Application for a special permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 62 days from the day an application for special permit is made for a public hearing. Public notice shall be given by publication in the newspaper of such hearing at least five days prior to the date of public hearing. The secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners who qualify under terms of § 230-44D, who object to the granting of the special permit and the reasons why, such information is to be given consideration in arriving at a permit decision. In addition, the applicant shall post a sign on the property which is the subject of the application, at the applicant's own cost, containing the notice of public hearing at least 10 days prior to the date of the public hearing. The Planning Board shall determine the number, size and placement of the sign to be posted on the property which shall be in compliance with the requirements of § 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Planning Board at least five days before the public hearing. Reposting of such sign shall not be required for adjourned dates. An applicant shall not be deemed to have violated the requirement to maintain the notice sign if the sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The sign required herein shall be removed within five days of the close of the public hearing. The Planning Board is authorized to develop and revise from time to time policies and procedures regarding the size of notice signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the notice sign in order to best serve the needs of the Planning Board and the public.

Within 62 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the special permit. 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 a copy thereof shall be mailed to the applicant. No building permit shall be issued for special uses until the provision of § 230-43 have been met.

Planning Board report, considerations and scope. The Planning Board, after public notice and hearing in the same manner as required under law for the consideration of variances, may approve the issuance of a special permit, provided that it shall find that all of the following conditions and standards have been met:

If the Planning Board indicates that all applicable requirements have been met and approves the special use permit, it shall issue the permit for which application has been made, including such conditions and safeguards to the permit as have been required. The Zoning Enforcement Officer shall not issue the permit for which the application has been made until receipt of a written permit approval from the Planning Board.

Expiration of special permits. A special permit shall be void if construction is not started within one year and completed within two years of the date of the final special permit approval, except that such special permit approval may be renewed by the Planning Board at its discretion.

Revocation of special permits. Special permits may be revoked in the event of any deviation from approved special permit.

Existing violations. No permit shall be issued for a special use for a  property upon which there is an existing violation of this chapter.

A special permit shall only be granted when the applicant has demonstrated the need for a warehouse to support a business.

More restrictive provisions prevail. The property and structures shall comply with all applicable requirements for the GB General Business District. Except that the regulations of this section shall apply when they are more restrictive.

The only business permitted to occupy the warehouse is that business in receipt of a special permit and site development plan approval from the Planning Board. Subletting is prohibited.

No use shall be conducted in a manner which would render it noxious or offensive by a reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.

All products, or materials handled or offered for sale shall be kept in accordance with the laws governing the same.

There shall be no outdoor storage or display of any kind.

There shall be no outdoor overnight parking of any delivery vehicles or trailers.

All warehouse operations shall be conducted indoors.

Security lighting shall not impact on any residential properties.

The design and construction of the warehouse shall be harmonious and compatible with that of the existing architecture in the surrounding area.

Off-street parking shall be provided in accordance with § 230-16J of this chapter.

Fire protection shall be in accordance with Chapter 101 of the Village Code, specifically requiring Fire Limits B, pursuant to the New York State Uniform Fire Prevention and Building Code, in the GB General Business District.

No self-service storage warehouse structures shall be located within 30 feet of a lot line of a residentially developed property.

No individual storage cells shall exceed 2,000 cubic feet or 10 feet in height.

Landscaping shall be provided along all lot lines, in a manner which will largely obscure the use and its operation, when viewed from the street and/or ground level.

Security lighting shall not impact on any residential properties.

There shall be no outdoor storage of any kind. Dumpsters and refuse bins shall minimal in size and located in enclosed structures or screened by fencing.

There shall be no outdoor overnight parking of any delivery vehicles or trailers.

There shall be no storage of flammable materials, hazardous or toxic materials, or motor vehicles.

The design and construction shall be harmonious and compatible with that of the existing architect in the surrounding area. Wherever possible, rows of storage bay doors should be situated so as not to be visible from the street but instead shall face into the site.

Fire protection shall be in accordance with Chapter 101 of the Village Code, specifically Fire Limits B, pursuant to the New York State Uniform Fire Prevention and Building Code, in the GB General Business District.

Parking shall be provided in accordance with § 230-16J of this chapter.

Two-way drives and aisles shall be a minimum of 24 feet in width, with a minimum turning radius of 15 feet. One-way drives and aisles must be a minimum of 20 feet in width, with a minimum turning radius of 15 feet. Circulation drives at the ends of buildings must be a minimum of 25 feet in width, including turning radius.

If a self-service storage warehouse is to be located adjacent to a residentially developed property, the Planning Board may restrict the hours of operation.

No use shall be conducted in a manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.

All products or materials handled shall be kept in accordance with the laws governing the same.

The special permit shall remain valid so long as the applicable provisions of this section are complied with. Failure to do so will result in a revocation of this special permit.

The special permit shall run with the land.

No building permit may be issued without conformance to this section. Site plan approval by the Planning Board in accordance with this section is required for the proposed use or changes in use of land, buildings and other structures for:

Where site plan approval is required by this chapter, no building permit and, in the case of a change of use, no certificate of occupancy shall be issued by the Zoning Enforcement Officer until such a plan shall have been approved by the Planning Board. No certificate of occupancy shall be issued for such premises until all of the requirements of the Planning Board's approval, including any conditions attached thereto, shall have been met.

Continued conformance with such plan and requirements, including the maintenance of all improvements, shall be a condition of the continued validity of the certificate of occupancy.

Revisions of such plans shall be subject to the same approval requirements. One customary retail use can be substituted for another without additional review, provided that it does not constitute an intensification of use or changes to the original site plan.

The Planning Board may, subject to final approval by the Village Board and subsequent to a public hearing, adopt such rules and regulations as it deems necessary to properly exercise this power of site plan review.

There shall be a site plan approval application fee, unless the application is submitted simultaneously with a subdivision request, in which case the subdivision fee shall include the site plan application fee.

In the case of a use conversion which does not require additional construction or site modifications or in the case of minor changes requiring a building permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable. This determination shall be made by the Planning Board, in writing, after receipt of a recommendation from the Zoning Enforcement Officer.

In all other cases covered by the provisions of this chapter, applications for site plan approval shall be presented to the Planning Board 10 days prior to a scheduled public meeting and shall be made prior to the application for a building permit.

The application shall be complete and in a form acceptable to the Planning Board and be accompanied by a detailed site plan prepared by a qualified individual or firm, including but not limited to a registered architect, professional engineer, licensed land surveyor or landscape architect, and shall contain at least the following information:

State environmental quality review (SEQR). No application shall be deemed complete without compliance with the State Environmental Quality Review Act (SEQRA), including an environmental assessment form (EAF) and, where necessary, a lead agency determination, a negative or positive declaration and the submission of an acceptable draft environmental impact statement (DEIS).

Exceptions. For minor site development plans or in other appropriate circumstances, the Planning Board may waive the provision of any items of information listed in this section.

Appeals. Denial of any waiver or any disagreement with the Planning Board's interpretation of any provision of this chapter may be appealed to the Zoning Board of Appeals.

The Planning Board shall notify, by certified mail, all adjacent property owners of the date, time, place and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. The records of the Receiver of Taxes of the Village of Millbrook shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in a properly addressed postpaid envelope in the United States Mail. In addition, the applicant shall post a sign on the property which is the subject of the application, at the applicant's own cost, containing the notice of public hearing at least 10 days prior to the date of the public hearing. The Planning Board shall determine the number, size and placement of the sign to be posted on the property which shall be in compliance with the requirements of § 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Planning Board at least five days before the public hearing. Reposting of such sign shall not be required for adjourned dates. An applicant shall not be deemed to have violated the requirement to maintain the notice sign if the sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The sign required herein shall be removed within five days of the close of the Public Hearing. The Planning Board is authorized to develop and revise from time to time policies and procedures regarding the size of notice signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the notice sign in order to best serve the needs of the Planning Board and the public.

Within 62 days of the date of the adjournment of public meeting, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site plan. A copy of the Planning Board's decision shall be filed in the offices of the Village Clerk and with the Zoning Enforcement Officer, and a copy thereof shall be mailed to the applicant.

Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modification required by the Planning Board as a condition of its approval. Upon verification by the Planning Board that the plan complies with the requirements of the Planning Board, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Zoning Enforcement Officer, the Planning Board and the Village Clerk.

In preparing its decision concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all buildings and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses, so that:

In acting to approve, whether with or without modifications, a site plan application, the Planning Board shall attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations will be complied with.

A site plan shall be void if construction is not started within one year and completed within two years of the date of the final site plan approval, except that such site plan approval may be renewed by the Planning Board at its discretion.

Performance bonds. The applicant may be required to post performance bonds pursuant to local law in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitable graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers, shall all be installed in accordance with standards, specifications and procedure acceptable to the appropriate Village departments.

Referral. The Planning Board shall comply with the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning all site plan applications that are within its jurisdiction.

Physical environment:

Social environment: community facilities, including schools, medical facilities, fire and police protection, recreation and cultural facilities.

Aesthetic environment: