[Amended 12-15-2015 by L.L. No. 3-2015]
Any person may conduct a business, trade or
profession from their residence as an accessory use, in accordance
with the following standards:
A.
There shall be no indication of the home occupation
from the exterior of the building, except for one freestanding sign
not exceeding six square feet per face in area and one wall sign not
exceeding two square feet. No modification to an existing structure
shall alter its residential character or scale.
B.
Home occupations in the principal residence. A home
occupation housed in the principal residence on site shall meet all
requirements for habitable space and shall not exceed 15% of the floor
area of the structure.
(1)
No more than one person not residing in the dwelling
unit may be employed in the home occupation.
(2)
Inventory and supplies shall not occupy more than
50% of the area permitted to be used as a home occupation.
(3)
No materials or equipment used in the home occupation
shall be stored or displayed outside the dwelling.
C.
Home occupations in accessory structures. Home occupations
conducted in approved accessory structures shall comply with the following
standards:
(1)
The floor area designed for and allotted to the home
occupation shall not exceed 1,000 square feet of total floor area.
(2)
No more than two persons who are not residents of
the dwelling unit shall be employed in the home occupation.
(3)
No materials or equipment used in the home occupation
shall be stored or displayed outside the accessory structure.
D.
At least one, but no more than three, off-street parking
spaces shall be provided for a home occupation, in addition to those
required for the principal residential use. Such space may be provided
in the driveway but not elsewhere in any required front yard.
E.
The home occupation shall not result in traffic, noise,
vibration, odor, smoke, glare or electrical interference beyond that
normally generated by permitted uses in the same zoning district.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition, or cause public hazard. For excavations for soil mining, see § 200-46 of this article.
In any district, the following standards for
activities shall apply:
A.
No offensive or objectionable vibration or glare shall
be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason
of fire, explosion, radiation, or other such cause, to persons or
property in the same or an adjacent district.
C.
There shall be no discharge of any liquid or solid
waste into any stream or body of water or any public or private disposal
system or into the ground, of any materials of a nature that may contaminate
any water supply, including groundwater supply.
D.
There shall be no storage of any materials either
indoors or outdoors in such a manner that it facilitates the breeding
of vermin, or endangers health in any way.
E.
The emission of smoke, fly ash, or dust which can
cause damage to the health of persons, animals, or plant life or to
other forms of property shall be prohibited.
After the planned right-of-way line for future
streets, for future extensions of existing streets, or for future
street widening is established on the Official Map, if any, buildings
and structures shall be set back from such line as though it were
a street line.
Accessory buildings not attached to principal
buildings shall be located no closer to the principal building than
12 feet or a distance equal to the height of each accessory building,
whichever is greater. In a residential district, accessory uses not
enclosed in a building, including swimming pools and tennis courts,
may not be located in front yards of such lot and shall be distant
not less than 10 feet from any lot line.
For the purpose of minimizing traffic hazards
at street intersections, on any corner lot, no obstruction between
a height of 2 1/2 feet and 10 feet above the adjacent center-line
elevation shall be permitted to be planted, placed, erected or maintained
within the triangular area formed by the intersecting pavement lines,
or their projections, where corners are rounded, and a straight line
joining the pavement lines at points 50 feet distant from their point
of intersection.
Where a lot in a business district abuts a lot in a residence district, there shall be provided along such side or rear lot line in the business district abutting a residence district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot wall, or fence, chain-link fence covered with an evergreen vine, or compact evergreen hedge. Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of § 200-40D(2)(d) and (g).
[Amended 4-24-2003 by L.L. No. 2-2003]
A.
Policy. It is the policy of the Town of Marbletown
to:
(1)
Encourage farm operations, particularly in agricultural
districts designated under Article 25-§ of the Agriculture and
Markets Law, so as to promote production of food and other agricultural
products on its agricultural lands and to preserve open space and
the rural character of the Town; and
B.
Standards applying to agricultural districts.
(1)
All farm operations within designated agricultural
districts are permitted in any zoning district by right, subject only
to the following standards:
(a)
All permanent structures shall comply with the
minimum setbacks of the district in which they are located.
(b)
Temporary greenhouses shall be set back at least
50 feet from all street and property lines.
(c)
Unenclosed storage of manure, dead fowl or other
odor- or dust-producing substances or uses shall be set back at least
100 feet from any street or property line.
(2)
Continuing activities directly related to farm operations,
such as "pick your own" produce, mazes which are integrated with crop
production or similar activities are permitted by right, subject to
provision of adequate off-street parking areas for patrons.
(3)
Occasional commercial or educational uses oriented
to or based on agricultural activities are also permitted by right.
Each such use may take place no more than two times in any calendar
year on land used for farm operations, for a period of up to two weeks
each. Such uses may include agricultural fairs, demonstrations of
agricultural activities or similar activities. Activities for a greater
duration or which are expected to generate average daily attendance
of 500 or more people shall only be permitted following issuance of
a special use permit.
C.
Standards applying outside of agricultural districts.
(1)
All farm operations other than those involving the
keeping of livestock are permitted by right in any zoning district,
subject to the following standards:
(2)
Commercial farm operations involving the keeping of
livestock shall only be permitted in an A-2, A-3 or A-4 Zoning District,
subject to issuance of a special permit and compliance with the following
standards:
[Amended 12-15-2015 by L.L. No. 3-2015]
(a)
No livestock shall be housed or enclosed by
a fence located within 200 feet of an existing residential structure
or within 100 feet of a property line.
(b)
Open storage of manure or other odor- or dust-producing
substances or uses shall be set back at least 200 feet from any street
or property line.
(c)
The Zoning Board of Appeals may reduce the above
distances based on a finding that potential effects of such activities
will be minimized due to topography, natural vegetation, separation
by other physical features or adjacency with other agricultural uses.
(3)
Noncommercial keeping of household pets, poultry or
farm animals for 4-H or personal use are permitted in the A, R and
B-2 Zoning Districts. No zoning permit shall be required. If a formal
complaint has been filed with the CEO, compliance of the subject operation
with the below listed criteria shall be presumed to satisfactorily
resolve such complaint. Existing noncommercial keeping of chickens
and horses shall be grandfathered upon the submission to the Assessor
of a signed description of the use, including the type and number
of animals, and features of the property relevant to the use, such
as fences, coops, and setbacks. Photos and receipts are not required,
but may be provided as additional information to support the grandfathered
use. The property owner seeking to be grandfathered shall be given
a date-stamped copy of the submission, the original of which shall
be entered into the official record for the property. Any such submission
for grandfathering must be received by the Assessor within 90 days
after the effective date of the law.
[Added 12-15-2015 by L.L. No. 3-2015]
(a)
Chickens (noncommercial for personal use):
[1]
Lot size: one acre minimum.
[2]
No more than 12 hens.
[3]
No roosters, guinea hens or peacocks.
[4]
Chickens shall be confined in a chicken coop
and fenced-in chicken yard at least 30 feet from the property line
and at least 75 feet from neighboring houses.
[5]
The manure pile shall be located in a dry area
of property at least 100 feet from the street or property line and
at least 150 feet from adjoining homes. The pile shall be mixed with
lime and leaves or vegetation to form a compost pile. The pile shall
be covered with an earth-colored tarp to prevent overwetting from
rain that causes excessive odors.
(b)
Horses (noncommercial for personal use).
[1]
Lot size: two acres minimum for one horse. Additional
horses require an additional one acre per horse up to a total maximum
of nine horses.
[2]
Horses shall be confined in a barn or shed and
a fenced paddock at least 30 feet from the side or rear property line
and at least 75 feet from neighboring houses. The manure pile shall
be located in a dry area of property at least 100 feet from the street
or property line and at least 150 feet from adjoining homes. The pile
shall be mixed with lime and hay, leaves or vegetation to form a compost
pile. The pile shall be covered with an earth-colored tarp to prevent
overwetting and resulting odors.
In all districts, off-street automobile parking
spaces and truck loading areas for the various permitted uses shall
be required at the time any of the main buildings or structures of
such uses are constructed or altered as follows:
A.
Required off-street automobile parking spaces. The
minimum cumulative number of spaces shall be determined by the amount
of dwelling units, bedrooms, floor area, members, equipment, employees,
and/or seats contained in such new buildings or structures, or added
by alteration of building or structures, and such minimum number of
spaces shall be maintained by the owners of such buildings or structures,
as follows:
(1)
Office, business, and commercial uses.
(a)
Requirements.
[1]
For retail businesses or services, banks, or
post offices: one space for each 200 square feet of customer floor
area.
[2]
For offices, including professional, personal
service, public utility: one space for each 200 square feet of gross
office floor area.
[3]
For restaurants, bars, or nightclubs: one space
for each 50 square feet of customer floor area.
[4]
For funeral homes: one space for each five seats
of chapel or chapel's capacity.
[5]
For any commercial use, one space for each company
vehicle in addition to other required spaces.
[6]
For hotels, motels, and resort hotels, resort
lodges, resort ranches: one space for each bedroom, plus one space
for each four employees.
(b)
Spaces in municipal parking lots, designed to
serve nongovernmental uses, where provided, may be credited toward
the parking requirements for these nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses
to be served;
[2]
The parking needs of existing facilities (within
400 feet and computed on the same basis as for new facilities) are
satisfied first, and only excess capacity is used for this purpose;
and
[3]
A special permit for such use is obtained from
the Zoning Board of Appeals.
(2)
Industrial or industrial/business uses.
[Amended 8-1-2017 by L.L.
No. 5-2017]
(a)
One space for each 400 square feet of floor
area devoted to manufacture, including printing, publishing, wholesale,
business and laundry or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor
area devoted to storage.
(c)
One space for each 3,000 square feet of area
devoted to outside storage, including equipment rental or sales yards.
(d)
For any industrial use, one space for each company
vehicle in addition to other required spaces.
(3)
Public and semi-public uses.
(a)
For places of public assembly (including churches,
theaters, concert halls): one space for each six seats of seating
capacity.
(b)
For elementary schools or day nurseries: two
spaces for each classroom.
(c)
For high schools or colleges: five spaces for
each classroom.
(d)
For museums, art galleries, institutions, or
philanthropic uses: one space for each 800 square feet of gross floor
area.
(e)
For hospitals, sanitariums, nursing or convalescent
homes: one space for each two beds.
(f)
For clubs: one space for each 200 square feet
of gross floor area or one space for six seats of seating capacity,
whichever is greater.
(5)
Residential uses.
(a)
For one- or two-family dwellings: one space
per dwelling unit.
(b)
For multifamily dwellings: 1.5 spaces per dwelling
unit.
(c)
Parking for customary home occupations shall
be provided in accord with § 200-30F.
[Amended 12-15-2015 by L.L. No. 3-2015]
(d)
Boardinghouses: one space for each bedroom.
B.
Calculation of required spaces. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses unless
it can be proven that staggered hours of use would permit modification.
Whenever a major fraction of a space is required, a full space shall
be provided.
C.
Dimensions for off-street automobile parking space.
Such space provided shall be at least nine feet wide and 20 feet long,
and every space shall have direct and usable driveway access to a
street or alley with minimum maneuver area between spaces as follows:
(1)
Parallel curb parking. Five feet end-to-end with a
twelve-foot aisle width for one-directional flow and a twenty-four-foot
aisle width for two-directional flow.
(2)
Thirty-degree parking: thirteen-foot aisle width for
one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(4)
Sixty-degree parking: twenty-one-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(5)
Perpendicular parking: twenty-six-foot aisle width
for one-directional and two-directional flow.
D.
Location of required spaces.
[Amended 9-12-1990 by L.L. No. 1-1990]
(1)
In any residential district, no open or enclosed parking
area shall be located in any required front yard except for parking
associated with an entrance driveway. Open parking areas are permitted
in required side or rear yards if no closer than 10 feet to the property
line.
(2)
In a business district, no parking area shall be located
within five feet of a street or right-of-way line or within 20 feet
of a residence district boundary.
(3)
All required parking spaces shall be provided on the
same lot as the uses they serve, except that parking for a business
use in a business district may be provided on an adjacent property
if direct pedestrian access between properties is provided and the
permanent availability of the parking to serve the use is ensured
by appropriate guarantees.
E.
Required off-street truck loading areas.
(1)
For funeral homes: one berth for each chapel.
(2)
For hotels, motels and resort hotels, resort lodges,
resort ranches: one berth for floor area in excess of 10,000 square
feet.
(3)
For office, business, and commercial uses: one berth
for 10,000 square feet to 25,000 square feet of floor area and one
additional berth for each additional 25,000 square feet of floor area.
(4)
For manufacturing and permitted industrial uses: one
berth for the first 10,000 square feet of floor area and one additional
berth for each additional 40,000 square feet of floor area.
(5)
For other permitted nonresidential uses: one berth
for 10,000 square feet to 25,000 square feet of floor area, and one
additional berth for each additional 25,000 square feet of floor area,
unless it can be proven that truck deliveries shall not exceed one
vehicle per day.
F.
Dimensions for off-street loading berths. Each required
loading berth (open or enclosed) shall have the following minimum
dimensions: 35 feet long, 12 feet wide, and 14 feet high, except that
berths for funeral homes may be 20 feet long, 10 feet wide and 8 feet
high.
G.
Location of required berths. All off-street loading
areas shall be located on the same lot as the use for which they are
permitted or required. Open off-street loading areas shall not encroach
on any required front or side yard, accessway or off-street parking
areas, except that in business districts, off-street parking areas,
where they exist, may be used for loading or unloading, provided that
such spaces shall not be so used for more than three hours during
the daily period that the establishment is open for business.
H.
Construction of parking areas. Required parking spaces
for more than five cars accessory to commercial, industrial, multifamily
or dormitory uses shall be paved with an all-weather surface of asphalt,
concrete, shale, gravel or pervious paver blocks and suitably drained.
Parking areas to be used at night shall be lighted. All lights shall
be shaded or so directed so as not to cause glare on adjoining residential
properties and shall be so directed so as not to cause a traffic hazard
due to glare.
[Amended 12-15-2015 by L.L. No. 3-2015]
I.
Landscaping and screening. In addition to the following requirements, off-street parking and loading is also subject to the provisions of § 200-68, Site plan approval, Subsection B(3) and (4), as well as Appendix A, Design Standards and Guidelines for Business Districts. The area of the lot not used for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces and any parking lot for more than 10 cars shall be screened by a combination of wall, fence, or compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining properties and public streets or rights-of-way. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
[Amended 12-15-2015 by L.L. No. 3-2015]
The Town Board may, after Planning Board review,
public notice, and hearing, approve the development of a parcel of
land for light industrial use and establish a special Light Industrial
District for such development to be improved on any A District, subject
to the following conditions:
A.
Location and minimum required acreage of site. A Light
Industrial District established in accordance with the provisions
of this section shall comply with the following:
[Amended 9-12-1990 by L.L. No. 1-1990]
(1)
Prior to rezoning for light industrial purposes, the
land must be located in either an R-1, A-2 or A-3 District.
(2)
The property to be designated as a Light Industrial
District must have direct access to at least 200 feet of frontage
on a New York State or Ulster County highway.
(3)
The property to be designated as a Light Industrial
District shall have an area of at least 10 acres, exclusive of any
easements which restrict use or any designated wetlands, flood hazard
areas or lands with a slope of more than 15%.
B.
Application of regulations. Individual uses and structures
in a Light Industrial District need not comply with the specific building
location, height, lot size, and open space requirements of the underlying
A District. The I-1 superimposes the regulations for a Light Industrial
District upon the A-3 District.
C.
Use regulations.
(2)
Prohibited uses.
(a)
Residential uses, except dwelling of caretakers
and any and all residential uses existing and permitted prior to the
establishment of such I-1 District in accordance with this subsection
shall be allowed to continue as so permitted heretofore.
(b)
All explicitly prohibited uses.
[Amended 8-20-2013 by L.L. No. 4-2013]
(c)
Any use, although expressly allowed as a permitted
use, shall be prohibited if the particular application of such use
does not comply with the specified performance standards for a use
in the I-1 District.
D.
Light industrial performance standards.
(1)
General standards. The following general standards
are hereby adopted for the control of uses in any Light Industrial
District, and no use shall be permitted, established, maintained or
conducted therein which shall cause:
(a)
Excessive smoke, fumes, gas, odor, dust, or
any other atmospheric pollutant beyond the boundaries of the lot whereon
such use is located. Smoke is excessive when the shade or appearance
of such smoke is darker than No. 2 on the Ringelmann Smoke Chart,
published by the US Bureau of Mines.
(b)
Excessive noise, perceptible beyond the boundaries
of the lot occupied by such use causing the same.
(c)
Any pollution by discharge of any waste material
whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into
any sanitary disposal system or sewerage system, except only in accordance
with the rules of land under the control of public health authorities
or the public body controlling such sewerage system. Any chemical
or industrial waste which places undue loads, as determined by the
Town Engineer, shall not be discharged into any municipal system and
must be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever,
except in a completely enclosed building.
(f)
Glare or vibration perceptible beyond the lot
lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire,
explosion, radiation, or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards
are hereby adopted and must be complied with, for and by any use in
any Light Industrial District and before the same be permitted, established,
maintained or conducted:
(a)
Storage facilities. Materials, supplies and
semi-finished products shall be stored on the rear one-half of the
property and shall be screened from any existing or proposed street.
(b)
Loading docks. No loading docks shall be on
any street frontage. Provisions for handling of all freight shall
be on those sides of any building which do not face on any street
or proposed streets.
(c)
Landscaping. It is hereby declared that all
areas of the plot not occupied by buildings, parking, driveways or
walkways, or storage shall be landscaped attractively with lawn, trees,
shrubs, or other plant material. Such landscaping shall take into
consideration the natural growth presently on the premises and the
nature and condition of the terrain as well as the situation of the
lands and premises themselves and with regard to adjoining lands and
premises.
(d)
Fences and walls. Property that is adjacent
to a residential or business district shall be provided, along such
property lines, with a wall, fence, compact evergreen hedge or a landscaped
strip of trees and shrubs so designed as to form a visual screen not
less than six feet high at the time of planting. Except for landscaped
areas and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot wall, or fence,
chain-link fence covered with an evergreen vine, or compact evergreen
hedge. Where a front yard adjoins a street, the wall, fence, or hedge
shall be located no closer to the street than the depth of the required
yard.
(g)
Buffer strip. In addition to the fences and
walls, the entire district must be separated along its outside boundary
from any adjoining residential zones by a buffer strip, suitably landscaped,
at least 100 feet wide.
(3)
Proper and adequate water supply, sewerage and waste
disposal, other utility services, and accessibility to and from public
streets must be provided.
(4)
Special consideration must be given to the traffic
generated by each proposed use in a Light Industrial District, and
no undue traffic volume shall be permitted on residential streets.
Such data is to be submitted with each petition for amendment.
E.
Area and bulk regulations. Area and bulk requirements
shall be in compliance with those for the I-1 or I/B District as set
forth in the Density Control Schedule of this chapter.[1] No building or structure shall be located within 150 feet
of the boundary of the zoning district or the right-of-way of any
state or county highway or any local street other than a street which
only serves to provide access to property in the Light Industrial
District.
[Amended 9-12-1990 by L.L. No. 1-1990]
F.
The Planning Board, upon review of the proposed development,
may prescribe such additional conditions as are in its opinion necessary
to secure the objectives of this chapter.
G.
Procedure.
(1)
Application for rezoning classification of a site
shall be filed by the owner or several owners jointly, or the holder
of a written option to purchase the site with the Town Clerk in writing
in a form required by the Town Board, and shall be accompanied by
a certified check in an amount as set from time to time by resolution
of the Town Board to help defray the cost of advertising the hearing
on said petition and incidental disbursements. The applicant shall
also submit the following:
[Amended 3-21-2006 by L.L. No. 1-2006]
(a)
A plan of the site and surrounding areas drawn
to scale and accurately dimensioned, showing the location of existing
and proposed land use areas, lots, buildings, structures, parking
and loading areas and access roads and streets, community facilities,
and topography;
(b)
The use and height of each proposed building
or structure, yard lines, lot coverage, and the number of parking
spaces in each proposed parking area, and the expected flow of traffic
in and out of the area;
(c)
Any additional data as may be requested by the
Planning Board in order to determine the suitability of the tract
for the proposed development.
(2)
Each application shall be referred to the Planning
Board. The Planning Board shall report its recommendations thereon
to the Town Board, accompanied by a full statement of the reasons
for such recommendations prior to the public hearing. If the Planning
Board fails to report within a period of 62 days from the date of
receipt of notice or such longer time as may have been agreed upon
by it and the Town Board, the Town Board may act without such report.
[Amended 3-21-2006 by L.L. No. 1-2006]
(3)
The Town Board, by resolution, shall fix the time
and place of the public hearing and at such hearing shall consider
among other things the recommendations of the Planning Board and cause
notice to be given as follows:
(a)
By publishing a notice of the application and
the time and place of the public hearing in a newspaper of general
circulation in the Town of Marbletown as designated by the Town Board
not less than 10 days prior to the date of the public hearing.
(b)
By giving notice of hearing to any required
municipal, county, state, or federal agency in the manner prescribed
by law. Upon approval, such new district shall become a part of the
regulations established herein, shall be enforced in the same manner,
and be similarly subject to amendment, except that, if construction
of the proposed development is not commenced and substantially progressed
within one year after approval of the Town Board, such approval shall
be revoked and such area shall be subject to the requirements of the
prior district regulations.
In any district where permitted, a gasoline
filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of
10,000 square feet or more, with a one-hundred-foot minimum frontage.
B.
The area for use by motor vehicles, except access
drives thereto, as well as any structures, shall not encroach on any
required yard area.
C.
No fuel pump shall be located closer than 20 feet
to any side lot line nor closer than 35 feet to any street line, measured
from the outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theatre,
church, or other public gathering place, park, playground, or fire
station unless a public street lies between such service station and
such building or use.
E.
All major repair work and all storage of equipment
and parts shall be within a completely enclosed building which has
a maximum height of 25 feet. Such repair work shall not include any
body repair work or spray painting or car washing which requires mechanical
equipment in a B-1 District except by special permit of the Zoning
Board of Appeals as provided by this chapter.
No sign or other device for advertising purposes
of any kind may be erected or established in the Town except and provided
as follows:
A.
Signs in residential districts. No sign or other device
for advertising purposes of any kind may be erected or established
in any residential district except by permit issued pursuant to this
chapter as follows:
(1)
Permitted nonresidential uses, except places of worship,
libraries, museums, social clubs or societies, and legal nonconforming
nonresidential uses, home occupations or day nurseries may display
signs pertaining to the use of property, having an aggregate total
face area of not more than 32 square feet, and not projecting beyond
the principal building of such use to which they are attached more
than 12 inches, except that where such nonresidential uses are set
back more than 30 feet from the property lines, one additional sign
may be erected in the ground, provided that such ground sign shall
not exceed 15 square feet in total face area, shall not exceed 12
feet in height, and such sign shall be no nearer than 10 feet to any
property line or road, whichever requires the greater setback. If
such freestanding signs face substantially at right angles to the
road and/or display in more than one direction, they shall have a
face area of not more than 15 square feet per side, with no more than
two sides.
(2)
Dwellings for five or more families may display nonilluminated
signs identifying the premises, having an aggregate total face of
not more than 12 square feet, and not projecting beyond the principal
building on the lot more than 12 inches.
(3)
Any dwelling unit in a detached or attached structure
may display one name plate or professional sign not exceeding six
square feet in area.
B.
Signs in business and industrial districts. Signs
in business and industrial districts are permitted, provided such
signs or lettering contains only the name or names of the lawful owners
or operators of the establishment, or their trademarks, trade names
or corporate names, and shall identify only the business, profession,
general goods or services conducted or dispensed on the premises.
Such signs shall also comply with the following regulations:
(1)
Wall signs.
(a)
One wall sign shall be permitted on each wall
for each nonresidential use in a structure.
(b)
Wall signs shall not project more than 12 inches
from the wall to which they are affixed.
(c)
Wall signs shall not extend above or beyond
the face of the wall in any direction.
(d)
In business or industrial districts (B-1, B-2
or I-1), the aggregate area, in square feet, of all signs on any wall
shall not be greater than the length, in feet, of such wall.
(2)
Projecting signs.
(a)
Each establishment in a business or industrial
district shall be permitted one projecting sign.
(b)
The distance between the faces of a projecting
sign shall not exceed 12 inches.
(c)
Projecting signs shall not exceed an area of
15 square feet per face, and the outer edge of such sign shall not
extend more than six feet from the face of the building to which it
is applied.
(d)
No part of a projecting sign shall be less than
eight feet above the ground, and projecting signs shall not extend
above the building facade or into any access drive which is intended
for use by service or emergency vehicles.
(e)
No part of a projecting sign shall extend within
two feet of the pavement of any public street or right-of-way.
(3)
Freestanding signs.
(a)
Where the principal building or group of buildings
(including the principal building) on the same lot is set back at
least 15 feet from the street, one freestanding sign shall be permitted
on the property. No part of any freestanding sign or its support shall
be located within six feet of any building or extend beyond any street
line.
(b)
The area of freestanding signs shall not exceed
36 square feet per sign face.
(c)
No part of any freestanding sign shall be higher
than 15 feet above grade.
C.
Representational signs. No representational sign shall
be permitted in any district.
D.
Advertising signs. Hereafter, notwithstanding any
other provisions of this chapter, signs not pertaining to the use,
sale, rent, or lease of property on the same lot, and signs not representing
construction or subdivision activity as allowed, are not permitted
in any district, except that signs for the purpose of directing persons
to a business or establishment may be erected in any district, provided
such signs shall not exceed four square feet in area per establishment,
shall conform with applicable regulations of the district in which
they are located, shall be grouped on community poles, and shall be
approved by the Town Planning Board.
E.
National advertising signs. No sign shall be used
to advertise a national product unless the product is by nature the
designation of the business, e.g., gasoline service station.
F.
Subdivision signs. Any person offering lots for sale
in a subdivision may erect nonilluminated directional signs within
the limits of the subdivision or adjoining property in the same ownership,
having an aggregate total face area of not more than 50 square feet.
The permit for such signs shall be issued for a period of one year,
each following a determination by the Code Enforcement Officer that
the signs have been repainted or are in good condition in each case.
G.
Roof signs. No sign shall be placed on the roof of
any building.
H.
Exemption from above regulations:
(1)
Real estate signs which advertise the sale, rental,
or lease of the premises upon which said signs are located, having
an aggregate total face of not more than six square feet within any
residential district and business district, or not more than 32 square
feet within any Light Industrial District.
(2)
Signs or bulletin boards customarily incident to places
of worship, libraries, museums, social clubs or societies, which signs
or bulletin boards shall not exceed 24 square feet in area and which
shall be located on the premises of such institutions.
(3)
One professional or business nameplate not exceeding
two square feet in area for one professional or business establishment
where such signs would not otherwise be a permitted use.
(4)
One sign denoting the architect, engineer and/or contractor
when placed where work is under construction, and not exceeding 24
square feet in area.
(5)
Memorial signs, historical markers or tablets, names
of buildings, and dates of erection when cut into any masonry surface
or when constructed of bronze, stainless steel, or similar material,
not exceeding six square feet in area.
(6)
Traffic or other municipal signs, legal notices, and
such temporary, emergency, or nonadvertising signs as may be authorized
by the Town Board, or any sign or notice required by law.
(7)
A sign having an area of 35 square feet or less per
side on a pole of 25 feet or less in height, of a gasoline service
station, identifying such use on the premises.
(8)
Posting of notice to the public pertaining to but
not limited to fishing or trespassing, provided each such sign does
not exceed 1 1/2 square feet in area.
I.
Illuminated signs.
[Amended 12-15-2015 by L.L. No. 3-2015]
(1)
Any sign lighting shall be via an external light source
oriented and shielded to avoid glare towards adjacent roadways and
neighboring properties. Lights directed downward to the sign are preferred.
(2)
Internally lighted signs are prohibited.
(3)
Signs constructed of wood with painted, carved or
mounted letters are preferred.
(4)
Illumination of signs shall not be of intermittent
or varying intensity. No scrolling, revolving, neon or colored LED
signs shall be allowed, except for inside signs which are not visible
from the building exterior. Nonscrolling or nonflashing colored neon
or LED signs are permitted in no more than two windows of a building
and shall not occupy more than 20% of the area of said window.
(5)
Red, green and amber lights shall be prohibited on
the exterior of any building or on any freestanding sign.
J.
Banners. No sign or part thereof shall contain or
consist of banners, posters, pennants, ribbons, streamers, spinners,
or other similar moving, fluttering or revolving devices. These devices,
as well as strings of lights, shall not be used for the purpose of
advertising or attracting attention when not part of a sign.
K.
Window signs. No signs erected or maintained in the
window of a building, visible from any public or private street or
highway, shall occupy more than 20% of the area of said window.
L.
Posters. Temporary, nonpermanent posters, covering
such things as political events, sporting events, shows and elections,
shall not be displayed until four weeks prior to the event and must
be removed within five days after the event. No such sign shall be
attached to a tree or utility pole.
M.
Required permits and procedures.
(1)
Sign permits.
(a)
Signs shall not hereafter be erected, structurally altered, enlarged or relocated, except as specifically exempted in Subsection H above, unless a permit has been obtained from the Code Enforcement Officer. Such permit shall only be issued following submission, review and approval of an application in accordance with the requirements set forth below, and payment of the required fee in accordance with the schedule established by the Town Board.
(c)
A permit shall not be required for the repainting
or refurbishing of an existing sign.
(2)
Application. Application for a sign permit shall be
made on a form designed for that purpose and provided by the Code
Enforcement Officer and shall include:
(a)
A scale drawing of the sign which shows the
content and proposed location of the sign.
(b)
A drawing with appropriate notes, describing
the construction of the sign and, where appropriate, the method of
attachment to the building.
(c)
A description or sample of the predominant material
of which the proposed sign will be made.
(d)
A description of the proposed method of sign
illumination, if any.
(3)
Review.
(a)
The Code Enforcement Officer shall review all
sign applications and approve, disapprove, or approve with modifications
the permit therefor within 30 days of receipt of the application,
except that applications for advertising and freestanding signs shall
be referred to the Planning Board before a permit is issued.
(b)
The Planning Board shall review such sign to
determine its impact on adjacent properties and on sight distance
in relation to traffic circulation. It shall then approve, approve
with modifications or disapprove said sign and state its reasons therefor
in writing to the applicant. If the Code Enforcement Officer does
not receive any communication concerning the application within 45
days of referral to the Planning Board, he shall act according to
his own determination.
N.
No sign, whether new or existing, shall hereafter
be erected or altered, except in conformity with the provisions of
this chapter. However, notwithstanding any provisions contained herein,
the sign must be kept clean, neatly painted, and free from all hazards,
such as, but not limited to, faulty wiring or loose fastenings, and
must be maintained at all times in such safe condition so as not to
be detrimental to the public health or safety. In the event of violation
of any of the foregoing provisions, the Code Enforcement Officer shall
give written or personal notice, specifying the violation to the owner
of the sign and the owner of the land upon which the sign is erected,
sent to the addresses as stated in the application for the sign permit,
to conform or remove such sign. The sign shall thereupon be conformed
by the owner of the sign and the owner of the land within 30 days
from the date of said notice. In the event such sign shall not be
so conformed within 30 days, the Code Enforcement Officer shall thereupon
revoke the permit, and such sign shall be removed by the owner of
the sign and/or the owner of the land.
O.
Any sign existing on or after the effective date of
this chapter which no longer advertises an existing business conducted
or product sold on the premises shall be removed by the owner of the
premises upon which such sign is located after written notice as provided
herein. The Code Enforcement Officer, upon determining that any such
sign exists, shall notify the owner of the premises in writing to
remove said sign within 30 days from the date of such notice. Upon
failure to comply with such notice within the prescribed time, the
Code Enforcement Officer is hereby authorized to remove or cause removal
of such sign, and shall assess all costs and expenses incurred in
said removal against the land or building on which such sign is located,
unless the existing contract between the owner of signs or billboards
has limited the responsibility of the owner of the land for removal
of the sign, in which case costs shall be assessed against the owner
of the sign. If the Code Enforcement Officer shall find that any sign
regulated by this chapter is unsafe or insecure, or is a menace to
the public, he shall give written notice to the named owner of the
sign and the named owner of the land upon which the sign is erected,
who shall remove or repair said sign within 30 days from the date
of said notice. If the sign is not removed or repaired, the Code Enforcement
Officer shall revoke the permit issued for such sign, as herein provided,
and may remove or repair said sign and shall assess all costs and
expenses incurred in said removal or repair against the land or building
on which such sign was located. The Code Enforcement Officer may cause
any sign which is a source of immediate peril to persons or property
to be removed summarily and without notice.
Single house trailers are allowed in Zones A-2,
A-3, A-4, R-1 and R-2.[1] They shall be placed on enclosed permanent foundations
and meet the requirements of the Density Control Schedule (Section
IV) for residences.[2]
[1]
Editor's Note: The R-2 Residence District
is not mapped at this time.
[2]
Editor's Note: The Density Control Schedule
is included at the end of this chapter.
No burial or memorial plats or buildings shall
be located closer than 50 feet to any residential lot line, except
that when a dense evergreen hedge or a wall or landscaped strip at
least six feet in height providing complete visual screening from
all adjacent residential property is provided, burial or memorial
plats less than six feet in height may be located no closer than 20
feet to any residential lot line.
No person shall undertake to construct any new
building or structure in the Town of Marbletown without first meeting
the requirements for a system, or facilities for, the separate disposal
for water-borne sewage, domestic or trade wastes in accordance with
applicable regulations of the Town, the Ulster County Department of
Health and other governmental authorities.
A.
General provisions. Uses allowed by special use permit
are hereby declared to possess characteristics which require that
each specific use shall be considered an individual use. Any use for
which a special use permit is granted by the Board of Appeals shall
be deemed a use permitted in the district in which located, except
that for any addition or enlargement of such use, a separate special
use permit shall be required for each addition or enlargement. A use
allowed by special use permit must be in conformity with the provisions
of this chapter and shall affect only the lot or portion thereof for
which it shall have been granted.[1]
B.
Required plan. A plan for the proposed development
of a site for a use allowed by special use permit shall be submitted
with the application for a special use permit to the Board of Appeals,
and such plans shall show the location of all buildings, parking areas,
traffic access and circulation drives, open spaces, landscaping, and
any other pertinent information that may be necessary to determine
if the proposed special use meets the requirements of the chapter.[2]
C.
Basis for deliberation; general provisions. Before
issuing a special use permit, the Board of Appeals shall take into
consideration the public health, safety, morals and welfare, and shall
assure itself of the following:
(1)
That there shall not be any detrimental effect by
the establishment of such use on other uses within the district.
(2)
That such use will be in harmony with the orderly
development of the district and the location, nature and height of
buildings, walls, fences, and parking areas will not discourage the
appropriate development and use of adjacent lands.
(3)
That all structures, equipment and materials shall
be reasonably accessible for fire and police protection.
(4)
That the use meets the prescribed requirements for
the district in which located, including minimum yard requirements
for the district in which located or as further specified in this
section and including maximum height, required off-street parking
and sign regulations and the following prescribed provisions.
D.
Prescribed standards. In addition to the above general
provisions, the following uses shall comply with the following prescribed
standards:
(1)
Retail sale of produce grown on the same lot from
a road stand.
(a)
At least five off-street parking spaces shall
be provided.
(b)
Ingress to and egress from such use shall be
so arranged to provide minimum interference with through traffic on
the street.
(c)
Any lights in connection with such use shall
be so arranged so as not to cause glare on adjacent properties.
(d)
Three signs, not exceeding in aggregate 50 square
feet, may be displayed for each establishment, provided such signs
shall be located no closer than 10 feet to any property line, and
provided further that such signs shall not extend more than 10 feet
above the ground or, if attached to the building, shall not extend
more than five feet above the height of the roof of the building at
the point of location of the sign.
(2)
Hospital, nursing home, convalescent home, sanitarium,
institution or philanthropic use.
(a)
The total building area shall not exceed a lot
coverage of 20%.
[Amended 3-21-2006 by L.L. No. 1-2006]
(b)
Primary access to such use shall not be a minor
street or any other street designed to serve primarily as access to
abutting residential properties.
(c)
Off-street parking areas and outdoor storage
areas, shall be screened from adjacent residential properties. Any
lighting shall be so arranged as not to cause glare on adjacent properties.
(d)
No building shall be located within 100 feet
of any lot line.
(3)
Hotel, resort hotel, resort lodge, resort ranch, restaurant,
bar or night club, skating rink, theatre, concert hall, commercial
recreation uses.
(a)
Primary access to such use shall not be a minor
street or any other street designed to serve primarily as access to
abutting residential properties but shall be by means of a street
in the collector, arterial, state highway or county road system.
(b)
Such use shall meet the off-street parking requirements
of this chapter. Such off-street parking and lighting in connection
with such use shall be screened and shielded from adjacent residential
properties.
(c)
No building shall be located closer than 100
feet to any lot line.
(4)
Camps.
(a)
The water supply and sewage disposal systems
shall comply with the codes, ordinances and regulations of the appropriate
authorities.
(b)
No structure shall be located within 100 feet
of a side or rear property line nor within 50 feet of a street right-of-way
line.
(c)
One off-street parking space shall be provided
for each five persons of capacity, and one additional space shall
be provided for each two employees.
(d)
A swimming pool or recreational activity shall
not be located closer than 100 feet to a side or rear property line
nor within the required front yard and shall be screened by a stand
of trees, fence, hedge or wall from adjacent properties to the sides
and rear.
(5)
Two-family dwelling, multifamily dwelling, bed-an-breakfast,
boardinghouse, dormitory for housing college students.
[Amended 12-15-2015 by L.L. No. 3-2015]
(a)
A two-family dwelling and multifamily dwelling
shall comply with the minimum lot area per dwelling unit requirement
for the district in which located. A boardinghouse or bed-and-breakfast
shall not contain more than five guest units in addition to a dwelling
unit.
(b)
There shall be off-street parking provided on
the same lot with the principal use at least equal to the minimum
requirements specified by this chapter. Off-street parking accessory
to a multifamily dwelling or dormitory shall not be located in a front
yard or side yard abutting a street and shall be screened from adjacent
properties.
(c)
There shall be a finding that the water supply
and sewage disposal system shall be adequate to serve the use.
(d)
The primary access to a multifamily dwelling
or dormitory shall not be a minor street designed to serve primarily
as access to single-family residential units, but shall be by means
of a collector street, arterial street, county road or state highway.
(e)
Two-family dwellings, multifamily dwellings,
dormitories and boardinghouses shall meet the minimum specified front
yard, side yard, rear yard, coverage and maximum height requirements
specified on the Density Control Schedule for the district in which
located.
(f)
Signs accessory to a multifamily dwelling shall comply with the regulations of § 200-42A(2).
(g)
The minimum lot size for a dormitory shall not
be less than the required lot area per dwelling unit for each dwelling
unit within the dormitory and not less than 8,000 square feet of lot
area per bed for beds provided which are not located in dwelling units.
Off-street parking shall be provided in the dormitory site and shall
be at least 1.5 spaces per dwelling unit and one space per bed not
located in a dwelling unit.
(h)
The following standards shall apply to multifamily
dwellings in addition to or, where more restrictive, in place of the
standards set forth above:
[Added 9-12-1990 by L.L. No. 1-1990]
[1]
The maximum number of dwelling units permitted
on a parcel of land shall be determined in accordance with the procedures
set forth in § 200-48D(1).
[2]
New buildings and structures shall be set back
from all street or property lines a distance of at least 100 feet.
[3]
A buffer at least 75 feet wide, consisting of
natural vegetation or landscaping, shall be provided adjacent to all
street or property lines sufficient to provide a vegetative screen
to preserve the privacy of adjacent properties.
[4]
Existing buildings which are less than 100 feet
from any street or property lines may be converted to multifamily
use only if the design and location of such use of the building will
not reduce the privacy or otherwise detract from the character of
nearby single-family residences.
[5]
Off-street parking shall be provided in the
following minimum ratio:
|
Number of
Bedrooms in Apartment
|
Spaces per Unit
|
|---|---|
|
Efficiency
|
1
|
|
1
|
1 1/2
|
|
2
|
2
|
|
3
|
2 1/2
|
(6)
Airports and flying fields. In addition to the standards specified in the Subsection C, Basis for deliberation, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings both in the Town of Marbletown and adjacent municipalities considering the location of buildings accessory to the airport or flying field, approach and take-off patterns and lights.
(7)
Public utility facilities such as electric or gas
substations, transformer stations, water or sewage pumping stations,
and similar structures; provided, however, that such term shall not
mean, be, or include natural gas compression facilities or natural
gas processing facilities.
[Amended 8-20-2013 by L.L. No. 4-2013]
(a)
Such use is reasonably necessary for the service,
convenience, or welfare of the public and cannot be located in another
district;
(b)
Such use will not alter or be detrimental to
the character of the neighborhood;
(c)
Such use has adequate fences and other safety
devices and adequate screening or landscaping.
(8)
Travel-trailer camps.
(a)
No camp shall be operated on a site less than
10 acres in area, and there shall be no more than one travel-trailer
for every 4,000 square feet of site area, with a maximum occupancy
of 75 travel-trailers at any one time.
(b)
Outdoor areas, including camping or picnic areas
and playground or sports areas, shall be located at least 200 feet
from all property lines. The Board of Appeals may require suitable
fencing and landscaping around all outdoor areas.
(c)
There shall be provided on the site, one off-street
parking space for each member of the camp staff. In no case shall
there be fewer than 10 off-street parking spaces. Parking areas shall
be at least 25 feet from side and rear lot lines and 50 feet from
the street line, and shall be suitably screened and permanently improved.
(d)
There shall be no more than two permanent dwellings
in any camp and each shall not be occupied by more than one family.
(e)
Each structure in a camp which is intended for
residence, cooking, or recreation purposes shall be equipped with
toilets and wash basins which drain into a municipal sanitary sewer
or an approved septic tank. There shall be at least one toilet and
one wash basin for each 15 campers, with separate facilities for males
and females.
(f)
There shall be at least 3/4 of an acre of suitably
improved playground or sports area for every 100 campers or major
portion thereof, with a minimum area of two acres.
(g)
No travel trailer may remain in the camp for
more than four months per year.
(h)
Permits for camps shall be issued conditionally
for one-year periods by the Town Board at a fee as set from time to
time by resolution of the Town Board.
[Amended 3-21-2006 by L.L. No. 1-2006]
(9)
Excavation for soil mining. Excavation for the purpose of soil mining such as gravel pits, quarrying, or any subsoil removal shall be allowed only by special permit in A-2, A-3, A-4, and I-1 Districts, subject to § 200-31 of this article and the following provisions. Notwithstanding, property owners may utilize gravel, stone, quarrying, or use subsoil excavation on their own property for fill or leveling.
(a)
Before a special permit is issued, the applicant
shall submit to the Board of Appeals 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 land owners. Such map shall also
show the general topography.
(b)
The applicant shall also submit to the Zoning
Board of Appeals two copies of the proposed plan of excavation at
the same scale as above, showing the proposed finished elevations
and the proposed drainage plan. The excavated land shall be left with
no stagnant water, and no precipices over water.
(c)
Rock crushers shall not be permitted within
500 feet of adjacent property lines, except at the discretion of the
Board of Appeals.
(d)
The proposed finished grading plan shall show
the land to be graded.
(e)
For any operation involving more than one acre,
the applicant shall be required to furnish a performance bond, in
an amount determined by the Code Enforcement Officer to be sufficient
to guarantee completion of the finished grading and drainage plan.
Such bond shall be released only upon certification by the Code Enforcement
Officer that all requirements, including the finished grading and
drainage, have been complied with.
(f)
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 Board of Appeals.
(g)
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 in an amount as set
from time to time by the Town Board.
[Amended 3-21-2006 by L.L. No. 1-2006]
(12)
Golf driving range, miniature golf range.
(a)
A golf driving range shall be so laid out that
there will be no danger to surrounding properties or to traffic on
any street and shall be suitably fenced to assure protection.
(b)
One off-street parking space shall be provided
for each golf driving tee and each hole in a miniature golf range.
(c)
Screening shall be provided along all sides
and rear lot lines of a character and depth deemed necessary to screen
buildings, structures, lights and signs from adjacent residences.
(13)
Horse race track.
(a)
The Board of Appeals shall find that such use
will be located on a street or highway which provides suitable access.
(b)
Screening shall be provided along all sides
and rear property lines of a character and depth deemed necessary
to screen buildings, structures, lights and signs from adjacent residential
properties.
(c)
In the determination of off-street parking,
such use shall be deemed a place of public assembly. In addition,
one off-street parking space shall be provided for each employee and
company-owned vehicle.
(d)
Stables or storage of manure shall not be located
within 100 feet of a property line.
(15)
Accessory apartments. Apartments accessory to
the principal permitted residential use of a building are permitted
in all districts, except the I-1 District, subject to a special use
permit and the regulations and standards set forth below. It is the
intent of this provision to expand affordable housing opportunities
in the Town, particularly for small families and senior citizens,
to allow more efficient use of existing large structures, to provide
expanded economic return to enable older homeowners to maintain their
home and to provide options for live-in help or health providers.
[Amended 12-15-2015 by L.L. No. 3-2015]
(a)
Lot area. An accessory apartment complying with
the following standards shall not require any increase in lot area.
(b)
Owner occupancy. The owner of the property on
which an accessory apartment is located must be an occupant of either
the principal residence or the accessory apartment.
(c)
Age of structure. An accessory apartment shall
be located in the principal dwelling, provided that such principal
dwelling was originally constructed at least 10 years prior to the
date of the application for a special permit.
(d)
Lot size. The lot must be at least one acre
in area to allow a dwelling unit plus and accessory apartment.
(e)
Apartment size. The maximum floor area for an
accessory apartment shall not exceed 700 square feet. The accessory
apartment shall have no more than one bedroom. The ZBA may modify,
subject to appropriate conditions, the requirements of these regulations
relative to the floor area of an accessory apartment where it determines
that apartment size of more than 700 square feet is appropriate due
to specific characteristics or features of the building, and when
such increase will not adversely affect public health, safety and
general welfare of the Town.
(f)
Number of accessory apartments. There shall
be no more than one accessory apartment or a total of two dwelling
units per lot permitted under this subsection.
(g)
Exterior appearance. The exterior appearance
of the building shall be altered only to the minimum extent necessary
to accommodate the accessory apartment. No more than 100 square feet
may be added to the exterior of the structure in order to create an
accessory apartment.
(h)
Water and sewer service. Prior to the issuance
of a building permit for the establishment of an accessory apartment
in a principal dwelling, approval of the proposed method of water
supply and sewage disposal shall be obtained.
(i)
Off-street parking. At least one additional
off-street parking space shall be provided for the accessory apartment.
In no case shall there be parking space for less than a total of three
cars on the property.
(16)
Certain uses which may be included as manufacturing
uses in Groups 315, 316, 327 and 339 may be permitted in B-1 and B-2
Districts. The intent of this provision is to permit the establishment
of craft shops, including but not limited to furniture making, pottery
and glass making, leather crafting, jewelry making and similar uses.
Such uses will be permitted subject to the following conditions:
[Amended 3-21-2006 by L.L. No. 1-2006]
(a)
At least 25% of the goods produced on the premises
are available for retail sale on the premises in space designed for
display and sale of goods.
(b)
No more than three persons are employed whose
primary function is the manufacture of goods.
(c)
The use does not generate noise, vibration,
light, glare, smoke or similar emissions beyond those normally associated
with a retail use.
(d)
There is no external storage or display of unfinished
goods or raw materials.
(17)
Standards for large-scale solar systems as a special use.
[Added 8-1-2017 by L.L.
No. 6-2017]
(a)
Location and siting.
[1]
Large-scale solar energy systems may be permitted, upon the
issuance of a special use permit by the Zoning Board of Appeals (ZBA),
within the A-4, A-3, A-2, I-1, I/B, B-2 and R-1 Districts, subject
to the requirements set forth in this section, including site plan
approval.
[2]
Large-scale solar energy systems shall not be permitted to be
constructed on areas of the first four prime farmland soil types as
designated by the United States Department of Agriculture:
[3]
In its review of the location and design of a large-scale solar
energy system, the ZBA shall review and consider its potential impact
on the visual environment of scenic and historic resources as defined
in the adopted Town Plans, particularly: designated historic structures
and districts, scenic vistas which have been deemed significant to
the community and the region, views from public roads and places of
public assembly, and the extent and visual impact of extensive clear-cutting
of forested lands.
[4]
The distance from the proposed site of a large-scale solar generation
facility larger than 200 kW (DC) to a three-phase distribution line
shall not exceed one mile. The distance from the proposed site of
a large-scale solar generation facility under 200 kW (DC) to a distribution
line shall not exceed 1/2 mile. Distance from the proposed site shall
be measured along a straight line from the nearest property boundary
of the generation site to the distribution line.
[5]
No clear-cutting shall be done prior to the issuance of a special
use permit. If clear cutting occurs that exceeds what is determined
in the special use permit review, the applicant shall be required
to supplement planting.
(b)
Special use permit standards.
[1]
Height and setback. The height of the large-scale energy system
shall not exceed 20 feet when oriented at maximum tilt, except when
utility engineering standards require that utility poles or towers
to connect the solar facility to the utility grid be of greater height.
Setback requirements for all solar generating equipment and supporting
facilities shall be a minimum of 50 feet from all street or property
lines.
[2]
Area of use. The area used for all facilities and appurtenances
of a single large-scale solar energy system shall be a maximum of
25 acres. Multiple solar energy systems may be clustered on the same
or adjacent properties but the cumulative impact of all such units
must be evaluated at the time of the initial approval. The ZBA may
exceed the twenty-five-acre maximum if circumstances would not cause
adverse impacts on views and neighboring properties.
[3]
Lot coverage. Notwithstanding the provisions of the Density
Control Schedule, a large-scale solar energy system shall be allowed
up to 50% coverage of the lot on which it is to be installed. The
surface area covered by solar panels shall be included in total lot
coverage.
[4]
No light, noise, vibration, glare or similar effect which exceeds
that normally generated by other uses permitted in the district shall
be discernable at or beyond the property boundary.
[5]
A minimum fifty-foot perimeter buffer, except for the area of
roadway access, consisting of natural and undisturbed vegetation or
landscaping, as may be required by the Zoning Board of Appeals, shall
be provided around all mechanical equipment and solar panel arrays
to provide screening from adjacent properties and Town, county and
state roads.
[6]
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 as measured
from 8:00 a.m. to 6:00 p.m. on December 21 and shall not exceed 20%
of new clear-cutting. Clear-cutting shall be done in such a way that
also prevents shading of panels.
[7]
Noninvasive ground cover under and between the rows of solar
panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
[8]
All local stormwater regulations shall be complied with. The
applicant shall comply with the State Pollutant Discharge Elimination
System guidelines. If determined to be necessary, a SWPPP (Stormwater
Pollution Prevention Plan) shall be prepared and a stormwater, erosion,
and slope analysis of the land shall be assessed by a New York State
licensed professional engineer.
[9]
All large-scale solar energy systems shall be enclosed by a
continuous wildlife-friendly fence at least six feet high equipped
with a self-closing mechanism to prevent unauthorized access. Such
fence shall be set back at least 25 feet from all property lines and
shall have five-inch by twelve-inch openings at ground level, spaced
no more than 100 feet apart, to allow unencumbered travel by small
animals. The type of fencing and the need for further landscaping
to mitigate visual impacts shall be considered by the ZBA during its
review.
[10]
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. 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.
[11]
A decommissioning plan, as detailed below, shall
be prepared and compliance made a condition of the issuance of a special
use permit under this section.
(c)
Registration of large-scale solar energy production facilities.
[1]
Purpose. In order to ensure that all large-scale solar energy
production facilities are properly maintained, all owners of large-scale
solar energy production facilities located in the Town of Marbletown
shall be required to register the facility upon granting of a certificate
of occupancy. The Town Board shall establish the fee structure for
the registration which may be amended by resolution from time to time.
Registration shall be effective for a three-year period, with renewal
required prior to the expiration date.
[2]
Registration requirements. The owner shall provide and certify
to the Town the following:
[a]
The name, mailing address, phone number, email
address, and an emergency contact name for the corporation or owner
of the solar energy production facility and any lessees.
[b]
Inspection of facilities. The owner and any and
all lessees, renters, and/or licensees of large-scale solar energy
production facilities shall agree in writing to allow the Code Enforcement
Officer access to inspect all facets of said permit holder's,
renter's, lessee's or licensee's placement, construction,
modification, and maintenance of such facilities, including, but not
limited to, solar panels, support structures, and buildings or other
structures constructed or located on the permitted site to verify
accordance with any applicable technical, safety, fire, building,
and zoning codes, laws, regulations, and other applicable requirements.
[3]
Notification of termination of use. The owner shall sign a letter
of commitment, which shall commit the large-scale solar energy production
facility owner and its successors and assigns to notify the Building
Inspector, in writing, within 30 days of the discontinuance of use
of the facility. Failure to notify and thereafter remove the facility
and all appurtenances shall be deemed a violation punishable under
applicable provisions of the Town of Marbletown Zoning Law. Notwithstanding
this provision, the Building Inspector shall have the right to independently
investigate any discontinuance of the facility and render a written
determination setting forth the extent, duration and facts evidencing
the violation and the discontinuance of the facility. Upon rendering
said written determination, written notice of the determination shall
be provided to the owner and the lessees of the facility and the owners
of the real property upon which the facility is situate by certified
mail, return receipt requested. Sixty days after proven receipt of
the notice of the determination by the facility owner, any lessee
of the facility and the owners of the real property said facility
is situate thereon, the Building Inspector and the Town of Marbletown
may commence legal proceedings and have the facility removed from
the site in accordance with all applicable law.
[4]
Renewal of registration. Registrations shall be required to
be renewed beginning with a period of time 90 days prior to expiration
until the anniversary date of the registration.
[5]
Changes in registration information. The owner shall provide
notice to the Town of any changes in registration information within
30 days of such change.
[6]
A decommissioning plan shall be prepared. Compliance with this
plan shall be made a condition of the issuance of a special use permit
under this section. As part of the decommissioning plan, a decommissioning
cost estimate will be developed. Based on the decommissioning and
reclamation costs and the proposed salvage value, the ZBA shall determine,
with advice from a Town engineer and attorney, if a bond needs to
be submitted. If a bond is determined to be required, the amount and
type shall become conditions of approval.
(d)
Safety.
[1]
Solar energy systems shall be maintained in good working order.
[2]
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 Marbletown and other
applicable laws and regulations.
[3]
Information required in Subsection D(17)(b)[4] and [6] above must be provided to the fire department that is obligated to respond to a call from that location.
(e)
Decommissioning plan for solar energy systems.
[1]
The decommissioning plan shall specify that after the solar
energy system will no longer be used or if operation is discontinued,
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.
[2]
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.
[3]
The plan shall demonstrate that disposal of all solid and hazardous
waste will be in accordance with local, state, and federal waste disposal
regulations.
[4]
The plan shall include an expected timeline for execution.
[5]
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
and salvage value. Said plan shall provide that owner and/or facility
operator shall provide financial security in a form and amount acceptable
to the Town Attorney to secure the expense of dismantling said facility
in its entirety and restoring the site.
[6]
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 municipality may remove the
system and restore the property and impose a lien on the property
to cover these costs to the municipality.
[7]
Upon recommendation of the Building Inspector, 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.
E.
Additional conditions. In issuing a special use permit,
the Board of Appeals may require any walks, fences or landscaping,
or attach such condition which it deems necessary, to protect the
value of adjacent properties or to prevent any hindering of the appropriate
use of adjacent land.
F.
Special use permits in the SR District. The following provisions shall apply to the application for and approval of nonresidential uses permitted subject to the issuance of a special use permit in the SR District, in addition to those applicable requirements set forth in Subsections A through D above.
(1)
Existing buildings.
(a)
Required submissions. The application for special permit shall include the following in addition to the data required under Subsection B above:
[1]
Photographs or scale drawings of the exterior
elevations of each side of the existing building in which the proposed
use is to be situated.
[2]
Detailed drawings of any proposed exterior modifications
to the existing building, including a description of the proposed
materials and colors to be used, in any elements visible from the
public street or adjacent properties.
(b)
Criteria for approval. The Board of Appeals shall only approve an application for a special use permit if it finds, in addition to the findings set forth in Subsection B above, the following:
[1]
There will be no additions or extensions to
the existing building and no other exterior modifications such as
enclosing of open porches or erection of exterior stairways.
[2]
The scale and character of the existing building
will not be substantially altered and will be compatible with the
surrounding district in terms of architectural detailing, size and
shape of window and door openings, exterior materials and colors and
similar features which contribute to the residential nature of the
district.
[3]
Off-street parking will be screened from adjacent
properties by appropriate landscaping, and no such parking shall be
located in the front yard.
(2)
New buildings.
(a)
Development standards. A nonresidential use
permitted in a new building, subject to issuance of a special permit,
in the SR District shall be subject to the following requirements
in addition to those set forth elsewhere:
(b)
Required submissions. The application for a special permit shall include the following, in addition to the data required under Subsection B above:
[1]
A detailed site plan of the proposed site showing
the exact location of all existing structures located within 500 feet
of the perimeter of the lot.
[2]
Detailed drawings of all exterior elevations
of proposed buildings, including a description of materials and colors
to be used.
[3]
An accurate perspective drawing of the proposed
building, as it will be viewed from Route 209, indicating all visible
features of the site and adjacent properties.
To be considered an existing building in the
B-1 District or SR District and subject to the provisions established
for existing buildings in the Schedule of Use Regulations and the
Area and Bulk Regulations,[1] a structure must meet the following criteria:
A.
The structure must have been erected prior to January
1, 1985.
B.
The structure shall not be expanded or enlarged by
more than 20% of its floor area or 250 square feet, whichever is less,
after January 1, 1985.
[1]
Editor's Note: The Schedule of Area and Bulk
Regulations is included at the end of this chapter.
[Added 10-17-2006 by L.L. No. 2-2006[1]]
A.
Applicability. This section shall apply to all subdivisions
of more than four lots for which an application is submitted after
the effective date of this amendment to the Zoning Law in the A-4,
A-3, A-2, R-1 and R-3 Districts, as delineated on the Town of Marbletown
Zoning Map, except that lots of more than 30 acres shall not be included
in such count. All other provisions of this Zoning Law, which apply
to the underlying zoning district, shall remain in effect.
B.
Standards and procedures. Subdivisions in the Conservation
Design Overlay District are permitted subject to the standards and
procedures set forth below:
(1)
Type of subdivision allowed. The type of subdivision
permitted in each district is set forth in the following table:
|
District
|
Type of Subdivision
|
Type of Subdivision Allowed
| ||
|---|---|---|---|---|
|
Conservation
|
Average Density
|
Conventional
| ||
|
R-3
|
Major
|
 |
 | |
|
Minor
|
|
|
| |
|
R-1
|
Major
|
|
| |
|
Minor
|
 |
|
| |
|
A-2
|
Major
|
|
| |
|
Minor
|
|
|
| |
|
A-3
|
Major
|
|
|
|
|
Minor
|
|
|
| |
|
A-4
|
Major
|
|
|
|
|
Minor
|
|
|
| |
|
KEY:
| ||
|---|---|---|
|
|
Allowed by right with subdivision approval.
|
* See § 200-48B(6) below.
|
|
|
The Planning Board may waive the requirements of § 200-48 and Exhibit B necessary to allow a conventional subdivision upon making the findings set forth in § 200-48B(7) below.
| |
(2)
Number of lots or dwelling units in conservation or
average density subdivisions. The maximum permitted number of lots
or dwelling units within a conservation or an average density subdivision
shall not exceed the number that would be achieved if the land were
subdivided into lots conforming to the minimum lot size and density
requirements applicable to the district in which the land is situated,
which shall be computed as follows:
(a)
The maximum number of lots or dwelling units
shall be determined as follows:
[1]
The gross site area shall be reduced by 10%
to reflect the area that would be required for streets in a conventional
subdivision and to account for irregular lots.
[3]
The resulting net area shall be divided by the
minimum required lot area per dwelling unit in the district in which
the property is located to determine the total number of lots or dwelling
units permitted.
(3)
Lot size and open space standards for conservation
subdivisions. Conservation subdivisions are permitted in all residential
districts in accord with the following standards:
(a)
Lot dimensions. All lots in a conservation subdivision
shall comply with the requirements of the Density Control Schedule[2] for the R-3 District with respect to minimum lot dimensions,
minimum yard setback, maximum lot coverage and maximum building height,
with the following exceptions:
[1]
Where all or part of the sewage disposal system
serving an individual lot is located in common open space provided
in a conservation subdivision, the area of such system shall be defined
by a permanent easement and may be included in the determination of
minimum lot area for each lot.
[2]
The Planning Board may reduce any area or dimension
required in the R-3 District by up to 33% upon a determination that
water supply and sewage disposal systems satisfy all applicable requirements,
that public health and safety will not be adversely affected and that
the purposes of the Conservation Design Overlay District will be better
served by such reduction.
[2]
Editor's Note: The Density Control Schedule
is included at the end of this chapter.
(b)
Protected open space. At least 50% of the gross
area of a conservation subdivision shall be set aside as protected
open space as defined herein. Large conservancy lots of 10 acres or
more may comprise some or all of the required protected open space.
(4)
Subdivisions of 20 lots or more shall be subject to the following additional requirements in addition to those set forth in Subsection B(3) above:
(5)
Standards for average density subdivisions. Wherever
average density subdivisions are permitted, the following standards
shall apply to an average density subdivision:
(a)
Individual lots may be reduced in area below
the minimum lot size required in the district, provided that the average
size of all lots created in the subdivision is not less than the minimum
required in the district.
(b)
No lot shall have an area of less than one acre
unless served by a central water and/or sewer system.
(d)
All lots shall comply with the minimum dimensional
requirements of the Density Control Schedule[4] in the R-3 District.
[4]
Editor's Note: The Density Control Schedule
is included at the end of this chapter.
(e)
A building envelope of no more than two acres
shall be established on each lot with an area of more than two acres
and delineated on the final plat. No buildings may be constructed
beyond said building envelope with the exception of a permitted accessory
structure with a floor area no greater than 600 square feet, except
that outbuildings such as barns or sheds associated with agricultural
uses may exceed such floor area.
(f)
No paved areas or other impervious areas may
be created beyond the building envelope. No regrading or removal of
vegetation in a contiguous area greater than one acre shall take place
beyond said building envelope except for establishment of agricultural
uses, maintaining open fields or forest management purposes in accord
with NYS DEC Timber Harvesting Guidelines.
(g)
Lands outside the building envelope shall be
delineated so as to provide continuity with other such lands within
the subdivision and adjoining properties, to the maximum extent possible.
(h)
No lot in an average density subdivision may
be further subdivided except under the following conditions:
[1]
The total number of lots which would result does not exceed the number determined in accord with the procedures set forth in Subsection B(2) above at the time of the original subdivision.
[2]
No new lot created shall have an area less than
the basic minimum lot area required in the district in which it is
located.
(6)
Special provisions for minor subdivisions in the R-1
and A-2 Districts. Minor subdivisions in the R-1 and A-2 Districts
may be developed at the density applicable prior to the effective
date of this section (one acre in the R-1 and two acres in the A-2
District) if at least 25% of the gross area of the tract is set aside
as protected open space and the design guidelines set forth in Appendix
B[5] are followed.
[5]
Editor's Note: Appendix B is included at the
end of this chapter
(7)
Waivers needed for conventional subdivisions. Conventional
subdivisions (other than minor subdivisions) which are not consistent
with the standards of the Conservation Design Overlay District shall
be allowed only upon issuance of a waiver of every requirement for
conservation subdivisions, including those requirements set forth
in the design guidelines, by the Planning Board, with a vote of a
majority plus one of all members, subject to the following criteria:
The applicant must make a compelling case, detailing exactly how and
why the proposed layout better fulfills the policies and goals of
the Marbletown Comprehensive Plan, compared with a conservation design
for the property, which shall also be submitted, particularly with
respect to the protection of productive farmland, wildlife habitat
(including meadows and woodlands), surface and groundwater supplies,
scenic viewsheds and rural character. The applicant must also demonstrate
that each requirement to be waived is not necessary to further public
health, safety and general welfare concerns. These criteria are in
addition to the requirements an applicant must satisfy for conventional
subdivisions set forth in this Zoning Law and the Town's Subdivision
Regulations.
C.
Uses allowed. The uses allowed in a Conservation Design
Overlay District shall be the same as those permitted in the underlying
district.
D.
Design standards. The design of subdivisions subject
to this section shall follow the design guidelines set forth in Appendix
B of this Zoning Law.
[1]
Editor's Note: This local law also repealed
former § 200-48, Average density subdivisions. Said local
law also provided that it is the express intent of the Town Board
to supersede § 277, Subdivision 7, of the Town Law to the
extent that this section is stricter with respect to the standard
for granting waivers.
[Added 7-8-1998 by L.L. No. 2-1998; amended 1-22-2002 by L.L. No. 1-2002]
No commercial telecommunications service (CTS)
facility shall hereafter be used, erected, moved, reconstructed, changed
or altered unless in conformity with these regulations.
A.
Purposes. This section has been enacted to regulate
the development of CTS facilities in the Town of Marbletown consistent
with the following purposes:
(1)
To preserve the character and appearance of the Town
while simultaneously allowing adequate telecommunications service
to be developed, and provide a sufficient number of locations to accommodate
the needs of telecommunications service providers;
(2)
To protect the scenic, historic, environmental, and
natural or man-made resources of the community;
(3)
To provide standards and requirements for regulation,
placement, construction, monitoring, design, modification, and removal
of commercial telecommunications service facilities;
(4)
To establish a systematic review process that ensures
action within a reasonable period of time for requests for authorization
to place, construct, operate, or modify CTS facilities;
(5)
To preserve property values;
(6)
To minimize the total number and height of facilities
throughout the community while providing adequate coverage for the
Town of Marbletown;
(7)
To locate CTS facilities so that they do not have
negative impacts on the general safety, welfare and quality of life
of the community due to such factors as, but not limited to, attractive
nuisance, noise and falling objects;
(8)
To require owners or sponsors of CTS facilities to
configure them so as to minimize and mitigate the adverse visual impact
of the facility;
(9)
To encourage sharing and the clustering of CTS facilities
where possible and consistent with the design guidelines established
herein.
B.
Preferred types of facilities. It is the policy of
the Town of Marbletown that preference be given to the location and
design of CTS facilities in the following order:
(1)
Class A facilities: facilities that are incorporated
into the design of existing structures such as church steeples, farm
silos, water towers, etc., or added to such structure, so that the
CTS facility is indistinguishable from the structure itself.
(2)
Class B facilities:
(a)
Facilities that are attached to or mounted on
existing tall structures such as utility poles, transmission line
towers, silos, etc.
(b)
Facilities that are collocated on existing CTS
facilities that have previously been approved under this section,
subject to the design standards set forth below.
(c)
New facilities located in structures that are
designed to simulate features such as silos, flagpoles, steeples,
etc.
(3)
Class C facilities: facilities other than Class A
or B facilities that conform to the design standards set forth below.
Class C facilities shall be considered Type I actions for purposes
of review under the State Environmental Quality Review Act (Environmental
Conservation Law, Article 8, 6 NYCCR Part 617).
C.
Procedures.
(1)
Class A facilities. Class A facilities may be erected
upon approval of a building permit and submission of the following
documentation to the Code Enforcement Officer: type of antennas, antenna
gain, output frequency, number of channels, predicted coverage propagation
plots indicating the signal level depicted and effective radiated
power per channel.
(2)
Special use permit. No Class B or Class C CTS facilities shall be erected, reconstructed, altered, installed or moved unless a special use permit has been granted by the Zoning Board of Appeals, as provided in § 200-75, in accordance with the provisions of this section.
(3)
Application. The applicant for a Class B or Class C facility shall submit an application as required by the Zoning Board of Appeals plus a site plan as specified in § 200-68E. In addition to other required information the site plan shall show all existing and proposed structures and improvements, including roads, buildings, facility(ies), guy wire anchors, parking and landscaping, and shall include grading plans for new facilities and roads.
(4)
Supporting documentation. In addition to the site
plan, the applicant shall also submit the following:
(a)
A "zone of visibility" map showing all land area within five miles of the proposed facility from which the proposed facility will be visible. Based on the results of this map, the Zoning Board of Appeals may require submission of additional data, including, but not limited to, a visual simulation of the proposed facility from specific viewpoints as set forth in Subsection D(9) below.
(b)
A map and written documentation of any facility
sites in the Town of Marbletown and abutting towns which the applicant,
its affiliates, agents, successors or assigns controls or in which
it has a legal or financial interest. From each such facility site,
it shall demonstrate with written documentation that these facility
sites are not already providing or do not have the potential to provide
adequate coverage and/or adequate capacity to the Town of Marbletown.
The documentation for each facility site listed shall include, but
not be limited to, the exact location, ground elevation, height of
tower or structure, type of antennas, antenna gain, height of antennas
on tower or structure, output frequency, number of channels, predicted
coverage propagation plots indicating the signal level depicted and
effective radiated power per channel. Similar documentation shall
be provided for all facility sites in the Town of Marbletown and in
abutting towns in which the applicant has no controlling legal or
financial interest.
(c)
Build-out plan. With any carrier's first application
for a commercial telecommunications service facility within the Town
of Marbletown, a build-out plan shall be submitted which depicts the
general location, height and design of all other facilities which
are deemed necessary within the Town to accomplish the applicant's
coverage objectives and capacity requirements. Such build-out plan
shall be based on the height, location and output of the initial proposed
facility and shall include predicted coverage propagation plots indicating
the signal level depicted showing all existing and future facilities
within the Town and within a five-mile radius of the Town's boundaries.
The build-out plan shall include a narrative which explains the basis
for selecting or eliminating sites.
(d)
Alternative build-out plans. If the applicant
is proposing a Class C facility, as defined below, the buildout plan
described above shall be accompanied by an alternative plan(s) utilizing
a combination of Class A and/or B facilities.
(5)
Review consultants. The Zoning Board of Appeals may
request a review of the application by a qualified independent structural
and/or telecommunications engineer, attorney and planner for evaluation
of the need for, height and design of any new facility, including
its ability to accommodate future shared use. The reasonable and necessary
cost of such review shall be audited by the Zoning Board of Appeals
and subject to review by the Town Board and be borne by the applicant.
D.
Standards.
(1)
Design policies. The standards set forth below are
intended to implement the following policies regarding location and
design of CTS facilities:
(a)
The visibility of a CTS facility shall be limited
to the absolute minimum necessary to provide adequate service.
(b)
Visibility shall be kept to a minimum by use
of a combination of appropriate techniques, including height limits,
color and texture of material, camouflage or "stealth" design, size,
scale and shape of equipment.
(c)
Limited visibility is most important when a
CTS facility is located within or visible from significant viewsheds,
open spaces or historic sites identified in the Town's Comprehensive
Plan.
(d)
Collocation of facilities is preferred to new
facilities only when such collocation does not increase the height
or visibility of the CTS facility.
(e)
Several small facilities which have minimal
visibility are preferred to one facility which has significant visibility.
(f)
Class C facilities shall only be approved if
the applicant can demonstrate that adequate service cannot be provided
by use of Class A and/or B facilities.
(2)
Exempted telecommunications service facilities. This
section specifically exempts the following wireless telecommunications
service facilities: police, fire, ambulance and other emergency dispatch;
and amateur (ham) radio dispatch services for local businesses. A
CTS facility shall not be considered exempt from this section because
said facility is proposed to share a facility or other structure with
such exempt uses.
(3)
(4)
Design standards.
(a)
Class B facilities located on existing utility
poles or similar structures shall be of a size, color and profile
to minimize visibility.
(b)
Class B facilities (collocated) shall be designed
so that the height of the structure is not increased and the existing
design elements are maintained.
(c)
Class C facilities shall be subject to the following
standards:
[1]
The facility shall not be sited in an open field,
meadow or similar unwooded area.
[2]
The maximum height of any facility shall not
exceed 15 feet above the average tree height as measured within a
one-hundred-foot radius of the facility or 10 feet above the height
of the tallest tree within a fifty-foot radius of the facility, whichever
is less.
[3]
No facility shall be silhouetted against the
sky as seen from any viewpoint located 1,000 feet or more from the
base of the facility.
[4]
Unless specifically required by other regulations,
all facilities shall have a neutral, earth tone or similar painted
finish that will minimize the degree of visual impact that a new facility
may have.
(d)
Antennas should be designed with a minimum of
protruding elements and shall be as close to the supporting building,
pole or tower as possible.
(e)
Equipment shelters and similar accessory structures
shall be of the minimum size necessary and either concealed in existing
structures or utilize materials, colors, shapes and textures to blend
with the immediate surroundings or buried underground.
(5)
Shared use of existing facilities. An applicant shall
be required to present an adequate report inventorying existing communications
towers and other tall structures within five miles of the proposed
site and outlining opportunities for shared use of such facilities
as an alternative to a proposed new Class C commercial telecommunications
service facility.
(a)
An applicant proposing to share use of an existing
facility shall be required to document intent from an existing facility
owner to allow shared use.
(b)
The Zoning Board of Appeals may consider a new
CTS facility where the applicant demonstrates that shared usage of
an existing facility is impractical due to inadequate safety, capacity
and/or coverage as evidenced by accepted industry standards agreed
upon by the applicant and the Town's review engineer. The applicant
shall be required to submit a report demonstrating good faith efforts
to secure shared use from existing facilities as well as documentation
of the physical and/or financial reasons why shared usage is not practical.
Written requests and response for shared use shall be provided.
(6)
Shared usage of site with new facility. Where shared
usage of an existing facility is found to be impractical, the applicant
shall investigate and report to the Zoning Board of Appeals concerning
shared usage of an existing facility site for its ability to accommodate
a new facility and accessory uses. Any new CTS facility approved for
an existing facility site shall be subject to the standards set forth
herein.
(7)
New facility at a new location. The Zoning Board of Appeals may consider a new CTS facility on a site not previously developed with an existing facility when the applicant demonstrates that shared usage of an existing facility site is infeasible, and submits a report as described in Subsection D(5)(b) and D(6) above.
(8)
Future shared usage of new facility. Unless proven
to be infeasible, the applicant must design a proposed CTS facility
to accommodate future demand for similar facilities which comply with
the design standards set forth herein.
(9)
Visual impact assessment. The Zoning Board of Appeals
may require the applicant to undertake a visual impact assessment
of any proposed new Class B or Class C facilities or any proposed
modifications of an existing facility. The ZBA shall utilize the relevant
techniques and criteria below that it determines to be appropriate
to evaluate the visual impact of the proposed facility. In its review
of the visual impact assessment, the Zoning Board of Appeals shall
consider, among other impacts, the visibility of the facility above
nearby ridgelines, its height in relation to the tree crown in the
surrounding area, its color and materials in relation to those of
nearby structures and other factors which contribute to or detract
from the harmony of the visual environment.
(a)
Assessment of "before" and "after" views from
key viewpoints both inside and outside of the Town, including state
highways and other major roads, from state and local parks and other
public lands; from any privately owned preserves and historic sites
normally open to the public, from any other location where the site
is visible to a large number of visitors or travelers and from residences
within one mile of the facility. The assessment of visual impact shall
consider the number of views, the extent of discord created in the
view, the duration of views and the sensitivity of the land use affected.
(b)
Suspension of balloons or other means to depict
the height and location of towers proposed.
(c)
Assessment of alternative facility designs and
color schemes, including "stealth designs" that camouflage the facility.
(d)
Assessment of visual impact of the facility
base, guy wires, all appurtenances, accessory buildings and overhead
utility lines from abutting properties and streets.
(10)
Existing vegetation. Existing on-site vegetation
shall be preserved to the maximum extent possible. No cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place within a period beginning six months
prior to submission of an application for a special permit and ending
upon the approval of the special use permit. Clearcutting of all trees
in a single contiguous area exceeding 10,000 square feet shall be
prohibited, and no trees shall be removed within a natural vegetated
buffer to be maintained around the entire perimeter of the site with
a minimum width of 50 feet, except for the access drive. Methods to
control vegetation growth at the completed site shall be specified
for approval.
(11)
Screening. Deciduous or evergreen tree plantings
may be required to screen portions of the facility and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where the site abuts residential
or public property, including streets, the following vegetative screening
shall be required where necessary to supplement existing vegetation.
For all facilities, at least one row of native evergreen shrubs or
trees capable of forming a continuous hedge at least 10 feet in height
within two years of planting shall be provided to effectively screen
the facility base and accessory facilities. In the case of poor soil
conditions, planting may be required on soil berms to assure plant
survival. Plant height in these cases shall include the height of
any berm.
(12)
Access. Adequate emergency and service access
shall be provided. Maximum use of existing roads, public or private,
shall be made. Road construction shall, at all times, minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts, or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(13)
Parking. Parking shall be provided in accordance with § 200-39. No parking space shall be located in any required yard.
(14)
Safety. The applicant shall be wholly responsible
for ensuring that the telecommunications service facility site and
all structures situated thereon are safe and secure for all purposes,
uses and activities.
E.
Other requirements.
(1)
Removal of facilities.
(a)
Any CTS facility which ceases to operate for
a period in excess of one year shall be wholly removed from the site.
"Cease to operate" is defined as not performing all normal functions
associated with operation of the CTS facility and its equipment for
a period in excess of one year.
(b)
Prior to special use permit approval being granted
by the Zoning Board of Appeals, the CTS facilities' applicant, sponsor,
lessee, contract vendee or owner, their successors and assigns shall
obtain a financial surety, bond or similar undertaking sufficient
to cover the entire cost of removal of the CTS facilities and the
reclamation of the affected landscape to substantially the same condition
as prior to the facilities' construction. Said financial surety, bond
or similar undertaking shall be in an amount acceptable to the Zoning
Board of Appeals and substantiated by a qualified and independent
engineering expert as designated by the Zoning Board of Appeals.
(c)
As part of the application process the applicant
shall submit to the Zoning Board of Appeals a letter of commitment,
which shall commit the CTS facility's owner and its successors and
assigns to notify the Code Enforcement Officer, in writing, within
30 days of the discontinuance of use of the facility. Failure to notify
and thereafter remove the facility and all appurtenances within a
period not to exceed one year from the giving of said written notice
shall be deemed a violation punishable under applicable provisions
of this chapter. Notwithstanding this provision, the Code Enforcement
Officer shall have the right to independently investigate any discontinuance
of the facility and render a written determination setting forth the
extent, duration and facts evidencing the violation and the discontinuance
of the facility. Upon rendering said written determination, written
notice of the determination shall be provided to the owner and the
lessees of the facility and the owners of the real property upon which
the facility is situated by certified mail, return receipt requested.
Upon proven receipt of the notice of the determination by the facility
owner, any lessee of the facility and the owners of the real property
on which said facility is situated, the Code Enforcement Officer and
the Town of Marbletown may commence legal proceedings to levy upon
the financial surety, bond or similar undertaking and have the facility
removed from the site in accordance with all applicable law. If the
bond or security is inadequate or unavailable, after due notice, the
Town may remove the structure and levy the costs upon the owner of
the real property.
(2)
Insurance. Comprehensive general public liability
insurance protecting against casualty and loss shall be obtained by
the project sponsor or facility owner at the time the special use
permit is approved by the Zoning Board of Appeals. The policy shall
be obtained from an insurance company duly licensed to do business
in New York. Said policy shall cover all occurrences and casualty
loss and shall be in the amount of a minimum of $1,000,000 per occurrence.
A certificate of insurance shall be tendered to the Zoning Board of
Appeals at the time of final special use permit approval naming the
Town of Marbletown, its successors and assigns as loss payee and additional
insured. Said insurance coverage shall be maintained, with written
proof thereof being provided to the Town of Marbletown, its successors
and assigns on a yearly basis for the period of time the CTS facility
is in existence. The form, sufficiency and terms of the insurance
coverage aforesaid shall be subject to the approval of the Municipal
Attorney for the Town of Marbletown.
(3)
Structural inspection.
(a)
A CTS facility owner shall submit to the Code
Enforcement Officer an annual inspection report prepared for the insurance
carrier by an accepted tower maintenance company certifying the continued
safety of the facility.
(b)
Should the inspection of any CTS facilities
reveal any defect or change which the Code Enforcement Officer determines
renders the facility, or portion thereof, unsafe, the Code Enforcement
Officer shall notify the facility owner of the unsafe conditions and
thereafter take necessary actions under law to have the unsafe conditions
remedied.
(4)
Modifications.
(a)
Any modification of any existing CTS facilities
shall require a structural analysis, which shall be submitted to the
Code Enforcement Officer for review. For the purposes of this subsection,
"modification" is defined as any alteration, change or proposed change
in structure or dimension of an existing facility, number of antennas,
change in antenna type or model and repositioning of any antenna.
(b)
Any modification in a CTS facility which affects factors related to the design standards set forth in Subsection D(4) above shall be referred to the Zoning Board of Appeals for a determination as to whether such modifications affect the findings of the Board regarding approval of the special permit. If the Board determines that the basis for the findings is affected, the owner of the CTS facility shall submit an amended application, which shall be considered under the procedures in Subsection C above.
(5)
Monitoring and evaluation of compliance:
(a)
Pre-testing. After the granting of a special
permit and before the CTS facility begins transmission, the applicant
shall retain an independent consultant to monitor the background levels
of EMF radiation around the proposed facility site and/or any repeater
locations to be utilized for applicant's CTS facility. The independent
consultant shall use a monitoring protocol consistent with accepted
engineering practice. A report of the monitoring results shall be
prepared by the independent consultant and submitted to the Zoning
Board of Appeals.
(b)
Post testing. Within 30 days after transmission
begins, the owner(s) of any CTS facility located on any facility site
shall retain an independent consultant to conduct testing and monitoring
of EMF radiation emitted from said site, and report results of said
monitoring to the Code Enforcement Officer within 15 days. The independent
consultant shall use actual field measurement of radiation, utilizing
a monitoring protocol consistent with accepted engineering practice
to measure levels of EMF radiation from the facility site's primary
antennas as well as from repeaters (if any).
[1]
CTS facility owner(s) shall provide the Code
Enforcement Officer with copies of the annual report on emission compliance,
certified by a licensed engineer, which is submitted to the FCC.
[2]
Any modification of an existing CTS facility,
or the activation of any additional permitted channels, shall require
new monitoring.
(c)
Excessive emissions. Should the monitoring of
a facility site reveal that the site exceeds the FCC OET-65 standard,
then the owner(s) of all facilities utilizing that site shall be so
notified. The owner(s) shall take all necessary measures to reduce
emission within 30 days of initial notification of noncompliance.
Failure to accomplish this reduction of emission to comply with the
FCC OET-65 standard within 30 days of initial notification of noncompliance
shall be a violation of the special use permit and subject to penalties,
fines and enforcement as specified in this chapter. Such fines shall
be payable by the owner(s) of the facilities with antennas on the
facility site, until compliance is achieved.
(6)
Maintenance. All structural and nonstructural elements
of the site, including towers, accessory structures, landscaping and
stealth design features, shall be maintained in the condition on which
the original special permit was based.
F.
Criteria for approval. Notwithstanding any other findings
which it may make, the Zoning Board of Appeals shall specifically
make all of the following findings before granting the special use
permit:
(1)
That the applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Marbletown; and
(2)
That the applicant is not able to use existing facilities
or sites to provide adequate coverage and/or adequate capacity to
the Town of Marbletown; and
(3)
That the applicant has agreed to rent or lease available
space on the facility, under the terms of a fair-market lease, without
discrimination to other telecommunications service providers; and
(4)
That height and design of the proposed telecommunications
service facility minimizes visibility of the facility and will not
have a significant adverse impact on historic resources, scenic views,
residential property values, natural or man-made resources; and
(5)
That the proposed telecommunications service facility
shall comply with all FCC regulations regarding emissions of electromagnetic
radiation and that the required monitoring program is in place and
shall be wholly paid for by the applicant.
G.
Authority to impose conditions. The Zoning Board of
Appeals shall have the authority pursuant to special use permit review
to impose such reasonable conditions as are directly related to and
incidental to the proposed CTS facilities, including that the special
permit may require periodic renewal. The Zoning Board of Appeals shall
act and render any special use permit final decision upon an application
for a CTS facility in conformance within 47 USC § 332(7)
of the Telecommunications Act of 1996, as promulgated and amended.
In addition to the definition set forth in this chapter, the term
"commercial telecommunications service facilities" shall be deemed
to encompass and regulate "personal wireless service facilities" as
said facilities are defined at 47 USC § 332(7)(c)(i) to
(iii).
[Added 8-1-2017 by L.L.
No. 6-2017]
No solar energy system or device shall be installed or operated
in the Town of Marbletown except in compliance with this article.
The requirements of this section shall apply to all solar energy systems
installed or modified after its effective date, excluding general
maintenance and repair. Solar-thermal systems and building-integrated
photovoltaic (BIPV) systems are permitted outright in all zoning districts,
subject to building permits if determined required.
A.
Permit requirements.
(1)
All large-scale solar energy system installations shall be performed
by a qualified solar installer. Small-scale solar energy systems may
be installed by any party capable of meeting code requirements for
the completed installation in the judgment of the building inspector.
(2)
Solar energy systems shall meet New York's Uniform Fire
Prevention and Building Code and National Electrical Code standard
as adopted by New York State.
(3)
A plan showing location of major components of solar system
and other equipment on the proposed site. This plan should represent
relative location of components on site, including, but not limited
to, racking or structure, inverter(s), new electrical panels, switches
and protective equipment, new private and utility meters, new wiring
and the point of common coupling (PCC) to the load serving entity
(LSE), existing electrical service location, utility meter. A basic
description of system orientation and tilt angle shall be provided.
This plan shall show access and pathways that are compliant with New
York State Fire Code, if applicable.
(4)
Specification sheets for all solar-specific manufactured components.
(6)
No less than 30 days prior to operation, a copy of a signed
"standard interconnection requirements" contract between the permit
holder, installer or system owner and the load serving entity must
be provided to the Town Building Department.
B.
Small-scale solar energy system as an accessory use.
(1)
Applicability.
(a)
For purposes of this section, the term "small-scale solar" refers
to solar photovoltaic systems which generate power exclusively for
on-site use by the building or lot to which they are attached, and
do not provide energy for any other lots. The use and/or structure
shall be accessory to the main use and/or structure and shall be incidental,
related, appropriate and clearly subordinate and less than 25kW (DC)
in size. If in compliance with the standards for accessory uses, the
only approval required shall be a building permit, if necessary.
(b)
Solar energy collectors photovoltaic systems 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 "community
distributed generation," 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, as
it may be amended, or similar state or federal statute.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that generate electricity
solely for on-site use are permitted as an accessory use in all zoning
districts when attached to any lawfully permitted and constructed
building or structure, subject to building permits. Such systems shall
be exempt from site plan review under the Marbletown Zoning Law.
(b)
Height. Solar energy systems shall not exceed maximum height restrictions within the zoning district it is located in, as illustrated in the Schedule of District regulations of this Code, and are provided the same height exemptions granted to building-mounted mechanical devices or equipment. See also § 200-23, Height exceptions.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
be erected, when feasible, so that panels facing the front yard are
mounted at the same angle as the roof's surface when the roof
slope exceeds 11° with a maximum distance of 18 inches between
the roof and highest edge of the system.
(3)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that generate electricity
solely for on-site use are permitted as accessory structures in all
zoning districts, subject to a building permit.
(b)
Height and setback. A ground-mounted solar energy system shall
not exceed a height of 15 feet when panels are at full tilt. Panels
shall not be located within the required side or rear yard setback
and shall be restricted to a 10° tilt angle or screened by vegetation
if not set back at least 100 feet from the front property line.
C.
Single-development solar energy systems.
NOTE: This category would apply to larger-scale systems intended
to serve such uses as a single subdivision, multifamily development,
commercial or industrial facility, or other development under single
ownership or lease. Additional standards for such systems can be added
if desired. A special use permit shall be required.
D.
Large-scale solar energy systems. A large-scale solar energy system shall require a special use permit issued subject to the standards and procedures set forth in § 200-46D(17).
E.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
FLUSH-MOUNTED SOLAR PANEL
GRID, UTILITY GRID or PUBLIC UTILITY GRID
GROUND-MOUNTED, FREESTANDING, OR POLE-MOUNTED SOLAR ENERGY SYSTEM
NET-METERING
OFF-SITE USE
ON-SITE USE
PHOTOVOLTAIC (PV) SYSTEMS
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ELECTRIC GENERATING EQUIPMENT
SOLAR ENERGY SYSTEM, LARGE-SCALE
SOLAR ENERGY SYSTEM, SMALL-SCALE
SOLAR ENERGY SYSTEMS
SOLAR PANEL
SOLAR THERMAL SYSTEMS
Definitions. The following definitions shall apply specifically to
this section:
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.
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.
Commercial electric power distribution system that takes
electricity from a generator (e.g., fossil fuel boiler and generator,
diesel generator, wind turbines, water turbine, etc.), transmits it
over a certain distance, then takes the electricity down to the consumer
through a distribution 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.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage.
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
A type of solar energy system that produces electricity by
the use of semiconductor devices, called photovoltaic cells, that
generate electricity whenever light strikes them. A PV system typically
includes solar panels, inverters, transformers and similar appurtenances
and the mounting structures or attachments controlling panel orientation
and resisting mechanical or natural forces (wind, snow, etc.).
A solar panel system located on the roof of any legally permitted
and/or constructed building or structure for the purpose of producing
electricity for on-site or off-site use.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or solar hot water collector device, which relies upon solar radiation
as an energy source for the generation of electricity or transfer
of heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
A solar energy system that is intended to produce electricity
primarily for distribution off site (including those known as "community
systems") that uses photovoltaic systems and consists of one or more
free-standing, ground-mounted solar collection devices, solar-related
equipment and other accessory structures and buildings including substations,
electrical infrastructure, battery storage containers, transmission
lines and other appurtenant structures and facilities. Solar photovolatic
systems with greater than 25 kW (DC) capacity are deemed to be large-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. Solar
photovoltaic systems with less than or equal to 25kW (DC) capacity
are deemed to be small-scale.
Structures, equipment, devices or construction techniques
that capture and/or convert solar radiation into usable heat (solar
thermal systems) or electricity (solar photovoltaic systems) and may
be attached to or separate from the principal structure.
A photovoltaic device that converts solar light into electricity.
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.
[Added 5-25-1999 by L.L. No. 1-1999]
A.
Applicability. These design standards and guidelines
for business districts shall apply in the SR, B-1 and B-2 Districts
throughout the Town of Marbletown as further described in Appendix
A.[1] The regulations established herein are not intended as
a substitute for other district provisions but are additional standards
to be met by the applicant or developer, prior to project approval.
If there should be a conflict between the provisions of this section
and other provisions of this chapter, the more restrictive shall apply.
[1]
Editor's Note: Appendix A is included as an
attachment to this chapter.
B.
Regulated actions. The only actions that shall be subject to the Design Standards and Guidelines For Business Districts in Appendix A are those that require approval by either the Town of Marbletown Planning Board pursuant to § 200-68, Site plan approval, or the Zoning Board of Appeals under § 200-46, Uses allowed by special permit. Actions by public agencies or special districts shall not be subject to the Design Standards and Guidelines.
C.
Review procedures.
(1)
No separate application for approval under this section
is required.
(2)
In addition to data and plans required to be submitted
for site plan approval or special permit approval, every applicant
shall also submit the additional data or plans necessary to comply
with the guidelines set forth in Appendix A.
(3)
Prior to approval of a site plan or special permit
subject to the provisions of this section, the reviewing board shall
make a determination that the proposed action complies with the Design
Standards and Guidelines for Business Districts set forth in Appendix
A to this chapter and set forth such finding in its resolution of
approval.
[Added 10-13-1999 by L.L. No. 4-1999]
A.
Findings and purpose.
(1)
Findings. The Town Board hereby finds that certain
businesses categorized as "adult uses" by their nature have serious,
objectionable characteristics related to their operation which can
lead to a significant deleterious impact on the surrounding community.
The Board further finds that the unrestrained proliferation and/or
concentration of such businesses is inconsistent with existing development
and future plans for the Town of Marbletown in that they often result
in influences on the community which increase the crime rate and undermine
the economic, cultural, and social welfare of the community. The deleterious
effects of these businesses change the economic, social and cultural
character of the existing community and adversely affect existing
businesses and community and family life. These findings are based
on studies and findings regarding such uses which have been undertaken
by and incorporated in legislation enacted by other communities, including
the City of Kingston and Town of Islip, New York; Austin, Texas; Indianapolis,
Indiana; and Los Angeles, California, as well as the opinions expressed
by local residents and business owners. The Town Board further finds
that the Town of Marbletown is particularly vulnerable to the effects
of adult businesses since it is a rural community containing several
historic hamlets and a County Community College. The Town's resources
would be severely strained if called upon to address the potential
increased demand for crime prevention, degradation of the community's
unique and fragile retail area, the potential decline in property
values and overall quality of the community that the proliferation
of such uses could dangerously affect. The Town Board further finds
that adult uses are commercial uses which are appropriately located
in business districts. The Town has two types of business districts.
The B-1 District is located at the center of the two historic hamlets
(Stone Ridge and High Falls) which are listed on the National Register
of Historic Places and include other local business uses and are in
close proximity to surrounding residences. The B-2 Districts are of
limited area and located in more isolated areas on the Town's main
highways, although they also include other businesses and are near
residences. Of the Town's total area of 35,136 acres, a total of only
approximately 300 acres (0.8%) are divided into seven small individual
business districts. This situation makes it very difficult to establish
appropriate locations for the full array of possible adult uses in
a manner which will not alter the character of the business district
or generate adverse impacts on nearby residences. Therefore, the Town
Board has determined that there are no appropriate locations for adult
uses that provide on-site entertainment and the assemblage of crowds
and attendant noise and traffic. However, some sites in the B-2 District
are appropriate for adult uses which offer goods or services for use
off-site, if conducted in accordance with standards to protect nearby
uses.
(2)
Purpose. The purpose of this section is to prevent
the unrestricted proliferation of adult businesses and to ensure that
the effects of such businesses will not adversely affect the health,
safety and economic well-being of the community by enacting criteria
for the establishment of adult business uses in the Town.
B.
ADULT ARCADE
ADULT BOOKSTORE
ADULT BUSINESS
ADULT ENTERTAINMENT CABARET
SPECIFIED ANATOMICAL AREAS
(1)
(a)
(b)
(c)
(2)
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors or similar machines
are available and are used to show films, motion pictures, videocassettes,
slides or other photographic reproductions which are characterized
by emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas. For the purposes of this
chapter, "adult arcade" is included within the definition of "adult
motion-picture theater."
An establishment or business, whether retail or wholesale,
having more than 20% of its stock-in-trade (recordings, books, magazines,
periodicals, films, videotapes/cassettes or other audio or viewing
materials) for sale or rent for viewing or use only off the premises,
which stock is distinguished or characterized by its emphasis on matter
depicting, describing, or relating to sexual activities or sexual
anatomical areas.
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult arcades,
adult bookstores, adult theaters, and adult entertainment cabarets.
An enclosed building or structure or portion of a building
or structure used for presenting film or similar materials or performances
by live persons having as a dominant theme material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
The following areas of the body that are less
than completely and opaquely covered:
Human genitals or pubic region.
The cleavage of the human buttocks.
That portion of the human female breast encompassed
within an area falling below the horizontal line one would have to
draw to intersect a point immediately above the top of the areola
(the colored ring around the nipple). This definition shall include
the entire lower portion of the breast but shall not be interpreted
to include any portion of the cleavage of the breast exhibited by
a dress, blouse, shirt, leotard, bathing suit or other wearing apparel,
provided that the areola is not so exposed.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
C.
Special permit required for an adult business in the
B-2 District.
(2)
Any special permit issued under this section shall
be subject to renewal annually by the Zoning Board of Appeals in the
month in which the original permit was issued. Such renewal shall
only be granted upon a determination by the Board that all requirements
of this section and specific conditions of approval are being complied
with and that no factors which would have affected the original approval
have changed.
D.
Standards for adult businesses.
(1)
Adult bookstores permitted in the B-2 District are
subject to the following standards and all other relevant requirements
of this chapter:
(a)
Such use shall not be located within 250 feet
of a residential zoning district.
(b)
Such use shall not be located within 500 feet
of a school, religious institution, day-care facility, hospital, community
center or public park.
(c)
Such use shall not be located within 500 feet
of another adult business.
(d)
Such use shall not be located in any building
or on any lot of which any portion is used for residential purposes.
(2)
No adult business shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from the exterior of the building in which the use is located.
This provision shall apply to any display, decoration, sign, show
window, screen or other opening.
(3)
Loudspeakers or similar audio equipment used to describe
or discuss specified anatomical areas or sexual activities shall not
be audible from the exterior of the building in which it is located.
E.
Distance measurements. For the purposes of this chapter,
distance measurements shall be made in a straight line, without regard
to intervening structures or objects, from the nearest part of the
portion of the building or structure used as an adult business establishment
to the nearest property line of the premises of a church, school,
public park or public recreation area or to the nearest boundary of
a residential zoning district.
F.
Exclusions. The provisions of this section shall not
apply to licensed or accredited schools or museums, or to private
artists studios or galleries not open to the general public, or to
activities in a private residence by the occupants thereof.
[Added 10-17-2006 by L.L. No. 2-2006]
A.
Intent. The Town Board hereby recognizes that opportunities
to secure safe, adequate housing in the Town of Marbletown are limited
for certain people, particularly senior citizens and young families
of limited income. The Board finds that it is in the interest of the
Town to promote housing opportunities for these types of people in
certain types of developments where such people are income eligible
and are also seniors, young families, volunteer firefighters and members
of the rescue squad, or veterans, especially those veterans who are
disabled, under the provisions below. The Board's goal is to establish
a process and guidelines which will provide opportunities for both
flexibility and innovation in accomplishing this objective.
B.
Applicability. The provisions of this section shall
apply to subdivisions of 20 lots or more, or multifamily dwellings
of 20 dwelling units or more, as required under this chapter.
C.
Standards and procedures.
(1)
Required proportion of affordable units. In any development
where affordable housing is required, at least 10% of the housing
units shall be designated as affordable in accord with the definitions
and standards contained herein. Such units shall not be counted in
determination of the permitted number of lots allowed on a site.
(2)
Standards.
(a)
All affordable housing units shall be physically
integrated into the design of the development. Affordable housing
units shall be constructed to the same quality standards as market-rate
units. The exterior finishes for affordable units shall be indistinguishable
from all other units. If space permits, affordable units may be duplexes
or triplexes. The developer may, however, substitute different appliances
and interior hardware where such substitutions would not adversely
impact the livability of the unit.
(b)
All affordable housing units shall generally
be physically distributed throughout the development in the same proportion
as other housing units, though the Planning Board may use discretion
in reviewing and approving distribution.
(c)
To be eligible to purchase or rent an affordable
housing unit, the household's aggregate annual income must be between
80% and 120% of the Ulster County median family income for a family
of a particular size as determined annually by the United States Department
of Housing and Urban Development (HUD).
D.
Housing plan. Prior to approval of any application
subject to the provisions of this section, the applicant shall submit
a proposed housing plan to the Town Board that demonstrates how the
following objectives will be achieved:
(1)
The housing plan shall include procedures and regulations
regarding the following:
(a)
Methods to determine sale and rental prices
for affordable units.
(b)
Procedures to regulate resale prices of affordable
units.
(c)
Proposed phasing of affordable units in relation
to phasing of the total development.
(d)
Use of any other procedures deemed appropriate
to comply with the intent of this section.
E.
Approval.
(1)
The housing plan shall be approved by the Town Board
prior to approval of any site plan, subdivision or special permit
for which a housing plan is required.
(2)
The Planning Board shall include mention of such housing
plan in the notice of any required public hearing on the application.
(3)
As part of any approval of the housing plan, the Town
Board may require modifications to such housing plan to further the
intent of this section.
F.
Administration. The Town Board or its designee shall
be responsible for the administration of the affordable housing program.
The Town Board shall adopt procedures and rules to administer the
program. The administrative agency shall perform the following duties:
(1)
Accept and review applications;
(2)
Maintain eligibility list and annually certify and
recertify applicants;
(3)
Establish lottery procedures for selecting applicants;
(4)
Assist the Town Board and Planning Board in determining
and reviewing applications to build affordable units;
(5)
Recommend annual maximum income limits, rental prices
and resale values;
(6)
Review certification from owner and lessors of rental
units certifying that units are occupied by eligible families;
(7)
Maintain lists of all affordable units in the Town;
(8)
Review all deed restrictions for affordable units;
(9)
Review all lease terms for affordable units; and
(10)
Promulgate rules and regulations as necessary.
G.
Deed restrictions on the original and subsequent deeds
or instruments used to transfer title to affordable housing shall
include a provision indicating that the housing unit is an affordable
housing unit subject to perpetual restrictions on occupancy and resale.
The following paragraph must be included in all deeds and other transfer
instruments:
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"This dwelling has been constructed for use
by moderate-income families pursuant to a special affordable housing
program established under the Marbletown Town Code. All future sales,
resale or rental of this dwelling in perpetuity must be to a person
who is determined to be eligible pursuant to the criteria and priority
system set forth in the Marbletown Town Code and at a price determined
in accordance with the Town's affordable housing program."
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H.
Fees. Upon authorization of the Town Board, all or
a portion of planning, zoning and building fees related to provision
of affordable housing units may be waived.
[Added 1-15-2008 by L.L. No. 2-2008]
A.
Stormwater pollution prevention plans.
(1)
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications herein and in Chapter 167, Stormwater Management and Erosion and Sediment Control, of the Town of Marbletown Code.
(2)
Contents of stormwater pollution prevention plans
(a)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
[1]
Background information about the scope of the
project, including location, type and size of project;
[2]
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s);
[3]
Description of the soil(s) present at the site;
[4]
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
[5]
Description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
[6]
Description of construction and waste materials
expected to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response;
[7]
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout;
[8]
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
[9]
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
[10]
Temporary practices that will be converted to
permanent control measures;
[11]
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
[12]
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
[13]
Name(s) of the receiving water(s);
[14]
Delineation of SWPPP implementation responsibilities
for each part of the site;
[15]
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable;
[16]
Any existing data that describes the stormwater
runoff at the site; and
[17]
GPS (Global Positioning System) reference data
for stormwater outfalls and permanent structures built in accordance
with New York State Stormwater Management Design Manual where feasible.
(b)
Land development activities as defined in Article XI of the Zoning Law and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 200-53B(3) below as applicable:
[1]
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
[2]
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
[3]
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(c)
SWPPP requirements for Conditions A, B and C:
[2]
Description of each postconstruction stormwater
management practice;
[3]
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
[4]
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
[5]
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
[6]
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
[7]
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
[8]
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property.
[9]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 200-53C below.
(3)
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
(4)
Contractor certification.
(a)
Each contractor and subcontractor identified
in the SWPPP who will be involved in soil disturbance and/or stormwater
management practice installation shall sign and date a copy of the
following certification statement before undertaking any land development
activity: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the stormwater pollution
prevention plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
(b)
The certification must include the name and
title of the person providing the signature, address and telephone
number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
(c)
The certification statement(s) shall become
part of the SWPPP for the land development activity.
(5)
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
B.
Performance and design criteria for stormwater management
and erosion and sediment control. All land development activities
shall be subject to the following performance and design criteria:
(1)
Technical standards. For the purpose of this section,[2] the following documents shall serve as the official guides
and specifications for stormwater management. Stormwater management
practices that are designed and constructed in accordance with these
technical documents shall be presumed to meet the standards imposed
by this section:[3]
(a)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual");
(b)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
(2)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 200-53B(1) and the SWPPP shall be prepared by a licensed professional.
(3)
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
C.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance and inspection during construction.
(a)
The applicant or developer of the land development
activity or his or her representative shall at all times properly
operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this section.[4] Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
(b)
For land development activities as defined in § 200-89 of this chapter and meeting Condition A, B or C in § 200-53A(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(2)
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Town of Marbletown to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this section.[5] The easement shall be recorded by the grantor in the office
of the Ulster County Clerk after approval by the legal counsel for
the Town of Marbletown.
(3)
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this section[6] shall ensure they are operated and maintained to achieve
the goals of this section.[7] Proper operation and maintenance also includes as a minimum,
the following:
(a)
A preventive/corrective maintenance program
for all critical facilities and systems of treatment and control (or
related appurtenances) which are installed or used by the owner or
operator to achieve the goals of this section.[8]
(b)
Written procedures for operation and maintenance
and training new maintenance personnel.
(c)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 200-53B(3).
(4)
Maintenance agreements. The applicable reviewing board
within the Town of Marbletown shall approve a formal maintenance agreement
for stormwater management facilities binding on all subsequent landowners
and recorded in the office of the County Clerk as a deed restriction
on the property prior to final plan approval. The maintenance agreement
shall be consistent with the terms and conditions of Schedule B of
this section, entitled "Sample Stormwater Control Facility Maintenance
Agreement."[9] The Town of Marbletown, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this section[10] and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
