Marlborough City Zoning Code
ARTICLE V
Special Permit, Temporary Use Permit and Site Development Plan Regulations
§ 340-5.1 Special permits.
The Commission may, upon application, issue special permits for specific uses within this chapter. The Commission has identified uses that possess characteristics of a unique and special nature that require conformance to additional standards as well as to all other requirements of this chapter. Upon application, each specific proposal shall be considered on an individual basis.
A.
B.
Applications procedure.
(1)
The application must be submitted to the administrative official at least seven days prior to a regularly scheduled meeting.
(2)
If an application involves an activity regulated pursuant to the Marlborough Inland Wetlands and Watercourse Area Regulations, the applicant shall submit an application to the inland wetlands agency not later than the day the application is filed with the Commission.[2]
[2]
Editor's Note: In the Town of Marlborough, the Conservation Commission acts as the Town's inland wetlands and watercourses agency.
(3)
After submission of the application and receipt at a meeting of the Commission, the Commission shall, within 65 days, hold a public hearing on the application.
(4)
The Commission shall notify the town clerk of the adjoining municipalities by certified mail of the pendency of an application within seven days of receipt of an application concerning any project on any site when, in the sole opinion of the Commission:
(a)
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; or
(b)
A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the municipality; or
(c)
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
(5)
The applicant shall permit the ZEO to erect temporary sign(s) advertising the public hearing on the property at least 10 days prior to the public hearing.
(6)
If a special permit involves an activity that requires an inland wetlands and watercourse permit and the time limit for a decision by the Commission would elapse prior to the 35th day after a decision by the inland wetlands agency, the time period for a decision shall be extended to 35 days after the decision of the inland wetlands agency.
(7)
If an application involves an activity regulated pursuant to the Marlborough Inland Wetlands and Watercourse Area Regulations, the Commission shall not render a decision on the application until the inland wetlands agency has submitted a report with its final decision to the Commission.[3]
[3]
Editor's Note: In the Town of Marlborough, the Conservation Commission acts as the Town's inland wetlands and watercourses agency.
(8)
The public hearing must be completed within 30 days after such hearing commences.
(9)
The Commission shall decide upon all applications, except where previously noted, within 65 days of the close of the public hearing.
(10)
The applicant may request in writing or consent to one or more extensions of the time periods provided herein for commencement or completion of hearings or for decisions after completion of hearings, provided the total period of any such extension of extensions shall not exceed 30 days for the completion of a hearing and 65 days for commencement and decisions after hearings have been completed.
(11)
The Commission may approve, approve with conditions, or disapprove the application. Notice of the decision of the Commission shall be communicated to the applicant by certified mail within 15 days after such decision has been rendered. Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the Town within 15 days after such action has been taken. The reasons for the action of the Commission shall be set forth in the minutes of the Commission.
C.
Decision criteria.
(1)
The Commission shall, when reviewing all applications for special permits, take into consideration the general objectives of the public health, safety, welfare, convenience and the protection of property values as well as the particular protection of the immediate neighborhood in which the application is proposed.
(2)
The Commission shall ensure conformance to all requirements of the district in which the site is located and the standards contained below:
(a)
The site plan submitted as part of the application shall satisfy the requirements for site development plan approval as detailed in § 340-5.3 of this chapter.
(b)
The proposed use will be in harmony with the characteristics of the neighborhood and surrounding area and will not adversely affect property values in the neighborhood.
(c)
The design, location, height, mass, scale, roof shape and architectural style of the main and accessory buildings will be compatible with the buildings in the surrounding area.
(d)
Parking, loading facilities, traffic circulation within the site, and entrance and exit driveways shall be adequately and properly located for maximum pedestrian and vehicular safety and convenience.
(e)
Streets providing access to the proposed use shall be adequate to handle any additional traffic generated by the proposed use and shall not create unsafe traffic conditions.
(f)
Adequate water supply, sewage disposal, and stormwater drainage shall be provided to the site.
(g)
Sufficient safeguards shall be provided to protect adjacent property and the neighborhood in general from detriment.
(h)
The proposed use shall not have a significant impact on any natural, historical or archaeological resource.
(i)
Due consideration to the plan of development, as amended.
D.
Performance bond. The Commission shall require, as a condition of approval, that the applicant posts a bond with surety and amount satisfactory to the Commission to insure conformance with all proposed site improvements shown on the approved site development plan. The Commission may modify this requirement for projects with site improvements of less than $25,000. The bond shall be submitted to the Town Engineer, Town Attorney and the ZEO for approval, sufficient to cover 115% of the cost of construction of street improvements, drainage, sewer and water supply, landscaping and any other site improvements required by the Commission prior to approval. The bond shall be in the form of a certified check payable to the Town of Marlborough, a savings passbook with a signed withdrawal slip for a joint account in the name of the Town and applicant, or an irrevocable letter of credit from a bank. The bond shall be posted with the Town in accordance with the approved site plan for an initial period of two years, unless an extension of time is requested in writing by the applicant and is approved by the Commission. Copies of these bond forms can be obtained from the office of the Planning Coordinator.
E.
Conditional approvals. If the application is approved with stipulations and/or conditions, one Mylar and four paper copies of the revised plans and other pertinent documents necessary to satisfy the conditions of approval shall be submitted to, approved by and signed by the Chairman or Secretary of the Commission within 90 days from the date of the conditional approval. The Commission may grant, upon written request of the applicant, a maximum of two ninety-day extensions. Any plan or permit not approved and signed by the Commission within the required time frames shall become null and void. Final approval shall be obtained at such time as the plans are signed by the Commission.
F.
Filing with the Town Clerk. Upon final approval, the special permit, with the signed Mylar site development plan, shall be recorded by the record landowner at his expense in the office of the Marlborough Town Clerk. Any special permit not so recorded within 90 days following the date of final approval shall become null and void.
G.
Special permit becomes void.
(1)
Commencement of work. Construction or operation shall commence and a building permit shall be issued when required within nine months from the date of final approval of the special permit, or the special permit becomes void. The Commission may grant, upon written request of the applicant, a maximum of two one-year extension periods.
(2)
Completion of work. All work associated with the approved special permit shall be completed within three years from the date that the special permit has been filed with the Marlborough Town Clerk. The Commission may grant, upon written request by the applicant, a maximum of two one-year extensions. In all cases, all work in Connecticut with such special permit shall be completed within five years after the plan has been filed with the Town Clerk. Failure to complete all work within such five-year period shall result in automatic expiration of the approval of the special permit. For the purposes of this section of this chapter, "work" shall mean all physical improvements required by the approved plan.
(3)
Termination of prior special permits. Special permit approval requires the Commission to consider a particular use for a particular location in light of all of the circumstances at the time of application and approval. Those circumstances are subject to change over time. Accordingly, upon the establishment of any use for which a special permit is required by this chapter and the issuance of a certificate of zoning compliance, all previous special permit or site development plan approvals shall be deemed to have been superseded by the new special permit approval, and no such use shall thereafter change to a new special permit or site development plan use without the approval of the Commission under the applicable procedure.
H.
Partial bond release. The Commission shall not release a portion of a performance bond to a remaining balance of less than 25% of the original bond amount in instances where work remains to be performed.
I.
Record drawings and bond release.
(1)
Prior to the issuance of a certificate of occupancy and prior to the release of the performance bond, the Commission shall require that one Mylar and four paper copies of a record drawing are submitted to and approved by the Commission when a site development plan was included with the special permit.
(2)
Upon written request by the applicant, the Commission shall have the ZEO, the Town Engineer and, when deemed necessary by the Commission, the Building Inspector and the Fire Marshal perform an inspection to determine whether the conditions of approval have been met and whether all of the required site improvements have been completed in accordance with the approved plans and permits. Based upon these findings, the Commission may authorize release of the bond and approval of the record drawing.
(3)
Upon approval, the signed Mylar record drawing shall be recorded by the record landowner at his expense in the office of the Marlborough Town Clerk. Any record drawing not so recorded within 90 days following the date of approval shall become null and void.
J.
Conditional record drawing approval.
(1)
During the period beginning December 1 and ending April 1 or due to seasonal or weather-related conditions, the Commission, and the ZEO where authorized, may at its discretion issue conditional record drawing approval where plantings, earth grading and seeding have not been completed.
(2)
The conditional record drawing approval may be issued for a period not to exceed 180 days. Upon written request by the applicant, completion of the remaining site work and submission of the record drawing, the Commission may release the remainder of the bond, and the Chairman shall sign the record drawing.
K.
Amendments.
(1)
Construction and site improvements shall be completed in strict compliance with the permit approved by the Commission. However, amendments to an approved special permit may be made, provided that an application is submitted to and approved by the ZEO or by the Commission.
(2)
If the ZEO determines that the construction or plan modifications are of a minor nature and do not materially affect the construction drawings, the Commission may waive the requirements for a public hearing only by unanimous vote of the Commission members voting on the request.
L.
Conditions for revocation. A special permit may be subject to revocation by the ZEO if any condition or safeguard imposed by the Commission upon land, buildings, structures and/or uses for said special permit are not strictly adhered to by the applicant and/or landowner. The ZEO shall adhere to the procedures detailed in Article XV of this chapter whenever a special permit must be revoked.
§ 340-5.2 Temporary use permits.
The Commission has identified uses and activities that are temporary in nature and that have the potential for incompatibility with other land uses. These uses shall be regulated as follows:
A.
Authority.
(1)
The Zoning Commission may issue, with or without conditions, temporary use permits for the following purposes in any zone:
(a)
Any outdoor event or commercial venture, such as parades, carnivals, fairs, auctions, vendors, sales, etc., expected to be attended by more than 50 members of the general public, as determined by the ZEO, subject to the following conditions:
[1]
Said event or commercial venture may not run for more than 20 days.
[2]
Speakers, amplifiers or other sound equipment may be used in conjunction with said event or commercial venture only if their use is specified in the application.
[3]
A cleanup and restoration bond may be required.
[4]
The Commission may require that adequate police and emergency services are provided.
(2)
The ZEO may issue, with or without conditions, temporary use permits for the following purposes:
(b)
A single trailer, subject to the following conditions:
[1]
Said trailer be used as living quarters for the property owner during construction of a principal residence.
[2]
A building permit issued for that construction.
[3]
An approved sanitary and water supply system be provided.
[4]
Said trailer be removed from the lot on which the construction takes place within one year from the date of issuance of the temporary use permit or two weeks after a certificate of occupancy is issued, whichever comes first.
B.
Application requirements. The application for a temporary use permit shall include the following:
C.
Application procedure.
(1)
Submission of the application to the administrative official at least seven days prior to a regularly scheduled meeting.
(2)
After submission of the application and receipt at a meeting of the Commission, the Commission shall, within 65 days, hold a public hearing on the application.
(3)
The public hearing must be completed within 30 days of its commencement.
(4)
The Commission shall decide upon all applications within 65 days of the close of the public hearing.
(5)
The Commission may approve, approve with conditions, or disapprove the application. Notice of the decision of the Commission shall be communicated to the applicant by certified mail within 15 days after such decision has been rendered. Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the Town within 15 days after such action has been taken. The reasons for the action of the Commission shall be set forth in the minutes of the Commission.
(6)
The requirement for a public hearing to obtain a temporary use permit may be waived only by unanimous vote of the Commission members voting on the request.
(7)
Temporary use permits issued by the ZEO do not have to conform to the procedural requirements of this section of the regulations.
D.
Decision guidelines. The Commission and the ZEO in evaluating all applications for temporary use permits shall take into consideration the general objectives of the public health, safety, welfare, convenience and the protection of property values. The Commission and the ZEO shall also ensure that any nuisance or hazardous feature involved is suitably separated from adjacent uses and a vehicle traffic problem will not be created. The Commission or the ZEO may approve a temporary use permit subject to suitable conditions, safeguards and stipulations.
§ 340-5.3 Site development plan.
Pursuant to C.G.S. § 8-3(g), a site plan is required for certain uses permitted within this chapter to determine the conformity of a proposed building, use or structure with the provisions of this chapter. This section establishes procedural and informational requirements for site plans. These requirements are in addition to other applicable standards and requirements of this chapter. Site plan applications, except those accompanying a special permit, will be acted upon by the Commission under the provisions of C.G.S. § 8-7d(b). The Commission may hold a public hearing on any site plan. In the case of site plans accompanying a special permit application, the plans will be considered as part of the special permit application, and action on the plan will be taken in accordance with § 340-5.1 of this chapter.
B.
Application procedure.
(1)
Informal discussion of site plans.
(a)
Any applicant for a use requiring site plan approval may request the placement of the proposal on the agenda of a regular or special meeting of the Commission for the purpose of presenting preliminary plans or concepts and receiving preliminary comments, observations and questions, and identifying areas of concern. At this time the purpose of the informal discussion(s) is to minimize delay, expense and inconvenience to all interested parties and to assist a potential applicant in understanding appropriate design parameters desired by the Town. The informal discussion shall not be deemed to constitute any portion of the official and formal procedure of applying for a site plan. Neither the proponent nor the Commission shall be in any way bound by statements made in such informal discussions.
(b)
At the informal discussion of the Commission, the applicant may request a full or partial waiver of site plan requirements under this article of the chapter above. Following informal discussion, the Commission may suggest that the proposal, or certain aspects thereof, be referred to other municipal, state or federal agencies for review and comments or may advise the potential applicant that additional information will be required prior to action on a formal application for site plan approval.
(2)
Submission of the application to the administrative official must be made at least six days prior to a regularly scheduled meeting. The official date of receipt of a site plan application will be the next regularly scheduled meeting of the Commission immediately following the day of submission of the complete application to the Commission's designated agent or 35 days, whichever is sooner.
(3)
If any proposed activity is under the jurisdiction of the Marlborough Conservation Commission[1] under provisions of C.G.S. Chapter 440, the report of said Commission, together with any permit issued for regulated activities, will be submitted with the site plan. In accordance with Connecticut General Statutes, the Commission will not act on a site plan application until the report of the Conservation Commission has been received and considered.
[1]
Editor's Note: In the Town of Marlborough, the Conservation Commission acts as the Town's inland wetlands and watercourses agency.
(4)
After submission of the application and its receipt, the Commission shall within 65 days render a decision on the application. The applicant may consent in writing to up to an additional 65 days to process the application.
(5)
The Commission shall notify the town clerk of the adjoining municipality by certified mail of the pendency of any application within seven days of receipt of an application concerning any project on any site when in the sole opinion of the Commission:
(a)
Any portion of the property affected by a decision of the Commission is within 500 feet of the boundary of the adjoining municipality; or
(b)
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; or
(c)
A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
(d)
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
(6)
The Commission may approve, approve with conditions, or disapprove the application. Notice of the decision of the Commission shall be communicated to the applicant by certified mail within 15 days after such decision has been rendered. Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the Town within 15 days after such action has been taken. The Commission shall state on the record its reason for its decision.
C.
Application requirements. The site development plan application shall include the following:
(1)
An application fee and technical review fee.
(2)
Statement of use. A written statement, signed by the applicant and by the owner if different from the applicant, describing the nature and extent of the proposed use or occupancy in sufficient detail to determine compliance with the use provisions of this chapter. The written statement will include a declaration as to the nature and extent of the proposed use or occupancy; a description of provisions for water supply, sewage disposal, solid and liquid waste, drainage and other utilities; the number of persons estimated to occupy or visit the premises on a daily basis; the basis for determining parking and loading requirements and an estimate of the type of vehicular traffic and number of vehicles generated on a daily basis and at peak hour; and disclosure of any toxic or hazardous substances used, stored or processed in connection with the proposed use or occupancy.
(3)
Additional site plan submission requirements. The Commission may require that written reports be prepared and submitted as part of any site plan submission. Reports which may be required include reports on sewage disposal, water supply, fire protection measures, management of stormwater runoff, traffic generation, storage of hazardous materials, protection of significant archeological sites, or any other aspect of existing and proposed development as the Commission may deem necessary to determine conformance with the intent of this chapter.
(4)
In the case of uses requiring approval of any department of the State of Connecticut, the plans shall be submitted to said department. The tentative staff approval shall be issued in writing by the department before final approval shall be issued by the Commission.
(5)
An itemized cost estimate for site plan improvements, along with corresponding unit prices.
(6)
Seven copies of the site plan drawn at a scale of one inch equals 40 feet or smaller (but in no case shall the map exceed 24 inches by 36 inches), which shall include the following:
(a)
Title of development, date, North point, scale (one inch equals 800 feet), key map, name and address of record owner, and name of the professional preparing the site plan.
(b)
A class A-2 survey of the property indicating all distances, bearings and the area of the site and any abutting streets prepared by a land surveyor registered in the State of Connecticut. All plans shall be prepared, signed and sealed by a Connecticut-registered professional engineer, architect or landscape architect, whichever shall be appropriate.
(c)
Location and dimensions of all existing and proposed easements and rights-of-way.
(d)
A table summarizing the proposed and required zoning information, as follows: lot size, setbacks, required yards, floor area devoted to use, building height, lot coverage, building coverage, parking calculations, landscaping and any other specific site elements required by this chapter.
(e)
The boundaries of the subject parcel and adjacent property lines within 100 feet of the lot lines of the subject parcel.
(f)
Location and use of all existing and proposed structures.
[1]
Location of all uses not requiring structures.
[2]
Location and dimensions of all proposed outdoor signs.
[3]
Location of roads, internal circulation, driveways, parking and loading areas with the number of stalls provided therewith, and pedestrian walkways or other means of separation.
[4]
Location and dimensions of all man-made features in adjoining streets or sites within 100 feet of the subject parcel.
[5]
Notations to reference all previous approvals issued by all authorities to include dates, conditions, site plan references, and permit numbers.
[6]
Location and construction design details of all existing and proposed sidewalks, driveways, parking areas, and stormwater drainage structures. Location of buffer strips and screening, showing the type, size and species of shrubs, trees or other plantings.
[7]
The height, bulk, use and location of all buildings; typical floor plans or other plans for the use of interior spaces of proposed buildings; the exterior appearance of proposed buildings, including exterior elevations, roof plan, designation of materials, colors and textures of exterior finishes, doors, windows, roofing, trim and the like; location of heating, air-conditioning, ventilation and similar equipment; and special exterior features, such as building-mounted signs, drive-in windows, building or roof lighting, roof drainage/gutters, and features on the interior of the building designed to be capable of being seen from the exterior.
[8]
The location, dimensions, square footage (both ground floor and total), height and type of construction of all buildings or structures, including fences, walls, signs, lighting fixtures, flagpoles and the like. All signs of any type whatsoever shall be indicated on the site and building plans, as applicable, indicating location, number, size, color, method of illumination and type.
[9]
Any change whatsoever to any of the existing features depicted on any previous approved site plan, but not limited to: proposed uses of land, including uses not requiring a structure or building; the amount of land and/or buildings dedicated to each use; proposed grades at two-foot contours or less; any signs, accessory structures, fences, walls or other similar structures; location and details for the collecting and handling of refuse; the location of gas, electric and other utilities to be provided, and whether utility lines shall be placed above or beneath the ground.
(g)
The existing and proposed topographic contours of the land and abutting streets with intervals of two feet or spot elevations where necessary.
(h)
A plan and design details of the proposed method of sanitary waste disposal and source of potable water supply.
(i)
Exterior lighting.
[1]
The type, location and size of any exterior lighting and all exterior lighting fixtures, including:
[a]
Description and photographic illustration of each exterior lighting fixture, including component specifications such as luminaires, reflectors, optics, angle of cutoff, supports and poles;
[b]
Locations and descriptions of each exterior lighting fixture and hours of operation, aiming angles and mounting heights;
[c]
Computer-generated photometric grid showing footcandle readings every 10 feet and the average footcandles for either or both of horizontal and vertical illumination levels (depending on the application);
[d]
Foundation and details of all poles, trusses and other freestanding structures supporting exterior lighting fixtures;
[e]
A compliance certificate executed by the applicant and any lighting consultant engaged by such applicant, detailing the conformance of each exterior lighting fixture to the standards described in § 340-3.16 of this chapter (or in the event of a nonconforming exterior lighting fixture pursuant to § 340-3.16F of this chapter, the information required by such subsection).
[2]
If a special permit applicable pursuant to § 340-3.16E of this chapter is submitted, such compliance certificate shall also describe, in detail, the compliance of all exterior lighting with the recommended practices of the IESNA with respect to the exterior lighting applications described in such site plan application.
(j)
Location of existing watercourses, wetlands, wooded areas, flood hazard areas, ledge outcrops, single trees with a diameter of 20 inches or more measured three feet above the base of the trunk, with an indication of whether they are to be retained.
(k)
Sedimentation and erosion control plans.
(l)
Designated handicapped parking and ramps.
(m)
A note stating. "Perpetual care and maintenance shall be performed by owner on plantings, seedlings and site improvements."
(o)
Zone district boundaries within 100 feet of the site.
(p)
The following approval block.
MARLBOROUGH ZONING COMMISSION, MARLBOROUGH, CT | ||
|---|---|---|
DATE APPROVED | DATE OF EXPIRATION | |
CHAIRMAN | ||
SECRETARY | ||
(q)
All test pit and percolation test data and the dates that the tests were performed.
D.
Performance standards and criteria. The following criteria shall be satisfied to protect the public health, safety and welfare of the public at large. The applicant shall furnish in writing together with any application for use sufficient evidence that the proposed use will not produce any nuisance in excess of the measurable performance standards listed below.
(1)
No smoke or other air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is darker in shade than is designated at No. 2 on the Ringlemann Chart, as published by the United States Bureau of Mines, or which is of such capacity as to obscure an observer's view to a degree equal to or greater than does smoke designated at No. 2 on the Ringlemann Chart.
(2)
Offensive odors, as defined by Section 22a-174-23 of the regulations promulgated by the Connecticut Department of Energy and Environmental Protection, shall not discharge beyond the property line of an operation that stores, uses or produces a substance which will cause said odor. Any determination of a violation of Section 22a-174-23, as may be amended from time to time, constitutes a violation of this provision. Where lot lines bounding an industrial use adjoin a residential district, there shall be no offensive odors noticeable at said lot's property lines.
(3)
No noise or vibration which is objectionable due to volume, frequency or shrillness shall be transmitted outside the property where it originates.
(4)
No offensive or harmful wastes shall be discharged into any stream, watercourse, adjoining property, sanitary sewer, septic system, or storm drain.
(5)
No activity shall be conducted which is hazardous or dangerous to persons or property.
E.
Building design standards. Architectural renderings of the building elevations (front/side/rear) shall be submitted to the Commission for its review and approval along with a floor plan. The facade of all buildings that are visible from any street or other public areas shall be of some architectural treatment approved by the Commission.
(1)
Exterior siding materials shall be of decorative masonry, wood, metal, stone or approved alternate material. Exterior design features, including materials, texture, color and trim detailing, shall be included on all building elevations to the extent which maintains overall design continuity.
(2)
Monotonous building forms are to be avoided by using various methods to help create interest and reduce scale. Examples include the staggering of vertical walls, recessing openings, providing upper-level roof overhangs, using deep score lines at construction joints, contrasting compatible building materials, and using horizontal bands of compatible colors. A variety in roof shapes and form is encouraged to add diversity of the buildings as well to enhance scale and complement the features of nearby buildings. Where parapet walls are used, they should be treated as an integral part of the building design.
(3)
The size of windows and doors should relate to the size of the wall in which they appear. Monotonous repetition should be avoided where possible in the location, size and shape of windows and small doors. Mirrors or highly reflective glass shall not cover more than 20% of a building surface visible from a street. Additionally, utility doors, fire doors, loading docks and other potentially unsightly service features should be designed to blend with the building's architecture.
(4)
Primary buildings in close proximity on the same property should have harmonious proportions and similar architectural styles. Nearby accessory buildings should be of compatible design and treatment.
(5)
Mixed-use buildings containing nonindustrial uses should highlight the public entry to the structure to create a sense of human scale and to emphasize a primary entry feature.
(6)
The mixing of unrelated architectural styles, materials and details is to be avoided.
(7)
All HVAC and other building utility systems shall be screened from view from the public street and abutting property.
F.
Site preservation and landscaping. The application shall include a landscape plan and a site constraint plan prepared by a State of Connecticut-licensed landscape architect. The characteristics of the site are to be incorporated into the design to take advantage of topographic features, provide buffering of adjoining land uses, and retain the prominent natural landscape and environmental features of the property through:
(1)
Minimizing soil and tree removal.
(2)
Design grading to blend with the natural terrain and avoid creating steep slopes.
(3)
Treating disturbed surfaces to encourage plant growth and soil stabilization by providing the necessary topsoil and planting of the appropriate native species of trees, shrubs and grasses.
(4)
Preserving the significant natural features of the site, such as stonewalls, rock outcrops, wetlands, prominent tree stands, and vistas.
(5)
The area between the buildings and the street shall be landscaped in a way to provide visual interest, with a mixture of grass, different species of shrubs, trees, ground cover, annuals and perennial plants, except for walks, drives, flagpoles, and other landscaping and ornamentation.
(6)
Buffer strips of 50 feet shall be necessary when the site is abutting a residential zone. If existing vegetation does not provide an adequate buffer, the area shall be supplemented with hardy indigenous plant material, shrubs and trees.
(7)
Low-impact stormwater design best management practices shall be an integral part of all drainage and landscaping plans.
G.
Pedestrian access. On-site pedestrian walkways shall be provided between parking areas and the building, as well as a walkway across the frontage of the lot along the public street that terminates at the abutting property line. Sidewalks shall be six feet wide and set back 10 feet from the curbline of a public street; however, the Commission may vary these standards based on site conditions and the ability to make linkages to other sidewalks. The applicant is to provide site interior walkways that link street/drive walks with existing or future multimodal sidewalk/trail system.
H.
Utilities. All developments shall provide underground utilities in both public and private extensions of said utilities. All developments shall provide proper design and construction of cable, electrical and phone lines, natural gas, community septic systems, sanitary sewers, public water supply, and stormwater management system. Switching-gear cabinets, transformers and similar aboveground utility equipment shall be installed as shown on the site development plan, and a proper landscaping plan shall be submitted to screen these structures from view from abutting property and the public street.
I.
Sewage disposal.
(1)
The Commission shall not approve any special permit or site plan application unless and until the Commission has been provided with a positive tentative staff determination from the applicable governing authority with respect to the compliance of the proposed sewage disposal system with applicable statutory and regulatory requirements and/or from the Marlborough Water Pollution Control Authority if the site is to be serviced by sanitary sewers or a community septic system.
(2)
Additionally, if the application proposes a community sewage disposal system, as a condition to any approval granted by the Commission, the applicant shall present to the Commission acknowledgement from the Marlborough Water Pollution Control Authority that it has approved an operation and maintenance agreement, including an escrow account for the maintenance and repair of said community sewage disposal system.
J.
Water supply.
(1)
The Commission shall not approve any special permit or site plan application unless and until the Commission has been provided with:
(a)
If the proposed water system is not a community water system as defined by the State Department of Health and State Department of Utility Control, a letter of approval for the well location from the Chatham Health District; or
(b)
If the proposed water system is a community water system as defined by the State Department of Health and State Department of Utility Control, a letter from the exclusive service area provider acknowledging the submission of the application and its interest in ownership of said system, together with a Phase I-A approval from the State Department of Public Health and State Department of Public Utilities Control for all water supply wells in accordance C.G.S. § 16-262m(a) prior to the close of the public hearing.
(2)
Any approval granted by the Commission shall be conditioned upon receipt by the Commission of a Phase I-B approval from the State Department of Public Health and State Department of Public Utilities Control prior to issuance of any building or zoning permits for the construction of any buildings.
K.
Stormwater management.
(1)
Purpose is to establish stormwater management requirements and controls to protect and safeguard the quality of the groundwater and surface water resources of Marlborough and to reduce adverse impacts associated with increases in peak rates of stormwater runoff.
(2)
Objective.
(a)
Incorporate decentralized stormwater management systems in any new development designs;
(b)
Minimize the increases in peak rates of stormwater runoff from any development in order to reduce flooding, siltation and stream bank erosion, and to maintain the integrity of stream channels and downstream drainage structures;
(c)
Minimize the increase in non-point-source pollution caused by stormwater runoff from development which would otherwise degrade local groundwater and surface water quality;
(d)
Minimize the total volume of surface water runoff which flows from any specific site during and following development to not exceed the predevelopment hydrologic regime to the maximum extent practicable;
(e)
Reduce stormwater runoff rates and volumes, soil erosion and non-point-source pollution wherever possible through stormwater management controls and to ensure that these management controls are properly maintained and designed to minimize potential threats to public safety.
(3)
Design and performance criteria. In order to prevent the adverse impacts of stormwater runoff, the Commission has developed a set of performance standards that must be addressed in the design of any new site development plan or modification to an existing site development plan that disturbs 5,000 square feet or more of area.
(a)
All stormwater runoff generated from new development shall not discharge stormwater runoff directly into a natural wetlands system, water body, municipal drainage system or abutting property without adequate pretreatment;
(b)
A vegetative separation shall be maintained to provide a disconnection between impervious surfaces and the natural wetland systems of the site and abutting sites;
(c)
All stormwater best management practices shall be designed to minimize the need for maintenance while maintaining water quality discharge treatment standards;
(d)
All site development plans shall be designed to minimize the need for stream bank/channel protection for the receiving natural system, but when required shall include provisions to prevent erosion and scouring of the stream bank/channel;
(e)
The design of all stormwater best management practices shall convey stormwater runoff in a manner to allow for the maximum removal of pollutants and reduction in flow velocities;
(f)
Stormwater discharges from land uses or activities with a higher potential pollutant loading may require the use of specific pretreatment structural methods and pollution prevention practices;
(g)
All site development plans shall include the design of stormwater detention or retention facilities to attenuate the increase in peak rates of stormwater runoff for the two-, five-, ten-, twenty-five- and one-hundred-year twenty-four-hour-duration storm events to provide for a zero post-development increase whenever practical.
(4)
Sensitive waters and wetlands: enhanced criteria.
(a)
Stormwater discharges to critical areas with sensitive resources, such as the Blackledge River, Dickinson Creek, Lyman Brook, Fawn Brook, Flat Brook, Lake Terramuggus and their contiguous wetlands, may be subject to additional performance criteria or may need to utilize or restrict certain stormwater management practices. Land development that discharges to sensitive waters and wetlands as noted above shall meet enhanced criteria. These may include but are not limited to:
[1]
Nutrient sensitive waters. Enhanced control of nutrients and sediment removal for stormwater discharges shall be required.
[2]
Cold-water fisheries. Techniques to control temperature increases from stormwater discharges into these streams and water bodies shall be required.
[3]
Groundwater. Enhanced recharge and pretreatment of stormwater discharges shall be required to protect groundwater supplies.
[4]
Wetlands. Controls to minimize impacts to the natural or predevelopment wetland hydrology, including limiting adverse fluctuations in surface water and groundwater elevations.
(b)
In these cases, the Commission may require additional storage capacity, treatment, filtering, infiltration or other mitigation techniques. The use of nonstructural practices shall be used to the maximum extent practical to meet enhanced criteria. In making its determination to apply enhanced criteria, the Commission shall consider the cumulative impacts of the site development plan.
(5)
Stormwater management plan requirements.
(a)
All stormwater management plans shall include measures to capture and treat stormwater runoff in accordance with the guidelines outlined in the most recent version of the Connecticut DEEP Stormwater Quality Manual and to incorporate low-impact development design elements to the extent that is practical.
(b)
No application for a development involving any site development plan will be approved by the Commission unless it includes a stormwater management plan detailing how the stormwater runoff and associated water quality impacts resulting from the development will be controlled and managed during and after construction. The plan must be prepared by an appropriate design professional.
(c)
The Commission may impose additional requirements deemed reasonable and necessary to control the volume, timing, rate and/or quality of runoff if the hydrologic, geologic, topographic or land use conditions warrant greater control than provided by the applicant. Further, the Commission may restrict the use of certain BMPs and may require pretreatment to exceed the minimum standards established in the most recent version of the Connecticut DEEP Stormwater Quality Manual.
(6)
Compliance with federal and state regulations. All stormwater facilities and conveyance systems shall be designed in compliance with all applicable Town, state and federal laws and regulations. It shall be the applicant's sole responsibility to identify and obtain all required permits prior to the start of any construction.
(7)
Protection of public health, safety and general welfare. The design of stormwater BMPs shall consider public health, safety and general welfare. These considerations shall include, but not be limited to: preventing flooding of buildings, structures and travelways; preventing long-term standing water in and near drainage facilities; minimize the creation of mosquitoes' breeding pools; preventing attractive nuisance conditions and dangerous conditions due to stormwater depth or velocity and/or access to drainage structures, including inlet and outlet openings. In addition, designs shall not result in the creation of aesthetic nuisances due to excessive slopes, cuts and fills, lack of suitable native landscaping and other similar conditions that would detract from the appearance of the surrounding environment.
(8)
Natural resource inventory.
(a)
Stormwater management designs shall include an inventory of important natural resources features on the site, and these features shall be shown on the stormwater management plan. Protection and/or conservation of the site's natural features shall be a part of the stormwater management plan.
(b)
The plan shall identify important natural features identified through a natural resources inventory that includes but shall not be limited to the following: natural drainage features, riparian buffers, wetlands, steep slopes, soils with high infiltration capacity, significant forest cover, significant trees and natural communities, including the presence of any threatened and/or endangered species.
(9)
Site design feasibility report.
(a)
Stormwater management practices for a site shall be selected on the basis of the physical characteristics of the site. The design professional shall submit a report outlining the stormwater practices options, including low-impact alternatives, that were considered and those that were chosen for the design based on the evaluation and analysis of site opportunities and constraints. Among the factors that should be considered:
(b)
A soils report based on on-site boring logs or soil test pit data shall be submitted with all designs. The number and location of soil borings/test pits and associated soil testing shall be that which is necessary to determine the suitability and distribution of soil types present at the location of the proposed stormwater measures as shown on the site development plan.
(10)
Infiltration. All stormwater designs shall include infiltration for any new site development unless the site design feasibility report and associated soils report demonstrate that the physical characteristics of the site are not suitable. Low-impact design elements utilized for infiltration of discharge into a natural system shall utilize native plant species.
(11)
Overland flood routes.
(a)
Overland flood-routing paths shall be provided to safely convey stormwater runoff from the one-hundred-year, twenty-four-hour-duration storm event to receiving water resource or stormwater BMP with adequate hydraulic capacity, such that the runoff is contained within a drainage easement for the flood-routing path that does not cause flooding of buildings and abutting properties.
(b)
There shall be an allowance in all designs for a minimum of one foot of freeboard for all flood-conveyance systems and flood-control structures.
(12)
Stormwater conveyance. Stormwater conveyance systems shall be designed to:
(13)
Velocity dissipation. Devices and techniques to reduce stormwater velocities and prevent erosion shall be placed at discharge outlet locations and along or within the full length of any outlet channels to convey and discharge peak design flows in a manner that will not result in scouring or surface erosion, including receiving streams or channels or wetlands, so that the natural physical and biological characteristics and functions of the receiving waters are maintained and protected.
(14)
Landscaping/planting plan.
(a)
All stormwater management designs shall include a detailed landscaping plan that identifies the types (both common and botanical names), locations, sizes and total number of all proposed plantings. Planting notes and details shall also be provided as well as a maintenance and management plan to ensure the long-term viability of all plantings. In addition, the landscaping plan shall include a stabilization schedule for the revegetation of all disturbed areas of the site. Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be seeded with temporary vegetation within seven days after the suspension of grading work which is expected to last a period of 30 days or more. Permanent vegetation shall be fully established by the date of substantial completion of construction.
(b)
Following the first year after the establishment of permanent vegetation and the completion of all landscaping plantings, an inspection shall be conducted by the Town to confirm their health and survival. Should any permanent vegetation or plantings be determined to be dead or dying following the one-year period, then they shall be revegetated or replaced. A second inspection shall then be conducted by the Town one year from any subsequent revegetation or replanting.
(15)
Nonstructural stormwater practices. To the extent that they are feasible, the use of nonstructural stormwater treatment practices are required and shall be selected and designed using the appropriate criteria from the most recent version of the Connecticut DEEP Stormwater Quality Manual or other appropriate low-impact design manuals acceptable to the Commission.
(16)
Structural stormwater practices. All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the most recent version of the Connecticut DEEP Stormwater Quality Manual. For other structural stormwater controls not included in the Connecticut DEEP Stormwater Quality Manual or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means acceptable to the Commission before approval of any design utilizing such structural stormwater controls.
(17)
Discharge to municipal stormwater system. If any stormwater runoff from a new or modified site development plan is discharged to a municipal separate storm sewer system (MS4) or other publicly, municipally or privately owned storm sewer system, the applicant must demonstrate that the existing storm sewer system has adequate excess hydraulic capacity to convey both increases in peak discharge flow rates and in runoff volumes. In addition, all such discharges shall conform to all the requirements contained in the applicable general permit for the discharge of stormwater and dewatering wastewaters from construction activities, the general permit for the discharge of stormwater associated with industrial activity, or the general permit for the discharge of stormwater associated with commercial activity, as originally issued and reissued. All new or modified site development shall also conform in all respects to the Town of Marlborough Illicit Discharge Detection and Elimination Ordinance, as amended (Chapter 301, Article I, of the Town Code).
(18)
Operation, inspection and maintenance plan agreement and schedule.
(a)
An enforceable operation, inspection and maintenance plan agreement and schedule shall be executed to ensure that the stormwater management plan facilities function as designed and approved. The agreement shall designate the responsible party for the long-term maintenance of the approved stormwater management facilities and include a provision passing the responsibility for such maintenance to successors in title. This agreement shall include easements to the Town allowing access to all stormwater management plan facilities at reasonable times for periodic inspection by the Town and/or its agents to ensure that the facilities are being properly maintained and in good working order. Said easements shall be executed and recorded in the Marlborough Land Records with filing of the final endorsed plan.
(b)
The design and planning of all stormwater management plan facilities shall include detailed inspection procedures and frequencies, maintenance plans and schedules, as well as repair procedures to ensure their continued long-term function. These items shall identify the components of the stormwater management system that need to be inspected and maintained, provide a maintenance schedule for each facility and the equipment necessary to perform that maintenance. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.
(c)
All stormwater management facilities must undergo, at a minimum, an annual inspection to document maintenance and repair needs and to ensure compliance with the requirements of the Connecticut DEEP Stormwater Quality Manual and any additional conditions assigned by the Commission. Any maintenance and/or repair needs found must be addressed in a timely manner by the owner and a reinspection made confirming the completion of the identified items. The owner shall submit to the Commission annually a copy of the inspection report and, if necessary, any reinspection reports. If the responsible party fails or refuses to fully address all items identified in an inspection report after 30 days' notice from the Commission of such failure to comply, the Commission shall commence enforcement action to achieve compliance.
(19)
Substantive changes to plan. No changes shall be made to an approved stormwater management plan without review and written approval by Town staff or if any such changes are determined to be substantive by the Commission. Additional data may be requested to allow for a complete review and evaluation of proposed changes to ensure compliance with the required discharge standards.
L.
Decision criteria.
(1)
The Commission shall, when reviewing all site development plan applications, take into consideration the general objectives of the public health, safety, welfare, convenience and the protection of property values as well as the particular protection of the immediate neighborhood in which the application is proposed.
(2)
The Commission shall ensure conformance to all requirements of the district in which the site is located and to the standards contained below:
(a)
The site and all buildings, structures and uses shall be accessible for fire, police and other emergency vehicle service, which shall be accomplished through the review and report submitted by the Town Fire Marshal.
(b)
The site and all buildings, structures and uses shall comply with the State Building Code, specifically in regard to the requirements for handicapped access.
(c)
Parking, loading facilities, traffic circulation within the site, and entrance and exit driveways shall be adequately and properly located for maximum pedestrian and vehicular safety.
(d)
Landscaping on the site shall comply with the intent and the standards of Article XIII, and all refuse collection areas, parking, service and loading areas shall be suitably screened and/or enclosed by plantings, wall and fencing from the adjacent areas and public rights-of-way.
(e)
The stormwater drainage systems shall be designed to minimize soil erosion and to prevent off-site impacts and in compliance with the requirements of Subsection K above. The Commission may require that the overall drainage systems shall be designed such that the runoff rate outside of the development does not exceed the rate which existed before development and the use of low-impact development stormwater management best practices.
(f)
Due consideration to the Plan of Conservation and Development, as amended.
M.
Performance/maintenance bond.
(1)
A performance bond shall be posted in an amount to be determined by the Commission based on a review of Town staff recommendations for the current construction costs of all proposed site improvements shown on the approved site development plan and all sediment and erosion control measures, site restoration, and landscape/planting plan improvements, plus a contingency allowance of 20%. Posting of the performance bond and a bond agreement shall be executed prior to the endorsement of the record plan and the commencement of any construction activity. No bond will be released in whole or in part for any portion of the stormwater management system until an as-built plan demonstrating substantial conformance with the approved stormwater management plan has been submitted and approved by the Commission.
(2)
The bond shall be posted with the Town in accordance with the approved site plan for an initial period of three years and include two one-year automatic renewals. Copies of these bond forms can be obtained from the office of the Planning and Development Director. The bond shall be in the form of a certified check payable to the Town of Marlborough, a savings passbook with a signed withdrawal slip for a joint account in the name of the Town and applicant, or an irrevocable letter of credit from a bank maintaining offices in Hartford, Middlesex, New London and/or Tolland Counties.
(3)
A maintenance bond, equal to at least 20% of the amount of the original performance bond amount, shall be held by the Commission for a period of one year following the approval of the as-built plan. At the discretion of the Commission, the maintenance bond period may be extended for an additional one-year period due to poor vegetative growth, structural failures, or other similar matters that impact the proper function and performance of stormwater management facilities, survival of the landscaping, or other compliance with the original approval.
N.
Record drawings and bond release.
(1)
Prior to the issuance of a certificate of occupancy and compliance and prior to the release of the performance bond to a maintenance bond, the Commission requires that one Mylar and two paper copies of the as-built record drawing are submitted to the Commission for the finding of compliance with the approval granted.
(2)
On the finding of compliance of the original approval, the Commission will sign the Mylar as-built record drawing, and the applicant shall record it at his expense in the office of the Marlborough Town Clerk prior to issuance of the certificate of occupancy.
O.
Conditional approvals. If the application is approved with stipulations and/or conditions, one Mylar and three paper copies of the revised plans and other pertinent documents necessary to satisfy the conditions of approval shall be submitted to, approved by and signed by the Commission within 90 days from the date of the conditional approval. The Commission may grant, upon written request of the applicant, a maximum of two ninety-day extensions. Any plan or permit not approved and signed by the Commission within the required time frames shall become null and void. Final approval shall be obtained at such time as the plans are signed by the Commission.
P.
Filing with the Town Clerk. Upon final approval, the approved site development plan application, with the signed Mylar site development plan, shall be recorded by the record landowner at his expense in the office of the Marlborough Town Clerk. Any site development plan not so recorded within 90 days following the date of final approval and signature by the Commission shall become null and void.
Q.
Site plan becomes void.
(1)
All work associated with the approved site development plan shall be completed within three years from the date that the site development plan has been filed with the Marlborough Town Clerk. The Commission may grant, upon written request of the applicant, a maximum of two one-year extensions. In all cases, all work in connection with such site development plan shall be completed within five years after the plan has been filed with the Marlborough Town Clerk.
(2)
Failure to complete all work within such five-year period shall result in automatic expiration of the approval of the site development plan. For the purposes of this section of the chapter, "work" shall mean all physical improvements required by the approved plan.
R.
Conditional record drawing approval. During the period beginning December 1 and ending April 1 or due to seasonal or weather-related conditions, the Commission and the ZEO, where authorized, may at their discretion issue conditional as-built record drawing approval where plantings, earth grading and seeding have not been completed. The conditional as-built record drawing approval may be issued for a period not to exceed 180 days. Upon written request by the applicant, completion of the remaining site work and submission of the record drawing, the Commission may release the remainder of the bond and the Chairman shall sign the record drawing.
S.
Amendments. Construction and site improvements shall be completed in strict compliance with the permit approved by the Commission. However, amendments to an approved site plan may be made, provided that an application is submitted to and approved by the ZEO or by the Commission as provided in this subsection. If the ZEO determines that the construction or plan modifications are of a minor nature and do not materially affect the permit, the ZEO may approve a set of modified site plans and construction drawings. If the ZEO determines that the construction or plan modifications are a significant amendment, the Commission may approve a set of modified site plans and construction drawings.
T.
Conditions for revocation. A site development plan may be subject to revocation by the Commission, upon initiation of the process by the ZEO, if any condition or safeguard imposed by the Commission upon land, buildings, structures and/or uses for said site development plan are not strictly adhered to by the applicant and/or landowner. The ZEO shall adhere to the procedures detailed in Article XV of this chapter whenever a site development plan must be revoked.
U.
Waiver of site plan requirements.
(1)
In addition to uses and activities specifically exempted from site plan requirements by this chapter, the Commission may waive requirements for a site plan if it determines that a proposed activity will not affect existing traffic circulation or result in an increase in the need for parking, nor will it entail any significant exterior change to a building or site, nor will the new activity have an impact substantially different from the existing use from which the change is requested. A request for a waiver of site plan requirements will be submitted in writing by the property owner or owner's agent at the time of application. A Commission decision to waive site plan requirements may be made based on informal discussion of the activity at a regular or special Commission meeting.
(2)
Also, a partial waiver of site plan information requirements may be granted to avoid unnecessary delay and expense for an applicant whose proposed activity is minor in nature and limited in its impact on the surrounding area. The Commission may, at its sole discretion, exempt any application from specific information requirements as set forth in this section. The exemption may be approved if the Commission finds that the information would not aid the Commission in its determination of the application's compliance with this chapter. A request for a partial waiver of site plan requirements will be submitted in writing by the property owner or owner's agent at the time of application.