Any existing manufactured (mobile) home may be retained on its
current site, but may not be removed to a different site (except within
an allowed manufactured home park) or added on to. An existing manufactured
(mobile) home may be replaced with a new manufactured (mobile) home
provided such home complies with the requirements of Subsection J
below. The Planning Board shall, in reviewing and acting upon such
site plan applications for manufactured (mobile) home parks, apply
the following standards and review criteria:
A.
The location of the park shall be one suitable for such use as determined
by the Planning Board, considering report offered by the Board's
consultants, with proper drainage and provisions for stormwater control
such that the peak flow rate of water leaving the site after development
shall not be greater than prior to development.
B.
There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site or centralized
water facilities shall be provided.
C.
The park shall meet the following design standards:
(1)
The park shall be at least 10 acres in size.
(2)
All manufactured homes shall be parked or otherwise be located a
minimum of:
(3)
Where a manufactured home park has more than 20 manufactured homes,
two points of entry and exit shall be provided. No individual manufactured
home shall have direct access to a State, County or Village street
without first entering a street or driveway in the manufactured home
park leading to an exit. The internal road system shall be so designed
to permit safe and convenient vehicular circulation within the park.
All streets shall be provided with safe, dustless all-weather surfaces
and have a minimum pavement width of 18 feet and otherwise meet Village
highway specifications.
(4)
Two off-street parking spaces shall be provided on each manufactured
home lot.
(5)
Each manufactured home park shall provide common open space for the
use of the occupants of the park. Such space shall have a total area
equal to at least 50% of the gross land area of the park such that
the net overall density of the park shall not exceed one dwelling
unit or manufactured home per 20,000 square feet of park land area.
D.
Provisions shall be made for outside storage space and these shall
not in any way interfere with emergency access.
E.
Provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
F.
Recreational facilities sufficient to accommodate the number of dwellings
proposed shall be provided. A minimum of 10% of the land area of the
park or 1/2 acre, whichever is less, shall be devoted to this purpose
and completed prior to the issuance of the first permit.
G.
There shall be adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies and evidence of this shall be provided and professionally
reviewed.
H.
The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure the purposes and requirements
of this chapter are met. It shall also provide for limitation of occupancy
to mobile homes meeting U.S. Department of Housing Urban Development
regulations under the Manufactured Housing Act.
I.
Mixed-use residential developments wherein manufactured (mobile)
homes and other one-family detached dwellings are both provided shall
be encouraged where the other criteria contained herein can be met.
All other one-family detached development, however, shall comply with
the subdivision requirements of this chapter.
A.
Application for approval of multifamily dwelling projects over 10,000
square feet shall include all information required for site plan review
plus, where applicable, the following additional data:
(1)
An application for approval on a form to be supplied by the Village
or, in the absence of such form, by a letter or brief from the developer
or his or her representative indicating how the development will specifically
comply with or meet the criteria set forth herein.
(2)
A proposed plot plan showing the approximate (generally within five
feet) locations of all buildings and improvements including parking
areas, planting strips (if any), signs, storm drainage facilities,
water supply, sewage treatment and collection systems and the specific
areas provided as open space in connection with the requirements of
this chapter. Building layouts, floor plans and profiles shall also
be provided indicating building dimensions, numbers, and sizes of
units, common ownership or use areas (apart from the open space referenced
below), lighting and such other information as shall be required to
determine compliance with the design standards contained herein and
any other building standards which may be applicable in Village of
Montour Falls. Setbacks from property lines, improvements and other
buildings shall also be indicated.
(3)
A schedule or plan and proposed agreement(s) either with the Village
or a homeowners' association for the purpose of dedicating, in
perpetuity, the use and/or ownership of the recreation area and open
space required by this chapter to the prospective dwelling owners
or occupants. Such agreement may be incorporated in the applicant's
proposed covenants and restrictions, but shall in any event provide
to the satisfaction of the Village that maintenance and use of the
property, regardless of ownership, be restricted to either 1) activities
intended for the sole benefit of the occupants of the particular project
proposed; or 2) permanent open space as hereinafter provided.
B.
No building permit shall be issued to the applicant, however, until
all conditions attached to the approval of any site plan shall have
been satisfied. Nothing herein shall be construed as permitting the
issuance of a building permit prior to site plan review approval and
the filing of such financial guarantees as may be required. This requirement
notwithstanding, the building permit application shall be made with
the site plan and shall, if granted, be valid for a period equal to
that for site plan review approval. If the site plan shall be rejected
no building permit shall be granted.
C.
Following site plan review approval, the developer shall provide
for the installation and/or financial guarantee using a letter of
credit, of required or proposed improvements including but not limited
to streets, parking areas, storm drainage facilities, recreational
facilities and lighting. No certificate of occupancy shall be issued
until such time as all buildings and improvements required to serve
those buildings have been completed and inspected by the Village Code
Enforcement Officer.
D.
Complete final building plans shall also be submitted as part of
the site plan review application.
E.
No person shall sell, transfer, lease or agree or enter into an agreement
to sell or lease any land and/or buildings or interests in the individual
dwelling units to be created, or erect any building thereon except
in accord with the provisions of this chapter, unless and until site
plan review approval shall have been granted and all improvements
installed and inspected or financially guaranteed.
F.
All multifamily dwelling projects shall be served with central sewage
facilities and water supplies. Effluent disposal areas shall also
be subject to the setback requirements applicable to other multifamily
buildings and structures as a minimum.
G.
The following design criteria shall apply to multifamily dwelling
projects;
(1)
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row without being interrupted by landscaping.
All off-street parking shall be adequately lighted and so arranged
as to direct lighting away from residences.
(2)
Multifamily dwelling projects shall be subject to the stormwater
management requirements of New York State Law. All such planning shall
also be subject to review and approval by the Village Planning Board
on the advice of the Village Engineer.
(3)
All electrical and other utilities shall be placed underground and
buried to a depth determined by the Village Engineer as sufficient
for safety purposes.
(4)
In addition to the standards for landscaping set forth herein, the
ground and vicinity of buildings shall be provided with decorative
landscape materials subject to approval by the Planning Board.
(5)
Exterior lighting along walks and near buildings shall be provided
utilizing architectural grade equipment and shall not create glare
on adjoining units or adjoining properties.
(6)
Walks shall be provided throughout the development area to ensure
that roads shall not be required for pedestrian circulation.
(7)
The Fire Inspector of the fire district in which the development
is proposed shall review the development plans to ensure adequate
access for emergency vehicles.
(8)
The side yard applicable to a multifamily structure shall be increased
by 10 feet for each dwelling unit over two within the structure.
H.
Maintenance of a multifamily dwelling project shall be vested in
1) an association or other legal entity organized prior to the offering
of the first unit for occupancy; or 2) a manager, who may be the developer,
or a person designated by the developer before the developer offers
a unit for occupancy; or 3) the owners or occupants of units themselves
if the total number of owners or occupants within the development
is not more than five. If the developer shall opt to manage the project
or designate a manager, the preliminary application shall include
financial statements, a description of previous management experience
and other data sufficient for the Planning Board to ascertain the
financial responsibility of the manager.
I.
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development including buildings and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses that the maintenance organization may incur and
collect from purchasers as a maintenance fee and secure maintenance
of the project and enforcement of applicable covenants and restrictions
in perpetuity. The Planning Board may require that a certified public
accountant review such financial data to determine proposed fees are,
in fact, adequate to secure maintenance on a continuing basis.
J.
The developer shall, in filing a site plan review application, provide
a narrative description of how responsibility for maintenance and
care of the units and common areas will be assured and a pro forma
operating budget for the maintenance organization including a breakdown
of the common expense to be borne by the maintenance organization
and a separation of long-term maintenance costs from on-going routine
maintenance costs. There shall also be provided a narrative description
of how the developer proposes to assure maintenance of the units and
common facilities during any sales program. The Planning Board may
require additional temporary facilities to accommodate service demands.
Copies of all applicable instruments shall be provided, for purposes
of determining that long-term arrangements for maintenance of common
facilities have, in fact, been made by the developer.
K.
Any developer who proposes to construct multifamily dwellings and
convey the common elements of said multifamily dwelling project, including
recreation areas, to an association of purchasers of units therein
shall submit a maintenance bond or other performance guarantee acceptable
to the Village Board and Village Attorney ensuring long-term maintenance
and repair of said common elements. Such maintenance bond or other
guarantee shall;
(1)
Be for a period of not less than 15 years from the date of the final
approval of said multifamily dwelling project by the Village;
(2)
Be in an amount equal to the amount collected or to be collected
for long-term maintenance (as indicated in the budget referenced above)
by the developer or other responsible parties from each purchaser
during the first year after sales to such purchases begin, multiplied
by the total number of expected purchasers.
L.
If the multifamily dwelling project shall be subject to the New York
State statutes governing the sale of real property used for multifamily
occupancy, the developer shall certify as to his or her compliance
with said statutes. To the extent the provisions of such statutes
conflict with this subsection such certification shall suffice as
to conformance with these requirements.
M.
Conversions of existing structures to multifamily dwelling use regardless
of whether such conversions involve structural alterations, shall
be subject to the provisions of this chapter to the extent applicable,
as shall be determined by the Planning Board. Motels and hotels, however,
shall not be converted to multifamily residential use. If the proposed
project does involve structural alterations, the site plan shall include
a certification of a registered architect or engineer to the effect
that the existing building is structurally sound and that the proposed
conversion will not impair structural soundness. However, the conversion
of an existing one-family detached dwelling or single-family semi-detached
dwelling into not more than three residential units shall be exempt
from these requirements, unless such units are intended to be a condominium.
This shall not, however, exempt an owner from any requirements of
the State Building Code or the Village chapter as they may pertain
to such activities.
A.
The Village of Montour Falls Planning Board shall be authorized,
pursuant to § 278 of the Village Law and simultaneously
with the approval of Development Plans under the Village of Montour
Falls Subdivision Regulations, to modify applicable provisions of
this chapter so as to accommodate conservation subdivision projects.
Also known as "cluster development," conservation subdivisions offer
flexibility in design, facilitate the economical provision of streets
and utilities and preserve open space. They shall be allowed anywhere
within R-1, R-2, RLB, RMH and HC Districts and be processed pursuant
to subdivision plan approval procedures.
B.
Cluster development may also be required by the Planning Board where
this form of design would better preserve open space and reduce infrastructure
extension needs.
C.
The Planning Board may require conservation/cluster subdivisions,
as a form of development, in those instances where conventional subdivisions
or residential developments would cause significant loss of open space,
agricultural lands or otherwise result in significant negative environmental
impacts.
D.
Conservation/cluster subdivisions provide for one-family or two-family
dwelling units wherein dwelling units are grouped in sections in order
to maximize the amount of common open space and to preserve the natural
settings. Proposed developments shall be processed in the same manner
as a major subdivision and in accord with the standards below.
E.
Conservation/cluster subdivisions shall include at least five lots
and the Planning Board shall have the authority to require an alternative
Sketch Development Plan, for any subdivision of five lots or more,
depicting how the property might be developed using this technique.
If this alternative Sketch Development Plan is determined to provide
a superior design in accord with the purposes of this chapter and
the same density can be achieved the Planning Board may then require
use of this technique.
F.
The maximum permitted number of dwelling units shall be determined
from the sketch plan submitted for a conventional subdivision. Such
yield plan shall illustrate all proposed lots, streets, rights-of-way
and other pertinent features. Although it must be drawn to scale,
it need not be based on a field survey. Nevertheless, it must be a
realistic layout reflecting a development pattern that could reasonably
be expected to be implemented, taking into account the presence of
wetlands, floodplains, steep slopes, existing easements or encumbrances,
the sewage system shall be municipal. The yield plan shall also be
based on minimum lot sizes and other development standards for the
zoning district involved.
G.
Only one-family detached and two-family dwellings shall be employed
in this concept. All other dwelling types shall be considered multifamily
dwellings.
H.
Development standards for lot size, lot width and lot depth may be
reduced, provided no dwelling structure (one-family or two-family)
is located on less than 40,000 square feet of land where on-site sewer
and water facilities are to be provided or 7,500 square feet of land
where centrally supplied sewer and water facilities are to be provided;
and further provided the total density (in individual dwelling units)
for the tract shall not exceed that which would result from a conventional
subdivision plan designed in accord with this chapter. Yard requirements
may also be reduced, but in no instance to less than 10 feet.
I.
No individual parcel of common open space shall be less than one
acre except as to roadway median strips, traffic islands, walkways,
trails, courtyards, play areas, recreation facilities, drainageways
leading directly to streams, historic sites or unique natural features
requiring common ownership protection. No less than 50% of the total
land area of the conservation subdivision shall be dedicated to permanent
open space and at least 25% of the such open space shall be usable
for active recreational activities by residents of the subdivision
and not include water bodies, wetlands, floodplains, slopes over 25%
in grade or other undevelopable areas.
J.
The open space resulting from conservation subdivision design shall
be permanently protected through a conservation easement titled to
a property owner's association (HOA), land conservancy, municipality
or similar entity, prior to the sale of any lots or dwelling units
by the subdivision. Membership in any HOA shall be mandatory for each
property owner within the subdivision and successive owners with voting
of one vote per lot or unit and the subdivider's control, therefore,
passing to the individual lot/unit owners on sale of the majority
of the lots or units. All restrictions on the ownership, use and maintenance
of common open space shall be permanent and the HOA shall be responsible
for liability insurance, local taxes, and maintenance of all open
space, recreational facilities and other commonly held amenities.
Each property owner must be required to pay their proportionate share
of the HOA's cost and the HOA must be able to file liens on the
lot/unit owner's property if levied assessments are not paid.
The HOA must also have the ability to adjust the assessment to meet
changing needs.
A.
All signs shall comply with the standards provided below and permanently
placed signs of 16 square feet or more in surface area on one side
shall require sign permits issued by the Code Enforcement Officer.
B.
An application for a permit to install or relocate a sign shall be
submitted on a form obtained from the Code Enforcement Officer, together
with the fee required. Every application shall include a graphic presentation
of the placement and appearance of the proposed sign. This presentation
shall depict the location of the sign in relation to buildings and
property features, any method of illumination, the graphic design
(including symbols, letter, materials and colors) and the visual message,
text copy or content. Written consent of the property owner shall
also be provided.
C.
All freestanding signs and wall signs of 24 square feet or more in
total surface area on one side shall be submitted to the Planning
Board for review and approval prior to permit issuance.
D.
All applications not requiring Planning Board approval shall be acted
upon by the Code Enforcement Officer within 15 days of receipt. All
applications submitted to the Planning Board shall be acted upon within
62 days of receipt.
E.
The Planning Board shall review sign applications relative to the
appropriateness and compatibility of their design, shape, materials,
colors, illumination, legibility, location and size. The Planning
Board may, in conducting such reviews, apply the Design Guidelines
attached hereto as Appendix A,[1] which document may be revised and updated from time to
time by resolution of the Village Board. Such Design Guidelines may
be modified or waived by the Planning Board for individual applications
where the circumstances of such applications warrant. The Planning
Board shall in such circumstances apply the tests otherwise applicable
to area variances hereunder. The Planning Board may approve, approve
with modifications, or disapprove signs based upon its review thereunder.
[1]
Editor's Note: Appendix A, Design Guidelines, is included as an attachment to this chapter.
F.
The following regulations shall apply to all signs:
(1)
All signs shall be immediately removed when the reasons for their
erection no longer apply.
(2)
Signs shall not be permitted on the roof or above the roof line of
the building to which they are attached.
(3)
No part of any sign shall project above the top or beyond the ends
of the wall surface upon which it is located or extend more than 18
inches perpendicular from such surface.
(4)
Signs other than official traffic signs shall comply with side yard
setbacks as established for principal structures in the district where
the sign is located.
(5)
No sign, except a public sign, visible from a public street, shall
use the words "stop," "danger," or any other word, phrase, symbol
or character that could be interpreted by a motorist as being a public
safety warning or traffic sign.
(6)
No light shall be permitted that by reason of intensity, color, location,
movement or directions of its beam may interfere with public safety.
(7)
No sign or other advertising material or merchandise displayed for
such purpose shall be attached to any tree, utility pole, public structure
or other object not intended for such use.
(8)
No sign shall exceed in height 1/2 its distance from the highway
right-of-way, notwithstanding any other height limitation which may
also be applicable.
G.
Business and property owners are encouraged to submit master signage
plans for their properties, which plans shall specify the location,
dimensions, type, design and number of all signs to be erected on
the property now or in the future. Such plans shall be prepared by
a landscape architect, architect, sign designer, engineer or other
qualified professional and shall identify existing signs, signs proposed
for installation, anticipated future sign locations, temporary sign
locations and the design criteria which shall apply to all signs to
be erected on the property. These plans shall be adopted by the property
owners, who shall agree that all signs to be constructed by them or
any of their tenants or occupants now or in the future shall comply
with the standards therein. A master signage plan may also be submitted
for contiguous multiple properties.
H.
All master signage plans shall be submitted for approval to the Planning
Board which shall be guided by the design review criteria provided
above. The Board, in acting upon a master signage plan, may waive
any of the standards contained herein relating to numbers or sizes
of any signs, provided it is satisfied the master signage plan will
meet the Design Guidelines attached hereto as Appendix A[2] and the aggregate sign area for any lot does not exceed
200 square feet for businesses on Routes 14 or 224 and 100 square
feet in other circumstances. When the Board has approved such a Plan,
no further permits will be required for any sign which is in compliance
with the Plan.
[2]
Editor's Note: Appendix A, Design Guidelines, is included as an attachment to this chapter.
I.
The owner, lessee or occupant of any parcel of land in a RLB, RD,
HC, B-1 or GD District may erect and maintain on such land not more
than one freestanding sign or one freestanding sign per 200 linear
feet of lot frontage up to a total of three signs, whichever shall
be greater.
(1)
If such signs are pole signs, they shall not exceed 32 square feet
each in surface area for both sides combined, shall not exceed 20
feet in height and shall be set back from the edge of the highway
right-of-way line no less than 25 feet. All pole signs shall be separated
by a distance of no less than 100 feet.
 |
(2)
If such signs are ground signs (as illustrated by freestanding sign
illustration above) they shall be permitted provided they do not exceed
64 square feet in surface area each in surface area for both sides
combined or six feet in height.
(3)
Name plate signs identifying the name of a resident or owner shall
be permitted on all lots provided they do not exceed two square feet
in surface area or one in number per lot.
J.
The signs physically attached to a business building and flush thereto
or extending out no more than 18 inches from an exterior structural
wall surface shall not be counted in the number of signs permitted
hereunder but the total area of such signage shall not exceed 15%
of any given exterior structural wall surface or more than 10% of
all exterior structural wall surfaces combined. Wall signs covered
by this provision shall include any material meeting the sign definition,
including merchandise displayed with the purpose of advertising and
signs in windows. They shall also include signage or merchandise displayed
on, from or against other structures or vehicles for the purpose of
advertising a message.
K.
Signs within R-1, R-2 and RMH Districts or in connection with any
residence shall be limited to the following and nothing herein contained
shall prevent the placement of the following signs in any other District:
(1)
Signs bearing the words "sold" or "rented" or similar phrases, together
with the name of the person effecting sale or rental. Such signs shall
be removed within 14 days after the sale, rental or lease.
(2)
Signs advertising the sale or development of the premises upon which
they are erected, when erected by a building, contractor, developer
or other person interested in such sale or development, provided:
(a)
The size of such sign is not in excess of 32 square feet for
both sides combined or 20 square feet for a single-sided sign;
(b)
Not more than two signs are placed upon any property unless
such property fronts upon more than one street, in which event two
such signs may be erected on each frontage;
(c)
Such sign is not illuminated.
L.
Except as otherwise permitted hereunder, signs within CB Districts
shall be limited to the following:
(1)
Two sandwich board or A-frame signs not in excess of 10 square feet
placed no more than 10 feet from principal building entrance and limited
to placement during business hours.
(2)
Awning, canopy or marquee signs not in excess of 16 square feet each
provided no more than 50% of awning, canopy or marquee is used for
signage.
(3)
One permanently mounted changeable letter or fuel price sign not
in excess of 36 square feet.
(4)
Nongovernmental flags not in excess of 24 square feet.
(5)
One additional freestanding sign not in excess of 32 square feet
or more than 15 feet in height or one projecting sign not in excess
of 32 square feet at least 10 feet above the sidewalk or the ground,
for nonresidential use identification purposes.
(6)
All freestanding signs in aggregate shall not exceed 100 square feet
of sign area or one square foot per one lineal foot of lot frontage
(whichever is less). Additional freestanding signs may be permitted
subject to the 100 square feet in aggregate limitation.
M.
Portable signs, except for sandwich board signs as permitted hereunder,
shall not be permitted except as temporary signs for use a maximum
of 30 days per calendar year. See illustration to right for example.
 Figure 2: Pole Sign
|
N.
Signs to provide for the normal and safe flow of traffic into and
out of the place of business such as entrance, exit and parking signs
shall be permitted in excess of the limitations provided herein. Such
signs shall be of a size no greater than necessary for persons of
normal vision to observe.
O.
Special advertising signs or banners not exceeding 64 square feet
in total surface area shall be permitted, including, but not limited
to, signs announcing to the general public any special events such
as commercial sales days, cultural or entertainment attractions or
charitable activities. These shall be permitted for the length of
the activity, but in no case exceeding 30 days after the event. Political
signs shall be permitted on a similar basis.
P.
Commercial directory signs may be permitted on any nonresidential
lot. Such signs shall consist of a combination, on a single structure
not exceeding eight feet in height, of a sign identifying a business
complex with other smaller uniform signs listing businesses on a property.
Such signs shall replace freestanding signs which the advertisers
would otherwise have rights to place on the property and use no more
than 20 square feet in surface area on each side to identify a complex
or more than 10 square feet on each side to identify a specific business
or service. See illustration.
 |
Q.
Where permitted, signs shall be illuminated only by a steady nonflashing,
stationary (excepting for indicators of time and temperature), shielded
light source directed solely at the sign, without causing glare for
motorists, pedestrians or neighboring premises. The illumination shall
not make the sign resemble traffic signals or be excessively bright.
Neon signs shall be limited to four square feet in surface area.
R.
Existing nonconforming signs may be repaired or reconstructed on
the same site, but shall not be relocated or increased in size. Any
nonconforming sign abandoned for sign purposes for more than 90 days
or damaged to the extent of 50% or more of the replacement cost value
shall be immediately removed.
S.
No owner of any sign or lessee or owner of any land upon which the
sign is located shall permit such sign to become unsightly or in disrepair
so as to endanger the public or to become a public nuisance.
T.
In the event such a sign is not repaired or properly restored or
removed within 30 days after written notice has been given to the
owner of the sign or lessee of the land upon which the sign is located,
the governing body may institute appropriate legal action to end the
violation (including but not limited to removal and disposal of the
damaged sign), abate the nuisance and assess the costs associated
therewith to the violator.
To facilitate the growth of employment and ensure a viable tax
base for the Village of Montour Falls and to prevent conflicts between
commercial/industrial and other uses, Planned Commercial Development
subdistricts may be established by the Village Board to accommodate
planned industrial or office parks and shopping centers. Such PCD
subdistricts may be approved by the Village Board for any tract of
five acres or larger in size in a HC, RLB, B-1, or GD. Such PCD subdistricts
shall be subject to the following:
A.
The entire lot shall be planned and designed as a unit to provide
maximum functional efficiency and aesthetic quality. In case where
detailed building plans are not available, design guidelines for siting,
orientation, size and materials of buildings shall be noted on the
plans submitted for site plan review. Certain facilities, such as
roadways, parking areas, utilities, drainage, screening and other
landscaping and employee recreation facilities, may be shared among
the uses in the industrial office park or shopping center.
B.
Exterior walls of adjacent buildings shall be no closer than 1 1/2
times the height of the higher building wall, but in no case closer
than 50 feet.
C.
All facilities shall be served by approved sewer and water supply
systems and the Planning Board may, as a condition of approval of
such developments, require the improvement of any necessary facilities
off site, including access roads necessary to serve such development.
D.
In all cases, the uses may occupy leased premises or the premises
may be owned as part of the condominium or cooperative or the premises
may be subdivided and sold; however, there must be a central managing
agency, acceptable to the Village Board, that is responsible for the
improvement and maintenance of common facilities and for the general
management of the development.
E.
In all cases, the development shall be subject to site plan review
in accordance with the procedures set forth herein. The Planning Board
may waive standards for side yard setbacks within the development
and other development standards set forth on the Schedule of District
Regulations[1] for the underlying district, provided that the minimum
requirements are met along the perimeter of the development and the
range of uses proposed is consistent with the underlying district.
Any such waiver shall refer to standards that the Planning Board finds
to be more appropriate for the specific site and the uses proposed
and shall be subject to review by the Fire Inspector.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
F.
Application for approval of a PCD subdistrict shall be made in writing
to the Village Board. Applications shall be made by the owner(s) of
record of the area to be occupied by the building project and shall
be accompanied by the nonrefundable application fee in the amount
as the Village Board shall, from time to time, set by resolution.
G.
The Village Board shall refer the application to the Planning Board.
The applicant shall furnish necessary data, including maps and plans
showing topography, building types and layout, setback, off-street
parking and loading, ingress and egress, signs, existing and proposed
amenities such as screening, planting and ornamental features and
such other data and plans as may be required for an understanding
of the proposed project.
H.
The data maps and plans submitted with the application shall be prepared
in sufficient detail that the Planning Board will be able to determine,
among other things, the following:
(1)
The specific location of principal and accessory buildings on the
site in relation to one another and to other structure in the vicinity.
(2)
Existing state, county or Village highways, which provide access
to the site.
(3)
The vehicular traffic circulation features within the site, including
proposed highways to be dedicated to the Village, if any, proposed
roadways and driveways, and the number, size and location of automobile
parking areas, unloading areas, and access to such areas.
(4)
The height, bulk and general architectural style of buildings and
the intended use for each such building.
(5)
The pedestrian circulation and open space in relation to structures.
(6)
The location, type and size of display signs, driveways and landscape
features.
(7)
The safeguards to be provided to minimize possible detrimental effects
of the proposed use on adjacent properties on the neighborhood in
general.
(8)
The location of municipal water supply system, storm drainage system,
if any, and the sanitary waste collection and disposal system (municipal
sewer) to be installed in the development.
I.
The Planning Board shall hold a public hearing on any such proposed
building project as finally submitted to it for approval. After the
public hearing the Planning Board shall approve, approve with modifications,
or disapprove the applications and shall report its findings to the
Village Board.
J.
Should the Planning Board disapprove a building project within a
proposed PCD subdistrict, the said application shall be approved by
the Village Board only upon a vote of four of the five members thereof
in the affirmative. Should the Planning Board approve a building project
within a proposed PCD subdistrict with modifications, which the applicant
is unwilling to make, the Village Board may approve such project with
such stipulations or conditions as it deems necessary to achieve the
general objectives of this article.
K.
A building project within a planned development district shall conform
in all respects to the approved plans. Building project approval may
be granted by the Village Board only after final construction plans
and specifications for site preparation of the building project area
have been filed with and approved by the Village Board. Plans and
specifications for site preparation shall include, among other things,
plans and profiles of:
L.
Before granting approval for a building project, the Village Board
shall require the applicant to furnish a performance bond in connection
with the construction involved in the preparation of the building
site and/or in connection with construction of buildings. The amount
of such bond and the amount of any liability insurance to be furnished
shall be determined by the Village Board.
M.
Before granting approval for a building project, the Village Board
shall require that evidence of such other approvals by appropriate
governmental agencies as are normally required in connections with
the collection and disposal of surface and subsurface waters, the
connection and disposal of sanitary wastes and the provisions of an
adequate water supply be submitted to it.
N.
If construction work on the proposed building project is not begun
within the time limits specified by the Village Code Enforcement Officer,
approval of the project application shall become null and void and
all rights therein shall cease unless the Village Board, for good
cause, authorizes an extension.
O.
All conditions imposed by the Village Board, including those the
performance of which are conditions precedent to the issuance of any
building project approval necessary for the development of any part
of the entire site, shall run with the land and shall not lapse or
be waived as a result of any subsequent change in the tenancy or ownership
of any or all of the area.
P.
Applications for building permits for each structure in a building
project shall be made to the Code Enforcement Officer of the Village
of Montour Falls and shall be subject to all rules and regulations
of the Village pertaining to the issuance of such building permits.
A.
Purpose and findings. The Village of Montour Falls recognizes the
area along State Routes 14 and 224 as important gateways through the
Village, the Villages of Montour Falls, Odessa and Watkins Glen and
the Finger Lakes Region. The Village finds development of this area
in a visually attractive manner and enhancement of traffic and pedestrian
safety in this area are important to the general welfare of the community.
B.
Design review guidelines. All new development fronting on Routes
14 and 224 shall be evaluated using Design Guidelines attached hereto
as Appendix A,[1] which shall serve to illustrate desirable types of development
and guide the Planning Board during its discretionary site plan review
process as applied to specific projects. The Planning Board may modify
or waive the application of these Design Guidelines where circumstances
indicate a better or more practical design meeting the objectives
of this section can be achieved using a different approach.
[1]
Editor's Note: Appendix A, Design Guidelines, is included as an attachment to this chapter.
A.
Findings. Based upon recent studies evaluating the nature and extent
of adverse secondary effects caused by adult uses in residential and
commercial areas, including a 1996 study by the City of Newburgh,
a 1994 study by the City of New York, and a 1980 study by the City
of Islip, the Village Board hereby finds that adult uses have negative
secondary impacts such as a deterioration of community character and
quality of life, depreciation of property values, increase in crime
rates, and the blighting or downgrading of surrounding neighborhoods
and commercial uses.
B.
Purpose. In the development and execution of this section, it is
recognized that there are some adult uses which, because of their
very nature, are recognized as having serious objectionable characteristics.
The objectionable characteristics of these uses are further heightened
by their concentration in any one area, thereby having deleterious
effects on adjacent areas. Special regulation of these uses is necessary
to ensure that these adverse effects will not contribute to the blighting
or downgrading of surrounding neighborhoods or land uses, increase
crime or police calls, contribute to the spread of prostitution and
AIDS, increase the quantity of transients in residential and commercial
areas, cause a deterioration in the quality of life in residential
neighborhoods, increase the accessibility of adult-oriented material
and entertainment to minors, and encourage residents and businesses
to locate elsewhere.
C.
Separation requirements applicable to adulty uses. Adult uses shall
be limited to existing industrial districts. They shall be subject
to site plan review. Because adult uses can lend themselves to ancillary
unlawful and unhealthy activities, they shall also be separated from
other uses that could be severely impacted by their presence or that,
in combination with the adult uses, accentuate the negative impacts
on the area. These distances shall be measured in a straight line,
without regard to intervening obstacles, from the nearest portion
of the structure incorporating any aspect of the adult use to the
nearest property line of the of the premises incorporating any of
the above listed uses.
(1)
No adult use shall be located within a 200-foot radius of any other
residential or commercial zoning district or another adult use.
(2)
No adult use shall be located outside a I-1 Rural District or within
a 500-foot radius of the property of any residence, residential facility,
institution, health facility, child-care center, church, synagogue,
other place of religious worship, school, public or semi-public use,
public park or recreation facility, youth-oriented center, playground
or playing field, cemetery or any establishment that sells alcoholic
beverages.
D.
Exterior display prohibited. No adult use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way. This provision shall apply to any display,
decoration, sign, show window or other opening.
E.
Signage. Adult use signage shall be limited to one approved ground
sign not to exceed a surface area of 36 square feet for both sides
combined.
F.
Nonconforming buildings. No nonconforming building or lot shall be
used for an adult use.
G.
Activities. Because they are known to encourage prostitution, increase
sexual assaults and attract criminal activity, the following activities
shall not be permitted in any adult-oriented or other business or
any other public place within the Village of Montour Falls:
(1)
Public appearance by a person knowingly or intentionally engaged
in specified sexual activities.
(2)
The knowing and intentional public appearance of a person in a state
of nudity.
(3)
Touching of patrons or the performance by any entertainer in an adult
use facility within six feet of the nearest patron.
(4)
Sale of alcoholic beverages.
H.
Loudspeakers. No loudspeaker or similar audio equipment used to describe
or discuss specified anatomical areas or specified sexual activities
shall be audible beyond the exterior of the structure in which it
is located.
All applications made hereunder shall fully comply with New
York State Department of Environmental Conservation (DEC) requirements
pertaining to erosion and sedimentation control and storm water management.
All site plan review applications shall be accompanied by a stormwater
pollution prevention plan meeting DEC standard and, where applicable,
be subject to review thereunder. Notwithstanding requirements for
DEC review, if any, the Village may require review of such plans by
the Village Engineer or a professional engineer employed on a consulting
basis by the Village. Any costs associated therewith shall be reimbursed
by the applicant.
A.
Land disturbance (excavation, grading or covering of land with impervious
surface materials) shall be limited to 20% of any steep slope area
of 25% or greater grade.
 |
B.
All buildings, structures, roads and driveways shall follow the natural
contour of the land to the greatest extent possible to minimize disturbance
and the potential for erosion. Such improvements shall be consistent
with other applicable regulations of the Village of Montour Falls
and current engineering practice.
C.
The Planning Board may reduce the total number of building lots in
a subdivision where it finds that such reduction provides the best
mitigation of adverse impacts with respect to steep slopes on a site.
D.
Retaining walls shall be limited to a maximum length of 75 feet and
maximum height of five feet, excepting the Village Board may authorize
larger facilities in special circumstances where such walls afford
the best method of mitigating the impacts of steep slopes and conditions
can be imposed to mitigate secondary impacts of the walls themselves.
All retaining wall designs shall be meet generally accepted engineering
standards and be so certified by a New York State licensed engineer
and approved by the Village Building Department.
E.
The Code Enforcement Officer or Planning Board, as the case may be,
shall be authorized to require the installation of landscaping and
to conduct architectural reviews of retaining wall plans to mitigate
the visual and erosion impacts associated with proposed cuts, fills
and associated site improvements.
F.
The Code Enforcement Officer or Planning Board, as the case may be,
shall be authorized to require the parking and driveways to consist
of an all-weather surface to ensure adequate and safe access. Driveway
intersections located within steep slope areas shall be paved for
not less than 50 feet from the edge of the pavement of any Village,
county or state highway.
G.
The maximum height of any cut used to establish a building site,
road or driveway shall not exceed 30 feet.
H.
The angle of cut and fill slopes shall not exceed a slope of one
vertical to two horizontal except where retaining walls or other structural
stabilizations meeting the standards of this chapter are approved
by the Village Building Department or Planning Board, as the case
may be.
I.
The limits of construction shall be clearly designated on the property,
by means of a professional land survey, so as to minimize disturbance.
No disturbance shall take place outside the designated area.
J.
Replanting, where necessary to stabilize a steep slope, shall consist
of indigenous vegetation and shall replicate the existing vegetation
on the site as much as possible.
K.
Regrading shall blend in with the natural contours of the land.
L.
Disturbance of existing vegetative ground cover shall not take place
more than 15 days' prior to grading and construction.
M.
Temporary soil stabilization, including, if appropriate, temporary
stabilization measures such as netting or mulching to secure soil
during the grow-in period must be applied to an area of disturbance
within two days of establishing final grade, and permanent stabilization
must be applied within 15 days of establishing final grade. Erosion
control measures shall be in place throughout construction.
N.
Measures taken for the control of erosion and sedimentation shall
be undertaken consistent with the New York State Department of Environmental
Conservation Best Management Practices.
O.
Any proposed disturbance to slopes of 25% or greater grade shall
be limited to the period April 1 through November 30 of any calendar
year.
[Added 11-17-2022 by L.L. No. 4-2022]
A.
Site plan approval. In addition to the applicable requirements of Article VII of this chapter, the following shall apply to review of site plan applications for short-term rentals:
(1)
The owner of any building used as a short-term rental shall designate
one or more persons who shall be available 24 hours per day during
any period that a short-term rental unit is leased to respond to complaints
regarding the condition of the property, violations of this or other
applicable laws or regulations, conduct of the occupants and other
issues related to the short-term rental. Such person(s) shall be available
to respond in person at the site of the short-term rental within 20
minutes after being contacted by the Code Enforcement Officer and/or
his/her designee.
(2)
Short-term rentals shall provide off-street parking in accordance with § 160-16, plus one additional space per short-term rental unit for short-term rental units having three or fewer bedrooms, and two additional spaces per short-term rental unit for short-term rental units having more than three bedrooms.
(3)
There shall be no change to the outside appearance of the building
or premises that alters or detracts from the residential character
of the structure or the overall character of the neighborhood.
(4)
The site plan must be drawn to scale and certified by the applicant
and show:
B.
Short-term rental permit requirement. No short-term rental shall
be operated within the Village of Montour Falls without a short-term
rental permit, as herein provided. A separate short-term rental permit
shall be required for each short-term rental unit.
(1)
Applications for a short-term rental permit shall be made to the
Code Enforcement Officer on an application form prescribed by the
Code Enforcement Officer from time to time. All applications shall
include the following:
(a)
A list of all the property owners and/or operators of the short-term
rental, including names, addresses, telephone numbers, and email addresses.
All persons and entities with an ownership interest in the property
shall sign the permit application.
(b)
A list of all full-time residents of the property and proof
of notification of intent to apply for a short-term rental permit.
(c)
A copy of the current vesting deed showing how title to the
subject property is then held.
(d)
The property owner's written authorization for the Code
Enforcement Officer to conduct a property inspection.
(e)
The property owner's written statement of compliance with
all applicable short-term rental standards set forth herein and covenant
to maintain compliance for as long as the property is used as a short-term
rental.
(f)
The operator's maximum desired occupancy for each short-term
rental unit.
(g)
The contact information for all persons designated pursuant to § 160-34A(1) above.
(h)
The form short-term rental contract to be used by the short-term
rental operator.
(i)
A copy of the certificate of authority to collect occupancy
tax issued by the Schuyler County Treasurer.
(j)
A copy of the approved site plan, stamped as "approved" by the
Planning Board.
(k)
Copies of any governmental approvals and permits necessary to
operate a short-term rental on the subject property.
(l)
Certificates of insurance evidencing both property and liability
coverage and that the property is rated as a short-term rental by
the insurance carrier.
(m)
The short-term rental permit fee, which shall be established
from time to time by resolution of the Village Board of Trustees.
(2)
All short-term rental permits shall be issued subject to the following
terms and conditions:
(a)
A short-term rental permit shall be valid for one year from
the date of issuance. Short-term rental permits may be renewed by
renewal application submitted to the Code Enforcement Officer not
less than 30 days prior to the date of expiration of the permit. Renewal
applications submitted after this deadline may be rejected and, in
such event, the applicant shall be required to apply for a new short-term
rental permit. The renewal application shall be made on such form,
and shall include such information, as the Code Enforcement Officer
shall determine, and shall be accompanied by a permit renewal application
fee, which shall be established from time to time by resolution of
the Village Board of Trustees.
(b)
A short-term rental permit is not transferable. A new owner
of a property used for short-term rental must obtain a new short-term
rental permit prior to operating a short-term rental. A short-term
rental permit shall automatically be void and of no further effect
upon the transfer of title to the property to which the permit applies
or the transfer of a controlling interest in any entity that owns
the property to which the permit applies.
(c)
A property to which a short-term rental permit applies must,
as a condition of the continued validity of the permit, maintain material
compliance with this and all other applicable laws and regulations.
(d)
A short-term rental permit may be revoked for a violation of
this or other applicable laws or regulations upon 10 days' notice
and following a hearing before the Village Board of Trustees, as herein
provided.
(e)
Acceptance of a short-term rental permit shall be deemed to
constitute the subject property owner's irrevocable license to
the Code Enforcement Officer and/or his/her designee to inspect the
subject property at any time to determine compliance with applicable
law.
(f)
Issuance of a short-term rental permit is conditioned upon an
inspection by the Code Enforcement Officer to confirm compliance with
applicable law.
C.
Operating standards.
(1)
A short-term rental may not be leased to parties exceeding in number
two adults per bedroom.
(2)
Provisions shall be made for weekly garbage removal. Garbage containers
shall be always secured with tight-fitting covers to prevent leakage,
spilling, or odors, and placed where they are not visible from the
street or road except around pickup time.
(3)
Short-term rentals shall not be leased solely for the purposes of
hosting events, weddings, parties, or other large gatherings.
(4)
The use of outdoor speakers or other audio amplification devices
at any property used for short-term rentals is not permitted after
10:00 p.m.
(5)
Every short-term rental unit and the property in which it is located
shall maintain continual compliance with the New York State Uniform
Fire Prevention and Building Code. Without limiting the foregoing:
(a)
Emergency evacuation procedures must be posted in each sleeping
room;
(b)
An ABC fire extinguisher shall be provided on each floor and
in the kitchen;
(c)
Fire extinguishers shall be inspected monthly by the permit
holders; and
(d)
Exterior doors shall be operational, and all passageways to
exterior doors shall be clear and unobstructed.
(6)
All short-term rentals must be operated pursuant to a rental contract
that includes the following:
(a)
Maximum occupancy of the short-term rental unit;
(b)
Maximum allowed on-site parking;
(c)
A statement that the short-term rental is in a residential area
and renters are required to be conscious of maintaining a peaceful
residential atmosphere;
(d)
A statement that renters are required to comply with applicable
Village of Montour Falls noise ordinance;
(e)
A prohibition on littering;
(f)
A requirement that all indoor and outdoor fires be attended
to at all times; and
(g)
The renters' agreement that the failure to comply with
the rental contract is grounds for immediate termination of the rental
of the short-term rental unit.
(7)
Liability and property insurance reflecting the property's use
as a short-term rental shall be maintained at all times.
(8)
A copy of the certificate of authority to collect Schuyler County
occupancy tax, the certificate of occupancy applicable to the short-term
rental unit and the short-term rental permit applicable to the short-term
rental unit shall be conspicuously posted in every short-term rental
unit.
(9)
The permit holder shall provide a copy of the permit to the owners
of all properties adjacent to the short-term rental property. A statement
of compliance with this provision identifying the owners served, their
addresses, and the method of service (e.g., mail, personal delivery)
shall be filed with the Village Clerk prior to rental of the short-term
rental unit to which the permit applies.
(10)
All advertisements for a short-term rental unit shall conspicuously
display the unit's short-term rental permit number.
D.
Permit limitations.
(1)
No short-term rental permit shall be issued (with the exception of
a renewal of an existing short-term rental permit as herein provided)
at any time that the number of outstanding short-term rental permits
exceeds a number equal to 5% of all dwelling units in the Village
of Montour Falls as of the most recent prior dwelling unit count date
(as herein defined).
(2)
Commencing on or about January 1 of each year, the Code Enforcement
Officer shall take a census of all dwelling units situated within
the Village of Montour Falls. Prior to February 1 of each year, the
Code Enforcement Officer shall submit to the Village Clerk a written
certification of the number of dwelling units situated in the Village
of Montour Falls as determined pursuant to said census. The date of
such certification shall be the "dwelling unit count date" for purposes
of this section.
(3)
Where a short-term rental permit cannot be issued due to the limitation set forth in Subsection D(1) above, a waiting list for short-term rental permits shall be established and maintained by the Code Enforcement Officer. Short-term rental permits shall be issued to parties on the waiting list as such permits become available, sequentially based upon the date of approval of a party's application for a short-term rental permit. The Code Enforcement Officer shall require as a condition to issuance of a short-term rental permit to a party on the waiting list that such party certify that the party and the property are in compliance with all terms and conditions to the issuance of the permit, and shall inspect the property to verify same prior to issuance of the permit.
E.
Complaints.
(1)
A Complaint Review Board is hereby established to review and investigate
complaints pertaining to the operation of short-term rentals. The
Complaint Review Board shall consist of the Code Enforcement Officer,
one member of the Zoning Board of Appeals (as designated by the Mayor),
and one Village Trustee (as designated by the Board of Trustees).
(2)
All complaints received by the Code Enforcement Officer with respect
to the operation of a short-term rental shall be reduced to writing
and referred to the Complaint Review Board.
(3)
Following receipt of a complaint, the Complaint Review Board shall
investigate the complaint to determine whether a violation of this
section is or was occurring. Upon a finding by the Complaint Review
Board that a violation occurred or is occurring, the Code Enforcement
Officer shall issue a notice to the property owner and the designated
property contact(s) detailing the violation, specifying the corrective
action to be taken and stating the date by which such action must
be completed.
(4)
Notices issued pursuant to this section shall be delivered by personal
service or by certified mail to the property owner or designated property
contact.
F.
Violations.
(1)
Upon a) the failure by the permit holder to comply with any notice
requiring corrective action within the time period designated by the
Code Enforcement Officer, or b) the finding by the Complaint Review
Board of a third violation of this section attributable to a particular
short-term rental unit, or any combination of short-term rental units
the permits for which are held by the same party, all short-term rental
permits held by such party and applicable to short-term rental units
in the building in which the violation(s) occurred shall be revoked
by written notice of the Code Enforcement Officer to the permit holder
and the designated property contact.
(2)
Any such revocation of a short-term rental permit or permits shall
be appealable to the Zoning Board of Appeals. Any such appeal shall
be taken, if at all, by the permit holder filing an appeal to the
Zoning Board of Appeals within 15 days following the delivery of the
notice of revocation of the permit(s). The Zoning Board of Appeals
shall then schedule a hearing on the appeal within 30 days following
the filing of the application for an appeal. Following such hearing,
the Zoning Board of Appeals shall determine whether the grounds for
revocation of the permit(s) in question were sufficient and whether
all procedures requisite to such revocation were materially complied
with. Upon a finding in the affirmative, the Zoning Board of Appeals
shall provide notice to the permit holder and the Code Enforcement
Officer that the revocation is confirmed. Upon a finding in the negative,
the Zoning Board of Appeals shall provide notice to the permit holder
and the Code Enforcement Officer that the revocation is rescinded.
(3)
During the appeal of the revocation of a short-term rental permit,
the short-term rental unit(s) to which such permit(s) apply may continue
to be operated in accordance with the requirements of this section.
(4)
Any permit holder that has had a short-term rental permit revoked
pursuant to this subsection, and which revocation has been upheld
upon appeal (as applicable), shall not be eligible to apply for a
new short-term rental permit for a period of four years following
the effective date of revocation.
(5)
The remedies with respect to violations of this section as set forth
herein shall be in addition to, and not in derogation or limitation
of, any other remedies available pursuant to this chapter or other
applicable law.
