No more than one person not residing in the dwelling unit may be employed in the home occupation.

Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.

No materials or equipment used in the home occupation shall be stored or displayed outside the dwelling.

The floor area designed for and allotted to the home occupation shall not exceed 1,000 square feet of total floor area.

No more than two persons who are not residents of the dwelling unit shall be employed in the home occupation.

No materials or equipment used in the home occupation shall be stored or displayed outside the accessory structure.

Encourage farm operations, particularly in agricultural districts designated under Article 25-§ of the Agriculture and Markets Law, so as to promote production of food and other agricultural products on its agricultural lands and to preserve open space and the rural character of the Town; and

Not unreasonably restrict or regulate farm operations which are consistent with Subsection A(1) above, unless it can be shown that the public health or safety is threatened.

All farm operations within designated agricultural districts are permitted in any zoning district by right, subject only to the following standards:

Continuing activities directly related to farm operations, such as "pick your own" produce, mazes which are integrated with crop production or similar activities are permitted by right, subject to provision of adequate off-street parking areas for patrons.

Occasional commercial or educational uses oriented to or based on agricultural activities are also permitted by right. Each such use may take place no more than two times in any calendar year on land used for farm operations, for a period of up to two weeks each. Such uses may include agricultural fairs, demonstrations of agricultural activities or similar activities. Activities for a greater duration or which are expected to generate average daily attendance of 500 or more people shall only be permitted following issuance of a special use permit.

All farm operations other than those involving the keeping of livestock are permitted by right in any zoning district, subject to the following standards:

Commercial farm operations involving the keeping of livestock shall only be permitted in an A-2, A-3 or A-4 Zoning District, subject to issuance of a special permit and compliance with the following standards:

Noncommercial keeping of household pets, poultry or farm animals for 4-H or personal use are permitted in the A, R and B-2 Zoning Districts. No zoning permit shall be required. If a formal complaint has been filed with the CEO, compliance of the subject operation with the below listed criteria shall be presumed to satisfactorily resolve such complaint. Existing noncommercial keeping of chickens and horses shall be grandfathered upon the submission to the Assessor of a signed description of the use, including the type and number of animals, and features of the property relevant to the use, such as fences, coops, and setbacks. Photos and receipts are not required, but may be provided as additional information to support the grandfathered use. The property owner seeking to be grandfathered shall be given a date-stamped copy of the submission, the original of which shall be entered into the official record for the property. Any such submission for grandfathering must be received by the Assessor within 90 days after the effective date of the law.

Office, business, and commercial uses.

Industrial or industrial/business uses.

Public and semi-public uses.

Recreational uses.

Residential uses.

For uses that are legally permitted within the district in question but which are not specified above in this § 200-39: as established by the Zoning Board of Appeals.

Parallel curb parking. Five feet end-to-end with a twelve-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.

In any residential district, no open or enclosed parking area shall be located in any required front yard except for parking associated with an entrance driveway. Open parking areas are permitted in required side or rear yards if no closer than 10 feet to the property line.

In a business district, no parking area shall be located within five feet of a street or right-of-way line or within 20 feet of a residence district boundary.

All required parking spaces shall be provided on the same lot as the uses they serve, except that parking for a business use in a business district may be provided on an adjacent property if direct pedestrian access between properties is provided and the permanent availability of the parking to serve the use is ensured by appropriate guarantees.

For funeral homes: one berth for each chapel.

For hotels, motels and resort hotels, resort lodges, resort ranches: one berth for floor area in excess of 10,000 square feet.

For office, business, and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.

For manufacturing and permitted industrial uses: one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.

For other permitted nonresidential uses: one berth for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.

Prior to rezoning for light industrial purposes, the land must be located in either an R-1, A-2 or A-3 District.

The property to be designated as a Light Industrial District must have direct access to at least 200 feet of frontage on a New York State or Ulster County highway.

The property to be designated as a Light Industrial District shall have an area of at least 10 acres, exclusive of any easements which restrict use or any designated wetlands, flood hazard areas or lands with a slope of more than 15%.

Permitted uses:

Prohibited uses.

General standards. The following general standards are hereby adopted for the control of uses in any Light Industrial District, and no use shall be permitted, established, maintained or conducted therein which shall cause:

Specific standards. The following specific standards are hereby adopted and must be complied with, for and by any use in any Light Industrial District and before the same be permitted, established, maintained or conducted:

Proper and adequate water supply, sewerage and waste disposal, other utility services, and accessibility to and from public streets must be provided.

Special consideration must be given to the traffic generated by each proposed use in a Light Industrial District, and no undue traffic volume shall be permitted on residential streets. Such data is to be submitted with each petition for amendment.

Application for rezoning classification of a site shall be filed by the owner or several owners jointly, or the holder of a written option to purchase the site with the Town Clerk in writing in a form required by the Town Board, and shall be accompanied by a certified check in an amount as set from time to time by resolution of the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:

Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations prior to the public hearing. If the Planning Board fails to report within a period of 62 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.

The Town Board, by resolution, shall fix the time and place of the public hearing and at such hearing shall consider among other things the recommendations of the Planning Board and cause notice to be given as follows:

Permitted nonresidential uses, except places of worship, libraries, museums, social clubs or societies, and legal nonconforming nonresidential uses, home occupations or day nurseries may display signs pertaining to the use of property, having an aggregate total face area of not more than 32 square feet, and not projecting beyond the principal building of such use to which they are attached more than 12 inches, except that where such nonresidential uses are set back more than 30 feet from the property lines, one additional sign may be erected in the ground, provided that such ground sign shall not exceed 15 square feet in total face area, shall not exceed 12 feet in height, and such sign shall be no nearer than 10 feet to any property line or road, whichever requires the greater setback. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than 15 square feet per side, with no more than two sides.

Dwellings for five or more families may display nonilluminated signs identifying the premises, having an aggregate total face of not more than 12 square feet, and not projecting beyond the principal building on the lot more than 12 inches.

Any dwelling unit in a detached or attached structure may display one name plate or professional sign not exceeding six square feet in area.

Wall signs.

Projecting signs.

Freestanding signs.

Real estate signs which advertise the sale, rental, or lease of the premises upon which said signs are located, having an aggregate total face of not more than six square feet within any residential district and business district, or not more than 32 square feet within any Light Industrial District.

Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shall not exceed 24 square feet in area and which shall be located on the premises of such institutions.

One professional or business nameplate not exceeding two square feet in area for one professional or business establishment where such signs would not otherwise be a permitted use.

One sign denoting the architect, engineer and/or contractor when placed where work is under construction, and not exceeding 24 square feet in area.

Memorial signs, historical markers or tablets, names of buildings, and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material, not exceeding six square feet in area.

Traffic or other municipal signs, legal notices, and such temporary, emergency, or nonadvertising signs as may be authorized by the Town Board, or any sign or notice required by law.

A sign having an area of 35 square feet or less per side on a pole of 25 feet or less in height, of a gasoline service station, identifying such use on the premises.

Posting of notice to the public pertaining to but not limited to fishing or trespassing, provided each such sign does not exceed 1 1/2 square feet in area.

Any sign lighting shall be via an external light source oriented and shielded to avoid glare towards adjacent roadways and neighboring properties. Lights directed downward to the sign are preferred.

Internally lighted signs are prohibited.

Signs constructed of wood with painted, carved or mounted letters are preferred.

Illumination of signs shall not be of intermittent or varying intensity. No scrolling, revolving, neon or colored LED signs shall be allowed, except for inside signs which are not visible from the building exterior. Nonscrolling or nonflashing colored neon or LED signs are permitted in no more than two windows of a building and shall not occupy more than 20% of the area of said window.

Red, green and amber lights shall be prohibited on the exterior of any building or on any freestanding sign.

Sign permits.

Application. Application for a sign permit shall be made on a form designed for that purpose and provided by the Code Enforcement Officer and shall include:

Review.

That there shall not be any detrimental effect by the establishment of such use on other uses within the district.

That such use will be in harmony with the orderly development of the district and the location, nature and height of buildings, walls, fences, and parking areas will not discourage the appropriate development and use of adjacent lands.

That all structures, equipment and materials shall be reasonably accessible for fire and police protection.

That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section and including maximum height, required off-street parking and sign regulations and the following prescribed provisions.

Retail sale of produce grown on the same lot from a road stand.

Hospital, nursing home, convalescent home, sanitarium, institution or philanthropic use.

Hotel, resort hotel, resort lodge, resort ranch, restaurant, bar or night club, skating rink, theatre, concert hall, commercial recreation uses.

Camps.

Two-family dwelling, multifamily dwelling, bed-an-breakfast, boardinghouse, dormitory for housing college students.

Airports and flying fields. In addition to the standards specified in the Subsection C, Basis for deliberation, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings both in the Town of Marbletown and adjacent municipalities considering the location of buildings accessory to the airport or flying field, approach and take-off patterns and lights.

Public utility facilities such as electric or gas substations, transformer stations, water or sewage pumping stations, and similar structures; provided, however, that such term shall not mean, be, or include natural gas compression facilities or natural gas processing facilities.

Travel-trailer camps.

Excavation for soil mining. Excavation for the purpose of soil mining such as gravel pits, quarrying, or any subsoil removal shall be allowed only by special permit in A-2, A-3, A-4, and I-1 Districts, subject to § 200-31 of this article and the following provisions. Notwithstanding, property owners may utilize gravel, stone, quarrying, or use subsoil excavation on their own property for fill or leveling.

Gasoline filling station. In addition to complying with the provisions of § 200-46, gasoline filling stations shall comply with the provisions of § 200-41.

Commercial parking lots. In addition to complying with the provisions of § 200-46, commercial parking lots shall comply with the provisions of § 200-36.

Golf driving range, miniature golf range.

Horse race track.

Automobile repair.

Accessory apartments. Apartments accessory to the principal permitted residential use of a building are permitted in all districts, except the I-1 District, subject to a special use permit and the regulations and standards set forth below. It is the intent of this provision to expand affordable housing opportunities in the Town, particularly for small families and senior citizens, to allow more efficient use of existing large structures, to provide expanded economic return to enable older homeowners to maintain their home and to provide options for live-in help or health providers.

Certain uses which may be included as manufacturing uses in Groups 315, 316, 327 and 339 may be permitted in B-1 and B-2 Districts. The intent of this provision is to permit the establishment of craft shops, including but not limited to furniture making, pottery and glass making, leather crafting, jewelry making and similar uses. Such uses will be permitted subject to the following conditions:

Standards for large-scale solar systems as a special use.

Existing buildings.

New buildings.

Type of subdivision allowed. The type of subdivision permitted in each district is set forth in the following table:

Number of lots or dwelling units in conservation or average density subdivisions. The maximum permitted number of lots or dwelling units within a conservation or an average density subdivision shall not exceed the number that would be achieved if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district in which the land is situated, which shall be computed as follows:

Lot size and open space standards for conservation subdivisions. Conservation subdivisions are permitted in all residential districts in accord with the following standards:

Subdivisions of 20 lots or more shall be subject to the following additional requirements in addition to those set forth in Subsection B(3) above:

Standards for average density subdivisions. Wherever average density subdivisions are permitted, the following standards shall apply to an average density subdivision:

Special provisions for minor subdivisions in the R-1 and A-2 Districts. Minor subdivisions in the R-1 and A-2 Districts may be developed at the density applicable prior to the effective date of this section (one acre in the R-1 and two acres in the A-2 District) if at least 25% of the gross area of the tract is set aside as protected open space and the design guidelines set forth in Appendix B[5] are followed.

Waivers needed for conventional subdivisions. Conventional subdivisions (other than minor subdivisions) which are not consistent with the standards of the Conservation Design Overlay District shall be allowed only upon issuance of a waiver of every requirement for conservation subdivisions, including those requirements set forth in the design guidelines, by the Planning Board, with a vote of a majority plus one of all members, subject to the following criteria: The applicant must make a compelling case, detailing exactly how and why the proposed layout better fulfills the policies and goals of the Marbletown Comprehensive Plan, compared with a conservation design for the property, which shall also be submitted, particularly with respect to the protection of productive farmland, wildlife habitat (including meadows and woodlands), surface and groundwater supplies, scenic viewsheds and rural character. The applicant must also demonstrate that each requirement to be waived is not necessary to further public health, safety and general welfare concerns. These criteria are in addition to the requirements an applicant must satisfy for conventional subdivisions set forth in this Zoning Law and the Town's Subdivision Regulations.

To preserve the character and appearance of the Town while simultaneously allowing adequate telecommunications service to be developed, and provide a sufficient number of locations to accommodate the needs of telecommunications service providers;

To protect the scenic, historic, environmental, and natural or man-made resources of the community;

To provide standards and requirements for regulation, placement, construction, monitoring, design, modification, and removal of commercial telecommunications service facilities;

To establish a systematic review process that ensures action within a reasonable period of time for requests for authorization to place, construct, operate, or modify CTS facilities;

To preserve property values;

To minimize the total number and height of facilities throughout the community while providing adequate coverage for the Town of Marbletown;

To locate CTS facilities so that they do not have negative impacts on the general safety, welfare and quality of life of the community due to such factors as, but not limited to, attractive nuisance, noise and falling objects;

To require owners or sponsors of CTS facilities to configure them so as to minimize and mitigate the adverse visual impact of the facility;

To encourage sharing and the clustering of CTS facilities where possible and consistent with the design guidelines established herein.

Class A facilities: facilities that are incorporated into the design of existing structures such as church steeples, farm silos, water towers, etc., or added to such structure, so that the CTS facility is indistinguishable from the structure itself.

Class B facilities:

Class C facilities: facilities other than Class A or B facilities that conform to the design standards set forth below. Class C facilities shall be considered Type I actions for purposes of review under the State Environmental Quality Review Act (Environmental Conservation Law, Article 8, 6 NYCCR Part 617).

Class A facilities. Class A facilities may be erected upon approval of a building permit and submission of the following documentation to the Code Enforcement Officer: type of antennas, antenna gain, output frequency, number of channels, predicted coverage propagation plots indicating the signal level depicted and effective radiated power per channel.

Special use permit. No Class B or Class C CTS facilities shall be erected, reconstructed, altered, installed or moved unless a special use permit has been granted by the Zoning Board of Appeals, as provided in § 200-75, in accordance with the provisions of this section.

Application. The applicant for a Class B or Class C facility shall submit an application as required by the Zoning Board of Appeals plus a site plan as specified in § 200-68E. In addition to other required information the site plan shall show all existing and proposed structures and improvements, including roads, buildings, facility(ies), guy wire anchors, parking and landscaping, and shall include grading plans for new facilities and roads.

Supporting documentation. In addition to the site plan, the applicant shall also submit the following:

Review consultants. The Zoning Board of Appeals may request a review of the application by a qualified independent structural and/or telecommunications engineer, attorney and planner for evaluation of the need for, height and design of any new facility, including its ability to accommodate future shared use. The reasonable and necessary cost of such review shall be audited by the Zoning Board of Appeals and subject to review by the Town Board and be borne by the applicant.

Design policies. The standards set forth below are intended to implement the following policies regarding location and design of CTS facilities:

Exempted telecommunications service facilities. This section specifically exempts the following wireless telecommunications service facilities: police, fire, ambulance and other emergency dispatch; and amateur (ham) radio dispatch services for local businesses. A CTS facility shall not be considered exempt from this section because said facility is proposed to share a facility or other structure with such exempt uses.

Location standards.

Design standards.

Shared use of existing facilities. An applicant shall be required to present an adequate report inventorying existing communications towers and other tall structures within five miles of the proposed site and outlining opportunities for shared use of such facilities as an alternative to a proposed new Class C commercial telecommunications service facility.

Shared usage of site with new facility. Where shared usage of an existing facility is found to be impractical, the applicant shall investigate and report to the Zoning Board of Appeals concerning shared usage of an existing facility site for its ability to accommodate a new facility and accessory uses. Any new CTS facility approved for an existing facility site shall be subject to the standards set forth herein.

New facility at a new location. The Zoning Board of Appeals may consider a new CTS facility on a site not previously developed with an existing facility when the applicant demonstrates that shared usage of an existing facility site is infeasible, and submits a report as described in Subsection D(5)(b) and D(6) above.

Future shared usage of new facility. Unless proven to be infeasible, the applicant must design a proposed CTS facility to accommodate future demand for similar facilities which comply with the design standards set forth herein.

Visual impact assessment. The Zoning Board of Appeals may require the applicant to undertake a visual impact assessment of any proposed new Class B or Class C facilities or any proposed modifications of an existing facility. The ZBA shall utilize the relevant techniques and criteria below that it determines to be appropriate to evaluate the visual impact of the proposed facility. In its review of the visual impact assessment, the Zoning Board of Appeals shall consider, among other impacts, the visibility of the facility above nearby ridgelines, its height in relation to the tree crown in the surrounding area, its color and materials in relation to those of nearby structures and other factors which contribute to or detract from the harmony of the visual environment.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place within a period beginning six months prior to submission of an application for a special permit and ending upon the approval of the special use permit. Clearcutting of all trees in a single contiguous area exceeding 10,000 square feet shall be prohibited, and no trees shall be removed within a natural vegetated buffer to be maintained around the entire perimeter of the site with a minimum width of 50 feet, except for the access drive. Methods to control vegetation growth at the completed site shall be specified for approval.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the facility and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required where necessary to supplement existing vegetation. For all facilities, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the facility base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

Parking. Parking shall be provided in accordance with § 200-39. No parking space shall be located in any required yard.

Safety. The applicant shall be wholly responsible for ensuring that the telecommunications service facility site and all structures situated thereon are safe and secure for all purposes, uses and activities.

Removal of facilities.

Insurance. Comprehensive general public liability insurance protecting against casualty and loss shall be obtained by the project sponsor or facility owner at the time the special use permit is approved by the Zoning Board of Appeals. The policy shall be obtained from an insurance company duly licensed to do business in New York. Said policy shall cover all occurrences and casualty loss and shall be in the amount of a minimum of $1,000,000 per occurrence. A certificate of insurance shall be tendered to the Zoning Board of Appeals at the time of final special use permit approval naming the Town of Marbletown, its successors and assigns as loss payee and additional insured. Said insurance coverage shall be maintained, with written proof thereof being provided to the Town of Marbletown, its successors and assigns on a yearly basis for the period of time the CTS facility is in existence. The form, sufficiency and terms of the insurance coverage aforesaid shall be subject to the approval of the Municipal Attorney for the Town of Marbletown.

Structural inspection.

Modifications.

Monitoring and evaluation of compliance:

Maintenance. All structural and nonstructural elements of the site, including towers, accessory structures, landscaping and stealth design features, shall be maintained in the condition on which the original special permit was based.

That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of Marbletown; and

That the applicant is not able to use existing facilities or sites to provide adequate coverage and/or adequate capacity to the Town of Marbletown; and

That the applicant has agreed to rent or lease available space on the facility, under the terms of a fair-market lease, without discrimination to other telecommunications service providers; and

That height and design of the proposed telecommunications service facility minimizes visibility of the facility and will not have a significant adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and

That the proposed telecommunications service facility shall comply with all FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be wholly paid for by the applicant.

All large-scale solar energy system installations shall be performed by a qualified solar installer. Small-scale solar energy systems may be installed by any party capable of meeting code requirements for the completed installation in the judgment of the building inspector.

Solar energy systems shall meet New York's Uniform Fire Prevention and Building Code and National Electrical Code standard as adopted by New York State.

A plan showing location of major components of solar system and other equipment on the proposed site. This plan should represent relative location of components on site, including, but not limited to, racking or structure, inverter(s), new electrical panels, switches and protective equipment, new private and utility meters, new wiring and the point of common coupling (PCC) to the load serving entity (LSE), existing electrical service location, utility meter. A basic description of system orientation and tilt angle shall be provided. This plan shall show access and pathways that are compliant with New York State Fire Code, if applicable.

Specification sheets for all solar-specific manufactured components.

All diagrams and plans must include the following:

No less than 30 days prior to operation, a copy of a signed "standard interconnection requirements" contract between the permit holder, installer or system owner and the load serving entity must be provided to the Town Building Department.

Applicability.

Roof-mounted solar energy systems.

Ground-mounted solar energy systems.

No separate application for approval under this section is required.

In addition to data and plans required to be submitted for site plan approval or special permit approval, every applicant shall also submit the additional data or plans necessary to comply with the guidelines set forth in Appendix A.

Prior to approval of a site plan or special permit subject to the provisions of this section, the reviewing board shall make a determination that the proposed action complies with the Design Standards and Guidelines for Business Districts set forth in Appendix A to this chapter and set forth such finding in its resolution of approval.

Findings. The Town Board hereby finds that certain businesses categorized as "adult uses" by their nature have serious, objectionable characteristics related to their operation which can lead to a significant deleterious impact on the surrounding community. The Board further finds that the unrestrained proliferation and/or concentration of such businesses is inconsistent with existing development and future plans for the Town of Marbletown in that they often result in influences on the community which increase the crime rate and undermine the economic, cultural, and social welfare of the community. The deleterious effects of these businesses change the economic, social and cultural character of the existing community and adversely affect existing businesses and community and family life. These findings are based on studies and findings regarding such uses which have been undertaken by and incorporated in legislation enacted by other communities, including the City of Kingston and Town of Islip, New York; Austin, Texas; Indianapolis, Indiana; and Los Angeles, California, as well as the opinions expressed by local residents and business owners. The Town Board further finds that the Town of Marbletown is particularly vulnerable to the effects of adult businesses since it is a rural community containing several historic hamlets and a County Community College. The Town's resources would be severely strained if called upon to address the potential increased demand for crime prevention, degradation of the community's unique and fragile retail area, the potential decline in property values and overall quality of the community that the proliferation of such uses could dangerously affect. The Town Board further finds that adult uses are commercial uses which are appropriately located in business districts. The Town has two types of business districts. The B-1 District is located at the center of the two historic hamlets (Stone Ridge and High Falls) which are listed on the National Register of Historic Places and include other local business uses and are in close proximity to surrounding residences. The B-2 Districts are of limited area and located in more isolated areas on the Town's main highways, although they also include other businesses and are near residences. Of the Town's total area of 35,136 acres, a total of only approximately 300 acres (0.8%) are divided into seven small individual business districts. This situation makes it very difficult to establish appropriate locations for the full array of possible adult uses in a manner which will not alter the character of the business district or generate adverse impacts on nearby residences. Therefore, the Town Board has determined that there are no appropriate locations for adult uses that provide on-site entertainment and the assemblage of crowds and attendant noise and traffic. However, some sites in the B-2 District are appropriate for adult uses which offer goods or services for use off-site, if conducted in accordance with standards to protect nearby uses.

Purpose. The purpose of this section is to prevent the unrestricted proliferation of adult businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community by enacting criteria for the establishment of adult business uses in the Town.

Adult bookstores, as defined in Subsection B above, shall only be permitted in the B-2 District, upon issuance of a special permit in accordance with § 200-75, and subject to the standards set forth in Subsection D below. No other adult use shall be permitted.

Any special permit issued under this section shall be subject to renewal annually by the Zoning Board of Appeals in the month in which the original permit was issued. Such renewal shall only be granted upon a determination by the Board that all requirements of this section and specific conditions of approval are being complied with and that no factors which would have affected the original approval have changed.

Adult bookstores permitted in the B-2 District are subject to the following standards and all other relevant requirements of this chapter:

No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from the exterior of the building in which the use is located. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

Loudspeakers or similar audio equipment used to describe or discuss specified anatomical areas or sexual activities shall not be audible from the exterior of the building in which it is located.

Required proportion of affordable units. In any development where affordable housing is required, at least 10% of the housing units shall be designated as affordable in accord with the definitions and standards contained herein. Such units shall not be counted in determination of the permitted number of lots allowed on a site.

Standards.

The housing plan shall include procedures and regulations regarding the following:

The housing plan shall be approved by the Town Board prior to approval of any site plan, subdivision or special permit for which a housing plan is required.

The Planning Board shall include mention of such housing plan in the notice of any required public hearing on the application.

As part of any approval of the housing plan, the Town Board may require modifications to such housing plan to further the intent of this section.

Accept and review applications;

Maintain eligibility list and annually certify and recertify applicants;

Establish lottery procedures for selecting applicants;

Assist the Town Board and Planning Board in determining and reviewing applications to build affordable units;

Recommend annual maximum income limits, rental prices and resale values;

Review certification from owner and lessors of rental units certifying that units are occupied by eligible families;

Maintain lists of all affordable units in the Town;

Review all deed restrictions for affordable units;

Review all lease terms for affordable units; and

Promulgate rules and regulations as necessary.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications herein and in Chapter 167, Stormwater Management and Erosion and Sediment Control, of the Town of Marbletown Code.

Contents of stormwater pollution prevention plans

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Technical standards. For the purpose of this section,[2] the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:[3]

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 200-53B(1) and the SWPPP shall be prepared by a licensed professional.

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Maintenance and inspection during construction.

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Marbletown to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section.[5] The easement shall be recorded by the grantor in the office of the Ulster County Clerk after approval by the legal counsel for the Town of Marbletown.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section[6] shall ensure they are operated and maintained to achieve the goals of this section.[7] Proper operation and maintenance also includes as a minimum, the following:

Maintenance agreements. The applicable reviewing board within the Town of Marbletown shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this section, entitled "Sample Stormwater Control Facility Maintenance Agreement."[9] The Town of Marbletown, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section[10] and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.