Marlborough City Zoning Code
CHAPTER 155
Zoning
[Amended 8-22-1994 by L.L. No. 2-1994; 5-11-1998; 9-28-1998 by L.L. No. 3-1998; 10-9-2001 by L.L. No. 4-2001; 9-14-2009 by L.L. No. 6-2009]
Attachment 2 - Schedule I, Lot, Yard and Height Regulations
Attachment 3 - Table 1 Signs Exempt from Permit Requirement
Attachment 4 - Table 2 Signs Requiring a Permit in the R District, R-1 District, and R-Ag-1 District
Attachment 5 - Table 3 Signs Requiring a Permit in the Approved BC District, HD District, and I Districts
Attachment 6 - Table 4 Signs Requiring a Permit in the C-1 and C-2 Districts
§ 155-1 Terms defined.
[Amended 12-13-1993 by L.L. No. 4-1993; 7-11-1994 by L.L. No. 1-1994; 8-22-1994 by L.L. No. 2-1994; 11-13-1995 by L.L. No. 5-1995; 4-8-1996 by L.L. No. 2-1996; 3-8-1999 by L.L. No. 1-1999; 9-14-2009 by L.L. No. 6-2009; 7-12-2010 by L.L. No. 4-2010; 5-9-2011 by L.L. No. 3-2011; 5-22-2017 by L.L. No. 5-2017; 4-12-2021 by L.L. No. 2-2021; 4-11-2022 by L.L. No. 2-2022; 9-26-2022 by L.L. No. 8-2022; 2-26-2024 by L.L. No. 1-2024; 2-24-2025 by L.L. No. 1-2025]
As used in this article, the following terms shall have the meanings indicated:
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
A measure of land area equal to 43,560 square feet.
The land and on-farm buildings, equipment, processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise. Active agricultural farmland may consist of one or more parcels of owned or rented land, which parcels may be contiguous to or noncontiguous to each other. "Active agricultural farmland" means land used in agricultural production during the preceding two years for the production for sale of crops, livestock and/or livestock products, as those terms are used within this state's Agriculture and Markets Law.
Any establishment run by a person, firm, corporation, association, club or other organization to operate a public or private business serving food and/or beverages in the Town of Marlborough 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, which establishment is not customarily open to the public, but excludes minors by reason of age.
A building or portion thereof containing three or more apartments or owner-occupied dwelling units. Tenants or owner-occupants shall each be 50 years of age or over, except that only one spouse of an occupying married couple must be 50 years of age or older.
A dwelling unit available at a cost of no more than 30% of the gross household income of households at or below 80% of the Kingston-NY MSA median family income as reported by the United States Department of Housing and Urban Development.
A residential cluster development of 20 or more residential units which meets specific conditions and the definitions of affordable housing and senior citizens housing as set forth in this chapter.
The cultivation of the soil for food products, tree crops or other useful or valuable growths of the field or garden; and dairying and poultry and livestock raising.
A change or rearrangement of the structural components of a building or structure resulting in a change in the exterior dimensions of said building or structure.
A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and affixed directly to the motor vehicle and where minor repair service is rendered.
An open area for the display, sale or rental of motorized or mechanical equipment, including new or used motor vehicles, trucks and farm equipment or mobile homes in operable condition.
An owner-occupied dwelling allowing overnight accommodations in residential structures which takes place only in owner-occupied structures in which at least one room and not more than five rooms are offered for rent for transient occupancy. Use is allowable for up to five bedrooms within the owner-occupied structure, excluding the primary owner's main living quarters. Meals may be served to guests of the business. Use is subject to site plan review by the Planning Board. Each owner of a bed-and-breakfast overnight accommodation must obtain an annual operating permit from the Building Department and must pay any related permitting or inspection fees established by the Town. These fees, from time to time, may be updated and changed during the Town Board annual reorganization meeting.
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
A structure, such as a barn, packinghouse or cooler, used previously for an accessory agricultural purpose, which purpose is no longer economically viable. Such building may be recycled, i.e., converted to a permitted, accessory or special permit use in the zoning district of its location subject to its meeting standards set forth elsewhere in this chapter. To be classified as "recyclable," such building shall have a minimum floor area of 2,500 square feet; have served its prior use for a minimum of 10 years; be certified for appropriateness for its proposed use by the Building Inspector; and receive site plan and environmental review approval from the Planning Board.
Any parcel of land, with or without accommodations for temporary living purposes, but containing two or more paved or unpaved areas to be used for the parking of travel trailers, the erection of a tent or the accommodation of other forms of temporary, portable or movable shelter.
As used herein, cannabis shall have the same definition as that found in New York Cannabis Law (Chapter 7-A of the Consolidated Laws of New York) in § 3 thereof. Cannabis may also be referred to as "marijuana" or "marihuana."
A single physical location where a licensed cannabis retailer engages in the retail of cannabis, any other type of licensed cannabis-related business, or any combination thereof.
A single location where an entity or individual is licensed by the New York State Office of Cannabis Management to allow for the on-site consumption of cannabis products on the premises. A "cannabis on-site consumption establishment" does not include a cannabis retail dispensary.
Cannabis, concentrated cannabis, and cannabis-infused products, and includes made or manufactured products that contain either cannabis or concentrated cannabis and other ingredients and are intended for personal use or consumption.
An establishment that is licensed by the New York State Office of Cannabis Management to sell or otherwise distribute cannabis products directly to consumers for use off the premises. A cannabis retail dispensary may be licensed to operate as an adult-use cannabis retail dispensary or as a medical cannabis dispensary, or both. A "cannabis retail dispensary" does not include a cannabis on-site consumption establishment.
A cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to registered practitioners, certified patients, or designated caregivers for medical use in accordance with Title 5-A of Article 33 of the New York Public Health Law and Article 3 of the New York Cannabis Law.
A cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to consumers for nonmedical use in accordance with Article 4 of the New York Cannabis Law.
A burial place or ground for humans.
Two or more retail establishments totaling no more than 30,000 square feet of rentable commercial space and sharing certain facilities, such as parking, public utilities and open space.
A building owned or operated by a certified nonprofit, nondenominational organization for assembly by its members.
A unit of sound pressure level.
The number of dwelling units or commercial or other nonresidential units per square foot or acre of lot area.
The number of dwelling units or commercial or other nonresidential units divided by the number of square feet or acres of a building lot or tract.
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home or trailer.
A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
A building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
A dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school or conduct other principal activities.
A dwelling unit in a multiple dwelling consisting of a row of three or more attached dwelling units wherein each unit is intended for single-family occupancy. Each unit shall share a common wall with one or more other units and shall not share a common floor or ceiling. Ownership of the townhouse dwelling shall include the land on which the unit is placed.
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
Public, parochial or private elementary or secondary schools and higher education, duly licensed by the State of New York, attendance at which is a sufficient compliance with the compulsory attendance requirements of the state.
The erection, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health and safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squads and CATV, whether provided by a municipal or a private agency.
One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit.
Any parcel of land of 10 acres or more used principally in the raising or production of agricultural products and the necessary or usual dwellings, farm structures, storage and equipment.
The most-current official map for the Town prepared by the Flood Insurance Administration and on which are designated the boundaries of the one-hundred-year floodplain, the five-hundred-year floodplain and the regulatory floodway.
All land adjoining a watercourse which is likely to flood once every 100 years, as shown on the most current and official map for the Town prepared by the Flood Insurance Administration.
The sum of the gross horizontal areas of the floors of a building measured from the interior faces of the exterior walls.
A building or part thereof used and occupied by a professional licensed mortician for burial preparation and funeral services.
A detached accessory structure or portion of a principal building used to satisfy the off-street parking requirements of on-site uses as set forth in this chapter.
A building used for the storage, repair, including body work, and/or servicing of motor vehicles, but not including the storing, holding or displaying of the same for sale or resale.
A landing pad for a helicopter, which pad meets the conditions set forth in this chapter, as well as the applicable regulations of § 249 of the General Business Law and those of any other public agency having jurisdiction.
Any business or professional use customarily conducted entirely within a dwelling, provided that such use is carried on by the owner of the dwelling, is clearly incidental and secondary to the use of the dwelling and does not significantly change the character of the dwelling or neighborhood.
A building or any part thereof which contains living and sleeping accommodations hired out for compensation for 20 or more persons, has a common exterior entrance or entrances and contains one or more dining rooms.
The principal structure used by a religious society or congregation, incorporated pursuant to the provisions of the laws of the State of New York, for public worship, ritual and ceremony.
An institution or organization which may or may not be licensed or accredited as a school by the State of New York, which provides for the teaching of any skill or body of knowledge independent of a general curriculum of studies. An "instructional use" is to be distinguished from an educational use and from tutoring.
Vehicles which do not have a current and/or valid New York State Department of Motor Vehicles Registration. Vehicles typically used for farming are exempt from this definition. No more than one junk car/unregistered vehicle shall be allowed per lot unless otherwise permitted under local law.
Consists of buildings, structures or premises where junk, waste or discarded or salvage materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
Any enclosure, premises, building, structure, lot or area in or on which more than four dogs of at least six months of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of 24 hours or more.
A municipally owned and operated site which uses an engineered method of solid waste disposal on land in a manner that protects the environment: waste is spread in thin layers, compacted to the smallest possible practical volume and covered with soil at the end of each working day.
Activities generally limited to the assembly, processing, storage and distribution of goods and materials manufactured elsewhere from raw materials.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135º. The point of intersection of the street lot lines is the "corner."
The mean horizontal distance between the front and rear lot lines.
The property lines bounding the lot.
The line separating the lot from the street. Where there is no road along any lot line, the "front lot line" will be a lot line which abuts a street.
The lot line opposite and most distant from the front lot line.
Any lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
A lot line separating the lot from a street or alley.
The computed area of a lot contained within the lot lines and measured in square feet or acres.
The distance between the two side lot lines measured parallel to the front lot line at the required setback line or the actual building line chosen by the owner.
The percentage of the area of a lot covered by the area of the foundation of a building or buildings; includes building coverage.
Those areas in the Hamlet of Marlboro included in the C-1 Commercial District, on Tax Map Sheets 108.012 and 108.004.
Those areas in the Hamlet of Milton on the current tax maps at the time of adoption of this regulation located east of State Route 9W, west of Maple Avenue, west of Watson Avenue and south of Church Street, including all lots in Tax Map Sections 103.009 and 103.001 Block 3.
The excavation, removal, handling and processing of stone, sand gravel, clay, earth or other surface or subsurface material extracted from the premises, including the transportation, storage, crushing, grinding, pulverizing or mixing of the extracted raw materials and all uses and operations accessory thereto.
Any structure 14 feet wide or less, adaptable to be moved by a power connected thereto, and so designed as to permit occupancy thereof for dwelling or sleeping purposes or for the conduct of any business, profession, occupation or trade and provided with any combination of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. Such structure shall have a steel frame attached to the underside and may or may not have axles and wheels attached to such frame. Such "mobile home" or "house trailer" shall be in conformity with the New York State Code for the Construction of Mobile Homes, March 13, 1974, as amended, and such certificates of the United States Department of Housing and Urban Development as may supersede such code.
Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
Any area of land upon which mobile or modular homes are placed for the sole purpose of display or sale.
Motorized vehicle or portable stand, stationed in one location for more than 30 minutes, with facilities for storage and sale of retail goods, food and drink or other commodities.
A factory-fabricated, transportable building designed for placement on a permanent in-ground foundation for use as a dwelling.
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use primarily by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor inn," "motor lodge," "tourist court," "tourist cabin" or "roadside hotel."
A retail business establishment of not more than 1,500 square feet.
The gross acreage of a proposed development site less the acreage of lands rated as wetlands, slopes in excess of 25%, floodplains, water bodies, and lands that are otherwise restricted from development, such as by a utility easement.
A measure of the number of allowed dwelling units per unit of area. It shall be expressed in dwelling units per acre. The measure is arrived at by dividing the number of allowed dwelling units by the net buildable area.
One which does not conform to the height, yard, building coverage, parking or other dimensional requirements of this chapter and which existed lawfully, whether by variance or otherwise, on the date this chapter or any amendment hereto became effective, and which fails to conform to one or more of the provisions of this chapter or such amendment hereto.
Any use of a building, structure or tract of land which existed lawfully, whether by variance or otherwise, on the date this chapter or any amendment hereto became effective and which fails to conform to one or more of the provisions of this chapter or such amendment hereto.
A place where young trees or plants are raised for transporting or sale.
A place or structure where young trees or other plants are raised for the personal use of the owner of the place or structure. If a freestanding structure or extension to the principal building, it is to be reviewed as an accessory building.
A person who, or an entity which, either independently or jointly, owns and possesses a right to convey fee title to the property.
Those services involving the care of the person or his apparel, such as laundries, cleaning and dyeing establishments, barber- and beauty shops and cleaning and pressing shops.
A farm, the major occupation of which is the raising of poultry, wherein there is more than one square foot of ground floor area per bird in those structures housing the poultry.
The office of an accountant, architect, attorney, dentist, engineer, physician or similar licensed activity, whether in a single-family house as a home occupation or in a commercial office building.
A building owned or leased by the Town of Marlborough or a local, county, state or federal agency for public purposes.
Water or sewerage systems administered by the Town of Marlborough within a duly established water or sewer district.
A recreation facility operated as a business which does not generate sound levels in excess of 65 decibels at the property line, meets all lot and setback requirements, provides adequate on-site parking and is open to the public for a fee.
An area to be developed as a single entity according to a plan containing common or public open space as an appurtenance to residential housing units within the entity. While the residential units may be placed on lots of smaller area than those permitted within the zoning district or have setbacks of smaller size, the average residential density of the complete development, expressed in dwelling units per acre, shall not exceed the density permitted in that district for noncluster development.
An area of land on which is located a hotel or group of buildings containing living and sleeping accommodations for 20 or more persons hired out for compensation and which has a public lobby serving guests and contains one or more dining rooms and recreation facilities.
A structure where food and/or nonalcoholic beverages are prepared and sold ready for consumption and in which packaging practices, service and external layout serve the convenience of customers who arrive at the site primarily by automobile and who may consume such food and/or beverages on the premises, either inside or outside the structure.
An accessory structure situated on an operating farm and offering for sale between the months of May and November agricultural products, a majority of which have been produced on the premises.
A dwelling unit occupied by a resident-owner or agent thereof and his family and from whom four or more tenants rent sleeping space without provision for meals. The definition includes a lodging house, but does not include a hotel, motel, boardinghouse or other lodging arrangement for transients.
A use engaged in for a period of six consecutive months or less.
Dwelling units within which residency shall be restricted to a permanent resident aged 55 years or more or a permanent resident advanced in age who requires the services of a live-in aid.
A restriction placed upon the use of land referring to the distance a structure must be situated from a lot line. The setback line shall be parallel to the lot line from which it is measured. In the case of a cul-de-sac, the front setback line shall be established parallel to a chord connecting the two points of intersection of the side lot line with the arc representing the cul-de-sac right-of-way line, i.e., the front lot line. Setback distances shall be measured perpendicular to the chord described above. In the case where rights-of-way or easements border the property line, the setback distance shall be determined by measurement from the edge of the right-of-way or easement nearest to the structure in question.
A group of stores, shops and similar establishments occupying adjoining structures, all of which may be deemed one building if designed as an architectural unit and if it has adequate space for customer parking and for loading and unloading commodities.[1]
The rental by a tenant of all or part of a furnished, self-contained detached dwelling unit for a period of 30 days or less ( the "short-term rental unit"), fee title to which is owned by the person who i) owns the fee title to and ii) owns a dwelling unit which is next door to or directly across the street from the short-term rental unit as his or her primary residence ( the "owner"). An owner shall not own or have an ownership interest in more than two short-term rental units within the Town of Marlborough.
A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board, as specified in Article VII, before it may be permitted in the district enumerated in Article IV. In accordance with the provisions of this chapter, the Planning Board may require certain conditions and safeguards before such a use is permitted or expanded.
An authorization of a particular land use – the special use – which is permissible within a given zoning district but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter. Both general and specific conditions have been established for special uses to ensure that such use is in harmony with this chapter and the Town of Marlborough Comprehensive Plan and will not adversely affect the neighborhood if such requirements are met.
A right-of-way for vehicular traffic, including road, avenue, lane, highway or other way which is an existing public way, or a way shown upon a subdivision plat approved by the Town Planning Board, as provided by law.
A combination of materials assembled, constructed or erected at a fixed location, including, for example, a building, swimming pool and stationary and portable carports, the use of which requires location on the ground or attachment to something having location on the ground.
As defined in Chapter 134, Subdivision of Land.
A container in use for dry or liquid storage not affixed to a permanent foundation and resting on wheels, skids or other device facilitating movability. Such container shall be considered an accessory building requiring a permit from the Building Inspector when the liquid storage volume is 1,000 gallons or greater and, for dry storage, 144 cubic feet or greater.
The person duly designated as engineer of the Town on a permanent or consulting basis.
A movable unit designed for short-term occupancy and frequent travel, equipped with a chassis, but lacking one or all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.
When practiced as a home occupation, the instruction by one person of up to five persons at one time in a skill or field of knowledge.
The general area required and suitable for the normal and reasonable development of a building site to permit the provision of water supply and sewerage facilities to serve the area for proposed occupancy in accordance with the provisions of local ordinances, watershed rules and regulations and the requirements of the County Health Department or other provision regulating land use.
A usable area shall not be deemed to include any area occupied by any existing building, structure, lake, stream, pond or swamp areas of exposed or underlying rock or groundwater within five feet of the surface or marginal areas subject to flooding or along streams or other bodies of water.
The area intended for sewerage systems shall be well-drained by natural or artificial means.
The Building Inspector may require to be shown such usable area as he may deem necessary for any other type of land usage, other than single-family occupancy, indicated on the plan and permitted under existing zoning laws.
The usable area shall include a protective area not less than 10 feet in width laterally on all sides of the separate sewerage system and such other protective area between any separate sewerage system and any water supply line or drainage, watercourse or other hazardous condition as the Department shall deem necessary or adequate.
As applied to separate sewerage systems, the usable area shall contain a suitable absorptive area for a depth of not less than four feet below proposed leaching devices. Where placement of soils is made in sewage leaching areas, the existing surface soils may not be displaced over clay or rock.
An unenclosed portion of the ground area of a lot or tract of land containing a residential cluster subdivision which is not assigned for driveways or parking areas, is free from structures of any kind and is accessible to all occupants of the building or buildings on said lot or tract for purposes of active or passive outdoor recreation.
The principal purpose for which a lot or the principal building thereon is designated to be occupied, maintained or used.
An enclosed building used for the commercial storage of materials.
Any area that, in a normal year, has water flowing or standing above ground to the extent that evidence of an ordinary high-water mark is established.
The taking of water from on-site subsurface surfaces for collection, transportation and sale.
An area of land that is characterized by hydrophytic vegetation, saturated soils or periodic inundation, as delineated by the New York State Department of Environmental Conservation or the United States Army Corp of Engineers.
An adjacent area of 100 feet around a wetland area of land as delineated by the New York State Department of Environmental Conservation.
An agricultural land use that includes the growing of fruit used in making wine, the importation of fruit and fruit juices to make wine and the process to make wine and the distillation process to make spirits from wine.
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: The former definitions of “sign,” “sign area,” and “sign, directory,” which immediately followed this definition, were repealed 5-22-2017 by L.L. No. 5-2017.
§ 155-2 Word usage.
In the interpretation and construction of this chapter:
Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular.
The word "structure" shall include the word "building."
The work "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used."
The word "shall" is mandatory and not optional.
§ 155-3 Scope.
This chapter is adopted to limit and restrict to specified districts or zones and to regulate therein buildings and structures according to their construction and the nature and extent of their use and the nature and uses of land in the Town of Marlborough, in the County of Ulster, and to provide for the administration and enforcement of provisions herein contained and to fix penalties for violations thereof.
§ 155-4 Short title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Marlborough, New York."
§ 155-5 General intent; statutory authority.
This intent of this chapter is to establish a precise and detailed plan for the use of land in the Town of Marlborough based on the Comprehensive Plan, as it may be amended, and other studies and findings. This chapter is enacted pursuant to the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, to protect and promote public health, safety, morals, comfort and convenience and the general welfare of the people.
§ 155-6 Purpose.
Such regulations are deemed necessary to further the advancement of the Town as a social, economic and political unit, to promote the general welfare and to achieve the following purposes:
Promote orderly development: to protect the character and maintain the stability of residential, business and agricultural areas and to secure and protect open space and recreation areas within the Town and to promote the orderly and beneficial development of the Town.
Limit congestion on streets: to limit congestion in the public streets and to protect the public health, safety and convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
Protect against hazards: to provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety and comfort and the general welfare.
Regulate intensity of use: to regulate the intensity of use of zoning lots, to determine the area of open spaces surrounding buildings, which spaces shall be necessary to provide adequate light and air, privacy, convenience and access to property, and to protect the public health.
Regulate location of buildings: to establish building lines and the location of buildings designed for residential, commercial, manufacturing or other uses within such lines.
Establish standards of development and encourage good aesthetics: to fix reasonable standards to which buildings or structures shall conform and to encourage the highest standards of aesthetics within the Town.
Prohibit incompatible uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
Regulate alterations of existing buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
Conserve taxable value of land: to conserve the taxable value of land and buildings throughout the Town.
§ 155-7 Designation of districts.
The following classes of districts are designated in the Town of Marlborough:
R | Residential District |
R-1 | Residential District |
R-Ag-1 | Rural Agricultural District |
C-1 | Commercial District |
C-2 | Commercial 2 District [Added 3-8-1999 by L.L. No. 1-1999] |
HD | Highway Development District |
I | Industrial District |
BC | Business Corridor Overlay District [Added 8-25-2014 by L.L. No. 1-2014] |
§ 155-8 Adoption of Zoning Map.
[Amended 7-11-1994 by L.L. No. 1-1994; 9-22-1997 by L.L. No. 2-1997]
The location and boundaries of said districts are hereby established as shown on the Zoning Map of the Town of Marlborough, dated September 22, 1997.[1] In addition, said boundaries precisely defined on the Tax Map of the Town of Marlborough are hereby made a part of this chapter. Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter, as if the same were all fully described and set forth therein.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
§ 155-9 Interpretation of boundaries.
The district boundary lines are generally intended to follow the center lines of rights-of-way, the mean water levels of rivers, streams and other waterways, existing lot lines or Town boundary lines, all as shown on the Zoning Map, but where a district boundary does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, if that district extending back from the front lot line occupies 60% or more of the total area, then the rear lot line of that lot shall be considered the district boundary. In all other cases, the lot shall remain in two or more districts. In the event that a zone boundary is unclear, the Building Inspector shall request the Zoning Board of Appeals to render its judgment with respect thereto.
§ 155-10 Regulations and controls in effect.
The regulations and controls intended to guide development in each district are set forth in § 155-12, Use regulations, and Schedule I, Lot, Yard and Height Regulations, which are supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 155-11 Applicability of regulations.
Except as hereinafter otherwise provided:
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
General use restriction. Any use not designated as a principal permitted use, a permitted accessory use or a special permit use is specifically prohibited from any zoning district in the Town of Marlborough.
§ 155-12 Use regulations.
[Amended 12-13-1993 by L.L. No. 4-1993; 7-11-1994 by L.L. No. 1-1994; 8-22-1994 by L.L. No. 2-1994; 11-13-1995 by L.L. No. 5-1995; 3-25-1996 by L.L. No. 1-1996; 4-8-1996 by L.L. No. 2-1996; 3-8-1999 by L.L. No. 1-1999; 11-25-2002 by L.L. No. 8-2002; 5-27-2003 by L.L. No. 2-2003; 8-25-2014 by L.L. No. 1-2014; 3-23-2015 by L.L. No. 1-2015; 12-28-2015 by L.L. No. 3-2015; 5-22-2017 by L.L. No. 5-2017; 7-10-2017 by L.L. No. 6-2017; 9-24-2018 by L.L. No. 5-2018; 4-12-2021 by L.L. No. 2-2021; 2-26-2024 by L.L. No. 1-2024; 2-24-2025 by L.L. No. 1-2025]
R Residential District.
Purpose. The purpose of this district is to provide for the orderly growth of established residential centers, to prevent overcrowding of the land, to regulate those uses which are not compatible with residential neighborhoods and to create conditions which are otherwise conducive to carrying out the purposes of this chapter.
Permitted accessory uses shall be:
Special uses shall be:
Community buildings, clubs, lodges and fraternal organizations.
Essential services.
Multiple dwellings.
(Reserved)
Neighborhood stores.
Mobile home parks, in accordance with Chapter 102, Mobile Homes, of the Code of the Town of Marlborough.
Home occupations.
Affordable senior citizen housing.
Bed-and-breakfast.
Residential cluster development.
Short-term rental.
R-1 Residential District.
Purpose. The purpose of this district is to provide reasonable standards for the development of residential area in the vicinity of established residential centers, to encourage a greater variety of lot sizes and housing types, to control activities not compatible with moderate-density residential development and otherwise to create conditions conducive to carrying out the purposes of this chapter.
Permitted accessory uses shall be the same as in the R District.
Special uses shall be:
Community buildings, clubs, lodges and fraternal organizations.
Essential services.
Residential cluster developments.
Private schools.
Home occupations.
Adult multiple dwellings.
Affordable senior citizen housing.
Nursery schools, preschools and similar activities.
Bed-and-breakfast.
Recreation uses with a minimum parcel of 10 acres.
Resort hotel with a minimum parcel size of 10 acres.
Multiple dwellings.
Short-term rental.
R-Ag-1 Rural Agricultural District.
Purpose. The purpose of this district is to encourage the continuation of agriculture and uses compatible with the soil, topography and location of this district, to preserve important natural and economic resources and to create conditions conducive to rural life and country living on lands within an area primarily dedicated to agriculture.
Principal permitted uses shall be:
All agricultural land uses, buildings and activities, including the growing of field, truck and tree crops, dairying, livestock raising, low-density poultry raising and similar agricultural uses.
Cemeteries.
Essential services.
Nurseries and greenhouses.
Public parks and recreation areas.
One-family or two-family detached dwellings.
Solar energy system, subdivision use.
Permitted accessory uses shall be:
Accessory farm buildings.
Garages and parking and loading areas.
Farm labor housing, in accordance with New York State Department of Health Standards.
Roadside stands for the sale of agricultural products produced primarily on the premises.
Signs.
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
Other accessory uses and structures customarily appurtenant to a principal permitted use.
Special uses shall be:
Neighborhood stores.
Light industrial activities or businesses of a kindred nature engaged in the manufacturing, processing, packaging or warehousing of agricultural and related products, when conducted without public hazard or nuisance.
Mining and excavation.
(Reserved)
Community buildings, lodges and fraternal organizations.
Recreation and amusement uses, including golf courses, swim clubs and other outdoor commercial recreation.
Recyclable agricultural buildings.
Home occupations.
(Reserved)
Helipads.
Nursery schools, preschool and similar activities.
Kennels.
Residential cluster development.
Bed-and-breakfast.
Resort hotel.
Solar energy system, large scale.
Short-term rental.
C-1 Commercial District.
Purpose. The purpose of this district is to provide reasonable standards for the orderly expansion of general retail and commercial uses in conformity with the objectives of the Town of Marlborough Comprehensive Plan and to otherwise create conditions conducive to carrying out the purposes of this chapter.
Principal permitted uses shall be:
Retail business or personal service establishments, such as grocery, drug- and hardware stores, meat or food markets, barber- and beauty shops, shoe repair shops and the like.
Eating and drinking establishments.
Automobile service, repair and filling stations.
Essential services.
Dwelling units over ground floor retail commercial uses, with a maximum of two dwelling units over a ground-floor retail commercial use for parcels with public water and public sewer, which units shall be of a one-story design.
Business and professional offices.
Permitted accessory uses shall be:
Garages and parking and loading areas.
Signs.
Living quarters for owners or caretakers of structures housing permitted uses.
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
Other accessory uses customarily appurtenant to a permitted use.
HD Highway Development District.
Purpose. The purpose of this district is to encourage the orderly functioning and expansion of the Town's transportation-related activities in such fashion as to be harmonious with adjacent land uses and to contribute to the soundness of the Town's economic base and to otherwise further the general purposes of this chapter.
Principal permitted uses shall be:
Wholesale and accessory use storage establishments conducted in completely enclosed buildings, except that open storage is permitted if enclosed by an opaque fence or wall at least eight feet in height.
(Reserved)
Essential services.
Shopping centers.
Commercial groups.
Light industrial activities or businesses of a kindred nature engaged in the manufacture, assemblage, treatment or packaging of products when conducted without public hazard, except for those which, by reason of odor, noise, smoke or dust, constitute a nuisance.
Business and professional offices.
Agricultural uses.
Retail uses.
Special uses shall be:
Automobile service, repair and filling stations.
New and used car sales.
Drive-in restaurants.
Instructional uses.
Eating and drinking establishments.
Mobile retail stands.
Warehousing.
Commercial recreation.
Funeral homes with water and sewer.
Hotel and motel with water and sewer.
Farm and produce stands.
Nursery schools, pre-schools and similar uses.
Cannabis on-site consumption establishment.
Cannabis retail dispensary.
Senior citizen housing.
I Industrial District.
Purpose. The purpose of this district is to encourage the orderly expansion of industry in the Town in such fashion as to be harmonious with adjacent land uses and to contribute to the soundness of the Town's economic base and to otherwise further the general purpose of this chapter.
Principal permitted uses shall be:
Light mechanical or industrial operations not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluents.
Buildings for wholesale business, storage buildings or warehouses, including outside storage of building material and other material in large quantities.
Permitted accessory uses shall be:
Storage of trucks and other equipment.
Storage of gasoline, fuel oil and related products, including pumps for use only by the owner on the premises.
Living quarters for caretakers of structures and equipment.
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
Other accessory uses customarily appurtenant to a permitted use.
Special uses shall be:
Essential services.
Waterfront parks.
Junkyards with a minimum lot size of 20 acres.
Experimental laboratories.
Printing plants.
Cold storage plants, creameries, ice cream plants, bottling or central distributing stations, baking plants, or dyeing plants.
The establishment and maintenance of quarries, including any processing of natural products extracted on the premises and the storage of the same, with necessary loading areas, wharves and docks.
Industries or businesses engaged in the manufacturing, processing, packaging, or warehousing of cement, asphalt, concrete and related products.
Laundries and/or dry-cleaning plants.
Solar energy system, large scale.
C-2 Commercial 2.
Purpose. The purpose of this district is to provide reasonable standards for the orderly expansion of general retail and commercial uses in conformity with the objectives of the Town of Marlborough Comprehensive Plan and to otherwise create conditions conducive to carrying out the purposes of this chapter.
Principal permitted uses shall be:
Retail business or personal service establishment, such as grocery, drug and hardware stores, meat or food markets, barber- and beauty shops, shoe repair shops and the like.
Eating and drinking establishments.
Automotive service, repair and filling stations.
Essential services.
Dwelling units over ground floor retail commercial uses.
Business and professional offices.
One-family or two-family detached dwellings.
Permitted accessory uses shall be:
Garage and parking and loading areas.
Signs.
Living quarters for owners or caretakers of structures housing permitted uses.
Other accessory uses customarily appurtenant to a permitted use.
BC Business Corridor Overlay District.
Purpose. The Town of Marlborough is bisected along a north-to-south axis comprising New York State Route 9W, which parallels the Hudson River. Historically, the Route 9W corridor has served the Town of Marlborough as both a significant transportation facility and the location of mixed residential, commercial, and light industrial land uses. There are various zoning district designations along the Route 9W corridor, including the HD, R, C-1, R-1, and R-Ag-1 districts. Within the areas of the Route 9W corridor which are zoned R-1 or R-Ag-1, there exist various improved or unimproved parcels with frontage on the state highway and which are currently, or previously have been, devoted to use for commercial or light industrial activities of the type which are currently allowable within the HD Zoning District. Some of the existing structures are devoted to commercial or light industrial activities as nonconforming uses in the R-1 or R-Ag-1 Zones. Some of these existing structures are not currently put to commercial or light industrial uses, and may be devoted to residential uses which, nonetheless, exist as meaningful opportunities for readaptation to commercial or light industrial uses for the benefit of public commerce and the generation of municipal revenues for the community, depending upon the content and nature of a specific concept plan of development. The Town Board concludes that a Business Corridor Overlay District, in the nature of a floating zone, is an appropriate device to encourage readaptation of existing structures, business use of unimproved parcels, or to eliminate nonconformities of active uses, within eligible properties within the Route 9W corridor.
The Business Corridor Overlay District is a floating zone which may be established through the exercise by the Town Board of the procedures stated herein with respect to properties located within eligible areas along the transportation corridor of Route 9W in the Town of Marlborough, as such areas of eligibility are more particularly defined within Subsection H(3).
Eligible areas. Parcels located within the R-1 or R-Ag-1 Zoning Districts within the Town of Marlborough are eligible locations for establishment of a Business Corridor Overlay District if they a) enjoy highway frontage useable for access to and from Route 9W, and b) are within 250 feet of the right of way line of New York State Route 9W and are currently devoted to, or were previously devoted to, residential, commercial or light industrial use and which are deemed an acceptable site for corridor overlay districting by the Town Board in order to implement a specific concept plan of development for commercial or light industrial activity.
Permitted uses. In the event that the Town Board establishes a Business Corridor Overlay District designation, the principal permitted uses, the permitted accessory uses, and the permitted special uses of the property shall be those uses which are allowable within the HD Highway Development District. In the exercise of legislative discretion, the Town Board shall be entitled to establish such lot, height, yard, bulk, and area requirements as the Town Board finds to be appropriate to the circumstances of each particular development proposal. In the exercise of legislative discretion, the Town Board may authorize mixed uses on lands to be rezoned to BC in order to allow for the continuation of preexisting uses which might otherwise become nonconforming as a result of the zoning change. Notwithstanding the foregoing, new and used car sales, and adult entertainment uses, shall be prohibited in a BC District.
Procedure for establishment.
Petitions for the establishment of a Business Corridor Overlay District by amendment of the Zoning Map shall be made in writing to the Town Board. Applications shall be made by the owner or owners of the land proposed to be included in such district or by a person or persons possessing written contract or option rights to purchase such lands. In the event that an application is made by a person or persons holding contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner or owners granting authority on the part of such applicant to make the application. Upon submission of a complete application, the Town Board shall refer the application to the Planning Board for recommendation.
Application materials. The applicant shall submit a conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:
A metes and bounds description of the proposed district;
A survey of the land prepared and certified by a licensed land surveyor;
A map drawn to scale showing existing conditions of the parcel, including:
The name and address of the owner of record and, if the applicant is not the owner, then also the applicant;
The name of the person or firm preparing the plan;
The date, North arrow and scale of the plan;
The names, addresses and tax map parcels of owners of all parcels within 500 feet of the subject property. The applicant shall include mailing labels for all property owners of parcels within 500 feet of the subject parcel;
The acreage of the parcel and the tax number or numbers;
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel;
The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line;
The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities within or adjacent to the parcel;
The existing zoning of the parcel;
The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body;
The approximate boundaries of any areas subject to flooding or storm water overflows;
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property);
The identification of any other significant natural features.
The conceptual development plan, drawn approximately to scale, shall clearly show the following:
The approximate location and dimension of proposed principal and accessory buildings on the site and their relationship to one another, and to other structures in the vicinity;
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas, and proposed access to the site;
The proposed source of water supply and method of delivery to the site;
A general plan for the collection and disposal of sanitary waste from the site;
A general plan of proposed stormwater management facilities;
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
A vicinity map showing the proposed use in relationship to adjoining uses, transit services, food stores, community facilities, social service facilities, medical facilities, pharmacy, and religious institutions.
Preliminary architectural treatment of any readapted or new buildings.
Initial review.
In its review of the application, the Town Board may suggest such changes in the conceptual development plan as are found to be necessary or desirable by the Town Board in order to meet the standards of this § 155-12H. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application.
The Town Board may reject the application at any time.
Planning Board review.
Upon the Town Board's satisfaction with the conceptual development plan, and upon the receipt of a request from the Town Board, the Planning Board shall review the project for purposes of site plan or special permit approvals, as such approvals may be required for the particular project under the regulations pertaining to the HD Highway Development district. Upon the filing of complete application documents for site plan or special permit approval as otherwise set forth in this chapter, the Planning Board shall schedule and hold a public hearing. It is anticipated that, as between the Planning Board and the Town Board, the Planning Board may serve as lead agency pursuant to the New York State Environmental Quality Review Act.
In the event that the Planning Board approves the application for site plan approval or special permit, as the case may be, the Planning Board shall condition the approval upon the Town Board's amendment of the Zoning Map[1] by local law to establish a Business Corridor Overlay Zone designation for the subject property.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
Town Board Review. Following conditional approval by the Planning Board, and after legislative public hearing by the Town Board, the Town Board may act to approve, approve with modifications or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment by local law of the Zoning Map established by this chapter.[2]
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
Criteria for rezoning by the Town Board to Business Corridor Overlay District. In determining whether or not to amend the Zoning Map to establish a BC District, the Town Board shall consider, together with the intent and objectives of this section, whether the proposed district and development plan meet the following criteria:
How the site shall be served by potable water and sanitary sewer facilities, and whether such facilities will be adequate to accommodate any additional demand placed upon them by the proposed development or readaptation;
Whether the site is well drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding;
Whether the site is located in an area suitable for the proposed elimination of nonconformity or readaptation of buildings and site development so as to be reasonably free of objectionable conditions such as odors, noise, dust, air pollution, traffic volumes beyond the capacity of the existing road system or proposed road improvements, and other environmental constraints;
The site shall be located in a manner that allows access to the site from a public street with adequate site distances and that meets current engineering standards of the Town;
The architectural style of any proposed readaptation or modification of development and exterior materials, finish and color shall be consistent with the character of nearby properties;
The readaptation or modification of the site shall not produce undue adverse effects on the surrounding neighborhood;
The extent to which the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.
Time limit on validity of rezoning. Any zoning permitted by this section shall be null and void and the zoning of the parcel shall revert back to its original zoning classification by a ministerial designation on the Zoning Map[3] by the Town Clerk, when directed by the Town Board, unless actual construction, pursuant to an approved site plan and a valid building permit is commenced within two years from the date of adoption by the Planning Board of a resolution of site plan approval following the rezoning.
[3]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the applicant as provided within this chapter.
§ 155-12.1 Mixed uses.
[Added 5-27-2003 by L.L. No. 2-2003; amended 2-24-2025 by L.L. No. 1-2025]
Purpose. The purpose of allowing mixed uses is to encourage the establishment of commercial and business entities that are compatible in nature and allowed in the designated zone without the necessity of creating smaller individual lots.
Mixed uses allowed. Mixed uses on a single parcel of land shall be allowed in all zones. Uses may be mixed among those uses considered compatible according to the following list.
Applicability, uses must be allowed by current zoning. Mixed uses must meet all density requirements as if individual uses and must be either principal permitted or special uses within the designated zone. The applicability of these uses does not supersede restrictions placed on uses within the zones, i.e., a combination of uses may be allowed only if those uses are allowed as separate entities within the zone as described in § 155-12 (Use regulations).
Special use. Mixed uses shall be considered a special use and subject to Planning Board approval.
§ 155-12.2 Additional restrictions on uses.
[Added 3-22-2004 by L.L. No. 1-2004; amended 2-24-2025 by L.L. No. 1-2025]
In all zones other than the C-1 and C-2 Zones, residential use of a lot shall be limited to one single-family residence, or if density allows, one two-family residence on an individual lot.
Residential uses. More than one residential unit shall be considered compatible with other combinations of uses only in the C-1 and C-2 Zones.
The foregoing restrictions shall not apply to multiple-family dwellings, adult multiple dwellings, senior citizen housing, affordable senior citizen housing or any other specific section of the Code of the Town of Marlborough designed to make exception to this restriction.
§ 155-13 Water and sewer requirements.
Notwithstanding any other provision of this chapter which permits single-family homes on lots of less than one acre, the minimum lot area for any residential dwelling not served by a public sewer system shall be related to the minimum usable area for on-site waste disposal systems, as defined in this chapter, as follows:
Determinations of minimum usable area shall be subject to the approval of the Town Engineer, if such is appointed, or the Ulster County Department of Health.
The Town Engineer or the Department of Health shall certify to the Building Inspector the minimum usable area for any lot not served by public waste disposal before any building permit is issued.
§ 155-14 Lot regulations.
Lot frontage. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district in which the property is located or the setback line as required by deed, whichever is greater.
Corner lots. At all street intersections, no obstruction to vision which is a hazard to vehicular movement (other than an existing building, post, column or tree) and which exceeds 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their point of intersection.
Required area or open space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and, if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
Minimum lot size for one- or two-family dwellings. Lots to be developed with individual water supply and/or waste disposal systems shall, when utilized for one- or two-family units, have a lot size whose average per dwelling unit is no less than the area required for a single dwelling unit in that district having the same facilities, as specified in this chapter.
Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter.
Dwellings on small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Board of Appeals shall permit erection of a one-family dwelling on any lot in a residential district separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width smaller than that required for a one-family dwelling. No such permit shall be granted if the applicant is the owner of adjoining vacant property, so that he could comply with the requirements of this chapter, or if the applicant does not meet the standards of the Department of Health.
Interior lots. The minimum width of a right-of-way connecting an interior lot to a public road shall be not less than 25 feet.
Minimum front lot line distance. The minimum distance of a front lot line from the center line of the road abutting that lot shall be not less than 25 feet.
§ 155-15 Height regulations.
General application. No building or structure shall be higher than the height permitted in the district where such building is located.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to open amusement uses, church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials or parapet walls, except that no parapet wall may extend more than four feet above the limiting height of the building, or to farm buildings or structures on farms, provided that these farm buildings are at least 100 feet from every lot line, or to buildings or structures on lands in an industrial district used for quarrying, including the processing, packaging or warehousing of cement, asphalt, concrete or related products, provided that these buildings and structures are at least 150 feet from every lot line.
§ 155-16 Yard regulations.
The side yard of every corner lot shall be equal to the front yard requirement of structures fronting on the side street.
Additional yards required when nonresidential districts abut residential districts. All uses permitted in nonresidential districts which abut residential districts at the lot line or on the same street shall provide yards, where they abut, of at least the minimum yard requirements in such residential district.
Side yard width may be varied. Where the side wall of a building is not parallel to the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot and each having a front yard less than the minimum required for that district, the front yard required for any principal structure to be erected on the unimproved lot may be no greater than the deeper of the two adjacent front yards.
Front yard of corner lot. The front yard of any corner lot shall be established on the wider of the two streets abutting said lot, except where the widths of the two abutting streets are equal, then the front yard may be established on either street.
Provision for yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
Location, limitation and coverage accessory.
No accessory building permitted by this chapter shall be placed in any required side or front yard except as specified hereinafter in this article.
The aggregate ground area covered by any accessory buildings in any rear yards shall not exceed 24% of the rear yard area.
Accessory structures which are not attached to a principal structure may be erected in accordance with the following restrictions:
No accessory structure 10 feet in height or less may be closer than 10 feet to any rear lot line or encroach on any side yard, nor may the combination of any accessory and principal structures encroach on the minimum side yard requirement for any district. Accessory structures more than 10 feet in height shall be set back an additional foot for each additional foot in height.
No accessory structure shall be located closer to the street than the street wall of the principal structure, except in the case of farm and quarry buildings.
No accessory structure shall be located closer to a principal structure than 10 feet.
Accessory structures used in connection with loading freight cars on railroad sidings or vessels on inland waterways may be constructed up to the lot line.
Accessory buildings with a greater than one-hundred-sixty-square-foot footprint must be placed on a permanent foundation in compliance with state and local building codes.
[Added 3-8-1999 by L.L. No. 1-1999]
Truck bodies, travel trailers, mobile homes, overseas containers or vehicles of any kind may not be used as accessory buildings except as permitted in the R-Ag-1 Zone.
[Added 3-8-1999 by L.L. No. 1-1999]
When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings.
Cut or fill; retaining walls.
Any cut or fill of more than two feet vertically, within five feet horizontally of any side or rear lot line, requires approval of the Building Inspector or the Town Engineer.
The outside face of a retaining wall less than three feet in height can be constructed along any lot line.
The outside face of a retaining wall over three feet in height shall be no closer than three feet to any lot line.
Side yards in HD District. Where a side yard in the HD District abuts Route 9W, its width shall be the same as the prescribed depth of front yards in that district.
§ 155-17 General landscaping requirements.
Any nonresidential use which is in, abuts, is adjacent to or is less than 50 feet from any residential district and which is not conducted within a completely enclosed building, such as storage yards, lumber and building materials yards, parking lots and like uses, shall be entirely enclosed by a fence or landscaping sufficient to effectively shield such uses.
§ 155-18 Amusement, recreation and vacation uses.
Outdoor recreation facilities.
Such uses shall include golf courses, swimming pools, tennis courts, ice-skating rinks, ski runs and ski trails.
No building or structure shall be located within 100 feet of any property line.
Unenclosed recreational facilities shall be located not less than 150 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses.
Illuminated signs and other lights shall be directed away or shielded from adjoining properties.[1]
[1]
Editor’s Note: Former Subsection A(5), regarding public address systems and which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 4-2010. This local law also provided for the redesignation of former Subsection A(6) as Subsection A(5).
Permanent private swimming pools or portable pools 10 feet or more in any dimension shall, when located in residence districts, conform to all yard and setback requirements for detached accessory structures of the district in which located, except that pools may be located no closer than 10 feet from a rear property line. All pools must be made safe and secure by fencing or other means, as required by regulations of the New York State Uniform Fire Prevention and Building Code. (See 9 NYCRR 720.) All pool installations, aboveground, in-ground or portable, must be equipped with a ground fault interrupter (GFI), and all electrical installations must be approved by the authorized inspection agency.
[Amended 8-22-1994 by L.L. No. 2-1994]
Tourist and vacation buildings.
Such uses shall include motels, resort hotels and tourist homes and may be permitted upon approval of the Planning Board, provided that:
There shall be filed with the application a map or plan of the entire property, showing the proposed location and dimensions of all structures, recreation grounds and community facilities proposed to be constructed thereon.
There shall be presented with the application for this permit a certificate of the County Department of Health approving of the source and method of treatment of the proposed supply of potable water.
There shall be presented with the application for this permit two copies of a map or plan of the system of sewage and waste disposal, which said copies shall bear the endorsement and approval of the County Department of Health.
No structure in such use shall be within 50 feet of any property line or within 100 feet of any watercourse which is a part of any public water supply system.
The total number of units to be accommodated in such use shall not exceed one for each 2,000 square feet of area within such premises.
Within the total area of the lot, each principal building used for living purposes shall have the equivalent of lot area and width, yards and open spaces as follows: each principal building shall have appurtenant and adjacent thereto a portion of the total area of the lot to give it front and rear yards, each not less than 25 feet in depth, and side yards, each not less than 15 feet in width.
Any building designed or used as a place for entertainment, such as a clubhouse, pavilion, casino or for a similar purpose, or for bathhouses for guests of the premises shall have appurtenant and adjacent thereto a portion of the total area of the lot to give it front and rear yards, each not less than 50 feet in depth, and side yards, each not less than 40 feet in width.
If swimming facilities are proposed to be provided in such use, plans showing the extent and location of such facilities and proposed source of water and method of treatment, if any, shall be submitted with the application for the above permit, and such plans shall bear the approval of the County Department of Health.
No certificate of occupancy shall be issued for any such use until the Building Inspector has made a personal examination and satisfied himself that all of the requirements herein set forth have been complied with. No such use shall be used or occupied until a certificate of occupancy has been issued.
Such uses in existence and being operated as such at the time of the passage of this chapter shall not be subject to the above requirements. A nonconforming resort use abandoned for a period greater than two years shall be deemed to be discontinued, and the premises may not thereafter be used as a resort except on approval of the Zoning Board of Appeals, as hereinafter provided.
Campsites. Such uses may be permitted upon the approval of the Planning Board, provided that they conform to all requirements of Chapter 102, Mobile Homes, except as follows:
Occupancy by any individual or group of individuals in any form of permitted temporary, movable or portable shelter shall be for a period of not to exceed 90 days in any calendar year.
Each camping space shall be at least 2,500 square feet in area and 50 feet in width. There shall be an average of no more than 12 camping areas per acre for any campsite.
Parking spaces for automobiles shall be 30 feet long and 12 feet wide, with an eight-foot-wide strip of gravel, if necessary. Parking spaces for automobiles with trailers shall be 50 feet long and 14 feet wide, with a ten-foot-wide strip of gravel, if necessary.
No camping space shall be within 50 feet of any property line or within 100 feet of any watercourse which is part of any public water supply system.
No electrical outlets are required for individual camping spaces.
Sanitation facilities shall be furnished in accordance with the following specifications:
One toilet for each sex for every five units or fraction thereof.
Each toilet room for men shall have, in addition, one urinal stall.
One lavatory for each unit of three toilets or less and one lavatory for every three toilets, where additional toilets are provided.
One shower for each sex for every five units or fraction thereof. Bathtubs are prohibited.
Slop sinks or basins and laundry tubs, with water supply to be provided to serve each five units.
All toilets, sinks, showers, urinals, etc., are to be placed in properly constructed buildings located not less than 100 nor more than 500 feet from each camping space intended to be served thereby.
Each toilet and shower for which provision is made in Subsection C(6)(f) above shall be in a private compartment or stall.
The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended.
Service buildings housing sanitation facilities shall be constructed and maintained in accordance with the following specifications:
They shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
The service building shall be well-lighted at all times of the day and night, shall be well-ventilated with screened openings, shall be constructed of such moistureproof material, which may be painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 68º F. during the period from October 1 to May 1. The floors of the service buildings shall be of concrete or similar materials, elevated not less than four inches above grade, and shall slope to a floor drain located in each room.
All service buildings and the grounds of the site shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.[2]
[2]
Editor's Note: Former Subsection D, Seasonal dwelling unit conversions, which immediately followed this subsection, was repealed 5-9-2011 by L.L. No. 3-2011.
Seasonal dwelling unit conversions.
[Added 6-13-2016 by L.L. No. 1-2016]
Conversion of a seasonal dwelling shall require a special use permit from the Planning Board, in accordance with the provisions of § 155-32 of this chapter.
In considering and approving an application for seasonal dwelling conversion, it shall be the primary concern of the Planning Board to preserve the public health, safety and welfare. To this end, the approval of any such application shall include appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and particularly with regard to the following:
§ 155-19 Community facilities.
Community buildings, clubs, lodges and fraternal organizations.
All buildings shall be a minimum of 20 feet from any property line, except where greater distances are required herein.
In the R-1 District, where permitted, there may be included retail sales for members and guests only.
All applications for such uses in the R-1 District shall demonstrate to the satisfaction of the Planning Board that the proposed use will serve primarily the residents of the locality and is not operated for gain.
Essential services. Such uses shall include electric substations, transformers, switches, sewage treatment plants, auxiliary apparatus serving a distribution area and water pumping stations.
Such facilities shall be so located as to draw a minimum of vehicular traffic to and through residential streets.
The location, design and operation of such facilities shall not adversely affect the character of the surrounding residential area.
Lots containing essential services shall be of sufficient size to allow for the construction of the essential service and to provide adequate setbacks, buffers, landscaping and parking. Adequate fences, barriers and other safety devices shall be installed.
Waterfront parks. Public parks adjacent to the Hudson River or its tributaries may be permitted in any zoning district, subject to the following conditions:
§ 155-20 Commercial and industrial uses.
In order to ensure that commercial and industrial uses, where permitted in the Town of Marlborough, will have no adverse effect on the environment or on adjacent land uses, the following conditions and procedures shall be complied with before a building permit or a certificate of occupancy may be issued:
Environmental quality review. Such review shall be employed in considering proposed reuses of recyclable agricultural buildings.
Outdoor storage of materials and equipment. In the R, R-1 or R-Ag-1 Districts, on lots of three acres or less, outdoor storage of materials or equipment unrelated to a principal permitted use in that district shall be prohibited.
§ 155-21 Recyclable agricultural buildings.
[Amended 8-22-1994 by L.L. No. 2-1994; 3-25-1994 by L.L. No. 3-1996]
Storage, processing and packaging buildings shall include coolers, packinghouses and barns. These buildings may be utilized for nonagricultural activities, such as warehousing and long-term storage, when conducted without public hazard or nuisance caused by odor, noise, smoke, dust or traffic generation. A principal building with attendant accessory buildings and outside storage shall occupy no more than 30% of a lot which shall be created for such purpose. Such lot shall not be smaller than the minimum of two acres. All buildings, when recycled or completed, shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
§ 155-22 Mobile retail stands.
[Amended 8-22-1994 by L.L. No. 2-1994]
Such stands, where permitted, shall comply with the following:
They shall be set back 50 feet from the edge of the right-of-way.
The space for parked vehicles is to be level, well-drained and covered with gravel.
A license to be granted by the Town Clerk is required, as is payment of an annual fee which will be set by the Town Board at the annual reorganizational meeting, said fee to be paid to the Town Clerk before the license is issued.[1]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
Site review and approval by the Planning Board is required.
Written authorization of the property owner is required.
§ 155-23 Home occupations.
All home occupations shall meet the following conditions:
The home occupation shall be clearly incidental to the principal use of the residential structure in which it is located, and no more than one home occupation shall be conducted on the premises. Such use shall not exceed 35% of the total floor area of the dwelling unit within which the home occupation is conducted, inclusive of preexisting attached garages, exclusive of accessory buildings whether or not attached to the principal structure.
The home occupation shall be conducted solely by the owner residing on the premises. Except as specified in Subsection E below, no other persons shall be permitted to share, let or sublet space within the residence for home occupation use.
The home occupation shall be conducted entirely within the principal structure, and there shall be no visible exterior display of goods or external evidence of such home occupation, such as a commercial vehicle which exceeds the standards set forth in § 155-27. Only the signs permitted by § 155-28 hereof shall be allowed. The home occupation shall not change the residential character of the building or of the neighborhood in which it is situated.
[Amended 8-22-1994 by L.L. No. 2-1994; 5-22-2017 by L.L. No. 5-2017]
There shall be no structural alteration to the principal building in order to accommodate the home occupation. Home occupations shall generate no noise, odor, vibration, smoke, dust, traffic or other objectionable effects.
No more than two nonresident persons, other than family members related by blood or marriage, may be employed to assist the operator of the home occupation.
All home occupations are subject to an annual fee which will be set by the Town Board at the annual reorganizational meeting.
[Amended 8-22-1994 by L.L. No. 2-1994]
§ 155-24 Helipads.
[Amended 8-22-1994 by L.L. No. 2-1994]
Helipads, where permitted, shall comply with the following:
It shall be located on a single parcel of land of not less than 50 acres.
Takeoffs and landings shall be only during daylight hours.
It shall be operated only by members of the resident family for agriculturally-related commercial purposes.
Sound levels at the property line of the nearest residential property shall not exceed 75 decibels.
§ 155-25 Junkyards.
[Amended 8-22-1994 by L.L. No. 2-1994]
Junkyards, where permitted, shall comply with the following:
§ 155-26 Mining and excavation.
Mining and excavation in the R-Ag-1 District. Excavation and sale of shale, sand, clay, gravel, rock or other natural mineral deposit shall be allowed only by special permit, subject to the following provisions. The preceding sentence notwithstanding, property owners may utilize gravel, stone quarrying or other materials excavated on their own property for fill or leveling.
Before a special permit is issued, the applicant shall submit to the Planning Board two copies of a map, at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at ten-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy and source.
[Amended 3-8-1999 by L.L. No. 1-1999]
During excavation or quarry operations, open pits and quarry walls shall be entirely surrounded by a substantial fence, at least six feet high, that will effectively block access to the area with suitable gates provided with locks. The top and/or toe of the slope shall be not closer than 40 feet to a property line.
The proposed finished grading plan shall show the land to be smooth graded and topsoil or other suitable material respread.
The applicant shall be required to furnish a performance bond in an amount determined by the Planning Board Engineer and approved by the Planning Board and then the Town Board and to be held by the Town Clerk to be sufficient to guarantee the completion of the finished grading and drainage plan. The bond(s) shall be released only upon certification by the Planning Board Engineer that all requirements, including the finished grading and drainage, have been complied with.
[Amended 3-8-1999 by L.L. No. 1-1999]
No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for additional two-year periods upon approval of the Planning Board.
Upon approval, one copy of the approved excavation plan shall be returned to the applicant by the Town Clerk, together with the special permit, upon the payment of a fee in an amount set by resolution of the Town Board to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.[2]
[Amended 8-22-1994 by L.L. No. 2-1994]
[2]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
Mining and excavation in the I District. Mining and excavation and the sale of shale, sand, clay, gravel, rock or other natural mineral deposits shall be allowed, provided that the following conditions are met:
A map showing the contours at five-foot intervals and the exterior boundary line of the property to be included in the quarry shall be filed with the Building Inspector.
The minimum size of the lot is at least 50 acres and a distance of not less than 50 feet shall be maintained between any quarry operation and any street or property line.
No quarry operation shall emit an injurious amount of dust, noise or vibration beyond the geographical limits of such quarry.
All roads within any quarry which are located within 500 feet of any residential district boundary shall be provided with a dustless surface satisfactory to the Town Superintendent of Highways.
The exterior bounds of the property shall be posted, and fences at least six feet in height shall be maintained, with suitable locking gates, across each roadway or other means of vehicular access to the property.
All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of explosion and fire, and adequate fire-fighting and fire-suppression equipment and devices prescribed by the laws of the State of New York shall be maintained.
§ 155-27 Off-street parking; off-street loading; filling and service stations.
Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for vehicles in accordance with the requirements set forth herein.
Size, access and construction.
Each off-street parking space shall have an area of not less than 162 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Parking areas shall be suitably drained and shall be paved with an all-weather surface in accordance with the minimum specifications of Chapter 134, Subdivision of Land.
[Amended 4-11-2022 by L.L. No. 2-2022]
There shall be adequate provisions for ingress to and egress from all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.
In the R, R-1 and R-Ag-1 Districts, on lots of two acres or less whose principal use is a residence, off-street parking for any commercial truck or associated trailer with a manufacturer's rated capacity of more than one ton shall be considered a permitted accessory use when such vehicle is housed in a garage. Such garage shall meet all yard setback and lot coverage requirements.
Number of parking spaces required.
The number of off-street parking spaces required shall be as set forth in Table 1 below. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.
In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Board of Appeals, shall apply.
Table 1 Required Off-Street Parking Spaces | ||
|---|---|---|
Uses | Required Parking Spaces | |
Residential uses [Amended 5-27-2003 by L.L. No. 2-2003] | 1.5 for each dwelling unit (rounded down to a whole number), except for residential cluster developments | |
Churches and schools | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater | |
Community buildings and social halls | 1 for each 20 square feet of floor area | |
Country clubs and golf courses | 1 for each 200 square feet of floor area occupied by all principal and accessory structures, except those used for parking purposes | |
Motels and resort hotels | 1 for each family or dwelling unit | |
Tourist homes [Repealed 3-8-1999 by L.L. No. 1-1999] | ||
Nursing and convalescent homes | 1 for each 3 beds, plus 1 for each employee | |
Medical clinics or offices | 6 spaces for each doctor | |
Dental clinics or offices | 3 spaces for each dentist | |
Restaurants, taverns and nightclubs | 1 for each 3.0 seats | |
Retail stores, store groups and shops | 1 for each 300 square feet of floor area | |
Bowling alleys | 3 for each alley | |
Manufacturing plants and research or testing laboratories | 1 for each 1,000 square feet of floor area, plus 1 for each 2 employees in the maximum working shift; the total parking area shall be not less than 25% of the building floor area | |
Residential cluster [Amended 5-27-2003 by L.L. No. 2-2003] | 1.5 spaces for each dwelling unit (rounded down to a whole number), plus 10% of all off-street parking for visitor parking | |
Multiple dwellings [Added 5-27-2003 by L.L. No. 2-2003] | 1.5 for each dwelling unit (rounded down to a whole number) | |
Wholesale establishments, warehouses and packing plants | 1 for each 2 employees in the maximum shift; the total parking area shall be not less than 25% of the building floor area | |
Senior citizen housing [Added 11-13-1995 by L.L. No. 5-1995] | 1.0 space for each dwelling unit | |
All uses in the Hamlet | Uses within the Hamlet Parking District | |
Parking District [Added 3-8-1999 by L.L. No. 1-1999] | shall require compliance with the required off-street parking spaces; however credit for the first five required parking spaces will be given for on-street parking within 400 feet of the proposed use. Credit will also be given for parking spaces designated for the individual use on land not owned by the applicant A letter stating that such parking is available shall be provided from current owners of the parking within a reasonable time frame for which the parking will be available. Consideration for mixed use time period can be given. | |
Bed-and-breakfast [Added 3-8-1999 by L.L. No. 1-1999] | 2, plus 1 for each bedroom available for rental | |
Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory, except that such spaces may be provided within a radius of no greater distance than 250 feet from that lot as measured from property lines.
The Planning Board, in its discretion, may increase the parking spaces necessary as part of the site plan review process.
[Added 11-13-1995 by L.L. No. 5-1995]
The Planning Board, at its discretion, may reduce the parking spaces necessary as part of the site plan review process for areas located in the Hamlet Parking District.
[Added 3-8-1999 by L.L. No. 1-1999]
Off-street loading.
In any district, in connection with every building or building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing or commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirements of Table 2, following:
Table 2 Required Off-Street Loading Berths | |||
|---|---|---|---|
Uses | Floor Area (square feet) | Number of Loading Berths | |
Schools | 15,000 or more | 1 | |
Hotels and offices | 10,000 or more | 1 | |
Retail commercial and miscellaneous | 10,000 to 25,000 | 1 | |
25,001 to 40,000 | 2 | ||
40,001 to 60,000 | 3 | ||
60,001 to 100,000 | 4 | ||
For each additional 50,000 or major fraction thereof | 1 additional | ||
Dimensions for required loading berths. Each required loading berth shall be determined at the discretion of the Planning Board. Minimum length may be increased depending on the dimensions of the transportation mode (vehicle or railroad car) customarily serving the building described in Table 2 above.
[Amended 9-26-2022 by L.L. No. 8-2022]
Location and dimensions of loading areas. All loading areas, including those which are not required by Subsection B(1), shall be on the same lot as the use which is to be served. For the purposes of this section, "loading area" shall include all areas where cargo is transferred between a building and a transportation mode, as well as all space where railroad cars or trucks are parked during such transfer. Such areas shall be supplemented by an apron space whose depth is at least equal to the required length of the loading berth. Loading and apron areas shall not encroach upon any road, required off-street parking area or open space.
Access to roads. There shall be no more than one entrance-exit point of 28 feet in width onto any road from such a loading area for every 500 feet of frontage on any state highway. There shall be no access within 200 feet of any school, playground or church, nor closer to the intersection of any two street lot lines than 500 feet.
Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly, if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use, unless otherwise approved by the Zoning Board of Appeals in accordance with the purposes and procedures set forth herein.
Automobile service and filling stations.
Location of exits and entrances. No gasoline filling station or automobile repair shop or any vehicular access thereto shall be located within 200 feet of schools, playgrounds and churches. Vehicular access to the above automotive uses shall not be closer to the intersection of any two street lot lines than 500 feet.
Location of appliances or pits. No gasoline filling station or parking garage shall be permitted where any gasoline or oil pump or oil draining pit or visible appliance for any such purpose is located within 20 feet of any street lot line.
§ 155-28 Signs.
[Amended 5-22-2017 by L.L. No. 5-2017]
Legislative intent and purpose.
The intent of this section of the Zoning Law of the Town of Marlborough is to define provisions applicable to the location, construction, design and placement of signs within Marlborough and the zoning districts thereof and to provide a reasonable period for replacement of nonconforming signs.
The purpose of the provisions herein is to regulate signs and related advertising materials in order to promote safety, health, economic development, community character and convenience. Among the objectives are, the reduction of or elimination of nonconforming signage, and the containment or curtailment of unauthorized postings. The following are additional purposes:
Provide a method for the implementation of this section reasonably related to the foregoing purposes and to objectives sought to be promoted by the community consistent with the guidelines and intent of the Comprehensive Master Plan of the Town;
Protect and enhance the unique visual qualities of Marlborough;
Encourage the installation of appropriate signs that harmonize with the buildings, neighborhood, and other signs in the area;
Eliminate excessive and unsightly competition for visual attention through signs;
Safeguard the general public by elimination of signs which may distract a motorist and/or contribute to the hazards of driving;
Safeguard objects having special aesthetic interest or value;
Preserve citizens' rights to a customary means of earning a living;
Facilitate the reasonable needs of businesses to identify themselves in ways harmonious with their landscapes;
Foster, encourage and provide uniformity and or continuity of visual characteristics within the community;
Maintain a standard of quality of all signs;
Regulate without regard to commercial or noncommercial content;
Ensure that the owner of any sign that is otherwise allowed under this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting, except that provided in Subdivision C(4)(a)(1). The purpose of this provision is to prevent any inadvertent favoring of commercial messages over any other noncommercial messages.
Word usage and definitions.
Except where specifically defined in this section or in § 155-1 of this chapter, all words shall carry their customary meanings. Any word that is defined in this section or in § 155-1 shall have the meaning assigned by the definition in this section. Words used in the present tense include the future and the plural includes singular. The word "shall" is intended to be mandatory.
For the purposes of this section, § 155-28, the following terms shall have the meanings indicated:
A double-faced sign, with the two faces connected at the top and spaced at the bottom, so as to form the shape of the letter "A," and therefore being self-supporting on a flat surface; or a single-faced sign similarly self-supporting.
A sign identifying an agricultural operation, including pick-your-own produce or pick your own plants and trees.
A roof-like covering consisting of any pliable material attached to a metal or other frame and supported entirely from a building or other structure and projecting from a structure.
Any visual message, symbol, trade mark, insignia, pattern, color, lighting or letters on an awning.
A piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff, wire, rope or other support.
Any sign painted on or otherwise attached to a bench or other seat meant to be seen by the public.
An off-premises sign which is leased or rented for profit.
A sign that directs attention to a permitted business or profession conducted on the premises, including permitted home occupations.
A freestanding off-premises sign, along a state or county highway, listing commercial establishments in the context of calling attention to the location of hamlets or neighborhood which are important to the Town. Community directory signs may be privately owned and maintained. They shall be subject to approval by resolution of the Town Board, and they shall be of a location, size, and content as the Town Board approves in the exercise of its discretion. The Town Board may impose conditions on the approval.
A temporary nonilluminated sign denoting the architect, engineer and/or contractor when placed on a site under construction.
A sign located on premises which provides traffic flow information, such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk," "Watch for Pedestrians," etc.
A listing of two or more businesses for identification purposes consisting of two or more horizontal crosspieces on a common matrix or support.
Temporary and nonpermanent signs covering dated activities such as sporting, religious, social, and entertainment events.
A sign not attached to or part of any building or screening surface but permanently affixed, by any other means, to the ground, including pole, post-and-arm, ladder and monument signs.
Natural earth, soil or pavement surface at the sign location.
Emblems, tablets, plaques, memorial signs or statues when cut into masonry surface or constructed of bronze, stainless steel, or other similar permanent material designating historical significance with direct connection to the Town of Marlborough.
A sign identifying a permitted home occupation on the property where the home occupation is located.
A sign that is supported by any type of inflation and is either attached to a permanent structure, freestanding or tethered.
A freestanding sign with two vertical supports with horizontal crosspieces serving as individual signs for identification.
Any sign designed to give forth light or reflect artificial light directed at it.
A sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
An illuminated sign on which the artificial lighting is not maintained stationary and/or constant in intensity and color at all times while in use, but specifically excluding time and temperature signs which display no other text or images.
An LCD - or LED-type sign displaying a scrolling, continuous, or changing message, but specifically excluding time and temperature signs which display no other text or images.
A sign designed to give forth any artificial light or designed to reflect such light and on which the external lighting is an integral part of the sign, such as bulbs forming letters or logos.
A sign which is illuminated as a result of electrification or radioactivity of a gaseous material or substance, such as neon.
A sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
A sign in which light projected on to a surface forms the sign.
A freestanding sign with a base affixed to the ground.
A sign identifying a building in a multiple dwelling complex.
A business or professional sign identifying a professional tenant of the site. Each sign shall be affixed to the building exterior wall or door.
A sign containing copy that does not promote a business, commodity, service, or commercial entertainment.
A sign or structure which directs attention to any idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
Includes an individual, corporation, society, association, partnership, trust, organization or other entity, public or private.
A freestanding sign supported by a single vertical pole.
A temporary sign which concerns candidates or issues before the voters in connection with any national, state, or local election.
A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign.
A freestanding sign comprised of a vertical post to which perpendicular arm(s) may be attached and from which the sign hangs.
Any temporary sign affixed, fastened, painted or otherwise attached to utility poles or to traffic control devices, trees, sidewalks, curbs, retaining walls, rocks or other public property.
A sign denoting either the name or address of the resident(s) of a residential premises or both name and address of the resident(s) of a residential premises.
Principal sign that identifies the business or service to the passerby.
A nonilluminated residential "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign located fully upon the residential property on which the sale is being conducted.
A sign attached to the building wall or structure that projects horizontally or at a right angle more than 12 inches from the face of the wall over the traveled way.
A sign advertising the sale, lease or rental of the premises on which the sign is located.
A sign having individual letters and graphics constructed of a metal face and returns (sides), a clear plastic backing, an internal channel for neon glass and mounted one to two inches from the wall.
A sign erected on a roof or that is part of the roof.
Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public. However, a sign shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem, or insignia of a nation, state, county, municipality, school, or religious group, nor shall it include any flag containing a noncommercial message.
The area of a sign measured as follows:
Sign measurement shall be based upon entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;
Unless otherwise stated, measurement of signs with two faces shall be taken as the area of either face, provided that the faces are either back to back or are attached at least on one side and the angle of the attachment does not exceed 30°. The gross area of such signs shall be determined by one side only. Both sides shall not be accumulated for purposes of measurement of size. Where faces are not back-to-back, or are attached at an angle exceeding 30°, each face shall be measured individually and the cumulative amount shall be used to determine gross area.
A sign located at the entrance to a subdivision identifying the neighborhood or community by name.
Any sign that is displayed only for a specified period of time and is not permanently mounted.
A sign that is painted on or attached directly to the outside wall of a building or structural screening, with the face of the sign parallel to the wall and having a visible edge or border extending not more than 12 inches from the wall.
Any advertising sign displayed, affixed or painted on or within any window, show window, or window screen that is visible from the building exterior.
Permits.
General regulations. Except as otherwise provided herein, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered nor shall any person cause any sign or other advertising device to be erected, constructed, displayed or maintained within the Town of Marlborough, except in conformity with these regulations and, where applicable, without first having obtained a permit from the Building Inspector.
Applicants for site plan, special use permit or subdivision approval who intend to erect signs as part of a proposed project shall submit a separate application for a sign permit to obtain approval for any proposed signs. The signs are subject to approval by the Planning Board. No approval for said signs shall be given by the Planning Board unless the procedures of this section, § 155-28, are followed.
Application and fees.
A written application shall be submitted to the Code Enforcement Officer or Building Inspector on a form prescribed by the Town.
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.
An elevation drawing shall be included with the application providing a full description of the placement and appearance of the proposed sign showing:
Written consent from the land owner or authorized representative if the applicant is not the owner.
Payment of the application fee for the sign permit as established from time to time by resolution of the Town Board. The fee shall be waived for not-for-profit, charitable, civic and religious organizations, fire districts, and libraries.
Issuance of a permit.
Process. Upon receipt of a properly completed application for a sign permit and fee, the Code Enforcement Officer or Building Inspector shall examine such plans, specifications, locations and other data submitted and, if plans submitted meet the requirements of this section shall:
If the submitted application is for a modification to an existing sign which is in compliance with all requirements of this section and the Code of the Town of Marlborough and does not constitute a change in size, location, type, or lighting, the Building Inspector shall, within 10 days, issue a permit for the proposed changes.
Condition. All sign permits shall carry the condition that the permitted sign shall be maintained in a safe and orderly condition. The Building Inspector may add such other conditions as may be necessary for the public safety and welfare.
Disapproval. In the event that plans submitted do not meet requirements of this section, the Building Inspector shall, within 10 days, deny the permit application and notify the applicant, in writing, of the reason for refusal to issue a permit.
Time limit. If the authorized sign is not erected within six months of the date the sign permit is granted, the permit shall become null and void and a new application must be submitted. Notwithstanding any other provision of this section, if the sign for which a permit has been granted is part of a project for which site plan approval has been granted by the Planning Board pursuant to § 155-31 of this chapter, the sign permit shall be valid if the sign is erected before the expiration of site plan approval pursuant to § 155-31K. If the sign is not erected prior to the expiration of site plan approval, the sign permit shall become null and void, and a new application must be submitted.
Violation. If, subsequent to inspection by the Code Enforcement Officer or Building Inspector, a sign is found in violation of the conditions specified in the sign permit, the owner shall be notified, by certified mail, return receipt requested, to bring the sign into compliance with specified conditions. Failure to comply within 30 days shall be cause for revocation of the permit and removal of the sign within 10 days after written notification from the Code Enforcement Officer or Building Inspector, and 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 the cost of removal may be recovered in accordance with § 155-28K.
General Provisions.
Prohibited in all districts. Any sign type not listed in Table 1, 2, 3, or 4[1] is not permitted in the Town. Prohibited signs include but are not limited to:
Flashing signs.
Freestanding exterior directory signs listing business occupants of any building, unless part of a master sign plan approved by the Planning Board.
Inflatable signs.
Off-premises signs, including billboards, except that agricultural signs and signs erected by the Town of Marlborough shall be allowed.
Portable signs.
Posters.
Projection signs.
Signs which have any visible moving parts, including signs that achieve movement by action of wind currents.
Signs which, by reason of size, location, coloring, or manner of illumination, obstruct the vision of the drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.
Signs which make use of words such as "stop," "look," "one-way," "danger," "yield," or similar words, phrases, symbols, lights or characters in such manner as to interfere with, mislead, or confuse vehicular or pedestrian traffic.
Signs on public property or a public right-of-way, other than signs erected by a governmental agency.
Signs obstructing any fire escape, means of ingress and/or egress, or other required exit way or window.
Signs obstructing any opening required for ventilation, venting or other access that may constitute a hazard to public health and safety.
Sign attached to utility poles, other than utility company informational signs.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
Illumination.
Neon signs, except for reverse channel signs, are not permitted except as window signs.
Exposed lighting sources such as bulbs, tubes, and the like are prohibited. All ground-level, external sources of illumination must be hidden from view by landscaping or improvements.
All lighting shall be installed so as to avoid glare. The illumination from any sign shall not cause any reflection or glare upon a public street, highway, sidewalk or adjacent property.
General rules by sign type.
Freestanding signs.
No freestanding sign may be located less than 50 feet from any other freestanding sign.
Where the undisturbed ground elevation of a proposed sign location is lower than the adjoining road, street, or highway, a freestanding sign may be constructed so that the height of the sign is no greater than the allowed height, as measured from the elevation of the adjoining road, street, or highway.
For freestanding signs, height shall be measured from the ground to the top of the sign.
For freestanding signs, area shall be determined by the measurement of only one side, provided that the faces are either back to back or are attached at least on one side and the angle of the attachment does not exceed 30°.
Wall signs.
The visible edge or border of a wall sign may extend up to 12 inches from the face of the wall and may not extend beyond the walls of the building.
Schedule of sign regulations.
Permanent signs and temporary signs permitted without a permit. The regulations for permanent signs allowed in all districts without a permit are listed in Table 1.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
Permanent Signs Requiring a Permit. The regulations for signs requiring a permit in each zoning district are listed in Tables 2, 3, and 4[3] as follows:
Signs requiring a permit allowed in Residential District (R), Residential District (R-1), and for properties in the Rural Agricultural District (R-Ag-1), see Table 2.
Signs in the Highway Development District (HD), Industrial District (I), and for properties in the approved Business Corridor District (BC) see Table 3.
Signs in the Commercial District (C-1), Commercial 2 District (C-2), see Table 4.
[3]
Editor's Note: Said tables are included as attachments to this chapter.
Any sign not identified in a table for a specific zoning district or in Table 1 is not allowed in the zoning district to which the table refers, with the exception of signs with noncommercial messages.
Master sign plan for shopping centers, business centers and office buildings. Where four or more business establishments are planned as integrated shopping center office or business center, the following sign criteria shall apply:
Requirement. A master sign plan is required of establishments that share a zoning lot, parcel, or are part of a shopping or office or business center. The plan is a sign system to create visual unity among the signs within the plan area and ensures compatibility with surrounding establishments, landscaping and structures.
Process. Before any individual sign permits for the plan area are approved, the master sign plan must be reviewed and approved by the Planning Board and the Building Inspector. Once a master plan is approved, changes in individual signs, in conformance with the approved master sign plan, shall be permitted by the Building Inspector through application.
Common sign. One common freestanding sign identifying the name and address of the shopping center, business center or office building, is permitted. Appropriate height and size shall be determined by the Planning Board based upon site conditions, size of lot and maximum area and height restrictions established is Tables 1, 2, 3 or 4.[4]
[4]
Editor's Note: Said tables are included as attachments to this chapter.
Business signs. Freestanding signs may not be displayed by individual establishments located within the center. The types of signs displayed by each individual establishment shall adhere to a master sign plan. Each commercial establishment may display up to two signs. The size of such signs shall be governed by the schedule of regulations for the zoning district in which the center is located.
Design objectives. In reviewing sign applications, the Building Inspector or Planning Board (with respect to uses requiring site plan, special permit or subdivision approvals) shall determine that the sign will meet the following criteria:
Signs shall be a subordinate part of the streetscape;
Whenever feasible, multiple signs shall be combined into one to avoid clutter;
Signs shall be as close to the ground as possible, consistent with legibility considerations;
Sign design shall be consistent with the architectural character of the building on which it is placed and not cover any significant architectural features on the building;
Light lettering on dark background which enhances legibility is preferred for all signs.
Maintenance requirements.
With the exception of existing nonconforming billboards which are covered in Subsection H(2) of this subsection, all signs and other advertising structures, together with all supports, braces, hooks, guys and anchors, and exposed lighting sources, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. If a property owner or sign permit holder fails to maintain a sign, the Building Inspector or Code Enforcement Officer shall notify the property owner and the permit holder, if any, of the violation in writing, by certified mail, return receipt requested. Within 30 days of notice of violation, the property owner or permit holder shall take steps to correct same. Failure to correct the specified maintenance requirements shall be a violation of this section. The Town shall be empowered, on 30 days additional notice to the sign owner, and to the owner of the real property if different, to enter upon the subject parcel and to remedy the violations of these maintenance standards, or the Town shall be empowered to remove the sign, and the resulting costs may be recovered under Subsection K of this section.
With respect to existing nonconforming billboards, the owner of the billboard and the owner of the real underlying real property, if different, shall register name and address on forms to be provided by the Building Inspector. The Building Inspector shall be entitled to issue notices to the owner and the owner of underlying real property, if different, of the billboard by certified mail, return receipt requested, at the address(es) included within the registration. All billboards together with all supports, braces, hooks, guys and anchors, and exposed lighting sources, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. All billboards shall be maintained and repaired in a fashion which preserves structural integrity. All vegetated and landscaped features of the parcel within a fifty-foot radius of the billboard's foundation shall be maintained; grass shall not be allowed to reach a height higher than 10 inches. All components of billboards shall be painted with a frequency which avoids blistering, peeling, or exposed underlying wood or other materials. If the billboard owner fails to maintain the billboard in accordance with these standards, the Building Inspector or Code Enforcement Officer shall notify the billboard owner and the owner of the real property, if different, of the violation in writing, by certified mail, return receipt requested. Within 30 days of notice of violation, the billboard owner shall take steps to correct same. Failure to correct the specified maintenance requirements shall be a violation of this section. With the exception of correction or repair of the message component of the billboard, the Town shall be empowered, on 30 days additional notice to the billboard owner and owner of the real property if different, to enter upon the subject parcel and to remedy the violations of these maintenance standards. The resulting costs of the Town may be recovered under Subsection K of this section.
For any billboard leased or rented for profit, that if use of the sign is discontinued for a period of one year or more will lose its preexisting nonconforming status and the Town shall give notice of the removal requirement to the owner of the property where the billboard is located and to the permit holder, if any. Notice shall be given by certified mail, return receipt requested to the owner of the property where the preexisting nonconforming billboard is located and to the permit holder, if different.
If the billboard has not been removed, the Building Inspector or Code Enforcement Officer shall give written notice by certified mail, return receipt requested to the last owner of record of the real property where the sign is located and the permit holder, if any, that the billboard must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Building Inspector or Code Enforcement Officer may cause the billboard to be removed, and the cost of removal may be recovered in accordance with § 155-28K.
Nonconforming signs.
Removal of nonconforming signs.
Nonconforming signs other than billboards.
Any sign other than a billboard leased or rented for profit, that does not conform to the provisions herein shall be deemed a nonconforming sign and shall be removed if use of the sign is discontinued for a period of one year or more.
The Town shall give notice of the removal requirement to the owner of the property where the sign is located and to the permit holder, if any. Notice shall be given by certified mail, return receipt requested to the owner of the property where the nonconforming sign is located and to the permit holder, if different.
If the sign has not been removed, the Building Inspector or Code Enforcement Officer shall give written notice by certified mail, return receipt requested to the last owner of record of the real property where the sign is located and the permit holder, if any, that the sign must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Building Inspector or Code Enforcement Officer may cause the sign to be removed, and the cost of removal may be recovered in accordance with § 155-28K.
Replacement of nonconforming signs.
If there is a change in ownership in any property on which a nonconforming sign is located, the nonconforming sign may continue its use and shall be deemed to have existed on the effective date of the 2017 amendments to this section, so long as such sign usage has not been discontinued for a period in excess of one year.
Any increase in size, illumination or flashing or other nonconformity of a sign shall not be permitted.
Any nonconforming sign that is damaged or destroyed, for a loss of 50% or more of its value, as determined by the Code Enforcement Officer or Building Inspector, by fire or other casualty shall not be restored, reconstructed or replaced except by a sign that conforms to the requirements of this section.
Abandoned signs.
Any legal nonconforming sign which no longer advertises a bona fide business conducted or product available to 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 notice of violation from the Code Enforcement Officer or Building Inspector to the property owner. Upon failure to comply within 10 days, the Code Enforcement Officer or Building Inspector is hereby authorized to cause removal of such sign. The costs of removal may be charged to the property owner pursuant to § 155-28K.
Any conforming sign that no longer advertises a bona fide business conducted or product available to purchase by the public on the premises shall be allowed to remain to enhance resale or rental of the premises upon which the sign is located.
Posters are prohibited under this section. Notwithstanding any other provisions of this section, the Code Enforcement Officer and Building Inspector are authorized to remove any poster without notice. Any poster removed pursuant to this section shall be kept by the Code Enforcement Officer or Building Inspector for 30 days and then can be destroyed unless retrieved by the owner before the expiration of the thirty-day period. The costs of such removal may be charged by the Town pursuant to § 155-28K.
Costs of removal of signs. At the sole discretion of the Town, the reasonable and necessary costs incurred by the Town for removal of any sign shall be charged against the real property from which the sign was removed by adding that charge to and making it a part of the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Clerk to be applied in reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
Interpretation of provisions.
Legislative intent. In their interpretation and application, the provisions of this article shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
If any portion of this section is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Town of Marlborough, the provision that establishes the more restrictive standard shall prevail.
Severability. If any section, clause, sentence or part of this section shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence or part thereof directly involved in the controversy in which such judgment was rendered.
§ 155-29 Residential cluster developments.
[Amended 8-22-1994 by L.L. No. 2-1994; 3-8-1999 by L.L. No. 1-1999]
In the R-1 District, an applicant for a subdivision containing more than three lots or a site plan for three or more dwelling units may, if all lots or units are served by municipal water and sewer, apply to the Planning Board for a residential cluster subdivision as authorized by § 278 of the Town Law. Such application, as proposed in a letter, shall be accompanied by sketches indicating, in general, the plan and the area to be retained in open space or used for other municipal purposes. If, in the opinion of the Planning Board, such development will succeed in achieving the objectives of the Comprehensive Plan, then the Planning Board shall request approval from the Town Board that said open space or land resulting from the application of lot density zoning will be accepted by the Town or a homeowners' ownership plan approved. If said approval is not forthcoming, the applicant may not submit a cluster plan. If the Town Board indicates its approval, the applicant shall proceed as follows:
Submission. The applicant shall proceed in accordance with the regular subdivision procedures, as provided in Chapter 134, Subdivision of Land, as they may be adopted.
Standards.
Single-family detached houses.
Single-family detached houses may be grouped in clusters, with minimum lot dimensions and setbacks corresponding to those in the R District, when served by municipal water and sewer systems.
Lot and Yard Requirements | ||||
|---|---|---|---|---|
Minimum Lot Size (square feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | ||
Without water or sewer | 20,000 | 100 | 20 | |
With water or sewer | 15,000 | 90 | 20 | |
With water and sewer | 10,000 | 90 | 20 | |
All other yard requirements and maximum coverage and maximum height requirements as specified in Schedule I[1] for the district in which located shall be complied with.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Multiple dwellings. In cases where a developer has designed multiple dwellings, the Planning Board, after inspecting plans and elevations, may approve minimum lot areas other than those provided, provided that the sanitary systems are approved by the County Health Officer, that the average density does not exceed that permitted within the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
Buildings with more than two and not more than six dwelling units shall be eligible for the multiple dwelling provisions of residential cluster developments.
Area to be dedicated. The area to be dedicated shall be not less than the difference in lot sizes that would have resulted in the application of the noncluster lot area standards as set forth in Article IV. The number of lots that would have resulted in application of noncluster standards shall be determined by submission of a sketch plan using noncluster standards.
Dedicated lands, locations and uses. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of land required to be dedicated in accordance with the foregoing and as guided in its decisions by this section and the following:
Where land being developed under the authority of this section is partly in other residence zones not included in the provisions of this section, the Planning Board may accept, as dedicated lands, lands which are in adjacent zones. Such a dedication, if approved, shall dictate the adjustment of the number of lots in the area of development and in accordance with the provisions of this section.
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. It shall not generally approve areas of less than five acres, except when such a site is considered adequate for its specific use, and it shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development being considered.
Disposition of dedicated areas.
Dedicated areas, if accepted by the Town Board, may be deeded to Town ownership and control for its dedicated purpose; or
Dedicated areas may be deeded to property owners or associations within the bounds of the original development for their use, control and management for a club or recreational use and providing appropriate restrictions to assure the effectuation of the purpose of this chapter and to provide for the maintenance and control of the area. Every effort shall be made, if nonTown ownership is approved, to place development and maintenance responsibility upon the property owners within the bounds of the development. Upon failure to maintain an orderly open space, the Town may and can perform such maintenance and assess the cost to the responsible property owner or owners.
Rights of owner. Proposals in accordance with this section shall only be approved by the Planning Board, as above regulated, if the lesser requirements will promote the public health, safety and morals and general welfare and will enhance property values within the area of development and the Town of Marlborough. Nothing herein shall be construed as requiring a developer to elect this means of developing his tract.
§ 155-29.1 Affordable senior citizen housing.
[Added 11-13-1995 by L.L. No. 5-1995]
Application may be made to the Planning Board for a residential cluster development which provides affordable senior citizen housing whose residential units contain one bedroom or fewer and are served by municipal water and sewer systems.
Lot, yard and density regulations.
The minimum project area shall be three acres, with a minimum lot width of 200 feet.
Residential units may be attached or detached with designs to be approved by the Planning Board and consistent with density requirements.
Multiple dwellings shall be consistent with lot, yard and height requirements for multiple dwellings in § 155-30.
Maximum density shall be 10 units per acre.
Planning Board review. Required information and Planning Board review shall be as set forth in § 155-31, Site plan review.
Proof of affordability. Compliance with affordability, as defined herein, shall be furnished by the applicant.
§ 155-29.2 Kennels.
[Added 3-25-1996 by L.L. No. 1-1996]
Kennels, where permitted, shall comply with the following:
Minimum lot area shall be 10 acres.
Building enclosures shall be located on the lot a minimum distance of 200 feet from any property line and in other respects in accordance with § 60-5G.
[Amended 5-9-2011 by L.L. No. 3-2011]
Building enclosures for animals shall be soundproofed to comply with the requirements of § 60-5B.
Animals may be permitted outside of building enclosures between the hours of 8:00 a.m. and 6:00 p.m.
Kennels shall be licensed annually. Failure to comply with the above conditions shall be cause for revocation or nonrenewal of the license.
§ 155-29.3 Senior citizen housing.
[Added 2-24-2025 by L.L. No. 1-2025]
Application may be made to the Planning Board for a residential cluster development which provides senior citizen housing in which residential units contain two bedrooms or fewer and are served by municipal water and sewer systems.
Lot, yard and density regulations.
The minimum project area shall be three acres, with a minimum lot width of 200 feet.
Residential units may be attached or detached with designs to be approved by the Planning Board and consistent with density requirements.
Maximum density shall be eight units per acre.
All residential units must be served by and utilize public water and public sewer service.
Setbacks for the front yard of the senior citizen housing project or the senior citizen housing component of a permitted mixed-use project shall be a minimum of 75 feet, each side yard shall be a minimum of 75 feet and each rear yard shall be a minimum of 75 feet.
§ 155-30 Multiple dwellings.
[Amended 6-26-1995 by L.L. No. 4-1995; 5-27-2003 by L.L. No. 2-2003; 5-9-2011 by L.L. No. 3-2011]
Application may be made to the Planning Board for the development of multiple dwellings with restrictions in addition to those normally applicable to the zone as follows, except as modified by the Planning Board during subdivision review pursuant to § 134-9.
Lot, yard and density regulations.
R District.
Minimum lot area shall be three acres, with a minimum lot width of 200 feet.
Maximum lot coverage shall be 15%.
Lot shall be served by and utilize public water and sewer.
Setbacks for front yard shall be 40 feet, each side yard 30 feet and rear yard 30 feet.
Maximum density shall be six dwelling units per acre.
R-1 District.
[Added 8-25-2014 by L.L. No. 1-2014[1]]
Minimum lot area shall be 10 acres.
Lots shall be served by and utilize public water and sewer.
Setbacks for front yard shall be minimum 75 feet, each side yard shall be minimum 75 feet and rear yard shall be minimum 75 feet.
Maximum density shall be six dwelling units per acre.
Extension of a public water or sewer service area shall not burden an existing water or sewer district with any cost or debt associated with the extension.
C-1 District.
[Added 9-24-2018 by L.L. No. 5-2018]
Minimum lot area shall be 5,000 square feet.
Lots shall be served by and utilize public water and public sewer.
Setbacks for front yard shall be minimum five feet, each side yard may be zero feet, and rear yard shall be minimum 20 feet.
Notwithstanding the design standards in Subsection B, maximum density shall be four dwelling units over a ground-floor retail commercial use. The maximum number of four-dwelling units may be of two-story design.
Notwithstanding other provisions found within Chapter 155, and notwithstanding design standards set forth within Subsection B, adjacent buildings may be connected to provide multiple dwellings over ground-floor retail commercial uses in order to share infrastructure such as a common elevator or other common infrastructure, subject to Planning Board approval.
Extension of a public water or public sewer service area shall not burden an existing water or sewer district with any cost or debt associated with the extension.
Design standards.
Maximum units per structure. No more than eight units shall be contained in a building, and no more than 24 units shall be contained in a single structure, except in the case of adult multiple dwellings, as defined, where the Planning Board, without modifying height or density requirements, permits variations in design due to special site conditions or occupant needs. Exclusively for purposes of this design standard, a building shall be deemed a portion of a multiple-dwelling structure which is formed by division by such things as archways or breezeways, or by a fire wall within the meaning of this state's uniform building and fire code.
[Amended 6-13-2016 by L.L. No. 1-2016]
Minimum distances between structures in all zones (except C-1 and R). Where there are two or more structures on a single lot devoted to multiple dwellings, the minimum distance between structures shall be 1 1/2 times the height of the highest structure.
[Amended 6-13-2016 by L.L. No. 1-2016; 4-11-2022 by L.L. No. 2-2022; 9-26-2022 by L.L. No. 8-2022]
Off-street parking. The minimum number of off-street parking spaces provided per dwelling unit shall be as established by Table 1, § 155-27, of this chapter.
For properties of twenty acres of more, the minimum distances between structures for multi-family dwellings where there are two or more structures on a single lot devoted to multiple dwellings, the minimum distance between structures (foundations) shall not be less than 15 feet and shall follow the New York State Residential Building Code.
[Added 11-13-2023 by L.L. No. 5-2023]
§ 155-31 Site plan review.
[Amended 8-22-1994 by L.L. No. 2-1994; 3-8-1999 by L.L. No. 1-1999; 9-14-2009 by L.L. No. 6-2009]
Purpose. The purpose of this section is to provide regulations governing the applicability, submission requirements, standards for review and design, and due process for site plan review and approval. The intent is to ensure that the development and use of individual parcels of land do not have an adverse effect on adjacent lands or on the character of the community. Such regulations are designed to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed and that its impacts can be mitigated by compliance with reasonable conditions. The regulations are also designed to ensure that new development conforms with the Town's planning goals and objectives as expressed in its Comprehensive Plan.
Applicability.
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:
All special uses cited in § 155-12, Use regulations, or identified herein, other than short-term rental, bed-and-breakfasts and home occupations, which are subject to minor site plan approval.
[Amended 4-12-2021 by L.L. No. 2-2021]
New principal uses and accessory uses, except for one- and two-family dwellings and related accessory uses.
Expansion and change of uses. Site plan review and approval shall be required for a change of use, an expansion of a use or a more-intensive use when such change or expansion shall result in increased water supply, sewage disposal, stormwater runoff management, parking needs, or traffic generation, such determination to be made by the Building Inspector or Code Enforcement Officer. A building permit and certificate of occupancy shall not be issued for such uses or buildings without first obtaining approval from the Planning Board.
Approval required. 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 Building Inspector 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 required. Continued conformance with such plan and requirements, including the maintenance of all improvements, shall be a condition of the continued validity of the site plan approval and the certificate of occupancy.
Approval of revised plan. Revisions of such plans shall be subject to the same approval requirements as a new application, except to the extent those requirements are waived or reduced by the Planning Board.
Preliminary conference with applicant. For all site plan applications which exceed the following thresholds, the first meeting with the Planning Board, prior to the submittal of an application, shall consist of a conference between the Planning Board and the applicant to advise on the feasibility of a project:
[Amended 5-9-2011 by L.L. No. 3-2011]
Residential projects consisting of 50 or more units to be served by private water and sewer supply;
Residential projects consisting of 250 or more units to be connected to municipal sewer and water supply; and
Nonresidential facilities consisting of 100,000 or more square feet of gross floor area. A preliminary conference is optional for all other applications. A fee will be requested for this service. The review and consultation will be non-binding.
Conceptual site plan. The Planning Board shall be limited to a review of the basic concept of the proposal to resolve problems the applicant may have with meeting the Town’s requirements during the formal consideration process. The conceptual site design (sketch) plan shall show the following:
[Added 5-9-2011 by L.L. No. 3-2011[1]]
An area map and a high resolution aerial photograph keyed to the real property maps, showing the parcel under consideration and all properties, subdivisions, roads, and easements within 500 feet of the boundaries thereof. (NOTE: An example of an acceptable aerial photograph includes a photograph from Google Earth™ mapping service.)
A map of the site showing approximate location of:
Lot lines;
Approximate lot measurements;
Existing and proposed streets or other accessways;
Proposed location of future roadway connections between the subject parcel and adjacent parcels;
Location and dimensions of existing and proposed structures and paved areas;
Proposed ingress and egress of the site;
Site topography;
Significant natural and historic features, including floodplains, outcrops, soils, watercourses and water bodies, significant habitat areas, or known endangered species occurrences and wooded areas. In addition, agricultural districts, farm operations, sites nominated or on the state or national registers for historic places, sensitive archaeological areas, and coastal zone boundaries should also be shown;
Photographs of the site and buildings thereon; and
Any other similar descriptive data to clarify the proposed project.
A compilation of known environmental data in relation to the project site and in relation to property within 500 feet of the project site. The compilation shall consist of a narrative summarizing the known environmental data, and copies of any and all previous reports, studies, findings and documents, prepared by any person, consultant or agency. If the supporting reports, studies, findings and documents are in excess of 50 pages, it is preferred that this submission be made in digital form.
A digital copy of the conceptual site design (sketch) plan shall be submitted in PDF format.
[1]
Editor's Note: This local law also provided for the redesignation of former Subsections D through M as E through N, respectively.
Required site plans. A complete application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by 12 copies of plans. Only complete applications for site plan review shall be considered for approval. Site plans shall be prepared by a licensed professional engineer, architect, land surveyor or landscape architect, shall refer to specific data sources, and shall include the following information:
Application form: a completed application on forms prescribed by the Planning Board.
A location map, at a scale of 2,000 feet to the inch or larger, showing the applicant's entire property and all easements and streets and existing structures within 500 feet of the applicant's property as well as the Tax Map and section of USGS mapping.
Briefing document. The applicant shall submit a briefing document, which should be no more than five pages, addressing in narrative form the following issues:
A description of the proposed project;
[2]A description of whether the site design includes the possibility for interconnections with adjoining sites and, if no such interconnection is provided, a thorough narrative as to why an interconnection is not feasible;
[2]
Editor's Note: Former Subsection E(3)(b), regarding design philosophy and goals, was repealed 5-9-2011 by L.L. No. 3-2011. This local law also provided for the redesignation of former Subsection E(3)(c) through (e) as E(3)(b) through (d), respectively.
An analysis of how the project complies with the requirements contained within this Chapter 155, Zoning; and
An identification of any waivers or variances needed.
Site plan. The detailed site plan shall show at least the following information:
Title of the drawing, including the name and address of the owner of record, applicant, and licensed professional(s) responsible for the preparation of such drawing, including seal and signature.
North arrow, scale and date.
Boundaries of the property with surveyed dimensions.
Names of all owners of record adjacent to the applicant's property.
Existing school district (if applicable), zoning district, and overlay district boundaries (if applicable), within 500 feet of the site's perimeter.
Acreage of each distinct existing and proposed land use on the applicant's property, and the proposed density of each if residential uses are proposed.
Grading and drainage plan showing existing and proposed contours with intervals of two feet extending 50 feet beyond the tract. If any portion of the parcel is within a one-hundred-year floodplain as determined by the Federal Emergency Management Agency (FEMA), the area will be shown and base flood elevations given.
Location and boundaries of all existing natural land features on the property, including rock outcrops, isolated trees 12 inches or more in diameter at breast height (dbh) and all trees over 24 inches in dbh (whether isolated or in a forested area), existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping, stone walls, soil types and boundaries, active farmlands, visually prominent agricultural landscape features, such as fields, pastures, and meadows on knolls and hilltops, woodlands along roadways, property lines, and streams, steep slopes in excess of 15%, and water sources. Water sources include ponds, lakes, wetlands and watercourses, primary aquifers and primary aquifer recharge areas, floodplains, and drainage retention/detention areas. The plan shall show locally significant trees which include rare or unusual species, trees associated with historic events or persons, or trees that significantly contribute to a unique scenic viewshed.
Location of all existing buildings, structures, signs, and agricultural lands, on adjacent property within 100 feet of the subject lot lines.
Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant's property, including floor plans, and plans for exterior elevations, at a scale of 1/4 inch equals one foot, showing the structure's mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of building areas to be used for a particular use, such as retail operation, office use, warehousing, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use.
Traffic flow patterns within the site, entrances and exits, the location of potential interconnections between the project site and adjoining sites, truck/commercial vehicle loading and service areas, curb cuts on the site and within 100 feet of the site, and all streets which are either proposed, mapped or built.
Any cross-access easements, walkways and bicycle path opportunities associated with the project.
The location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking spaces required and to be provided. The Planning Board shall encourage the provision of parking areas using alternative paving materials, such as pervious pavement or paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is evident.
The location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences.
A general and conceptual landscape plan showing proposed changes to existing natural land features. Trees to be saved shall be noted on site plans, and appropriate measures shall be outlined to protect the tree stock from damage during construction. More-precise landscaping plans may be required by the Planning Board during the review process, including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added.
The location, design and construction materials of all existing and proposed utility systems, including:
Water supply system.
Sewage disposal.
Telephone, cable and energy systems, including electric, oil, gas, solar or other energy system.
Storm drainage system, including but not limited to existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, manholes, and drainage swales.
The location of fire and emergency accessways and zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
The location, type, and screening details for solid waste disposal facilities and containers.
The proposed location, height, orientation, type of illuminating device, bulb type and wattage, and photometric data of all outdoor lighting fixtures.
The location, height, size, materials, design, and illumination of all present and proposed signs and other advertising or instructional devices, as required in § 155-28.
Estimates of noise generation at the source and property line.
Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.
Plans for the disposal of construction and demolition, waste, whether on-site or at a New York State approved solid waste management facility.
Parks and open space.
General. In accordance with § 274-a of the Town Law, the Planning Board may require either the reservation of land for park or recreational purposes or payment of a fee to a trust fund to be used for purchase and/or development of recreational sites within the Town.
Reservation of land. The Planning Board may require the reservation of land for a park or recreational purposes to be reserved on the plat, but in no case to be more than 10% of the gross area of the subdivision. The location of such reservation shall be in accordance with the Comprehensive Plan or otherwise where the Planning Board shall deem such reservation to be appropriate. In general, such reservations should have an area of not less than two acres.
Payment of fee. Where the Planning Board deems that the reservation of land would be inappropriate, it may waive the requirement of land reservation on the condition (said condition to be incorporated as a requirement within the conditions attached by the Planning Board to site plan approval) that the applicant deposit a cash payment in lieu of land reservation with the Town Clerk. Such payment shall be placed in a trust fund to be used exclusively for the purchase and/or development of neighborhood sites for parks, playgrounds or other recreational purposes. Final approval is contingent on this fee.
Subdivisions of a clustered design in which 75% of the development site will be perpetuated as open space by a homeowners' association shall be exempt the requirements of this subsection.
For projects involving more than one phase, a site plan showing each phase of the project.
[Amended 5-9-2011 by L.L. No. 3-2011]
Proposed days and hours of operation.
Supporting materials. The following materials shall be submitted:
A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.
A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.
Enforceable map notes of stormwater drainage, utility rights-of-way, etc.
Identification, and submittal when available, of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project's execution, and proof of special permit and/or variance approvals if applicable.
[Amended 5-9-2011 by L.L. No. 3-2011]
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 shall also be provided.
Environmental review. An application for site plan review and approval shall also be accompanied by a short or full EAF, or a draft EIS, as required by the lead agency under the Environmental Conservation Law.
A digital copy of the proposed site plan shall be submitted in PDF format.
The Planning Board may waive or allow deferred submission of any of the information required in Subsection D above, as it deems appropriate to the application. Such waivers shall be discussed in the briefing document to be submitted by the applicant. The Planning Board shall issue a written statement of waivers granted on a project. This statement shall be filed in the permanent record of the property.
Standards for review and design. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a development project will be an asset to the community. To promote this purpose, the Planning Board, in reviewing site plans, shall consider the standards set forth below. Such standards are intended to provide a framework within which the developer must recognize and be responsive to the Town's rural, scenic and historic qualities, and all other elements of its community character, but which also allows the designer of the development to exercise creativity, invention and innovation. The Planning Board may require submission of alternative design and layout proposals based on the standards in this section.
The site design will be reviewed with consideration of the existing and planned development of contiguous lands and adjacent neighborhoods.
[Amended 5-9-2011 by L.L. No. 3-2011]
The site design will seek to minimize material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.
[Amended 5-9-2011 by L.L. No. 3-2011]
The site design will be consistent with provisions of the Town of Marlborough Comprehensive Plan and its land use regulations and other local regulations. Existing violations of local laws and regulations shall entitle the Planning Board to withhold or suspend review of an application for site plan approval until the violation(s) are remedied.
The site design shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life, and other unique qualities of the site. To the maximum extent practicable, development shall be located to preserve the natural features of the site and to avoid wetland areas, steep slopes, significant wildlife habitats and other areas of environmental sensitivity. The placement and design of buildings and parking facilities shall take advantage of the site's topography, existing vegetation and other pertinent natural features and shall, to the maximum extent practicable, preserve and enlarge upon these assets for recreation, scenic, or conservation purposes.
Relationship of buildings and site to adjoining areas. Site plans involving nonresidential uses proposed adjacent to a residential district or residential uses shall be reviewed with regard to the impact of the development on such residential district or residential use. The Planning Board shall encourage the use of a combination of landscaping, buffers, berms, screens, visual interruptions, and common building materials to create attractive transitions between buildings of different architectural styles and uses.
Building design.
[Amended 5-9-2011 by L.L. No. 3-2011]
Individual buildings shall relate to each other where practical and feasible in lot placement, scale, and height. In the event that adjoining properties or the area surrounding the new development include traditional structures or land development deemed of significance and value to community character, new individual buildings shall relate where practical and feasible to the lot placement, scale, height and other elements.
Rooftop and ground-level mechanical equipment shall be screened from public view to the maximum extent practicable.
New structures shall be sited and located to take advantage of solar access insofar as practical.
Parking and loading facilities. Parking and loading facilities shall be planned and developed in accordance with § 155-27. Parking areas should be placed at the rear and/or side of principal buildings so they are not visible from public roads. Where site limitations necessitate that parking areas be located adjacent to a public road, a berm, field stonewalls, solid fence or evergreen hedge at least 30 inches in height above grade at the time of planting shall be installed to screen the view of parking areas from the road or street. Existing vegetation, which is proposed for preservation, may also be used to screen the view of parking areas.
Access.
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on public streets.
Similar land uses shall provide, wherever practical, cross access between properties to reduce the number of curb cuts, limit the amount of traffic on the main arterial or collector street fronting the development, reduce turning movements onto state and county roads, and provide logical extensions of the local road system. The Planning Board may require individual developers to construct a site layout that facilitates cross access to adjacent sites.
Similar land uses shall provide, wherever practical, joint access to arterials or collector streets fronting the development to minimize disruption of traffic flow, reduce potential points of conflict between through and turning traffic, and facilitate the control and separation of vehicles and pedestrian movement. The Planning Board may require individual developers to construct a site layout that facilitates future joint access in anticipation of future adjacent development.
All buildings shall be reasonably accessible to emergency vehicles. If the Planning Board deems it necessary, it shall refer the application to the applicable emergency services providers for comment on the proposed access arrangements.
On-site circulation.
[Amended 5-9-2011 by L.L. No. 3-2011]
On-site roadways, pedestrian walks and bicycle paths shall be designed to permit the safe, efficient and convenient movement of vehicles, pedestrians, and bicyclists on site and shall provide for safe connection with streets and adjoining properties where appropriate.
Landscaped and graded pedestrian walkways, shall be provided along the lines of the most-intense use, particularly from building entrances to streets, parking areas, and adjacent buildings, and shall be separated from motor vehicle circulation.
Handicapped persons. For any use to which the public is expected to visit, the plan shall make proper provision for buildings and site developments that are accessible to and functional for physically disabled persons, as required in the International Building Codes and other applicable state and federal laws.
Drainage.
The proposed development shall be designed to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns, protects other properties and public roadways, and mitigates water quality impacts to the greatest extent practical. Drainage plans shall be reviewed by the Town Engineer prior to approval.
[Amended 5-9-2011 by L.L. No. 3-2011]
Provision shall also be made for the protection or improvement of existing watercourses, channels and other drainage systems, on the lot or downstream from the lot, as needed to accept the proposed drainage discharge, based on sound design criteria under good engineering practice, taking into account the drainage requirements of the entire watershed in which the lot is located.
Erosion and sedimentation. Provision shall be made for control of erosion and sedimentation and for avoiding siltation of streams and wetlands, both during construction and upon completion.
[Amended 5-9-2011 by L.L. No. 3-2011]
Sanitation. Proper provision shall be made for the water supply and sewage disposal requirements of the proposed use. Central water supply and/or sewage disposal systems and private on-site systems shall be designed and constructed in accordance with applicable local, county and/or state law. In addition, provision shall be made for the collection, storage and disposal of solid wastes accumulated in connection with the proposed use and for control of litter by means of receptacles, fences or other means.
Fire protection. Proper provision shall be made for fire protection, taking into account any recommendations of the Fire District Board of Commissioners, and including the following:
Suitable location for and access to fire hydrants and/or fire ponds and other water storage.
Suitable access to buildings and storage areas for operation of fire protection vehicles and equipment.
Sufficient controls on traffic and parking to permit access by fire protection vehicles in emergencies.
Adequate circulation driveways within the lot, coordinated with access to other lots, to permit access by fire protection vehicles.
Lighting. The location, height, design, arrangement and intensity of outside lighting, including the illumination of signs, shall minimize glare. Such lighting shall also avoid creating hazards to traffic and shall conform to the neighborhood lighting patterns.
[Amended 5-9-2011 by L.L. No. 3-2011]
Noise. Structures shall be located, constructed, and insulated to prevent on-site noise from interfering with the use of adjacent properties. Similarly, buildings shall be situated to prevent off-site noise from intruding on new development. Methods for reducing noise shall be used where appropriate, and shall include fencing, walls, and natural buffers, such as berms and landscape plantings.
[Amended 5-9-2011 by L.L. No. 3-2011]
Landscaping and screening.
[Amended 5-9-2011 by L.L. No. 3-2011]
The site plan shall integrate the various elements of site design, including landscaping, which preserve and enhance the particular features of the site and surroundings. All areas for off-street parking, vehicle loading, driveways, sidewalks and any other paved areas shall be suitably landscaped. If not disturbed by filling, grading, excavation or other construction activity, the landscaping may be left as natural terrain when having a character and vegetative cover that supports the overall landscaping plan.
Landscape plantings of shrubs, ground cover, shade trees, perennials and annuals and other materials, such as rocks, water features, sculpture, walls, fences, paving materials and outdoor furniture, shall be encouraged to create pedestrian scale spaces and to maintain landscape continuity within the community. This shall be accomplished through the use of native plant and rock material.
The preservation of existing landscape features such as wetlands and woodlots should be encouraged as a design.
Landscaping should be considered for use to create boundaries and transitions between areas of differing development intensities as well as to separate areas of incompatible land uses. A buffer zone thickly planted with native trees and shrubs of sufficient width to entirely screen a nonresidential use from a neighboring residential use shall be considered. A buffer zone shall be provided on any residential development occurring adjacent to a farm as provided for under § 155-52.
Open space shall be an integral part of the overall site design.
Parking facilities shall be landscaped and screened from public view. To promote this purpose, the Planning Board shall consider the standards set forth in the Town of Marlborough Design Guidelines, as they may be adopted.
Solid waste facilities and containers, outdoor service areas, and loading docks shall be screened around their perimeter from the street and from other adjacent residential areas.
All playground areas shall be reasonably screened from the view of the adjacent residential lots and streets.
Public hearing. The public hearing shall be conducted within 62 calendar days of the Planning Board's determination that the application is complete. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing. The Planning Board shall be responsible for publication of the public hearing notice in the official newspaper at least five days before the date of such hearing. This notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the proposal. Notice shall also be posted on the bulletin board of the Town Hall at least five days prior to the date of the hearing. The Planning Board shall mail notice of the hearing to the applicant at least 10 days before such hearing.
Planning Board action on site plan. Within 62 days of the receipt of a completed application for site plan approval or within 62 days of the close of a public hearing, whichever shall last occur, the Town Planning Board shall act on the site plan application.
Action by resolution.
The Town Planning Board shall act by resolution to either approve, disapprove, approve with conditions or approve with modifications the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within five business days of the Town Planning Board's action. A resolution of either approval or approval with modifications shall include authorization to the Town Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated herein.
If the Town Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. In such a case, the Town Planning Board may recommend further study of the site plan and resubmission to the Town Planning Board after it has been revised or redesigned.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Town Planning Board, the applicant shall, within six months, submit six prints. The site plan submitted for stamping shall conform strictly to the site plan approved by the Town Planning Board, except that it shall further incorporate any revisions or other modifications required by the Town Planning Board and shall be accompanied by the following additional information:
A record of application for any and all necessary permits from federal, state and county officials.
Detailed sizing and final material specifications of all required improvements.
An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate.
A digital copy of the site plan submitted for stamping, including any revisions or other modifications required by the Town Planning Board, shall be submitted in PDF format.
Effect of stamping by the Town Planning Board. Upon stamping and signing by the Chairman, the Town Planning Board shall forward a copy of the approved site plan to the Code Enforcement Officer/Building Inspector and the applicant. The Code Enforcement Officer / Building Inspector may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
Reimbursable costs. Reasonable costs incurred by the Town Planning Board for professional consultation fees or other expenses in connection with the review of a proposed site plan shall be defrayed by the applicant. Such escrow-based reimbursable costs shall be in addition to the fees required in § 155-47 herein.
Expiration of approval. Site plan review and approval shall be void if construction is not started within one year and completed within four years of the date of the final site plan approval. Each of these respective periods of expiration may be extended in the Planning Board's discretion for up to three additional periods of one year each. The Planning Board's authority to extend the respective periods of expiration shall apply to any project which requested such an extension, in writing, filed with the Town no later than on or after January 1, 2008.
[Amended 2-26-2024 by L.L. No. 2-2024]
Performance bonds. The applicant may be required to post performance bonds pursuant to this chapter in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs; sidewalks; streetlighting standards; curbs; gutters; street trees; required improvements to existing streets and intersections; water mains; fire alarm signal devices, including necessary ducts and cable or other connecting facilities; sanitary sewers; and storm drains shall all be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments.
Density. When a density calculation is to be made for the purposes of site plan review, it will be a net density calculation.
Required referral. Prior to taking action on the site plan, the Town Planning Board shall refer the site plan, when applicable, to the Ulster County Planning Board for advisory review and a report in accordance with §§ 239-1 and 239-m of the General Municipal Law.
Minor site plan review.
[Added 4-12-2021 by L.L. No. 2-2021]
Applicability. Minor site plan approval in accordance with this subsection is required for the proposed use of a structure as a short-term rental unit, bed-and-breakfast, or home occupation.
The Planning Board's review of an application subject to minor site plan review is limited to findings that the proposed use complies with applicable zoning standards, conforms with the Town's planning goals and objectives as expressed in the Comprehensive Plan, and is sufficiently served by services, utilities and infrastructure.
Minor site plan application requirements. The application requirements shall include, but not be limited to, the following:
Submission of an application for minor site plan approval on forms prescribed therefor and payment of the required fee as established by the Town Board.
A narrative description of the proposed project, addressing its scope of operation, purpose, justification and impact on the immediate area and Town in general and including the following:
The address of the site.
The name of the applicant.
Site zoning.
The name of the proposed business (if applicable).
A description of the existing site and use.
A description of the intended site development and use.
Anticipated impacts on services (i.e., traffic, water, sewer).
The impact on adjoining property (i.e., noise, visual, drainage, other).
The proposed gross floor area.
The number of parking spaces.
The number of employees (if applicable).
Hours of operation.
A site plan outlining the proposed design showing:
Address of the property.
Boundary lines of property.
Names and uses of all adjoining property owners.
Location and names of existing streets.
Existing zoning district.
Existing and proposed buildings and other improvements.
Existing and proposed parking.
Number of parking spaces and analysis of parking requirement.
Access.
Any other information, document, or material required elsewhere in this chapter in respect of short-term rentals, bed-and-breakfasts and home occupations.
The Planning Board may waive or allow deferred submission of any of the information required in Subsection O(4) above, as it deems appropriate to the application. The Planning Board shall issue a written statement of waivers granted on a project, which statement shall be filed in the permanent record of the property.
§ 155-32 Special use permit.
[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No. 6-2009]
All special uses prescribed in § 155-12 of this chapter, or otherwise identified as special uses herein, shall be subject to review and approval of a special use permit by the Planning Board in accordance with the standards and procedures set forth in this section. A special use means one requiring a special use permit.
All special uses shall be subject to the additional review and approval requirements of § 155-31 dealing with site plan review.
Required fees. A complete application for site plan and/or special permit review and approval shall be accompanied by the applicable fees and escrow deposits in accordance with the fee schedule of § 155-47, Development Fees. The Planning Board requires professional review of the application by its designated planning, engineering, legal or other consultants, and such reviews are paid for by means of the escrow deposits.
Public hearing and notice.
The Planning Board shall not authorize any use requiring special permit approval without first holding a public hearing at which interested parties and citizens shall have an opportunity to be heard. The public hearing shall be conducted within 62 calendar days of the Planning Board's determination that the application is complete. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing.
The Planning Board shall be responsible for publication of the public hearing notice in the official newspaper at least five days before the date of such hearing. This notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the proposal. Notice shall also be posted on the bulletin board of the Town Hall at least five days prior to the date of the hearing.
The applicant shall mail copies of the public hearing notice, at least five days prior to the public hearing, to the owners of the property abutting that held by the applicant in the immediate area, whether or not involved in such application, and all other owners within 500 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the Town. Such notice shall be by certified mail, and, at the discretion of the Planning Board, the Secretary of the Planning Board or the applicant shall furnish proof of compliance with the notification procedure, all costs required and fees assessed by the Secretary of the Planning Board to be borne by the applicant.
If the land involved in any application lies within 500 feet of the boundary of any other municipality, the Town Clerk shall also transmit to the Municipal Clerk of such other municipality a copy of the official notice of public hearing thereon not later than the day after such notice appears in the official newspaper of the Town.
Disposition of application by Planning Board.
Within 62 days of the close of the public hearing, unless this time is extended by mutual consent of the applicant and Planning Board, the Planning Board shall act by resolution to approve, approve with conditions, approve with modifications, or disapprove such special use permit. The decision of the Planning Board shall be certified by the Chairman of the Planning Board, filed in the Town Clerk's and Building Inspector's offices, and mailed to the applicant at the address indicated on the application within five days of the Planning Board's decision.
A resolution of either approval, approval with conditions, or approval with modifications will include authorization to the Planning Board Chair to sign the special use permit application upon the applicant's compliance with the conditions or requirements stated in the approval. If the Planning Board's resolution includes a requirement that modifications be incorporated in the special use permit, conformance with these modifications shall be considered a condition of approval. If the special permit is disapproved, the Planning Board's resolution shall be accompanied by a statement, in writing, giving the grounds for denial.
General consideration for special use permits. In permitting any special use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general in the Town and of the immediate neighborhood in particular. The Planning board may require modifications to development proposals, submission of alternative design and layout proposals and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. The Planning Board, after public notice and hearing, may approve the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
Traffic access. All proposed traffic access shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly and shall meet other similar safety considerations.
Parking. Parking areas will be of adequate size for the particular use, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Landscaping and screening. All parking and service areas shall be reasonably screened from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character.
[Amended 5-9-2011 by L.L. No. 3-2011]
Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be the character of the surrounding neighborhood and that of the Town of Marlborough.
[Amended 5-9-2011 by L.L. No. 3-2011]
Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site and in adjacent areas.
[Amended 5-9-2011 by L.L. No. 3-2011]
Level of service. The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities and protection from pollution of surface water or groundwater.
[Amended 5-9-2011 by L.L. No. 3-2011]
Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.
[1]In or adjacent to a residence district. In addition to the above criteria, in the case of any use located in or directly adjacent to a residence district:
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.[2]
[2]
Editor's Note: Former Subsection E(8)(b), regarding the location and height of buildings and walls, was repealed 5-9-2011 by L.L. No. 3-2011.
[1]
Editor's Note: Former Subsection E(8), Nuisances, was repealed 5-9-2011 by L.L. No. 3-2011. This local law also provided for the redesignation of former Subsection E(9) and (10) as E(8) and (9), respectively.
The use of best management practices in the protection of streams, steep slopes, wetlands, floodplains and other natural features.
Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special permit as may be reasonably necessary to assure continuing conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
Environmental consideration. The proposed use shall be subject to review pursuant to the New York State Environmental Quality Review Act (SEQR).
[Amended 5-9-2011 by L.L. No. 3-2011]
Performance bonds. The applicant will be required to post performance bonds pursuant to this chapter in amounts and duration to ensure that all public improvements as per the approved final site plan can be completed.
[Amended 5-9-2011 by L.L. No. 3-2011]
The Planning Board may require that an as-built certified survey be provided to the Town Code Enforcement Officer and/or the Planning Board Secretary to be filed with the official record.
[Added 5-9-2011 by L.L. No. 3-2011[3]]
[3]
Editor’s Note: This local law also provided for the redesignation of former Subsections I through N as J through O, respectively.
Existing violations. No permit shall be issued for a special use for a property upon which there is an existing violation of this chapter or other land use regulations of the Town of Marlborough, and the Planning Board may withhold or suspend review pending remedy of the violation(s).
Waiver. The terms and conditions of a special permit may be modified by application to the Planning Board in the same manner as an application for a new special permit. In the event that the modification sought is deemed insubstantial by the Planning Board, it may waive one or more of the requirements of this section.
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 site plan approval, except that such special permit approval may be renewed by the Planning Board at its discretion. Each of these respective periods of expiration may be extended in the Planning Board's discretion for up to two additional periods of one year each.
[Amended 5-9-2011 by L.L. No. 3-2011]
Revocation of special permits. Special permits may be revoked by the Building Department / Code Enforcement Officers in the event of substantial deviation from approved special permit conditions, and the use allowed by special permit shall terminate immediately.
If the Planning Board indicates that all applicable requirements have been met and approves the special use permit, it shall approve issuance of the permit for which application has been made, including such conditions and safeguards to the permit as have been required. The Building Department/Code Enforcement Officers shall not issue the permit for which the application has been made until the provisions of § 155-32 have been met.
Required referral. Prior to taking action on the site plan, the Town Planning Board shall refer the project's site plan to the Ulster County Planning Board for advisory review and a report in accordance with §§ 239-1 and 239-m of the General Municipal Law.
[Amended 5-9-2011 by L.L. No. 3-2011]
§ 155-32.1 Display of motor vehicles.
[Added 8-25-2014 by L.L. No. 1-2014]
This section shall apply in all zoning districts. No premises may be used for the display for sale of any motor vehicle, unless the premises are covered by current and valid local approvals under the provisions of this chapter for the commercial display and sale of motor vehicles. Except, however, an owner of premises may display for private sale one motor vehicle which is in the title of an owner of the premises.
§ 155-32.2 Solar energy.
[Added 7-10-2017 by L.L. No. 6-2017]
Purpose. The Town of Marlborough recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems for residential, agricultural, and nonresidential parcels' use of solar energy provides an excellent opportunity for the reuse of land throughout the Town and offers an energy resource that can act to attract and promote green business development. The Town of Marlborough has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses. This section is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town. To the extent practicable, and in accordance with Town of Marlborough law, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Town of Marlborough Code. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy facilities.
Definitions. The following definitions shall apply specifically to this section. Any words defined in § 155-1 of this Code shall retain such definition. Usage of these words in other sections of this Code shall utilize such definition as well.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
The area within the parcel measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and access roadways.
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
Not performing all normal functions associated with operation of the solar energy facility and its equipment on a continuous basis for a period of one year.
Solar installations owned collectively through subdivision homeowner associations, college student groups, adopt-a-solar-panel programs, or other similar arrangements.
As provided for by the New York State Public Service Commission.
Photovoltaic panels and tiles or other solar collectors that are installed flush to the surface of a building roof and which cannot be angled or raised.
A solar energy system that is anchored to the ground and attached to a frame, pole or other mounting system, detached from any other structure for the purpose of producing electricity for on-site or off-site consumption.
Equal to 1,000 watts; a measure of the use of electrical power.
Equal to 1,000 kilowatts; a measure of the use of electrical power.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage.
A solar energy system designed to be used primarily for export of solar energy to be used primarily by parcels other than the parcel it is located on.
A solar energy system designed to be used primarily by the building and/or parcel on which it is located.
A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
As provided for by the New York State Public Service Commission.
A solar panel system located on the roof of any legally permitted and/or constructed building or structure for the purpose of producing electricity for on-site or off-site use.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
An easement recorded pursuant to New York Real Property Law § 335-b.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site use, sale, or consumption.
Solar photovoltaic systems which generate power exclusively for on-site use and consumption by the owners, lessees, tenants, residents, or other occupants of the premises of the building or lot to which they are attached and do not provide energy for any other lots, except as may be allowable under New York State or federal regulation.
A collective solar energy system occupying less than or equal to two acres' area of use consisting of ground-mounted solar arrays or roof panels and associated control or conversion electronics and that will be used to produce utility power to provide energy only for the on-site use and consumption of the specific lots associated with a particular major or minor subdivision.
Groupings of solar photovoltaic panels connected to an electric circuit served by an electric utility company. Multiple users may subscribe to receive the output from one or more panels and receive the benefits of PV technology and the efficiencies associated with a larger-scale project without having to own, host or maintain the equipment on their own property.
Converts the variable direct current (DC) output of a photovoltaic (PV) solar panel into a utility frequency alternating current (AC) that can be fed into a commercial electrical grid or used by a local, off-grid electrical network.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
The angle of the solar panels and/or solar collector relative to their latitude. The optimal tilt to maximize solar production is perpendicular, or 90°, to the sun's rays at true solar noon.
When the sun is at its highest during its daily east-west path across the sky.
Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair.
General requirements.
All solar energy system installations shall be performed by a qualified solar installer.
A solar energy system connected to the utility grid shall provide written proof from the local utility company acknowledging the solar energy facility will be interconnected to the utility grid. Any connection to the public utility grid must be inspected by the appropriate public utility.
Solar energy systems shall meet New York's Uniform Fire Prevention and Building Code and National Electrical Code standards.
Every solar energy system shall be depicted on a plan showing the location of the major components of the solar system and other equipment located on a roof or a legal accessory structure. This plan should represent the relative location of all components at the site, including, but not limited to, location of array, existing electrical service location, utility meter, inverter location, system orientation and tilt angle. This plan shall show access and pathways that are compliant with New York State Fire Code, if applicable.
Specification sheets for all manufactured components shall be required.
Prior to operation of the solar energy system, proof that electrical connections have been inspected and approved by an appropriate electrical inspection person or agency, as determined by the Town of Marlborough, must be provided.
Safety.
Solar energy systems shall be maintained in good working order.
All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties.
If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Marlborough and other applicable laws and regulations.
Solar thermal systems and building-integrated photovoltaic (BIPV) systems are permitted outright in all zoning districts, subject to the issuance of a building permit.
Planning Board authority to modify development standards. The Planning Board, in conjunction with the review of a specific subdivision, site plan, or special use application pursuant to this § 155-32.2 may also appropriately modify other development standards, including but not limited to building height, to accommodate solar and other energy-efficient systems.
Small-scale solar energy system as accessory use or structure.
Applicability.
A small-scale solar energy system use and/or structure shall be accessory to the main use and/or structure and shall be incidental, related, appropriate and clearly subordinate to the main use and/or structure.
Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the lot on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
No small-scale solar energy system or device shall be installed or operated in the Town of Marlborough except in compliance with this section.
Roof-mounted solar energy systems.
Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted and constructed building or structure.
Height. Solar energy systems shall not exceed maximum height restrictions within the zoning district they are located in, as illustrated in the Schedule of District Regulations of this Code.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the local Zoning Code or other land use regulations. A building permit shall be required prior to construction and installation.
Ground-mounted solar energy systems.
Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in all zoning districts.
Height and setback. The height of the solar energy system shall not exceed 15 feet when oriented at maximum tilt. Setback requirements shall be as stated for accessory uses for the underlying zoning district.
System capacity, ground-mounted solar energy systems designed for on-site use shall not be sized greater than the energy usage necessary to serve the parcel. Documentation of energy use or energy use expansion necessity may be required.
Lot coverage. The lot on which a ground-mounted solar energy system is located shall be granted an additional 10% of bonus lot coverage from that permitted in the Schedule of District Regulations for that specific zoning district.[2] The surface area covered by solar panels shall be included in total lot coverage.
[2]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
Ground-mounted solar energy systems located in the Residential District that use the electricity primarily on site shall be exempt from site plan review under the local Zoning Code or other land use regulations and only a building permit shall be required prior to construction and installation. Location in other districts will require site plan review as outlined in § 155-31.
Standards for solar energy system, subdivision use.
When an application for subdivision is presented to the Planning Board, which plans include incorporation of a solar energy system as a community energy source, the following criteria for the review and use shall be considered:
Solar energy systems shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the subdivision on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
Solar energy systems shall be permitted under the Schedule of District Regulations when authorized by site plan approval from the Planning Board in conjunction with minor or major subdivision review, subject to the following terms and conditions in the R-AG-1 and R-1 Zoning Districts, so long as the solar energy system meets the criteria set forth in this subsection and Chapter 134, subject to obtaining all other necessary approvals.[3]
[3]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
The solar energy system shall be located on one or more buildable lots of the subdivision.
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.
A homeowners' association shall be established for the operation and maintenance of the solar energy system.
Site plan requirements. A solar energy system designed for use in conjunction with a specific subdivision use shall comply with all the site plan requirements of § 155-31, in addition to the subdivision requirements of Chapter 134. Additional requirements for the use shall include but not be limited to the following:
Maximum area. The maximum area of use for a solar energy system designed for a specific subdivision use shall occupy less than or equal to two acres of land area of use.
Height and setback. The height of the solar energy system shall not exceed 15 feet when oriented at maximum tilt. Setback requirements shall be as stated for the underlying zoning district.
Lot coverage. The lot on which a solar energy system, subdivision use, is located shall be granted an additional 10% of bonus lot coverage from that permitted in the Schedule of District Regulations for that specific zoning district.[4] The surface area covered by solar panels shall be included in total lot coverage.
[4]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
The solar energy system shall be preferably located on an interior lot of the subdivision and placed away from contiguous residential use. Where a solar energy system designed for a specific subdivision use will abut other residential uses outside the boundaries of the subdivision, there shall be increased consideration for mitigating visual impact to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be required by the Planning Board.
All solar energy production facilities shall be designed and located in order to prevent reflective glare onto roadways or adjacent structures.
A minimum twenty-five-foot perimeter buffer, except for the area of roadway access, which may be partially or totally within the subdivision perimeter lot line setback, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings in accordance with Town of Marlborough Zoning Code standards, as may be required by the Planning Board, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent properties and Town, county and state roads. Landscape screening shall be provided in accordance with the landscaping provisions of this chapter. Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality.
Site plans shall be developed that provide for the preservation of natural vegetation in large unbroken blocks that also allow contiguous open spaces to be established when adjacent parcels are developed.
A land grading and vegetation clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of an emergency access roadway and the area required for solar access.
Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.
Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
All local stormwater regulations shall be complied with. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. If determined to be required, an SWPPP (stormwater pollution prevention plan) shall be prepared, and a stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site.
Conveyance of energy to subdivision lots. The site plan shall show the pathways of utility service lines which will be put into place to convey energy to each lot of the subdivision. Necessary utilities to serve the site shall preferably be underground and in compliance with all local, state, and federal laws, rules, and regulations, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. Overhead lines shall follow access roads and/or existing tree lines to minimize visual impact upon surrounding properties.
The applicant shall provide the means of restricting access by the public to the solar collector and indicate such on the site plan.
Signs. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted. In addition, "No Trespassing" or other warning signs may be posted. All signage shall be maintained in legible condition and contain accurate information. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No signage of any kind shall be allowed to be attached to solar panels or support structures, except any required safety warnings.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Proposed covenants and restrictions and a management plan for the proposed homeowners' association (HOA).
Standards for large-scale solar systems as a special use.
Large-scale solar energy systems are permitted through the issuance of a special use permit within the R-AG-1 and Industrial Zoning Districts, subject to the requirements set forth in this section, including site plan approval.
Special use permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions:
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
Special use permit standards.
Height and setback. The height of the large-scale energy systems shall not exceed 15 feet when oriented at maximum tilt. Setback requirements shall be as stated for the underlying zoning district, except all inverters shall be set back the lesser of 100 feet or until the electromagnetic field (EMF) meets background level, as determined by the World Health Organization (WHO).
Area of use. The area of use for a large-scale solar energy system shall be a maximum of 20 acres.
Lot coverage. The lot on which a large-scale solar energy system is located in the R-AG-1 District shall be granted an additional 30% of bonus lot coverage from that permitted in the Schedule of District Regulations, and a lot in the Industrial Zoning District shall be granted an additional 10% of bonus lot coverage from that permitted in the Schedule of District Regulations.[5] The surface area covered by solar panels shall be included in total lot coverage.
[5]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
All solar energy production facilities shall be designed and located in order to prevent reflective glare onto roadways or adjacent structures.
A minimum twenty-five-foot perimeter buffer, except for the area of roadway access, which may be partially or totally within the perimeter lot line setback, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as may be required by the Planning Board, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent properties and Town, county and state roads.
A land grading and vegetation clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of an emergency access roadway and the area required for solar access.
Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.
All local stormwater regulations shall be complied with. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. If determined to be required, an SWPPP (stormwater pollution prevention plan) shall be prepared, and a stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site.
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Town of Marlborough Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
Signs. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted. In addition, "No Trespassing" or other warning signs may be posted. All signage shall be maintained in legible condition and contain accurate information. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No signage of any kind shall be allowed to be attached to solar panels or support structures, except any required safety warnings.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Decommissioning plan for solar energy system, large scale, and solar energy system, subdivision use.
Any use which requires approval by the Planning Board shall include a decommissioning plan approved by the Planning Board.
The decommissioning plan shall specify that after the solar energy system will no longer be used, it shall be removed by the applicant or any subsequent owner and shall include a signed statement from the party responsible for completing the decommissioning plan acknowledging such responsibility.
The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.
The plan shall state disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations.
The plan shall include an expected timeline for execution.
The plan shall include a cost estimate detailing the projected cost of executing the decommissioning plan prepared by a professional engineer or contractor. Cost estimations shall take into account inflation.
Removal of solar energy systems must be completed in accordance with the decommissioning plan. If the solar energy system is not decommissioned after being considered abandoned, the Town may, after providing the last known owner of record prior written notice, by first-class mail, of no less than 20 days, remove the system and restore the property and impose a lien on the property to cover these costs to the Town. The decommissioning plan shall grant the Town a limited license to access the property for the purpose of removing the solar energy system after the notice requirements of this subsection have been satisfied.
Abandonment and removal of small-scale solar energy system.
Any solar energy facility which ceases to operate shall be wholly removed from the site.
In the event the solar energy facility is not so removed, the Building Inspector and/or Code Enforcement Officer shall give written notice to the owner of such facility stating that the solar energy facility is considered abandoned, and setting a time, date and place for a public hearing before the Town Board. Such public hearing shall be on not less than 30 days' notice from date of mailing to such owner. Upon a finding that the solar energy facility has been abandoned, the Town Board shall deliver written notice to the facility owner indicating the reasons for its finding, and directing that the solar energy facility be removed within 120 days. In the event that the solar energy facility is not so removed, the Town Board may enter the property, remove the solar energy facility and restore the property.
Upon recommendation of the Building Inspector and/or Code Enforcement Officer, the Town Board may waive or defer the requirement that a solar energy facility be removed if it determines that retention of such facility is in the best interest of the Town.
Should the Town remove the solar energy facility pursuant to this subsection, the Town shall charge back any costs against the owner and/or applicant. If the owner of said property does not pay said charges, they shall be included as a part of the next Town tax bill, and said charge shall be due and payable by said owner at the time of payment of said bill.
§ 155-32.3 Short-term rentals.
[Added 4-12-2021 by L.L. No. 2-2021]
Each owner of a short-term rental unit must obtain an annual operating permit from the Building Department, must pay any related permitting/inspection fees, and comply with the following:
Application process and required submittals.
Provide a completed annual permit application, including:
A safety/egress plan, to be posted in the proposed short-term rental unit in a visible location and on the back of each bedroom door of a bedroom occupied by a renter.
A parking layout plan identifying where parking is to be located as required in accordance with standards set forth in § 155-27 of this chapter.
A garbage removal plan (garbage receptacles cannot be left out for more than 24 hours before and after pickup).
The name and contact information of the owner shall be provided to the Building Department and shall be posted in the short-term rental unit. Both the owner and the renter will be responsible for addressing rental issues and compliance with short-term rental requirements within 24 hours. The owner must notify the Building Department of any changes in short-term renter contact information and posted notice in the short-term rental unit shall be revised accordingly.
Occupancy shall be limited to two guests per bedroom and total short-term rental occupancy shall be posted in the short-term rental unit. Children 12 years old and under shall not be counted as guests.
Owners of short-term rental units must register them with Ulster County in accordance with Ulster County Local Law No. 5 of 1991. A copy of said registration must accompany each short-term rental unit application to the Town Building Department. Owners of properties in the Town of Marlborough that are listed on the Ulster County registry of homes used for short-term rentals shall receive notification from the Building Department of the provisions of the Town Code applicable to short-term rentals, including the registration and operational requirements.
Short-term rental units must pass a yearly fire/safety inspection and a copy of the inspection report must be attached to short-term rental unit annual renewal permit applications. All short-term rental units must comply with New York State Building Code requirements.
Only an owner is permitted to register a short-term rental unit. An individual owner must be a resident of the Town of Marlborough. Registration by an owner which is a corporation, limited liability company or other business entity beneficially owned by persons who have an interest in more than one short-term rental unit is prohibited in residential districts. Registrations are transferable with a new application. Transfer of permits must be applied for within 30 days of transfer of title.
The Town Board may set limits on the number of short-term rental units permitted within the Town and shall establish the fee schedule on an annual basis.
Each owner will provide guests with copies of applicable local laws, including the noise, fire, safety ordinances and requirements. Each owner will also provide emergency contact information as well as the address of the property where the short-term rental unit is located and will ensure the property address is clearly identifiable from the street. Owner will provide guests with a property map that shows the property boundaries.
Approved short-term rental units will be assigned a registration number that must be included in all rental listings, both print and online and posted within the short-term rental unit. Advertising on or at the site of the short-term rental unit is prohibited.
Failure to comply with the requirements of this section will result in denial of short-term rental unit applications.
Three or more violations of local laws may lead to revocation or nonrenewal of an approved short-term rental unit operating permit.
The use and occupancy of all or any part of a multiple dwelling as a short-term rental unit is strictly prohibited.
The owner shall be responsible for compliance with the provisions of this section and management of his or her short-term rental unit and may not delegate such authority to a property manager or third-party host.
§ 155-32.4 Bed-and-breakfasts.
[Added 9-26-2022 by L.L. No. 8-2022]
Each owner of a bed-and-breakfast must obtain an annual operating permit from the Building Department, must pay any related permitting/inspection fees, and must comply with the following:
Application process and required submittals.
Provide a completed annual permit application, including:
A safety/egress plan, to be posted in the proposed bed-and-breakfast in a visible location and on the back of each bedroom door of a bedroom occupied by a renter.
A parking layout plan identifying where parking is to be located, as required in accordance with standards set forth in § 155-27 of this chapter.
A garbage removal plan (garbage receptacles cannot be left out for more than 24 hours before and after pickup).
The name and contact information of the owner shall be provided to the Building Department and shall be posted in the bed-and-breakfast. Both the owner and the renter will be responsible for addressing rental issues and compliance with bed-and-breakfast requirements within 24 hours. The owner must notify the Building Department of any changes in bed-and-breakfast contact information and posted notice(s) in the bed-and-breakfast shall be revised accordingly.
Occupancy shall be limited to two guests per bedroom and total bed-and-breakfast rental occupancy shall be posted in the bed-and-breakfast. Children 12 years old and under shall not be counted as guests.
Owners of a bed-and-breakfast must register with Ulster County in accordance with Ulster County Local Law No. 5 of 1991. A copy of said registration must accompany each bed-and-breakfast application to the Town Building Department. Owners of properties in the Town of Marlborough that are listed on the Ulster County registry of homes used for short-term rentals or bed-and-breakfasts shall receive notification from the Building Department of the provisions of the Town Code applicable to bed-and-breakfasts, including the registration and operational requirements.
A bed-and-breakfast must pass a yearly fire/safety inspection, and a copy of the inspection report must be attached to the bed-and-breakfast annual renewal permit applications. All bed-and-breakfasts must comply with New York State Building Code requirements.
Only an owner is permitted to register a bed-and-breakfast. An individual owner must be a permanent resident of the Town of Marlborough and must occupy the residence to be used as the bed-and-breakfast full-time.
The Town Board may set limits on the number of bed-and-breakfasts permitted within the Town and shall establish the fee schedule on an annual basis.
Each owner will provide guests with copies of applicable local laws, including the noise, fire, and safety ordinances and requirements. Each owner will also provide emergency contact information as well as the address of the property where the bed-and-breakfast is located and will ensure the property address is clearly identifiable from the street. The owner will provide guests with a property map that shows the property boundaries.
An approved bed-and-breakfast will be assigned a registration number that must be included in all rental listings, both print and online, and must also be posted within the bed-and-breakfast. Advertising on or at the site of the bed-and-breakfast is prohibited.
Failure to comply with the requirements of this section may result in denial of a bed-and-breakfast application by the Building Department.
Three or more convictions for violations of local laws may lead to revocation or nonrenewal of a bed-and-breakfast operating permit by the Building Department.
The owner shall be responsible for compliance with the provisions of this section and management of his or her bed-and-breakfast.
§ 155-32.5 Cannabis/marijuana retail sales and lounges.
[Added 2-26-2024 by L.L. No. 1-2024]
Each owner of a cannabis retail dispensary or cannabis on-site consumption establishment must be licensed in accordance with New York State Law, must obtain an annual operating permit from the Building Department, must pay any related permitting/inspection fees, and shall comply with each of the requirements of this section.
Findings. The Town of Marlborough finds that the orderly development of commercial business is essential to maintaining and protecting the health, safety and welfare of the residents of the Town. The Town also finds that businesses which cater to adults should be located and regulated to minimize the potential adverse impact to residents.
Purpose. The purpose of this section is to regulate the siting, design, placement, security, safety, monitoring and modification of cannabis establishments to ensure the placement of cannabis establishments in appropriate locations and to minimize the adverse impacts of cannabis establishments on residential neighborhoods, schools and other such places where children commonly frequent and congregate.
Applicability. These regulations shall apply to all structures and uses of retail sales and/or consumption lounges where cannabis can be purchased and/or consumed.
General requirements.
No cannabis establishment shall be operated except in compliance with the provisions of this chapter.
When a cannabis establishment is proposed to be in an existing building, regardless of any prior site plan approval (including but not limited to approval for retail sales on the property), the owner shall be required to obtain a special use permit/site plan approval for cannabis related use, retail or on-site consumption establishments.
The location of cannabis establishments shall be authorized in conformity with § 155-12, Use regulations, of the Town of Marlborough Zoning Code.
A cannabis establishment shall be wholly contained within a building or structure. No outdoor on-site consumption establishments shall be permitted.
The hours of operation of Cannabis Establishments shall be set by the Town of Marlborough Planning Board as a condition of the special use permit and/or site plan approval.
Cannabis Establishments shall not be located within a 500-foot radius from:
Any school pre-k through grade 12;
Any day-care center, or any facility where children commonly congregate. A facility is not, however, limited to a building. Such a facility may include but is not limited to: a public park; a playground; a public swimming pool; a library; or a center or facility where the primary purpose of which is to provide recreational opportunities or services to children or adolescents;
Any other cannabis establishment;
Any drug or alcohol rehabilitation facility;
Any correctional facility, half-way house or similar facility; or
Any building containing a place of worship; or
Any Town building or Town park.
No cannabis establishment shall be located inside a building containing residential units, including transient housing which includes but is not limited to hotels, motels, dormitories, bed and breakfasts and short-term rentals.
Cannabis establishments shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.
No outside storage of cannabis, related supplies or promotional materials shall be permitted. Any signage must be in conformity with this chapter.
On-site consumption of cannabis products is prohibited within or on the grounds of a permitted cannabis retail dispensary.
Cannabis-related land uses shall not be permitted as home occupations or accessory uses in any zoning district.
Approvals required.
All cannabis on-site consumption establishments and cannabis retail dispensaries shall be subject to the granting of a special use permit pursuant to § 155-32 of this chapter.
Additional requirements for cannabis on-site consumption establishments and cannabis retail dispensaries.
Provide sufficient lighting during and after hours of operation.
Adequate facilities and personnel for secure disposal of trash and other debris.
Continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.
Sales product and paraphernalia items related to the preparation or consumption of cannabis products shall not be visible off-site or from a public right-of-way.
Outdoor use of sound reproduction devices, including but not limited to loudspeakers and amplifiers on the premises, shall be prohibited.
Signs.
Any signs shall be governed by the signage requirements applicable to the zoning district where the cannabis establishment is located pursuant to § 155-28 of this chapter.
No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on any outdoor signage.
State approval. All cannabis establishments approved pursuant to this section must be licensed in accordance with Article 4 of the New York State Cannabis Law. An expiration or revocation of a license by the state shall be deemed to automatically terminate the special use permit or other Planning Board approvals permitting use.
§ 155-33 Continuation of use.
The following provisions shall apply to all buildings and/or uses legally existing on the effective date of this chapter (which buildings and/or uses do not conform to the requirements set forth in this chapter), to all buildings and/or uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof, and to all conforming buildings housing nonconforming uses. No nonconforming use, building or other structure shall be deemed to have existed on the effective date of this chapter unless it was lawfully maintained and occupied on such date and, if such nonconformity is a use, provided that such use has not been discontinued within the meaning of § 155-34A(4).
It is the intent of this section that nonconformities are not to be expanded, so as to ensure eventual compatibility of neighboring land uses and that the existence of any nonconformity shall not of itself be considered grounds for the approval of a variance for any other property.
§ 155-34 Regulation of nonconformities.
Nonconforming uses. The following provisions and limitations shall apply to a nonconforming use of land, building or other structure:
Enlargement. Any nonconforming use of land shall not be enlarged, extended or altered, and any building or any structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, reconstructed or altered for any reason, except where the result of such change is to eliminate the nonconformity.
[Amended 5-9-2011 by L.L. No. 3-2011]
Moving. Any building, other structure, or site development devoted to a nonconforming use shall not be moved to another part of the lot, unless the result of any such move is to eliminate the nonconformity.
[Amended 5-9-2011 by L.L. No. 3-2011]
Change. Any nonconforming use of land, buildings or other structures shall not be changed to any use that is different in nature and purpose from the former nonconforming use, except to such uses that are permitted uses in the district in which the use is located. Any nonconforming use of land, buildings or other structures, once changed to conform or more nearly conform to this chapter, shall not thereafter be changed so as to be less conforming again.
Discontinuance. Any nonconforming use of land, buildings or other structures which shall have been discontinued shall not thereafter be resumed or replaced by any other nonconforming use. The term "discontinued" shall mean that the nonconformity has ceased for a period of one year or more and/or the use has been changed to another use, whether conforming or nonconforming, for any period of time. Intent to resume a nonconforming use shall not confer the right to do so.
Nonconforming buildings or other structures. The following provisions and limitations shall apply to nonconforming buildings, other structures and site development:
Enlargement. Any nonconforming building, other structure or site development shall not be enlarged or extended unless it makes the structure or site more conforming.
[Amended 5-9-2011 by L.L. No. 3-2011]
Moving. Any nonconforming building, other structure, or site development shall not be moved to another part of the lot, unless the result of any such move is to terminate the nonconformity.
Change. Any nonconforming building, other structures or site development, once changed to conform or to more nearly conform to this chapter, shall not thereafter be changed so as to be less conforming again.
Off-street parking and loading. Any lot, use, building or other structure that does not conform to one or more of the parking and loading provisions of § 155-27 shall continue to conform to such provisions to the greatest extent practicable on the effective date of such section. Any use of land, buildings or other structures which does not conform to one or more of the provisions of § 155-27 shall not be changed to a use that would need additional off-street parking or loading spaces to comply with the provisions of § 155-27 unless such spaces are provided as required for the new use under § 155-27.
Title. No change of title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building, other structure or site development.
§ 155-35 Repair.
[Amended 5-9-2011 by L.L. No. 3-2011]
Nothing in this section shall be deemed to prohibit work on any nonconforming building or other structure, or any building or any structure or part thereof devoted to a nonconforming use, when required by law to protect the public health or safety. Nothing in this section shall be deemed to prohibit ordinary repair and maintenance of a nonconforming building or other structure or, except in the case of nonconforming signs, replacement of existing materials with similar materials.
§ 155-36 Restoration.
[Amended 5-9-2011 by L.L. No. 3-2011]
If any nonconforming building or structure or any building or structure containing a nonconforming use shall be damaged by fire or other casualty or removed pursuant to Chapter 67, such building or structure, except nonconforming signs, may be restored and any such nonconforming use resumed to the extent that such building, structure or use existed at the time of the casualty, but the reconstruction shall comply with the current design standards, bulk requirements and setbacks to the greatest extent practical. Restoration will be started within a period of one year from such casualty and diligently prosecuted to completion. In the event of failure to start such restoration within the one-year period and to complete the same within 24 months thereafter or within such additional periods, not exceeding six months, as the Zoning Board of Appeals may grant upon written application made to it, the right under this subsection to restoration of such building or other structure and the right to resume any such nonconforming use shall be lost and terminated. The Zoning Board of Appeals may grant, upon written application made to it, an extension of the time within which restoration must be started for an additional period not exceeding one year, upon good cause shown.
§ 155-37 Nonconforming residences.
Nothing under this article shall prevent any residential buildings from being repaired or rebuilt in the event of fire or other casualty, but the reconstruction shall comply with the current design standards, bulk requirements and setbacks to the greatest extent practical within the confines of the parcel. The decision as to what is the greatest extent practical shall be in the sole reasonable discretion of the Town Building Inspector and/or Code Enforcement Officer.
§ 155-38 Organization and membership.
There shall be a Zoning Board of Appeals of five members, pursuant to the provisions of § 267 of the Town Law. The Town Board shall appoint said members, shall designate a Chairman and may remove any member of the Zoning Board of Appeals for cause after public hearing. The members of the Zoning Board of Appeals shall be appointed for terms of five years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by the Town Board by appointment for the remainder of the unexpired term. The Chairman of the Zoning Board of Appeals shall not succeed himself for more than five successive one-year increments.
§ 155-38.1 Training and attendance requirements.
Within one year after initial appointment, a Zoning Board of Appeals member shall attend a training program at an appropriate level relating to the duties of Zoning Board of Appeals members, approved in the manner herein provided.
All other Zoning Board of Appeals members shall attend training programs within one year of the date of the effect of this section, approved in the manner herein provided.
All Zoning Board of Appeals members, after the first year of the enactment of this section or after a member's initial appointment, shall attend annual training programs related to the function of said Board.
After discussion and consultation with the Town Supervisor, the Zoning Board of Appeals Chairperson shall advise Zoning Board of Appeals members of approved programs to satisfy the requirements of Subsections A, B and C. Zoning Board of Appeals Board members shall be required to attend an annual minimum of three hours of training program(s) per year. The Zoning Board of Appeals Chairperson shall, from time to time as appropriate, consult with the Town Supervisor and advise Zoning Board of Appeals members of the availability of additional programs as they arise.
The Zoning Board of Appeals Chairperson shall choose programs which relate to the duties of Zoning Board of Appeals members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State, certified training providers, the New York State Department of Environmental Conservation, the Ulster County Planning Department, the New York State Planning Federation or other appropriate entities as designated by the Zoning Board of Appeals Chairperson in consultation with the Town Supervisor.
All training provided pursuant to this section shall be at Town expense.
The Zoning Board of Appeals Chairperson shall cause notice of Zoning Board of Appeals members' compliance with these requirements to be entered into the minutes of the Zoning Board of Appeals as the official record of the Zoning Board of Appeals. The Zoning Board of Appeals Chairperson may require proof of attendance.
Each Zoning Board of Appeals member shall be required to attend 75% of any and all regularly scheduled Zoning Board of Appeals meetings and work sessions each year and 75% of any and all special meetings called by the Zoning Board of Appeals. Attendance at any training program does not count toward attendance at or for a Zoning Board of Appeals meeting, work session or special meeting.
Noncompliance with minimum requirements relating to training and/or attendance shall be deemed a proper cause for removal from office. A Zoning Board of Appeals member who fails to attend the programs as provided in this section or who fails to meet the minimum attendance requirement as provided in this section and specified pursuant to the resolutions promulgated thereunder shall be subject to removal following the procedures set forth in Town Law § 267.
§ 155-39 Procedure.
In its quasijudicial role, the Zoning Board of Appeals shall act in strict accordance with the procedures specified by § 267-a of the Town Law and this chapter. Meetings shall be held at the call of the Chairman or at other such times as the Zoning Board of Appeals may determine. A quorum shall consist of three members. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership of the Board. A favorable vote of a majority plus one, i.e., of at least four members, shall also be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Ulster County Planning Board under the provisions of § 239-m of the General Municipal Law. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations, findings and all other official actions. All meetings and deliberations of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.
Forms and fees. All appeals and applications made to the Zoning Board of Appeals shall be submitted in writing on forms prescribed by the Board within 60 calendar days of the filing of the filing in the Town Clerk's office of any action appealed from and shall be accompanied by the applicable fees in accordance with the fee schedule established by resolution of the Town Board.
Required information in appeal or application. Each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific applicable provision of this chapter and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted. Each application shall also comply with Article 8 of the Environmental Conservation Law (SEQRA) and 6 NYCRR Part 617. Where required, plans shall be prepared by a licensed professional engineer, architect or land surveyor, as the information in question requires.
Stay upon appeal. An appeal of a decision by an administrative official shall stay all activities associated with the action decided upon, unless the administrative official charged with the enforcement of such ordinance or local law from which the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
Public notice and hearing. The Board shall fix a reasonable time and place for a public hearing on such appeal or application, of which hearing date the appellant shall be given notice and at which hearing he shall either appear in person or be represented by an agent. Any other interested party may appear at such public hearing in person or by attorney or other agent or submit comments, in writing, for receipt prior to the public hearing. The Board shall additionally provide notice as follows:
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
Notice of substance of appeal or variance application.
By requiring that the Secretary of the Zoning Board of Appeals or other designated Town employee provide notice of the substance of every appeal or variance application and of the hearing thereon, by certified mail, return receipt requested, at least five calendar days prior to the date of the hearing, to owners of all property abutting or directly opposite the land involved in the appeal or otherwise lying within 500 feet of the intended use.
The names and addresses of owners notified shall be taken as such appear on the last completed roll of the Town.
Compliance with this notification procedure shall be certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying the notice requirements. Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Zoning Board of Appeals in either granting or denying an appeal for a variance from a specific provision of this chapter.
If the land involved in an appeals and/or a variances lies within 500 feet of the boundary of any other municipality, the Secretary of the Zoning Board of Appeals shall also submit, at least five business days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities a copy of the notice of the substance of every appeal, together with a copy of the official notice of such public hearing.
Decision.
The Zoning Board of Appeals shall make a decision on the appeal or variance within 62 days after the close of the public hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Zoning Board of Appeals and shall fully set forth the circumstances of the case and shall contain a full record of findings on which the decision is based, including a record of compliance with the applicable provisions of SEQRA.
Every decision of the Zoning Board of Appeals shall be by resolution; and within five days, each such resolution shall be filed in the office of the Town Clerk by case number, under the heading either of "interpretation" or "variances," together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the Building Inspector, each member of the Town Board, the Secretary of the Planning Board and the Municipal Clerk of any affected municipality given notice of hearing, as required by law, of its decision in each case.
Strict construction. All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed; the Zoning Board of Appeals, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.
Expiration. Unless the variance is acted on and diligently prosecuted within 12 months of the date of its being granted, such variance shall become null and void. The Zoning Board of Appeals may grant a six-month extension for cause.
Conflict with state laws. In case of conflict with state laws, particularly Town Law §§ 267, 267-a, 267-b and 267-c and General Municipal Law §§ 239-l and 239-m, any provision of this section shall be superseded by such provisions. It is intended that this section shall be interpreted to be in harmony with such state law, and any requirements set forth in this section are intended to be in addition to those required by state law.
Referral. A full statement of any appeal that meets the specific referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Ulster County Planning Board for its review. No action shall be taken by the Zoning Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Board or 30 days have elapsed since the County Planning Board received such full statement.
Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.
§ 155-40 Powers and duties.
Interpretations, requirements, decisions and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement or decision the appeal is taken.
Use variances.
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the ordinance or local law.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
Under the applicable zoning regulations imposed by this chapter, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the district or neighborhood; and
The alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Area variances.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of such ordinance or local law, to grant area variances from the area or dimensional requirements of such ordinance or local law.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Referral to Planning Board. The Zoning Board of Appeals may refer to the Planning Board applications of use variances and may refer to the Planning Board any other pertinent matters for review and recommendations. The Zoning Board of Appeals shall defer any decision thereon for a period of not more than 30 days pending a report from the Planning Board. Upon failure to submit such report, the Planning Board shall be deemed to have waived any rights concerning the matter being referred.
§ 155-41 Powers and duties of Building Inspector.
The Town Board shall provide for the services of a Building Inspector. The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits; issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and refer all nonconforming uses to the Zoning Board of Appeals; record and file all applications for permits with accompanying plans and documents; and make such reports as may be required. Building permits for a variance from the requirements of this chapter shall be issued only upon written order of the Zoning Board of Appeals.
§ 155-41.1 Ridgeline and steep slope protection.
[Added 10-11-2005 by L.L. No. 5-2005; amended 8-26-2024 by L.L. No. 3-2024]
Statement of purpose.
It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Town that have present within their boundaries topographical conditions, hereinafter defined as "steep slopes and ridgelines."
The ridgeline protection area is defined as the area on the map known as the "Town of Marlborough Ridgeline Protection Map,"[2] adopted with this code, and any subsequent amendments. The ridgeline of the Town of Marlborough shall be generally viewed as the high points of the ridge commonly known as the "Marlborough Mountains" as viewed from the east in a westerly direction.
[2]
Editor's Note: This map is on file in the Town offices.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Town in their existing physical state or condition as of the date of the passage of this section.
The term "Town Engineer" shall include the Planning Board Engineer by definition.
No lot shall be created by subdivision or other means which, by its creation, would result in a separate lot that cannot meet the following provisions for steep slope regulation or ridgeline protection as hereafter delineated.
Construction control limitations. Disturbance of steep slopes shall be limited to the following based on indicated slopes:
Slopes | Permitted Activity |
|---|---|
Less than 15% | All activities |
15% to 25% | All activities, subject to review and approval of individual grading plans |
More than 25% | No disturbance permitted other than hereafter provided |
Exception. The above construction control limitations for steep slopes are not applicable for isolated steep slopes with an area of a total of 10,000 square feet or less for the application under consideration.
Lot grading/driveway/drainage plans. For all lots with proposed disturbance of a 15% to 25% steep slope area, a lot grading, driveway, and/or drainage plans shall be approved by the Town Engineer prior to the issuance of subdivision approval or a building permit. Said plan shall include, but not be limited to, existing and proposed contours, limits of soil clearing and/or disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the other sections of the Code of the Town of Marlborough and/or Town Engineer, stormwater control measures. The Town Engineer may require additional information to make a determination of both applicability of steep slope and ridgeline protection as well as uphold the intent of this chapter.
No soil shall be excavated, removed, deposited or disturbed except as a result of, and in accordance with, a lot grading plan approved under the terms of this chapter.
Proposed disturbance of soil shall be for purposes consistent with the intent of this chapter.
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions.
Provision shall be made for any structural or protective measures that proposed slopes may require for the protection of the public safety, including, but not limited to, retaining walls, guide rails, headwalls, and fences.
Buffers of undisturbed land shall be maintained between adjoining properties to the extent practicable as determined by the Town Engineer.
Should, in the opinion of the Town Engineer, application of these provisions render a lot that existed at the time this Code is adopted unbuildable, application of these regulations may be modified by the Town Engineer to preserve an allowable use of land with the intent that these provisions be applied to the greatest reasonable extent.
Ridgeline protection requirements.
Applicability, review of plans; compliance. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits of new buildings. The Planning Board or Zoning Board of Appeals, as the case may be, shall review all plans submitted under this section as part of any application for site plan, subdivision or variance approval.
Applicants shall submit for a determination whether the ridgelines depicted on a map entitled "Marlborough Ridgeline Protection Map" adopted upon the passage of this section is within 100 feet of the property which is the subject of the application for review and approval by the appropriate agency. Said map is intended as a guideline and is subject to further clarification by the Town Engineer for each property which may be affected. The applicant shall depict all ridgelines as shown on said map which are on or within 100 feet of said applicant's property. The map is intended to depict the ridgelines occurring in the Town at a USGS elevation of 750 feet or greater [in North American DATUM 1927 (NAD27)].
The determination of the presence of the ridgelines above mentioned shall be done on a map provided by the applicant with topography depicted at two-foot contour intervals.
Applicants for construction on properties to which this section applies shall demonstrate to the Town Engineer and the Town Code Enforcement Officer that no proposed building or structure (inclusive of chimneys, vents or other fixtures attached to the structure) that is subject to this section shall extend above the highest elevation of the Marlborough ridgeline, as viewed from the east as determined by the Town Engineer and the Town Code Enforcement Officer.
If, in the Town Engineer's opinion, such requirements would render an existing lot unbuildable, the Town Engineer may recommend the issuance of, and the Building Department may issue, a construction permit for an existing lot of record which does not meet the requirements of this section upon his determination that no suitable conforming location is available.
There shall be no disturbance of the tree line area above the highest points of the structure and the highest point of the ridgeline.
Applicants are required to provide the Building Department with a topographic survey of the lot showing topography within 200 feet of the proposed building areas and showing elevations with two-foot intervals. Topography shall use NAVD88.
Structures shall not use or contain bright or fluorescent-colored materials or highly reflective shiny metal or similar materials. All structures shall be of natural coloring that blends in with the ridgeline natural color scheme. Use of colors such as brown, black, gray, beige and green are preferred.
Lighting shall not be excessive. Bright LED lighting shall not be used. Only fully shielded, natural lighting and fixtures must be used. Lighting shall be Dark Sky compliant.
Development should be sited behind or below visual barriers such as trees, ridgelines and other topographic features. The height and location of development shall not alter the views of, and from, the natural ridgeline.
Violations; penalties for offenses.
Violation of any approvals or permits given under this section shall result in an immediate work stoppage, other than to protect life, limb and property. Work shall not resume until such violation(s) has been remedied or mitigation is authorized by the agency which issued the permit or approval.
Violations of this subsection shall be prosecuted pursuant to any relevant provisions in the Town Code, Town or state law.
Minor changes. The Town Engineer may approve minor changes to approved plans or permits if, in the opinion of the Town Engineer, such minor changes do not affect the intent or substance of said approval or permit.
This section shall be effective for all applications for permits, subdivision or other applicable actions filed after the date of adoption by the Town Board.
§ 155-42 Building permits.
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert the use of any structure or building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a building permit has been issued by the Building Inspector. Building permits may be valid for a limited period of time for special uses of temporary nature, as set forth herein, and for other uses as may be regulated by the Zoning Board. Any unused building permit will expire after one year. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding six months each. Each extension shall require a fee in the amount set by resolution of the Town Board.[1] Nothing in this chapter shall be construed to require a building permit to accomplish normal repair and maintenance so long as the use, bulk and total habitable space of the building are not altered.
[Amended 8-22-1994 by L.L. No. 2-1994]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
Water supply and sewage disposal.
All water supply and sewage disposal installations shall conform to the Ulster County Department of Health regulations. No site plan shall be approved by the Building Inspector in any district unless such conformity is certified on the plan.
No building permit shall be issued in the R-1 and R-Ag-1 Districts without certification that said lot complies with the percolation standards of the County of Ulster for a lot of the same size.
For principal permitted uses. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building, sign, parking or loading sign, parking or loading area or other physical feature, the existing and intended use of each building or part of a building, the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved and one copy each of all applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.
For special uses. All such applications shall be accompanied by plans and such other information as may be required by the Planning Board, except that, where site review is required, the following shall be furnished:
A general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses, such as schools and playgrounds, landscaping and other open spaces.
Architectural drawings and sketches demonstrating the design and character of the proposed uses.
Issuance of permits.
It shall be the duty of the Building Inspector to issue a permit, provided that he is satisfied that the structure, building, parking area and proposed use conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor. No building permit shall be issued until subdivision roads and curb cuts have been reviewed, approved and inspected by the Highway Superintendent and such approval confirmed by the signature of the Superintendent on the subdivision plat and accepted by the Town Board.
[Amended 5-22-2017 by L.L. No. 5-2017]
All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed, as required by this chapter, nor shall he perform building operations of any kind after notification of the revocation of said building permit.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
[Added 8-22-1994 by L.L. No. 2-1994]
Denial of permits. When the Building Inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Inspector's decision.
Revocation of permits.
[Amended 8-22-1994 by L.L. No. 2-1994]
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
Upon revocation, it shall be the duty of the person holding the same to surrender it and all copies thereof to said Building Inspector.
After the building permit has been revoked, the Building Inspector may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Town of Marlborough, with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not comply.
§ 155-43 Certificate of occupancy.
For new uses. After completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Building Inspector may require and after actual inspection of the premises by the Building Inspector or his duly authorized assistant, the Inspector shall, upon finding the facts to be as represented, issue, in duplicate, an occupancy permit. The occupancy permit shall certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform to the requirements of this chapter. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of premises shall apply to the Building Inspector for an occupancy permit. A copy of the permit shall be kept at all times upon the premises affected and shall be displayed upon request made by any building inspector or police officer. A record shall be kept of all occupancy permits issued and the original applications therefor shall be kept on file in the same manner as applications for building permits. An occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
Temporary certificates of occupancy. The Building Inspector may grant a temporary certificate of occupancy before completion of any building upon a finding of hardship. Such temporary certificate shall be valid for no more than six months. Any renewal of the temporary certificate must be based upon a finding of continuing hardship. In this determination, the Building Inspector may request the assistance of the Zoning Board of Appeals.
§ 155-44 Appeals from Building Inspector, Zoning Board or Planning Board.
Procedure for appellant.
An appeal to the Zoning Board from any ruling of the Building Inspector or Acting Zoning Official administering any portion of this chapter may be made by any person aggrieved or by an officer, department, board or bureau of the Town affected thereby.
All applications and appeals made to the Zoning Board shall be in writing on forms prescribed by the Building Inspector. Applications and all information should be received by the Zoning Board of Appeals (ZBA) Secretary no less than seven days prior to the meeting at which the application will be discussed and/or considered. The Chairman of the ZBA, at his discretion, may waive this time frame. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for, in addition to the following information:
[Amended 3-8-1999 by L.L. No. 1-1999]
The name and address of the applicant or appellant.
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
A brief description and location of the zone lot to be affected by such proposed change or appeal.
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements and the material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and the size of improvements thereon and proposed to be erected thereon.
Procedure for Building Inspector.
The notice of appeal in any case where a permit has been granted or denied by the Building Inspector shall be filed within such time as shall be prescribed by the Zoning Board under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Building Inspector shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers.
It shall be incumbent upon the Building Inspector to recommend to the Zoning Board a modification or reversal of his action in cases where he believes substantial justice requires the same, but where he has not himself sufficient authority to grant the relief sought.
Procedure for the Zoning Board. The Zoning Board shall decide appeals in accordance with the procedures of § 267-a of the Town Law. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The Zoning Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions hereof.[1]
Appeal from decision of Zoning Board. All decisions of the Zoning Board are subject to court review in accordance with applicable laws of the State of New York.
Appeal from decision of Planning Board. Any person aggrieved by any decision of the Planning Board in its administration of subdivision, site plan or special use review may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such appeal may also be made by an officer, department, board or bureau of the Town affected. Appeals from Planning Board decisions may not be considered by the Zoning Board of Appeals.
§ 155-45 Public hearings and notice.
The Board of Appeals shall not grant any appeal for a variance or issue any temporary permit without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Town at least five days before the date of such hearing. In addition to such published notice, the applicant shall cause notice to be given of the substance of every appeal for a variance, together with notice of the hearing thereon, by causing notice thereof to be mailed at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal or application) and all other owners within 500 feet or such additional distance as the Board of Appeals may deem advisable from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Town. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with the notification procedure. Any or all of the notices required by this section shall be issued by the Secretary of the Board of Appeals on order of the Board of Appeals.
Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the preceding subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with the granting of any appeal, variance or issuance of any temporary permit pursuant thereto.
At least 10 days before the date of any public hearing, the Secretary of the Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board shall submit to the Board of Appeals an advisory opinion on said appeal or application at least five days prior to the rendering of a decision.
Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Board may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same, the Zoning Board shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Zoning Board shall find and determine, from the information supplied by the request for a rehearing, that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort and prosperity and the general welfare and that a reconsideration is justified.
§ 155-46 Violations; penalties for offenses.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town Board or the Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
Penalties. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $350 or by imprisonment for six months, or both, for a first offense; for a second offense within five years, by a fine of $350 to $700 or by imprisonment for six months, or both; and for a third or subsequent offense within five years, by a fine of $700 to $1,000 or by imprisonment for six months, or both. Each week that a violation is permitted shall constitute a separate offense.
[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No. 6-2009]
§ 155-47 Development fees.
[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No. 6-2009]
The Town Board shall charge the following categories of fees in such amounts as the Town Board shall determine by schedule of fees adopted at an annual reorganizational meeting, or by resolution from time to time. Fee schedules are available at the Town Hall as adopted by the Town Board. All of the fees herein shall be payable by check to the Town of Marlborough, and the payor shall identify the specific fee(s) for which payment is made.
Schedule of Fees categories. The listing herein shall not be exclusive or deemed to limit other fees authorized by law, rule or regulation.
Planning Board fees.
Site plan review fees.
All such applications made to the Planning Board, for initial or revised approval of site plans, shall be in writing on forms prescribed by the Planning Board and shall be accompanied by a fee determined as follows:
For residential uses only: an application fee consisting of a base amount plus a fee per lot.
For commercial/industrial uses (including tree harvesting, mining and excavating):
Application fee consisting of a base amount plus a fee per 1,000 square feet or part thereof.
Publication. The applicant shall be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.
Documentary and mailing fees. The applicant shall be required to pay for the actual costs of the mailing to all owners who shall receive certified mailing of the notice of public hearing. The applicant shall also be required to pay a fee to cover the costs to the Town of compiling the names and address of all owners who shall receive notice of the public hearing.
Land subdivision.
All such applications made to the Planning Board shall be in writing on forms prescribed by the Board and shall be accompanied by a fee determined as follows: an application fee consisting of a base amount plus a fee per dwelling unit.
All original legal documents required to be filed in the Ulster County Clerk's office in connection with an application shall be submitted to the Town Planning Board Attorney along with the actual costs of filing all necessary documents in the Ulster County Clerk's office. The subdivision map shall not be signed by the Chairman of the Planning Board unless each fee has been paid.
Final plat submission. If a final plat is submitted for only a portion of the major subdivision shown on the approved preliminary plat, an additional filing fee shall be paid for each final section submitted thereafter, plus an amount per lot or dwelling unit not shown on the approved preliminary plat.
Zoning Board of Appeals fees.
Publication. The applicant shall also be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.
Documentary and mailing fees. The applicant shall be required to pay for the actual costs of the mailing to all owners who shall receive certified mailing of the notice of public hearing. The applicant shall also be required to pay a fee to cover the costs to the Town of compiling the names and address of all owners who shall receive notice of the public hearing.
Town Board fees.
Petition to amend Zoning Law.
An application fee consisting of a base amount plus a fee per acre of land.
Publication. The applicant shall also be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.
Documentary and mailing fees. The applicant shall be required to pay for the actual costs of the mailing to all owners who shall receive certified mailing of the notice of public hearing. The applicant shall also be required to pay a fee to cover the costs to the Town of compiling the names and address of all owners who shall receive notice of the public hearing.
Building Department fees.
Building permit fees.
Fee for new structures and additions: an application fee per the schedule of the Town Board.
Alterations and renovations: an application fee per the schedule of the Town Board.
In the event that an application for a building permit is denied, and provided that no construction has commenced, the applicant shall be entitled to a refund of the application fee less the amount of the base fee. There shall be no refund if construction work has commenced prior to a denial.
If, during the course of construction, the Building Inspector or Code Enforcement Officer finds violations of any municipal or governmental regulations, codes or ordinances, then the applicant shall pay an additional fee per each additional inspection of the site to verify remediation of the violation.
A fee for issuance of a certificate of occupancy and/or certificate of compliance.
Other permit fees:
The Building Department is frequently called upon to retroactively issue permits, for various items listed in Subsection F(1) and (2) above due to the applicant's and/or homeowner's failure to timely apply for a proper permit. Recognizing the extra clerical and follow-up enforcement costs to the Building Department necessitated by such delinquent applications, an additional administrative fee shall be charged for the retroactive issuance of permits.
Renewal of a special use permit.
Renewal of an approval for the operation of a home occupation.
Commercial storage tanks.
Blasting permit.
Demolition permits.
Construction of swimming pools and for an extension of time on an existing pool permit.
Heating apparatus (wood furnaces, wood stoves, broilers, fireplaces).
Sign permit.
Clearing and grading permits.
Permit to move or relocate an existing structure.
Annual fire inspection.
Annual site plan inspection fee.
Miscellaneous items:
Miscellaneous letters requested from the Building Inspector.
Requests for copies of certificates of occupancy or certificates of compliance.
Requests for letters relating to flood zones in the Town.
Municipal searches which include copies of certificates of occupancy, reissue of certificates, a street report and a violation report letter (also known as an "archival search").
An additional fee shall be charged when the applicant and/or owner has failed to appear for a scheduled inspection with the Building Inspector or Code Enforcement Officer.
If the Building Inspector or Code Enforcement Officer appears for a scheduled inspection, and the work to be inspection is not yet completed or otherwise ready for inspection, an additional administrative fee shall be charged.
Water District fees.
A fee for turning water on.
A fee for damage or destruction to the water meter due to negligence, freezing or other damage.
A fee upon the filing of an application to connect any service that has been disconnected (also referred to as a "reapplication" fee or the "reactivation of existing service").
A fee upon the filing of an application for the tapping of the water main and appurtenances for residential use by the Town of Marlborough Water Department. The application fee shall cover the water meter, corporation cock, curb valve, curb box, use of tapping machine, up to 25 feet of k copper pipe and up to four hours of work. An additional fee may be assessed for work and supplies in excess of that listed within this subsection.
A fee for the meter and connectors. The fee charged for a tap will vary depending upon the size of the tap.
In the event of special circumstances requiring additional material and labor to be expended by the Town of Marlborough, the following fees shall apply:
For work that requires the Town's use of a backhoe, a fee shall be charged for each hour or portion thereof that the backhoe is used.
For work that requires the Town's use of a dump truck, a fee shall be charged for each hour or portion thereof that the dump truck is used.
For work that requires the Town's use of a compressor, a fee shall be charged for each hour or portion there that the compressor is used.
Water service customers shall reimburse the Town for the actual of costs of k copper piping needed.
For labor, a fee shall be charged for each hour or portion thereof that labor is used.
The applicant/customer will pay the actual cost of all boring underneath road surfaces which are six years of age or less.
§ 155-47.1 Engineering, legal and consulting costs.
[Added 9-14-2009 by L.L. No. 6-2009]
Where the Town Board, Planning Board or the Zoning Board of Appeals uses the services of private engineers, attorneys or other consultants for purposes of engineering, scientific, land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications for special permit approvals under § 155-32 of this chapter, site plan approvals under § 155-31 of this chapter, subdivision approvals under Chapter 134, Subdivision of Land, of the Town Code, use or area variances under Article VIII of this chapter, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, applications for approval under Chapter 141, Trees, or for any other land use or development permits or approvals required from such agencies under the Town Code, as well as to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals, the applicant shall be responsible for payment of all the reasonable and necessary costs of such services. In no event shall that responsibility be greater than the actual cost to the Town of such engineering, legal or other consulting services.
The Town Board, Planning Board, or Zoning Board of Appeals, through or with the assistance of Town planning staff, may require advance periodic monetary deposits, to be held on account of the applicant by the Town of Marlborough, to secure the reimbursement of the Town's consultant expenses. Said initial deposit shall be in an amount set periodically by resolution of the Town Board and deemed to be reasonable and necessary for the review of the proposed action of the applicant. The Town may make payments from the deposited funds for engineering, legal or consulting services. The Town shall supply copies of such vouchers to applicant, appropriately redacted where necessary to shield legally privileged communications between Town officers or employees and the Town's consultants. When it appears that there may be insufficient funds in the account established for applicant by the Town to pay current or anticipated vouchers, the Town shall cause the applicant to deposit additional sums to meet such expenses or anticipated expenses.
In the absence of a tender of payment, the Town shall be under no obligation to issue any permit, permission, resolution, consent or other final determination of the matter under consideration until such time as such tender has been made and/or the dispute has been resolved. Failure to remit in a timely manner, within 30 days, any fee required under this section shall be deemed to be abandonment of the application pending before the Town. In the event of failure to reimburse the Town for fees incurred, the following shall also apply:
The Town may seek recovery of unreimbursed engineering, legal and consulting fees by action venued in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorneys' fees expended by the Town in prosecuting such action.
Alternatively, if the owner is also the applicant, at the sole discretion of the Town, a default in reimbursement of such engineering, legal and consulting fees expended by the Town shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
§ 155-47.2 Inspection costs.
[Added 9-14-2009 by L.L. No. 6-2009[1]]
Where the Town employs the services of private engineers or other consultants for the purpose of inspecting public infrastructure improvements identified on land use approvals or permits as the responsibility of the project sponsor to construct in accordance with such approvals or permits, and which improvements may potentially be accepted by the Town through a process of dedication, the project sponsor shall defray the actual professional consulting expenses incurred by the Town in the course of inspection. The project sponsor shall, as a precondition for the right to commence work, deposit with the Town funds to be disbursed by the Town to cover these actual costs of inspection. The amount of deposit shall be set by the Town Board in an amount equal to 6% of the value of the improvements as concluded within a recommendation of the relevant engineering consultant to the Town.
Where the Town employs the services of private engineers or other consultants for the purpose of inspecting private infrastructure improvements identified on land use approvals or permits as the responsibility of the project sponsor, or its successors, to construct, own, maintain, and repair in accordance with such approvals or permits, and where there is no anticipation in the approvals or permits that the Town will accept the improvements by dedication, the project sponsor shall defray the actual professional consulting expenses incurred by the Town in the course of inspection. The project sponsor shall, as a precondition for the right to commence work, deposit with the Town funds to be disbursed by the Town to cover these actual costs of inspection. The amount of deposit shall be set by the Town Board in an amount equal to 2% of the value of the improvements as concluded within a recommendation of the relevant engineering consultant to the Town. This deposit shall represent a cap on the project sponsor's responsibility for inspection of such private infrastructure improvements.
Any portion of the deposits in this section which are not expended as a result of the inspection process shall be returned to the depositor.
If, at any time during the period of inspection with respect to public improvements, the account falls below 25% of the original amount, the Town may request additional escrow. Such incremental additional deposits, if necessary, shall not exceed 50% of the original deposit amount.
In the event that the escrow account falls below standards identified in this section, the Town's inspections may cease pending further deposit.
In the event of dispute, the Town shall be entitled to exercise the same remedies set forth in § 154-47.1C(1) and (2) of this chapter.
[1]
Editor's Note: This local law also provided that "Section 155-47.2, which serves to replaces the existing fee-based payment of inspection costs with a cost-based method whereby the Town is reimbursed for the actual professional consulting expenses incurred by the Town, shall be effective to all persons who paid the inspection fee on or after May 1, 2007."
§ 155-48 Powers of Town Board.
The Town Board may from time to time on its own motion, or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, after public notice and hearing.
§ 155-49 Review by Planning Board.
Every proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Planning Board shall issue its report within 30 days of the time such amendment is referred to it.
§ 155-50 Public notice and hearing.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
Public notice. By publishing a notice at least 10 days in advance of such hearing in at least one newspaper of general circulation in the Town of Marlborough; such notice shall state the date, time and place of such hearing and the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Personal notice.
By mailing a copy of such notice to every association of residents of the Town which has registered its name and address for this purpose with the Town Clerk.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the clerk of such municipality and to the County Planning Board at least 10 days prior to the date of such hearing.
Opportunity to be heard at hearing. At the public hearing, full opportunity to be heard shall be given to any citizen of the Town of Marlborough and to all parties in interest.
§ 155-51 Interpretation and applicability of provisions.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals and the general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall apply.
§ 155-52 Setbacks and buffers from active agricultural lands.
[Added 11-25-2002 by L.L. No. 8-2002]
Consistent with efforts to preserve and protect agricultural practices with the Town and minimize conflicts between different uses, buffers and greater setbacks shall apply to lands next to active agricultural lands in the RAG-1, R-1 and HD Zones.
These setbacks shall supersede minimum setbacks where the parcel in question directly abuts a parcel which has an active agricultural practice as defined under the Right to Farm Law (Chapter 115) and such agricultural practice takes place within 150 feet of the property line.
The setback shall apply to any habitable structure and shall be a minimum of 75 feet from the property line. These setbacks shall not apply to other than habitable structures.
In addition, for any application for change of use, subdivision, site plan review, building permit or any other construction of addition, there shall be placed within the seventy-five-foot setback from active agricultural lands a buffer which shall have the effect of mitigation or reducing the effects of active agriculture upon the parcel in question.
Such buffer may take the form of a berm, planting of trees for screening effect or similar mechanism. Determination of the extent of the required buffer shall be reasonable and shall be the responsibility of the governing official or board to which the application is made.