Marlborough City Zoning Code

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]

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.

Such uses shall include motels, resort hotels and tourist homes and may be permitted upon approval of the Planning Board, provided that:

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.

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:

Service buildings housing sanitation facilities shall be constructed and maintained in accordance with the following specifications:

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:

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.

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.

Minimum lot size shall be one acre.

Access shall be connected to a public road.

Where adjacent to nonresidential uses, screening may be required by the Planning Board.

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.

(Reserved)[1]

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.

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]

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.

Size, access and construction.

Number of parking spaces required.

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.

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.

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:

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.

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.

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.

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:

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:

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.

Issuance of a permit.

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:

Illumination.

General rules by sign type.

Landscaping.

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]

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:

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.

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]

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.

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.

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.

Removal of nonconforming signs.

Replacement of nonconforming signs.

Any sign erected on or before March 27, 1972, shall not be subject to the removal requirements of this Subsection I for nonconforming and discontinued 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.

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.

Single-family detached houses.

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.

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.

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.

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.

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.

R District.

R-1 District.

C-1 District.

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.

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.

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.

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:

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.

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.

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:

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.

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:

Site plan. The detailed site plan shall show at least the following information:

A digital copy of the proposed site plan shall be submitted in PDF format.

The site design will be reviewed with consideration of the existing and planned development of contiguous lands and adjacent neighborhoods.

The site design will seek to minimize material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.

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.

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.

On-site circulation.

Drainage.

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.

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:

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.

Signs. All signs shall comply with the sign regulations of § 155-28 of this chapter.

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.

Landscaping and screening.

Action by resolution.

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:

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.

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 provisions of Subsections B(2), (3) and (4), H, I, and K of § 155-31 are incorporated herein by reference and shall apply to minor site plan review as if fully set forth herein.

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:

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.

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.

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.

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.

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.

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.

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.

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 use of best management practices in the protection of streams, steep slopes, wetlands, floodplains and other natural features.

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.

All diagrams and plans must include the following:

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.

Applicability.

Roof-mounted solar energy systems.

Ground-mounted solar energy systems.

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:

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:

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:

Special use permit standards.

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.

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.

Provide a completed annual permit application, including:

Provide a completed annual permit application, including:

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:

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.

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.

All cannabis on-site consumption establishments and cannabis retail dispensaries shall be subject to site plan review pursuant to § 155-31 of this chapter.

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.

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.