Statement of purpose.

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.

Construction control limitations. Disturbance of steep slopes shall be limited to the following based on indicated slopes:

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.

Ridgeline protection requirements.

Violations; penalties for offenses.

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.

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.

Water supply and sewage disposal.

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:

Issuance of permits.

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.

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.

Procedure for appellant.

Procedure for Building Inspector.

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.

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.

Where applicable, notices shall be given to the Ulster County Planning Board and other agencies, as required by General Municipal Law §§ 239-l and 239-m.

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.

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.

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.

Zoning Board of Appeals fees.

Town Board fees.

Building Department fees.

Water District fees.

Sewer District fees.

Driveway permits.

Mobile homes and courts.

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:

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.