Town of Milan, NY Article V Supplementary Regulations

§ 200-16 Applicability.

The supplementary regulations in this Article are in addition to those of § 200-11, Schedule of Use Regulations,[1] and, unless otherwise indicated, shall apply in all zoning districts.

[1] Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.

§ 200-17 Accessory apartments.

A. Purpose. It is the specific purpose and intent of this section of the chapter to allow an accessory apartment, by special use permit, on one- and two-family dwelling lots and in appropriate commercial structures in all districts that allow such structures as permitted principal uses and to provide the opportunity and encouragement for the development of a variety of rental housing units. Furthermore, it is the purpose and intent of this provision to provide economic support for homeowners of limited income and to further the goals of the Town Master Plan by providing options for affordable housing.

B. Districts. Accessory apartments, as defined in Article II, are permitted in the A5A, A3A, R2A, HA and HB Zoning Districts in conformance with this and all other applicable sections of this chapter.

[Amended 6-11-2003 by L.L. No. 1-2003]

C. Owner occupancy. The principal residential structure to which the accessory apartment is to be subordinate must be occupied, at the time of application, as the principal residence of the record owner of title as evidenced by a deed recorded in the office of the Clerk of Dutchess County. Where an accessory apartment is to be located within a permitted commercial structure, or in a separate accessory structure on the same lot as the commercial structure, the owner of the structure in which the apartment is to be built shall also be the principal proprietor of the business located within the commercial structure. No proprietor who is not also the owner of the commercial structure may apply for or rent an accessory apartment.

[Amended 10-20-2014 by L.L. No. 6-2014]

D. Floor area. The minimum floor area of an accessory apartment shall be 300 square feet, but in no case shall the floor area of an accessory apartment within a principal dwelling or commercial structure exceed 25% of the total floor area of that building or 900 square feet, whichever is less, unless, in the opinion of the Zoning Board of Appeals, through the special permit review process, a greater or lesser amount of floor area is warranted by the characteristics of the particular neighborhood building, lot or circumstances of the case.

E. Eligible structures. All one-family dwellings, any two-family dwelling with a valid special use permit for that use, any conforming accessory structure, and any conforming commercial structure shall be eligible for this special use permit whether existing or newly constructed. A detached accessory apartment shall not exceed 75% of the primary dwelling or 2,000 square feet, whichever is less. The detached accessory apartment must remain on the same building lot as the primary dwelling or commercial structure.

[Amended 5-21-2012 by L.L. No. 3-2012; 10-20-2014 by L.L. No. 6-2014]

F. Building integrity. Where a legal accessory apartment is to be added to an existing structure, the original character and appearance of the structure in which the legal accessory apartment is to be located shall be maintained to the greatest extent possible.

G. Expansion of existing structure. An accessory apartment shall be permitted only within an existing one- or two-family dwelling, an existing building accessory to a one- or two-family dwelling or built on the same foundation as a one- or two-family dwelling or conforming commercial structure, and not on any separate foundation. Additions to an existing building to accommodate an accessory apartment shall increase neither the floor area of the building nor the lot coverage of the building by more than 10%.

H. Lot size. The minimum lot size for the principal dwelling or commercial structure and a specially permitted accessory apartment shall conform to the requirements for a one- or two-family dwelling in the zoning district in which the building or buildings are located unless variances are granted for any nonconforming conditions. Buildings not meeting the minimum bulk and area requirements for the district or that are otherwise nonconforming shall not be eligible for a special use permit under the provisions of this section unless variances are granted for any nonconforming conditions.

[Amended 10-12-2004 by L.L. No. 8-2004]

I. Number of dwelling units per lot. Only one accessory apartment per lot shall be permitted. A special use permit for an accessory apartment shall not be issued for a lot where the principal dwelling is other than a permitted one- or two-family dwelling or conforming commercial structure or where a permit for an ECHO unit or other type of specially permitted housing unit is in place. The issuance of a special use permit for an accessory apartment shall not result in the creation of more than three dwelling units on any one lot or, in the case of a commercial structures, the creation of more than one dwelling unit per lot.

J. Parking. One off-street parking space in conformance with § 200-38, Off-street parking and loading, shall be provided for the accessory apartment. However, the Planning Board may require one additional parking space where circumstances warrant. The parking space(s) provided for the accessory apartment are exclusive of the parking requirements for the principal dwelling or commercial structure.

K. Adequacy of infrastructure. The Zoning Board of Appeals may seek the input of the Dutchess County Health Department in determining whether the sewer and water facilities on the site where the accessory apartment is to be located are adequate or contain natural resource constraints to the expansion of such facilities or where the additional occupancy will cause a greater burden on such systems than they were designed to accommodate. Failure to promptly correct any water quality or sewage system problem shall result in revocation of the special use permit. No special use permit shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the principal dwelling or commercial structure is for any reason not capable of handling the additional demand that the accessory unit would impose on it when the water and sewer facilities are to be shared with the principal dwelling unit. Board of Health approval shall be required for separate water and sewer facilities if the accessory dwelling unit will be served by a separate facility from the principal dwelling unit.

[Amended 5-21-2012 by L.L. No. 3-2012]

L. Construction. The accessory apartment shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.

M. Application procedure. Application for a special use permit for an accessory apartment shall be made to the Zoning Board of Appeals in accordance with the standards and procedures set forth in Article VIII, Special Use Permits. All special use permits shall be issued to individuals, not structures, and are subject to the following additional provisions:

(1) Materials to assist the Zoning Board of Appeals in reviewing an application for a special use permit shall include a floor plan of the existing building and proposed accessory apartment, a survey or other appropriate drawing or document showing the location and size of the existing and proposed septic system and well and the structures on the lot, both as they exist and as they would appear with the accessory apartment.

(2) In determining whether to grant the application, the Zoning Board of Appeals shall consider the following factors, in addition to those described in Article VIII, Special Use Permits:

(a) Whether the use will be in harmony with and promote the general purpose of this provision of this chapter.

(b) Whether the use will have a detrimental effect on the surrounding neighborhood and its property values.

(c) Whether the use will foster the most appropriate use of the land.

(d) Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.

(e) Whether the application is consistent with the Town Master Plan.

N. Revocation of special use permit. A special use permit for an accessory apartment may be revoked by the Zoning Board of Appeals after notice and a public hearing, if:

(1) It shall reasonably appear to the Zoning Board of Appeals that the accessory apartment is not in compliance with applicable laws, regulations, codes, ordinances or special permit conditions; or

(2) Any lawful inspection of the accessory apartment by the Building Inspector or Zoning Enforcement Officer is refused or prevented by the owner.

O. Existing accessory apartments. All owners of existing accessory apartments not created in compliance with this chapter shall apply for a special use permit within 12 months of the effective date of this chapter. If application is not made within this period, the owner shall be in violation of this chapter and shall be subject to the penalties provided in § 200-55.

P. Transfer of title. Within 60 days after the transfer of title to premises for which a special use permit has been granted for an accessory apartment, the Zoning Enforcement Officer or Building Inspector shall inspect the premises to determine that the principal residential structure is occupied in accordance with Subsections A through L of this section of this chapter. The Town Tax Assessor shall provide the Zoning Enforcement Officer with notification of transfer of title within 10 days of receipt of such notification. If an owner or occupant refuses permission to the Zoning Enforcement Officer or Building Inspector to inspect the principal dwelling and the accessory apartment established pursuant to this section, or if the Zoning Enforcement Officer determines that all of the applicable provisions of the special use permit have not been complied with, the Zoning Enforcement Officer shall serve a written notice upon the owner or occupant setting forth the conditions found to be in violation and allowing a reasonable time for the owner or occupant to comply. If the owner or occupant fails to comply within the time allowed or if the Zoning Enforcement Officer shall determine that the principal residential structure is not the actual residence of the owner, the Zoning Board of Appeals shall revoke the special use permit and direct that the accessory apartment created pursuant to this chapter be vacated, and the use of the accessory apartment created pursuant to this subsection shall be discontinued.

§ 200-18 Accessory uses, buildings and structures.

A. Accessory structures and buildings, as defined in Article II of this chapter, which are not attached to a principal structure, may be erected in accordance with the following requirements:

(1) An accessory structure or building may be located in the side or rear yard of the lot as long as it is not within 10 feet of an operative septic tank and/or leach field and is in conformance with all other requirements of § 200-12, Schedule of Area and Bulk Regulations.

[Amended 4-22-1996 by L.L. No. 1-1996]

(2) No accessory structure or building shall be located closer to the street than the front yard setback required for a principal building in the district in which such accessory structure or building may be located or in front of the front building line, whichever is the greater setback, unless the accessory structure is to be located in a residential district and is granted an area variance by the Zoning Board of Appeals after considering the impact of such accessory structure using the criteria established in § 200-60F(2). However, no variance shall be required to place an accessory structure or building closer to the street as long as the front setback for the district is maintained.

[Amended 2-14-2005 by L.L. No. 1-2005; 8-16-2021 by L.L. No. 1-2022]

(3) For corner lots, the setback from the side street shall be the same for accessory structures and buildings as for principal buildings.

B. When an accessory structure or building is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building unless variances are granted for nonconforming yard setbacks.

[Amended 10-12-2004 by L.L. No. 8-2004]

C. Accessory uses, buildings and structures are permitted in the zoning districts in accordance with the following:

(1) Very Low-Density Agricultural District (A5A).

[Amended 6-11-2003 by L.L. No. 1-2003]

(a) Accessory use of buildings, as defined in Article II.

(b) Accessory buildings and structures customarily associated with the permitted principal uses of dwellings, buildings and other structures.

(c) Between the yards of a dwelling or farmhouse, outdoor storage of not more than one each of the following: boat, boat trailer, camp/travel trailer, cargo trailer.

(d) Between the yards of a dwelling or farmhouse, a private garage or open parking for operative passenger vehicles of a person residing or visiting on the premises.

(e) Between the yards of a dwelling or farmhouse, playhouse, toolshed or garden shed.

(f) Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-46.

(g) On a farm, open or closed storage of machinery or vehicles customarily associated with farming operation. This, however, shall not be construed to permit the establishment of a junkyard.

[Amended 4-22-1996 by L.L. No. 1-1996]

(h) Off-street parking for commercial vehicles while loading and unloading as required by § 200-39.

(i) Off-street parking and automobile storage space as required by § 200-38.

(j) Signs as permitted by § 200-44.

(k) Temporary structures as permitted by § 200-47.

(2) Agricultural District (A3A).

(a) Accessory use of buildings, as defined in Article II.

(b) Accessory buildings and structures customarily associated with the permitted principal uses of dwellings, buildings and other structures.

(c) Between the yards of a dwelling or farmhouse, outdoor storage of not more than one of each of the following: boat, boat trailer, camp/travel trailer or cargo trailer.

(d) Between the yards of dwelling or farmhouse, a private garage or open parking for operative passenger vehicles of a person residing or visiting on the premises.

(e) Between the yards of a dwelling or farmhouse, playhouse, tool shed or garden shed.

(f) Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-46.

(g) On a farm, open or closed storage of machinery or vehicles customarily associated with farming operations. This, however, shall not be construed to permit the establishment of a junkyard.

[Amended 4-22-1996 by L.L. No. 1-1996]

(h) Off-street parking for commercial vehicles while loading and unloading as required by § 200-39.

(i) Off-street parking and automobile storage space as required by § 200-38.

(j) Signs as permitted by § 200-44.

(k) Temporary structures as permitted by § 200-47.

(3) Low-Density Residential District (R2A).

(a) Accessory use of buildings, as defined in Article II.

(b) Accessory building customarily associated with agriculture on a site of not less than three acres. This shall not be construed to include buildings housing animals or fowl or in any other way accessory to animal husbandry.

(c) Between the yards of a one-family dwelling, outdoor storage of not more than one of each of the following: boat, boat trailer, camp/travel trailer or cargo trailer.

(d) Between the yards of a one-family dwelling, a private garage or open parking for operative passenger vehicles of a person residing or visiting on the premises.

(e) Between the yards of a one-family dwelling, a playhouse, toolshed or garden shed.

(f) Between the yards of a one-family dwelling, private swimming pools not operated for gain, subject to the additional provisions of § 200-46.

(g) Off-street parking for commercial vehicles while loading and unloading as required by § 200-39.

(h) Off-street parking and automobile storage as required by § 200-38.

(i) Signs as permitted by § 200-44.

(j) Temporary structures as permitted by § 200-47.

(4) Highway Business District (HB).

(a) Accessory uses as defined in Article II.

(b) Accessory buildings and structures customarily associated with the principal permitted use.

(c) Off-street parking for commercial vehicles while loading and unloading as required by § 200-39.

(d) Off-street parking and automobile storage as required by § 200-38.

(e) Signs as permitted by § 200-44.

(f) Temporary structures as permitted by § 200-47.

(5) Land Conservation District (LC).

(a) Accessory buildings and structures customarily associated with the principal permitted uses.

(b) Off-street parking for commercial vehicles while loading and unloading as required in § 200-39.

(c) Off-street parking as required in § 200-38.

(d) Temporary structures as permitted in § 200-47.[1]

[1] Editor's Note: Former Subsection C(6), regulating accessory uses in the LI Light Industrial District, which immediately followed this subsection, was repealed 8-13-2007 by L.L. No. 6-2007.

§ 200-19 Alternative care housing facilities.

A. Purpose. It is the intent of the Town of Milan to permit alternative care housing, as defined in Article II, in order to provide housing opportunities for those members of the community who are unable to live independently. It is the further purpose of this section to:

(1) Achieve the integration of alternative care housing residents into the community.

(2) Achieve a well-balanced population through the provision of many kinds of housing options.

(3) Promote a development pattern in harmony with the objectives of the Town's Master Plan.

(4) Control design in such a way as to preserve neighborhood character, promote comprehensive land use planning and protect property values.

B. Districts. Alternative care housing, as defined in Article II, shall be permitted in the A5A, A3A and R2A Zoning Districts.

[Amended 6-11-2003 by L.L. No. 1-2003]

C. Standards. Alternative care housing (ACH) shall conform to all requirements for a single-family dwelling in the zoning district in which the ACH is located. All ACH facilities shall comply in all ways with New York State Mental Hygiene Law and any other applicable local, state or federal laws. In addition, an alternate care housing facility shall comply with the following standards:

(1) An alternative care housing facility, when complete and occupied, shall not result in the substantial alteration of the nature and character of the area in which the alternative care housing facility is to be located.

(2) All alternative care housing facilities shall be similar in appearance to a single-family residence permitted on the site. Alternative care housing facilities shall comply with all lighting and signage requirements as they apply to single-family dwellings.

(3) All alternative care housing facilities and any dwelling units contained therein, shall comply in all ways with the New York State Uniform Building and Fire Code, and shall be subject to the approval of the Dutchess County Health Department.

(4) An area of sufficient size on the lot on which the alternative care housing is located should be reserved to accommodate additional off-street parking where it is determined that such off-street parking is required.

(5) Alternative care housing facilities intended to house more than 14 residents, exclusive of staff members, are discouraged.

D. Procedures.

(1) Applicants for potential ACH projects are advised to seek input from the Town Board prior to site selection and formal notification. The Town Board shall use the standards outlined in Subsection C above in determining the appropriateness of a site. Site selection shall be governed by the procedures and standards outlined in the New York Mental Hygiene Law § 41.34; however, the Town Board or other authorized official may seek the advice of the Planning Board or other appropriate body prior to rendering an opinion on a proposed site. Any response to a request for site selection approval shall be made within 40 days, unless an extension is granted by the sponsoring agency.

(2) Where a separate dwelling unit is proposed in conjunction with an ACH facility, such dwelling unit shall be subject to the standards and procedures of § 200-17, Accessory apartments.

(3) No certificate of occupancy shall be issued prior to an applicant's full compliance with the licensing procedures of the County and State Department of Mental Hygiene, Department of Social Services and the Board of Social Welfare, or any other appropriate County, state or federal agency.

(4) Nothing in this section shall be deemed to permit the construction, alteration or modification of any structure without first obtaining appropriate building permits.

§ 200-20 Bed-and-breakfast dwelling.

A. The following shall apply in addition to all other regulations with respect to bed-and-breakfast dwellings:

(1) A bed-and-breakfast shall be limited to two structures affording overnight accommodations and limited food services to guests, and one of which structures shall be the actual residence of the property owner/applicant.

[Amended 10-20-2014 by L.L. No. 6-2014]

(2) Bed-and-breakfast dwellings shall be owner-occupied and limited to five guest rooms for transient occupancy.

(3) The proprietor of the bed-and-breakfast may serve breakfast meals to guests. However, a public dining room and bar are expressly prohibited.

[Amended 10-20-2014 by L.L. No. 6-2014]

(4) A freestanding or wall mounted sign, visible from the adjacent road, but no larger than two square feet in area, may be used to identify the bed-and-breakfast operation. The sign may also be used to identify the name and logo of any national or regional bed-and-breakfast association or travel reservation service with which the operation is affiliated.

(5) No parking lots or parking areas shall be located closer than 20 feet to any residential property line.

(6) The dwelling or dwellings shall comply with all applicable bulk regulations and other provision of this chapter.

[Amended 10-20-2014 by L.L. No. 6-2014]

§ 200-21 Wireless communications facilities. [1]

[Added 12-11-2000 by L.L. No. 3-2000; amended 10-8-2001 by L.L. No. 4-2001; 1-28-2002 by L.L. No. 1-2002]

A. Purpose.

(1) The purpose of this section is to regulate the location, design, and use of wireless communications facilities in order to:

(a) Protect the health, safety, and general welfare of residents of the Town of Milan.

(b) Establish predictable and balanced regulations for the siting and screening of wireless communications facilities in order to accommodate the growth of communications services within the Town.

(c) Maximize the use of existing towers, tall buildings and other high structures to reduce the number of new towers needed to serve the community.

(d) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

(e) Ensure harmony and compatibility with surrounding land use patterns.

(f) Protect the historic rural character, natural features and irreplaceable scenic qualities of the Town with special attention to open space, mountain ridges, recreation areas, scenic roads, viewsheds and historic sites, through careful design, siting, landscaping, screening and innovative camouflaging techniques.

(2) These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to discriminate among providers of functionally equivalent services, consistent with federal regulations.

B. District regulations.

(1) Use regulations. These regulations govern the installation and/or use of all wireless communications facilities as defined herein. Any proposed user of wireless communications facilities shall be an FCC-licensed provider of wireless communications facilities and must obtain site plan approval and/or a special use permit, whether or not they will install and own the facilities. The construction of a wireless communications facility shall require a building permit in all cases.

[Amended 6-11-2003 by L.L. No. 1-2003]

(a) Permitted uses: existing structures. A wireless communications facility may be permitted to locate on any existing radio or television transmission tower, guyed tower, lattice tower, monopole, fire tower, water tower, clock tower, bell tower, cross tower, flagpole, road sign, steeple, chimney, silo or other innovative use of appropriate existing structures (as determined by the Planning Board), provided that there is no increase in the height of the existing structure as a result of the installation of the facility. Use of radio or television transmission towers, guyed towers, lattice towers, monopoles, or fire towers shall not require a special use permit, unless the use of such tower has been discontinued for a period of one year or more, in which case § 200-21B(1)(d) shall apply. In all cases, site plan approval by the Planning Board is required for the use of existing structures in accordance with § 200-66 of this chapter.

(b) Permitted uses: existing buildings. A wireless communications facility may be permitted to locate on any existing building, with the exception of a designated historic structure, provided that the installation of the new facility does not increase the height of the existing building by more than 10 feet. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 200-66 of this chapter.

(c) Permitted uses: existing utility structures. A wireless communications facility may be permitted to locate on any existing electric utility transmission and distribution tower, telephone pole and similar existing utility structure, provided that the installation of the new facility does not increase the height of the existing structure by more than 20 feet. These facilities may locate in all areas of the Town where they are permitted or specially permitted by Table A, Schedule of Use Regulations, of this chapter, except within 500 feet of a designated historic structure or within 250 feet of the right-of-way of any scenic road as identified in the Town of Milan Comprehensive Plan. Such facilities may locate within 250 feet of the right-of-way of any scenic road, as identified in the Town of Milan Comprehensive Plan, provided the new facility does not increase the height of the existing structure. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 200-66.

(d) Special use permit. A wireless communications facility involving construction of one or more ground-mounts shall require a special use permit. A special use permit may be granted, provided that the proposed use complies with the height, setback, and other requirements of this chapter, the special use permit regulations set forth in Article VIII, is placed to minimize visual and aesthetic impacts, and is placed on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline. The Town of Milan defines the placement, construction, and modification of a wireless communications facility requiring a special use permit as a Type I action under the New York State Environmental Quality Review Act (SEQR).[2]

[1] If an applicant for a special use permit proposes a wireless communications facility which does not meet all dimensional requirements of the Town of Milan Zoning Law, including height, area and bulk regulations, the applicant may, at any point in the review process, apply for an area variance from the Zoning Board of Appeals.

[2] New wireless communications facilities requiring a special use permit shall be prohibited from locating:

[a] Inside or within 500 feet of a hamlet zoning district, unless the provider can demonstrate that adequate coverage cannot be provided by locating such facilities in zoning districts where the use is permitted and only when such facility is fully camouflaged by design (stealth technology) in accordance with § 200-23D(1).

[b] Inside or within 500 feet of a special overlay district, unless such overlay district specifically provides for regulations governing the siting of wireless communications facilities.

[c] Inside or within 500 feet of a critical environmental area, as designated under the State Environmental Quality Review Act (SEQR).

[3] It shall be the responsibility of the holder of the special permit to inform the Town of Milan of any change in or termination of contractual agreements which affect the special use permit within 30 days of such change. Any material change in the conditions under which a special use permit was granted shall result in the immediate termination of the special use permit unless agreement has been obtained from the Planning Board prior to the change. These material changes include but are not limited to:

[a] Changes in supporting structures (such as towers), accessory buildings or access roads.

[b] A change in ownership of the facility or the property on which the facility is installed shall require notification to the Zoning Enforcement Officer by the holder of the special use permit hut will not terminate such permit.

[c] Cessation of use by the FCC-licensed carrier which has a special use permit for use of the facility.

[d] A change in the FCC-licensed user of the specially permitted facility. Nothing herein shall prohibit another FCC-licensed carrier from using the facility so long as that carrier provides evidence of need to use that facility and acquires a special use permit under this chapter.

[e] Loss of the user's FCC-license to provide commercial communications services within the Town of Milan.

[f] Violation of the Town of Milan Zoning Law, on or with regard to the facility by the holder(s) of the special use permit or the owner of the land on which the facility is installed.

[2] Editor's Note: See Article 8 of the New York State Environmental Conservation Law.

(2) Location. Wireless communications facilities shall only be located, upon the grant of site plan approval and, as applicable, a special use permit, on property which allows wireless communications facilities as set forth in Table A,[3] Schedule of Use Regulations, of this chapter. Applicants seeking approval for wireless communications facilities shall comply with the following:

(a) New wireless communications facilities shall be located on existing structures, including but not limited to buildings, water towers, existing communications facilities, silos, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more wireless communications facilities. If an existing tower or other structure is not feasible, the applicant shall have the burden of proving that there are no feasible existing structures on which to locate.

(b) If the applicant clearly proves that it is not feasible to locate on an existing structure, wireless communications facilities shall be designed so as to be camouflaged to the greatest extent possible, including hut not limited to the use of compatible building materials and colors, screening, landscaping, placement within trees, and the use of stealth technology to disguise the facility as specified in § 200-21D(1)(a)[2] and as determined by the Planning Board.

(c) The applicant must submit documentation of the legal right to install and use the proposed facility mount at the time of application for site plan approval amid/or special use permit.

[Amended 4-18-2022 by L.L. No. 5-2022]

[1] Authorization from the owner of property on which any wireless communications facility will be installed shall be provided verifying the granting of access and permission for the installation of all equipment and facilities on property.

[2] Certification of a licensed professional engineer that any supporting poles and foundation are properly sized and have sufficient strength to accommodate the equipment structural loads, including, but not limited to, weight, wind, ice and seismic activities in accordance with the NYS Building Code.

[3] Editor's Note: Table A is located at the end of this chapter.

(3) Dimensional requirements. Wireless communications facilities shall comply with the following requirements:

(a) Height. The total height of any mount or accessory elements attached to any structure shall be measured from the ground level to the top of the mount or the top of the uppermost accessory affixed to the mount, whichever is higher. Maximum height of a wireless communications facility is limited to 80 feet above ground level (AGL) in cleared areas where there are less than 20 trees within 100 feet surrounding the proposed location. If there are at least 20 trees within 100 feet surrounding the proposed location, the total height of the proposed facility shall be limited to 25 feet above the average tree canopy, or 100 feet, whichever is lower.

(b) Height variance. The Zoning Board of Appeals may allow wireless communications facilities up to 150 feet if an independent radio frequency consultant determines that adequate coverage would not be provided by a tower of lesser height and if the applicant can demonstrate that, based upon topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the facility will be de minimis. The height limitation is waived when the antenna is mounted on an existing structure or building and is completely camouflaged, or is located on an existing utility structure. Applicants may be required to achieve coverage objectives by using multiple existing or new structures rather than taller structures, which shall not exceed the height limitations in § 200-21B(3)(a).

(c) Setbacks. All wireless communications facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:

[1] To ensure public safety, the minimum distance from the base of any ground-mounted wireless communications facility to any property line, road, habitable dwelling, business or institutional use, accessory structure, or public recreation area shall be the height of the facility/mount, including any antennas or other appurtenances. This setback is considered the fall zone. Additional setbacks may be required by the Planning Board to provide for the public safety.

[2] In the event that an existing structure or building is proposed as a mount for a wireless communications facility, a fall zone shall not be required unless the Planning Board finds that a substantially better design will result from an increased setback. In making such a finding, the Planning Board shall consider both the visual and safety impacts of the proposed use.

(d) All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the supporting pole.

[Added 4-18-2022 by L.L. No. 5-2022]

C. Performance standards. All wireless communications facilities shall comply with the performance standards set forth in this section.

(1) Camouflage. Wireless communications facilities shall be the least obtrusive and the most appropriate to the proposed site, as determined by the Planning Board.

(a) All wireless communications facilities shall be designed to blend into the surrounding environment through the use of design and color except in such instances where color is dictated by federal or state authorities such as the Federal Aviation Administration.

(b) A wireless communications facility which is roof-mounted on a building shall be concealed within or behind existing architectural features to limit its visibility from public ways and shall be stepped back from the front facade in order to limit its impact on the building's silhouette.

(c) A wireless communications facility which is side-mounted on a building shall be painted or constructed of materials to match the color of the building material directly behind it.

(d) The Planning Board may require the use of stealth technology to camouflage ground-mounts, as specified in § 200-21D(1)(a)[2], where appropriate.

(2) Lighting. Wireless communications facilities shall not be artificially lighted or display strobe lights unless required by the Federal Aviation Administration (FAA) or other applicable authority.

(3) Noise. Roof-mounted or side-mounted equipment for wireless communications facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna, including standby power generation equipment.

(4) Radio frequency radiation (RFR) standards. All equipment proposed for a wireless communications facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio-Frequency Radiation (FCC Guidelines). The owner of the facility shall submit evidence of compliance with the FCC standards on a yearly basis to the Town Board. If new, more restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or the Planning Board may restrict continued operations. The cost of verification of compliance shall be borne by the owner and/or operator of the facility.

(5) In the event that installation of a proposed wireless communications facility requires disturbance to surrounding land, the applicant shall be responsible for restoring the site to its original condition.

[Added 4-18-2022 by L.L. No. 5-2022]

D. Special use permit regulations. All wireless communications facilities requiring a special use permit shall comply with the regulations set forth in this section, in addition to those found in § 200-61.

(1) Design standards.

(a) Camouflage. Wireless communications facilities shall be camouflaged by vegetation and/or design as follows:

[1] Camouflage by vegetation. If wireless communications facilities are not camouflaged from public viewing by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless communications facilities shall provide a vegetative buffer of sufficient height and depth to effectively screen the entire facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Planning Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. Such buffer shall be maintained in a healthy state or replaced as necessary to provide continuing camouflaging.

[2] Camouflage by design. To the extent that any wireless communications facility extends above the height of the vegetation immediately surrounding it, the facility shall be camouflaged by design to minimize the adverse visual and aesthetic impact unless otherwise required by the Planning Board. Wireless communications facilities shall be camouflaged to resemble or mimic a native coniferous species of tree such as Balsam fir, Canadian hemlock, or Colorado blue spruce, among others, or by other means such as new construction of a silo, flagpole, clock tower, bell tower, cross tower, steeple or other innovative replication of a structure that would be consistent with the character of the community as determined by the Planning Board.

(b) Lighting. Wireless communications facilities shall not be artificially lighted or display strobe lights unless required by the Federal Aviation Administration (FAA) or other applicable authority. Security lighting of equipment structures and other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all such light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.

(c) Signs.

[1] Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No advertising is permitted anywhere on the facility, with the exception of the identification signage. All signs shall comply with the requirements of the Town's sign regulations.

[2] All ground-mounted wireless communications facilities shall be surrounded by a security barrier, which shall be posted with no trespassing signs. A twenty-four-hour emergency telephone number, containing the facility operator's or manager's name, shall be posted adjacent to the entry gate. If high voltage is necessary for the operation of equipment within the facility, signs shall be posted stating "Danger--High Voltage."

(d) Equipment shelters. Equipment shelters for wireless communications facilities shall be designed consistent with one of the following standards:

[1] Equipment shelters shall be located in underground vaults; or

[2] Equipment shelters shall be designed to be architecturally compatible, both in style and materials, with principal structures on the site, as determined by the Planning Board; or

[3] Equipment shelters shall be camouflaged behind an effective year-round landscape buffer equal to the height of the proposed building. The Planning Board shall determine the types of plant materials and depth of the needed buffer based on site conditions. Such buffer shall be maintained in a healthy state or replaced as necessary to provide continuing camouflaging.

(e) Accessory structures. Accessory structures for wireless communications facilities shall be permitted if the structures are constructed for the sole and exclusive use and operation of the communications facility, are the minimum size necessary to meet the needs of the specific site, and meet the following requirements:

[1] Accessory structures may not include office, long-term vehicle storage, other outdoor storage or other uses that are not needed to send or receive wireless communications transmissions.

[2] Accessory structures must be less than 500 square feet and 15 feet in height.

[3] Accessory structures must be camouflaged behind an effective year-round landscape buffer equal in height of the proposed structure. Such buffer shall be maintained in a healthy state or replaced as necessary to provide continuing camouflaging.

[4] In residential zones, the use of compatible building materials such as wood, brick or stucco is required for all accessory structures, which shall be designed to architecturally match the exterior of residential structures in the neighborhood, as determined by the Planning Board. In no case will metal siding be allowed for accessory structures.

(f) Scenic landscapes and vistas. Wireless communications facilities that are not camouflaged shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in § 200-21D(1)(a)[2], all ground-mounted wireless communications facilities shall be surrounded by a buffer of dense tree growth or shall be camouflaged by design to minimize adverse visual and aesthetic impacts.

(g) Utility service lines. All electric power supply and telephone service lines to new towers and accompanying facilities shall be installed underground from the existing power source.

(h) Access and parking.

[1] A road and parking plan shall be provided to ensure adequate emergency and service access and shall meet the requirements of the Planning Board. Any driveway shall meet the requirements of the Planning Board and the highway authority for the road on which the driveway fronts.

[2] Maximum use of existing public and private roads shall be made consistent with safety and aesthetic considerations.

[3] Road construction shall minimize ground and vegetation disturbance. Road grades shall follow natural contours to reduce soil erosion potential and to ensure that roads are aesthetically compatible with the character of the surrounding area.

[4] The Planning Board may require an erosion and sedimentation control plan and may refer the site plan to the Dutchess County Soil and Water Conservation District, Town Engineer, and/or Town Planner for review.

[5] Unpaved roads shall be considered unless conditions require paving, as determined by the Planning Board, in consultation with the appropriate authorities or consultants.

(i) Maintenance, testing and inspection.

[1] The original appearance of the exteriors of all towers, accessory buildings and any other structures must be retained through regular maintenance by the applicant.

[2] Before commercial transmission begins, the applicant shall acquire certification by a licensed professional engineer that the facility will not exceed the maximum permissible exposure limits for the level of electromagnetic radiation using standards in accordance with the FCC Guidelines.

(j) Removal of facilities.

[1] Towers and antennas shall be removed if the owner's or user's special use permit for these facilities has expired or been terminated or if the facilities are no longer being used by the FCC licensee. Towers and antennas shall be removed if there is not at least one operator with a valid special permit using the tower. Potential or planned future use of any facility for commercial communications service is not sufficient to avoid the requirement for removal.

[2] If the removal of towers and antennas is required, accessory buildings and other structures shall also be removed unless:

[a] The landowner wishes to retain these structures and communicates this in writing to the Planning Board; and

[b] The retention of these structures will comply with the Zoning Law; and

[c] The Planning Board agrees that removal of these structures is not required.

[3] Each applicant seeking a special use permit for a wireless communications facility shall provide a written contract with the Town of Milan agreeing to be fully responsible for removal, and indemnifying the Town for the costs of removal, of antennas, accessory buildings and supporting structures, such as towers, when removal is required by the Town of Milan Zoning Law.

[4] If a proposed wireless communications facility will be owned by an entity other than an FCC-licensed carrier which will use that facility, the carrier shall provide to the Planning Board a copy of a contract between the facility owner and the FCC-licensed carrier in which the owner agrees to remove the facility, including any tower, antennas and accessory structures, and indemnify the Town for the costs of such removal, when these facilities are no longer being used by an FCC-licensed operator with a valid Town of Milan special use permit.

[5] A decision to require removal shall be the responsibility of the Planning Board after consulting with the Zoning Enforcement Officer and the Town Attorney. Removal shall occur within 90 days of the Planning Board's decision to require removal unless the Planning Board has agreed to an extension of that time. If not removed within the designated period, the Town shall have the right to compel removal, with all costs to be borne by the special permit holder who owns and/or previously used the facilities. Removal costs may also be recovered from the owner of the tax parcel on which the facilities are located.

[6] When towers are removed, site reclamation shall be completed to the satisfaction of the Planning Board within 180 days of structure removal. Reclamation shall include landscaping, removal of structures, utility lines and accessory structures and shall encompass the building site and buffer area controlled by the facility owner.

(k) Bonding. Before obtaining or renewing a special use permit, the applicant shall provide financial surety in an amount acceptable to the Town Board (in consultation with the Planning Board and the Attorney for the Town) to ensure full and complete performance of all conditions imposed by the Planning Board as a requirement of the special use permit.

(2) Environmental standards.

(a) Wireless communications facilities shall not be located in wetlands or in regulated wetland buffer areas, in endangered or threatened species habitats, water bodies, historic or archaeological sites.

(b) No hazardous waste shall be discharged on the site of any wireless communications facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

(c) If applicable, additional stormwater runoff generated by the use shall be contained on site.

(d) Ground-mounted equipment for wireless communications facilities shall not generate noise in excess of 50 dB at the property line, including standby power generation equipment.

(3) Safety standards.

(a) Radio frequency radiation (RFR) standards. All equipment proposed for a wireless communications facility shall be authorized per the FCC Guidelines. The owner of the facility shall submit evidence of compliance with the FCC Guidelines on a yearly basis to the Planning Board. If new, more restrictive, standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or continued operations may be restricted by the Planning Board. The cost of verification of compliance shall be borne by the owner and operator of the facility.

(b) Security barrier. All wireless communications facilities shall be provided with security measures such as fencing, anti-climbing devices, electronic monitoring, or other methods sufficient to prevent unauthorized entry and vandalism. Fencing shall include a locking security gate. Electrified fence, barbed or razor wire shall be prohibited. Chain-link fencing shall include the use of screening slats of an earth-tone color.

(c) Structural soundness and fall zone. Wireless communications facilities shall be designed by a licensed professional engineer to withstand overturning and failure. In the event of failure, facilities shall be designed so that they will fall within the setback area of the site and/or away from adjacent residential properties. The Planning Board shall require a foundation design and certificate of safety from the carrier to document structural soundness.

E. Application procedures.

(1) The Planning Board is authorized to review and approve, approve with modifications, or disapprove site plans and special use permits pursuant to Articles VIII and IX of the Zoning Law. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, mount, or equipment structure(s). Any decision by the Planning Board to deny or approve a request to place, construct, or modify wireless communications facilities shall be in writing and supported by substantial evidence. In cases of site plan and/or special use permit approval or conditional approval, the approval shall be deemed terminated if construction is not commenced within six months of such action, unless the applicant demonstrates that there are no changed circumstances and the approval or conditional approval is reviewed and extended for a period not exceeding six months by the Planning Board in accordance with § 200-69D of the Zoning Law.

[Amended 6-11-2003 by L.L. No. 1-2003]

(2) Application filing requirements: site plan approval. All applicants for a wireless communications facility shall fulfill the site plan requirements of § 200-66 of the Zoning Law and shall, in addition, provide the following:

(a) Proof that the applicant or co-applicant is an FCC-licensed carrier.

(b) A statement, certified by a professional engineer and approved by the Planning Board, that the installation of the proposed antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety communications.

(c) A statement, certified by a professional engineer and approved by the Planning Board, documenting the structural soundness of the wireless communications facility.

(d) Proof that the wireless communications facility shall be fully automated and requiring only occasional maintenance of the facility and site.

(3) Application filing requirements: special use permit. Applicants for a special use permit for a wireless communications facility shall fulfill the requirements of a Type I action under SEQR and shall, in addition, provide the following:

(a) A survey of all existing structures, buildings and utility structures within the Town outlining the opportunities for the use of these existing structures and buildings as an alternative to the proposed site. The applicant must demonstrate that the proposed wireless communications facility cannot be accommodated on an existing structure, building or utility structure. In the event that location on an existing structure, building or utility structure is not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Planning Board. The Planning Board may hire independent technical expert(s) in the field of radio frequency engineering to verify if location on an existing structure, building or utility structure is not feasible and to evaluate the need for the proposed facility. The cost for such a technical expert(s) shall be at the expense of the applicant and shall be fair and in line with similar costs in other communities. The failure of an applicant to demonstrate a good-faith effort to collocate may be grounds for denial of the special use permit.

(b) A Town-wide map showing the locations of all existing and future wireless communications facilities in the Town for this carrier. The applicant must demonstrate the need for the proposed facility, showing the impracticality of upgrading or expanding an existing site, and must project long-range facility expansion needs within the Town based on market demand. The Planning Board may hire an independent technical expert in the field of RF engineering to evaluate the impracticability of upgrading or expanding an existing site. The cost for such a technical expert shall be at the expense of the applicant and shall be fair and in line with similar costs in other communities. The failure of an applicant to demonstrate a good-faith effort to demonstrate the impracticality of upgrading or expanding an independent site may be grounds for denial of a special use permit.

(c) Proposed location of antenna, mount and equipment shelter(s), with total elevation dimensions and AGL of the highest point, including latitude and longitude of the proposed mount.

(d) Proposed security barrier, indicating type and extent as well as point of controlled entry.

(e) Drawings, dimensioned and to scale, which show the ultimate appearance and operation of the wireless communications facility at full buildout, including representations of the proposed mount, antennas, equipment shelters, cable runs, driveways, parking areas and any other construction or development attendant to the wireless communications facility. If the security barrier will block views of the wireless communications facility, the barrier drawing shall be cut away to show the view behind the barrier. If any portion of the proposed location of the facility is within a municipal right-of-way, the site plan shall show the legal bounds of the right-of-way and a drawing of the location of all equipment within the right-of-way, including the location of any buried conduit.

[Amended 4-18-2022 by L.L. No. 5-2022]

(f) Materials of the proposed facility specified by generic type and specific treatment. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier. Specific stealth products and features shall be provided.

(g) Colors of the proposed facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well and cable runs, and security barrier.

(h) Landscape plan including existing trees and shrubs that would provide screening of the proposed facility, by dominant species and current height and those proposed to be added, identified by size of specimen at installation and species.

(i) The following material shall be provided to allow the Planning Board to determine the level of visual impact and the appropriateness of the facility:

[1] Existing (before condition) color photographs of views of the site from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, scenic roads and scenic viewsheds identified in the Town of Milan Comprehensive Plan, and from any other location where the site is visible to a large number of residents or visitors. The Planning Board shall determine the appropriate key viewpoints from which the site shall be photographed.

[2] Proposed (after condition) simulations. Each of the existing condition photographs shall have the proposed wireless communications facility superimposed onto it to show what would be seen from the key viewpoints if the proposed facility were built.

(j) Within 30 days of filing an application for a special use permit, the applicant shall arrange to fly, or raise upon a temporary crane, a six-foot brightly colored balloon at the subject site to illustrate the height of the proposed facility. The dates (including a second date in case of poor visibility or unfavorable wind conditions), times, and location of such tests shall be advertised in the official newspaper of the Town at seven and 14 days prior to the tests. The applicant shall meet with the Planning Board prior to arranging for the balloon tests to review and agree upon acceptable dates, times and locations from which the photographs shall be taken.

(k) A photometric plan of all lighting on the site, including tower lighting if required.

(l) The Planning Board may waive one or more of the application filing requirements of this subsection [§ 200-21E(3)] if it finds that such information is not needed for a thorough review of a proposed wireless communications facility, based upon a specific request by the applicant.

(4) Application fee. In addition to other relevant fees outlined in the Town of Milan Fee Schedule,[4] the applicant shall pay an application fee of $1,000 for wireless communications facilities requiring site plan approval and $2,500 for wireless communications facilities requiring a special use permit, or other amount for application fees as indicated in the Town of Milan Fee Schedule, due upon submission of the application to the Planning Board, to defray the costs of review of the application by the Town.

[Amended 6-11-2003 by L.L. No. 1-2003]

[4] Editor's Note: See Ch. A208, Fees.

(5) Consultant fees. The Planning Board and/or Zoning Board of Appeals may retain consultants to assist in reviewing the application, its renewal, or an application for a variance related to a pending application, with consultant fees to be paid by the applicant. These consultants may include the Town Engineer, Town Planner, the Town's Attorney, one or more commercial communications facility consultants, or other consultants as determined by the Planning Board and/or Zoning Board of Appeals. At the beginning of the review process the applicable board may require the applicant to fund a separate escrow account from which the Town may draw to ensure reimbursement of consultant fees. During review of the application, the applicable board may require the applicant to add funds to the escrow account, as the applicable board deems necessary. If the required funds are not added to the escrow account, review of the application by the applicable board shall be suspended until such time, if any, as payment of said funds is made. Any remaining funds in the escrow account after payment of all consultant fees will be returned to the applicant.

F. Collocation requirements. All wireless communications facilities requiring a special use permit shall comply with the following requirements:

(1) Location of other facilities.

(a) Applicants shall provide a Town-wide map showing the location of other existing, approved, and proposed wireless communications facilities within the Town of Milan and all bordering municipalities, outlining opportunities for collocation use as an alternative to the proposed site. The applicant must demonstrate that the proposed wireless communications facility cannot be accommodated on an existing, approved, or proposed communications tower, structure or facility due to one or more of the following reasons:

[1] The antenna would exceed the structural capacity of the existing, approved, or proposed wireless communications facility, as documented by a qualified professional engineer, and the existing, approved, or proposed facility cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.

[2] The antenna would cause interference materially impacting the usability of other existing, approved or proposed antenna at the facility as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

[3] Existing, approved, or proposed wireless communications facilities cannot accommodate the antenna at a height necessary to function as documented by a qualified professional engineer.

[4] Other foreseen reasons that make it not feasible to locate the antenna upon an existing, approved, or proposed wireless communications facility.

(b) In the event that collocation is not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Planning Board. The Planning Board may hire independent technical expert(s) in the field of RF engineering, to verify if collocation is not feasible and to evaluate the need for the proposed facility. The cost for such a technical expert(s) shall be at the expense of the applicant and shall be fair and in line with similar costs in other communities.

(2) Provision for new facilities.

(a) Any proposed ground-mounted wireless communications facility shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the mount is over 100 feet in height or for at least one additional user if the mount is over 60 feet in height. Mounts must be designed to allow for future rearrangement of antennas upon the mount and to accept antennas mounted at varying height.

(b) The applicant shall submit to the Planning Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed facility by any wireless service providers in the future. The issuance of a permit (assuming the facility is approved according to this section), shall commit the new facility owner and his/her successors in interest to:

[1] Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

[2] Negotiate in good faith concerning future requests for shared use of the new facility by other wireless service providers.

[3] Allow shared use of the new facility if another wireless service provider agrees in writing to pay charges.

[4] Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the facility to accommodate a shared user without causing electromagnetic interference.

(3) Intermunicipal cooperation. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing wireless communications facility in a neighboring municipality be considered for shared use, the Planning Board shall require that:

(a) An applicant who proposes a new wireless communications facility shall notify, in writing, the legislative body of each municipality that borders the Town and the County Planning Board. Notification shall include the exact location of the proposed facility and the general description of the project, including, but not limited to, the height of the facility and its capacity for future shared use.

(b) Documentation of this notification shall be submitted to the Planning Board at the time of application.

G. Modifications. A modification of a wireless communications facility may be considered equivalent to an application for a new facility and will require a special use permit when the following events apply:

(1) The applicant intends to alter the terms of the special use permit by changing the number of facilities permitted on site or by changing the technology used for the facility.

(2) The applicant intends to add any equipment or additional height not specified in the original special use permit.

H. Monitoring and maintenance. The applicant shall maintain the wireless communications facility in good condition, including, but not limited to, structural integrity of the mount and security barrier, painting, maintenance of stealth technology camouflaging, and maintenance of the buffer areas and landscaping. Communications facilities over 100 feet in height shall be inspected annually by a professional engineer approved by the Planning Board, and a copy of the inspection report shall be submitted to the Town of Milan Building Inspector.

I. Abandonment or discontinuation of use.

(1) Any wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the facility shall physically remove it within 90 days of a receipt of notice. "Physically remove" shall include, but not be limited to:

(a) Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(b) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(c) Restoring the location of the facility to its natural condition, with the exception of landscaping and grading.

(2) If the carrier fails to remove the facility in accordance with this section of the Zoning Law, the Town will have the authority to enter the property and remove the facility, with the costs of removal assessed against the property.

J. Term of special use permit.

(1) A special use permit issued for any wireless communications facility shall be valid for five years. At the end of that time period, the carrier shall remove the wireless communications facility or a new special use permit shall be required. In reviewing the new application for a special use permit, the Planning Board shall determine whether the technology in the provision of the facility has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.

(2) Upon initial issuance of a special use permit, the new facility shall be put into operation within two years of the Planning Board approval of the special use permit. If the facility is not in operation within this time frame, the special use permit shall expire. The project will be reviewed as a new application if the special use permit is allowed to expire.

K. Insurance.

[Amended 4-18-2022 by L.L. No. 5-2022]

(1) A holder of a permit for a wireless communications facility shall secure and maintain public liability insurance for personal injuries, death, and property damage, and umbrella insurance coverage for the duration of the permit in amounts as set forth below:

(a) Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;

(b) Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;

(c) Workers compensation and disability: statutory amounts.

(2) The commercial general liability insurance policy shall specifically include the Town and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

(a) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of New York and with a Best's rating of at least A.

(b) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town Clerk and Building Inspector with at least 30 days' prior written notice in advance of the cancellation of any insurance policy.

(c) Renewal or replacement policies or certificates shall be delivered to the Town Clerk and Building Inspector at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(d) Before construction of a permitted wireless communication facility is initiated, but in no case later than 15 days after the grant of the permit hereunder, the holder of the permit shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

(3) Indemnification.

(a) Any application for a wireless communications facility that is proposed on Town-owned property shall contain a provision requiring the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of the facility, excepting, however, any portion, of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorney's fees, consultant's fees, and expert witness fees are included in those costs that are recoverable by the Town.

(b) Notwithstanding the requirements noted in Subsection K(2)(a) of this section, an indemnification provision will not be required where the Town itself applies for and secures a permit for a wireless communications facility.

[1] Editor's Note: Former § 200-21, Town Center District (TC), which placed an interim moratorium on land use development activity within the TC District, added 4-19-2000 by L.L. No. 1-2000, was repealed 5-9-2001 by L.L. No. 3-2001.

§ 200-22 Cluster development.

Cluster development is a subdivision development approach in which building lots may be reduced in size and building units sited closer together, usually grouped into various cluster areas, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations.

A. Purpose. It is the intent of this section of this chapter to:

(1) Preserve the Town's natural resources and drainage systems and provide open space.

(2) Permit flexibility in land development and concentration of dwelling units on the most buildable portion of sites.

(3) Allow for residential development which is in harmony with the rural character of the Town of Milan while guiding development away from sensitive lands and active or potential agricultural lands.

(4) Facilitate the economical provision and maintenance of streets and services, as well as minimize the impacts of clearing and development.

(5) Provide a broader range of housing types and site design and encourage moderately priced housing units as a result of reduced site costs, road and infrastructure costs and size of parcels/units.

B. Authority. Authorization is hereby granted to the Planning Board, Town of Milan, pursuant to § 281 of New York State Town Law, to vary the zoning requirements as to lot size, lot width, yard and other bulk requirements in connection with a proposed subdivision plat, subject to the standards and procedures contained herein. Such variations shall result in a cluster subdivision and may be applied in any residential zoning district. The Planning Board is further authorized under § 281 of New York State Town Law to require the use of the cluster concept when it finds that the intention of this chapter and the Subdivision Regulations[1] to preserve significant open space resources and protect important natural resources will be accomplished. The Planning Board may require the use of the cluster concept when one or more of the following conditions exists:

(1) Important ground or surface waters, wetlands, floodplains, steep slopes and unique or locally important natural or historical areas exist on the parcel.

(2) The number of new roads or driveways obtaining access from existing roads will be reduced.

(3) Agricultural soils of regional or local importance exist on the parcel.

(4) An active agricultural operation or crop land exists on the parcel.

(5) Preservation of important views or community open space will be ensured.

(6) The land to be developed is contiguous to a recreational area(s), parkland or permanently protected open space or has the potential to be converted to such uses.

(7) The specific goals and policy recommendations of the Master Plan will be accomplished.

(8) Significant environmental impacts identified through the State Environmental Quality Review Act (SEQR) may be mitigated.

[1] Editor's Note: See Ch. 177, Subdivision of Land.

C. Lot count. The permitted number of dwelling units may not exceed the number which could be permitted, taking into consideration natural and man-made constraints, if the parcel(s) were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations[2], Dutchess County Department of Health regulations, and all other applicable laws and standards. The basis for this determination will be a conventional subdivision sketch layout for the subject parcel(s) and any other information as may be required by the Planning Board.

[2] Editor's Note: See Ch. 177, Subdivision of Land.

D. Site design. The cluster subdivision option will allow parcels of land to be divided into lots that consist of different bulk/lot dimensions than a conventional subdivision. Therefore, the Planning Board shall review specific design criteria for the cluster development sites. such as the proposed layout of residential structures, paved areas (roads, driveways, sidewalks), landscaping, common open space areas and integration of the proposed cluster development into the natural topography and contour lines. The site design criteria shall be reviewed by the Planning Board at the preliminary plat phase of the subdivision process.

E. Bulk requirements. If the proposed cluster development is within the boundaries of a Hamlet (HA) Zoning District, the bulk requirements specified in this chapter for HA Districts shall apply, rather than the following standards. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions and uses shall also be applicable to a cluster subdivision:

(1) Minimum lot area per dwelling unit: to be determined by the proposed provision of water and sewer facilities, physical constraints of the property and location of the cluster development.

(2) Yards (minimum requirements):

	Type of Yard	Single-Family Detached (feet)	Attached or Semidetached (feet)
	Front	30	30
	Rear	40	40
	One side	0	0
	Both sides	30	30*

	NOTE:
	* At side of any groupings

F. Additional standards. In addition to the bulk regulations above, the Planning Board shall ensure that:

(1) All dwelling units shall be owned separately by individual owners and that common property is properly and legally governed through a homeowners' association complying in all ways with the requirements of the New York State Attorney General's Office or other appropriate agreement(s).

(2) Common driveway access may be provided to the extent practicable and that maintenance is provided through a legally binding agreement. No more than four units may take access from a single common driveway.

(3) A pedestrian circulation and/or trail system is designed and installed sufficient for the needs of residents and, where appropriate, is made accessible to nonresidents.

(4) Water supply, sewage disposal and stormwater management facilities shall be designed by a licensed engineer in accordance with the requirements of the Town of Milan and the Dutchess County Health Department, which shall not connect more than four dwelling units to the water supply, sewage disposal and stormwater management facilities. Underground facilities may be located in areas to be set aside as permanent open space.

(5) At least 40% of the total area being subdivided shall be reserved as permanently protected open space. There shall be no open space land within a cluster subdivision that is not either governed by an easement or part of a parcel held privately by an individual homeowner. The following standards will be applied to open space within a cluster subdivision:

(a) Any open space shall be integral to the overall design of the project.

(b) Open space shall be designed so that it is easily accessible and desirable for all residents of the subdivision. To the extent practicable, every homeowner shall have direct access to the open space.

(c) Wherever possible, especially when the Town Master Plan or other pertinent plans specify, open space resulting from a cluster subdivision shall be connected and integral to existing public parks, recreation areas or trail systems.

(d) Areas of natural significance, including floodplains, wetlands, important plant and animal habitats and slopes of 15% and greater, shall be incorporated to the greatest extent practicable in open space parcels.

(e) Where it exists, prime or active agricultural land shall be preserved.

(f) When the Planning Board determines that it is appropriate, a portion of open space shall be set aside for active recreation purposes, such as ballfields, equestrian facilities or playgrounds.

(g) Open space land may be owned in common by a homeowners' association, held in private ownership or dedicated to the Town. Where open space land is to be dedicated to the Town, the Town Board shall decide whether or not to accept such dedication. All open space land must be protected by perpetual conservation easement from future development. The Planning Board shall assure that proper provision has been made for ownership and maintenance of open space land, roadways and other improvements. If owned by a homeowners' association, ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the association and the dwelling units they each own. Ongoing maintenance standards shall be established, enforceable by the Town or qualified not-for-profit organization, against an owner of open space land, as a condition of subdivision approval, to assure that the open space land does not create a hazard to public health, safety and welfare. The Town shall not be responsible to enforce the maintenance of an easement not held by the Town.

(h) A perpetual easement limiting use of open space land to agriculture, managed forest, recreation or permanent open space, and prohibiting residential, institutional, industrial or commercial use, shall be granted to the Town, with the approval of the Town Board or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and shall be required as a condition of final plat approval. The conservation easement shall be recorded in the Dutchess County Clerk's Office simultaneously with the filing of the cluster subdivision plat.

(i) Any open space land shall be shown on the subdivision plat and appropriately labeled to indicate that such land is not to be further subdivided or built upon, except as provided for in the conservation easement(s).

(6) In the clustered subdivision, the lots shall be laid out so that dwelling units will be located in a manner consistent with the purposes of this section. The following siting guidelines (listed in order of general priority) are to be applied, when applicable, on a case-by-case basis by the Planning Board, with lots to be laid out in the following manner:

(a) On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural uses.

(b) Within any woodland contained in the parcel or along the far edges of the open fields (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind and to enable new construction to be visually absorbed by natural landscape features).

(c) To provide permanent protection for significant natural, historic or cultural features identified on the site.

(d) To minimize the number of driveways with access to existing roads.

(e) In such a manner that the common boundary between the house lots and any active farmland is minimized in length (to reduce potential conflicts).

(f) In locations least likely to block or interrupt scenic vistas as seen from the public roadway(s) or other public vantage points.

(g) In locations where the greatest number of units could be designed to take maximum advantage of solar heating opportunities.

(h) In cluster developments exceeding 20 dwelling units, the Planning Board shall consider the layout of smaller groupings, each having some open space immediately surrounding it, so that large concentrations of units with little or no differentiation can be avoided and so that cluster development will be more compatible with the neighborhood in which it is located.

G. Procedures. In addition to the application requirements outlined in the Town of Milan Subdivision Regulations,[3] the applicant requesting approval for a cluster subdivision shall submit to the Planning Board the following:

(1) A written statement describing the open space purpose(s) to be accomplished, as well as the proposed method of preservation and disposition of the open space land.

(2) A sketch plan satisfying all of the requirements for preapplication approval of a subdivision map.

(3) Any additional information the Planning Board deems necessary to assist in making a reasonable decision on the application.

[3] Editor's Note: See Ch. 177, Subdivision of Land.

H. Permits. Upon approval of a cluster development, the Planning Board shall authorize the Zoning Enforcement Officer to issue a permit in accordance with such approved cluster development plan.

§ 200-23 Conversion of existing buildings and structures.

[Amended 4-22-1996 by L.L. No. 1-1996; 6-11-2003 by L.L. No. 1-2003]

A. Purpose. It is the intent of this section to allow for the conversion of existing homes, barns, garages or other permitted accessory buildings or structures, where appropriate, to create accessory apartments. The following benefits will accrue to the community as a result:

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(1) An increase in the stock of affordable rental units.

(2) Preservation of homes with historic, architectural or cultural significance.

(3) Longtime homeowners and residents and the elderly on fixed incomes will be able to afford to keep their property where tax burdens or other financial considerations may have forced their sale.

B. Districts. Conversions of existing building/structure, as defined in Article II, are permitted in the A5A, A3A, R2A, HA and HB Zoning Districts, in conformance with this section and all other applicable sections of this chapter, including but not limited to § 200-17.

C. Bulk and area requirements. Notwithstanding § 200-12, Schedule of Bulk and Area Requirements, all conversions of existing buildings or structures shall be subject to the following requirements:

(1) One accessory apartment may be created in an existing home, barn, garage or other permitted accessory building or structure on a lot meeting the requirements of § 200-12, the Schedule of Area and Bulk Requirements, and the requirements of § 200-23 herein of the Zoning Law for the applicable zoning district.

(2) Additional accessory apartments, not exceeding a total of four accessory dwellings on a lot, may be created in an existing home, barn, garage or other permitted accessory building or structure, provided that the following minimum acreage requirements are complied with:

		District
	Number of	(acreage required for accessory dwelling units)
	Accessory Units	HA	HB	R2A	A3A	A5A
	1	1.5	2	2	3	5
	2	3	4	4	6	10
	3	4.5	6	6	9	15
	4	6	8	8	12	20

D. Eligibility. Any principally permitted and permitted accessory building/structure may be converted under the provisions of this chapter, provided that the building/structure:

(1) Had a valid certificate of occupancy at least three years prior to the date of application for conversion or has been occupied by the owner seeking the permit under the provisions of this chapter for a period of at least three years;

(2) Is a conforming use;

(3) Conforms to all applicable requirements and standards of the zoning district in which it is located; and

(4) The owner of the principal dwelling shall continue to occupy such principal dwelling, on land in which an accessory apartment(s) is to be added to such principal dwelling or other structure, as a condition to the continued validity of the continued validity of the special use permit.

E. Adequacy of infrastructure. A special use permit for a conversion shall not be issued unless it can be demonstrated that all sanitary sewer and water supply systems are in full compliance with the standards of the Dutchess County Health Department. The Planning Board shall require that an applicant seeking approval for a conversion obtain approval of all sanitary sewer and water supply systems from the Dutchess County Health Department. Lack of an approval from the Dutchess County Health Department shall constitute a basis for denial of a special use permit for conversion of an existing building/structure.

F. Standards. In order that a proposed conversion proceeds in an orderly manner and provides benefits to residents of the conversion and the Town of Milan, the Planning Board shall ensure that a conversion of an existing building/structure:

(1) Has area available in which to provide adequate off-street parking for all proposed dwelling units. At least one space per dwelling unit shall be provided. The Planning Board may require landscaping, fences or other appropriate measures to minimize the impact of parking areas on the streetscape and neighboring properties.

(2) Will meet all requirements of the Dutchess County Health Department with regards to the provisions of water and sanitary sewer systems.

(3) Will meet all applicable building codes, including the New York State Uniform Fire Prevention and Building Code.

(4) Will not have an adverse effect on the environment as that term is defined in the New York State Environmental Quality Review Act (SEQR).

(5) Will not create a nuisance or otherwise adversely impact residents on adjacent properties.

(6) Will not alter the residential character of the neighborhood in which the building/structure is located. Any changes to the exterior of the building/structure should be compatible with the existing architecture of the building/structure.

(7) In the case of a building/structure of historic significance, where that building/structure is listed on the National or State Historic Register or has been identified in the County Historic Survey as of potential importance, no modifications that would alter the historic importance of the structure will take place.

(8) Stairways leading to any level above the first floor shall be located within the walls of the building or structure whenever practicable. If such stairways must be placed on the exterior of the building/structure, they shall be located in such a manner as to minimize their impact to neighbors and visibility from the roadway.

(9) Does not increase lot coverage of the building or structure being converted by more than 10%.

(10) Is the only converted building or structure on the lot and no others will be proposed or built, except that the Planning Board may approve the conversion of other buildings/structures on the same lot, provided that the total number of dwelling units created does not exceed the number permitted in Subsection C and that all other applicable standards and conditions are met.

G. Procedures. The conversion of an existing building/structure under the provisions of this section of the chapter requires a special use permit for conversion to be issued by the Planning Board. All applications shall be made in accordance with Article VIII, Special Use Permits, of this chapter and shall be subject to the following additional provisions:

(1) Materials to assist the Planning Board in its review shall include a floor plan of the existing building or structure, the planned floor plan following conversion, any architectural drawings or renderings showing changes to the exterior of the building/structure, a site plan showing the building/structure in relation to the lot both before and after conversion, location of all other buildings and structures on the lot, their elevations and a survey or other appropriate drawing or document showing the location and size of the existing and proposed septic system and well and other materials as determined by the Planning Board. The Planning Board may waive any of the requirements of this subsection.

(2) In considering whether to grant an application for a special use permit for conversion of an existing building or structure, the Planning Board shall consider the standards of Subsection F and any other standard it deems reasonable in connection with the conversion.

(3) An accessory dwelling shall comply with the provisions §§ 200-53 and 200-54 of the Zoning Law, which require issuance of a building permit for construction and a certificate of occupancy for occupancy.

H. Revocation of special use permit. A special use permit for conversion may be revoked by the Town of Milan Zoning Enforcement Officer if:

(1) It shall reasonably appear that the conversion is not in compliance with applicable laws, regulations, codes, ordinances or conditions of the special use permit; or

(2) Any lawful inspection of the conversion is refused by the owner; or

(3) Owner occupancy of the principal dwelling unit ceases.

I. Alteration of approved plans. The granting of a special use permit for conversion of an existing building/structure shall be considered a right to construct the conversion according to approved plans. Any substantial changes to the approved plans, whether interior or exterior to the building/structure, shall require a new application.

§ 200-24 Day-care facilities.

A. Purpose. It is the intent of the Town of Milan to provide for the child-care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the critical need for affordable child care for the Town's working parents. The Town recognizes that the lack of child-care alternatives may prevent parents from obtaining gainful employment which fully meets their needs.

B. Family and group family day-care homes. Family and group family day-care homes, as defined under "day-care facilities" in Article II, shall be permitted as a principally permitted use in all residential zoning districts, provided that:

(1) State licensing requirements are met, including those pertaining to building, fire safety and health codes.

(2) Applicable zoning and subdivision standards for residential uses are fully complied with by the applicant.

(3) All area and bulk regulations are in compliance with Article IV, § 200-12 of this chapter.

(4) An off-street dropoff/pickup area must be provided. A driveway in conformance with Town driveway permit standards shall be sufficient for such purpose.

(5) Signs, if any, conform to the requirements of § 200-44 of this chapter.

(6) No structural or decorative alteration is proposed that will alter the single-family character of an existing residential structure.

C. Day-care enters, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school age child-care facility or nursery school as defined in Article II of this chapter. Day-care centers, school-age child-care facilities and nursery schools are allowed by special use permit in the A3A, R2A, HA and HB Zoning Districts, provided that they are in compliance with the following:

(1) The center, facility or nursery school complies with all regulations of Article VIII, Special Use Permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from New York State Department of Social Services and, where applicable, the New York State Department of Education to the Planning Board with an application for a special use permit.

(2) A site plan, in compliance with district zoning, is submitted to the Planning Board for its approval, following the procedures in Article IX of this chapter. For site plan approval, day-care centers, school-age child-care facilities or nursery schools shall:

(a) Comply with Subsection B(1) through (5) of this section.

[Amended 8-13-2007 by L.L. No. 6-2007]

(b) If a new structure or alteration is proposed, be compatible with the character of the neighborhood or zoning district with regard to scale, design, architectural details, materials and setback.

(c) Provide an outdoor play space as specified by New York State Social Services Law § 390 and 18 NYCRR 418.8. Such space shall meet the following minimum requirements:

[1] The size of such space shall be equal to at least 1/4 of the square footage of the structure in which the facility is located.

[2] No structured area for active play or play structures shall be located in a front yard or within 10 feet of a side or rear lot line.

[3] The play space shall be screened from the road from which the center takes access, either by the center itself or appropriate landscaping or other methods.

[4] The play space shall be contained along all sides not bordered by a building, by a solid fence or hedge at least six feet in height to prevent conflicts between adjacent properties and the facility's activities.

[5] Where the play space is furnished with play equipment intended for the use of the children, such equipment shall meet national standards for construction and safety.

(d) Provide adequate parking facilities for the day-care center or nursery school with at least one for every nonresident employee plus one for every 10 children, and provide an off-street pickup and drop-off area either on the driveway or an approved parking area.

(e) Conform to other requirements, as specified by the Planning Board, to ensure that the center maintains the character of the neighborhood or zoning district.

(3) No day-care center, school-age child-care facility or nursery school may be operated within a structure, unless that structure has a valid certificate of occupancy, in accordance with § 200-54 of this chapter.

§ 200-25 Drive-in businesses.

Plans for the erection or structural alteration of drive-in business establishments as herein defined shall be submitted to the Planning Board for approval. The Planning Board shall require such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.

§ 200-26 Dumps.

No dump as defined herein shall be permitted within the Town of Milan (for the purposes of this chapter, a "landfill" is considered to be a "dump"). No burning, abandoning, dumping or disposing by any other means of garbage, trash, refuse, junk or waste material of any kind shall be permitted in the Town of Milan, except as approved by the Town Board; nor shall there be established any transfer station for the handling of garbage, trash, refuse, junk or waste material of any kind, except that the Town of Milan may establish a transfer station. No person shall store more than one vehicle used or designed to be used for the transportation of garbage, trash, refuse, junk or waste material of any kind.

§ 200-27 Dwellings; supplementary regulation relating to dwellings.

A. No building permit for the erection of a one- or two-family dwelling will hereafter be granted in the Town of Milan unless the minimum ground floor space per dwelling unit shall be as follows. The ground floor area mentioned herein does not include open or enclosed porches, basements, garages or carports. All foundations shall be continuous and comply with the New York State Uniform Fire Prevention and Building Construction Code.

[Amended 6-11-2003 by L.L. No. 1-2003]

Dwelling Type (stories)	Minimum Ground Floor Space (square feet)
1	720
1 1/2	720
2	576

B. Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area opening to the outside equal to not less than 5% of the floor area of such room.

C. Slope of yards. No building containing dwelling units shall henceforth be constructed nor shall any existing building be altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of such building be more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade of the front at the front wall of the dwelling shall not be less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Zoning Enforcement Officer may accept a substitute gradient, provided that no minus gradient is established within 15 feet of the front wall or within six feet of either side wall of the building.

§ 200-28 ECHO housing.

A. Purpose. It is the purpose and intent of this chapter to accomplish the Town's Master Plan objectives by allowing by special use permit the installation of small, removable homes, known as "Elder Cottage Housing Opportunity (ECHO) units," on the same lots with one- and two-family dwellings in all residential zoning districts that allow one- and two-family dwellings as a permitted principal use. Specifically, this section is intended to:

(1) Foster and support extended families.

(2) Permit adult children to provide small, temporary homes for their aging parents who are in need of support while maintaining as much of the independence of the two generations as possible.

(3) Reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes.

(4) Encourage the continued development and use of small homes specifically designed and built for elderly people, which include such features as easy adaptation to handicapped accessibility, safe exit features and fire-resistant construction.

(5) Permit ECHO housing in a manner that protects the property values and character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removable.

(6) Enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families.

B. Districts. ECHO units, as defined in Article II, are permitted by special use permit through the Zoning Board of Appeals in the A5A, A3A, R2A and HA Zoning Districts in conformance with this section and all other applicable sections of this chapter.

[Amended 6-11-2003 by L.L. No. 1-2003]

C. Construction. The unit shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.

D. Size of unit. The minimum floor area of an ECHO unit shall be 300 square feet, the maximum floor area 900 square feet and the maximum height 16 feet or one story.

E. Placement of ECHO unit. The ECHO unit shall comply with all front yard setback requirements for a principal dwelling. With respect to side and rear yard setbacks, the ECHO unit shall be placed no closer to a lot line than one-half (1/2) the distance required for the district. In addition, no ECHO unit shall be placed closer to the front lot line than the principal dwelling. There shall be no required setback between the principal dwelling and the ECHO unit, however, pedestrian access must be provided to the ECHO unit without going through the principal dwelling.

F. Lot size and coverage. The minimum lot size for a principal dwelling with an ECHO unit shall conform to the requirements for a one- or two-family dwelling in the district in which the ECHO unit will be located. The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width. Coverage of the entire lot by the ECHO unit and principal dwelling shall not exceed 25%.

G. Access. Where appropriate, the Zoning Board of Appeals may require that all walkways from parking areas and from the principal dwelling to the ECHO unit will be suitable for wheelchair and stretcher access.

H. Parking. In addition to the parking required for the principal dwelling, one parking space for the ECHO unit shall be required, except that the Zoning Board of Appeals may increase the required number of parking spaces to two, if circumstances so warrant.

I. Occupancy.

(1) At the time the special use permit is issued, at least one intended occupant of the ECHO unit must be at least 62 years of age. (The other occupant should be close to an elderly age in order to promote the intent of this elderly housing opportunity). Subsequently, if the occupant who is 62 no longer occupies the ECHO unit and all other conditions continue to apply, the permit may be renewed for the other elderly occupant who had been residing with the original occupant, even if that person is slightly less than 62 years of age.

(2) The owner of the principal residence may live in an ECHO unit, provided that:

(a) They are at least 62 years of age.

(b) All other requirements of this section are met.

(c) Ownership of the principal residence is maintained. Should ownership of the principal residence lapse, the special use permit for the ECHO unit shall be null and void.

(3) In no case shall there be more than two occupants of an ECHO unit.

(4) The special use permit shall be issued to the owner of the principal dwelling and lot.

J. Waiver of requirements. The Zoning Board of Appeals may waive the requirements of this section of this chapter if so warranted by the specific characteristics of the particular structures/lot and circumstances of the case upon showing that the waiver will not negatively affect public health, safety or welfare and that the waiver will be in harmony with and promote the general purpose of this chapter. However, the Zoning Board of Appeals shall not waive any of the occupancy and removability standards specified in this chapter.

K. Number of dwelling units per lot. Only one ECHO unit per lot shall be permitted. No special use permit for an ECHO unit shall be issued for a lot where the principal dwelling is other than a one-family or permitted two-family dwelling, or where a permit for an accessory apartment or other special use permit for housing is in force.

L. Enclosure of underportion. Within 30 days of installation, the entire underportion of the unit shall be enclosed so as to completely screen and insulate that area of the unit. Wood, masonry or other durable material shall be used, however, such material shall be installed to facilitate removal upon termination of occupancy.

M. Removability.

(1) The unit shall be constructed so as to be easily removable.

(2) The unit's foundation should be of easily removable materials, such as timber pilings or cement block piers, so that the lot may be restored to its original use and appearance after removal, with as little expense as possible.

(3) No permanent fencing, walls or other structures shall be installed that will hinder removal of the ECHO unit from the lot.

N. Adequacy of infrastructure. The applicant or his or her agent shall certify that the water supply is potable and of adequate flow and that the sewage disposal system is adequate for the two units. Failure to promptly correct any water quality or sewage system problem shall result in revocation of the special use permit. No special permit shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the principal dwelling is for any reason not capable of handling the additional demand that the ECHO unit would impose on it.

O. Application process. Application for a special use permit for an ECHO unit shall be made to the Zoning Board of Appeals in accordance with the standards and procedures set forth in Article VIII of this chapter and subject to the following additional provisions:

(1) Materials to assist the Zoning Board of Appeals in reviewing an application for a special use permit, as described in Article VIII, § 200-62, shall include:

(a) The names of all owners of record of the principal dwelling, lot and ECHO unit.

(b) The names and ages with satisfactory proof of age of the proposed occupants of the ECHO unit in order to verify that the occupants are satisfying the standards and intent of the ECHO regulations.

(c) The relationship between the occupants of the principal dwelling and the occupants of the ECHO unit.

(d) The lease or other agreement with the owner of the ECHO unit; if the ECHO unit is rented, leased or otherwise not owned outright by the applicant, the agreement between intended occupants and the owner(s) of the principal dwelling unit.

(e) A floor plan of the ECHO unit, including the square footage (may be the manufacturer's or builder's brochure).

(f) A survey or other appropriate drawing or document showing the location and size of the septic system and well, and the structures on the lot, both with and without the ECHO unit.

(g) The applicant's plan for removal of the ECHO unit at the time the special use permit terminates.

(2) In determining whether to grant the application, the Zoning Board of Appeals shall consider the following factors, in addition to those described in Article VIII, Special Use Permits:

(a) Whether the use will be in harmony with and promote the general purpose and intent of this chapter.

(b) Whether the use will conserve property values and encourage the most appropriate uses of land.

(c) Whether granting the application will cause an undue concentration of ECHO units in a specific area of the Town.

(d) Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.

(e) Whether the application will be compatible with the Town Master Plan.

(3) A special use permit may be granted for an initial period of up to one year, expiring on December 31. Thereafter, upon application to the Zoning Enforcement Officer showing that there have been no changes in circumstances which would result in the ECHO unit's being in violation of the provisions of this law, the special use permit may be renewed yearly for a period running from January 1 to December 31. Upon development of appropriate procedures by the Zoning Board of Appeals, such renewal shall be granted administratively by the Zoning Enforcement Officer.

(4) At the time of application for the ECHO special use permit, the applicant must verify that he or she:

(a) Understands that the permit is issued solely for the use of the named occupants.

(b) Has made plans for the removal of the unit.

(c) Recognizes the possible sanctions for failure to promptly remove the ECHO unit upon termination or revocation of the special use permit. These sanctions include all those specified in §§ 200-64 and 200-65 of this chapter; injunctive relief; criminal penalty; removal and salvage by the Town to defray any enforcement costs incurred; the placement of a lien against the applicant's property to defray any enforcement costs incurred; and any other remedies available to the Town.

P. Renewal of special use permit. At the time of application for renewal of the special use permit, the applicant or his or her agent shall verify:

(1) That the conditions upon which the special use permit was granted continue to apply.

(2) That he or she has made plans for removal of the ECHO unit upon termination of the special use permit.

(3) That he or she understands the possible sanctions for failure to promptly remove the ECHO unit upon termination of the special use permit.

Q. Termination of special use permit.

(1) The special use permit shall terminate 90 days after:

(a) The death or permanent change of residence of the original occupant or occupants of the ECHO unit. A change of residence shall be considered permanent after six months; or

(b) Any of the occupancy requirements set forth in Subsection C are no longer met.

(2) During this ninety-day grace period, the ECHO unit shall be removed and the site restored so that no visible evidence of the ECHO unit and its accessory elements remains. If the ECHO unit has not been removed by the end of this grace period, in addition to the existing sanctions in this chapter, actions to ensure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. The Zoning Board of Appeals, upon a showing of extraordinary circumstances making removal of the ECHO unit impossible during the ninety-day grace period, may grant one extension of up to 90 days for removal of the ECHO unit.

R. Revocation of special use permit. A special use permit for an ECHO unit shall be revoked by the Zoning Board of Appeals after notice and a hearing, if:

(1) It shall reasonably appear to the Zoning Board of Appeals that the ECHO unit is not in compliance with applicable laws, rules, regulations, codes or ordinances or that the conditions of the special use permit are not satisfied; or

(2) Any lawful inspection of the ECHO unit by the Building Inspector or Zoning Enforcement Officer is refused or prevented by the owner or occupant.

§ 200-29 Educational institutions.

A. Location. No special use permit shall be granted for the construction or expansion of an educational institution unless such institution has a minimum of 400 feet of frontage on a road designated as a primary or secondary road in the Master Plan.

B. Place of assembly. No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan. Where feasible, entrances and exits should be on primary roadways and not on roadways intended for predominantly residential use.§ 200-30. (Reserved)

§ 200-30 Solar energy systems.

[Added 11-18-2019 by L.L. No. 4-2019; amended 3-8-2024 by L.L. No. 1-2024]

A. Statement of purpose. This section is adopted to advance and protect the public health, safety, and welfare of the Town of Milan, including:

(1) Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

(2) Providing certainty to the owners of residential and commercial properties regarding the use, location and installation of on-site solar energy systems;

(3) Increasing employment and business development in the region by furthering the installation of solar energy systems; and

(4) Preserving and protecting the scenic beauty and rural character of the Town of Milan.

B. Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair; provided, however, that this section shall not apply to any solar energy systems installed on property owned by the Town of Milan. Solar energy systems for which a valid building permit has been issued before the effective date of this § 200-30 shall not be obligated to meet the requirements of this section.

C. Building permit. A building permit is required for the installation of all solar energy systems; provided, however, a separate building permit for a building-integrated photovoltaic system shall not be required if it is installed when the building is first constructed pursuant to a lawfully issued building permit and the existence of the building-integrated photovoltaic system is noted on the building plans submitted to the Zoning Enforcement Officer. A roof-mounted solar energy system shall comply with the application requirements for the unified solar permit adopted by the Town, provided that the rated kilowatt capacity for the system does not exceed the amount specified in the unified solar permit application. For all solar energy systems, a building permit application shall meet all applicable requirements set forth in the Code of the Town of Milan and shall also include:

(1) Certification from a New-York-State-licensed structural engineer or architect that:

(a) The solar energy system will be sufficiently installed and anchored to prevent flotation, collapse or lateral movement;

(b) The solar energy system components shall be designed with an antireflective coating. Verification shall be provided to the Zoning Enforcement Officer that the components of the solar system have this quality.

(c) The design and installation of the solar energy system will meet all applicable provisions of New York State, Dutchess County and Town of Milan laws and building, electrical and fire codes, as well as any applicable Public Service Commission regulations.

(2) Identification and dimensions of all major items of solar energy equipment and a) for a roof-mounted solar energy system, a diagram showing the location of the equipment on the roof, and b) for a ground-mounted or freestanding solar energy system, a scaled site plan approved by the Planning Board showing, at a minimum, the location of any existing structures, wetlands, woodlands and other natural features, the distance between each lot line and the nearest piece of any solar energy equipment, and the major items of solar energy equipment to be installed or constructed.

(3) All solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Markings shall occur in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code, as amended, and the National Electrical Code, as amended.

(4) For all solar systems, all connection and distribution cables, lines and wires shall be buried.

(5) Certification by the applicant that the solar energy system installation will be performed by an identified qualified solar installer.

(6) Certification by the applicant that when solar batteries are included as part of the solar energy system they must be placed in a secure container or enclosure meeting the requirements of the State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town of Milan and any other federal, state or county laws and regulations.

(7) All on-site solar energy systems shall be alternating current (ac) systems.

(8) Such other information as the Zoning Enforcement Officer shall reasonably require.

D. On-site solar energy systems.

(1) Roof-mounted on-site solar energy systems.

(a) Zoning districts. Roof-mounted on-site solar energy systems are permitted in all zoning districts when attached to any lawfully permitted building or structure, subject to the requirements set forth herein. Roof-mounted on-site solar energy systems may be added to existing buildings on a nonconforming lot without forcing the entire building to otherwise comply with current zoning requirements.

(b) Height. Roof-mounted on-site solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are not provided the same height exemptions granted to other building-mounted mechanical devices or equipment in § 200-10I(4) of this chapter.

(c) Aesthetics. Roof-mounted on-site solar energy system installations shall incorporate the following design requirements:

[1] Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

[2] Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

[3] Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

[4] Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

[5] The solar system is mounted on a lawfully permitted building or accessory structure that the Zoning Enforcement Officer has determined can support the load.

[6] The solar system is compliant with the New York State Uniform Code, as amended.

(2) Ground-mounted or freestanding on-site solar energy systems.

(a) Zoning districts. Ground-mounted or freestanding on-site solar energy systems are permitted in all zoning districts other than Land Conservation (LC), and Hamlet (HA) subject to site plan approval by the Planning Board and the other requirements set forth herein. Ground-mounted on-site solar energy systems shall be considered accessory structures; provided, however, in the event of a conflict or inconsistency between the provisions of § 200-18 of this chapter and this § 200-30, the provisions of this § 200-30 shall control.

(b) Height. Ground-mounted or freestanding on-site solar energy systems shall not exceed 12 feet in height.

(c) Setback and yard restrictions. Ground-mounted or freestanding on-site solar energy systems shall be set back a minimum of 100 feet from any public or private road and any boundary line of the lot on which it is to be erected, provided at all times the ground-mounted on-site solar energy system shall adhere to the minimum setback requirements of the underlying zoning district if greater than the foregoing.

(d) Lot coverage. Ground-mounted or freestanding on-site solar energy systems, when added to the other buildings, structures and other impervious surfaces located on the same lot, shall not exceed the maximum lot coverage set forth in the Table B, Schedule of Area and Bulk Regulations, applicable to the district in which the lot is located. In calculating lot coverage for solar panels, the area within the perimeter formed by the sides of all such panels shall be included.

(e) Yard restrictions. Ground-mounted or freestanding on-site solar energy systems shall be installed in the side or rear yards, not the front yard; provided, however, that a ground-mounted or freestanding on-site solar energy system may be installed in the front yard if it (and any screening or fencing surrounding it) is not visible from any public road or rural lane at any time of the year and is set back a minimum of 250 feet from the front lot line.

(f) Location. Ground-mounted or freestanding on-site solar energy systems shall be located in a manner so as to minimize visual impact on neighboring parcels, and which may require screening or vegetation mitigation as determined by the Planning Board. No ground-mounted or freestanding solar energy systems shall be located on ridgelines, hilltops or other excessively visible locations.

(g) All cables underground. All connection and distribution cables, lines and wires shall be trenched and buried underground in conduit.

(h) Removal. All ground-mounted or freestanding on-site solar energy systems shall be removed, at the owner's or operator's expense, within one year of determination by the Zoning Enforcement Officer that the system is no longer being maintained in an operable state of good repair or is no longer supplying solar power. Such an order shall be in writing, shall offer the option to rectify, and shall notify the owner, property owner and/or facility operator, if known, of his or her right to appeal such determination to the Zoning Board of Appeals. Removal shall include all solar energy equipment.

(i) All ground-mounted or freestanding on-site solar energy systems must strictly comply with all of the requirements of this § 200-30D(2).

(j) Planning board approval. All ground-mounted or freestanding on-site solar energy systems shall require Planning Board approval to confirm that the requirements set forth in Subsections D(2)(a) through D(2)(j) above have been or will be satisfied.

E. Permitting requirements for off-site solar energy systems:

(1) Off-site roof-top, ground-mounted, and freestanding solar energy systems having a productive capacity of less than 20 megawatts are prohibited in every zoning district in the Town of Milan.

(2) Off-site solar energy systems having a productive capacity of 20 megawatts or more are permitted through the issuance of a special use permit except within the Land Conservation (LC) and Hamlet (HA) zoning districts, and are subject to site plan application requirements set forth in this section.

F. Pre-application meeting. At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Zoning Enforcement Officer to ensure all parties have clear expectations regarding any Town of Milan requirements applicable to the proposed off-site solar energy system. A written request for this purpose shall be sent to the Zoning Enforcement Officer. Submission and review of the application shall not be delayed based on the failure of the Zoning Enforcement Officer to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide:

(1) A brief description of the proposed facility and its environmental setting;

(2) A map of the proposed facility showing project components;

(3) The proposed facility's anticipated impacts;

(4) A designated contact person with telephone number, email address, and mailing address from whom information will be available going-forward basis;

(5) An anticipated application submission date.

G. Application review. Applications for the installation of an off-site solar energy system shall be reviewed by the Zoning Enforcement for completeness. Applicants shall be advised within 60 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

H. Application and site plan review requirements. Applications for off-site solar energy systems, including materials for site plan review, shall include the following:

(1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

(2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the off-site solar energy system.

(3) Nameplate capacity of the off-site solar energy system expressed in megawatts.

(4) Zoning district designation for the parcel of land comprising the facility area.

(5) Property lines and physical features, including roads, for the project site.

(6) Map(s) of MSG 1-4 soils and active agriculture lands on the parcel comprising the facility area and adjacent parcels.

(7) A habitat assessment study of the entire site including the adjacent 100 feet surrounding the proposed off-site solar system performed by a person or entity approved by the Planning Board.

(8) Adjacent land uses on contiguous parcels within 500 feet of the site boundary.

(9) Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

(10) Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

(11) A one- or three-line electrical diagram detailing the entire off-site solar energy system layout, including the number of solar panels in ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components if applicable and should include applicable setback and other bulk and area standards.

(12) A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

(13) A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.

(14) A decommissioning plan signed by the owner and/or operator of the off-site solar energy system shall be submitted by the applicant. The decommissioning plan shall address the following:

(a) The time required to decommission and remove the off-site solar energy system and any ancillary structures.

(b) The time required to repair any damage caused to the property by the installation and removal of the off-site solar energy system.

(c) The cost of decommissioning and removing the off-site solar energy system, as well as all necessary site remediation or restoration.

(15) The provision of a decommissioning security which shall adhere to the following requirements: The deposit, executions, or filing with the Town of Milan Clerk of cash, bond, or other form of security acceptable to the Town of Milan Attorney and/or Engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 115% of the cost of removal and site restoration for the off-site solar energy system, and shall be revisited every five years and updated as needed to reflect any changes due to inflation or other cost changes. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the off-site solar energy system.

(16) In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town of Milan, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

I. Special use permit standards. The Planning Board may issue a special use permit for an off-site solar energy system only after it has found that all the following standards and conditions have been satisfied:

(1) Underground requirements. All utility lines located outside of the facility area shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

(2) Vehicular paths. Vehicular paths within the facility area shall be designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.

(3) Signage.

(a) No signage or graphic content shall be displayed on the off-site solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

(b) As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(4) Glare. All solar panels shall have anti-reflective coating(s).

(5) Lighting. Lighting of the off-site solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be shielded and downcast from abutting properties.

(6) Lot size. The property on which the off-site solar energy system is placed shall meet the lot size requirements of the underlying zoning district.

(7) Setbacks. The off-site solar energy systems shall comply with the setback requirements of the underlying zoning district for principal structures. Fencing, collection lines, access roads and landscaping may occur within the setback.

(8) Height. The off-site solar energy systems shall comply with the building height limitations for principal structures of the underlying zoning district, not to exceed 20 feet.

(9) Lot coverage. Lot coverage of the off-site solar energy system, as defined below, shall not exceed the maximum lot coverage requirement of the underlying zoning district. The following components of an off-site solar energy system shall be considered included in the calculations for lot coverage requirements:

(a) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

(b) All mechanical equipment of the off-site solar energy system, including any pad-mounted structure for battery energy storage system components, switchboards, or transformers.

(c) Paved access roads servicing the off-site solar energy system.

(10) Fencing requirements. All mechanical equipment, including any structure for battery energy storage system components, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access. The base of the fence shall have openings six inches high and 20 inches long every four feet to allow the movement of small animals.

(11) Off-site screening and visibility.

(a) Off-site solar energy systems shall have views minimized from adjacent properties using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.

(b) Off-site solar energy systems acres shall be required to:

[1] Conduct a visual assessment of the visual impacts of the off-site solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital view shed report, shall be required to be submitted by the applicant.

[2] Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of off-site solar panels and solar energy equipment shall be minimized from public roadways and adjacent properties. The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town of Milan.

(12) Environmental resources.

(a) The installation of an off-site solar energy system shall cause neither the cutting, within or at the periphery of a forested or woodland areas, of more than 50% of native trees as defined and/or described in the Natural Resources Inventory of the Town of Milan's of six inches or more in diameter at breast height over any contiguous land area of 1/4 of an acre nor overall site disturbance caused by grading, tree removal, or other work on the off-site solar energy site and its access exceeding a total of one acre.

(b) Off-site solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the facility area. Any project which is designed to incorporate agricultural or farm-related activities or uses within the facility area may be excluded from this requirement based on the amount of space actually occupied by the agricultural use(s). This exclusion will only be allowed based on the Planning Board determination that these lands are being used for actual agricultural uses.

(c) Use integrated pest management practices to refrain from pesticide use (including herbicides) for long-term operation and site maintenance.

(13) Agricultural resources. Off-site solar energy systems for which the facility area includes lands consisting of MSG 1-4 shall adhere to the following requirements:

(a) Off-site solar energy system components, equipment, and associated impervious surfaces shall occupy no more than 50% of the area of MSG 1-4 within the facility area.

(b) An off-site solar energy system may exceed the 50% MSG 1-4 coverage threshold if it incorporates an on-site activity or program which provides for the use of the land as a farm operation. Exceedance beyond the 50% threshold will only be allowed based on the Planning Board's determination that the land is being used for a farm operation.

(c) Off-site solar energy systems located on MSG 1-4 shall be constructed, monitored, and decommissioned in accordance with the NYS Department of Agriculture and Markets' "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands."

(14) Permit time frame and abandonment.

(a) The special use permit and site plan approval for an off-site solar energy system shall be valid for a period of 36 months, provided that construction has commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 36 months, the applicant may request to extend the time to complete construction for 12 months. Approval of a request to extend the time to complete construction shall not be unreasonably withheld by the Planning Board. If the owner and/or operator fail to perform substantial construction within 48 months, the approvals shall expire.

(b) Upon cessation of electricity generation of an off-site solar energy system on a continuous basis for 12 months, the Zoning Enforcement Officer shall notify and instruct the owner and/or operator of the off-site solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification.

(c) If the owner and/or operator fail(s) to comply with decommissioning upon any abandonment, the Town of Milan may, at its discretion, utilize the bond and/or security for the removal of the off-site solar energy system and restoration of the site in accordance with the decommissioning plan.

(15) Safety.

(a) Off-site solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

(b) Off-site solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the off-site solar energy system is located in an ambulance district, the local ambulance corps.

(c) If a battery energy storage system is included as part of the off-site solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Milan and any applicable federal, state, or county laws or regulations.

(d) Where deemed necessary by the Planning Board, the applicant shall ensure emergency access to the facility area for local first responders by installing an emergency lock box or similar device, in a location subject to approval by the Planning Board.

§ 200-31 Hotels and motels.

Except in business districts, hotels and motels shall conform to the following requirements:

A. Area. The minimum land area per establishment shall be five acres. For each rental room in excess of 12, this land area shall be increased by not less than 2,500 square feet.

[Amended 4-22-1996 by L.L. No. 1-1996]

B. Frontage. The minimum frontage per establishment shall be 400 feet.

C. Front yards. There shall be a minimum front yard of 150 feet into which there shall be no encroachment of automobile parking and of structures other than a fence, wall or sign not larger than 20 square feet and no other encroachment of commercial usage.

D. Side and rear yards. No structure shall be placed closer to a side or rear property line than 50 feet and no automobile parking shall be placed closer to a side or rear property line than 25 feet.

§ 200-32 Light industrial use standards.

[Added 8-13-2007 by L.L. No. 6-2007]

Laboratories, scientific, research and testing and manufacturing which does not constitute a nuisance are considered light industrial uses and are subject to the standards and requirements of this section. Storage of flammable materials, as a primary use, is also subject to the requirements of this section.

A. Entrances and exits upon public streets.

(1) Spacing. The distance between the center line of any entrance to or exit from a lot on which a light industrial use is located shall not be less than 100 feet from the center line of the entrance to or exit from any adjacent lot, unless a shared ingress/egress is proven to be more efficient in accessing the lot.

(2) Width. No entrance or exit shall have a width greater than 50 feet, unless, in the case of a shared ingress/egress, a greater width is required.

(3) Location. The center line of any entrance or exit shall not intersect a public street less than 70 feet from the intersection of any other street.

B. Performance standards for light industrial uses. No light industrial use shall be established or maintained unless it complies with the performance standards in this Subsection B and other applicable sections of this chapter. Consistent compliance with these standards shall be a requirement for continuance of any permit and certificate of occupancy.

(1) Noise. Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute. Sound measurements shall not exceed 60 decibels during the hours of 7:00 a.m. to 8:00 p.m. and shall not exceed 50 decibels during the hours of 8:00 p.m. to 7:00 a.m. The following uses and activities shall be exempt from these noise regulations:

(a) Temporary construction noises between the hours of 7:00 a.m. and 6:00 p.m.

(b) Transient noises from moving sources, such as trucks, automobiles and railroads, except that trucks and other vehicles used for the daily operation of the light industrial uses shall comply with the noise performance standards.

(c) Noises from safety signals, warning devices and emergency pressure relief valves.

(2) Vibration. Earthborn vibrations from any industrial operation, equipment or process shall not constitute a nuisance or create any noise impacts that are discernible at any lot line. The method of measurement for earthborn vibrations shall be a three-component measuring system approved by the Town Engineer. No activity shall cause or create a steady state or impact on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:

	Frequency (cycles per second)	Vibration Displacement, Steady-State (inches)	Impact
	Under 10	.0005	.0010
	10 to 19	.0004	.0008
	20 to 29	.0003	.0006
	30 to 39	.0002	.0004
	40 and over	.0001	.0002

(3) Smoke. The density of smoke and other atmospheric pollutants, such as dirt, dust or fly ash, 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 which exceeds the density or the equivalent opacity of No. 1 on the Ringelmann Chart, as measured at the point of emission, for a period or periods aggregating more than four minutes in any one hour. The emission of smoke or any other atmospheric pollutants shall not be permitted if it is in any way detrimental to the public health or safety or is a source of damage to property.

(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. No noxious, toxic or corrosive fumes or gases shall be emitted into the air so as to endanger the public health or safety or create a reduction in the value or reasonable use of any other lot.

(5) Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter from any source to exceed one pound per hour per acre of lot area. The emission of particulate matter from all sources within any lot area containing more than 10% of particles having a diameter larger than 44 microns is prohibited.

(6) Explosive materials. The manufacture of flammable solids or flammable gases or liquids and materials capable of being detonated is prohibited.

(7) Wastes. No offensive wastes shall be discharged or dumped into any river, stream, watercourses, storm drain, pond, lake or wetland. No offensive wastes shall be discharged or dumped into any land unless legally authorized. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.

(8) Water resources. Uses which are harmful to surface or ground water resources shall be prohibited. Activities or materials within a two-hundred-foot radius of a public water supply shall be strictly limited in order to protect surface and ground water quality.

(9) Landscaping. The required front yard areas shall not be used for storage or parking, but shall be lawn or landscaped or have a natural vegetated buffer. The side yards shall be lawn or landscaped or have a natural vegetated buffer back to the rear building line. The side and rear yards shall include a fifty-foot-wide landscaped or natural vegetated buffer of a sufficient height at the time of planting to provide visual and sound screening for adjacent properties.

(10) 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 these areas. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of one footcandle. Hours of lighting may be limited by the Planning Board in acting on any site plan for light industrial uses.

C. General considerations.

(1) Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations.

(2) Parking. Adequate off-street parking and loading spaces shall be provided in accordance with § 200-38, to prevent parking in public streets of the vehicles of any persons connected with or visiting the use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking Report, shall be used to demonstrate shared parking effects.

(3) Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.

(4) Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical.

(5) Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town of Milan.

(6) Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas.

(7) Level of service. The level of services required to support the proposed activity or use shall be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater.

(8) Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection. All plans shall be reviewed and approved by the appropriate police department, fire district and emergency service provider to ensure such accessibility.

(9) Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the use as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced. Such safeguards and conditions may include a provision that revokes the special use permit under any of the following circumstances:

(a) The use terminates for a period of one year.

(b) There has been a false statement or misrepresentation as to a significant material fact in the application for a special use permit or the site plans, or specifications on which the granting of the special use permit was based.

(c) The site plan, as approved by the applicable reviewing agency, has not been completed within the time frame granted by the applicable reviewing agency, inclusive of all extensions.

(10) Environmental consideration. The proposed use shall not have a significant adverse environmental impact as defined by the New York State Environmental Quality Review Act (SEQR).

(11) Uses in or adjacent to a residence district or residential use. In addition to the above criteria, in the case of any use located directly adjacent to a residence district or residential use:

(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or conflict with the normal traffic of the neighborhood; and

(b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

D. Conflict with other provisions. If any part of this section is found to be in conflict with any provision of any other local law or ordinance of the Code of the Town of Milan, the provision which establishes the stricter standard shall prevail.

§ 200-33 Commercial and private kennels.

A. No provisions of this chapter shall prohibit or regulate the keeping of dogs as household pets. Commercial kennels and private kennels are defined in Article II of this chapter.

B. No commercial kennel shall be established within 200 feet of a developed residential parcel of land. It is recommended that a vegetated buffer or fence be provided around the commercial kennel.

§ 200-34 Mobile homes.

A. Intent. It is the intent of these regulations to encourage the provision of affordable housing in a residential environment by permitting the use of Class A mobile homes, as defined in Article II. Class A mobile homes shall be subject to the requirements of this section to ensure acceptable similarity in exterior appearance between mobile homes and other dwellings permitted on adjacent lots in the same zoning district.

B. Districts. Mobile homes approved as Class A are permitted on individual lots in the A5A, A3A and R2A Zoning Districts. Mobile homes shall comply with all requirements with respect to the area and bulk regulations of the underlying zoning district unless variances are granted for any nonconforming conditions, and the additional requirements of this section. This section shall in no way be construed as authorization to build a mobile home development as defined in Article II, and as set forth in § 200-35, of this chapter.

[Amended 6-11-2003 by L.L. No. 1-2003; 10-12-2004 by L.L. No. 8-2004]

C. Appearance standards. The following standards shall be used in determinations of acceptable similarity in appearance between mobile homes and site-built residences. In addition to meeting the following specific standards, no mobile home shall have openings or other features that would be incompatible in a residential neighborhood in which most residences are site built.

(1) Minimum width. The minimum width of the main body of the mobile home as assembled on the site shall not be less than 12 feet, as measured across the narrowest portion.

(2) Minimum length. The minimum length of the main body of the mobile home as assembled on the site shall not be less than 60 feet as measured along the shortest portion.

(3) Roof pitch. The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run.

(4) Roofing material. Any roofing material may be used that is generally acceptable for site-built housing, if such material is applied in such a manner as to be similar in appearance.

(5) Exterior finish. Any materials that are generally acceptable for site-built housing may be used for exterior finish if applied in such a manner as to be similar in appearance with site-built housing.

(6) Orientation on the site. Refer to subsections regarding lot dimensions in Article IV, District Regulations, for the applicable zoning district. Additions to the main body of the mobile home such as living rooms, recreation rooms or utility rooms, but excluding carports or garages, may be included for the purpose of determining lot dimension.

(7) Minimum floor area. The minimum floor area of the mobile home shall be 720 square feet. Such measurement shall not include any additions of any kind.

(8) Skirting or visible foundation. All mobile homes shall be placed on a continuous masonry foundation which shall completely enclose the underportion of the mobile home.

D. Procedures.

(1) Applications for approval of mobile homes on individual lots shall be submitted to the Zoning Enforcement Officer, along with the appropriate permit fee as specified by the Town Board. In addition to such information as is generally required for permits, mobile home applications shall included all information necessary to make determinations as to the home's conformance with Subsection C, including elevations or photographs of all sides of the mobile home, exterior dimensions, roof slopes and exterior finish. Where skirting or visible foundation treatments to be used appear on the Zoning Enforcement Officer's list of acceptable treatments, detailed specifications or descriptions of such treatments shall not be required. Where it is proposed to use other visible skirting or visible foundations, specifications or descriptions in sufficient detail for determination shall be submitted to the Zoning Enforcement Officer.

(2) Within 30 days of receipt of a complete application and all required supporting materials, the Zoning Enforcement Officer shall make the determination as to conformity with this section and all other applicable regulations and shall notify the applicant of approval, conditional approval or denial of the application. Conditional approval shall be granted only where the conditions and reasons are stated in writing and agreed to by the applicant. Any such conditions shall be binding on the applicant. In case of denial, the reasons shall be stated in writing by the Zoning Enforcement Officer and submitted to the applicant.

E. Non-Class A mobile homes. A mobile home not meeting the standards of this section or otherwise defined as a non-Class A mobile home, shall not be installed, built or moved onto a lot in the Town of Milan after the effective date of this chapter.

F. Nonconforming mobile homes. Any mobile home existing prior to the effective date of this chapter may remain. However, in the event that the mobile home is destroyed, damaged or moved off site, it may not be replaced with any mobile home that does not conform to this or other applicable regulations.

§ 200-35 Mobile home developments.

A. Intent. It is the intent of this section to ensure that mobile home developments are located, designed and improved so as to provide a desirable residential environment; provide protection against adverse environmental impacts; retain safe access for vehicular traffic both to and from the site and in the surrounding neighborhoods; and provide amenities and accessibility similar to that of other types of residential development. The creation of a mobile home development shall be the principal method of achieving the intent of this section.

B. Districts. A mobile home development, as defined in Article II, is permitted within the R5A and A3A Zoning Districts in conformance with this section and all other applicable sections of this chapter.

C. Dimensional requirements. The following dimensional requirements apply to the overall development, except where noted, and apply only to developments where mobile homes are the only type of housing to be built; developments using conventional housing types shall comply with the regulations of the underlying zoning district:

(1) Minimum gross acreage: 20 acres.

(2) Minimum frontage on an existing state, County or Town roadway: 200 feet.

(3) Maximum density: two units per acre after subtracting required open space.

(4) Development setback: must be in compliance with § 200-12, Table B, Schedule of Area and Bulk Regulations.[1]

[Amended 4-22-1996 by L.L. No. 1-1996]

[1] Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.

(5) Setbacks for individual units: no unit shall be placed closer than 35 feet to another unit and 20 feet to any internal roadway within the mobile home development.

(6) Minimum lot size per unit: 6,000 square feet.

(7) Maximum lot coverage per unit per lot, including all accessory structures: 40%.

D. Standards. In approving a mobile home development, the Planning Board shall ensure that the following standards are met:

(1) Open space. At least 50% of the mobile home development shall be usable open space. Any open space shall meet the requirements set forth in § 200-22, Cluster developments, Subsection F(5).

(2) Landscaping. Mobile home developments shall include a landscaped buffer area of 40 feet in width around the entire perimeter of the development. Such landscaping shall be sufficient to provide a visual and sound buffer for adjacent properties. In addition, the development shall be designed to take advantage of existing vegetation. Specimen trees, hedgerows or other areas of significant groupings of vegetation shall be integrated into the design of the development.

(3) No part of any lot for a mobile home development or a mobile home itself shall be located within a New York State designated wetland, official floodplain as mapped by the Federal Emergency Management Agency (FEMA) or on slopes that exceed 25%.

(4) Off-street parking. Off-street parking requirements shall be the same as for single-family dwelling units. Required off-street parking spaces may be provided in common areas located within a reasonable distance of the units they are intended to serve.

(5) Internal roadways. All roadways in a mobile home development shall comply in all ways to the Town of Milan Highway Specifications and Subdivision Regulations.[2] New roads that are designed to serve a limited number of units may be built to rural lane specifications at the discretion of the Planning Board.

[2] Editor's Note: See Ch. 133, Highway Specifications, and Ch. 177, Subdivision of Land.

(6) Outdoor living area. An outdoor living area shall be provided on each lot equal to at least 10% of the lot area, provided that in no case shall such area be less than 300 square feet or required to be more than 500 square feet. The minimum dimension of such area shall be not less than 15 feet.

(7) Provisions for sanitary services. Each mobile home development shall provide sanitary conveniences, service and utilities, including water supply, sewage disposal and garbage disposal in keeping with the following:

(a) A sufficient supply of potable drinking water approved by the Dutchess County Health Department shall be provided for each unit.

(b) Wastes from each unit shall be wasted into a public sewer system in a manner approved by the Dutchess County Health Department. Where a public sewer system is not feasible individual septic tanks and fields may be approved.

(c) Appropriate provision shall be made to ensure that refuse is collected from individual units at least once each week. Where common refuse disposal facilities are to be provided, proper screening, including a solid fence or landscaping, shall be provided and maintained.

(8) Storage. A storage space within a unit shall be provided in an amount equal to at least eight (80) square feet for each mobile home.

(9) Service facilities. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance. The Planning Board may seek written assurance from the development developer that this will be accomplished.

(10) Utilities. To the extent practicable, all utilities shall be placed underground.

(11) Number of dwelling units per lot. No more than one mobile home shall be permitted per mobile home lot.

E. Procedures. A mobile home development shall require special use permit and site plan approval. The provisions of Articles VIII and IX shall apply. Approvals for site plan and special use permit should be done concurrently. The Planning Board shall ensure, by means of a note on the site plan and/or other appropriate document, that said parcel(s) is to be used exclusively for the development of mobile home units and that no other types of units may be constructed. In addition, the applicant for a mobile home development shall provide the following:

(1) A plan showing the boundaries, entrances and exits, walkways, parking areas and home sites of the development.

(2) A plan and description of the method of sewage disposal.

(3) A plan and description of the method of water supply.

(4) A plan and description of the method for garbage disposal.

(5) A plan for electric lighting.

(6) A landscaping plan, including vegetated buffers along the property lines.

(7) Owner's and operator's name and address where applicable.

(8) Where applicable condominium association documents, lease, co-op or rental terms, prospectus, easements, maintenance agreements and other information pertaining to any property that will be either owned or used in common.

(9) Additional information as required by the Planning Board.

F. License.

(1) For new mobile home developments, prior to the placement of any mobile home or the issuance of a building permit by the Zoning Enforcement Officer for the construction of any mobile home unit, the owner or operator of the mobile home development shall apply to the Town Clerk for a license to operate a mobile home development. For mobile home developments operated by a homeowners' association or similar arrangement, the association or its duly authorized agent shall apply for the license. Application for mobile home license shall include:

(a) Name, address and telephone number(s) of owner or, in the case of an association, the duly authorized representative and identification of the property by the grid number on the tax maps.

(b) All documents relating to the maintenance and ownership of common facilities and the nature of ownership of the individual lots.

(c) An approved site plan for mobile home development, if one is not already on file with the Town Clerk.

(d) A license fee as set by the Town Board.

(2) Provided that all required documents are valid and in order and the relevant fees have been paid, the Town Clerk shall issue a license to operate the mobile home development for a period of two years.

(3) Prior to the expiration of any license to operate a mobile home development or when there is a change in ownership or type of ownership of the mobile home development, the owner, association or duly authorized representative shall apply to the Town Clerk for license renewal which shall be valid for a period of two years. Any changes in the information contained in materials required under Subsection A shall be submitted with application for license renewal. No fee shall be required for a license renewal. Subsequent licenses shall be renewable in two-year increments in accordance with the procedures herein.

(4) Failure to comply with this section or any other laws applying to mobile home developments shall constitute grounds for suspension of a license to operate a mobile home development and shall be cause for the Zoning Enforcement Officer or the Town Board to institute proper legal proceedings.

§ 200-36 Short-term residential rental.

[Added 11-15-2021 by L.L. No. 2-2022]

A. Purpose.

(1) Milan citizens have spoken clearly about how they see the future of their Town; they have talked about protecting the rural residential quality of life and the desire to keep Milan housing affordable and accessible to residents. Short-term rentals have changed the character of neighborhoods and reduced the affordability that longer-term rentals provide. The following provisions are offered to protect Town residents and still provide opportunities for income.

(2) The purpose of this section is to establish a set of regulations applicable to publicly advertised short-term rentals of residential property. These regulations are in addition to all other provisions of this chapter. The following shall apply in addition to all other regulations with respect to short-term rental, hosted, and short-term rental, unhosted, dwellings.

B. Operation requirements and standard conditions for all short-term rentals:

(1) A short-term rental shall be limited to the primary residence.

(2) The owner shall complete and sign the short-term rental application form approved by resolution of the Town Board.

(3) The owner is required to ensure that the unit being offered for short-term rental is maintained to the standards of the New York State Uniform Code and the Town Code, and said owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such rental unit.

(4) The owner shall limit overnight occupancy of the rental unit to a specific number of occupants, with the maximum number of overnight occupants not to exceed two persons per bedroom. The owner shall also limit the total daytime occupancy of the rental unit to a specific number of occupants not to exceed twice the maximum number of overnight occupants.

(5) During the term of any short-term rental, the owner, or his or her authorized local agent, shall be available at all times for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the rental units and must respond within two hours when notified that occupants are violating laws or rules regarding their occupancy in order to prevent reoccurrence. Failure of the owner, or his or her authorized local agent, to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the rental unit within two hours will be grounds for imposition of penalties as set forth in this chapter, in addition to the immediate revocation of the short-term rental permit. It is not intended that the owner, or his or her authorized local agent, act as a peace officer or place himself or herself in a dangerous situation.

(6) The owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provision of the Town Code or any state law.

(7) For each short-term rental, prior to occupancy by a renter, the owner or owner's local agent shall obtain the name and address of the responsible person for the rental. The owner or owner's local agent shall maintain this information for one year and have the information readily available on request of the Zoning Enforcement Officer, who is responsible for the enforcement of this chapter.

(8) The owner of the rental unit shall post a copy of the short-term rental certificate and a copy of this chapter of the Town Code in a conspicuous place within the rental unit and shall provide each responsible person with the following information prior to occupancy of the unit.

(a) The names of the authorized local agent and owner of the unit with telephone numbers where these parties can be reached on a twenty-four-hour basis;

(b) The maximum number of overnight occupants permitted to stay in each rental unit and maximum number of daytime occupants allowed in the rental unit and on the property;

(c) Notification that failure to conform to the occupancy requirements of the rental unit is a violation of this chapter;

(d) The trash pickup day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property;

(e) Applicable rules pertaining to pets; and

(f) Notification that the responsible person may be cited or fined by the Town and/or immediately evicted by the owner pursuant to state law, and, in addition to any other remedies available at law, for creating a disturbance or for violating any provision of this chapter.

C. Short-term rental certificate. All short-term rentals shall require a short-term rental certificate as described below:

(1) An owner must apply for the short-term rental certificate from the Zoning Enforcement Officer using the application form provided by the Town and pay the application fee set by resolution of the Town Board. A short-term rental certificate approving the use of a short-term rental unit must be issued by the Zoning Enforcement Officer prior to utilizing any short-term rental unit.

(2) A short-term rental certificate is effective for one year from the date of issuance.

(3) A short-term rental certificate issued under this section shall require renewal by the Zoning Enforcement Officer no later than the anniversary of such issuance, if the property is to continue to be operated as a short-term rental. The owner must request the renewal in writing from the Zoning Enforcement Officer at least 90 days prior to such anniversary. Failure to do so may result in the lapse of the short-term rental certificate. Within 30 days after receipt of a renewal request, the Zoning Enforcement Officer shall review whether the short-term rental is in compliance with the terms of its short-term rental certificate. The Zoning Enforcement Officer shall have the discretion to renew, amend, or deny the renewal of the short-term rental certificate for good cause shown, which may include considerations of violations of the Town Code at the short-term rental unit as well as considerations of noise, disorderly conduct, or public safety at the short-term rental unit. No short-term rental shall be permitted at any time when a valid short-term rental certificate is not in effect.

(4) Within 60 days after the effective date of this section, the owners of the primary residence being operated as a short-term rental on such effective date shall submit to the Zoning Enforcement Officer an application for a short-term rental certificate.

(5) If the owner of a primary residence in the Town of Milan has short-term rentals on the property of the primary residence or owns an additional property therein on which he or she has a short-term rental on the effective date of this legislation and is not using their primary residence as a short-term rental, said owner may continue the nonconforming accessory use of the additional property as a short-term rental, provided the owner submits proof satisfactory to the Zoning Enforcement Officer showing short-term rental of the property during the 90 days prior to the effective date of this section. Applications to continue this nonconforming use, subject to the terms of this chapter, must be made within 60 days of the effective date of this section. If the short-term rental certificate lapses on a nonprimary residence short-term rental, then that nonconforming use has lapsed and cannot be re-established under the nonprimary residence condition.

(6) In addition to the required application fee, a renewal fee shall be paid to the Town in an amount to be set by resolution of the Town Board. The failure to pay required fees shall be a violation of this section.

(7) A short-term rental certificate shall include the following:

(a) The name, address, email, and phone number where the owner of the short-term rental unit can be reached on a twenty-four-hour basis.

(b) The name, address, email, and phone number where the authorized local agent of the owner of the short-term rental unit can be reached on a twenty-four-hour basis, if different from the owner.

(c) The street address of the rental unit, the number of bedrooms in the rental unit, the maximum number of overnight occupants, limited to two persons per bedroom, and maximum number of daytime occupants, limited to two times the number of overnight occupants of the short-term rental, acknowledgement that all designated bedrooms meet the requirements of the Town Code and Uniform Code, and acknowledgement that the local agent and owner have read all regulations pertaining to the operation of a short-term rental.

(d) Copies of a current Dutchess County hotel occupancy tax certificate.

(e) Signatures of the owner of the primary residence and, if applicable, their authorized local agent.

(f) For a short-term rental, unhosted, the owner shall demonstrate that the property is the primary residence of the owner as defined in § 200-5 of this chapter.

(8) A short-term rental certificate shall terminate upon the sale or transfer of ownership of the property.

D. Parking. One off-road parking space, not located on the property's lawn or vegetated area, must be provided per bedroom intended for short-term occupancy. No parking lots or parking areas shall be closer than 20 feet to any residential property line.

E. Advertising. All advertising, including advertising on reservation websites, for a short-term rental shall include the following:

(1) The maximum number of overnight occupants permitted to stay in each short-term rental unit, and maximum number of daytime occupants allowed in the rental unit and on the property.

(2) Notification that occupants and/or their guests are required to comply with the Code of the Town of Milan.

(3) A summary of the general rules of conduct, including a statement that the Town of Milan is a residential community and any unreasonable noise or disturbances, disorderly conduct, or violations of the Town Code will not be tolerated and may result in citation, fines, and/or revocation of the short-term rental certificate.

(4) The Town of Milan registration number for the unit.

§ 200-37 Multiple dwellings.

A. Multiple dwellings, as defined in Article II, are permitted by special use permit through the Planning Board. All standards and procedures of Article VIII, Special Use Permits, and Article IX, Site Plan Approval, shall apply.

B. The following shall apply in addition to all other regulations of the Town of Milan with respect to multiple dwellings:

(1) Height. No multiple dwelling shall exceed two stories in height, nor shall it exceed a maximum overall height of 35 feet.

(2) Residential density. For the first group of dwelling units, the number of dwelling units per acre shall not exceed that permitted in the underlying district. For additional units over the first group of dwelling units, at least one acre per dwelling unit shall be required.

(3) Area, yard and coverage provisions. All provisions applicable to the district in which the multiple dwellings will be located that are not inconsistent with the provisions of this section shall apply. Side yard setbacks shall apply to the sides of any group of attached or semidetached buildings.

(4) Automobile parking space shall be provided to accommodate not less than two cars per each dwelling unit, and none of such automobile parking spaces shall be located between the front building line and the public highway, notwithstanding the provisions of § 200-38. Required parking may be located off site, provided that it is within 500 feet of any dwelling unit that the parking is intended to serve.

(5) For units containing less than three bedrooms, the Planning Board shall have the authority to reduce to one the number of required parking spaces per dwelling unit, where it can be shown that fewer spaces are required.

(6) Individual dwelling units shall not be smaller than the following minimum square footage requirements:

Dwelling Type	Minimum Square Footage
Studio	300
1-bedroom	450
2-bedroom	550
3-bedroom	750
Additional square footage required for each additional bedroom	150

(7) Dwelling. All of the provisions of §§ 200-27 and 200-46 pertaining to ground floor space, basement occupancy and slope of yards shall be applicable to all multiple-family dwellings.

(8) A vegetative buffer along any side or rear lot (along the entire length of the lot line) shall be provided where any structure within a multiple-dwelling development is located within 200 feet of any other building not within the multiple-dwelling development. Such buffer shall measure at least 25 feet in width and shall be planted with trees or shrubs to grow at least six feet in height.

(9) All provisions of the Multiple Residence Law of the State of New York and this chapter shall be applicable for multiple dwellings.

[Amended 4-22-1996 by L.L. No. 1-1996]

§ 200-38 Off-street parking and loading requirements.

[Amended 4-22-1996 by L.L. No. 1-1996; 6-11-2003 by L.L. No. 1-2003]

A. Purpose. The purpose of the off-street parking and loading regulations is to ensure that such uses are treated as accessory uses, that they do not predominate the site, are placed to the side and rear of buildings to minimize their visibility, and feature quality landscaping to reduce the visual impact of glare, headlights, and parking lot lights from roadways and neighboring properties. Off-street parking areas, as promulgated hr the National Parking Association, should complement the buildings on a site, improve the appearance of the Town of Milan, protect the character of residential, business, institutional, and industrial areas, and conserve the value of land and buildings on surrounding properties.

(1) Permitted accessory uses. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the provisions of this section. Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. No off-street loading berth shall be located in a front yard.

(2) Schedule of requirements.

(a) Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations.

[Amended 8-13-2007 by L.L. No. 6-2007; 11-15-2021 by L.L. No. 2-2022]

	Table of Uses and Parking Space Requirements
	Use		Parking Spaces Required	Loading Spaces Required
	Residential
	Accessory/secondary dwelling unit		1 / dwelling unit	None
	Alternative care facility		0.33 / resident	One
	Bed-and-breakfast		1 / unit or room, plus	None
			2 for owners/managers
	Day-care facility		1 / employee, plus 0.1 space per person of licensed capacity enrollment, plus drop-off spaces equal to one for each eight enrollees permitted	None
	Home occupation		1 / 500 square feet GFA devoted to the home occupation	None
	Hotel/Motel		1 / sleeping room or unit, plus any spaces required for restaurant and meeting rooms, plus 1 space for each 4 employees on the peak activity shift	As required for restaurant and meeting rooms
	Multiple dwellings:
		Studio	1.25 / dwelling unit	None
		1 bedroom	1.5 / dwelling unit
		2 or more bedrooms	2 / dwelling unit
	Nursing or convalescent home		0.33 / resident	One
	Short-term rental		1 / bedroom	None
	Single-family dwelling unit		2 / dwelling unit	None
	Two-family dwelling unit		1.5 / 1-bedroom unit, plus 2 / 2-bedroom unit	None required for the first 25 units; thereafter 1 space for every 100 units per building
	Retail
	Convenience retail		4 / 1,000 square feet GFA	Same as general retail
	General retail		3.3 / 1,000 square feet of GFA	None for the first 10,000 square feet of GFA, then 1/30,000 square feet up to 65,000 square feet
	Hard goods retail		2.5 / 1,000 square feet GFA interior sales space, plus 1.5 / 1,000 square feet interior storage	Same as general retail
	Motor vehicle sales and service		2.5 / 1,000 square feet GFA interior sales space plus 1.5 / 1,000 square feet of external display (does not include stock areas closed to the public), plus 3 / service bay	Same as industrial
	Other retail/service uses		As determined by the Planning Board	Same as general retail
	Personal service business		2 / treatment station, but not less than 4 / 1,000 square feet GFA	None
	Roadside stand selling agricultural and nursery products		4 / 1,000 square feet GFA	None
	Service retail		2.4 / 1,000 square feet GFA	Same as general retail
	Food and Beverage
	Eating and drinking business		12 / 1,000 square feet GLA, plus any spaces required for banquet and meeting rooms	1/30,000 square feet GLA
	Restaurant		16 / 1,000 square feet GLA for kitchen, serving counter and waiting area, plus 0.5 / seat provided	With indoor seating area, one; with no seating area, none
	Office/Business Services
	Business and professional offices		3.6 / 1,000 square feet GLA for GFA up to 30,000 square feet; 3 / 1,000 square feet GLA for buildings with GFA over 30,000 square feet	None for the first 30,000 square feet GFA, then 1 thereafter
	Funeral homes		1 / 3 persons accommodated at capacity, plus one per 2 employees	1 / chapel, which shall be 10 feet wide, 20 feet long, and 7 1/2 feet high
	Medical offices and clinics		6 /1,000 square feet GFA for GFA up to 5,000 square feet; 5.5 / 1,000 square feet GLA for buildings with GFA over 5,000 square feet	None for the first 30,000 square feet GFA, then 1 thereafter
	Industrial
	Manufacturing		2 / 1,000 square feet GFA, plus any required spaces for offices, sales, or similar use or as special conditions may require	1 / 10,000 square feet up to 50,000 square feet GFA, plus one for each 50,000 square feet thereafter
	Institutional/ Recreational
	Clubs		1 / 1,000 square feet GFA but not less than 1 / 5 seats	None
	Hospitals or sanitariums		0.4 / employee plus, 1/3 beds, plus 1 / 5 average daily outpatient treatments, plus 1 / 4 members of medical staff	1 / 100,000 square feet GFA
	Institutions of higher learning, public libraries, museums, state- accredited private schools		To be established by the Planning Board based on a study of parking needs prepared specifically for the subject institution	To be established by the Planning Board based on a study of parking needs prepared specifically for the subject institution
	Nursery school		1 / employee, plus 0.1 / person of capacity enrollment, plus drop-off spaces equal to one for each 8 enrollees permitted	None
	Place of public assembly		0.25 / person in permitted capacity	1 / 100,000 square feet GFA
	Recreational facility		0.33 / person in permitted capacity	1 / 100,000 square feet GFA

(b) Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

(c) Definitions. As used in this chapter, the following definitions shall govern the interpretation of the parking regulations. The uses enumerated and similar uses not specifically defined may be located as stand-alone facilities (in separate buildings), combined in buildings generally housing a number of similar uses or located in mixed-use facilities where a wide range of nonrelated uses may be combined in a single building, or development complex.

EMPLOYEE

The regular working staff (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.

GROSS FLOOR AREA (GFA)

The gross floor area, including the exterior building walls, of all floors of a building or structure. GFA shall include all occupiable areas minus the following deductions:

[1] Vehicular parking and loading areas within the structure.

[2] Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.

GROSS LEASABLE AREA (GLA)

The gross floor area minus the following floor area deductions:

[1] Elevator shafts and stairways.

[2] Public rest rooms.

[3] Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.

[4] Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).

OFF-STREET PARKING FACILITY

Parking spaces located in an area other than on a street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three tons or not parked continuously for periods of more than 48 hours, except in facilities designated for special uses. Parking facilities include the following subclasses:

[1] SURFACE PARKING LOT A parking facility constructed on prepared grade and without a covering roof or structure.

[2] OPEN PARKING STRUCTURE A parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements for natural ventilation as specified by the New York State Building Code.

[3] ENCLOSED PARKING STRUCTURE A parking area or facility comprising one or more doors as a part or whole of a building, that does not meet adopted Building Code requirements for openness.

(d) Use categories. For the purpose of calculating parking and loading requirements, uses are defined as follows:

[1] Cultural/Recreational and entertainment:

[a] Public-assembly, including art galleries; auditoriums; community and recreational centers; convention rooms; ballrooms; meeting rooms and exhibit halls; libraries; museums; movie and performing arts centers; arenas; funeral homes: churches, synagogues and mosques; outdoor theaters/festival/drama; and mausoleums.

[b] Public recreation, including gymnasiums, health clubs, roller and ice skating rinks, tennis, racquetball, swimming and other recreational facilities.

[c] Educational, including grade and secondary schools, colleges, special education facilities, trade schools, adult education facilities or testing/research facilities used for or in conjunction with educational purposes.

[2] Food and beverage services:

[a] Restaurant, including restaurants, lounges, bars and taverns with or without dancing and entertainment facilities, which provide only seated table service.

[b] Eating and drinking business, without a bar or lounge area, which provides food delivered to tables or dining counters, and only incidental carryout service. Alcoholic beverages may be served with meals only.

[3] Governmental:

[a] Federal, state, County, Town and municipal buildings of all types and facilities used by public or quasi-public agencies that serve or assist the public or provide an accepted public purpose.

[4] Industrial manufacturing, processing, assembly, and/or packaging plants of all types.

[5] Office and business services:

[a] General business offices, including accounting; advertising; architectural/engineering/planning; bookkeeping; business and management consulting; charitable; consumer protection; corporate credit reporting; data processing; detective services; interior decorating (without furniture showrooms); legal offices; newspaper and newspaper distribution; philanthropic or professional membership business associations; publishing houses (without printing plants); public relations; religious services; research labs; stenographic services; syndicator offices; title abstracting; travel agencies and window cleaning services.

[b] Financial services offices, including collection services; commodity or security broker/dealer; currency exchange; employment agencies; employment services; financial institutions, including banks, savings and loans, credit unions, with or without drive-in facilities; general business offices; financial counseling; income tax preparation; insurance agencies/brokers/service offices; loan companies; labor unions; public relations; real estate offices; etc.

[c] Medical offices, including dentists; physicians; chiropractors, psychiatrist/psychologist; nonresidential psychiatric, alcoholic and narcotic treatment centers; dental and medical laboratories; medical clinics and outpatient surgery/treatment centers; offices for the fitting and repair of hearing aids, prosthetic appliances, etc.

[d] Home occupation offices, including such services, provided solely by the owner or tenant, as consulting, accounting, insurance, public relations, tax preparation, legal, stenographic, planning and design and similar activities.

[6] Residential uses:

[a] Single-family dwellings, including detached houses and duplexes, townhouses, and clustered dwelling units that may be attached but have separate entrances and/or parking areas for each unit or common parking areas serving two or more units.

[b] Multifamily dwellings, including condominium and apartment buildings with common entranceways and/or parking areas, for two or more dwelling units.

[c] Accessory dwelling units, above, below or on the same floor level as the primary nonresidential use within the same building, as well as separate dwelling units attached or adjacent to the primary dwelling unit and on the same parcel of land and intended for use by dependents, household providers or relatives of the occupants of the primary residential unit.

[d] Sleeping rooms, including boarding, lodging, and bed-and-breakfast in houses, rectories and convents, and rooms that are rented or used on an individual basis by nonfamily members.

[e] Commercial lodging, including hotels, motels, motor lodges and motor courts.

[f] Group, convalescent and nursing homes, where unrelated persons reside under supervision for special care, treatment, training or other purposes, on a temporary or permanent basis.

[g] Day-care centers, where unrelated persons are cared for during limited periods each day in a supervised facility.

[h] Hospitals, including teaching and specialized medical centers, sanitariums, and residential alcoholic, psychiatric and narcotic treatment facilities that provide for temporary or long-term resident patient care.

[7] Retail/Service uses:

[a] General retail, including generally the sale of items such as antiques; art; art supplies; bicycles; books; camera and photographic supplies; china and glassware; clothing, coin and stamp; crafts/needlework; discount/mass merchandising; drapery/curtain/window coverings; dry goods; fabrics and sewing accessories; floor coverings; furriers and fur apparel; gifts/novelty/souvenirs; hobby; jewelry; linens/sheets/towels; leather/luggage/suitcases; musical instruments; optical shops; newspapers and magazines; retail florist (no greenhouse); paint and wall coverings; pet shops; records/audio/stereo/television; school and office supplies; secondhand and resale; shoes; small electrical appliances; specialty; stationery; tobacco; toys.

[b] Convenience retail, including bakeries and confectioneries (nonmanufacturing); butchers/meat shops; dairy products; eggs and poultry; fish and seafood; fruit and vegetables; frozen desserts (without customer seating tables); grocery/supermarkets; liquor; laundry/dry cleaning (pickup station only); pharmacy/drug: film/video rentals.

[c] Service retail, including drapery services; direct selling; appliance repair, tool and appliance rentals; mail order; merchandise vending; printing/copy; shoe repair; pawn shops; photographic studios; tailoring and dressmaking; upholsterers:

[d] Hard goods retail, automotive parts and supplies (without repair facilities); furniture; key and lock; hardware; wholesale florists; garden supply; greenhouse; nurseries; truck gardens and orchards; lumber and building supplies; household appliances; lighting and electrical supplies; pool and patio furniture; and sales display and showrooms for any building product (including millwork, cabinets, plumbing, glass and mirror, fencing, swimming pools/spas/hot tubs, etc.).

[e] Personal care services, including barber and beauty shops, cosmetology and cosmetic salons; diet counseling centers; electrolysis/hair removal salons; and fingernail salons.

[f] Coin-operated laundry and coin-operated dry-cleaning facilities, with or without attendant services and/or a pickup station for outside dry-cleaning service.

[g] Other retail/service uses, including animal clinics/hospitals/veterinarian offices; kennels and pounds.

[h] Temporary retail, including roadside stands and outdoor markets.

[i] Motor vehicle sales and service, including automotive sales; gasoline and/or diesel fuel stations; automotive rental agency; marine craft sales and service; engine and motor repair shops; automotive glass/muffler/painting/tire/upholstery/repair shops, recreational and sports vehicle sales and service.

[j] Motor vehicle laundries and washing facilities, including facilities for washing, waxing and cleaning of vehicles and vehicle components, but expressly prohibiting facilities or equipment for the repair, overhaul or storage of motor vehicles or vehicle components.[1]

[1] Editor's Note: Former Subsection A(2)(d)[8], Storage/Wholesale/Utility, which immediately followed this subsection, was repealed 8-13-2007 by L.L. No. 6-2007.

(3) Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than the street or a driveway. A driveway for a one-family or two-family residence may count as one parking space, other than on a corner lot, where the visibility at intersections is to be safeguarded.

(4) Size and location of parking spaces.

(a) All off-street parking should be located behind or to the side of the principal building(s), but in no case within 50 feet of the front lot line. Parking spaces shall be screened from public view to the maximum extent practicable, provided such screening does not interfere with safety standards for sight distance. Within the HA and HB Zoning Districts, the Planning Board is authorized to reduce applicable front yard setbacks to allow placement of buildings nearer to the street, when parking is provided wholly at the rear of buildings, and to link the site to the streetfront and sidewalk systems, whether existing or planned.

(b) Two hundred fifty square feet shall be considered one parking space, to provide room for standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection D(3) herein. The minimum stall width shall be nine feet; the minimum length 18 feet. Provision shall be made at convenience retail facilities for shopping cart collection areas. Recommended parking dimensions are shown in the illustration below.[2]

[2] Editor's Note: The Recommended Parking Dimensions Diagram is on file in the office of the Town Clerk.

(5) Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.

(6) Drainage and surfacing. All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a suitable surface as specified by the Town Engineer.

(7) Landscaping.

(a) In parking lots of one acre or more, at least 15% of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the fifteen-percent requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches and 10 shrubs shall be planted for each eight parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles.

(b) The following principles of off-street parking lot design shall be considered in developing a landscape plan. It is recognized that each site is different due to topography, the presence of surface water resources, and other factors such as snow removal. Therefore, while the use of all principles is encouraged in parking lot design, each may not be attainable on every site. The Planning Board remains responsible for determination of which principles shall be employed on each site.

[1] Use of native species is highly encouraged since such species are tolerant of Southeastern New York's climate, generally disease-resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large-leafed and/or fruiting trees should be avoided.

[2] To reduce the visual impact of the parking lot, provide a ten-foot-wide landscape strip around the perimeter of the lot, to be planted with shade trees and low shrubs; provide a minimum of one shade tree every 35 feet of lot perimeter, but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot.

[3] Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks where the interstices of the blocks are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand.

[4] Divide the rows of parking with planting strips and trees, averaging a tree every six to 10 spaces. Planting strips should be a minimum of eight feet in width.

[5] Provide diamond-shaped tree islands six feet wide for every four to six parking stalls.

[6] Reduce visual impacts by breaking up large parking lots into smaller parking groves and parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. Avoid more than 10 parking spaces in a continuous row and more than 60 spaces in any single parking area defined by landscaping.

[7] Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.

[8] Provide planting islands between every 10 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree.

[9] Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.

[10] Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed.

[11] At least 25% of the shade trees should be evergreen type.

[12] The use of non-plant materials as part of the landscape plan is encouraged, especially where such materials exist on the subject site. These materials may include the following: large landscape-quality boulders, water features, wood or concrete soil-retaining devices, gravel, concrete garden amenities, and approved mulch materials.

[13] Lighting should complement the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light.

[14] In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These facilities should generally he oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply:

[a] One walkway can serve as a collector for up to four bays of parked cars.

[b] The walkway should be a minimum of four feet wide, allowing an additional 30 inches on each side for overhanging of automobiles.

[c] All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot.

[d] Provide pedestrian and bicycle amenities such as benches, shade, human-scale lighting, and bicycle racks.

[15] All plant material used to landscape parking lots is to maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found herein.

[a] Landscaping shall be installed with adequate precautions to ensure survival, as shown on the approved landscape plan, prior to issuance of a certificate of occupancy for the building or use.

[i] Landowners shall be responsible for proper maintenance and care of all landscape treatments approved by the Planning Board. The Town's Code Enforcement Officer is authorized to inspect periodically all landscape treatments, including screening, as approved by the Planning Board or to investigate complaints made by any official or private citizen concerning the maintenance of such landscape treatments. If completion of required landscape work is not practical due to seasonal or weather conditions, the applicant shall submit assurances to the Town Building Inspector for the completion of landscaping. The acceptable assurance guaranteeing the completion of landscaping shall be an irrevocable letter of credit, certified check, performance bond, or other acceptable assurance, equal to the cost of the landscaping work, accompanied by written assurance that such landscaping shall be completed in accordance with an approved site plan within a specified period of time not exceeding six month from the due date of occupancy.

[ii] Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner or lessee is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all planting as needed. Any plant that dies shall be replaced with another living plant that complies with the approved site plan within 90 days, or as soon as practical given weather conditions, after notification buy the Town Building Inspector.

[iii] A three-year maintenance bond shall be provided to ensure successful planting.

(8) Joint facilities, Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.

(9) Design standards.

(a) Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

(b) Parking spaces shall have wheel stops or curbs to present injury to trees and shrubs planted in landscaped islands.

(c) Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/car pool parking, and other facilities for transportation alternatives to single-occupancy vehicle use shall be provided wherever practical.

(d) All above ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness.

(10) Screening from residential uses.

(a) Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a substantial wall, fence, or berm, or a thick evergreen hedge, with a height of not less than six feet at the time of planting and pruned to a height of not less than 6 1/2 feet. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet.

(b) Whenever a parking lot is located across the street from land in any residence district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

(c) Identification and directional signs located on the street side of such screening shall not exceed an area of two square feet each and shall be limited to such number as are essential for the particular use.

(11) Trailers (camping or travel), motor boats, and commercial vehicles not exceeding 26 feet in length.

(a) The outdoor storage, parking or use of camping or travel trailers, motor boats, and commercial vehicles exceeding 26 feet in length is hereby prohibited in all districts, except that:

[1] One camping or travel trailer may be stored but not used for any purpose on an occupied lot (or on an adjacent unoccupied lot, if both lots are under common ownership).

[2] Said camping or travel trailer shall not exceed 40 feet in length.

[3] Said camping or travel trailer shall not be located between the street line and the principal building and shall conform to side and rear yard requirements governing accessory uses.

[4] Camping or travel trailers and other recreational vehicles may be used only in a duly established camping or travel-trailer camp or park or similar facility.

[5] One commercial vehicle, not exceeding 26 feet in length, may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.

[6] One commercial vehicle, not exceeding 26 feet in length, may be parked within a private garage in any residence district.

[7] Commercial farm vehicles are permitted as accessory to a commercial farm use in any district where commercial agriculture is permitted.

(b) Not more than one motor boat may be stored in the open on a lot (or on an adjacent lot, if both lots are under common ownership) in a residence district, provided that such motor boat is not stored within the required front yard setback and such storage shall conform to side and rear yard requirements governing accessory uses.

(12) Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.

B. Additional requirements for off-street loading berths.

(1) Accessory open or enclosed off-street loading berths shall be provided for any lot or any use as specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such requirements.

(2) Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise shall be provided as in the case of parking areas as set forth in § 200-38A(10).

C. Regulations affecting both parking and loading facilities.

(1) Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 50 feet of the intersection of any two street lines.

(2) On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district.

§ 200-39 Open space and conservation easements. [1]

[Added 9-13-2004 by L.L. No. 6-2004]

A. Open space.

(1) Permanent protection of open space. Conservation easements are the preferred method to protect open space under New York State law. The permanent preservation of such open space shall be legally assured to the satisfaction of the Planning Board and Town Attorney. In all cases, the Town Board shall be granted third-party enforcement rights to enforce the terms of the easement. The following regulations shall apply:

(a) Conservation easements shall be titled to a private conservation organization or to the Town of Milan, provided that:

[1] The conservation organization is acceptable to Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law;

[2] The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or Town of Milan becomes unwilling or unable to continue carrying out its functions; and

[3] A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Milan to ensure perpetual maintenance of the open space.

(b) The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions. Under no circumstances shall any development be permitted in the protected open space at any time, except for the following uses:

[1] Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow). The clearing of woodland shall generally be prohibited, except as necessary to create trails and passive recreation facilities, to maintain scenic viewsheds identified by the Town as important aesthetic resources, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.

[2] Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated animal feeding operations (CAFO's) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, rallies, and other animals likely to produce highly offensive odors.

[3] Game preserve, wildlife sanctuary, or other similar conservation use.

[4] Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry.

[5] Neighborhood open space uses such as Village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.

[6] Water supply and subsurface sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area.

[7] Easements for drainage, access, sewer or water lines, or other public purposes.

[8] Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.

(2) Ownership of open space land and common facilities. The following methods may be used, either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. Open space trails may be initially offered for dedication to the Town. Open space land and common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following:

(a) Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities, provided that:

[1] There is no substantial cost of acquisition to the Town; and

[2] The Town agrees to and has access to maintain such facilities; and

[3] Such facilities for public use shall be accessible to residents of the Town.

(b) Homeowners' association. Open space land and common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in New York State regulations. In addition, the following regulations shall be met:

[1] The applicant shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

[2] The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

[3] Membership in the association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdividers control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units.

[4] The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

[5] The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.

[6] Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than 30 days prior to such event.

[7] The association shall have adequate resources to administer, maintain, and operate such common facilities.

(c) Noncommon private ownership. Open space land may be included within one or more lots, provided the open space is permanently restricted from future development, except for those uses listed § 200-39A(1)(b).

(3) Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, Conservation organization, private owner(s), or, in the case of open space and facilities deeded to the Town, the municipality.

(4) Sewage treatment systems. Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.

B. Conservation easements.

(1) Purpose and intent. The Town of Milan may acquire conservation easements over real property in accordance with § 247 of the General Municipal Law and Article 49, Title 3, of the Environmental Conservation Law. This section establishes guidelines and criteria for the evaluation of such easements in order to clearly establish the public benefit associated with any offer to donate or sell such easements. The proposed easement shall have a definite public purpose, which benefits the Town and the community as a whole.

(2) Term of easement. Any conservation easement offered to the Town shall be perpetual.

(3) Evaluation. The proposed easement should be further evaluated according to the following criteria:

(a) The proposed easement shall conserve, preserve and protect one or more of the following:

[1] An area which is significant because of its value as agricultural or forest land.

[2] An area which is significant because of its unique scenic or natural beauty.

[3] An area which is significant because of its value as a watercourse, waterbody, freshwater wetland or aquifer recharge area.

[4] An area which is significant because of its unique geological or ecological character.

[5] An area which is significant because of its historical, archaeological, architectural or cultural amenities.

[6] An area which is significant because of its value as a community recreational area, greenway corridor, or its relationship to an adjacent recreational area.

[7] An area which is significant because of its value as a wildlife habitat, for protection of biodiversity, or its relationship to an adjacent wildlife preserve or wildlife corridor.

[8] An area which is significant because of its intrinsic value as open space necessary to preserve scenic vistas or otherwise enhance community character and attractiveness.

[9] An area which is significant because of its intrinsic value as open space in determining future land use development patterns within the Town.

(b) Although conservation easements are not required to confer public use of the property, in certain cases, public use may be considered a factor in determining the significance of an area.

(4) Enforcement. Responsibility for enforcement shall reside with the Town. The easement should contain the necessary terms and restrictions to ensure that the original character of the area is maintained and to provide sufficient detail that the Town can effectively enforce all the terms and conditions of the easement. It shall be clearly stated that the owner of the property is responsible for the maintenance of the area.

(5) Additional structures. The fundamental purpose of the conservation easement is to conserve, preserve and protect open space. In the case of the reserved open space, limited structures or other improvements may be permitted to be constructed on the property under terms of the easement. Any structure or other improvements permitted under the easement must be strictly limited, must not encroach on the character of the area, and shall be fully defined in a manner satisfactory to the Town and consistent with zoning and other regulations prior to Town Board acceptance of the easement donation.

(6) Designated development areas. A conservation easement may contain one or more designated development areas (DDA). The Planning Board may require one or more DDAs as part of the cluster subdivision process. Development is permitted within DDAs subject to eh applicable laws, regulations, and required permits, and subject to any restrictions defined in the governing easement agreement. All DDAs must be defined in the easement agreement and completely specified on the final signed Mylar maps(s). No structures or impermeable surfaces are allowed within 10 feet of the DDA boundary with exception of driveways as approved by the Planning Board.

(7) Monuments. All designated development areas and conservation easements must be marked with visible concrete monuments. Monuments identify the boundaries of designated development areas and conservation easements for the benefit of property owners and to facilitate the annual review. Monuments must be four-inch by four-inch by thirty-six-inch-long concrete monuments, or four-inch diameter by thirty-six-inch-long concrete-filled steel pipes, or some similar alternative acceptable to the Planning Board. Monuments must be installed vertically in the ground, must be visible, and must extend at least four inches above ground surface. All monuments must be clearly identified and completely specified on the Mylar map(s) to include Universal Transverse Mercator grid coordinates to facilitate the use of hand-held global positioning systems for annual review.

(8) Donor donations. The Town Board may request a donation for costs relating to acceptance and ongoing monitoring of the conservation easement.

(9) Review by other agencies. The Town Board may request advisory opinions from the Town Conservation Advisory Council, the Town Planning Board and the Town Recreation Commission, and other appropriate agencies prior to acquisition of such an easement.

(10) Annual review. The Town is responsible for annual review of each conservation easement to verify the continued integrity of the easement.

(11) Public hearing. In accordance with law, the Town Board is required to hold a public hearing on the proposed acquisition prior to an action.

(12) Recording. The approved conservation easement shall be recorded with the Town Clerk, Town Tax Assessor, and the Dutchess County Clerk.

[1] Editor's Note: Former § 200-39, Off-street parking for commercial vehicles while loading and unloading, was repealed 6-11-2003 by L.L. No. 1-2003. See now § 200-38.

§ 200-40 Commercial logging. [1]

[Added 7-18-2022 by L.L. No. 6-2022; amended 4-12-2024 by L.L. No. 2-2024]

A. Purpose. This section is intended to promote the public health, safety, and welfare of the people of the Town by regulating forest use in such a way as to allow for sustainable forestry management that protects and preserves the environment, roads, property, and quality of life in the Town from the potential adverse effects of commercial logging and ensure that commercial logging operations are consistent with the policies of the Town of Milan; therefore, clear cutting is expressly prohibited by this section.

B. Exemptions. The following activities are exempt from the provisions of this section:

(1) The process of removing vegetation for installing improvements described on a subdivision plat or site plan approved by the Planning Board or site clearing preparatory to construction of a structure for which a building permit is required and which building permit has been issued by the Code Enforcement Officer. These activities are limited to occurring within any defined limits of disturbance found on the approved subdivision or site plan or included as conditions on the involved building permit.

(2) Harvesting of up to one cord of firewood per acre per year or up to 2,000 board feet of lumber per acre per year for noncommercial use by the property owner including the manufacture of maple syrup and other maple products by the property owner.

(3) Clearing of land for rights-of-way by public utilities or their agents or trees removed for public road construction, maintenance, and realignment.

(4) Clearing of land by or pursuant to government authority under the laws of the United States, the State of New York, the County of Dutchess, or the Town of Milan.

(5) The removal of trees that are located in a cemetery, on a Christmas tree farm or other tree plantation, and removal of hazardous or fallen trees, or for clearing dead or diseased trees.

(6) The selective removal of tree species according to a forest management plan consistent with § 480-a, or for some landowners, the older § 480, of the New York State Real Property Tax Law or the New York State Timber Harvesting Guidelines or the New York State Cooperating Forester Program in and in accordance with environmentally sound and sustainable silvicultural principles:

(7) Clearing for agricultural use of two acres or less.

(8) Clearing of one acre for building a house and 1/4 acre for any accessory building in conjunction with a plan submitted to the Town of Milan Planning Board.

(9) A forest regeneration method devised and overseen by a Town-approved certified forester who shall submit the plan for review and acceptance by the Town of Milan Planning Board; all costs to be paid for by the applicant.

C. Commercial logging permit required.

(1) No person, firm, corporation, or other entity (hereinafter referred to as "person") shall engage in commercial logging in the Town without a commercial logging permit issued by the Town of Milan in accordance with the Zoning Law.

(2) The Town of Milan shall adopt an application form for commercial logging and from time to time amend it.

(3) All commercial logging permit applications shall be submitted to the Planning Board along with the required fees as set forth. The application shall identify the parcel by tax index number and shall describe the location of the proposed commercial logging operation, the acreage impacted by the commercial logging operation, an estimate of the expected number of trees or board feet of lumber to be harvested, a detailed map and count of the Legacy trees, the name and address of the person or entity who will be completing the harvest and if not available the name and address of the person responsible for compliance with the approved commercial logging permit, and an estimate of the duration of the proposed harvest. The application shall be signed by the owner of the property where the proposed commercial logging will occur and such owner shall also certify their responsibility for compliance with the terms of the commercial logging permit.

D. Commercial logging permit process.

(1) Commercial logging permit applications shall be submitted to the Planning Board for review and approval as a commercial logging special use permit if it conforms to the standards provided herein, as well as the other requirements of the Zoning Law. If the Planning Board approves such an application, it shall direct the Zoning Enforcement Officer to issue a commercial logging permit in accordance with such approval.

(a) The commercial logging permit application shall include all required materials identified herein. This shall include a plan that has been designed to prevent impacts to watercourses, wetlands, floodplains and includes a soil erosion and sediment control plan as well as a detailed plan for remediation of the site that will prioritize being visually pleasing as well as environmentally sound. This shall include a timber harvesting plan developed by a Town-approved New York State cooperating consultant forester, or a professional forester with at least a Bachelor's degree in forestry and certified by the Society of American Foresters and paid for by the applicant. The forester (or a suitable replacement with the same qualifications) who devises the logging plan shall at the owners's expense review the logging operation process and progress at the estimated halfway point and at the end and submit a report to the Zoning Enforcement Officer verifying that the company has adhered to the logging plan throughout the process.

(b) The proposed commercial logging operation and activities shall not endanger the health, safety, welfare, or property of the Town, the public, the property owner, or an adjacent property owner.

(c) The proposed commercial logging is consistent with good silvicultural, horticultural or vegetation management and will not have an adverse visual or ecological impact, as determined through the SEQR environmental impact assessment review of the application.

(d) The proposed commercial logging operation and activities, including the proposed site remediation after the conclusion of the harvest, is consistent with the "Timber Harvesting Guidelines for New York" and the "New York State Forestry Best Management Practices Field Guide," as amended, to the extent that said guidelines do not contradict the provisions of the Zoning Law, in which case the provisions of the Zoning Law shall control. There may be situations where strict adherence to certain provisions of the "Timber Harvesting Guidelines for New York" and best management practices are impossible or impractical to attain, based upon the unique characteristics of the property proposed for logging. Alternate measures exist that can be substituted for such guidelines in appropriate circumstances. In such cases, with the assistance of a New York State Department of Environmental Conservation Cooperating Forestry Program professional forester and the Planning Board may grant a waiver from the strict application of the guidelines where reasonable and necessary.

(e) Lands that are enrolled under § 480-a or § 480 of the NY State Real Property Tax Law, at the time of adoption of Local Law No. 6-2022 are exempted from the provisions in this section provided that a copy of a valid certificate of approval of enrollment in the § 480-a or § 480 program is filed with the Town of Milan Building Department. All new § 480-a long-term management plans and five-year updates to existing § 480-a long-term management plans are subject to issuance of a commercial logging permit by the Planning Board. In these cases, the Planning Board shall determine the extent of review and may waive any requirement that the Board determines is not necessary for the intended project.

(f) A statement that the applicant agrees to indemnify the Town of Milan and to reimburse the Town of Milan for any damage caused to Town roads, bridges, or culverts, as determined by the Town of Milan Highway Superintendent, and to pay any and all fees associated with such damage. Upon a written recommendation from the Town Highway Superintendent that there exists the potential for damage to a Town road, the Planning Board shall include a condition which prevents damage to Town roads from truck traffic associated with the commercial logging activities. Restrictions may include but are not limited to restricting truck traffic routes and/or posting of a performance bond for damage to Town roads.

(g) The period of time during which the timber harvest will take place setting forth the date of commencement, the date of termination, the days of the week and hours of the day when timber harvest activities will take place.

(h) Vehicle access route(s) to and from the site of the large-scale commercial logging operation where the access route(s) involves Town roads.

(i) The landowner shall provide the Planning Board proof of a contract bond with the logging entity in the amount of $10,000 naming the Town of Milan as beneficiary.

(2) Commercial logging permit submission requirements.

(a) The applicant shall submit a site map that shall show:

[1] Boundaries of the parcel or parcels where the commercial logging is proposed;

[2] Roadways, streams, waterbodies, wetlands, and topographic contour interval lines within the area affected by the commercial logging;

[3] Proposed harvest area, proposed haul road(s), landing area(s), and ingress/egress at public roads.

[4] A detailed site map showing among other things 65% of healthy noninvasive trees identified by using the industry standard basal area formula to be designated as legacy trees, which are to be marked/flagged, along with all vegetation in a 200-foot-diameter circle of protection around each tree and connected by a swath of similarly marked protected vegetation no less than 100 feet wide. When features such as proximity to the property line prohibit the 100-foot circle of protection the Planning Board shall have the discretion to allow for smaller areas in those instances as long as the overall zone of protection is not diminished. This can be achieved by increasing protection zones in other areas. The goal is to harvest in such a way that allows these species to regenerate and ensures that the forest's overall ecological health is maintained, restored or even enhanced.

[5] The applicant shall submit a site reclamation plan for the portion of the parcel or parcels affected by the commercial logging operation. This plan shall show proposed site cleanup and remediation to be undertaken upon conclusion of the commercial logging operation. The site reclamation plan shall address post commercial logging cleanup measures as outlined in the "New York State Forestry Best Management Practices Field Guide," as amended.

E. Standards for all commercial logging operations. All commercial logging activities and operations shall adhere to the following standards:

(1) The commercial logging shall be in accordance with the "New York State Forestry Best Management Practices For Water Quality (BMP)," as amended, to the extent that said BMP does not contradict the provisions of the Zoning Law, in which case the provisions of the Zoning Law shall control.

(2) The loading and skidding of timber shall not be conducted on Town roads nor shall landings be located on Town roads.

(3) Wood chips, crushed stone, or other approved materials shall be used where access roads meet public roads in order to prevent debris from tracking onto the public road.

(4) All commercial logging operations and activities, including related stormwater runoff, shall be contained within the subject parcel or parcels and shall not impact adjacent parcels or public roads.

(5) Haul roads used during the commercial logging operation shall avoid, to the extent practicable, slopes of 10% grade or more and 5% grade or more on highly erodible soils.

(6) Haul roads shall not be located within 200 feet of any perennial stream or wetland to the extent practicable. Said zone shall be measured from the mean high water line of the stream or the boundary of the wetland. All perennial stream crossings shall be constructed and maintained in accordance with the New York State BMP, as amended and any necessary permits for stream crossings of protected streams or protected wetlands shall be secured prior to approval of a commercial logging permit.

(7) No skidding or other commercial logging activities shall occur within 200 feet of the mean high water line of a perennial stream or wetland.

F. Review by the Town Highway Superintendent.

(1) The Planning Board shall refer all applications for commercial logging to the Town Highway Superintendent. The Town Highway Superintendent shall be responsible for review of commercial logging permit applications as follows:

(a) Conduct a site inspection to determine if the proposed commercial logging and related activities could impact traffic safety and/or the condition of Town roads in accordance with § 302 of the Miscellaneous Provisions of the New York State Highway Law. The Highway Superintendent shall report back to the Planning Board, within 30 days of having received the referral, and shall include any suggestions for specific changes to proposed plans or permit conditions. If no recommendation is submitted to the Planning Board by the date of the public hearing to consider the commercial logging permit application, then it shall be considered that the Highway Superintendent recommends approval of the application.

(b) The Highway Superintendent shall estimate the funds needed, if any, for repair of Town roads as a result of the proposed commercial logging activities. If the Highway Superintendent determines that the commercial logging activities could damage Town roadways, he or she shall prepare a cost estimate of the potential monetary impact to Town roadways. Upon notification from the Superintendent of Highways, the applicant shall deposit an amount equal to such cost estimate in an escrow account held by the Town for highway repairs caused by the commercial logging activities. Upon the completion of site reclamation, the Highway Superintendent shall perform an inspection. After completion of this inspection, any remaining funds not necessary for repair work will be returned to the applicant.

(c) The Highway Superintendent may require the applicant to create a temporary driveway entrance to the commercial logging site to prevent damage to the edge of the existing roadway. Said temporary driveway shall only be used during the commercial logging operation. The temporary driveway shall be removed within 30 days of the conclusion of the commercial logging and the site of the temporary driveway shall be restored to its previous condition.

(d) The applicant shall provide approval from the appropriate highway department should access to the commercial logging operation be on a state or county road.

G. Site reclamation. After completion of commercial logging activities, the affected site or sites shall be reclaimed in accordance with the New York State Best Management Practices, as amended. In cases where the Best Management Practices is not consistent with the provisions of the Zoning Law, the Town Zoning Law shall control including the site reclamation plan submitted at the time of the commercial logging permit issuance. All reclamation measures are subject to inspection by the Town Code Enforcement Officer to ensure compliance with this section.

H. Enforcement. This section shall be enforced in accordance with Article VI, § 200-55B, of the Zoning Law.

I. Insurance. Before commencement of any work pursuant to a commercial logging permit, the applicant shall provide to the Planning Board proof of worker's compensation insurance and proof of liability insurance in the minimum amount of $1,000,000 against any liability arising from the commercial logging activities.

J. Liability. Neither the issuance of a commercial logging permit, nor compliance with the provisions of this law or any Town law or with any conditions imposed by the commercial logging permit issued hereunder, shall relieve the applicant from full responsibility for any damage whatsoever to other persons or property as a result of the commercial logging activities undertaken, nor shall it impose any liability upon any officers, agents, or employees of the Town for damage to persons or property.

K. Authority. The Zoning Enforcement Officer has the authority to issue a cease and desist order if the logging entity is in violation of any section of this law.

L. Application fee. The fee for a commercial logging permit shall be as provided for in the Town of Milan Fee Schedule Resolution, as amended, and shall be set by resolution of the Town Board.

[1] Editor's Note: Former § 200-40, Transmission Tower Overlay District (TTO), which placed an interim moratorium on transmission tower use and development activity, added 7-3-2000 by L.L. No. 2-2000, expired 12-31-2000.

§ 200-41 Public garages, motor vehicle service stations and convenience stores.

[Amended 8-8-2005 by L.L. No. 3-2005]

Public garages, motor vehicle service stations and convenience stores shall meet the following standards:

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

B. All motor vehicle service stations shall be so arranged as to require all servicing to be performed on the premises and outside the public way.

C. No gasoline or petroleum fuel pump shall be placed closer to any side property line than 50 feet or closer to any street line than 25 feet.

D. No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than two weeks. No inoperative motor vehicle shall be kept on the premises of a convenience store for longer than 24 hours.

E. All waste material shall be stored within a structure or enclosed within fencing at least eight feet high and shall not be visible at any property line.

F. On any streets which provide access to gasoline or other petroleum product pumps at motor vehicle service stations, all repair facilities shall be at least 15 feet farther from the street line than the side of the gasoline or petroleum product pumps farthest from the street line.

G. All gasoline or petroleum products shall be stored in underground tanks in conformity with the latest edition of the National Fire Codes and applicable federal, State of New York and local regulations. Such tanks shall be located not less than 50 feet from any property line nor closer than 25 feet to any street right-of-way line. Facilities shall be provided to prevent corrosion of underground tanks and piping in order to prevent release of flammable substances. All vents and fill pipes for underground tanks shall be located at least 20 feet from any building.

§ 200-42 Public and private stables and riding academies.

[Amended 5-9-2001 by L.L. No. 3-2001]

A. Location of buildings. No building in which animals are housed shall be located less than 100 feet from any lot line.

B. Storage of manure. No manure shall be stored within 200 feet of any residence.

§ 200-43 Mining.

[Amended 8-13-2007 by L.L. No. 6-2007]

A. Mining is prohibited in the Town of Milan.

B. Existing mines. Any mine that is lawfully in existence on or before the effective date of this section may continue to operate so long as it is subject to a current permit under the Mined Land Reclamation Law, New York State Environmental Conservation Law, Article 23, Title 27, issued on or before the effective date of this law, or renewed pursuant to a permit issued on or before the effective date of this section. Notwithstanding any other provision of this law, a mine that is lawfully in existence on or before the effective date of this law may not be expanded beyond the boundaries of such mine as exists as of the effective date of this section.

§ 200-44 Signs.

A. Purpose. The purpose of these sign regulations is to:

(1) Encourage the effective use of signs as a means of communication in the Town.

(2) Maintain and enhance the aesthetic environment and the Town's ability to attract businesses and residents.

(3) Improve traffic safety by ensuring that signs do not present dangerous distractions or obstructions.

(4) Minimize the effect of signs on nearby public and private property.

B. Permitted signs. Signs shall be erected in accordance with the following tables. A variety of styles and types of signs are defined in Article II of this chapter. Regardless of the designations found in Table C, signs shall be permitted only when the sum of the area of all building and freestanding signs conforms to the requirements of Table D and all other provisions of this chapter.

[Amended 6-11-2003 by L.L. No. 1-2003; 8-13-2007 by L.L. No. 6-2007]

Table C:
Permitted Signs by Type and Zoning District
Sign Type		A5A	A3A	R2A	HA	HB	LC
Freestanding
	Residential(a)	P	P	P	P	P	N
	Other	N	N	N	S	S	P
	Incidental(b)	N	N	N	P	P	P
	Temporary(c)	S	S	S	S	S	S
Building
	Banner	N	N	N	S	N	N
	Building marker	P	P	P	P	P	P
	Canopy	N	N	N	S	S	N
	Identification	P	P	P	P	P	P
	Incidental	N	N	N	P	P	P
	Marquee	N	N	N	S	S	N
	Projecting	N	N	N	S	S	N
	Residential	P	P	P	P	P	N
	Roof, integral	N	N	N	S	S	N
	Suspended	N	N	N	S	S	N
	Temporary(c)	P	P	P	S	S	S
	Wall	N	N	N	S	S	N
	Window	N	N	N	S	S	N
Banners and flags
	Banner	N	N	N	S	P	N
	Flag	P	P	P	P	P	P
KEY:
P = Allowed without sign permit
S = Allowed only with sign permit
N = Not allowed

NOTES:
(a)	No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.
(b)	No commercial message of any kind allowed on sign if such message is legible from any location off the lot on which the sign is located.
(c)	The conditions of Subsections J and K apply.

Table D: Sign Dimensions
		District
		A5A	A3A	R2A	HA	HB	LC
Maximum total area for signs, per lot* (square feet)		8	8	8	100	200	8
Freestanding signs
	Maximum area (square feet)	6	6	6	24	48	6
	Height (feet)	3	3	3	6	12	3
	Setback (feet)	2	2	2	5	10	2
	Number permitted per lot	1	1	1	1	1	1
Building signs
	Maximum area (square feet)	2	2	2	NA	NA	2
	Wall area (percent)	NA	NA	NA	10	10	NA
	Number permitted per lot	1	1	1	3	3	1
Banners and flags
	Maximum area (square feet)	60	60	60	60	60	60
	Number permitted per lot	6	6	6	6	6	6

NOTES:

* Special provision contained in § 200-44D shall apply to incidental signs, building markers and flags.

C. Prohibited signs. All signs not expressly permitted under this chapter or specifically exempt from regulation are prohibited in the Town. Such signs include, but are not limited to:

(1) Animated signs.

(2) Portable signs.

(3) Beacons.

(4) Inflatable signs, tethered balloons and internally lit exterior signs, temporary and/or permanent.

D. Special provisions for certain signs.

(1) Building markers. One building marker per building up to a maximum of four square feet is permitted. Such marker may only include building name, date of construction, or historical data on an historic site.

(2) Canopy signs. Where canopy signs are permitted, there shall be no more than one per building, and the area of the sign shall not exceed 25% of the vertical surface of the canopy.

(3) Identification signs. One identification sign per building is permitted. Only address and name of occupant shall be permitted on the sign.

(4) Marquee signs. Where marquee signs are permitted, there shall be no more than one per building.

(5) Projecting signs. Where projecting signs are permitted, there shall be no more than one per building, and its area shall not exceed 12 square feet.

(6) Building signs, residential. Where building signs on residential properties are permitted, there shall be no more than one per lot.

(7) Roof signs, integral. Where integral roof signs are permitted, they shall be restricted to principal buildings, and there shall be no more than two per principal building.

(8) Suspended signs. Where suspended signs are permitted, there shall be no more than one per building, and they shall not exceed 12 square feet.

(9) Window signs. Where window signs are permitted, such signs shall not exceed 15% of the total window area.

(10) Flags. No flag shall be larger than 60 square feet. Any flag or similar object that is larger than 60 square feet shall be treated as a banner and subject to regulations as such.

(11) Banners. No banner shall be larger than 60 feet.

(12) Political candidacy signs. Temporary political candidacy signs must be removed by the candidate within 10 days after the election that the sign pertains to.

(13) Signs for public and institutional uses permitted in the A5A, A3A and R2A Zoning Districts shall comply with the dimensional requirements listed under the Hamlet District (HA) on Table D (see Subsection B above). Public and institutional uses are the only uses within the A5A, A3A and R2A Zoning Districts that will be allowed to have signs that vary from the dimensional standards specified on Table D for those zoning districts. However, a sign permit must be received from the Building Inspector for all public and institutional uses within the A5A, A3A and R2A Zoning Districts. No internally illuminated signs are permitted.

[Amended 6-11-2003 by L.L. No. 1-2003]

E. Computations. The following principles shall control the computation of sign area and sign height.

(1) Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or wall when such framework, bracing or wall otherwise meets zoning regulations and is clearly incidental to the display itself.

(2) Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than 36 inches apart, the sign area shall be computed by the measurement of one of the faces.

(3) Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. "Normal grade" shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming or excavating solely for the purpose of locating the sign.

(4) Computation of maximum total permitted sign area per lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in Table D, above, for the zoning district in which the lot is located.

F. Sign characteristics.

(1) All signs shall comply with the height, area and setback requirements contained in Table 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.

(2) Signs whose lettering, copy or message is readily changed or signs that are designed for changeable copy are prohibited, except in the Highway Business (HB) and Hamlet (HA) Zoning Districts.

(3) Illumination. Light for illuminated signs shall be of constant intensity and shall not direct significant glare onto any adjacent lot or towards motorists. The following specific regulations also apply:

(a) Externally illuminated signs are permitted in the Highway Business (HB) and Hamlet (HA) Zoning Districts only.

[Amended 8-13-2007 by L.L. No. 6-2007]

(b) All other illuminated signs are prohibited.

(4) Design, construction and maintenance.

(a) Signs shall be designed in such a way as to conform to and be in harmony with the characteristics of the surrounding neighborhood. Signs shall be designed so that they do not compete for attention with other signs or land uses. The Planning Board shall have the authority, during site plan and/or subdivision review, to suggest alterations in design that would implement the intentions of this subsection.

(b) All signs shall comply with the New York State Uniform Fire Prevention and Building Code.

(c) Except for banners, flags and temporary signs and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

(d) All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this code at all times.

G. Signs in the public right-of-way. No signs shall be allowed in the public right-of-way, except for the following:

(1) Permanent signs.

(a) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.

(b) Bus stop signs erected by a public transit company.

(c) Informational signs of a public utility regarding its poles, lines, pipes or facilities.

(2) Temporary signs. Temporary signs for which a permit has been issued in accordance with § 200-47, which shall be issued only for signs meeting the following requirements:

(a) Such signs shall contain no commercial message.

(b) Such signs shall be no more than eight square feet in area each.

(3) Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

(4) Other signs. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Town shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

H. Signs exempt from regulation. The following signs shall be exempt from regulation under this chapter:

(1) Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance.

(2) Any sign inside a building not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.

(3) Works of art that do not include a commercial message.

(4) Holiday lights and decorations with no commercial message, but only between November 15 and January 15.

(5) Traffic control signs on private property, such as "stop," "yield" and similar signs which contain no commercial message of any sort.

I. Permit procedures. Any sign requiring a permit under the provisions of this chapter that is to be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered shall be subject to the procedures of this section.

(1) Planning Board review of certain signs. All signs proposed as part of a site plan or subdivision shall be subject to Planning Board review. The Planning Board shall have the authority to approve all such signs. Sign reviews shall proceed in concert with the review of other aspects of the proposed plan or subdivision. Upon approval of a sign or signs subject to review as part of a site plan or subdivision, the Zoning Enforcement Officer shall be authorized to issue a sign permit. The Zoning Enforcement Officer may not issue a permit for any sign until he/she has made certain that such sign was not or should not have received prior approval from the Planning Board.

(2) Approval of other signs.

(a) Where a sign requiring a permit is not subject to site plan or subdivision review by the Planning Board, an application for a sign permit shall be submitted to the Zoning Enforcement Officer. The application shall be submitted on forms supplied by the Zoning Enforcement Officer and shall include:

[1] The name address and telephone number of the applicant.

[2] The location and principal use of the building, structure or lot to which or upon which the sign is to be attached or erected.

[3] A description, including size, of all existing signs located on the property or lot.

[4] A detailed drawing or blueprint showing:

[a] A description of the sign, including size, height, symbols, text, size of lettering, materials used and color of lettering or symbols and background.

[b] A description of the construction details of the sign.

[c] The position and type of lighting or other extraneous devices.

[d] A location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures, private or public roadways and property lines.

[5] Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner.

[6] Fee. (Refer to the Town's fee schedule.)[1]

[1] Editor's Note: See Ch. A208, Fees.

[7] Other materials or facts deemed appropriate by the Zoning Enforcement Officer.

(b) Issuance of a permit. It shall be the duty of the Zoning Enforcement Officer upon the filing for a sign permit to examine such plans, specifications, locations and other data submitted and approve said plans if they are in compliance with all requirements of this chapter and other applicable ordinances. The Zoning Enforcement Officer shall then, within 10 days, issue a permit for the erection of the proposed sign. In the event that plans submitted do not meet requirements of local laws and ordinances of the Town of Milan, the Zoning Enforcement Officer shall then notify the applicant, in writing, of the reason for refusal to issue a permit.

(c) If the authorized sign is not erected within six months of the date the sign permit is granted, the permit shall become null and void and new application, including fee, must be made. Where signs are approved as part of a site plan or subdivision, such approvals shall be deemed to expire with the expiration of site plan or subdivision approval.

J. Nonconforming signs. Nonconforming signs and sign structures may remain, except as qualified below:

(1) 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. Where applicable, a sign that is to be changed so that it will be conforming in all respects requires a sign permit.

(2) 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.

(3) A nonconforming sign or sign structure which is destroyed or significantly damaged may not be replaced except with a conforming sign. Where applicable, a sign permit is required for any replacement sign.

K. Temporary sign permits (private property). Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:

(1) Term. A temporary sign permit shall allow the use of a temporary sign for a specified thirty-day period.

(2) Number. Only one temporary sign permit shall be issued to the same business on the same lot in any calendar year.

(3) Size. Temporary freestanding signs shall not exceed eight square feet, regardless of the zoning district in which the sign is located. Temporary building signs shall conform to the size requirements of the district in which such signs are located.

(4) Other conditions. A temporary sign shall be allowed only in districts with a letter "S" for temporary signs on Table C, above, and subject to all of the requirements for temporary signs as noted therein.

L. Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and other applicable laws:

(1) To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located.

(2) To install, create, erect or maintain any sign requiring a permit without such a permit.

(3) To fail to remove any sign that is installed, created, erected or maintained in violation of this section.

(4) Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.

§ 200-45 Storage of flammable materials.

Materials, supplies or semifinished products that may be flammable or combustible (such as alcohol, gasoline, crude oil, liquefied petroleum and natural gases) shall be stored, handled and used in accordance with the New York State Uniform Fire Prevention and Building Code (Parts 1163, 1171 and other applicable sections of the Code), Fire Underwriter's Specifications and, where applicable, the United States Department of Transportation's Code of Federal Regulations. In particular, storage of these materials shall comply with the following provisions:

A. Underground storage tanks. The storage of flammable materials in underground tanks that are used in the operation of a motor vehicle station shall comply with the provisions of § 200-41, Public garage and motor vehicle service stations, of this chapter and any other requirements of the New York State Uniform Fire Prevention and Building Code. All other underground storage tanks for commercial, industrial or residential land uses shall comply with the New York State Uniform Fire Prevention and Building Code.

B. Aboveground storage tanks. The storage of flammable materials in aboveground tanks and containers shall comply with the following requirements, as well as all applicable standards in the New York State Uniform Fire Prevention and Building Code:

(1) Storage tanks above ground shall rest on supports that are in a structurally sound condition and are protected against loss of structural stability by heat or fire.

(2) Storage tanks located in areas subject to traffic shall be protected against vehicle damage, and all aboveground tanks shall be screened from view along any existing or proposed roads.

(3) Storage tanks shall not be in a damaged or leaking condition. In addition, shutoff valves shall be maintained in a safe operating condition.

(4) Pressure relief devices are required on storage tanks and shall be maintained in safe operating condition so as to relieve excessive internal pressure.

(5) Outdoor storage tanks and containers shall be located on the lot so as to prevent runoff or drainage toward other storage areas, buildings, natural water resources and/or adjacent properties.

(6) Signs shall be posted prohibiting open flames and smoking, and fences or other control measures shall be provided where necessary to protect against tampering and trespassers.

(7) A distance of not less than 15 feet shall be maintained between the liquid storage and any combustible material.

[Added 4-22-1996 by L.L. No. 1-1996]

(8) In closed containers.

[Amended 4-22-1996 by L.L. No. 1-1996; 8-9-1999 by L.L. No. 3-1999]

(a) With the exception of liquefied petroleum gas, all outdoor storage of flammable or combustible materials in closed containers in quantities of a maximum of 5,000 gallons shall be located with respect to buildings or adjoining property lines in accordance with the following table:

	Storage of Flammable or Combustible Liquids in Closed Containers
	Class of Liquid1	Maximum Quantity [gallons (drums)]	Distance from Buildings or Line of Adjoining Property2 (feet)
	I	1 to 149 (3)3	15
		150 to 449 (3 to 10)	25
		500 to 5,000 (10 to 100)	50
	II and III	1 to 149 (3)	5
		150 to 449 (3 to 10)	10
		500 to 5,000 (10 to 100)	30

	NOTES:
	1 .Class I, II and III liquids, flammable and liquefied natural gas are defined in the New York State Uniform Fire Prevention and Building Code.
	2. A distance of not less than 15 feet shall be maintained between the liquid storage and any combustible material. In occupancies where the public is invited or permitted, the distance shall be doubled.
	3 .The number of drums refers to fifty-gallon drum containers. Therefore, the maximum quantities of liquids specified in the table can be stored in the specified number of fifty-gallon drums.

(b) Outdoor storage of liquefied petroleum gas in closed containers in quantities of between 10,100 and 30,000 gallons shall be located no less than 50 feet from buildings or adjoining property lines.

C. Storage of flammable materials as a primary use shall be subject to the light industrial use standards in § 200-32, and site plan approval shall be required. Storage of flammable materials shall not be subject to the light industrial use standards in § 200-32 and site plan approval if the storage of flammable materials is accessory to or incidental to another permitted commercial use.

[Added 8-13-2007 by L.L. No. 6-2007]

§ 200-46 Swimming pools, private; regulation relative to accessory use.

A private swimming pool installed or maintained as an accessory use, where permitted in § 200-18, shall meet the following requirements:

A. It shall be used only as an accessory use to a principally permitted dwelling or to a specially permitted use for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.

B. Any such pool shall be completely enclosed by a security fence not less than four feet in height, with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and be capable of keeping such gates or doors securely closed at all times when not in actual use, and of a type approved by the Zoning Enforcement Officer.

C. Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

D. Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupants of any adjoining property.

E. A private swimming pool shall not be installed or erected until the owner has obtained a swimming pool permit from the Zoning Enforcement Officer (applications for swimming pool permits can be obtained from the Town Clerk or Zoning Enforcement Officer).

§ 200-47 Temporary uses and structures.

A temporary permit may be issued by the Zoning Enforcement Officer for a period not exceeding one year for a nonconforming use incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed upon application to the Zoning Enforcement Officer for an additional period of one year.

§ 200-48 Yard exceptions for private garages on steep slopes.

Where the topography is such that the slope of the land exceeds 15% and, therefore, access to a private garage built back of the front building line as required by this chapter is impracticable, it shall be permissible to place such building not exceeding 12 feet in height within the front yard space, but not closer to the street line than 43 feet.

§ 200-49 Vending of refreshments.

[Added 2-12-2007 by L.L. No. 3-2007; amended 5-21-2012 by L.L. No. 4-2012]

A. License requirements.

(1) It shall be unlawful to operate a refreshment stand in the Town of Milan without a license.

(2) Vending licenses shall be valid from the date of issue and shall expire on December 31 of the same year.

[Amended 10-20-2014 by L.L. No. 6-2014; 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(3) License fees. License fees shall be payable in full upon application for said license and shall be set in the Town's fee schedule, Chapter A208. License fees shall be nonrefundable and shall not be prorated.

[Amended 10-20-2014 by L.L. No. 6-2014]

(4) Application requirements.

(a) Applicants for a license to operate a refreshment stand or a renewal thereof shall file with the Zoning Enforcement Officer a verified application upon a form supplied by the Building Department and the application processing fee and license fee as set forth in the Town's fee schedule, Chapter A208.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(b) The Town Board may by resolution prepare and amend the application for a vending license.

(5) Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Dutchess County Clerk under § 32 of the General Business Law, to hawk, peddle, vend or solicit trade on the streets and highways within the County of Dutchess, shall be exempt from the fee provisions of this section. Upon approval of the veteran's application, the Zoning Enforcement Officer will issue the license to the veteran to operate a refreshment stand, subject to all other provisions of this section.

(6) The license shall specify the lot where the refreshment stand is to be located and shall be valid for that lot only.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(7) The license shall be in a form prescribed by the Zoning Enforcement Officer.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(8) No license shall be issued to any applicant if the business sought to be licensed does not comply with all applicable federal, state, and local laws, ordinances and regulations.

(9) Within a reasonable time of receiving the application, the Zoning Enforcement Officer shall either issue the license or deny the application. If the application is denied, the Zoning Enforcement Officer shall notify the applicant, in writing, giving the reasons for the rejection.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(10) All licenses shall be displayed in a conspicuous place at all times during the operation of the refreshment stand.

(11) A license may not be transferred or assigned and the lot for which it is valid shall not be changed.

(12) The provisions of this section shall not apply to the selling of farm produce by farmers and/or their employees or persons who produce and sell goods on their own property in the Town of Milan. Farm produce shall be interpreted only to mean edible farm products.

(13) The provisions of this section shall not apply to individuals under the age of 18 years who vend Girl Scout cookies, candy, or similar items.

(14) It shall be lawful for any resident under the age of 18 to sell beverages and pastries in any zoning district in the Town of Milan, provided that the sale is held on residential or commercial property owned by a parent or legal guardian. Such sale shall not require a vending application or the payment of a vending fee.

B. Suspension or revocation of license.

(1) A license may be revoked by the Zoning Enforcement Officer only after notice, in writing, and an opportunity to be heard by the Zoning Board of Appeals is given to the operator of the refreshment stand.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(2) Written notice of intent to suspend or revoke shall be given by certified mail, return receipt requested, to the licensee at his, her or its last known address of record. Notice of a hearing for the revocation of a license shall be given by the Zoning Enforcement Officer, in writing, setting forth specifically the grounds of the complaint and the time and date of hearing. Such notice shall be mailed, certified mail, return receipt requested, to the licensee at his, her or its last known address at least 10 days prior to the date set for hearing.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(3) The Zoning Enforcement Officer shall suspend or revoke the license of any operator of a refreshment stand found to have violated or to have permitted a violation of any provision of this chapter or any other ordinance, rule or regulation or state or federal law pertaining to the operation of the refreshment stand or for any of the following causes:

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(a) Fraud, misrepresentation or false statement contained in an application for a license.

(b) Fraud, misrepresentation or false statement made in the course of operating a refreshment stand.

(c) Conviction for any criminal offense for which a license could have been denied pursuant to § 752 of the New York State Correction Law.

(d) Operating a refreshment stand in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

(e) Upon the recommendation of the Dutchess County Department of Health that the sale of food or food products or other edibles is being conducted under unsanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the Dutchess County Department of Health.

(4) Upon a determination that a license should be suspended or revoked, the Zoning Enforcement Officer shall notify the vendor, in writing by certified mail, return receipt requested, setting forth reasons for such suspension or revocation.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(5) Upon receipt of a notice from the Zoning Enforcement Officer that the vendor's license is to be suspended or revoked, the vendor shall have 10 days to appeal the proposed action of the Zoning Enforcement Officer to the Zoning Board of Appeals. The Zoning Board of Appeals shall set a date and time for hearing the appeal within 30 days from the receipt of the notice of appeal. The Zoning Board of Appeals may reverse or sustain the action of the Zoning Enforcement Officer.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(6) When a license has been revoked, no other license shall be issued to the same person or business entity until after the expiration of at least one year.

(7) Upon revocation of any license, the license fee shall be forfeited.

C. Operating requirements.

(1) Refreshment stands shall be permitted to operate on any day or days during the license period.

[Amended 10-20-2014 by L.L. No. 6-2014]

(2) Refreshment stands are only permitted on properties that abut a New York State Highway or a Dutchess County Highway.

[Amended 10-20-2014 by L.L. No. 6-2014]

(3) Refreshment stands may only be operated on private property with the written permission of the owner. It shall be unlawful to operate a refreshment stand on any property abutting any Town of Milan road or right-of-way.

[Amended 10-20-2014 by L.L. No. 6-2014]

(4) Pursuant to §§ 1157(c) and 1800 of the New York State Vehicle and Traffic Law, no person shall occupy any part of a state highway in any manner for the purpose of selling or soliciting, except a veteran holding a peddler's license under §§ 32 and 35 of the General Business Law.

(5) Notwithstanding any other provisions of this chapter, a refreshment stand shall be considered a permissible accessory use on properties that abut a New York State Highway or a Dutchess County Highway. A refreshment stand shall require a license but shall not require a special permit.

[Amended 10-20-2014 by L.L. No. 6-2014]

(6) Notwithstanding any other provisions of this chapter, a refreshment stand shall be allowed one portable sign on the property on which it is located to identify the refreshment stand. Said sign shall be removed when the refreshment stand is not in operation. No signs shall be permitted along the highway advertising the refreshment stand other than the one portable sign provided for herein.

(7) Only one licensed refreshment stand shall be allowed to operate on any lot abutting a county road at any given time, and no more than four licensed refreshment stands shall be allowed to operate on a lot abutting a state road at any given time. Each refreshment stand shall require a separate license.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(8) There shall be adequate space for the safe ingress and egress of cars, which shall be verified by the Zoning Enforcement Officer prior to issuing the license.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(9) There shall be adequate parking for at least two customers' cars on the property where the refreshment stand is located, which shall be verified by the Zoning Enforcement Officer prior to issuing the license.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

(10) No refreshment stands shall be operated in a manner that interferes with pedestrian or vehicular traffic.

(11) No refreshment stand shall be operated from one hour before sunset until one hour after sunrise of the following day.

(12) A refreshment stand may remain on the property for which it has a license during the time period provided for in said license, but once the license of a refreshment stand has expired, the refreshment stand shall be removed from the lot no later than 30 days following the date of expiration of the refreshment stand's 1icense.

[Amended 10-20-2014 by L.L. No. 6-2014; 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

D. Replacement of license. If a refreshment stand license is lost or stolen, such shall be reported to the Zoning Enforcement Officer within 10 days. Upon notification, the Zoning Enforcement Officer shall issue a replacement refreshment stand license at the cost provided for in the Town's fee schedule.

[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]

E. Nontransferability. No license issued under the provisions of this section may be used or displayed at any time by any person or business entity other than the person or entity whose name appears on the license.

F. Penalties for offenses. Any person who violates any provision of this section shall be subject to the penalty provisions of § 200-55 of this chapter and the recourse provisions of § 200-56 of this chapter.

§ 200-50 (Reserved)