[Amended by L.L. No. 17-1997; L.L. No. 26-1997; L.L. No. 4-2000; 11-14-2001 by L.L. No. 13-2001; 1-4-2006 by L.L. No. 2-2006; 1-18-2006 by L.L. No. 4-2006; 8-23-2006 by L.L. No.
13-2006; 8-1-2007 by L.L. No. 5-2007; 6-10-2009 by L.L. No.
7-2009; 7-11-2012 by L.L. No. 5-2012]
In accordance with § 7-725-a of the
Village Law, no building permit shall be issued, no structure or use
shall be established, and no lot, parcel or site preparations, including
clearing vegetation, grading, filling, excavating in excess of 30
cubic yards, or altering drainage shall be undertaken, except in conformity
with an approved site plan for the lot, and no certificate of occupancy
for such structure or use shall be issued until all the requirements
for such a plan and any conditions attached thereto have been met.
Limited short-term site investigations, such as surveys, soil borings,
test pits, and other disturbances incidental to engineering and environmental
studies, are exempt from the requirement for an approved site plan.
Continued conformance with such a plan and such requirements shall
be a condition of the continued validity of any certificate of occupancy
issued. Revision of such plans shall be subject to the same approval
procedure.
A.
Application procedure for site plan approval.
(1)
An application for a building permit for a use requiring
site plan approval shall be made to the Building Inspector. Until
such time as a complete application, including all of the required
information and documentation, in proper form, has been received by
the Building Inspector, the application shall not be considered as
officially submitted. The application shall be accompanied by a detailed
site plan prepared by a legally qualified individual or firm, such
as a registered architect or professional engineer, and shall contain
the following information:
(a)
The location of all existing watercourses, wooded
areas, easements, rights-of-way, streets, roads, highways, railroads,
streams, buildings, structures or any other feature directly on the
property or beyond the property if such feature has an effect on the
use of said property.
(b)
The location, use, and ground area of each proposed
building, structure or any other land use.
(c)
The location and widths of proposed streets
servicing the area.
(d)
The location, size and capacity of proposed
off-street parking areas.
(e)
The location and size of proposed loading berths.
(f)
The location and treatment of proposed entrances
and exits to public rights-of-way, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, additional width, and any other device necessary to traffic
safety and/or convenience.
(g)
The location and identification of buildings or sites on the premises or within 100 feet of the boundaries of the premises heretofore designated as landmarks pursuant to the provisions of § 9-20 of the Municipal Code or of an historic district.
(h)
The location and identification of proposed
open spaces, parks or other recreational areas and the general location
of landscaping and other forestry features.
(i)
The general location and design of stormwater detention facilities in accordance with § 212-23D(2).
(j)
The location and design of buffer areas and
screening devices to be maintained.
(k)
The location of sidewalks, walkways and all
other areas proposed to be devoted to pedestrian use.
(l)
General nature and location of public and private
utilities, including maintenance facilities.
(m)
Specific location and size of signs.
(n)
Architectural drawings, including floor plans
and elevations, and an indication of exterior materials.
(o)
Environmental assessment form, as appropriate.
(p)
Any other information the Planning Board may
deem necessary to ascertain compliance with the provisions of this
chapter.
(2)
The filing of an application shall be accompanied
by the payment of a filing fee by the applicant determined as follows:
[Amended 6-24-2009 by L.L. No. 9-2009]
(a)
Pre-application review fee: set annually by resolution of the
Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
(b)
Site plan approval:
[Amended 10-22-2014 by L.L. No. 13-2014]
[1]
Change of use, with no exterior changes: set annually by resolution
of the Board of Trustees.
[2]
Exterior renovations to existing structure: set annually by
resolution of the Board of Trustees.
[3]
New construction, residential: set annually by resolution of
the Board of Trustees.
[4]
New construction, commercial: set annually by resolution of
the Board of Trustees.
[5]
New construction, site development: set annually by resolution
of the Board of Trustees. The fees associated with new construction
site development cover the costs of review by engineering, planning
and legal consultants, but they do not include SEQR fees, as applicable
by law, or other costs, including but not limited to wetland delineation
and soil testing for pesticides, which are to be covered by the applicant.
(c)
Amended site plan:
[1]
For changes affecting 50% or more of the total square footage of the structure(s) or the acreage of the site that is the subject of an amended site plan application, applicants shall pay 1/2 of the original fee for the site plan application of that type as set forth in Subsection A(2)(b) of this section.
[2]
For changes affecting less than 50% of the total square footage of the structure(s) or the acreage of the site that is the subject of an amended site plan application, applicants shall pay 1/4 of the original fee for the site plan application of that type as set forth in Subsection A(2)(b) of this section.
(d)
Applications for projects subject to New York State Environmental
Quality Review ("SEQR") shall be charged the actual costs of either
preparing or reviewing the draft and/or final Environmental Impact
Statement ("EIS") for the project, in accordance with § 617.13
of the SEQR regulations. If the technical services of the New York
Department of Environmental Conservation are necessary or desirable
in the SEQR review of an application, the costs of the same shall
be charged to the applicant in accordance with § 617.13
of the SEQR regulations.
(3)
Drawings shall be at a scale adequate to show required
details.
B.
Application review procedure. Each application requiring site plan approval, together with the required information described in Subsection A above, shall be referred to the Planning Board by the Building Inspector within 10 days of the date of application for action thereupon. A public hearing shall be conducted on all applications for site plan approval.
[Amended 8-25-2010 by L.L. No. 3-2010]
(1)
Notice.
(a)
Public notice of such hearing shall be printed in a newspaper of
general circulation in the Village at least five days prior to the
public hearing.
(b)
Mailing to adjoining property owners. The applicant shall mail notice
of the hearing, at least 10 days prior to the date of the public hearing,
unless 14 days' notice is required by SEQRA, to the owners of all
neighboring real property. Such neighboring property shall be defined
as those lots having boundaries contiguous with the boundaries of
the plot, piece or parcel of land to which the application applies
and to all other owners of real property which lie within 200 feet
of such boundaries.
(c)
Mailing by applicant. Such notice shall be mailed by the applicant,
at his or her sole cost and expense, by depositing a true copy of
such notice in a post-paid, properly addressed envelope, in a post
office or other official depository under the exclusive care and custody
of the United States Postal Service within the State of New York.
The applicant shall, at or prior to the date of the public hearing,
file with the secretary of the Planning Board an affidavit of mailing,
as proof of compliance with the foregoing notification procedure.
(d)
Property signage. The Planning Board shall require that, at least
10 days prior to the initial public hearing, the owner or applicant
post a sign giving notice of the public hearing within 25 feet of
each property line having frontage on a road or highway, including
the road or highway providing access to the property, so that it is
clearly visible to the public from such road or highway. The size
of the sign and text shall be approved by the Village Board or such
Village official as the Board may designate. The notice shall include
a statement that an application for site plan/special use permit affecting
the property has been made and such other information as the Village
Board may require. The applicant shall submit a photograph and affidavit,
or other satisfactory evidence, at the public hearing that the required
signage was duly erected and maintained in good condition until the
hearing, and shall ensure that the sign is maintained until after
the hearing is closed or the application is withdrawn, whichever occurs
first. It shall be a violation of this chapter for any person, except
the applicant or duly authorized Village official, to remove, deface
or tamper with duly erected signage during the period it is required
by this section to be maintained. The Planning Board may waive the
requirement that signage be erected when it finds that the benefit
of such notice would be disproportionate to the cost imposed on the
applicant. In such case, a waiver shall be granted by a favorable
vote of a majority of its members, and the Board shall set forth the
basis on which it determined the waiver appropriate.
(2)
The
Planning Board shall conduct a public hearing within 62 days from
the date the application was referred. The Planning Board shall issue
its decision on the application within 62 days after the close of
the public hearing. The review period may be extended by mutual agreement
of the Planning Board and applicant.
C.
Planning Board action. Following review of a submitted
site plan application, the Planning Board shall issue a decision,
in writing:
(1)
Approving the site plan as submitted; or
(2)
Approving part of the site plan deferring approval
on other parts of the plan until the first stage is completed satisfactorily.
The approved part shall represent at least 35% of the total value
of the project; or
(3)
Rejecting the site plan and requiring resubmission
of a modified plan. Denial shall be accompanied by recommendations
for modification.
(4)
The decision of the Planning Board shall be filed
in the office of the Village Clerk within five business days after
such decision is rendered, and copies thereof provided to the Building
Inspector and mailed to the applicant.
D.
Standards for site plan approval.
(1)
In reviewing the site plan, the Planning Board shall
require that it conform to the Comprehensive Master Plan, adopted
by the Board of Trustees on June 4, 1994, and the Gateway District
Development Standards, adopted by the Board of Trustees on September
22, 1997, and other provisions of the Village of New Paltz Municipal
Code. Traffic flow, circulation, and parking shall be reviewed to
ensure that there is no unreasonable interference with traffic on
surrounding streets. Conservation features, aesthetics, landscaping,
and impact on surrounding development as well as on the entire Village
shall be part of the Planning Board review.
(2)
Stormwater management facilities. Construction that involves the increase in impervious surfaces will increase stormwater runoff. Stormwater detention facilities may be required to reduce runoff rates and impacts to downstream properties. If the Planning Board determines that the increase in stormwater runoff is potentially significant and may result in adverse impacts, it may refer the application to the Village Engineer The Village Engineer may require drainage calculations and stormwater mitigation to ensure that impacts to downstream facilities/properties are minimized. For construction with a total land disturbance over one acre, refer to Chapter 165.
[Amended 6-23-2021 by L.L. No. 2-2021]
(3)
In its review, the Planning Board may request the
applicant to produce approvals from those local, county, state, or
federal agencies which may have an interest in the particular development
for which site plan approval is being sought.
E.
Building Inspector’s action. The Building Inspector
shall not grant a building permit for any activity requiring site
plan approval which has not been approved by the Planning Board. The
Building Inspector shall not issue a certificate of occupancy for
any structure or activity which does not conform within an approved
site plan.
F.
Site changes; expiration of approval. The site plan
as approved by the Planning Board shall be binding upon the applicant.
Any changes from the approved plan shall require resubmission and
reapproval by the Planning Board. If no construction or other site
improvements have been initiated at the site during the twelve-month
period following approval, the approved plan shall require resubmission
and reapproval by the Planning Board.
G.
Performance guarantee. The Planning Board may require
that public improvements, landscaping and buffer area requirements
be secured by a performance guarantee in a mutually agreed on manner
or in the same manner as prescribed for such improvements in the regulations
for subdivision of land in the Village of New Paltz as may be enacted.
H.
Submission to County Planning Board. When affecting
an existing or proposed county road or drainage facility, a copy of
the site plan shall be submitted to the Ulster County Planning Board
for review, comment and approval at least 30 days prior to final approval
by the Village of New Paltz Planning Board.
I.
Application review fees.
(1)
In addition to the fees specified in § 212-23A(2) of this chapter, every application for approval of a proposed site plan shall be accompanied by a reasonable fee to defray the expenses incurred by the Planning Board in rendering a determination on the application.
(2)
The expenses for which the applicant shall be responsible shall include the costs of services rendered to the Planning Board by the Village Attorney, Village engineers, and other persons, consultants, and agencies for the analysis and review of the plans and specifications of the applicant and for advice concerning all legal, engineering, and administrative issues presented by the application; the fees required under § 105-6 of the Municipal Code for environmental quality review, if applicable; and all disbursements incurred by or on behalf of the Planning Board for postage, filing fees, inspection fees, additional publication of notices, preparation of reports, and miscellaneous services and disbursements.
(3)
The payment, deposit, use, replenishment and refund of funds to cover expenses required by this section shall be governed by § 212-66 herein.
[Amended 12-15-2010 by L.L. No. 1-2011[1]]
[1]
Editor’s Note: This local law also provided for the
repeal of former Subsection I(4) through I(6), which immediately followed
this subsection.
J.
Parkland.
[Amended 10-22-2014 by L.L. No. 13-2014; 5-16-2018 by L.L. No. 4-2018; 6-13-2018 by L.L. No. 5-2018]
(1)
General requirement. Pursuant to § 7-725-a of the Village Law, site plans containing residential units must provide for adequate public parkland or recreation areas suitably located for parkland, playground or other recreational purposes. Where a site plan cannot meet the land reservation requirement, as set forth in Subsection J(2) below, the applicant shall be required to pay a fee to the Village that will be placed in a trust fund to be used for the purchase and development of parks and recreational sites within the Village.
(2)
Reservation of land. If the Planning Board finds that, consistent with Subsection J(1) above and the Village's Comprehensive Plan, the Village has a need for public parkland and recreational facilities, and that the site plan will contribute to such need, the Planning Board shall require that the site plan contain public parkland or recreational facilities suitably located thereon, based on the following standards:
(a)
Land shall be reserved for public parks, playgrounds and other
recreation purposes in such locations on the site plan consistent
with the Comprehensive Plan, or where the Planning Board otherwise
determines that such reservation would be appropriate under the circumstances.
(b)
Each such reservation shall be of suitable size, dimension,
and topography, have adequate pedestrian, bicycle, and vehicle access,
and be of a general character, satisfactory to the particular public
parkland or recreational purposes envisioned by the Planning Board.
At least 45 days prior to the Planning Board's findings and determination
of the reservation of such parkland and recreational facilities, the
Planning Board shall refer the proposed reservation of parkland or
recreational facilities to the Board of Trustees for a recommendation
report back to the Planning Board on the suitability of the reservation
of public parkland and/or recreational facilities. If no report back
from the Board of Trustees occurs within such 45 days, then the Planning
Board may make its reservation of parkland or recreational facilities
determination.
(c)
The minimum amount of land area to be reserved for public parks,
playgrounds or other recreational purposes shall be 1,300 square feet
for each new residential unit located within the proposed site plan.
All such parks, playgrounds or recreational areas shall be at least
21,780 square feet. Based upon the particular circumstances of the
site plan, the Planning Board may find that land area in addition
to the minimum is necessary and may require that such larger land
area be reserved. However, such land area in addition to the minimum
shall, collectively with the minimum, result in no more than 10% of
the developable area of the proposed site plan.
(d)
The reserved areas shall be shown and marked on the site plan
"Reserved Public Parkland for Recreational Purposes."
(e)
The reservation of land deemed by the Planning Board to be of
sufficient size and suitability must be reserved in full on the site
plan; no partial public parkland or recreational facilities shall
be credited toward the mandated reservation of land.
(f)
The reservation of land may be offered for dedication to the
Village. If the Board of Trustees determines not to accept the offer
of dedication of such land, or if no offer is made, then the privately
held land must be subject to such restrictions, by way of deed restrictions
or easements in favor of the Village and acceptable to the Village
Attorney as to form, to ensure that such land is properly developed
and maintained for use by the public.
(3)
Payment in lieu of land. Where the Planning Board finds that the
proposed site plan presents a proper case for requiring a public park
or recreation area pursuant to this section and state law, but that
a suitable public park or recreation area of adequate size cannot
be appropriately located on the site plan, the Planning Board shall
require, as a condition of approval, that the applicant deposit a
cash payment in lieu of land reservation with the Village Clerk. The
amount of such payment shall be as set by resolution of the Board
of Trustees for each lot. The amount of such payment shall be as set
annually by resolution of the Board of Trustees for each unit and
must be paid to the Village Clerk prior to the signing of the site
plan. Pursuant to § 7-725-a, Subdivision 6(d), of the Village
Law, if the land included in a site plan under review is a portion
of a subdivision plat which has been reviewed and approved, the Planning
Board shall credit the applicant for any land set aside, or payment
in lieu of land set aside, under such subdivision plat approval on
a pro-rata basis, provided that such prior subdivision approval shall
have occurred less than 10 years prior; if such prior subdivision
approval shall have occurred on or more than 10 years prior, no such
credit shall be given.
[Amended 4-29-2013 by L.L. No. 5-2013]
Conversion from any use to a permitted use is
allowed, provided that all specified off-street parking requirements
are met.
[Amended 7-10-1996 by L.L. No. 2-1996;
by L.L. No. 14-1998; 3-13-2001 by L.L. No. 4-2001; 1-9-2002 by L.L. No. 1-2002; 8-14-2002 by L.L. No.
11-2002; 11-13-2002 by L.L. No. 17-2002]
A.
General guidelines. These regulations are intended
to:
(1)
Protect and enhance the unique visual qualities of
New Paltz.
(2)
Conform to the guidelines and intent of the Comprehensive
Master Plan of the Village.
(3)
Encourage the installation of appropriate signs that
harmonize with the buildings, neighborhood, and other signs in the
area.
(4)
Eliminate excessive and unsightly competition for
visual attention through signs.
(5)
Safeguard the general public by elimination of signs
which may distract a motorist or contribute to the hazards of driving.
(6)
Create a more attractive economic and business climate.
(7)
Preserve citizens' rights to a customary means of
earning a living.
(8)
Protect property values.
(9)
Maintain a standard of quality of all signs.
(10)
Provide for the removal of signs that no longer
advertise a bona fide business or product available for purchase or
that advertise a dated event the date of which has passed.
(11)
Ensure that colors and materials of signs enhance
the visual continuity of the district.
B.
Permits.
(1)
General regulations. Except as otherwise provided
herein, no sign or other advertising device shall be erected, constructed,
displayed, moved, reconstructed, extended, enlarged or altered within
the Village of New Paltz, except in conformity with these regulations
nor without first having obtained a permit from the Building Inspector.
(2)
Application and fees.
(a)
A written application shall be submitted to
the Building Inspector on a sign permit form prescribed by the Village.
(b)
A plan drawing shall be included with the application,
showing the location of the building, structure, or land upon which
the sign now exists or is to be erected.
(c)
An elevation drawing shall be included with
the application, providing a full description of the placement and
appearance of the proposed sign showing:
(d)
Written consent from the landowner or authorized
representative if different from the applicant.
(e)
Payment of the sign permit fee specified in
§ 86-12A(2) of the Municipal Code.
(3)
Issuance of permit.
(a)
Process. For signs not subject to Planning Board review (see § 212-25E), it shall be the duty of the Building Inspector upon receipt of a properly completed application for a sign permit and fee, to examine such plans, specifications, locations and other data submitted and approve said plans if they are in compliance with all requirements of this section and the Municipal Code of the Village. The Building Inspector shall then, within 10 working days of receipt of the application, issue a permit for the erection of the proposed sign.
(b)
Condition. All sign permits shall include the
condition that the permitted sign shall be maintained in such a way
as not to present a health or safety hazard to pedestrians, drivers,
and other persons or property within the vicinity of the sign.
(c)
Disapproval. In the event that plans submitted
do not meet requirements of the Municipal Code, the Building Inspector
shall, within 10 days of the receipt of the application, notify the
applicant, in writing, of the reason for refusal to issue a permit
and return the application and fee to the applicant.
(d)
Time limit. If the authorized sign is not erected
within 180 days of the date the sign permit is granted, the permit
shall become null and void and a new application must be submitted.
(e)
Violation. If, subsequent to inspection by the Building Inspector, a sign is found to be in violation of the conditions specified in the sign permit or of this section or any other section of the Municipal Code, the person to whom the permit was issued shall be notified, in writing, to bring the sign into compliance with the specified conditions. Failure to comply within 30 days of receipt of such written notice shall be cause for revocation of the permit and removal of the sign in accordance with § 212-25F(3) hereof.
C.
Exemptions to approval requirements. A permit shall not be required for the following signs. However, unless otherwise limited, the size, height, illumination, location, structure and other physical features of each such exempt sign on any premises must conform with the maximum specifications for a sign for which a permit is required in the zoning district in which the sign is located. In addition, the total aggregate face area of all such exempt signs on any premises shall not exceed these same specifications. In computing face area of such exempt signs, the aggregate face area of any commercial or other signs on the premises for which a permit is required under this § 212-25 shall not be included. Such exemptions shall not be construed as relieving the owner of the sign from the responsibilities for conformance with all other applicable provisions of these regulations:
(1)
Nameplate: one professional or business nameplate
not exceeding one square foot in area for each professional tenant
of the site.
(2)
Construction sign: one sign for the purpose of identifying
a site under construction.
(3)
Real estate sign: one sign advertising the sale, lease
or rental of the premises on which said sign is located, provided
that the total aggregate face area of such sign shall not exceed 20
square feet in the B-3 Zoning District or six square feet in all other
zoning districts, and further provided that such sign shall be removed
no later than three weeks after the sale, lease or rental is consummated.
(4)
Traffic or municipal signs, legal notices and temporary
emergency nonadvertising signs as may be erected by the Village or
any other government entity.
(5)
Temporary commercial nonilluminated window advertising
signs which occupy no more than 20% of the total window area of the
principal facade of the establishment and are displayed for no longer
than two weeks.
(6)
Historical markers: emblems, tablets, plaques or memorial
signs when cut into masonry surface or when constructed of bronze,
stainless steel or other similar permanent material installed by governmental
agencies, religious or nonprofit organizations.
(8)
Noncommercial signs. Permanent or temporary signs displaying a noncommercial message. If a temporary, noncommercial sign promotes a dated event, such as a sporting event, entertainment event or an election, such sign must be removed within one week after such event. If such a sign is not removed within one week after the event, the Building Inspector shall provide written notice to the owner of the premises that said sign must be removed. Failure to remove the sign within 10 days of receipt of such written notice shall be cause for removal of the sign in accordance with § 212-25F(3) hereof.
D.
Prohibited signs. All signs not specifically permitted
are prohibited, unless allowed or approved by the Zoning Board of
Appeals or the decision of a federal, state or county court or department
having superseding governmental jurisdiction. Prohibited signs include
but are not limited to:
(1)
Billboards.
(2)
Bench signs.
(3)
Roof signs.
(4)
No flashing signs or lights shall be permitted.
(5)
Sandwich boards are prohibited, except those containing
a noncommercial message provided the period of display shall not exceed
two weeks. Sandwich boards may not be placed on any sidewalk on public
or private property.
(6)
Signs which have any visible moving parts, including
signs which achieve movement by design or by action of wind currents.
(7)
Traffic hazards. No signs shall be permitted which
by color, shape, lighting or location may visually obstruct or be
confused with official traffic signs or signals.
(8)
Banners. Banners and similar devices shall be prohibited,
except those containing a noncommercial message, provided that the
period for such display shall not exceed two weeks.
(9)
Mobile signs.
(10)
No illuminated sign shall be permitted which
will, by reason of design or location, cause intrusive glare on neighboring
premises. All bare incandescent light sources and immediately adjacent
reflective surfaces shall be shielded from view. No internally illuminated
signs shall be permitted.
E.
Signs requiring Planning Board review. Village Planning Board approval is required for the installation of bulletin boards, community poles, murals, shopping center and office building sign plans. [See § 212-25F(8)]. The Building Inspector shall receive and forward all applications to the Planning Board in accordance with the site plan review procedures set forth in § 212-23.
F.
General sign requirements.
(1)
Temporary commercial signs.
(a)
An application must be made for each commercial sign of a temporary nature before being displayed, except those specified under § 212-25C, Exemptions to approval requirements.
(b)
Temporary commercial signs shall be permitted
for a period not exceeding two weeks prior to the activity or event
nor exceeding one week after the activity or event. The approved application
shall note the date of the first day a sign may be displayed and the
date by which it must be removed.
(c)
If a temporary commercial sign is not removed by the expiration of the time limit noted on the application, the Building Inspector, after 10 days' written notice to the applicant to remove such sign and the failure of the applicant to do so, may cause the sign to be removed pursuant to § 212-25F(3).
(2)
Nonconforming signs. Any sign which does not conform to the regulations set forth in this § 212-25 shall not be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law, and except as follows:
(a)
Repair or alteration. Normal maintenance repair
and incidental alteration of a nonconforming sign are permitted, provided
it does not extend the area, volume of space or illumination occupied
by the sign. However, no alteration of a nonconforming sign will be
permitted if it results from a change of name or business use at the
premises.
(b)
Reconstruction. When a nonconforming sign is
destroyed or damaged, or when the owner or tenant of the premises
desires to replace the sign for any reason, the Zoning Board of Appeals,
after review and recommendation by the Planning Board, may authorize
such replacement of a sign by a sign which will be nonconforming if
the replacement would not constitute a substantial enlargement of
the nonconforming sign and if the replacement of the sign would provide
better aesthetics or assist in alleviating existing nonconforming
characteristics.
(3)
Abandoned signs. Any sign currently or hereafter existing
which no longer advertises a bona fide business or product or services
available for purchase by the public on the premises shall be taken
down by the owner, agent or person having beneficial use of the building
or structure upon which the sign may be found within 10 days after
written notification by the Building Inspector. Upon failure to comply
with such notice within the time specified in such order, the Building
Inspector is hereby authorized to cause removal of such sign, and
any expense incident thereto shall be paid by the owner of the premises
on which the sign is located. If the charge is not paid, it shall
be a lien upon the premises and shall be collected by the Village
Treasurer as an assessment upon said premises on the real property
tax statements issued by the Village Treasurer on the tax collection
date next following as provided by law.
(4)
Residential zoning districts (R-1, R-2, R-3 and H).
No illuminated or representational signs shall be permitted in residential
districts. No sign or other device for advertising purposes of any
kind may be erected or established in any residential district except
and provided as follows:
(a)
Any dwelling unit in a detached, attached or
townhouse structure may display one nameplate or professional sign
not exceeding two square feet in area.
(b)
Buildings containing dwelling units for five
or more families may display nonilluminated signs identifying the
premises, having an aggregate total face not exceeding six square
feet, and projecting no more than 24 inches beyond the principal building
on the lot.
(c)
One neighborhood identification sign is permitted
at the entrance to an apartment building or complex. The sign may
be two-sided and shall not exceed an aggregate total face of 12 square
feet. If a complex has more than one entrance, identification signs
will be permitted at each entrance, unless both signs would be simultaneously
visible. Suitable landscaping at each sign will be required.
(d)
Permitted nonresidential uses and legal nonconforming
nonresidential uses, but not including home occupations or nursery
schools, may display signs pertaining to the use of property, having
an aggregate total face area not exceeding nine square feet, and projecting
not more than 24 inches beyond the principal building of such use
to which they are attached, except that where such nonresidential
uses are set back from property lines, one sign may be erected in
the ground, provided that such ground sign shall not exceed five feet
in height, shall be parallel to the lot frontage, and shall be no
nearer than 10 feet to any property line. If such freestanding sign
faces substantially at right angles to the road or displays in more
than one direction, it shall have a face area not exceeding four square
feet per side, with no more than two sides.
(5)
B-1, B-2, Gateway Business, NBR, and P-B Zoning Districts.
Each business with its own exterior entrance shall be permitted two
signs with an aggregate sign area not to exceed 30 square feet. Business
or professional establishments which share a common exterior entrance
shall be considered a single entity for sign coverage purposes and
shall be permitted to have 30 square feet, plus one professional nameplate
not to exceed one square foot per each use. Signs may be wall, projecting,
window (permanent) or freestanding signs. Except for wall signs, no
one sign face shall exceed 15 square feet. The following signs are
permitted and count towards the total allowable sign coverage:
[Amended 4-10-2019 by L.L. No. 1-2019]
(a)
Wall signs (with or without border) as large
as one square foot per two linear feet of building frontage or a maximum
of 30 square feet, whichever is less.
(b)
Projecting signs may have a maximum projection
of five feet from the building face; minimum clearance from the ground
of eight feet and maximum clearance of 12 feet above the ground or
not to exceed the highest point of the building line, whichever is
more restrictive.
(c)
Freestanding signs shall be set back a minimum
of five feet from the inside edge of the sidewalk or a minimum of
10 feet from the curb if there is no sidewalk. Maximum height to the
top of sign shall not exceed 10 feet. No property shall have more
than one freestanding sign.
(d)
Permanent window signs as large as 15% of the
total window area of the principal facade. Lettering up to eight inches
high.
(e)
Exceptions for corner lots. Commercial establishments located on corner lots or having building faces fronting on two streets shall be permitted a maximum of three signs with an aggregate sign area not to exceed 45 square feet; provided, however, that no single building face shall be permitted to have signs with an aggregate area in excess of that permitted elsewhere in this Subsection F(5).
(6)
B-3 Highway Business District. A commercial property
shall be permitted three signs with an aggregate sign area to be equal
to 30 square feet plus 25% of the road frontage (as measured in feet)
of the lot upon which the sign is to be erected, but shall not exceed
100 square feet. No one sign face shall exceed 33 1/3 square
feet. There shall be no exceptions for corner lots. A property with
more than one business shall not exceed an aggregate of 100 square
feet of total sign coverage. Signs may be wall, projecting, window
(permanent) or freestanding signs. The following signs are permitted
and count towards the total allowable signage:
(a)
Wall signs (with or without border) shall not
exceed 33 1/3 square feet.
(b)
Projecting signs may project a maximum of six
feet from the building face; minimum clearance from the ground of
eight feet; maximum clearance of 12 feet above the ground or not to
exceed the highest point of the building, whichever is more restrictive.
(c)
Freestanding signs shall be set back a minimum
of five feet from the inside edge of the sidewalk or a minimum of
15 feet from the curb or edge of the road if there is no sidewalk.
Maximum height to the top of sign shall not exceed 12 feet above the
ground or the highest point of the building, whichever is more restrictive.
No property shall have more than one freestanding sign.
(d)
Permanent window signs as large as 20% of the
total window area of the principal facade; lettering up to 12 inches
high.
(7)
Requirements applicable in all districts.
(a)
General rules by sign type:
[1]
Wall signs. The visible edge or border of a
wall sign may be mounted up to 12 inches from the face of the building,
but may not extend beyond the end walls of the building. The placement
of all wall signs must be above the display window and the cornice
in a single-story building or between the shop window and the second-story
window sill in a multistory building.
[2]
Window signs. Permanent window signs must be
painted on or attached directly and permanently to the window.
(8)
Shopping center and office buildings. Where four or
more business establishments are planned which comprise a shopping
center or office building, the following sign criteria shall apply:
(a)
One common freestanding sign identifying the name of the shopping center, office building or individual business is permitted. The street number shall appear at the top of the sign in compliance with § 86-28 of the Municipal Code. Size and setback shall conform to the district's requirements for freestanding signs and be included in the total signage permitted.
(b)
Requirement. A sign plan is required of establishments
that share a zoning lot or parcel. The sign plan shall create visual
unity among the signs within the lot and insures compatibility with
surrounding establishments and structures.
(c)
Process. Before any individual sign permits
for the sign plan area are approved, the sign plan must be reviewed
and approved by the Planning Board.
(9)
Violations. If any sign, subsequent to an inspection by the Building Inspector, is found to be in violation of the conditions specified in the sign permit, if a permit has been issued, or in violation of this section or any other section of the Municipal Code, the person to whom the permit was issued, if a permit was issued, or the owner of the premises if no permit was issued or the permit holder cannot be located, shall be notified in writing to cure the violation(s). Failure to comply within 30 days of receipt of such written notice shall be cause for revocation of the permit, if applicable, and removal of the sign in accordance with § 212-25F(3) hereof.
[Amended by L.L. No. 26-1997]
A.
Standards. No structure shall be erected, constructed,
placed, altered or enlarged in any residence district, which shall
be excessively similar to any neighboring structure, as hereinafter
defined, whether said neighboring structure be then in existence,
or whether a building permit has been issued or applied for. Said
structure shall not be inappropriate to its neighborhood with respect
to the elements of exterior design affecting the character of the
neighborhood, such as size, height, and materials used in construction,
with particular attention to:
(1)
The appearance and shape of roof lines;
(2)
Appearance and arrangement of windows and other apertures
in front elevation; to door, chimney, porch and garage, in the same
elevation; and
(3)
The type and kind of materials used in said front
elevation. Structures between which the only difference in relative
location of elements is end to end or side to side reversal of elements,
shall be deemed to be like each other.
B.
"Neighboring structure" defined. In relation to the
premises with respect to which a structure is sought to be erected,
constructed, placed, altered or enlarged, said structure shall be
deemed to be a neighboring structure if the lot upon which said structure
or any part of the same, has been, or will be located, shall be on
any one of the following lots:
(1)
Any lot on the street upon which the structure would
front, which is the first, second or third lot next along said street
in either direction, without regard to intervening street lines.
C.
Interpretation and application. The provisions of
this section shall be interpreted and administered by the Building
Inspector with the aid and advice of the Planning Board. All determinations
made pursuant thereto shall be made with a view toward preserving
property values in the Village of New Paltz, in the interest of the
general welfare of the inhabitants thereof.
Pursuant to § 7-738 of the Village
Law, the Village Planning Board is authorized to enable and encourage
flexibility of design and development of land in such a manner as
to promote the most appropriate use of land, to facilitate the adequate
and economical provision of streets and utilities and to preserve
the ecological and scenic qualities of open lands in accordance with
the following procedure:
A.
If the owner of a tract of land makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board if, in the Board's discretion, its implementation would benefit the Village. The application shall contain the information specified in § 212-23A hereof and shall be accompanied by the payment of the filing fee as determined in Subsection A(2) thereof.
B.
The procedure shall be applicable only to lands in the R-1, R-2, R-3, H, and P-B Zoning Districts, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number of dwelling units which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Schedule B, § 212-15 of the Municipal Code, applicable to the zoning district or districts in which such development is situated and conforming to all other applicable requirements.
[Amended 10-9-2002 by L.L. No. 16-2002; 4-23-2003 by L.L. No. 3-2003]
C.
The dwelling units permitted may be, as set forth
below in this section, in detached, semidetached, attached or multifamily
structures.
D.
In the event that the implementation of this procedure
results in a plan showing lands available for conservation, drainage,
recreation or other municipal purposes directly related to the development,
then the Planning Board, as a condition of plan approval, may establish
such conditions on the ownership, maintenance and use of such lands
as it deems necessary to insure the preservation of such lands for
their intended purposes. An important potential for the community
in cluster zoning lies in the connective quality of the separate open
spaces created.
E.
The proposed site plan, including areas within which
structures may be located, the height and spacing of buildings, open
spaces and their landscaping, off-street open and enclosed parking
spaces, and streets, driveways, stormwater-detention facilities and
all other physical features as shown on said plan or otherwise described,
accompanied by a statement setting forth the nature of such modifications,
changes, or supplementations of existing zoning provisions as are
not shown on said site plan, shall be subject to review and public
hearing by the Planning Board.
F.
The plan shall be filed in the office of the Ulster
County Clerk and a copy shall be filed with the Village Clerk.
G.
The provisions of this section shall not be deemed
to authorize a change in the permissible use of lands within the zoning
district receiving cluster development as provided in those sections
of the Municipal Code applicable to such lands.
H.
All residential structures must be served by Village
water and sewer systems.
I.
Except for specific areas in the R-3 Zoning District
hereinafter identified, the minimum areas needed to initiate the provisions
of this section are listed below. In R-3 Districts south of Main Street,
the provisions of this section may only be invoked for an entire block
frontage.
[Amended 10-9-2002 by L.L. No. 16-2002; 4-23-2003 by L.L. No. 3-2003]
|
Zoning District
|
Minimum Tract Area
(acres)
|
|---|---|
|
R-1
|
10.0
|
|
R-2
|
5.0
|
|
H
|
4.0
|
|
P-B
|
10.0
|
J.
Any project receiving approval from the Planning Board under the conditions of this section must comply with § 212-23 of the Municipal Code of the Village of New Paltz. Developments may be phased if so approved by the Planning Board at the time of plan review. Completion dates may be established by the Planning Board at the time of approval.
K.
Additional specifications.
(1)
Single-family detached houses. Single-family detached
houses may be placed on lots with minimum areas, widths and front
yards as follows:
|
Min. Lot Dimensions
|
Min. Yard Dimensions
| |||||
|---|---|---|---|---|---|---|
|
District
|
Area
(square feet)
|
Width
(feet)
|
Maximum Lot Coverage
|
Front
(feet)
|
Rear
(feet)
|
Side
(feet)
|
|
H
|
10,000
|
75
|
25%
|
20
|
40
|
10
|
|
R-1
|
7,500
|
60
|
30%
|
20
|
40
|
10
|
|
R-2
|
5,000
|
50
|
35%
|
20
|
40
|
10
|
(2)
Townhouse developments. In R-1 and R-2 Districts,
townhouses (attached one-family dwellings) shall be permitted, provided
there are no more than eight townhouse units in any contiguous group
and no more than four undifferentiated by a variation setback or elevation.
The overall maximum density and maximum lot coverage of the zoning
district in which these are located shall not be exceeded. Lot dimensions,
however, may be reduced as follows:
[Amended 10-9-2002 by L.L. No. 16-2002]
(a)
The minimum lot area shall be not less than
2,000 square feet, with a minimum width of 20 feet; minimum rear yard,
front yard, and side yards at the end of the total structure shall
be 25 feet. All structures shall be at least 50 feet apart. Townhouses
will not be permitted in R-3 and Historic Districts.
(3)
Special design (multifamily) structures. In cases
where a developer has designated special groups of dwellings, the
Planning Board, after inspecting plans and elevations, may approve
minimum lot areas other than those in Subsection J(1), provided that
the density does not exceed that permitted within the zoning district
in which the land is situated or that the layout is not detrimental
to the health and general welfare of the community. Multifamily dwellings
shall be considered as a form of special design, subject to all applicable
requirements of this section.
(4)
Area to be preserved. After allowing for roads and recreation areas required by the provisions of Chapter 178, Subdivision of Land, of the Municipal Code, the area to be dedicated shall be not less than the difference in lot areas that would have resulted in the application of noncluster lot areas standards set forth in § 212-15. The number of buildable lots that would have resulted in application of noncluster standards shall be determined by submission of a sketch plat using noncluster standards. Such sketch plat shall also include land set aside for recreation purposes in accordance with § 178-19A(2) of the Municipal Code. The permissible number of lots or dwelling units for the cluster development will be calculated on that basis.
(a)
For each square foot of land gained within a residential subdivision through the reduction of lot size below the required minimum lot area per dwelling unit requirements as set forth in § 212-14, equal amounts of land shall be preserved and maintained as permanent space for as long as these structures shall exist.
(b)
Such land may be held in corporate ownership
by the owners of lots within the development or may be deeded to the
Village or established within a special zoning district created by
the Village. The Village hereby retains the right to refuse to accept
such land. If such land is to be held in corporate ownership, the
developer shall incorporate into the deeds of all property within
the development a clause giving the owners an interest in such open
land which shall be used for purposes described above and which shall
be subject to approval of the Village Attorney.
(c)
In anticipation of future development, the Planning
Board may require the design of a schematic open space network so
that when subsequent cluster developments are built within separate
tracts of land, respective open spaces will complement each other,
thereby creating continuous, functional greenbelts.
(d)
Any residential development proposed under the
provisions of this section shall follow all applicable procedures,
standards, and requirements governing the subdivision of land within
the Village.
A.
Permitted in residential districts. Home occupations, as defined in § 212-5, shall be permitted in all residential districts, subject to the requirements of Subsection B of this section. Home occupations shall include dressmaker, seamstress, physician, dentist, lawyer, architect, licensed professional engineer, accountant, teacher, and similar occupations.
B.
Regulations for home occupation uses. All home occupation
uses shall satisfy the following requirements:
(1)
Subordination to principal use. Such home occupation
shall be clearly accessory to and incidental to the principal use
of the structure and no more than one such home occupation shall be
conducted on the premises.
(2)
Persons permitted to conduct home occupations. Such
home occupation shall be conducted solely by the owner or tenant residing
on the premises or members of his immediate family residing on the
premises. No other person shall be permitted to share, let or sublet
space for home occupation use.
(3)
Employees. No more than two nonresident persons may
be employed in addition to the owner or tenant of the property.
(4)
Location of home occupations. Such use shall be conducted
entirely within the principal structure and there shall not be any
exterior storage of equipment or materials.
(5)
Signs. There shall be no external evidence of such
home occupation use except for one sign not to exceed two square feet
in face area.
[Added 2-13-2013 by L.L. No. 1-2013]
It shall be unlawful in or on any zoning district or any property
within the boundaries of the Village to operate, conduct, commission,
authorize, or permit, or produce natural gas and oil exploration,
natural gas and oil extraction, natural gas and/or petroleum extraction,
exploration or production wastes natural gas and oil support activities,
or storage or disposal of natural gas and oil production byproducts,
natural gas and/or petroleum extraction, exploration or production
wastes dump. Nothing herein shall be deemed to prohibit soil mining
or excavation as defined in this Code, unless such soil mining or
excavation otherwise qualifies as a prohibited use under this section.
[Amended by L.L. No. 26-1997]
A.
Legislative considerations.
(1)
It is recognized that there are some uses, generally
described as adult entertainment businesses, which, due to their very
nature, have serious objectionable characteristics.
(2)
It is also recognized that the land area of the Village
of New Paltz consists of approximately one square mile, excluding
the property owned by the State University of New York, which is not
subject to the zoning regulations of the Village, and a vacant tract
of land of approximately 250 at the northern limit of the Village,
which is not readily accessible at this time.
(3)
It is also recognized that the Village of New Paltz
is divided into several business zoning districts and several residential
zoning districts, each of such districts being regulated by provisions
of the Zoning Chapter to develop and maintain healthy and viable
commercial and residential uses.
(4)
The Board of Trustees is particularly concerned to
retain businesses providing essential retail consumer goods and services
in the existing central business districts of the Village and to deflect
the trend of such consumer-oriented businesses to relocate to shopping
centers and other locations away from the central business districts
of established communities, caused in part by the preference of consumers
to avoid "downtown" business areas characterized by vacant stores
and generally deteriorating conditions.
(5)
It is also recognized that as the locale of a college
having an enrollment generally greater than the population of the
Village, the business areas of the Village-particularly in the core
business districts-attract a large number of young persons who congregate
in close proximity to business establishments.
(6)
The Board of Trustees is concerned that the operations
of certain businesses promoting live adult entertainment or sexual
enticement with food and beverage service within any of the business
zoning districts will increase the public apprehension of patronizing
other businesses in the vicinity and thereby result in business failures
and lower property values.
(7)
The Board of Trustees is mindful that the courts of
this state and the Supreme Court of the United States have restrained
municipalities from enforcing legislation that has been held violative
of First Amendment rights of free expression which could effectively
inhibit constitutionally protected communicative dancing and theatrical
productions. The Board considers the following criteria to be in order:
(a)
The purpose of this section is not to control
the content of the material purveyed but to control the effect of
such live adult entertainment businesses in those zoning districts
where business uses may otherwise operate.
(b)
The intent of this section is to protect the
economic viability of the established business districts of the Village,
which is a legitimate and substantial governmental interest.
(c)
This section regulates live adult entertainment
uses only in connection with food or beverage service and does not
seek to restrict the sale of books, periodicals, films, or other merchandise
of a sexually oriented nature nor to preclude the showing of motion
pictures, films, video tapes, or slide shows.
(d)
While this section prohibits live adult entertainment
businesses with food or beverage service anywhere within the incorporated
boundaries of the Village, the Board of Trustees is mindful that such
uses are apparently permitted and, on the date of enactment of this
section, do exist in the adjoining Town of New Paltz, thereby providing
a reasonable alternative avenue of expression to those persons wishing
to operate and patronize such live adult entertainment businesses.
B.
Uses prohibited. It shall be unlawful for any person,
firm, corporation, association, club, or other organization to operate
a public or private establishment serving food or beverages in the
Village of New Paltz which presents nude or topless dancers, strippers,
male or female impersonators, or similar entertainment or which employs
nude or topless persons for food or beverage service and which establishment
is customarily not open to the public generally but excludes any minor
by reason of age.
C.
Enforcement. This section shall be enforced in accordance with the provisions of § 212-65 of this chapter.
D.
Effect of invalidity. If any clause, sentence, phrase,
paragraph, or other part of this section shall for any reason be adjudged
finally by a court of competent jurisdiction to be invalid or unenforceable,
such judgment shall not effect, impair, or invalidate the remainder
of this section but shall be confined in its operation and effect
to the clause, sentence, phrase, paragraph, or part thereof directly
involved in the controversy or action in which such judgment shall
have been rendered.
[Amended by L.L. No. 26-1997]
A.
Establishment. Pursuant to the provisions of § 7-700
of the Village Law, it is hereby declared that, the Village of New
Paltz, being bounded on its westerly side by the Wallkill River and
Main Street (Route 299) constituting the sole approach from the west
into the Village, the general welfare of the community will be enhanced
by the establishment of a district with special standards in the vicinity
of this approach to be a particular attraction to residents and tourists
alike. The regulations enacted also intend to preserve to the extent
practicable the unique views of the Shawangunk Mountain range to the
west and the natural beauty of the area. Pursuant to these purposes,
there is hereby created in the Village of New Paltz a zoning district
known as the Gateway District, with boundaries as shown on the Zoning
Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Regulation of structures. No structure shall be constructed, moved or demolished nor the exterior of the structure altered in the Gateway District nor any land improved or developed unless such action is approved by the Planning Board and reviewed by the Village Historic Preservation Commission in accordance with the provisions of § 212-23 of this chapter and in conformity with the Gateway District Development Standards adopted by the Board of Trustees on September 22, 1997. Basic maintenance and essential repairs, using like-for-like materials, which do not alter the exterior appearance of the structure are permitted.
[Amended 2-22-2023 by L.L. No. 2-2023]
