Town of Marlborough, NY Article VI Supplementary Regulations Governing Certain Uses

§ 155-18 Amusement, recreation and vacation uses.

A. Outdoor recreation facilities.

(1) Such uses shall include golf courses, swimming pools, tennis courts, ice-skating rinks, ski runs and ski trails.

(2) No building or structure shall be located within 100 feet of any property line.

(3) 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.

(4) 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Note: Former Subsection A(5), regarding public address systems and which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 4-2010.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).

(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]

B. Tourist and vacation buildings.

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

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(2) 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.

C. 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:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) No electrical outlets are required for individual camping spaces.

(6) Sanitation facilities shall be furnished in accordance with the following specifications:

(a) One toilet for each sex for every five units or fraction thereof.

(b) Each toilet room for men shall have, in addition, one urinal stall.

(c) One lavatory for each unit of three toilets or less and one lavatory for every three toilets, where additional toilets are provided.

(d) One shower for each sex for every five units or fraction thereof. Bathtubs are prohibited.

(e) Slop sinks or basins and laundry tubs, with water supply to be provided to serve each five units.

(f) 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.

(g) Each toilet and shower for which provision is made in Subsection C(6)(f) above shall be in a private compartment or stall.

(h) 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.

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

(a) They shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

(b) 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.

(c) 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.

D. Seasonal dwelling unit conversions.

[Added 6-13-2016 by L.L. No. 1-2016]

(1) 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.

(2) 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:

(a) Safe and adequate ingress and egress.

(b) Adequate construction to provide sufficient protection from the elements.

(c) Proper installation of heating, plumbing, water, sewage and lighting facilities, in accordance with appropriate codes for new construction.

§ 155-19 Community facilities.

A. Community buildings, clubs, lodges and fraternal organizations.

(1) All buildings shall be a minimum of 20 feet from any property line, except where greater distances are required herein.

(2) In the R-1 District, where permitted, there may be included retail sales for members and guests only.

(3) 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.

B. Essential services. Such uses shall include electric substations, transformers, switches, sewage treatment plants, auxiliary apparatus serving a distribution area and water pumping stations.

(1) Such facilities shall be so located as to draw a minimum of vehicular traffic to and through residential streets.

(2) The location, design and operation of such facilities shall not adversely affect the character of the surrounding residential area.

(3) 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.

C. Waterfront parks. Public parks adjacent to the Hudson River or its tributaries may be permitted in any zoning district, subject to the following conditions:

(1) Minimum lot size shall be one acre.

(2) Access shall be connected to a public road.

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

§ 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:

A. Environmental quality review. Such review shall be employed in considering proposed reuses of recyclable agricultural buildings.

B. 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:

A. They shall be set back 50 feet from the edge of the right-of-way.

B. The space for parked vehicles is to be level, well-drained and covered with gravel.

C. 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.

D. Site review and approval by the Planning Board is required.

E. Written authorization of the property owner is required.

§ 155-23 Home occupations.

All home occupations shall meet the following conditions:

A. 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.

B. 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.

C. 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]

D. 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.

E. 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.

F. 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:

A. It shall be located on a single parcel of land of not less than 50 acres.

B. Takeoffs and landings shall be only during daylight hours.

C. It shall be operated only by members of the resident family for agriculturally-related commercial purposes.

D. 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:

A. The maximum site area shall be five acres.

B. The site shall be screened from adjacent uses by plantings acceptable to the Planning Board.

C. Such use shall comply with the requirements of § 136 of the General Municipal Law, as it may be amended.

§ 155-26 Mining and excavation.

A. 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.

(1) 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]

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection A(2), requiring the applicant to submit two copies of the proposed plan of excavation, was repealed 3-8-1999 by L.L. No. 1-1999.

(3) 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.

(4) The proposed finished grading plan shall show the land to be smooth graded and topsoil or other suitable material respread.

(5) 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]

(6) 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.

(7) 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.

B. 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:

(1) 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.

(2) 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.

(3) No quarry operation shall emit an injurious amount of dust, noise or vibration beyond the geographical limits of such quarry.

(4) 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.

(5) 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.

(6) 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.

A. 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.

(1) Size, access and construction.

(a) 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]

(b) 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.

(c) 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.

(2) Number of parking spaces required.

(a) 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.

(b) 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

(3) 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.

(4) 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]

(5) 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]

B. Off-street loading.

(1) 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

(2) 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]

(3) 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.

(4) 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.

C. 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.

D. Automobile service and filling stations.

(1) 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.

(2) 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]

A. Legislative intent and purpose.

(1) 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.

(2) 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:

(a) 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;

(b) Protect and enhance the unique visual qualities of Marlborough;

(c) Encourage the installation of appropriate signs that harmonize with the buildings, neighborhood, and other signs in the area;

(d) Eliminate excessive and unsightly competition for visual attention through signs;

(e) Safeguard the general public by elimination of signs which may distract a motorist and/or contribute to the hazards of driving;

(f) Safeguard objects having special aesthetic interest or value;

(g) Preserve citizens' rights to a customary means of earning a living;

(h) Facilitate the reasonable needs of businesses to identify themselves in ways harmonious with their landscapes;

(i) Foster, encourage and provide uniformity and or continuity of visual characteristics within the community;

(j) Maintain a standard of quality of all signs;

(k) Regulate without regard to commercial or noncommercial content;

(l) 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.

B. Word usage and definitions.

(1) 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.

(2) For the purposes of this section, § 155-28, the following terms shall have the meanings indicated:

A-FRAME, EASEL SIGN or SANDWICH BOARD

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.

AGRICULTURAL SIGN

A sign identifying an agricultural operation, including pick-your-own produce or pick your own plants and trees.

AWNING or CANOPIES

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.

AWNING SIGN

Any visual message, symbol, trade mark, insignia, pattern, color, lighting or letters on an awning.

BANNERS

A piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff, wire, rope or other support.

BENCH SIGN

Any sign painted on or otherwise attached to a bench or other seat meant to be seen by the public.

BILLBOARD

An off-premises sign which is leased or rented for profit.

BUSINESS SIGN

A sign that directs attention to a permitted business or profession conducted on the premises, including permitted home occupations.

COMMUNITY DIRECTORY SIGN

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.

CONSTRUCTION PROJECT SIGN

A temporary nonilluminated sign denoting the architect, engineer and/or contractor when placed on a site under construction.

DIRECTIONAL SIGN

A sign located on premises which provides traffic flow information, such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk," "Watch for Pedestrians," etc.

DIRECTORY SIGN

A listing of two or more businesses for identification purposes consisting of two or more horizontal crosspieces on a common matrix or support.

EVENT SIGN

Temporary and nonpermanent signs covering dated activities such as sporting, religious, social, and entertainment events.

FREESTANDING SIGN

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.

GROUND

Natural earth, soil or pavement surface at the sign location.

HISTORICAL MARKERS

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.

HOME OCCUPATION SIGN

A sign identifying a permitted home occupation on the property where the home occupation is located.

INFLATABLE SIGN

A sign that is supported by any type of inflation and is either attached to a permanent structure, freestanding or tethered.

LADDER SIGN

A freestanding sign with two vertical supports with horizontal crosspieces serving as individual signs for identification.

LIGHTED SIGN

Any sign designed to give forth light or reflect artificial light directed at it.

(a) EXTERNALLY ILLUMINATED A sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.

(b) FLASHING 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.

(c) ELECTRONIC 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.

(d) ILLUMINATED 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.

(e) INTERNAL RADIATION A sign which is illuminated as a result of electrification or radioactivity of a gaseous material or substance, such as neon.

(f) INTERNALLY ILLUMINATED 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.

(g) PROJECTION A sign in which light projected on to a surface forms the sign.

MONUMENT SIGN

A freestanding sign with a base affixed to the ground.

MULTIPLE DWELLING SIGN

A sign identifying a building in a multiple dwelling complex.

NAMEPLATE

A business or professional sign identifying a professional tenant of the site. Each sign shall be affixed to the building exterior wall or door.

NONCOMMERCIAL SIGN

A sign containing copy that does not promote a business, commodity, service, or commercial entertainment.

OFF-PREMISES SIGN

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.

PERSON

Includes an individual, corporation, society, association, partnership, trust, organization or other entity, public or private.

POLE SIGN

A freestanding sign supported by a single vertical pole.

POLITICAL CAMPAIGN SIGN

A temporary sign which concerns candidates or issues before the voters in connection with any national, state, or local election.

PORTABLE SIGN

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.

POST-AND-ARM SIGN

A freestanding sign comprised of a vertical post to which perpendicular arm(s) may be attached and from which the sign hangs.

POSTER

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.

PREMISES SIGN

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.

PRIMARY SIGN

Principal sign that identifies the business or service to the passerby.

PRIVATE SALE SIGN

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.

PROJECTING SIGN

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.

REAL ESTATE SIGN

A sign advertising the sale, lease or rental of the premises on which the sign is located.

REVERSE CHANNEL SIGNS

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.

ROOF SIGN

A sign erected on a roof or that is part of the roof.

SIGN

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.

SIGN AREA

The area of a sign measured as follows:

(a) 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;

(b) 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.

SUBDIVISION SIGN

A sign located at the entrance to a subdivision identifying the neighborhood or community by name.

TEMPORARY SIGN

Any sign that is displayed only for a specified period of time and is not permanently mounted.

WALL SIGN

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.

WINDOW SIGN

Any advertising sign displayed, affixed or painted on or within any window, show window, or window screen that is visible from the building exterior.

C. Permits.

(1) 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.

(2) 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.

(3) Application and fees.

(a) A written application shall be submitted to the Code Enforcement Officer or Building Inspector on a form prescribed by the Town.

(b) 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.

(c) An elevation drawing shall be included with the application providing a full description of the placement and appearance of the proposed sign showing:

[1] Sign construction details, including materials;

[2] Sign dimensions;

[3] Sign colors;

[4] Lettering and other matter on the sign;

[5] Method of illuminations, if any, and the position of lighting or other extraneous devices, and a copy of the wiring diagram(s) for the electrical connections.

(d) Written consent from the land owner or authorized representative if the applicant is not the owner.

(e) 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.

(4) Issuance of a permit.

(a) 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:

[1] 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

D. General Provisions.

(1) 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:

(a) Flashing signs.

(b) Freestanding exterior directory signs listing business occupants of any building, unless part of a master sign plan approved by the Planning Board.

(c) Inflatable signs.

(d) Off-premises signs, including billboards, except that agricultural signs and signs erected by the Town of Marlborough shall be allowed.

(e) Portable signs.

(f) Posters.

(g) Projection signs.

(h) Signs which have any visible moving parts, including signs that achieve movement by action of wind currents.

(i) 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.

(j) 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.

(k) Signs on public property or a public right-of-way, other than signs erected by a governmental agency.

(l) Signs obstructing any fire escape, means of ingress and/or egress, or other required exit way or window.

(m) Signs obstructing any opening required for ventilation, venting or other access that may constitute a hazard to public health and safety.

(n) Sign attached to utility poles, other than utility company informational signs.

[1] Editor's Note: Said tables are included as attachments to this chapter.

(2) Illumination.

(a) Neon signs, except for reverse channel signs, are not permitted except as window signs.

(b) 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.

(c) 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.

(3) General rules by sign type.

(a) Freestanding signs.

[1] No freestanding sign may be located less than 50 feet from any other freestanding sign.

[2] 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.

[3] For freestanding signs, height shall be measured from the ground to the top of the sign.

[4] 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°.

(b) Wall signs.

[1] 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.

(c) All sign types.

[1] Shall be constructed of durable materials and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited.

[2] A sign is not an accessory structure.

(4) Landscaping.

(a) The Planning Board and/or Building Inspector shall require that landscaping be used and maintained at the base of all freestanding signs.

E. Schedule of sign regulations.

(1) 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.

(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:

(a) 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.

(b) Signs in the Highway Development District (HD), Industrial District (I), and for properties in the approved Business Corridor District (BC) see Table 3.

(c) 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.

(3) 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.

F. 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:

(1) 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.

(2) 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.

(3) 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.

(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.

G. 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:

(1) Signs shall be a subordinate part of the streetscape;

(2) Whenever feasible, multiple signs shall be combined into one to avoid clutter;

(3) Signs shall be as close to the ground as possible, consistent with legibility considerations;

(4) 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;

(5) Light lettering on dark background which enhances legibility is preferred for all signs.

H. Maintenance requirements.

(1) 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.

(2) 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.

(a) 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.

(b) 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.

I. Nonconforming signs.

(1) Removal of nonconforming signs.

(a) Nonconforming signs other than billboards.

[1] 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.

[2] 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.

[3] 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.

(2) Replacement of nonconforming signs.

(a) 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.

(b) Any increase in size, illumination or flashing or other nonconformity of a sign shall not be permitted.

(c) 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.

(3) 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.

J. Abandoned signs.

(1) 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.

(2) 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.

(3) 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.

K. 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.

L. Interpretation of provisions.

(1) 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.

(2) 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.

M. 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:

A. 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.

B. Standards.

(1) Single-family detached houses.

(a) 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

(b) 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.

(2) 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.

(3) Buildings with more than two and not more than six dwelling units shall be eligible for the multiple dwelling provisions of residential cluster developments.

C. 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.

D. 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:

(1) 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.

(2) 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.

E. Disposition of dedicated areas.

(1) Dedicated areas, if accepted by the Town Board, may be deeded to Town ownership and control for its dedicated purpose; or

(2) 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.

F. 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.

A. Lot, yard and density regulations.

(1) The minimum project area shall be three acres, with a minimum lot width of 200 feet.

(2) Residential units may be attached or detached with designs to be approved by the Planning Board and consistent with density requirements.

(3) Multiple dwellings shall be consistent with lot, yard and height requirements for multiple dwellings in § 155-30.

(4) Maximum density shall be 10 units per acre.

B. Planning Board review. Required information and Planning Board review shall be as set forth in § 155-31, Site plan review.

C. 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:

A. Minimum lot area shall be 10 acres.

B. 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]

C. Building enclosures for animals shall be soundproofed to comply with the requirements of § 60-5B.

D. Kennel areas shall be maintained so as to comply with the requirements of § 60-5C.

E. Animals may be permitted outside of building enclosures between the hours of 8:00 a.m. and 6:00 p.m.

F. 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.

A. Lot, yard and density regulations.

(1) The minimum project area shall be three acres, with a minimum lot width of 200 feet.

(2) Residential units may be attached or detached with designs to be approved by the Planning Board and consistent with density requirements.

(3) Maximum density shall be eight units per acre.

(4) All residential units must be served by and utilize public water and public sewer service.

(5) 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.

B. Planning Board review. Required information and Planning Board review shall be as set forth in § 155-31, Site plan review.

§ 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.

A. Lot, yard and density regulations.

(1) R District.

(a) Minimum lot area shall be three acres, with a minimum lot width of 200 feet.

(b) Maximum lot coverage shall be 15%.

(c) Lot shall be served by and utilize public water and sewer.

(d) Setbacks for front yard shall be 40 feet, each side yard 30 feet and rear yard 30 feet.

(e) Maximum density shall be six dwelling units per acre.

(2) R-1 District.

[Added 8-25-2014 by L.L. No. 1-2014[1]]

(a) Minimum lot area shall be 10 acres.

(b) Lots shall be served by and utilize public water and sewer.

(c) 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.

(d) Maximum density shall be six dwelling units per acre.

(e) 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.

[1] Editor's Note: This local law also repealed former Subsection A(2), C-1 District, and Subsection A(3), C-2 District.

(3) C-1 District.

[Added 9-24-2018 by L.L. No. 5-2018]

(a) Minimum lot area shall be 5,000 square feet.

(b) Lots shall be served by and utilize public water and public sewer.

(c) Setbacks for front yard shall be minimum five feet, each side yard may be zero feet, and rear yard shall be minimum 20 feet.

(d) 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.

(e) 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.

(f) 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.

B. Design standards.

(1) 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]

(2) 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]

(3) 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.

(4) 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]

A. 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.

B. Applicability.

(1) 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:

(a) 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]

(b) New principal uses and accessory uses, except for one- and two-family dwellings and related accessory uses.

(c) 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.

(2) 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.

(3) 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.

(4) 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.

C. 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]

(1) Residential projects consisting of 50 or more units to be served by private water and sewer supply;

(2) Residential projects consisting of 250 or more units to be connected to municipal sewer and water supply; and

(3) 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.

D. 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]]

(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.)

(2) A map of the site showing approximate location of:

(a) Lot lines;

(b) Approximate lot measurements;

(c) Existing and proposed streets or other accessways;

(d) Proposed location of future roadway connections between the subject parcel and adjacent parcels;

(e) Location and dimensions of existing and proposed structures and paved areas;

(f) Proposed ingress and egress of the site;

(g) Site topography;

(h) 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;

(i) Photographs of the site and buildings thereon; and

(j) Any other similar descriptive data to clarify the proposed project.

(3) 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.

(4) 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.

E. 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:

(1) Application form: a completed application on forms prescribed by the Planning Board.

(2) 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.

(3) 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) A description of the proposed project;

(b) [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.

(c) An analysis of how the project complies with the requirements contained within this Chapter 155, Zoning; and

(d) An identification of any waivers or variances needed.

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

(a) 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.

(b) North arrow, scale and date.

(c) Boundaries of the property with surveyed dimensions.

(d) Names of all owners of record adjacent to the applicant's property.

(e) Existing school district (if applicable), zoning district, and overlay district boundaries (if applicable), within 500 feet of the site's perimeter.

(f) 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.

(g) 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.

(h) 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.

(i) Location of all existing buildings, structures, signs, and agricultural lands, on adjacent property within 100 feet of the subject lot lines.

(j) 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.

(k) 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.

(l) Any cross-access easements, walkways and bicycle path opportunities associated with the project.

(m) 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.

(n) 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.

(o) 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.

(p) The location, design and construction materials of all existing and proposed utility systems, including:

[1] Water supply system.

[2] Sewage disposal.

[3] Telephone, cable and energy systems, including electric, oil, gas, solar or other energy system.

[4] Storm drainage system, including but not limited to existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, manholes, and drainage swales.

(q) 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.

(r) The location, type, and screening details for solid waste disposal facilities and containers.

(s) The proposed location, height, orientation, type of illuminating device, bulb type and wattage, and photometric data of all outdoor lighting fixtures.

(t) 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.

(u) Estimates of noise generation at the source and property line.

(v) Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.

(w) Plans for the disposal of construction and demolition, waste, whether on-site or at a New York State approved solid waste management facility.

(x) Parks and open space.

[1] 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.

[2] 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.

[3] 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.

[4] 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.

(y) 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]

(z) Proposed days and hours of operation.

(aa) Supporting materials. The following materials shall be submitted:

[1] A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.

[2] A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.

[3] Enforceable map notes of stormwater drainage, utility rights-of-way, etc.

[4] 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]

[5] 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.

[6] 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.

(bb) Identification of ridgeline and steep slope protection elevations identified within § 155-41.1 of this chapter.

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

F. 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.

G. 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.

(1) 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]

(2) 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]

(3) 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.

(4) 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.

(5) 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.

(6) Building design.

[Amended 5-9-2011 by L.L. No. 3-2011]

(a) 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.

(b) Rooftop and ground-level mechanical equipment shall be screened from public view to the maximum extent practicable.

(c) New structures shall be sited and located to take advantage of solar access insofar as practical.

(7) 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.

(8) Access.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(9) On-site circulation.

[Amended 5-9-2011 by L.L. No. 3-2011]

(a) 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.

(b) 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.

(c) 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.

(10) Drainage.

(a) 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]

(b) 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.

(11) 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]

(12) 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.

(13) 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:

(a) Suitable location for and access to fire hydrants and/or fire ponds and other water storage.

(b) Suitable access to buildings and storage areas for operation of fire protection vehicles and equipment.

(c) Sufficient controls on traffic and parking to permit access by fire protection vehicles in emergencies.

(d) Adequate circulation driveways within the lot, coordinated with access to other lots, to permit access by fire protection vehicles.

(14) 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]

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

(16) 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]

(17) Landscaping and screening.

[Amended 5-9-2011 by L.L. No. 3-2011]

(a) 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.

(b) 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.

(c) The preservation of existing landscape features such as wetlands and woodlots should be encouraged as a design.

(d) 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.

(e) Open space shall be an integral part of the overall site design.

(f) 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.

(g) 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.

(h) All playground areas shall be reasonably screened from the view of the adjacent residential lots and streets.

H. 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.

I. 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.

(1) Action by resolution.

(a) 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.

(b) 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.

(2) 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) A record of application for any and all necessary permits from federal, state and county officials.

(b) Detailed sizing and final material specifications of all required improvements.

(c) 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.

(d) 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.

(3) 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.

J. 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.

K. 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]

L. 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.

M. Density. When a density calculation is to be made for the purposes of site plan review, it will be a net density calculation.

N. 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.

O. Minor site plan review.

[Added 4-12-2021 by L.L. No. 2-2021]

(1) 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.

(2) 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.

(3) 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.

(4) Minor site plan application requirements. The application requirements shall include, but not be limited to, the following:

(a) 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.

(b) 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:

[1] The address of the site.

[2] The name of the applicant.

[3] Site zoning.

[4] The name of the proposed business (if applicable).

[5] A description of the existing site and use.

[6] A description of the intended site development and use.

[7] Anticipated impacts on services (i.e., traffic, water, sewer).

[8] The impact on adjoining property (i.e., noise, visual, drainage, other).

[9] The proposed gross floor area.

[10] The number of parking spaces.

[11] The number of employees (if applicable).

[12] Hours of operation.

(c) A site plan outlining the proposed design showing:

[1] Address of the property.

[2] Boundary lines of property.

[3] Names and uses of all adjoining property owners.

[4] Location and names of existing streets.

[5] Existing zoning district.

[6] Existing and proposed buildings and other improvements.

[7] Existing and proposed parking.

[8] Number of parking spaces and analysis of parking requirement.

[9] Access.

(d) Any other information, document, or material required elsewhere in this chapter in respect of short-term rentals, bed-and-breakfasts and home occupations.

(5) 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.

A. All special uses shall be subject to the additional review and approval requirements of § 155-31 dealing with site plan review.

B. 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.

C. Public hearing and notice.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

D. Disposition of application by Planning Board.

(1) 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.

(2) 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.

E. 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:

(1) 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.

(2) 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.

(3) 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]

(4) 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]

(5) 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]

(6) 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]

(7) Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.

(8) [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:

(a) 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.

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

F. 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.

G. 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]

H. 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]

I. 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.

J. 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).

K. 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.

L. 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]

M. 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.

N. 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.

O. 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]

A. 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.

B. 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.

ALTERNATIVE ENERGY SYSTEMS

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.

AREA OF USE

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.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS

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.

CESSATION OF OPERATION

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.

COLLECTIVE SOLAR

Solar installations owned collectively through subdivision homeowner associations, college student groups, adopt-a-solar-panel programs, or other similar arrangements.

COMMUNITY NET METERING

As provided for by the New York State Public Service Commission.

FLUSH-MOUNTED SOLAR PANEL

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.

GROUND-MOUNTED, FREESTANDING, or POLE-MOUNTED SOLAR ENERGY SYSTEM

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.

KILOWATT (kW)

Equal to 1,000 watts; a measure of the use of electrical power.

MEGAWATT (MW)

Equal to 1,000 kilowatts; a measure of the use of electrical power.

NET METERING

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.

OFF-SITE USE

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.

ON-SITE USE

A solar energy system designed to be used primarily by the building and/or parcel on which it is located.

PHOTOVOLTAIC (PV) SYSTEMS

A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

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.

REMOTE NET METERING

As provided for by the New York State Public Service Commission.

ROOFTOP or BUILDING-MOUNTED SOLAR SYSTEM

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.

SOLAR ACCESS

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.

SOLAR COLLECTOR

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.

SOLAR EASEMENT

An easement recorded pursuant to New York Real Property Law § 335-b.

SOLAR ELECTRIC GENERATING EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM or SOLAR ENERGY FACILITY

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

(1) SOLAR ENERGY SYSTEM, LARGE SCALE A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site use, sale, or consumption.

(2) SOLAR ENERGY SYSTEM, SMALL SCALE 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.

(3) SOLAR ENERGY SYSTEM, SUBDIVISION USE 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.

SOLAR GARDEN

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.

SOLAR INVERTER

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.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR THERMAL SYSTEMS

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.

TILT

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.

TRUE SOLAR NOON

When the sun is at its highest during its daily east-west path across the sky.

C. 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.

D. General requirements.

(1) All solar energy system installations shall be performed by a qualified solar installer.

(2) 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.

(3) Solar energy systems shall meet New York's Uniform Fire Prevention and Building Code and National Electrical Code standards.

(4) 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.

(5) Specification sheets for all manufactured components shall be required.

(6) All diagrams and plans must include the following:

(a) Project address, section, block and lot number of the property;

(b) Owner's name, address and phone number;

(c) Name, address and phone number of the person preparing the plans; and

(d) System capacity in kW-DC.

(7) 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.

(8) Safety.

(a) Solar energy systems shall be maintained in good working order.

(b) All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties.

(c) 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.

(d) Information required in Subsection D(4) must be provided to the Fire Department that is obligated to respond to a call from that location.

E. Solar thermal systems and building-integrated photovoltaic (BIPV) systems are permitted outright in all zoning districts, subject to the issuance of a building permit.

F. 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.

G. Small-scale solar energy system as accessory use or structure.

(1) Applicability.

(a) 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.

(b) 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.

(c) No small-scale solar energy system or device shall be installed or operated in the Town of Marlborough except in compliance with this section.

(2) Roof-mounted solar energy systems.

(a) 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.

(b) 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.

(c) 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.

(3) Ground-mounted solar energy systems.

(a) Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in all zoning districts.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

H. Standards for solar energy system, subdivision use.

(1) 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:

(a) 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.

(b) 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.

(c) The solar energy system shall be located on one or more buildable lots of the subdivision.

(d) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.

(e) A homeowners' association shall be established for the operation and maintenance of the solar energy system.

(2) 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:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) All solar energy production facilities shall be designed and located in order to prevent reflective glare onto roadways or adjacent structures.

(f) 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.

(g) 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.

(h) 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.

(i) Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.

(j) Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.

(k) 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.

(l) 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.

(m) The applicant shall provide the means of restricting access by the public to the solar collector and indicate such on the site plan.

(n) 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.

(o) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(p) Proposed covenants and restrictions and a management plan for the proposed homeowners' association (HOA).

(q) A decommissioning plan, as detailed in § 155-32.2J, shall be prepared. Compliance with this plan shall be made a condition of the issuance of site plan approval under this section.

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

(1) 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.

(2) Special use permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions:

(a) 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.

(b) Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(c) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

(3) Special use permit standards.

(a) 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).

(b) Area of use. The area of use for a large-scale solar energy system shall be a maximum of 20 acres.

(c) 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.

(d) All solar energy production facilities shall be designed and located in order to prevent reflective glare onto roadways or adjacent structures.

(e) 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.

(f) 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.

(g) Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.

(h) Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.

(i) 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.

(j) 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.

(k) 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.

(l) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(m) A decommissioning plan, as detailed in § 155-32.2J, shall be prepared. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section.

J. Decommissioning plan for solar energy system, large scale, and solar energy system, subdivision use.

(1) Any use which requires approval by the Planning Board shall include a decommissioning plan approved by the Planning Board.

(2) 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.

(3) 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.

(4) The plan shall state disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations.

(5) The plan shall include an expected timeline for execution.

(6) 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.

(7) 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.

K. Abandonment and removal of small-scale solar energy system.

(1) Any solar energy facility which ceases to operate shall be wholly removed from the site.

(2) 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.

(3) 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.

(4) 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.

L. Enforcement. Any violation of this solar energy section shall be subject to the same enforcement procedure and penalties provided for in this Chapter 155.[6]

[6] Editor's Note: Former Subsection M, regarding property tax exemptions, was repealed 2-24-2020 by L.L. No. 2-2020.

§ 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:

A. Application process and required submittals.

(1) Provide a completed annual permit application, including:

(a) 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.

(b) 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.

(c) A garbage removal plan (garbage receptacles cannot be left out for more than 24 hours before and after pickup).

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. Failure to comply with the requirements of this section will result in denial of short-term rental unit applications.

K. Three or more violations of local laws may lead to revocation or nonrenewal of an approved short-term rental unit operating permit.

L. The use and occupancy of all or any part of a multiple dwelling as a short-term rental unit is strictly prohibited.

M. 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:

A. Application process and required submittals.

(1) Provide a completed annual permit application, including:

(a) 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.

(b) 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.

(c) A garbage removal plan (garbage receptacles cannot be left out for more than 24 hours before and after pickup).

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. Failure to comply with the requirements of this section may result in denial of a bed-and-breakfast application by the Building Department.

K. 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.

L. 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.

A. 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.

B. 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.

C. 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.

D. General requirements.

(1) No cannabis establishment shall be operated except in compliance with the provisions of this chapter.

(2) 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.

(3) The location of cannabis establishments shall be authorized in conformity with § 155-12, Use regulations, of the Town of Marlborough Zoning Code.

(4) A cannabis establishment shall be wholly contained within a building or structure. No outdoor on-site consumption establishments shall be permitted.

(5) 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.

(6) Cannabis Establishments shall not be located within a 500-foot radius from:

(a) Any school pre-k through grade 12;

(b) 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;

(c) Any other cannabis establishment;

(d) Any drug or alcohol rehabilitation facility;

(e) Any correctional facility, half-way house or similar facility; or

(f) Any building containing a place of worship; or

(g) Any Town building or Town park.

(7) 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.

(8) 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.

(9) No outside storage of cannabis, related supplies or promotional materials shall be permitted. Any signage must be in conformity with this chapter.

(10) On-site consumption of cannabis products is prohibited within or on the grounds of a permitted cannabis retail dispensary.

(11) Cannabis-related land uses shall not be permitted as home occupations or accessory uses in any zoning district.

E. Approvals required.

(1) 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.

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

F. Additional requirements for cannabis on-site consumption establishments and cannabis retail dispensaries.

(1) Provide sufficient lighting during and after hours of operation.

(2) Adequate facilities and personnel for secure disposal of trash and other debris.

(3) Continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.

(4) 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.

(5) Outdoor use of sound reproduction devices, including but not limited to loudspeakers and amplifiers on the premises, shall be prohibited.

G. Signs.

(1) 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.

(2) 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.

H. 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.