Town of Marlborough, NY Administration and Enforcement

It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Town that have present within their boundaries topographical conditions, hereinafter defined as "steep slopes and ridgelines."

Effective and reasonable application of these regulations will protect the health, safety and welfare of the citizens of the Town and is consistent with the Town of Marlborough Comprehensive Plan[1].

Editor's Note: This plan is on file in the Town offices.

The ridgeline protection area is defined as the area on the map known as the "Town of Marlborough Ridgeline Protection Map,"[2] adopted with this code, and any subsequent amendments. The ridgeline of the Town of Marlborough shall be generally viewed as the high points of the ridge commonly known as the "Marlborough Mountains" as viewed from the east in a westerly direction.

[2]

Editor's Note: This map is on file in the Town offices.

Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Town in their existing physical state or condition as of the date of the passage of this section.

The term "Town Engineer" shall include the Planning Board Engineer by definition.

No lot shall be created by subdivision or other means which, by its creation, would result in a separate lot that cannot meet the following provisions for steep slope regulation or ridgeline protection as hereafter delineated.

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

	Slopes	Permitted Activity
	Less than 15%	All activities
	15% to 25%	All activities, subject to review and approval of individual grading plans
	More than 25%	No disturbance permitted other than hereafter provided

Exception. The above construction control limitations for steep slopes are not applicable for isolated steep slopes with an area of a total of 10,000 square feet or less for the application under consideration.

Lot grading/driveway/drainage plans. For all lots with proposed disturbance of a 15% to 25% steep slope area, a lot grading, driveway, and/or drainage plans shall be approved by the Town Engineer prior to the issuance of subdivision approval or a building permit. Said plan shall include, but not be limited to, existing and proposed contours, limits of soil clearing and/or disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the other sections of the Code of the Town of Marlborough and/or Town Engineer, stormwater control measures. The Town Engineer may require additional information to make a determination of both applicability of steep slope and ridgeline protection as well as uphold the intent of this chapter.

No soil shall be excavated, removed, deposited or disturbed except as a result of, and in accordance with, a lot grading plan approved under the terms of this chapter.

Proposed disturbance of soil shall be for purposes consistent with the intent of this chapter.

Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions.

Provision shall be made for any structural or protective measures that proposed slopes may require for the protection of the public safety, including, but not limited to, retaining walls, guide rails, headwalls, and fences.

Buffers of undisturbed land shall be maintained between adjoining properties to the extent practicable as determined by the Town Engineer.

(6)

Should, in the opinion of the Town Engineer, application of these provisions render a lot that existed at the time this Code is adopted unbuildable, application of these regulations may be modified by the Town Engineer to preserve an allowable use of land with the intent that these provisions be applied to the greatest reasonable extent.

Ridgeline protection requirements.

Applicability, review of plans; compliance. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits of new buildings. The Planning Board or Zoning Board of Appeals, as the case may be, shall review all plans submitted under this section as part of any application for site plan, subdivision or variance approval.

Applicants shall submit for a determination whether the ridgelines depicted on a map entitled "Marlborough Ridgeline Protection Map" adopted upon the passage of this section is within 100 feet of the property which is the subject of the application for review and approval by the appropriate agency. Said map is intended as a guideline and is subject to further clarification by the Town Engineer for each property which may be affected. The applicant shall depict all ridgelines as shown on said map which are on or within 100 feet of said applicant's property. The map is intended to depict the ridgelines occurring in the Town at a USGS elevation of 750 feet or greater [in North American DATUM 1927 (NAD27)].

The determination of the presence of the ridgelines above mentioned shall be done on a map provided by the applicant with topography depicted at two-foot contour intervals.

Applicants for construction on properties to which this section applies shall demonstrate to the reviewing board or Town Engineer, as the case may be, that the proposed buildings or structures will not extend above the predominant treeline. No structure that is the subject of this section shall be located closer than 50 feet in elevation to the ridgeline affected by the application, as determined by the Town Engineer.

If, in the Town Engineer's opinion, such requirements would render an existing lot unbuildable, the Town Engineer may recommend the issuance of, and the Building Department may issue, a construction permit for an existing lot of record which does not meet the requirements of this section upon his determination that no suitable conforming location is available.

There shall be no disturbance within this fifty-foot area except for access driveways when said driveway cannot be reasonably located outside the fifty-foot area.

Development should be sited behind or below visual barriers such as trees, ridgelines and other topographic features. The height and location of development shall not alter the views of, and from, the natural ridgeline.

(6)

No agricultural activity, as defined in the Code of the Town of Marlborough, Chapter 115, Right to Farm, shall be impeded by the adoption of this section.

Violations; penalties for offenses.

Violation of any approvals or permits given under this section shall result in an immediate work stoppage, other than to protect life, limb and property. Work shall not resume until such violation(s) has been remedied or mitigation is authorized by the agency which issued the permit or approval.

Violations of this subsection shall be prosecuted pursuant to any relevant provisions in the Town Code, Town or state law.

Minor changes. The Town Engineer may approve minor changes to approved plans or permits if, in the opinion of the Town Engineer, such minor changes do not affect the intent or substance of said approval or permit.

This section shall be effective for all applications for permits, subdivision or other applicable actions filed after the date of adoption by the Town Board.

§ 155-42 Building permits.

Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert the use of any structure or building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a building permit has been issued by the Building Inspector. Building permits may be valid for a limited period of time for special uses of temporary nature, as set forth herein, and for other uses as may be regulated by the Zoning Board. Any unused building permit will expire after one year. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding six months each. Each extension shall require a fee in the amount set by resolution of the Town Board.[1] Nothing in this chapter shall be construed to require a building permit to accomplish normal repair and maintenance so long as the use, bulk and total habitable space of the building are not altered.

[Amended 8-22-1994 by L.L. No. 2-1994]

Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.

Water supply and sewage disposal.

All water supply and sewage disposal installations shall conform to the Ulster County Department of Health regulations. No site plan shall be approved by the Building Inspector in any district unless such conformity is certified on the plan.

No building permit shall be issued in the R-1 and R-Ag-1 Districts without certification that said lot complies with the percolation standards of the County of Ulster for a lot of the same size.

For principal permitted uses. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building, sign, parking or loading sign, parking or loading area or other physical feature, the existing and intended use of each building or part of a building, the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved and one copy each of all applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.

For special uses. All such applications shall be accompanied by plans and such other information as may be required by the Planning Board, except that, where site review is required, the following shall be furnished:

A general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses, such as schools and playgrounds, landscaping and other open spaces.

Architectural drawings and sketches demonstrating the design and character of the proposed uses.

Such other pertinent information as may be necessary to conform to the requirements for site plan review procedure, as set forth in § 155-31 of Article VI of this chapter.

Issuance of permits.

It shall be the duty of the Building Inspector to issue a permit, provided that he is satisfied that the structure, building, parking area and proposed use conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor. No building permit shall be issued until subdivision roads and curb cuts have been reviewed, approved and inspected by the Highway Superintendent and such approval confirmed by the signature of the Superintendent on the subdivision plat and accepted by the Town Board.

[Amended 5-22-2017 by L.L. No. 5-2017]

All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed, as required by this chapter, nor shall he perform building operations of any kind after notification of the revocation of said building permit.

The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

[Added 8-22-1994 by L.L. No. 2-1994]

Denial of permits. When the Building Inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Inspector's decision.

Revocation of permits.

[Amended 8-22-1994 by L.L. No. 2-1994]

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:

Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications.

Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

Upon revocation, it shall be the duty of the person holding the same to surrender it and all copies thereof to said Building Inspector.

After the building permit has been revoked, the Building Inspector may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Town of Marlborough, with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not comply.

§ 155-43 Certificate of occupancy.

For new uses. After completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Building Inspector may require and after actual inspection of the premises by the Building Inspector or his duly authorized assistant, the Inspector shall, upon finding the facts to be as represented, issue, in duplicate, an occupancy permit. The occupancy permit shall certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform to the requirements of this chapter. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of premises shall apply to the Building Inspector for an occupancy permit. A copy of the permit shall be kept at all times upon the premises affected and shall be displayed upon request made by any building inspector or police officer. A record shall be kept of all occupancy permits issued and the original applications therefor shall be kept on file in the same manner as applications for building permits. An occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.

Temporary certificates of occupancy. The Building Inspector may grant a temporary certificate of occupancy before completion of any building upon a finding of hardship. Such temporary certificate shall be valid for no more than six months. Any renewal of the temporary certificate must be based upon a finding of continuing hardship. In this determination, the Building Inspector may request the assistance of the Zoning Board of Appeals.

§ 155-44 Appeals from Building Inspector, Zoning Board or Planning Board.

Procedure for appellant.

An appeal to the Zoning Board from any ruling of the Building Inspector or Acting Zoning Official administering any portion of this chapter may be made by any person aggrieved or by an officer, department, board or bureau of the Town affected thereby.

All applications and appeals made to the Zoning Board shall be in writing on forms prescribed by the Building Inspector. Applications and all information should be received by the Zoning Board of Appeals (ZBA) Secretary no less than seven days prior to the meeting at which the application will be discussed and/or considered. The Chairman of the ZBA, at his discretion, may waive this time frame. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for, in addition to the following information:

[Amended 3-8-1999 by L.L. No. 1-1999]

The name and address of the applicant or appellant.

The name and address of the owner of the zone lot to be affected by such proposed change or appeal.

A brief description and location of the zone lot to be affected by such proposed change or appeal.

A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.

A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements and the material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and the size of improvements thereon and proposed to be erected thereon.

Procedure for Building Inspector.

The notice of appeal in any case where a permit has been granted or denied by the Building Inspector shall be filed within such time as shall be prescribed by the Zoning Board under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Building Inspector shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers.

It shall be incumbent upon the Building Inspector to recommend to the Zoning Board a modification or reversal of his action in cases where he believes substantial justice requires the same, but where he has not himself sufficient authority to grant the relief sought.

Procedure for the Zoning Board. The Zoning Board shall decide appeals in accordance with the procedures of § 267-a of the Town Law. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The Zoning Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions hereof.[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Appeal from decision of Zoning Board. All decisions of the Zoning Board are subject to court review in accordance with applicable laws of the State of New York.

Appeal from decision of Planning Board. Any person aggrieved by any decision of the Planning Board in its administration of subdivision, site plan or special use review may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such appeal may also be made by an officer, department, board or bureau of the Town affected. Appeals from Planning Board decisions may not be considered by the Zoning Board of Appeals.

§ 155-45 Public hearings and notice.

The Board of Appeals shall not grant any appeal for a variance or issue any temporary permit without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Town at least five days before the date of such hearing. In addition to such published notice, the applicant shall cause notice to be given of the substance of every appeal for a variance, together with notice of the hearing thereon, by causing notice thereof to be mailed at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal or application) and all other owners within 500 feet or such additional distance as the Board of Appeals may deem advisable from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Town. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with the notification procedure. Any or all of the notices required by this section shall be issued by the Secretary of the Board of Appeals on order of the Board of Appeals.

Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the preceding subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with the granting of any appeal, variance or issuance of any temporary permit pursuant thereto.

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

At least 10 days before the date of any public hearing, the Secretary of the Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board shall submit to the Board of Appeals an advisory opinion on said appeal or application at least five days prior to the rendering of a decision.

Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Board may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.

Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same, the Zoning Board shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Zoning Board shall find and determine, from the information supplied by the request for a rehearing, that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort and prosperity and the general welfare and that a reconsideration is justified.

§ 155-46 Violations; penalties for offenses.

Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.

Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town Board or the Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Penalties. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $350 or by imprisonment for six months, or both, for a first offense; for a second offense within five years, by a fine of $350 to $700 or by imprisonment for six months, or both; and for a third or subsequent offense within five years, by a fine of $700 to $1,000 or by imprisonment for six months, or both. Each week that a violation is permitted shall constitute a separate offense.

[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No. 6-2009]

§ 155-47 Development fees.

[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No. 6-2009]

The Town Board shall charge the following categories of fees in such amounts as the Town Board shall determine by schedule of fees adopted at an annual reorganizational meeting, or by resolution from time to time. Fee schedules are available at the Town Hall as adopted by the Town Board. All of the fees herein shall be payable by check to the Town of Marlborough, and the payor shall identify the specific fee(s) for which payment is made.

Schedule of Fees categories. The listing herein shall not be exclusive or deemed to limit other fees authorized by law, rule or regulation.

Planning Board fees.

Site plan review fees.

All such applications made to the Planning Board, for initial or revised approval of site plans, shall be in writing on forms prescribed by the Planning Board and shall be accompanied by a fee determined as follows:

For residential uses only: an application fee consisting of a base amount plus a fee per lot.

[2]

For commercial/industrial uses (including tree harvesting, mining and excavating):

[a]

Application fee consisting of a base amount plus a fee per 1,000 square feet or part thereof.

[b]

The application fee for site plans reviewed pursuant to Chapter 141, Article I, Tree Harvesting, or § 155-26, Mining and excavation, shall be a fee consisting of a base amount plus a fee per acre of disturbance or part thereof.

Publication. The applicant shall be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.

Documentary and mailing fees. The applicant shall be required to pay for the actual costs of the mailing to all owners who shall receive certified mailing of the notice of public hearing. The applicant shall also be required to pay a fee to cover the costs to the Town of compiling the names and address of all owners who shall receive notice of the public hearing.

Land subdivision.

All such applications made to the Planning Board shall be in writing on forms prescribed by the Board and shall be accompanied by a fee determined as follows: an application fee consisting of a base amount plus a fee per dwelling unit.

All original legal documents required to be filed in the Ulster County Clerk's office in connection with an application shall be submitted to the Town Planning Board Attorney along with the actual costs of filing all necessary documents in the Ulster County Clerk's office. The subdivision map shall not be signed by the Chairman of the Planning Board unless each fee has been paid.

Final plat submission. If a final plat is submitted for only a portion of the major subdivision shown on the approved preliminary plat, an additional filing fee shall be paid for each final section submitted thereafter, plus an amount per lot or dwelling unit not shown on the approved preliminary plat.

Zoning Board of Appeals fees.

An application fee shall be set for:

Area variances.

Use variances.

Appeals (including interpretations).

Publication. The applicant shall also be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.

Town Board fees.

Petition to amend Zoning Law.

An application fee consisting of a base amount plus a fee per acre of land.

Publication. The applicant shall also be required to pay for the actual costs of publication of any and all notices required by any provision of this chapter or other provisions of law.

Building Department fees.

Building permit fees.

Fee for new structures and additions: an application fee per the schedule of the Town Board.

Alterations and renovations: an application fee per the schedule of the Town Board.

In the event that an application for a building permit is denied, and provided that no construction has commenced, the applicant shall be entitled to a refund of the application fee less the amount of the base fee. There shall be no refund if construction work has commenced prior to a denial.

If, during the course of construction, the Building Inspector or Code Enforcement Officer finds violations of any municipal or governmental regulations, codes or ordinances, then the applicant shall pay an additional fee per each additional inspection of the site to verify remediation of the violation.

A fee for issuance of a certificate of occupancy and/or certificate of compliance.

Other permit fees:

The Building Department is frequently called upon to retroactively issue permits, for various items listed in Subsection F(1) and (2) above due to the applicant's and/or homeowner's failure to timely apply for a proper permit. Recognizing the extra clerical and follow-up enforcement costs to the Building Department necessitated by such delinquent applications, an additional administrative fee shall be charged for the retroactive issuance of permits.

Renewal of a special use permit.

Renewal of an approval for the operation of a home occupation.

Commercial storage tanks.

Blasting permit.

(f)

Demolition permits.

(g)

Construction of swimming pools and for an extension of time on an existing pool permit.

(h)

Heating apparatus (wood furnaces, wood stoves, broilers, fireplaces).

(i)

Sign permit.

(j)

Special exception from Town Code Chapter 93, Explosives and Blasting.

(k)

Clearing and grading permits.

(l)

Permit to move or relocate an existing structure.

(m)

Annual fire inspection.

Annual site plan inspection fee.

Miscellaneous items:

Miscellaneous letters requested from the Building Inspector.

Requests for copies of certificates of occupancy or certificates of compliance.

Requests for letters relating to flood zones in the Town.

Municipal searches which include copies of certificates of occupancy, reissue of certificates, a street report and a violation report letter (also known as an "archival search").

An additional fee shall be charged when the applicant and/or owner has failed to appear for a scheduled inspection with the Building Inspector or Code Enforcement Officer.

(f)

If the Building Inspector or Code Enforcement Officer appears for a scheduled inspection, and the work to be inspection is not yet completed or otherwise ready for inspection, an additional administrative fee shall be charged.

Water District fees.

A fee for turning water on.

A fee for damage or destruction to the water meter due to negligence, freezing or other damage.

A fee upon the filing of an application to connect any service that has been disconnected (also referred to as a "reapplication" fee or the "reactivation of existing service").

A fee upon the filing of an application for the tapping of the water main and appurtenances for residential use by the Town of Marlborough Water Department. The application fee shall cover the water meter, corporation cock, curb valve, curb box, use of tapping machine, up to 25 feet of k copper pipe and up to four hours of work. An additional fee may be assessed for work and supplies in excess of that listed within this subsection.

Fees for work which requires that the road be cut ("road cut fee") in the following categories:

A fee for road cut work where the road cut is less than 60 square feet.

A fee for road cut work where the service line crosses the entire roadway width.

(6)

For work which is not installed or performed by the Town of Marlborough:

A fee for the Town to inspect the main and tap; and

A fee for the Town to inspect each service line and tap.

(7)

A fee for the meter and connectors. The fee charged for a tap will vary depending upon the size of the tap.

(8)

In the event of special circumstances requiring additional material and labor to be expended by the Town of Marlborough, the following fees shall apply:

For work that requires the Town's use of a backhoe, a fee shall be charged for each hour or portion thereof that the backhoe is used.

For work that requires the Town's use of a dump truck, a fee shall be charged for each hour or portion thereof that the dump truck is used.

For work that requires the Town's use of a compressor, a fee shall be charged for each hour or portion there that the compressor is used.

Water service customers shall reimburse the Town for the actual of costs of k copper piping needed.

For labor, a fee shall be charged for each hour or portion thereof that labor is used.

(f)

The applicant/customer will pay the actual cost of all boring underneath road surfaces which are six years of age or less.

Sewer District fees.

An inspection fee.

A road cut fee for installation of a service line to cross a Town road.

Driveway permits.

An escrow deposit, made by certified or bank check, refundable upon satisfactory completion of work.

A nonrefundable inspection fee, plus a fee per each additional inspection over one inspection.

Mobile homes and courts.

A permit fee for mobile homes outside of parks, consisting of a base fee plus an additional fee per square foot.

A mobile home park license fee.

A mobile retail stand license fee.

§ 155-47.1 Engineering, legal and consulting costs.

[Added 9-14-2009 by L.L. No. 6-2009]

Where the Town Board, Planning Board or the Zoning Board of Appeals uses the services of private engineers, attorneys or other consultants for purposes of engineering, scientific, land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications for special permit approvals under § 155-32 of this chapter, site plan approvals under § 155-31 of this chapter, subdivision approvals under Chapter 134, Subdivision of Land, of the Town Code, use or area variances under Article VIII of this chapter, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, applications for approval under Chapter 141, Trees, or for any other land use or development permits or approvals required from such agencies under the Town Code, as well as to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals, the applicant shall be responsible for payment of all the reasonable and necessary costs of such services. In no event shall that responsibility be greater than the actual cost to the Town of such engineering, legal or other consulting services.

The Town Board, Planning Board, or Zoning Board of Appeals, through or with the assistance of Town planning staff, may require advance periodic monetary deposits, to be held on account of the applicant by the Town of Marlborough, to secure the reimbursement of the Town's consultant expenses. Said initial deposit shall be in an amount set periodically by resolution of the Town Board and deemed to be reasonable and necessary for the review of the proposed action of the applicant. The Town may make payments from the deposited funds for engineering, legal or consulting services. The Town shall supply copies of such vouchers to applicant, appropriately redacted where necessary to shield legally privileged communications between Town officers or employees and the Town's consultants. When it appears that there may be insufficient funds in the account established for applicant by the Town to pay current or anticipated vouchers, the Town shall cause the applicant to deposit additional sums to meet such expenses or anticipated expenses.

In the absence of a tender of payment, the Town shall be under no obligation to issue any permit, permission, resolution, consent or other final determination of the matter under consideration until such time as such tender has been made and/or the dispute has been resolved. Failure to remit in a timely manner, within 30 days, any fee required under this section shall be deemed to be abandonment of the application pending before the Town. In the event of failure to reimburse the Town for fees incurred, the following shall also apply:

The Town may seek recovery of unreimbursed engineering, legal and consulting fees by action venued in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorneys' fees expended by the Town in prosecuting such action.

Alternatively, if the owner is also the applicant, at the sole discretion of the Town, a default in reimbursement of such engineering, legal and consulting fees expended by the Town shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

§ 155-47.2 Inspection costs.

[Added 9-14-2009 by L.L. No. 6-2009[1]]

Where the Town employs the services of private engineers or other consultants for the purpose of inspecting public infrastructure improvements identified on land use approvals or permits as the responsibility of the project sponsor to construct in accordance with such approvals or permits, and which improvements may potentially be accepted by the Town through a process of dedication, the project sponsor shall defray the actual professional consulting expenses incurred by the Town in the course of inspection. The project sponsor shall, as a precondition for the right to commence work, deposit with the Town funds to be disbursed by the Town to cover these actual costs of inspection. The amount of deposit shall be set by the Town Board in an amount equal to 6% of the value of the improvements as concluded within a recommendation of the relevant engineering consultant to the Town.

Where the Town employs the services of private engineers or other consultants for the purpose of inspecting private infrastructure improvements identified on land use approvals or permits as the responsibility of the project sponsor, or its successors, to construct, own, maintain, and repair in accordance with such approvals or permits, and where there is no anticipation in the approvals or permits that the Town will accept the improvements by dedication, the project sponsor shall defray the actual professional consulting expenses incurred by the Town in the course of inspection. The project sponsor shall, as a precondition for the right to commence work, deposit with the Town funds to be disbursed by the Town to cover these actual costs of inspection. The amount of deposit shall be set by the Town Board in an amount equal to 2% of the value of the improvements as concluded within a recommendation of the relevant engineering consultant to the Town. This deposit shall represent a cap on the project sponsor's responsibility for inspection of such private infrastructure improvements.

Any portion of the deposits in this section which are not expended as a result of the inspection process shall be returned to the depositor.

If, at any time during the period of inspection with respect to public improvements, the account falls below 25% of the original amount, the Town may request additional escrow. Such incremental additional deposits, if necessary, shall not exceed 50% of the original deposit amount.

In the event that the escrow account falls below standards identified in this section, the Town's inspections may cease pending further deposit.

In the event of dispute, the Town shall be entitled to exercise the same remedies set forth in § 154-47.1C(1) and (2) of this chapter.