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents.
(5)
Promote attractive signs which present their message clearly and
concisely.
B.
A-FRAME SIGN
ACCESSORY SIGN
ANIMATED SIGN
AWNING
AWNING SIGN
BANNER SIGN
BILLBOARD
BUSINESS DIRECTORY SIGN
CANOPY
CANOPY SIGN
FLAG
FLAG SIGN
FREESTANDING SIGN
GOVERNMENT SIGN
INFLATABLE SIGN
INTERNALLY ILLUMINATED SIGN
LAWN SIGN
MARQUEE
MARQUEE SIGN
OFF-PREMISES SIGN
PERMANENT SIGN
POP-UP SHOP
POP-UP SHOP SIGN
PORTABLE SIGN
PROJECTING SIGN
ROOFTOP SIGN
SIGN
(1)
(2)
(3)
(4)
STOREFRONT
STOREFRONT BUSINESS
SUSPENDED SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A sign consisting of two sign faces placed together at an angle to form an "A" shape structure which tapers from a wide base to a narrow top, and whose message is targeted to pedestrians. An A-frame sign is not considered a portable sign for the purposes of this § 230-20.
A nonadvertising sign that is clearly incidental to the nonresidential
use.
A sign with action, motion, or light or color changes through
electrical or mechanical means.
A cloth, plastic, or other nonstructural covering that projects
from a wall for the purpose of shielding a doorway or window. An awning
is either permanently attached to a building or can be raised or retracted
to a position against the building when not in use.
Any sign painted on, or applied to, an awning.
A temporary sign made of cloth, bunting, plastic, paper,
or similar nonrigid material attached to any structure, staff, pole,
rope, wire, or framing which is anchored on two or more edges or at
all four corners. Banners are temporary in nature and do not include
flags.
An off-premises sign, which is leased or rented for profit.
A sign used by one or more nonresidential uses located within
the same building, only in the General Business District, and not
applicable to storefront businesses.
A structure other than an awning, made of fabric or other
similar material, that is supported by columns or posts affixed to
the ground and may also be connected to a building.
Any sign that is part of, or attached to, a canopy.
Flags of the United States, the state, the city, foreign
nations having diplomatic relations with the United States and any
other flag adopted or sanctioned by an elected legislative body of
competent jurisdiction, provided that such a flag shall not exceed
30 square feet in area and shall not be flown from a pole the top
of which is no more than 25 feet in height. These flags must be flown
in accordance with protocol established by the Congress of the United
States for the stars and stripes. Any flag not meeting any one or
more of these conditions shall be considered a flag sign and shall
be subject to regulation as such.
Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners. A flag shall not be considered a flag sign for the purposes of this § 230-20.
A sign supported by structures or supports that are placed
on, or anchored in, the ground; and that is independent and detached
from any building or other structure.
A sign that is constructed, placed or maintained by the federal,
state or local government or a sign that is required to be constructed,
placed or maintained by the federal, state or local government either
directly or to enforce a property owner's rights.
A sign that maintains shape through air pressure, which may
be of various shapes, made of flexible fabric, resting on the ground
or structure, and may or may not be equipped with a blower.
A sign which contains transparent or translucent materials
as an exterior surface, and which contains a light source within its
body, or which is capable of being illuminated by a light source within
its body. Internally illuminated signs include but are not limited
to:
A temporary sign made of lightweight materials such as cardboard
or vinyl that is supported by a frame, pole, or other support structure
placed directly in the ground without foundation or other anchor.
A permanent structure, other than a roof or canopy, attached
to, supported by, and projecting from a building and providing protection
from the elements. This structure is typically associated with theaters.
Any sign that is part of, or attached to, a marquee.
An outdoor sign containing a commercial message which promotes
a business, products, services, or activities located, conducted,
sold, or offered somewhere other than upon the same lot upon which
the sign is located.
A sign attached or affixed to a building, window, or structure,
or to the ground in a manner that enables the sign to resist environmental
loads, such as wind, and that precludes ready removal or movement
of the sign and whose intended use appears to be indefinite.
A temporary storefront space occupied by a merchant who sells
goods predominantly on-line.
A temporary sign associated with a temporary retail use,
or "pop-up shop."
A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure. This includes a sign affixed to a vehicle or trailer in such a manner that the carrying of the sign is no longer incidental to the vehicle or trailer's purpose, but becomes its primary purpose. A-frame signs and flag signs are not considered portable signs for the purposes of this § 230-20.
A building-mounted, double-sided sign with the two faces
situated perpendicular to the building wall, not to include signs
located on a canopy or awning.
A sign that is mounted above the cornice line, or over or
on the roof or parapet of a building.
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such manner, whether indoors or out-of-doors,
that it provides visual communication to the general public out-of-doors,
but not including the following:
Government signs.
The flag or insignia of any government or governmental agency.
The flag of any civic, political, charitable, religious, fraternal
or similar organization, which is hung on a flagpole or mast.
Religious or other seasonal holiday decorations which do not
contain commercial lettering, wording, designs, symbols or other devices.
The portion of the exterior facade of a building located
in the General Business District which contains a ground floor nonresidential
use visible from a street, sidewalk, or other pedestrian way accessible
to the public and contains the primary entrance to the nonresidential
establishment.
A ground floor nonresidential use located in a storefront.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
A building-mounted sign which is either attached to, displayed
on, or painted on an exterior wall in a manner parallel with the wall
surface.
Any sign that is applied, painted, or affixed to a window,
or placed inside a window within two feet of the glass and clearly
meant to communicate with viewers outside the building. Customary
displays of saleable merchandise behind a store window are not considered
window signs.
C.
Permanent signs within the General Business ("GB") District. All permanent signs shall require review and approval by the Code Enforcement Officer or Planning Board pursuant to Subsection L(3) of this section, and the issuance of a sign permit by the Code Enforcement Officer.
(2)
The following sign types are permitted in the GB District. One or more of the following signs are permitted, but in no event shall the combined sign area of all permanent signs exceed the maximum permitted sign area as set forth in Subsection C(1) above.
(a)
Accessory sign. No more than two accessory signs shall be permitted
per storefront business, the sign area of which shall not exceed four
square feet per sign, but the combined sign area of both signs shall
not exceed six square feet.
(b)
Awning sign. No more than three awning signs per storefront
business, the sign area of which shall not exceed 50% of the panel
of the awning on which it is placed. The sign may be located on the
front or side panel(s) of the awning, but not on the sloped surfaces.
(c)
Business directory sign. No more than one business directory
sign per building, containing no more than one listing per nonresidential
use not located in the storefront. The overall area of the directory
sign shall not exceed eight square feet, and the dimensions of each
listing shall not exceed three inches tall by 20 inches wide. Sign
type shall be only projecting, wall, or window. Sign must be located
in proximity to the common exterior entry door for the represented
uses, and shall not be displayed in an area associated with the storefront.
(d)
Canopy sign. No more than one canopy sign per storefront business,
the sign area of which shall not exceed 50% of the vertical surface
of the canopy. The sign may be located on the vertical portions of
the canopy, but not on any slope. No canopy shall extend into the
public right-of-way.
(e)
Freestanding sign. No more than one freestanding sign per lot
shall be permitted, and only on lots where the building is set back
a minimum of 10 feet from the curb or edge of the road where no curb
exists. Sign area shall not exceed six square feet. The sign height
shall not exceed six feet above the ground level measured from the
base of the sign. Where two or more businesses on a lot share a freestanding
sign, the total sign area shall not exceed three square feet per business
up to a maximum of six square feet per lot.
(f)
Projecting sign. No more than one projecting sign shall be permitted
per storefront business, the sign area of which shall not exceed six
square feet. The base of the sign shall be located a minimum of seven
feet above grade, and the top of the sign may not extend above the
cornice line for single-story buildings, or the bottom sill of the
second-story window for multistory buildings.
(g)
Suspended sign. No more than one suspended sign shall be permitted
per storefront business, the sign area of which shall not exceed four
square feet. The base of the sign shall be located a minimum of seven
feet above grade.
(h)
Wall sign. No more than one wall sign shall be permitted per
business. Where the sign is placed on a building containing space
for a single storefront business, the sign area shall not exceed eight
square feet. For buildings with more than one storefront business,
sign area shall not exceed six square feet per storefront business.
The thickness of any wall sign shall not extend more than six inches
from the face of the wall to which it is attached, nor beyond or above
the building in any direction.
(i)
Window sign. Window signs are permitted in ground-floor windows
only, the coverage of which shall not exceed 30% of the total area
of the window in which the sign is located.
D.
Permanent signs in all districts except the GB District. All permanent signs shall require review and approval by the Code Enforcement Officer or Planning Board pursuant to Subsection L(3) of this section, and the issuance of a sign permit by the Code Enforcement Officer.
(1)
Permitted sign area. The maximum total permanent sign area shall
be eight square feet per lot.
(2)
One or more of the following signs are permitted, but in no event shall the combined sign area of all permanent signs exceed the maximum permitted sign area as set forth in Subsection D(1) above.
(a)
Accessory sign. No more than one accessory sign shall be permitted
per nonresidential use per lot, the sign area of which shall not exceed
two square feet.
(b)
Freestanding sign. No more than one freestanding sign shall
be permitted per lot, the sign area of which shall not exceed six
square feet. The sign height shall not exceed six feet above the ground
level measured from the base of the sign. Where two or more businesses
on a lot share a freestanding sign, the total sign area shall not
exceed three square feet per business up to a maximum of six square
feet per lot.
(c)
Projecting sign. No more than one projecting sign shall be permitted
per lot, the sign area of which shall not exceed six square feet.
The base of the sign shall be located a minimum of seven feet above
grade, and the top of the sign may not extend above the cornice line
for single-story buildings, or the bottom sill of the second story
window for multistory buildings.
(d)
Wall sign. No more than one wall sign shall be permitted per
lot, the sign area of which shall not exceed eight square feet. The
thickness of any wall sign shall not extend more than six inches from
the face of the wall to which it is attached, nor beyond or above
the building in any direction.
(e)
Window sign. Window signs are permitted in ground-floor windows
only, the coverage of which shall not exceed 30% of the total area
of the window in which the sign is located.
E.
Temporary signs. In addition to permanent signs, the following temporary
signs are also permitted in all zoning districts. Temporary signs
shall require a sign permit issued by the Code Enforcement Officer,
unless specifically exempted below. Storefront businesses shall have
no more than three categories of temporary signs at any time. A nonstorefront
business or a home occupation may only have one category of temporary
sign at any time. Any temporary sign posted in violation of this chapter
may be disposed of by the Village of Millbrook.
(1)
A-frame sign. No more than one A-frame sign shall be permitted per
storefront business, the sign area of which shall not exceed six square
feet per face. Sign may only be displayed during hours of operation
and shall be stored indoors at all other times. Sign must be placed
within proximity of the business displaying the sign, and shall not
impede pedestrian or vehicular traffic.
(2)
Flag sign. No more than one flag sign per storefront business in
the GB District, or one flag sign per lot in all other districts,
shall be permitted, the sign area of which shall not exceed 24 square
feet. The flag sign may only be displayed during hours of operation
and shall be stored indoors at all other times. Sign shall not impede
pedestrian traffic. No permit shall be required for such a sign.
(3)
Pop-up shop sign. No more than one pop-up shop sign per temporary
retail use shall be permitted, the sign area of which shall not exceed
six square feet. Sign type shall be only A-frame, flag or window.
Sign shall not be displayed for more than six consecutive months,
nor after the temporary retail use has ceased operation, whichever
is less.
(4)
For a storefront business whose primary product is the sale or leasing
of real property, up to 12 square feet of the window area may be used
for the display of temporary window signs. These temporary window
signs shall not be illuminated.
(5)
Temporary signs in the General Business District, including but not
limited to window signs, pertaining to on-site activities which have
a duration of 30 calendar days or less shall not be subject to the
issuance of a permit by the Code Enforcement Officer, but such signs
shall require the filing of a temporary sign application form with
the Code Enforcement Officer for his approval, showing conformity
to this Code provision, including the dates of installation and removal
of the signs. All such signs may not exceed eight square feet in total
cumulative sign area and must also conform to the provisions of this
chapter with respect to placement and professional quality. Such temporary
signs shall be allowed no more than twice per calendar year, per business.
(6)
One sign not exceeding four square feet in area for a single lot,
or 16 square feet in area for a real estate subdivision, and set back
at least 15 feet from the street upon which the property is located
during the period that a property is being offered for sale or lease.
Such a sign shall not be displayed for more than 10 days after the
property is sold or let. No permit shall be required for such a sign.
(7)
Not more than two temporary signs on a property that is under construction
for each street frontage of the lot, not exceeding a combined sign
area of four square feet, shall be permitted during the course of
construction only. No permit shall be required for such a sign.
F.
Special event signs. Temporary signs, such as lawn or banner signs, totaling not more than 12 square feet of combined sign area, with no single sign being larger than six square feet and displayed only during election campaigns, drives or other special events, not covered under § 230-20E, Temporary signs, shall be allowed per business or residence. Special event signs shall be allowed in any zoning district and must be removed within five calendar days after the completion of the event for which the signs were installed. Any special event sign not removed within five calendar days after completion of the event for which they were installed may be disposed of by the Village of Millbrook. Furthermore, signs may not be installed earlier than 45 days prior to the first date of the special event, drive or election being publicized. No permit shall be required for such signs.
G.
General regulations for all districts.
(1)
Signs are permitted only as an accessory to a permitted use on a
lot.
(2)
Illumination. Lighting for all illuminated signs shall be external
only, shielded, downlit, and of constant intensity. Lighting shall
not direct glare onto any adjacent lot or towards motorists. No sign
shall be illuminated by or contain flashing, intermittent or moving
light or lights. Temporary signs shall not be illuminated.
(3)
General design principles and criteria. In reviewing sign applications, the Code Enforcement Officer or Planning Board shall determine that the sign will uphold and meet the following design principles and criteria, and shall have the authority to suggest alterations in design that would implement the intentions of this § 230-20:
(a)
Signs shall be a subordinate part of the landscape.
(b)
Signs shall convey their messages clearly and simply.
(c)
Signs shall be designed in such a way as to conform to and be
in harmony with the characteristics of the surrounding neighborhood.
(d)
No sign shall create a hazard for vehicles or pedestrians, and
all signs must be constructed so that drivers' lines of vision are
not obstructed in any way.
(e)
Light lettering on a dark background is preferred.
(f)
To ensure legibility, a minimum number of words/symbols should
be used to communicate the message. A maximum of seven words is preferred.
Any symbol, logo, phone number, website, or street number is considered
a word.
(g)
No sign shall have more than two sides.
(h)
Unless indicated otherwise, no sign shall extend more than 10
feet above ground level at the base of the sign, nor extend above
the facade of the building to which it is attached.
(i)
No attached sign may extend more than four feet over the street
right-of-way/property line.
(4)
Computations. The following principles shall control the computation
of sign measurements.
(a)
Sign measurement shall be based upon the entire area of the
sign, with a single rectangular perimeter enclosing the extreme limits
of the actual sign surface.
 |
(b)
For a sign fixed to a building, the area shall be considered
to include all lettering and accompanying designs or symbols, together
with any background of a color different from the natural color of
the finish material of the building upon which the sign is located.
 |
(c)
For a sign consisting of individual letters or symbols on a
surface, canopy, awning, building, wall or window, the area shall
be considered to be that of the smallest rectangle which encompasses
all of the letters and symbols.
 |
(d)
Essential supporting framework (brackets, posts, standards)
shall not be included in sign area calculations, provided it does
not contain any lettering, wording, symbol or artwork.
 |
(e)
For signs with two faces or sides, the area shall be taken as
the area of either face, provided that the faces are identical and
back-to-back.
I.
Nonconforming signs.
(1)
Except as otherwise provided in this section, a lawfully permitted
sign existing at the time of the adoption of this chapter shall be
allowed to remain even though such sign does not conform to the standards
specified in this chapter for the zone in which such sign is located.
(2)
Other than sign maintenance, no nonconforming sign shall be reconstructed,
remodeled, relocated, altered or changed in size, height, setback
or content to show a new trade name, different words, letters or numbers,
new design, different colors or different logo, unless such action
will make the sign conforming in all respects. A sign that is to be
reconstructed, remodeled, relocated, altered or changed according
to this section so that it will be conforming in all respects requires
a sign permit from the Code Enforcement Officer.
(3)
Nothing in this chapter shall be deemed to prevent keeping in good
repair a nonconforming sign, including sign maintenance, repainting
and replacement of broken or deteriorated parts of the sign itself.
Supporting structures for nonconforming signs shall not be replaced,
unless such replacement will make the sign and sign structure conforming
in all respects.
(4)
A nonconforming sign or sign structure which is destroyed or significantly
damaged may not be replaced except with a conforming sign. A sign
permit is required for any replacement sign.
J.
Waiver. An owner of an existing approved and conforming sign who
wishes to alter the content while maintaining the existing dimensions,
height, lighting, color and texture of the sign may request a waiver
from the sign permit approval process from the Code Enforcement Officer.
A scaled graphic depiction, in color, showing the new sign must be
filed with the Village prior to installation of the new sign.
K.
Permit required.
(1)
Unless specified otherwise herein, a sign may be placed, erected,
constructed, painted, altered, relocated, enlarged, reconstructed,
displayed, lit, or maintained only as expressly permitted in this
section and upon issuance of a sign permit by the Code Enforcement
Officer or any duly appointed deputy Code Enforcement Officer.
(2)
All permanent signs require review and approval of the Code Enforcement
Officer, or the Planning Board when required.
L.
Permit procedures.
(1)
Application shall be made on forms prescribed and provided by the
Village and shall be accompanied by an application fee, payable to
the Village of Millbrook, in accordance with the current fee schedule.
The application forms shall be approved by the Village Board of Trustees
and may be amended from time to time. The application form for permanent
signs will require the following minimum information:
(a)
Renderings of the sign as prepared by the manufacturer/design
professional shall be submitted to the Code Enforcement Officer, or
Planning Board when required, with exact measurements, color(s), material(s),
and lighting specifications if applicable, of the proposed sign.
(2)
For all signs, if the applicant is not the owner of the property
on which the sign is to be located, the applicant must provide to
the Village either written permission from the property owner to place
the sign on the property, or a copy of a contract or lease showing
that the applicant has care, custody and control of the property on
which the sign is to be located.
(3)
Review and decision on application.
(a)
Upon receipt of a completed application for a sign permit and the payment of the required fee when not in conjunction with a Planning Board application, but not longer than 10 days, the Code Enforcement Officer shall review the application to determine if the proposed sign is in compliance with all requirements of this § 230-20, and if so shall render approval. The Code Enforcement Officer shall issue the sign permit within 14 days in such circumstances. If not in compliance with the Code, the Code Enforcement Officer shall issue a denial of the permit request and notify the applicant of the following options:
[1]
Make modifications to and resubmit the application;
(b)
Planning Board review. If the sign is proposed in conjunction
with a pending site plan and/or special use permit application, the
Planning Board shall review and approve, approve with modifications,
or deny the requested sign permit.
[1]
Sign location shall be reflected on the site plan.
[2]
If the property has an existing site plan and the only proposal
is to add a new sign or to relocate a sign, a site plan reflecting
the location of the proposed new sign or relocated sign shall be submitted.
[3]
When application for a sign permit is made in conjunction with
a site plan and/or special use permit application, the Planning Board
shall consider the application and shall approve, approve with modifications,
or deny the application and notify the Code Enforcement Officer of
its decision on this matter. If the sign permit is approved, the Code
Enforcement Officer shall issue a sign permit within 14 days.
(4)
Once a permit has been issued, no permit shall be required for a
sign to be repainted or repaired in accordance with the approved design,
graphics, and messaging of the sign.
(5)
Any sign requiring a permit which is removed for a period of more than 30 days cannot be re-erected unless a new sign permit application is submitted and a new permit is issued in accordance with this § 230-20. This subsection shall apply regardless of when the sign which was removed was originally erected and regardless of whether said removed sign was the subject of a validly issued sign permit.
(6)
Time limit. If a sign is not erected within six months following
the issuance of a sign permit, the sign permit will automatically
become void.
M.
Removal of certain signs. Any sign which no longer pertains to an
existing business conducted or product sold on the premises shall
be removed by the owner of the premises upon which the sign is located,
within 30 days of when the sign is no longer valid. Any sign not so
removed may be disposed of by the Village of Millbrook.
N.
Prohibited signs. All signs not expressly permitted under this chapter
or specifically exempt from regulation are prohibited in the Village
of Millbrook. Such signs include, but are not limited to:
(1)
Animated signs.
(2)
Billboards.
(3)
Inflatable signs and tethered balloons.
(4)
Internally illuminated signs.
(5)
Marquee signs.
(6)
Neon-type signs.
(7)
Off-premises signs.
(8)
Pennants, ribbons, streamers, spinners or other similar moving, fluttering
or revolving devices, whether or not they are used as part of a sign
or to attract attention to a sign.
(9)
Portable signs.
(10)
Rooftop signs.
(11)
Strings of lights, if they are used as part of a sign or to
attract attention to a sign.
(12)
Signs using fluorescent or day-glow colors.
(13)
Signs incorporating projected images or words.
(14)
Television/video screens used as signs.
(15)
No sign shall be placed, erected or maintained in, over or upon
any street, sidewalk, excavation or other public place without permission
of the applicable government body owning such street, sidewalk, excavation
or other public place.
O.
Permit revocation and sign removal.
(1)
Violation. In the event of a violation of any provision of this chapter,
the Code Enforcement Officer shall give written notice, by certified
mail, return receipt requested, to the owner of the sign at the last
known address of record and to the owner of the land upon which the
sign is erected at the last known address of record specifying the
violation and specifying that the sign must be modified within 15
days such that it conforms to the provision of this chapter or be
removed. If the sign is not modified to conform to the provisions
of this chapter within the allotted 15 days, the Code Enforcement
Officer is hereby authorized to revoke the sign permit, if any, and
to remove or cause removal of such sign. The owner or tenant shall
defray the Village's expenses incurred during removal, including consultant
costs and attorneys' fees.
(2)
Safety hazard. If the Code Enforcement Officer finds that any sign
regulated by this chapter is unsound or in any way poses a potential
safety hazard to the public, he or she shall give written notice,
by certified mail, return receipt requested, to the owner of the sign
at the last known address of record and to the owner of the land upon
which the sign is erected at the last known address of record to repair
or remove the sign within five days from the date of the notice. If
the sign is not removed or repaired within the allotted five days,
the Code Enforcement Officer is hereby authorized to revoke the sign
permit, if any, and to remove or cause removal of such sign. If emergent
circumstances warrant, the Code Enforcement Officer may remove a hazardous
sign without advance notice. For any sign summarily removed without
prior notice, the Code Enforcement Officer shall provide written notice
by certified mail, return receipt requested, to the owner of the sign
at the last known address of record and the owner of the land upon
which the sign was erected at the last known address of record that
the sign was removed because it was a source of immediate peril to
persons or property.
(3)
Costs of removal of signs. At the sole discretion of the Village,
the reasonable and necessary costs incurred by the Village for removal
of any sign shall be charged against the real property from which
the sign was removed by adding that charge to and making it a part
of the next annual real property tax assessment roll of the Village.
Such charges shall be levied and collected at the same time and in
the same manner as Village-assessed taxes and shall be paid to the
Village Clerk to be applied in reimbursing the fund from which the
costs of sign removal were paid. Prior to charging such assessments,
the owners of the real property shall be provided written notice to
their last known address of record, by certified mail, return receipt
requested, of an opportunity to be heard and object before the Village
Board to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 14 days after its mailing.
The owner of the land, in addition to the tenant or owner of the sign,
shall be jointly and severally responsible for reimbursement of the
Village's expenses.
P.
Construction and maintenance.
(1)
Except for awning, banner, canopy, flag, window, and temporary signs
conforming in all respects with the requirements of this chapter,
all signs shall be constructed of wood, metal, or other durable man-made
materials that closely resemble wood or metal, as approved by the
Code Enforcement Officer or Planning Board, and shall be permanently
attached by direct attachment to a rigid wall, frame or structure.
(2)
All signs and sign structures shall be maintained in good condition,
in compliance with all building and electrical codes and in conformance
with this chapter at all times.
(3)
All signs shall be securely anchored.
Q.
Substitution clause. Any sign authorized pursuant to this chapter
may contain a noncommercial message in lieu of other copy.
R.
Severability, conflicts with other provisions.
(1)
The provisions of this section are severable. The invalidity of any
word, subsection, clause, phrase, paragraph, sentence, part or provision
of this section shall not affect the validity of any other part of
this section which can be given effect without such invalid part or
parts.
(2)
If any portion of this section is found to be in conflict with any
other provision of any other local law or ordinance of the Code of
the Village of Millbrook, the provision which establishes the more
restrictive standard shall prevail.
A special permit shall be required for the erection
of a satellite dish antenna subject to the following conditions:
A.
Not more than one satellite dish antenna shall be
allowed on any lot.
B.
All satellite dish antennas shall be properly anchored
as determined by the Zoning Enforcement Officer.
C.
The construction and installation of satellite dish
antennas shall conform to all applicable building codes and other
regulations and requirements.
D.
Satellite dish antennas shall be adequately grounded.
E.
Subject to the provisions contained herein, satellite
dish antennas shall be located only in the rear yard of any lot. If
a usable satellite signal cannot be obtained from such rear yard,
the antenna may be located on the side or front yard of the property
subject to the requirements contained in this chapter. In the event
that a usable satellite signal cannot be obtained by locating the
antenna on the rear, side or front yard of the property, such antenna
may be placed on the roof of the dwelling structure.
F.
Satellite dish antennas shall be designed and located
to minimize visual impact on adjacent property and roadways. The color
of the antenna should be compatible with its surroundings. Black and
green are colors are reported to have the least visual impact. Also,
mesh discs have less visual impact than solid discs.
G.
A landscaped evergreen planting screen shall be provided
for any ground-mounted satellite dish antenna to screen it from the
view of adjacent lots and public view.
H.
A satellite dish antenna shall not be located less
than 10 feet to any property line or easement.
I.
A ground-mounted satellite dish antenna shall not
exceed a grade height of 16 feet.
J.
Wiring between a ground-mounted satellite dish antenna
and a receiver shall be placed beneath the surface of the ground.
K.
Roof-mounted satellite dish antennas shall not be
mounted on chimneys, towers, spires or trees. Where practical, the
antenna should be placed below the ridgepole of the roof.
No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for sale or for use other than
on the premises from which it shall be taken except in connection
with the construction or alteration of a building on such premises
and excavation or grading incidental thereto.
A.
Unattached accessory structures in residential districts.
Accessory structures which are not attached to a principal structure
may be erected in accordance with the following requirements:
(1)
An accessory building not exceeding 20 feet in height
at the eaves may occupy not more than 30% of a required rear yard.
(2)
No accessory structure shall be located with 10 feet
of side or rear lot lines.
(3)
No accessory structure shall be located closer to
the street than the front yard setback required for a principal structure
in the district in which such accessory structure may be located.
(4)
For corner lots, the setback from the side street
shall be the same for accessory buildings as for principal buildings.
B.
Attached accessory structures in R Districts. When
an accessory structure is attached to the principal building, it shall
comply in all respects with the yard requirements of this chapter
applicable to the principal building.
C.
Accessory structures in other than R Districts. Accessory
structures shall comply with front and side yard requirements for
the principal structure to which they are accessory and shall be not
closer to any rear property line than 10 feet.
Cluster subdivisions are permitted in all residential
districts as follows:
A.
The Planning Board may modify the zoning regulations
in the above-named districts with respect to lot area and dimensions,
and it may mandate cluster subdivisions if it finds that the application
will accomplish one or more of the following open space purposes:
(1)
The preservation of land as unsubdivided and undeveloped
open space which preserves or enhances the appearance, character or
natural beauty of an area.
(2)
The preservation of land for park and recreation purposes.
(3)
The preservation of land for purposes of conserving
natural resources, including prime and important agricultural land.
(4)
The preservation and protection of particular areas
and terrain having qualities of natural beauty or historic interest.
(5)
The protection of streams, rivers and ponds so as
to avoid flooding, erosion and water pollution.
(6)
The modifications result in design and development
which promotes the most appropriate use of the land and facilities
and the adequate and economical provision of streets and utilities
and preserves the natural and scenic qualities of open lands.
B.
In addition to the application requirements of the
subdivision regulations, the applicant requesting approval for a cluster
subdivision under this section shall submit to the Planning Board
the following:
(1)
A written statement, in duplicate, describing the
open space purpose(s) to be accomplished and the proposed method of
preservation and disposition of the open space land.
(2)
A sketch plan, in duplicate, meeting all of the requirements
for preapplication approval of a subdivision plat.
(3)
Such additional information that the Planning Board
may deem necessary to make a reasonable decision on the application.
C.
The permitted number of dwelling units shall not exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, Chapter 201, Subdivision of Land, the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by the Planning Board.
D.
The maximum permitted building height and the minimum
permitted floor area requirements shall be the same as those normally
applicable to other dwellings in the zoning district in which the
property is located.
E.
The dwelling units permitted may be detached or semidetached.
The minimum lot area for detached dwellings shall be no less than
1/2 acre. The minimum lot area for semidetached dwellings shall be
no less than 3/4 of an acre. These standards are the minimum applicable
standards and shall be used at the discretion of the Planning Board.
For each case, maximum lot coverage shall not exceed 25%.
F.
Area of open space land. In the residence districts,
the area of open space land shown on the cluster subdivision plat
shall not be less than 1/2 of the minimum lot area requirement of
the district in which the proposed cluster subdivision is located
times the number of requested building lots.
G.
Setbacks. On any building lot on an approved cluster
subdivision plat in the residence districts, the standard setback
requirements may be modified by the Planning Board. However, all perimeter
lots shall have the same setbacks as the residence district in which
the subdivision is situated.
H.
The cluster subdivision shall result in the preservation
of open space land with suitable access, shape, dimension, character,
location and topography so as to be suitable, in the opinion of the
Planning Board, for such use. Such open space land shall be shown
on the subdivision plan and shall be labeled in a manner approved
by the Planning Board to indicate that such land is not to be used
for building lots or building development and is permanently reserved
for open space purposes.
I.
Open space land. The open space land shown on an approved
cluster subdivision plat shall be considered a lot with area, dimensions
and access as required by this chapter, shall not be subdivided and
shall not be used for the construction of any new building or other
structure.
J.
The Planning Board, as a condition of plat approval,
may establish such conditions of ownership, use and maintenance of
land to be devoted to park, recreation or open space as deemed necessary.
K.
Disposition. The method of preservation and disposition
of the open space land shall accomplish the open space purposes and
shall be subject to the approval of the Planning Board. The method
used may included, but not be limited to, one or more of the following:
(1)
Offer and transfer of the land to the Village of Millbrook,
subject to agreement by the Village to accept the land.
(2)
Establishment of a homeowners' association to own
and maintain the land for the open space purposes intended.
(3)
Transfer of the land to an institution, person, organization
or other entity to own and maintain the land for the open space purposes
intended, in perpetuity.
(4)
Mandatory establishment of deed restrictions.
(5)
Labeling the plat map to restrict division and use
of the land.
L.
Utilities.
(1)
Where, in the opinion of the Planning Board, connections
to existing facilities are possible and warranted, sanitary sewers
and/or water mains and fire hydrants to be installed in a cluster
subdivision shall be connected to such existing facilities in the
manner prescribed by the regulations of the appropriate sewer, water
or fire district or other agency having jurisdiction.
(2)
Where connection to existing public water and/or sewerage
facilities is not possible, the Planning Board, at its discretion,
may require that a central water supply and/or sewerage treatment
shall be designed and constructed by the applicant to serve all dwelling
units within the cluster subdivision, in accordance with the standards
of appropriate county, state or federal health or environmental departments.
M.
The provisions of § 7-725-a of the Village
Law, as amended from time to time, shall apply to all cluster subdivisions.
Multifamily dwellings shall meet the following
additional requirements:
A.
Site plan approval. Site plan approval shall be required
by the Village Planning Board.
B.
Standards shall be as follows:
(1)
Density. The number of dwelling units shall not exceed
12 units per acre or 24 bedrooms in that part of the Village which
is served by water and sewer facilities.
(2)
Parking. All parking shall be provided in paved off-street areas according to provisions in § 230-16. No parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building.
(3)
Lot specifications. Setbacks, building area coverage
and frontage requirements appear in the Schedule of Lot and Bulk Requirements.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
(4)
Floor area. Each apartment must have a minimum floor
area of 500 square feet.
(5)
Open space. Usable open space, excluding parking,
must be available for tenants. This open area must be a minimum of
150 square feet per bedroom for adaptation of existing structures
and at least 50% of the gross lot area for new structures.
(6)
Water and sewer facilities. Where connections to the
existing Village water and sewer facilities are feasible, such connections
shall be required. Where connections are not feasible, densities shall
be limited by the natural capacity of the site to sustain necessary
services.
(7)
Design. The architectural design of multifamily dwellings
shall be harmonious with the character of immediately surrounding
areas.
(8)
Recreation fee. A recreation fee may be charged for
all new rental units. The provisions of § 7-725-a of the
Village Law as amended from time to time shall apply. This fee shall
be 1/3 of the fee charged for a lot which is subdivided for single-family
residential use. On-site dedication of land or construction of recreational
facilities can be a preferred alternative to a recreational fee.
(9)
Buffer areas. When necessary to ensure compatibility
with the surroundings, buffer strips shall be provided. Consisting
of trees, hedges, dense plantings, earth berms and changes in grade,
these buffers shall be used, in particular, to separate the more dense
character of multifamily housing from less intensely developed land
uses and to maintain a natural interlude between multifamily structures.
(10)
Parking lots must not be located closer than
15 feet from any residential property line.
(11)
The front or rear of any building shall be no
closer to the front or rear of any other building than 40 feet. The
side of any building shall be no closer than 30 feet to the side,
front or rear of any other building.
(12)
The maximum length of any building shall not
exceed 150 feet.
A.
Purpose. These conditions are to ensure high-quality
living environments within mobile home parks and to achieve visual
compatibility between mobile home parks and the prevailing conventional
architecture.
B.
Conditions.
(1)
Mobile home parks shall be developed on a minimum
of 15 acres.
(2)
While mobile homes can be grouped, the net residential
density must conform to the standard set for the district.
(3)
Road access must be strictly internal, with a single
common entrance point from public roadways.
(4)
A minimum fifty-foot buffer must surround the park.
(5)
Natural or planted dense screening must be provided
within the buffered area.
(6)
Roads must meet Village specifications.
C.
Mobile homes are not permitted on individual lots
under any circumstances.
A.
Legislative intent. A special permit may be granted
by the Planning Board to permit accessory apartments. It is the specific
purpose and intent of this provision to provide the opportunity for
the development of small, rental dwelling units designed, in particular,
to meet the special housing needs of single persons and couples of
low- and moderate income, both young and old, and of relatives of
families presently living in the Village of Millbrook. Furthermore,
it is the purpose and intent of this section to allow the more efficient
use of the Village's existing stock of dwellings to provide economic
support for present resident families of limited income, to protect
and preserve property values and to maintain the single family character
of the residential districts of the Village of Millbrook without the
over-utilization of the land.
B.
To help achieve these goals and promote the objectives
of the Village Development Plan,[1] a special permit is required to create a single apartment
within a one-family dwelling, subject to the following provisions:
(1)
Owner occupancy required. The owner(s) of the one-family
lot upon which the accessory apartment is located shall occupy at
least one of the dwelling units on the premises.
(2)
Only one apartment is allowed, and it shall be clearly
subordinate to the one-family dwelling.
(3)
The number of bedrooms in the apartment shall not
be more than one.
(4)
The floor area of the apartment shall be greater than
400 square feet.
(5)
The floor area devoted to the apartment shall not
exceed 35% of the entire floor area of the one-family dwelling.
(6)
The apartment and one-family dwelling must have safe
and proper means of entrance, clearly marked for the purpose of emergency
services.
(7)
If the water supply is from a private source, the
applicant shall certify that the water supply is potable and of adequate
flow. Failure to correct promptly any water quality problems shall
result in the revocation of the special permit.
(8)
The applicant shall maintain a proper sewage disposal
system adequate for the two dwelling units. Failure to correct promptly
any sewage system problem shall result in revocation of the special
permit.
(9)
Stairways leading to any floor or story above the
first floor shall be located within the walls of the building wherever
practicable. Stairways and fire escapes shall be located on the rear
wall in preference to either side wall. In no instance shall an exterior
stairway or fire escape be located on any wall fronting on a street.
(10)
Off-street parking shall be in accordance with § 230-16 and shall be on the parcel on which the accessory apartment is located.
(11)
Continued compliance with all of these regulations
is required. Failure to do so will result in a revocation of the special
permit.
[1]
Editor's Note: The Development Plan is on
file in the Village offices.
C.
A special permit is required to create an apartment which requires an addition to a one-family dwelling. If an addition is requested, it must comply with provisions in § 230-27B as well as the following:
(1)
All bulk regulations and coverage limitations of the
Schedule of Lot and Bulk Requirements must be met.[2]
[2]
Editor's Note: The Schedule is included at the end of this chapter.
(2)
Design and construction of the addition must be compatible
with the parent structure.
D.
A special permit is required to create a detached
accessory apartment in gatehouses, garages, barns or similar accessory
structures, subject to the following provisions:
(1)
No new construction shall be permitted to enlarge
existing accessory buildings in order to accommodate apartments unless
they conform to zoning density requirements.
(2)
Construction associated with adaptation of buildings
should be performed in a way that retains the character of the structure.
The design and construction of the adaptation of the building must
be compatible with the parent structure.
(4)
The number of dwelling units permitted on the lot
shall not exceed that which is normally permitted in the zone, except
for structures which are in existence at the time of the adoption
of this amendment.
(5)
Accessory apartments are prohibited in accessory buildings
when an accessory apartment already exists within the one-family residence.
E.
A special permit is required for preexisting accessory
apartments, subject to the following provisions:
(1)
Owners of accessory apartments in existence as of
the effective date of this section shall have six months from the
date of enactment to apply for a special permit for an accessory apartment
and to meet the requirements of this section wherever practicable.
(2)
Any such property owner who is not in the process
of or completed meeting these requirements within the required six
months shall be found in violation if the apartment is occupied.
F.
Term of permit.
(1)
The special permit shall be issued to the owners of
the property. Should there be a change in ownership or a change in
the residence of the owner, the special permit and the certificate
of occupancy for the accessory apartment shall become null and void.
Thereafter, should the new owner decide to live in the structure and
desire to continue the use of the accessory apartment, within 90 days
of the change of ownership, he or she shall apply to the Planning
Board for a special permit. Should the new owner decide not to live
in the structure or desire not to continue the use of the accessory
apartment, the tenant shall have 90 days to relocate, the owner shall
remove the kitchen of the accessory apartment within 60 days after
the tenant leaves and the premises shall revert to a single-dwelling
unit.
(2)
The special permit shall remain valid so long as the
applicable provisions of this section are complied with. Failure to
do so will result in a revocation of the special permit.
Any real property owner who hereinafter plans
to subdivide his or her property shall abide by the subdivision regulations
of the Village, as adopted by the Village Board.[1]
A.
The provisions of this section are to help provide
peace, quiet and domestic tranquillity with all residential neighborhoods
while recognizing that limited home occupational use can be useful
to the general community as well as the resident-proprietor.
B.
Permitted home occupations operated in any dwelling
unit may be operated only if they comply with all of the following
conditions:
(1)
A home occupation must be incidental to the use of
a dwelling unit for residential purposes.
(2)
The dwelling unit must be owner-occupied.
(3)
No more than 500 square feet of floor area of the
dwelling unit or 30% of the total floor area of the dwelling unit
may be used in connection with a home occupation, whichever is lesser.
Floor area requirements refer only to heated and habitable rooms within
the dwelling unit.
(4)
Sale of produce and consumer goods shall be prohibited,
except for the sales of products or goods produced or fabricated on
the premises as a result of the home occupation.
(5)
Only the persons or persons who own and occupy the
dwelling and one additional person shall be employed in the home occupation.
(6)
There shall be no outside evidence of the home occupation, except that one sign is allowed in compliance with § 230-20.
[Amended 1-14-2020 by L.L. No. 1-2020]
(7)
In no case shall a home occupation be open to the
public at times earlier than 8:00 a.m. nor later than 9:00 p.m.
(8)
There shall be no exterior storage of materials to
be used in conjunction with a home occupation.
(9)
No alteration of the residential appearance of the
premises to accommodate the home occupation is allowed.
(10)
An existing accessory structure can be used
for a home occupation, provided that there are no exterior modifications
and that the use will not change the residential or agricultural character
of the area.
(11)
The total number of home occupations conducted
within a dwelling unit is not limited, except that the cumulative
impact of all home occupations conducted within the dwelling unit
or on the premises shall not exceed the impact of a single, full-time
home occupation.
(12)
Electrical or mechanical equipment that creates
visible or audible interference in radio or television receivers or
causes fluctuations in line voltage outside the dwelling unit or that
creates noise not normally associated with residential uses is prohibited.
C.
The following uses are allowed provided that they comply with conditions set forth in Subsection B:
(1)
Artist or musician.
(2)
Custom dressmaking, seamstress, milliner.
(3)
Tutoring.
(4)
Home crafts for sale off site.
(5)
Drafting and graphic services.
(6)
Data processing, computer programming, word processing.
(7)
Baby sitting up to five children, provided that all
county, state and federal requirements are satisfied.
(8)
Professional and other consulting services, e.g.,
interior design, engineering, financial planning, architecture, law
and real estate.
(9)
Medical doctor, dentist, chiropractors and other health
care professionals.
(10)
Gardening, landscape maintenance.
(11)
Foster family care and family-type proprietary houses for adults pursuant to regulations of the New York State Department of Social Services (but not more than four children or four adults). Applicants for this use must first apply to the Planning Board for a special permit as outlined in § 230-43.
(12)
Single chair beauty salons or barbershops.
D.
Because of parking requirements and other issues of
compatibility, the following uses are specifically prohibited as home
occupations:
Overnight facilities may include inns or bed-and-breakfast
facilities. The following regulations apply to each form of accommodation:
A.
Inns are overnight accommodations similar to a small
hotel. They must meet the following conditions:
(1)
They must be limited to 20 rooms.
(2)
They must meet all parking, signage and other applicable
requirements.
(3)
If converted from an existing structure, inns must
meet all requirements of the special permit process.
(4)
Dining facilities and bar, if open to the general public, will be treated as separate use and thereby conform to additional restrictions for restaurants and bars (see § 230-16).
(5)
An inn will be permitted only if it is compatible
in character with its immediate neighborhood.
(6)
Dining facilities shall not exceed 50 square feet
per overnight room (exclusive of the kitchen facilities).
B.
Bed-and-breakfast establishments are owner-occupied.
(1)
They must be limited to 10 guest rooms.
(2)
They must meet all applicable zoning requirements.
(3)
The proprietor may serve meals to guests. A public
dining room and bar is expressly prohibited.
(4)
Parking lots shall not be located closer than 15 feet
from any residential property line.
(5)
A bed-and-breakfast will be permitted only if it is
compatible with its immediate neighborhood.
C.
Short-term
rentals.
[Added 2-14-2024 by L.L. No. 2-2024]
(1)
Purpose. The purpose of this section is to establish a set of regulations
applicable to the short-term rental of residential real property in
the Village of Millbrook. These regulations are in addition to all
other provisions of this chapter. In the adoption of these standards,
the Board of Trustees of the Village of Millbrook (the "Village Board")
find that short-term rentals (STRs) have the potential to be incompatible
with surrounding residential uses, especially when several are concentrated
in the same area, thereby having the potential for a deleterious effect
on the adjacent full-time residents. The Village Board recognizes
the benefits of short-term rentals to allow homeowners to supplement
their income to defray the cost of housing and to provide lodging
for visitors to the Village. The Board of Trustees also find that
STRs have the potential to have a detrimental effect on affordable
housing and economic diversity in the Village, by removing dwelling
units from the long-term rental market and driving up demand for the
limited remaining housing supply. This can result in fewer available
units and increased prices or rents for those units that are available.
Special regulation of these STR uses is necessary to ensure that they
will be compatible with surrounding residential uses, protect the
health, safety and welfare of Village residents and will not act to
harm and alter the neighborhoods they are located within.
(2)
AGENT
HOST
HOSTED SHORT-TERM RENTAL
NONHOSTED SHORT-TERM RENTAL
PRIMARY RESIDENCE
PRIMARY RESIDENT
SHORT-TERM RENTAL
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Person designated by host to act on host's behalf in
the absence of the host.
The person who owns the property in the Village being offered
for short-term rental.
A short-term rental where the owner is present on the property
overnight during the period when guests are on-site for the short-term
rental.
A short-term rental where the owner is not present on the
property during the period when guests are on-site for the short-term
rental.
The domicile and principal dwelling that a person inhabits
and resides in for at least six months and one day out of the year.
If title to the property is not held in the name of a natural person,
then the following shall apply: if the property is held in the name
of a trust, the person that inhabits the residence must be one of
the grantors or a beneficiary of the trust who has the right to reside
in the dwelling on the property under the terms of the trust; if the
property is held by an entity other than a trust (corporation, limited
liability company, partnership, etc.), the resident must be a majority
owner of the entity.
A natural person(s) who is the main occupant or occupants
of the property containing the short-term rental.
A single-family dwelling or two-family dwelling or portion
thereof, or an accessory apartment, offered for rent or lease, for
an occupancy of fewer than 31 consecutive days, the rates for which
include lodging only, and no other commercial services are offered.
A qualifying property is limited to the applicant's primary residence.
The term "short-term rental" does not include bed-and-breakfast, group
home, hotel/conference center, or inn, as regulated by the Village
of Millbrook Zoning Code.
(3)
Presumption of dwelling unit as short-term rental property.
(a)
The presence of the following shall create a presumption that
all or a part of the property is being used as a short-term rental:
(b)
The foregoing presumptions may be rebutted by documentary evidence
presented to the Village Code Enforcement Officer (CEO) sufficient
to show that the premises is not operated as a short-term rental.
(4)
All short-term rental permit and application fees shall be listed
in the Village's Master Fee Schedule. These may be changed from
time to time by resolution of the Village Board of Trustees.
(5)
A short-term rental shall only be allowed subject to an application
for a permit issued by the CEO, renewable on a biennial basis, and
in compliance with the following standards:
(a)
Permits issued for short-term rentals shall be limited to a
maximum of 15 within the Village on an annual basis. Applications
will be accepted on a first-come-first-served basis until 15 permits
are issued. Subsequent applications will be placed on a waitlist.
If and when there are fewer than 15 permits, the waitlist will be
utilized starting with the application that has been on the waitlist
the longest amount of time.
(b)
Permits shall be issued to a specific primary resident and are
not transferrable or assignable. A primary resident is not eligible
to possess more than one STR permit. The term of a permit shall be
two years.
(c)
The property shall be designed, maintained, and operated to
preserve and complement the residential appearance of the site and
the existing character of the surrounding area. There shall be no
change permitted to the residential character of the outside appearance
of the building.
(d)
The host, for hosted STRs, or, the hosts' Agent as listed
on the permit for nonhosted STRs, must be available at all times to
respond in person, on-site, within one hour of notification to any
issues that may arise regarding the condition, safety, operation,
or conduct of guests of the STR. The contact information for the host
and/or host's agent shall be provided to the Village via the
short-term rental application at time of submission, and the permit
holder shall update this contact information as needed during the
term of the permit to ensure it is accurate and up to date.
(e)
There shall be no more than six occupants as lodgers of the
STR at any given time, with a maximum of two occupants per bedroom,
or if not on municipal water or sewer, the maximum capacity shall
be determined by the septic capacity established by the Department
of Health, not to exceed two occupants per bedroom. Maximum occupancy
does not include children under five years of age.
(f)
The guest bedrooms of the STR shall be limited to the principal
dwelling or one accessory building on the property, but never both.
Any guest bedroom in an accessory building shall have access to sanitary
facilities within that accessory building approved by the applicable
authority.
(g)
The owner shall collect and preserve registration records for
a minimum of three years.
(i)
A copy of the permit must be prominently displayed within the
interior of the STR during the duration of its validity. The availability
of the STR to the public shall not be advertised on the premises.
The Village permit number must be included in the listing.
(j)
An annual satisfactory inspection from the CEO is mandatory
prior to issuance of a permit. The owner shall arrange for and schedule
such inspection directly with the CEO and give reasonable access for
inspections to be conducted to ensure compliance with the provisions
of the Village of Millbrook Code, the NYS Uniform Fire Protection
and Building Code and Life Safety Code.
(l)
The STR property must comply with and meet all applicable NYS Uniform
Building Codes.
(m)
There shall be one working smoke detector in each sleeping room
and one additional smoke detector on each floor. Carbon monoxide detectors
shall be installed as required by the New York State Uniform Fire
Prevention and Building Code.
(n)
There shall be a five-pound ABC fire extinguisher on each floor
and in the kitchen. Fire extinguishers shall be inspected prior to
a renter occupying the property and no less than monthly by the permit
holder(s) to ensure each contains a full charge. A record of the date
inspected initialed by the permit holder shall be maintained and made
available to the CEO upon request.
(o)
The house number shall be displayed both at the road and on
the dwelling unit so that the house number is clearly visible from
both road and the driveway.
(p)
Electrical systems shall be in good operating condition, labeled,
unobstructed and shall be visible for the CEO during inspections.
Any defects found shall be corrected prior to permit issuance. A current
boiler or furnace service report, including a record of the date inspected,
initialed by the permit holder, shall be maintained and made available
to the CEO upon request.
(q)
Insurance standards. All STR permit holders must provide evidence
of property hazard insurance and a certificate of liability insurance
indicating the premises is rated for short-term rental and maintain
such insurance throughout the term of the short-term rental permit.
The amounts for the insurance coverage shall be set by the Village
Board as part of the Village fee schedule(s).
(r)
Waste removal provisions shall be made for weekly garbage removal
during rental periods. Garbage containers shall be secured with covers
at all times to prevent leakage, spilling, or odors, and placed where
they are not clearly visible from the road except at approximate pickup
time.
(s)
STR guests and STR permit holders must have a written rental
contract, which includes the following:
[1]
Maximum property occupancy;
[2]
Maximum on-site parking provided; and
[3]
Good Neighbor Statement stating:
[a]
STR guests must be considerate of the residents
in neighboring homes;
[b]
STR guests are requested to observe quiet hours
from 10:00 p.m. to 8:00 a.m.;
[c]
All STR guests will be subject to New York Penal
Law § 240.20 or any successor statute regarding disorderly
conduct;
[d]
Littering is illegal.
(t)
Compliance and penalties.
[1]
Violations of this section or of any short-term rental permit issued pursuant to this section shall be subject to enforcement and penalties prescribed in this section and Article VII of this chapter.
[2]
If the Code Enforcement Officer either witnesses or receives
a written complaint of an alleged violation of this section or a violation
of the conditions of any short-term rental permit issued pursuant
to this section, the CEO shall properly record such complaint and
immediately investigate the report thereon. If the Code Enforcement
Officer determines there is a violation of this section, the owners
shall be notified in writing by both first-class mail and certified
mail, return receipt requested of said violations and the CEO may
take any or all of the following actions:
[a]
Impose additional conditions to the existing short-term
rental permit.
[b]
Suspend the short-term rental permit. The notice
of suspension shall be provided to the property owner and a copy filed
with the Village Clerk.
[c]
Require corrective action that remedies the violation(s).
The corrective action must be completed and approved within 30 days
of notice from the Code Enforcement Officer or the owner risks revocation
of the short-term rental permit.
[d]
Issue a court appearance ticket for violation of
a Village law.
[e]
Revoke the STR permit. Should a permit be revoked,
all owners of the property on which the STR exists are prohibited
from obtaining an STR permit on the property for a period of one year
after the date of revocation. The Code Enforcement Officer shall send
notices of revocation to the property owners and shall file a copy
with the Town Clerk.
(u)
At the time of passage of this law, applicants operating a short-term
rental that is not the applicant's primary residence will be
given a two-year grace period to meet this requirement (all other
permit requirements must still be met before an applicant will be
approved and a permit issued).
(v)
Renewal of permit.
[1]
Permits will automatically expire after a two-year term but
may be renewed prior to expiration for a subsequent two-year term
by permit-holders in good standing.
[2]
Renewal permits will be granted for an additional two-year term
if the following conditions are met:
[a]
Application for renewal of the short-term rental
permit shall be made no less than 30 nor more than 45 days prior to
expiration of the current permit and be accompanied by the renewal
fee.
[b]
At the time of application for renewal, the owner
or designated agent must present the previous permit for short-term
rental.
[c]
The property must undergo a new inspection performed
by the CEO.
[d]
Any violations must be remedied prior to renewal
of a permit for short-term rental.
(w)
Grounds for suspension or revocation of permit.
[1]
The Code Enforcement Officer may immediately suspend a short-term
rental permit based on any of the following grounds:
[a]
Applicant has falsified or failed to provide information
in the application for a permit or the application for permit renewal.
[b]
Applicant failed to meet or comply with any of
the requirements of this chapter.
[c]
Applicant is in violation of any provision of the
Code of the Village of Millbrook.
[d]
Applicant has been found guilty by a court of law
of a violation of any provision of the Penal Code of the State of
New York, which violation occurred at the property on which the STR
exists, or is related to the occupancy of the STR.
[e]
Any conduct on the property on which the STR exists,
which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
[f]
Removal or disrepair of any safety devices such
as, but not limited to, smoke and carbon monoxide detectors, fire
extinguishers and egresses.
(x)
Appeals and hearings. The property owner is entitled to appeal the Code Enforcement Officer's determination to the Zoning Board of Appeals in accordance with § 230-69 of the Village Code when a property owner's application for a short-term rental permit or a short-term rental permit renewal is denied or a short-term rental permit is revoked. A notice of appeal shall be filed with the Village Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement Officer's filing of the denial or revocation with the Village Clerk.
Commercial kennels and veterinary clinics shall
be permitted only upon compliance with the following additional regulations:
A.
Minimum acreage of lot involved shall not be less
than 10 acres.
B.
Work spaces, runs, pens or other facilities shall
be located within a completely enclosed, soundproof building, and
such hospital or kennel shall be operated in such a manner as to produce
no objectionable noise, odors or other nuisances beyond the boundaries
of the site on which it is located. Such facility shall assure a buffer
zone sufficient to prevent any crease in the average preexisting background
noise levels on the site.
C.
No building or other quarters shall be permitted within
250 feet of any public highway or property line.
D.
All such quarters shall at all times be maintained
in a sanitary condition.
A special permit may be granted for the establishment
of a boarding stable or commercial riding school in those districts
where it is a special or permitted use. Such establishments may be
used for the boarding and training of horses when the following conditions
are met:
A.
The minimum lot size shall be five acres.
B.
The use of the property shall be limited to the keeping
of one horse per each 2 1/2 acres of lot area.
C.
No building in which animals are housed, riding ring,
corral or manure storage area shall be located within 100 feet of
any lot line or street right-of-way. Manure storage shall not exceed
10 cubic yards.
D.
No horses shall be housed in any buildings used as
a residence.
E.
Front, rear and side yard areas shall be landscaped
and screening provided, where necessary, to harmonize with the character
of the neighborhood.
F.
The property shall be so maintained that it will not create a nuisance and meets the applicable standards to prevent nuisances (see § 230-14).
G.
Adequate buffer zones should be provided, including
fencing, if necessary, to keep horses at least 100 feet from any surface
water or wetlands area.
A.
Off-street parking and loading shall be provided as required by § 230-16. Parking requirements may be increased depending upon the needs of each particular use. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.
B.
No structure shall be within 150 feet of any property
line.
C.
The entire site, except for areas covered by buildings,
parking and loading areas and walks, shall be suitably landscaped
as approved by the Planning Board. Suitable natural screening or buffer
strips, walls or fencing shall be provided along the boundaries of
parking and loading areas to protect adjacent properties from physical
damage or nuisances. All landscaping shall be properly maintained
during the period of use.
D.
Exterior lighting shall not be used to illuminate
the structure. Such lighting shall be used only along walkways and
in the parking area for safety purposes and shall be shielded from
view of all surrounding residence properties and from streets.
E.
No more than one dwelling shall be permitted in the
facilities. Such dwelling shall have at least 700 square
feet of gross floor area and shall meet the appropriate off-street
parking requirements.
Cemeteries shall be allowed subject to the following
additional regulations:
A.
No interment shall take place within 100 feet of any
street or property line. Such one-hundred-foot buffer area shall be
suitably landscaped as to screen the cemetery from view insofar as
is practicable.
B.
Cemeteries shall have a minimum of five acres.
C.
All cemeteries shall be subject to site plan approval
by the Planning Board.
A.
In no case shall a gasoline filling station or automotive
repair facility be located nearer than 2,000 feet to any existing
gasoline filling station or automotive repair facility or any site
previously approved for such use and not as yet terminated as provided
in this chapter. The distance shall be measured between the nearest
two points located any place on the property boundaries on each parcel
in question.
B.
No gasoline filling station or automotive repair facility
shall be located within 500 feet from any church, school or hospital,
regardless of the district where either premises are located.
C.
Pumps, lubricating and other dispensing devices, except
air pumps, shall be located at least 50 feet from any adjoining lot
line or street right-of-way.
D.
All motor fuel, oil or similar substances shall be
stored at least 25 feet distant from any adjoining lot line or street
right-of-way. In addition, all motor fuel shall be stored underground
and in conformity with the latest edition of the National Fire Codes.
E.
Premises shall not be used for the display of automobiles,
trailers, mobile homes, boats or other vehicles, unless specifically
permitted by Planning Board site plan approval.
F.
Insofar as possible, all repair work will be performed
indoors.
G.
All automobile parts, dismantled vehicles and similar
articles shall be stored within a building.
H.
No inoperative motor vehicle shall be kept on the
premises of a motor vehicle service station for longer than two weeks.
A.
Garage sales are allowed without special permit, provided
that they meet the following standards:
B.
Upon the approval of the Zoning Enforcement Officer,
a seasonal temporary permit may be granted to a farmer in the Rural
(RU) and Residential Low-Density Residential (RLD) Districts for a
temporary or portable covered roadside stand, booth or shed for the
retail sale of farm produce or home industry products, at least half
of which shall have been produced on the premises and the remainder
of which is offered for sale shall have been made or produced within
the Village of Millbrook or Town of Washington.
C.
Nothing in these regulations shall prevent a church,
school, civic association or similar nonprofit organization from holding
a fair, carnival, circus, horse show or similar event, for a period
not exceeding 14 days, upon its premises, the profit of which is for
the sole benefit of said applicant. Upon request, the Village Clerk
may issue a permit to such organization located in the Village or
Town of Washington to hold such an event upon premises other than
those of the applicant.
Provisions in this section apply only to the
General Business (GB) District. They are intended to relax the strict
interpretation of this chapter in certain situations so that small,
pedestrian-oriented retail shops and craft outlets can be developed
within the general business area.
A.
The provisions of the Schedule of Lot and Bulk Requirements,
can be waived by the Planning Board to allow planned pedestrian oriented
business development within the General Business (GB) District.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
B.
Alley commercial development must meet the following
conditions:
(1)
It must be reviewed and approved by local fire authorities
to ensure access of fire-fighting equipment.
(2)
It must account for additional parking demand. use of off-premises parking facilities is permitted. The Planning Board may reduce the parking requirements in § 230-16, provided that such action does not prevent nearby street-oriented businesses from having access to a sufficient supply of public parking spaces.
(3)
It must not be viewed as a way to circumvent the bulk
requirements of this chapter. In general, an alley development will
be a planned concept involving more than one landowner.
The attractiveness of Millbrook encourages economic
stability and growth. The following procedures and standards are presented
in order to promote the attractiveness and economic well being of
the Village:
A.
All sidewalks in the General Business (GB) District
shall be constructed and repaired with concrete. Paving stones, slate,
cobbles and brick may be substituted for concrete, but asphalt is
strictly discouraged.
B.
The use of natural wood, brick, stone or stucco materials
is encouraged on new and rehabilitated structures in the general business
district.
C.
New and renovated buildings should be compatible with
the prevailing architecture. Window patterns, roof pitch, color, materials
and other factors should be considered in the design. Site plan applicants
should be prepared to discuss and justify architectural compatibility.
D.
The Village of Millbrook wants to maintain a safe
and pleasant environment for pedestrians. Site plans should place
a premium on the convenience to pedestrians and to linkage with the
Village's system of sidewalks.
E.
The Planning Board shall review design elements as
an integral component of its assigned responsibilities. The Planning
Board reserves the right to consult on matters of compatibility and
other design elements with organizations such as the Millbrook Beautification
Committee, Millbrook Restoration, Ltd. or with a professional architect.
A.
The Planning Board may grant special permits for the
construction, erection, installation and maintenance of structures
and facilities of essential services upon the furnishing of proof
of public necessity. Therefore, such proof shall require demonstration
that the applicant is a duly constituted public utility, that the
property site is necessary to enable the applicant to render safe
and adequate service and that no alternative sites are available which
could be used with less disruption of the zoning plan. The Planning
Board, in granting such permit, may impose reasonable restrictions
and conditions which will protect private property in the vicinity
and promote the health, safety, morals and general welfare of the
community.
B.
Public utility substations and similar utility structures, where permitted, shall be surrounded by a fence set back from the property lines in conformance with the district bulk regulations. Any use permitted under this section shall conform to the standards of § 230-17, Landscaping, and § 230-14, Performance standards.
A.
No person shall keep or maintain within the limits
of the Village any hazardous materials, dump, refuse or junkyard without
a Village permit.
B.
A permitted junkyard must meet the following conditions:
(1)
It must not exceed 1,000 square feet exterior space
in all zones except the Rural (RU) Zone. It must not exceed 4,000
square feet exterior space in the rural zone.
(2)
It must be fully screened from any public road, park
or other public place and from abutting land owners.
(3)
Screening shall be permanent, through attractive fencing
and landscaping.
(4)
The junkyard shall not threaten surface or subsurface
water sources or in any other way pose a danger to the public health.
A.
The storage of alcohol, gasoline, crude oil, liquefied
petroleum gas or any other highly flammable liquid in aboveground
tanks in an amount greater than 550 gallons shall be permitted only
when such tanks up to and including 10,000 gallons' capacity are placed
not less than 50 feet from all property lines and when all such tanks
of more than 10,000 gallons capacity are placed not less than 100
feet from all property lines. Any such storage having a capacity greater
than 550 gallons shall be properly diked with earthen dikes having
a capacity of not less than 1 1/2 times the capacity of the tank
or tanks surrounded.
B.
The storage of hazardous materials shall comply with
all applicable federal, state and local regulations as they be amended
from time to time.
Except as otherwise provided in this section,
the lawfully permitted use of land or buildings existing at the time
of the adoption of this chapter may be continued, although such use
does not conform to the standards specified by this chapter for the
zone in which such land or building is located. Said uses shall be
deemed nonconforming uses.
A.
Nonconforming use of land. Where no building is involved,
the nonconforming use of land may be continued; provided, however,
that:
(1)
Such nonconforming use shall not be enlarged or increased,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the adoption of this chapter,
unless specifically allowed by other provisions in this section.
(2)
No such nonconforming use shall be moved, in whole
or in part, to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of the adoption of this section.
(3)
If such nonconforming use of land or any portion thereof
ceases for any reason for any continuous period of more than one year
or is changed to a conforming use, any future use of the land shall
be in conformity with the provisions of this section.
(4)
A nonconforming use of land maybe changed only to
use of similar or less nonconforming, as determined by the Zoning
Board of Appeals.
B.
Nonconforming uses of buildings.
(1)
A building or structure, the use of which does not
conform to the use regulations for the district in which it is situated,
shall not be enlarged or extended unless the use therein is changed
to a conforming use.
(2)
Such nonconforming building shall not be structurally
expanded, unless such alterations are required by law; provided, however,
that such maintenance and repair as is required to keep a nonconforming
building or structure in sound condition shall be permitted, and provided
further that any such nonconforming use may be extended throughout
any parts of the building which were arranged or designed for such
use at the time of the adoption of this section.
(3)
A nonconforming use of a building may be changed only
to a use of similar or less nonconformity, as determined by the Zoning
Board of Appeals.
(4)
If any nonconforming use of a building ceases for
any reason (except for that caused by a vacancy) for a continuous
period of more than two years or is changed to a conforming use or
if the building in or on which such use is conducted or maintained
is moved for any distance whatever, then any future use of such building
shall be in conformity with the standards specified by this chapter
for the district in which such building is located. A nonconforming
use which has ceased due to a vacancy must be renewed by application
to the Planning Board before two years has lapsed.
(5)
If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
the land on which such building is located and the subsequent use
of any building thereon shall be in conformity with the standards
specified by this chapter for the district in which such land or building
is located.
C.
Restoration of damaged buildings. If any nonconforming
building or nonconforming use shall be destroyed by any means, it
may be repaired or reconstructed to the same size and on the same
location or at the location specified for new buildings in the district
in which such use is located. All repairs or reconstruction for such
nonconforming use shall be completed within two years of the date
on which the destruction occurred.
D.
Nonconforming uses subject to additional requirements.
In order to bring about the gradual conformance of various incompatible
uses to the requirements of this chapter, the following requirements
are established:
(1)
Completion of buildings under construction. Any building,
the construction of which has been started before the effective date
of this chapter or of an amendment thereto and the ground story framework
of which, including the second tier of beams, has been completed within
one year after the adoption of this chapter, or amendment thereto,
may be completed in accordance with plans on file with the Zoning
Enforcement Officer, provided that such construction is diligently
prosecuted and the building is completed within two years of the adoption
of this chapter.
[Added 5-16-2000 by L.L. No. 2-2000]
A.
Legislative purposes.
(1)
It is the purpose of this section to accommodate
the communication needs of residents and businesses consistent with
applicable federal and state regulations, while protecting the health,
safety and general welfare of the residents of the Village of Millbrook
by:
(a)
Facilitating the provision of wireless telecommunications
and other communications services to the residents and businesses
of the Village while simultaneously preserving the character, appearance
and aesthetic resources of the Village of Millbrook;
(b)
Minimizing the adverse visual effects of telecommunications
towers and facilities through development of locational and approval
criteria;
(c)
Protecting the scenic, historic, environmental,
natural and man-made resources of the Village of Millbrook;
(d)
Preserving the property value of the community;
(e)
Minimizing the undue proliferation and height
of communication towers throughout the community;
(f)
Avoiding potential harm to adjacent persons
and properties from tower failure, noise, falling objects and attractive
nuisances through set-back and height limitations; and
(g)
Encouraging the shared use of existing and approved
towers in order to reduce the number of towers needed to serve the
community where reasonably possible, so as to minimize and mitigate
the adverse visual impacts of towers and their facilities.
(2)
These regulations are intended to be consistent
with the Telecommunications Act of 1996 in that:
(a)
They do not prohibit, or have the effect of
prohibiting, the provision of personal wireless services:
(b)
They are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services;
and
(c)
They do not regulate personal wireless services
on the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
B.
Application of regulations. Telecommunications facilities
regulated and covered under these regulations shall include personal
wireless radio telecommunications facilities using an automated high-capacity
system with two or more multichannel fixed-base stations arranged
as part of an integrated "cellular" system providing radio telecommunications
from the fixed (immobile) base stations to mobile stations. Such personal
wireless radio telecommunications facilities employ low-power transmitting
and receiving and automatic hand-off between base stations of communications
in progress to enable channels to be reused at short distances for
the purposes of voice, data or paging transmission. Cellular systems
may also employ digital techniques such as voice encoding and decoding,
data compression, error correction and time or code division multiple
access in order to increase system capacities. Personal wireless radio
telecommunications facilities (PWRT facilities) shall include cellular
services, personal communication services (PCS), specialized mobile
radio services, and paging services.
C.
CELLULAR COMMUNICATION SYSTEM
PERSONAL COMMUNICATION SYSTEM
SPECIALIZED MOBILE RADIO SERVICES
PAGING SERVICE
COLLOCATION
AS-OF-RIGHT FACILITIES
MONOPOLE TOWER
LATTICE TOWER
ANTENNA
BASE STATION
STEALTH TECHNIQUE
EXEMPT FACILITIES
(1)
(2)
(3)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A radio telecommunications service provided using a cellular
system.
Radio telecommunications services that encompass mobile and
ancillary fixed communications operating at 1.8 to 2.1 GHZ that provide
services to individuals and businesses and can be integrated with
a variety of competing networks.
A radio communication system in which licensees provide land
mobile communication services in the 800 MHZ and 900 MHZ bands on
a commercial basis to entities eligible to be licensed under 47 CFR
90, Federal Government Entities and individuals.
A numeric, text and voice messaging service.
The location of one or more PWRT facilities at a common site.
Those PWRT facilities as described herein which may be installed
and operated subject only to the securing of a building permit for
construction and a certificate of occupancy for operation from the
Village Building Inspector upon furnishing the information and plans
specified by the Building Inspector and this section.
A freestanding tower consisting of a single pole.
A freestanding tower supported by a series of interconnected
struts or stanchions.
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa.
A stationary transmitter that provides radio telecommunications
services to mobile and fixed receivers, including antennas.
A method or methods that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support
structure that is identical to or closely compatible with the color
or appearance of the support structure so as to make the antenna and
related equipment as visually unobstructive as possible.
Transmitting and receiving telecommunications facilities
which are exempt from regulation under this section, and shall include:
Amateur radio and satellite facilities so long
as such facilities are operated by a licensed amateur operator;
Civil emergency facilities; and
Home satellite facilities where installed on
residential premises solely for the use of the residents of that premises
and not offered for re-sale to off-premises locations.
D.
As-of-right facilities.
(1)
In order to encourage the appropriate location
and collocation of telecommunications systems in the Village of Millbrook,
the following PWRT facilities shall be permitted as of right:
(a)
On monopole or lattice towers in existence prior
to the date of this section anywhere in the Village so long as no
change or alteration to the height or appearance of the existing structure
is required.
(b)
On existing structures located anywhere in the
Village so long as no part of the PWRT facility exceeds the height
of the existing structure and so long as no change or alteration to
the height or appearance of the existing structure is required.
(2)
Standards. An as-of-right PWRT facility shall
meet the following additional standards and requirements:
(a)
Towers shall maintain a galvanized steel finish
or, subject to any applicable FAA standards, be painted a neutral
color so as to reduce visual obtrusiveness.
(b)
Towers shall not be artificially lighted.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment shall be of a neutral color identical to or closely compatible
with the color of the supporting structure.
(d)
Except for towers constructed and in use prior
to the effective date of this section, towers which are no longer
in service as part of a PWRT facility network shall be removed within
90 days of the cessation of the use of the tower.
(e)
If an as-of-right PWRT facility has no existing access road, the necessary access road shall meet or exceed the standards set for specially permitted facilities in Subsection E(1)(f) of this section.
(f)
The applicant shall port a security deposit
or bond in an amount satisfactory to the Planning Board and in a form
acceptable to the Village Attorney, to insure:
(3)
Data.
(a)
An application for approval of an as-of-right
PWRT facility shall contain the following:
[1]
All the information ordinarily
required by the Building Inspector for the issuance of the building
permit.
[2]
A map of the proposed PWRT facility prepared in accordance with the requirements of § 230-44C(4) of the Zoning Law.
[3]
A report certifying the electromagnetic
emissions from the PWRT facility will be within the threshold limits
established by the Federal Communications Commission, and certifying
that the proposed facility will not cause interference with existing
communication devices.
[4]
Documentation of intent from the
owner of the existing PWRT facility to allow collocation and shared
used.
[5]
An engineer's report certifying
that the proposed shared use of an existing structure or tower will
not diminish the structural integrity and safety of the existing structure
or tower.
[6]
A completed short EAF and a completed
visual EAF addendum.
[7]
A copy of its Federal Communications
Commission (FCC) license.
(b)
Upon installation of the PWRT facility, the
applicant shall submit to the Building Inspector an as-built survey
of the PWRT facility, including a certification as to the finished
height above ground level of the structure, certified to the Village
of Millbrook by a land surveyor or professional engineer, licensed
to practice in the State of New York.
E.
Specially permitted facilities.
(1)
All PWRT facilities which do not meet the standards for as-of-right locations shall be subject to special permit and site plan approval by the Planning Board pursuant to §§ 230-43 and 230-44 of the Zoning Law shall satisfy the standards for as-of-right facilities as applicable and as set forth above; and in addition, the following standards shall apply:
(a)
In addition to any other authority conferred
under the Village Zoning Law, the Planning Board is authorized to
attach the following conditions on the granting of a special permit/site
plan approval for a PWRT facility;
[1]
Increased setback, sideline and
rear line requirements.
[2]
Utilization of stealth techniques
to minimize the visual impact of the facility.
[3]
Measures to secure the facility
from intruders, including fences and chained entryways.
[4]
Security deposit or bonding in
an amount acceptable to the Planning Board and in a form acceptable
to the Village Attorney to insure:
[a]
The adequate construction of any
access road to the facility.
[b]
The proper maintenance and continued
vitality of the plantings and landscaping done to properly screen
the tower compound from adjacent properties.
[c]
The removal of the tower and ancillary
facilities upon abandonment or decommissioning by the applicant.
[d]
Reclamation of the tower site.
[5]
Collocation. Collocation is required
of telecommunications facilities unless:
[a]
There are no other usable existing
structures in the area for telecommunications facility services.
[b]
Collocation cannot achieve the
minimum reasonable technical needs of the proposed telecommunications
facility.
[c]
Structural or other engineering
limitations, absent reasonable refurbishment, are demonstrated by
clear and convincing evidence to be prohibitive.
[d]
The telecommunications facility,
after thorough and good faith efforts disclosed to the Village, is
unable to secure permission from the tower or structure owner to collocate.
[6]
The clustering of towers and structures
on a common site should be considered if collocation cannot be facilitated.
[7]
Visual appearance.
[a]
Unless such a structure cannot
achieve the applicant's purposes as disclosed in its application and
supporting data, the Planning Board shall have the authority to require
the applicant to furnish an alternative proposal using a tree-like
structure or some other alternative structure at the proposed site
rather than a conventional tower in order to better the least negative
impact on the visual environment.
[b]
The height of any new tower shall
be the minimum required to establish and maintain adequate service,
but in no event shall the height of any new tower exceed three times
the maximum building height for the zoning district in which the tower
is to be located as shown in the Village Zoning Law.
[c]
All equipment shelters and accessory
structures shall be architecturally uniform and no taller than 12
feet.
[d]
All equipment shelters used shall
only be used for housing of equipment related to the particular facility
on the particular site.
[e]
Materials and colors for a proposed
utility structure(s) shall be of an appearance which is compatible
with any surrounding structures and/or vegetation to the maximum extent
practicable and as approved by the Planning Board.
(b)
All towers and monopoles shall be set back from
all property lines, structures habitable by people on the same parcel
as the tower or monopole or aboveground power lines, a distance equal
to 150% of the height of the tower or the minimum setback requirement
for the zoning district in which the tower or monopole is located,
whichever is greater. Towers may be located on lots of less than the
minimum acreage for the district so long as the PWRT facility is unmanned
and can meet the setback, side line and rear line requirements set
forth above.
(c)
No tower or monopole shall be located:
[1]
Closer than 300 feet on a horizontal
plane to any structure, existing at the time of application, which
is, or is able to be, occupied or habitable on the property of any
school (both public and private).
[2]
Closer than 300 feet, on a horizontal
plane, to an existing dwelling unit on a parcel other than the parcel
on which the subject tower or PWRT facility is located, or any day-care
center, hospital, nursing home, church, synagogue or other place of
worship.
[3]
Subject to the provisions of Subsection E(1)(c)[1] and [2] above, the Planning Board shall determine appropriate distance setbacks from any school, power line, dwelling unit or other structures, whether on or off the parcel, on which a tower or monopole shall be based. Visibility of the tower or monopole from such structures and consideration for the safety of the users or occupants of such structures in the event of the structural failure of the tower or monopole shall also be considered.
(d)
Tower facilities shall be landscaped with a
buffer or plant materials that effectively screen the view of the
tower compound from adjacent properties. The standard buffer shall
consist of a landscaped strip at least six feet wide outside the perimeter
of the compound. The plantings shall consist of alternately spaced
evergreens having a height of not less than six feet above the height
of the ground elevation at the time of installation. The Planning
Board may waive these landscaping requirements where the Board determines
that the amount and type of existing on-site vegetation is adequate
to fully screen the facility.
(e)
Existing mature trees and natural land forms
on the site shall be preserved to the maximum extent possible.
(f)
The Planning Board shall review and approve
the plans for construction of any access road or driveway for the
facility and may require the preparation and implementation of an
erosion and sedimentation control plan at the Board may deem appropriate
after referral of the site plans to the Board's consulting professional
engineer for recommendation. A road and parking plan shall be provided
to assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made, provided said use is consistent
with safety and aesthetic considerations. Road construction shall
at all times minimize ground disturbance and vegetation cutting. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and soil erosion potential. Except to the extent that
the Planning Board shall determine to apply its own road criteria
as the same may exist from time to time, the applicant shall adhere
to the standards for unpaved forest roads set forth in New York State
Department of Environmental Conservation Unpaved Forest Road Handbook
- ECH - 8409.11, as the same may be amended or revised from time to
time.
(2)
Data.
(a)
In addition to the information required by §§ 230-43 and 230-44 of the Zoning Law, an application for approval under this section shall contain the following additional information:
[1]
A photo simulation of the proposed
facility as seen from the north, south, east and west from the facility.
The photo simulation shall be keyed to a location map.
[2]
An application for construction
of a PWRT facility shall include a report certifying that the electromagnetic
emissions from the PWRT facility will be within the threshold limits
established by the Federal Communications Commission, and certifying
that the proposed facility will not cause interference with existing
communication services.
[3]
A certification by a licensed professional
engineer as to wind loading and the ability of the supporting structure
to accommodate the facility and any additional users.
[4]
A statement by the applicant as
to all other alternative sites considered, including other alternative
sites not owned or operated by the applicant in any area, and the
reasons for the rejection.
[5]
A statement by the applicant that
locating the facility in an as-of-right location is not practical
or feasible and the reasons supporting that determination.
[6]
A graphic depicting the location
of all of the applicant's existing wireless communication facilities
located in or otherwise serving the Village of Millbrook.
[7]
A graphic depicting the geographic
area to be served by the proposed facility.
[8]
A copy of the applicant's FCC operating
license.
[9]
Documentation from an expert qualified
in the field of telecommunications and radio frequency engineering
showing that the tower and/or facility is needed to provide adequate
coverage to an area of the Village that currently has inadequate coverage;
including a sealed, graphical depiction of the inadequate coverage
area.
(b)
Upon installation of the PWRT facility, the
applicant shall submit to the Building Inspector an as-built survey
of the facility, including a certification as to the finished height
above ground level of the structure, certified to the Village of Millbrook
by a land surveyor or professional engineer licensed to practice in
the State of New York.
(3)
For applications involving tower construction
or modification to accommodate a PWRT facility:
(a)
The applicant shall provide written documentation
of any existing and planned facility sites in the Village of Millbrook
and within a seven-mile radius of the proposed site, in which it has
a legal or equitable interest, whether by ownership, leasehold or
otherwise. For each such facility site, it shall demonstrate with
written documentation that the facility site is not already providing,
or does not have the potential to provide, adequate coverage and/or
adequate capacity to the Village of Millbrook. The documentation shall
include, for each facility site listed, the exact location (in longitude
and latitude, to degrees, minutes and seconds), ground elevation,
height of antennas on tower or structure, output frequency, number
of channels, power input and maximum power output per channel. Potential
adjustments to these existing facility sites, including changes in
antenna type, orientation, gain or power output, shall be specified.
Radial plots from each of these facility sites, as they exist, and
with adjustments as above, shall be provided as part of the application.
(b)
The applicant shall demonstrate with written
documentation that it has examined all facility sites, towers or structures
located in the Village of Millbrook and within a seven-mile radius
of the proposed site in which applicant has no legal or equitable
interest to determine whether those existing facility sites can be
used to provide adequate coverage and/or adequate capacity to the
Village of Millbrook. The documentation shall include, for each facility
site examined, the exact locution (in longitude and latitude, to degrees,
minutes and seconds), ground elevation, height of tower or structure,
type of antennas proposed, proposed antenna gain, height of proposed
antennas on tower or structure, proposed output frequency, proposed
number of channels, proposed power input and proposed maximum power
output per channel. Radial plots from each of these facility sites,
as proposed, shall be provided as part of the application. This report
shall demonstrate good faith efforts to secure shared use from the
owner of such then-existing tower or structure on which a PWRT facility
is then located as well as documentation of the physical, technical
and/or financial reasons why shared use is not practical in each case.
Written requests and responses for shared use shall be provided.
(c)
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWRT facilities in conjunction with all sites listed in compliance with Subsection E(3)(a) and (b) to provide adequate coverage and/or adequate capacity to the Village of Millbrook. Radial plots indicating such consideration shall be provided as part of the application.
(d)
The applicant shall alto submit a three-year
buildout plan for the proposed and other sites within the Village
and within adjacent towns and villages, clearly demonstrating the
applicant's plans for other structures, proposed application and building
dates, and justification for additional structures. Additionally,
the three-year buildout plan must take into consideration known and
potential changes in technology.
(e)
An applicant for a new tower must demonstrate
the structure's ability to handle additional collocators and must
identify the maximum number of collocators which could be supported
on the structure.
(f)
The applicant must submit documentation of intent
from the owner and/or lessee of the facility to allow collocation
and shared use.
F.
Annual certifications. After the issuance of a special
permit, the owner/operator of the facility shall annually (On January
1 of each year) provide certification to the Village of Millbrook
independent licensed engineer (acceptable to the Planning Board) that
the facility is operating in compliance with FCC emission standards
and in compliance with the existing special permit and site plan.
G.
Retention of experts and engineers. Should the Planning
Board, the Village Board or the Zoning Administrator determine it
necessary to retain the services of people within the requisite technical
expertise to assist them in the making of the determinations required
by this section or to perform any testing called for hereunder, they
may retain such assistance and charge the cost thereof to the applicant.
A deposit for the purpose of paying these expenses may be required
of the applicant at the time of application for the special permit
or building permit, as the case may be. If a deposit is not taken
at the time of application and said costs are incurred thereafter,
the applicant shall be charged for them and must pay said charges
as a condition of retaining its special permit or as-of-right use.
H.
Town of Washington proximity. In reviewing cell tower
applications, the Village of Millbrook Planning Board will consider
the impact on the Town of Washington and its cell tower regulations
in case of proximity to the Village border.
[Added 7-27-2010 by L.L.
No. 3-2010]
A.
Intent. A special permit may be granted by the Planning Board to
permit mixed residential and nonresidential uses within multistory
buildings within the GB Zoning District as part of a unified development
on a single lot. It is the specific purpose and intent of this provision
to provide the opportunity for the development of small, rental dwelling
units designed, in particular, to meet the special housing needs of
single persons and couples of low and moderate income, both young
and old. Furthermore, it is the purpose and intent of this section
to allow the more efficient use of the Village's buildings and to
provide additional economic support to small business owners within
the Village.
B.
To help achieve these goals and promote the objectives of the Village,
a special permit is required to establish a mixed-use building within
the GB District, subject to the following provisions:
