Millbrook Village City Zoning Code
ARTICLE VI
Special Permits; Site Plans; Environmental Impact Review
§ 230-43 Special permit procedure.
All uses listed in the Schedule of Permitted Uses, § 230-12,[1] as special uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case and they shall conform to, but not be limited to, the following general requirements as well as the pertinent supplementary regulations. Special uses are subject to the requirements of § 230-44, Site plan approval.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
General provision. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth therein in addition to all other requirements of this chapter.
Preapplication meeting. Applicants are encouraged to meet with the Planning Board prior to submitting a formal application. The preapplication interview can be useful to discuss concepts, clarify procedures and coordinate all applicable zoning requirements as they appear throughout this chapter.
Application and referral.
[Amended 12-16-1997 by L.L. No. 2-1997; 2-14-2024 by L.L. No. 4-2024]
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.
Coordination of special permits and site plan review. All land uses granted by special permit will require completion of site plan review requirements. Applicants shall submit special permit and site plan applications simultaneously. Site plan review requirements are enumerated in § 230-44.
Planning Board standards for special permit approval.
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:
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Operations in connection with any special use will not be offensive, potentially dangerous, destructive of property values and basic environmental characteristics or detrimental to the total interest of the Village and not be more objectionable to nearby properties by reason of noise, fumes, vibration, electromagnetic radiation, flashing of lights and similar nuisance conditions than would be the operations of any permitted use not requiring a special permit.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses and the entrance, and exit drives shall be laid out so as to achieve maximum safety.
The use conforms in all respects to all the regulations of this chapter and particularly to the specific supplementary regulations that may apply to such use. All special use permits shall meet the requirements of § 230-17, Landscaping.
The Planning Board shall require additional conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
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.
§ 230-43.1 Warehouses.
[Added 7-14-1998 by L.L. No. 1-1998]
A special permit may be granted by the Planning Board to permit warehouses in the GB General Business District. It is the purpose of this provision to provide opportunity for businesses located and operated within the Village of Millbrook, furthermore it is the specific purpose and intent of this section to protect and preserve property values and to maintain the character of the GB General Business District.
To help achieve these goals and promote objectives of the Village development plan, the issuance of a special permit and the granting of site development plan approval by the Planning Board shall be subject to the following restrictions:
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.
A special permit is required to create a self-service storage warehouse, subject to the following restrictions.
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.
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.
§ 230-44 Site plan procedure.
Purpose. The purpose of this section is to ensure that the site plan, architectural plans and the location and dimension of buildings shall be of such character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community and to avoid an adverse impact on adjacent land uses.
Applicability.
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.
Application procedures.
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:
A location map, at a convenient scale, showing the applicant's entire property and all easements and streets within 500 feet of the applicant's property.
The proposed location size, use and architectural design of all buildings and structures.
Any proposed division of buildings into units of separate occupancy.
Existing topography and proposed grade elevations at a contour interval of not more than five feet, unless otherwise specified by the Planning Board; soil types; designated wetlands; one-hundred-year floodplain areas; terrain with slopes in excess of 10%; and the location of all trees with a diameter greater than eight inches DBH.
The location and capacity or number of all existing and proposed roads, parking and truck loading areas, including access and egress drives.
The location of outdoor storage, if any.
The location, description and design of all existing and proposed site improvements, including pavement, walks, curbing, drains, culverts, retaining walls and fences, parks, open space and recreation facilities.
A description of the method of sewage disposal and location of such facilities.
A description and the location of all water supply facilities, including mains, hydrants and storage tanks.
The location, height, design and size of all signs.
Identification of proposed landscaping and buffer screening areas.
The location and design of lighting and communication facilities.
The location, type and design of all waste handling facilities.
The character and location of all power distribution and transmission lines.
The location and description of all subsurface site improvements and facilities.
Landscaping. Grading and landscaping plan.
Cut and fill. The extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads.
Stormwater retention. Adequate provisions for the handling of stormwater runoff; methods shall include retention, piping or channeling to existing drainage systems (all subject to approval by the Dutchess County Department of Health) during and after construction.
A signature block for Planning Board endorsement of approval, the applicant's name and address, North arrow, scale and date.
Additional information. At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of specific provisions of this chapter.
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.
Public hearing and action by Planning Board.
[Amended 2-14-2024 by L.L. No. 4-2024]
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.
Planning Board standards for site plan approval.
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:
They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.
They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.
Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of cars and pedestrians using the site, as well as those on neighboring properties and streets.
New structures will be sited and located to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation both on and off the site and the impact on solar access to adjacent uses and properties.
The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the maximum extent possible, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.
The proposed use, buildings and other structures, including outside storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to all of the requirements of this chapter, Chapter 201, Subdivision of Land, the Village Road Specifications and all other applicable Village laws.[2]
[2]
Editor's Note: The Road Specifications are available for inspection in the Village offices.
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.
§ 230-45 Environmental impact statements.
If a major impact is identified in the SEQR procedure, the Planning Board reserves the right to request an environmental impact statement. In addition to state requirements, this statement shall apply to all commercial, office and industrial developments on site of five acres or more and to all multifamily residential developments. The Planning Board may require the applicant, at his or her own expense, to furnish the basic components of an EIS, including:
A description of the existing environment, to include:
Physical environment:
Soils.
Topography.
Subsurface conditions.
Drainage.
Climatic conditions.
Vegetation and wildlife.
Land use.
Water supply.
Sewerage.
Transportation.
Air, noise and water quality condition.
Professional physical, geological and hydrological reports or other such reports deemed necessary by the Planning Board.
Social environment: community facilities, including schools, medical facilities, fire and police protection, recreation and cultural facilities.
A description of the proposed project, including the impacts of the project on the elements of the existing environment in Subsection A above. Such impacts should be discussed in terms of construction impacts, short-term impacts and long-term impacts. A discussion of the impact of the existing environment on project design should be included.
An analysis of alternative actions and their environmental impacts.
A description of unavoidable adverse environmental effects, including a discussion of actions to be taken to mitigate the negative effects of the project on the environment.