Marlborough, CT Zoning Ordinance

[Amended 5-7-2015, effective 6-1-2015; 3-3-2016; 3-2-2017; 5-2-2019; 4-3-2025]

§ 340-6.1 Uses permitted as of right.

The following uses are permitted as of right, subject to the requirements and standards set forth herein:

Accessory residential parking and garaging.

(1)

The total combined garaging facilities in connection with a single-family dwelling shall not exceed the number of bedrooms and shall not exceed 1,200 square feet in area. The Commission may issue a special permit to permit the construction of more garage space than the maximum herein allowed.

(2)

Not more than one unregistered motor vehicle or piece of unregistered recreational equipment may be parked outside a garage and such parking shall only permitted to the rear of the principal dwelling and not within any side or rear yard area.

(3)

Not more than one commercial vehicle with two axles for each single-family dwelling may be regularly parked or garaged on a lot and shall be stored in an enclosed structure or to the rear of the principal dwelling and shall not be stored in any side or rear yard area. No vehicle containing construction debris, hazardous waste, septic waste, or garbage may be parked on a residential lot. Vehicles stored with a gross vehicle weight in excess of 11,000 pounds are only permitted after the issuance of a special permit by the Commission.

(4)

All recreational equipment shall be stored to the rear of the principal dwelling or garaged and shall not be located within the side or rear yard areas. Not more than two items of recreational equipment may be stored outside on any lot. No recreational equipment shall be used for living or business purposes while parked on the lot. Said equipment is to be owned by the owner of the property or a tenant of the premises.

(5)

No recreational equipment parked or stored shall exceed 40 feet in length nor occupy an area greater than 400 square feet.

Personal business office. Offices for non-residential purposes are permitted by occupants of a home where:

(1)

No business is conducted from the premises except by mail, telephone or other electronic devices.

(2)

No persons other than members of the household are employed.

(3)

No pedestrian or automobile traffic is involved other than that associated with a typical residential property.

(4)

No external evidence of the business is permitted including the display of a sign.

(5)

No hazardous materials other than those common to a single family residential use, such as fuel associated with onsite heating, are stored, used or disposed of on the property.

Rear lots. Rear lots are permitted provided the following conditions are met:

(1)

The fee simple access strip shall not be less than 50 feet in width from a street as defined in these Regulations.

(2)

Ten-foot side yards shall be maintained along the access strip.

(3)

Required frontage for a rear lot is 50 feet and no more than two rear lots may abut each other except on the arc of a cul-de-sac or dead end where a double rear lot configurations are permitted.

(4)

The lot line from which the access strip of the lot originates shall be considered the frontage of the rear lot.

(5)

The access strip shall not be used in computing minimum lot size requirements.

(6)

The lot shall meet the minimum lot size requirement for the Zoning District in which it is located.

Garage sales and tag sales:

(1)

Sales shall last for not more than three contiguous days.

(2)

Sales shall be held not more than three times per year and shall not be held more frequently than 60 days apart.

(3)

Sales shall be conducted on the owner's property or the occupant of leased property.

(4)

No goods purchased for resale may be offered for sale.

(5)

No goods shall be located within a street right of way.

(6)

All goods not sold shall be removed from outside within 24 hours of the end of the event.

The keeping of animals, bees, birds, poultry, fowl, dogs, cats, fish, rabbits, and other small-domesticated animals as an accessory use for personal use of a non-commercial nature provided the following standards are met;

(1)

Poultry and fowl shall only be kept to the rear of the principal dwelling and not within the required side or rear yard areas. All structures housing poultry and fowl shall be located 40 feet from all property lines. No more than 24 rabbits, fowl or poultry may be kept. Poultry and fowl shall be kept in a manner to minimize noise and its effect on abutting properties. Roosters shall be prohibited on parcels of less than 10 acres and shall not be housed or free ranged within any required yard.

(2)

Fencing must be installed and maintained to contain the poultry and fowl within the property outside of the required yard areas.

(3)

No more than six beehives shall be kept on a property. No beehive shall exceed 12 square feet.

(4)

No more than six dogs or cats owned by the occupant shall be kept on a property except for a property with an approved kennel permit issued by the Commission.

§ 340-6.2 Zoning permit uses.

The following uses are permitted, after the issuance of a zoning permit by the ZEO, subject to the requirements and standards set forth herein:

(1)

Single family detached dwellings and duplex dwellings.

(2)

Farms, provided;

(a)

The storage of fertilizer and manure shall be located at least 75 feet from any lot line.

(b)

Fencing must be installed and maintained to contain livestock and poultry within the property.

(c)

Accessory buildings directly related to the farming operation are exempt from all of the accessory building requirements of these regulations relating to the size of structures used for farming purposes and the height of these structures is permitted to be up to 40 feet (excludes residential buildings), except that any building that is accessory to a farm shall not be located closer than 50 feet to any property line. All.

(d)

Farms are exempt from the garaging requirements of these regulations.

(e)

There must be a minimum of five contiguous acres dedicated to the farm operation that excludes the minimum zoning district lot size requirement for the parcel.

(3)

Accessory buildings, structures and uses, provided that;

(a)

No permanent accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(b)

No portion of any accessory building or structure shall be located closer to the front property line than any portion of the principal building on any lot except that when a principal building is setback more than 100 feet from the front property line, an accessory building is allowed forward of the principal building but with a minimum 75 setback from the front property line.

(c)

No accessory building or structure shall exceed 24 feet in height. A cupola or ornamental structure may extend an additional three feet in height.

(d)

Accessory buildings shall not exceed 50% of the effective area shown on the parcels Property Tax Assessment Field Card of the principal building without a special permit approval from the Commission.

(e)

The accessory buildings and structures shall conform to all other requirements of the district in which it is located.

(f)

An extension of a building that is connected to the principal building by an enclosed heated space no more than 15 feet in length, or which has direct connection to at least 25% of a common wall with the principal building, shall not be considered an accessory building but shall be considered part of the principal building.

(4)

The accessory keeping of livestock on residential lots, excluding farms, may be permitted for personal use, provided the following standards are met:

(a)

The owner of the land on which the animals are to be kept shall submit the following information:

[1]

A plan or drawing, showing the boundary of the property on which the animals are to be kept.

[2]

The location of the existing on-site structures and on-site wells and septic systems.

[3]

The location and dimensions of the proposed animal shelter, exercise area and the techniques to be used to contain the animals on the property.

[4]

The location of manure stockpile areas.

[5]

The number and type of animals to be kept.

[6]

The location of all wetlands and watercourses.

(b)

The ZEO shall determine that all of the following standards are satisfied prior to the issuance of a zoning permit for the keeping of livestock on residential properties:

[1]

There shall be 1 1/4 acres as the minimum lot size for the first equine, cow, or Ilama, or other similar animal as determined by the ZEO, being kept and 1/2 acre for each additional horse, cow, or Ilama or other similar animal.

[2]

There shall be one acre as the minimum lot size for the first two goats, sheep, swine, or other similar animal as determined by the ZEO being kept and 1/4 acre for each additional goat, sheep, or swine.

[3]

For any combination of livestock being kept, the minimum requirements for equines, cows, or Ilamas shall be considered as primary. For example, an owner of two equines and three sheep would require a minimum lot size of three acres.

[4]

Each animal shall be provided with a minimum three sided, enclosed shelter that shall provide protection from the elements in the minimum amount of 75 square feet per equine, cow, Ilama, or other similar animal and 25 square feet per goat or sheep or other similar animal. The shelter shall be at 25 feet from the side yard and not located in the front or rear yard.

[5]

Each large animal such as equine and cows shall be provided with a fenced exterior exercise area in the minimum amount of 1,000 square feet for each animal.

[6]

Animals shall not be kept directly over any subsurface sewage disposal systems.

[7]

Animals shall be kept on relatively level, well-drained land. To this end, animals shall not be kept in areas that contain wetlands or that have poor drainage characteristics as defined by the NRCS.

[8]

Fencing must be installed and maintained to contain the livestock within the property outside all required setback areas.

[9]

All structures, including riding rings, must conform to area and yard requirements of the particular residential zone. In addition, storage areas for manure may not be located within 75 feet of any property line, dwelling unit, well, wetland, or watercourse.

[10]

The use of temporary buildings or trailers for the stabling of livestock more than 30 days is prohibited. There shall be no storage of supplies outside of permanent buildings.

[11]

No animals are to be kept for commercial purposes.

[12]

No buildings or trailers for the keeping of animals for any period of time shall be in the minimum required yard areas and to the rear of the principal dwelling.

(5)

School/public bus shelters shall not be located closer than 10 feet from the curb line of any street and shall not be larger than 100 square feet in size.

(6)

Swimming pools. No portion of any swimming (above/inground) pool or its deck or platform shall be located closer than 25 to any side yard and no swimming pool shall be in front of any portion of the principal building.

(7)

Accessory dwelling units, subject to the following requirements.

(a)

Only one accessory dwelling unit may be permitted on a building lot.

(b)

The applicant shall provide certification from the Health Department that indicates that the principal and accessory dwelling units meet or exceed all code requirements for the use of private water and septic.

(c)

The accessory dwelling unit shall contain no more than three bedrooms.

(d)

Off-street parking shall be provided at a rate as provided for in § 340-13.5.

(e)

The accessory dwelling unit shall be a minimum of 500 square feet of floor area and shall not exceed 35% of the effective area of the dwelling or 1,200 square feet of floor area whichever is less. The Commission by special permit may authorize accessory dwelling units greater than 35%, provided that the maximum square feet of floor area shall not exceed 1,500 square feet.

(f)

Any alterations, or additions, including exterior entrances, shall maintain the single-family character of a building. To this end, additional doorways shall not be visible from the street.

(g)

Separate means of access shall be provided if the accessory dwelling unit is located within a basement.

(h)

Any exterior stairway required to provide access to the accessory dwelling unit located on the second floor shall be constructed to the rear of the structure and shall be enclosed with a permanent roof and walls.

(i)

The construction of an additional driveway cut to service the accessory dwelling unit shall not be permitted.

(j)

The accessory dwelling unit shall be permitted in an accessory building.

(8)

Roadside stand. Roadside stands of temporary construction, which is readily removable, used for the sale of agricultural or horticultural products such as fruits, vegetables, flowers, etc. . .as an accessory use to single-family dwellings or farms. Such stands erected shall be set back a minimum of 15 feet from the street line and not exceed 300 square feet and must be removed at the end of the normal growing season of the product(s) raised.

(9)

Home occupations. Any home occupation, which is customarily carried on for compensation, by a professional person such as a physician, dentist, engineer, attorney, architect, accountant, artist, musician, tutor or similar use, subject to the following conditions;

(a)

The home occupation is clearly secondary and subordinate to the use of dwelling for dwelling purposes.

(b)

No more than 33% of the effective area of the principal dwelling can be dedicated to the home occupation within the principal residents or within an accessory building.

(c)

The home occupation does not create objectionable noise, odor, lighting, vibrations, and unsightly conditions noticeable off the premises or objectionable, excessive pedestrian or vehicular traffic in the neighborhood.

(d)

No more than two people other than residents of the household who are employees may work on-site and park their vehicles.

(e)

The home occupation shall permit occasional visits by clients or patrons (generally not more than a total of six per day) to render or receive services.

(f)

If there are outside employees or clients' visits two additional parking areas must be provided.

(g)

Not more than one commercial vehicle associated with the home occupation may be stored on the lot outside an enclosed building and there shall not be more than two commercial vehicles stored on the lot.

(h)

There shall be no external evidence of the home occupation so as to change the residential character of the dwelling such as the outdoor storage and display of materials and products, except for the sign as permitted in Article XIII.

(i)

The home occupation shall be operated by the landowner or tenant of the property who must reside on the property.

(j)

The following are prohibited as home occupation uses: beauty shops, bakeries, animal hospitals, dance studios, real estate offices, restaurants, and automobile repair shops and alike uses.

(10)

The following specific types of group residences shall be permitted, pursuant to § 8-3e of C.G.S. Chapter 124, as amended, provided that the required State licenses are obtained:

(a)

Community residences that houses six or fewer persons with intellectual disability;

(b)

Community residences for six or fewer children with mental or physical disabilities.

(c)

Community residences for six or fewer persons receiving mental health or abdication services.

§ 340-6.3 Special permit uses.

Major home occupation. A home occupation where such business use does not comply with the requirements of § 340-6.1B (Home office) or § 340-6.2I (Home occupation), provided that:

(1)

The area devoted to such accessory use (including storage of any supplies or materials) shall not exceed 50% of the total effective area of the dwelling (exclusive of garage, attic, and basement); and

(2)

The accessory use shall:

(a)

Clearly be incidental and secondary to the use of the dwelling for living purposes; and

(b)

Not change the exterior residential appearance or character of the building or be noticeable from the exterior of the building; and

(c)

Not materially change to the traffic characteristics of the neighborhood; and

(d)

Not have any outside storage or display of merchandise, equipment, or machinery relative to the use; and

(e)

Not include the keeping of stock in trade nor the sale or rental of any goods not produced within the premises; and

(f)

Not involve the display of signs or products in, on, or about the premises except for a sign as permitted by these Regulations; and

(g)

Not involve retail sales at the premises; and

(h)

Provide adequate parking areas for residents, employees, or the general public.

Private art galleries and museums, schools, and libraries.

Boarding schools or boarding camps, subject to the following conditions;

(1)

The minimum lot size shall be 20 acres, or at least 1/5 acre for each person including employees residing therein, whichever is greater.

(2)

Each structure shall be located not less than 50 feet from any other structure and not less than 75 feet from any street line.

(3)

No parking area shall be nearer than 50 feet from any side or rear property line.

(4)

Vehicular access shall not be within 100 feet of any adjoining property line.

Tourist homes, bed and breakfast operations, and inns, with accommodations for not more than eight people, provided that;

(1)

The owner of the principal dwelling and lot shall reside on the property housing the bed and breakfast.

(2)

No more than four guest rooms rated for double occupancy are permitted in the structure.

(3)

The Town Sanitarian/Director of Health shall approve the subsurface sewage disposal system.

(4)

Complete bathrooms shall be provided at the rate of at least one bathroom for every two guest bedrooms.

(5)

The maximum length of stay shall be 14 consecutive days per guest and a maximum stay of 60 days in one calendar year.

(6)

Food service shall be limited to breakfast.

(7)

A floor plan showing the layout of the facility shall be submitted and approved by the Building Official and Fire Marshall.

(8)

Modifications or additions proposed to accommodate the use of the structure shall not exceed 50% of the total floor area of the structure.

(9)

All parking areas shall be landscaped and buffered from the neighboring properties and streets.

(10)

Minimum lot size of four acres.

The following specific types of group residences, pursuant to § 8-3e of C.G.S. Chapter 124, as amended;

(1)

Community residences for more than six children with mental or physical disabilities.

(2)

Community residences for more than six developmentally disabled persons.

(3)

Community residences for more than six receiving mental health or addiction services.

(4)

Off-street parking shall be provided at the rate of one parking space for every licensed driver plus three parking spaces for visitors.

Public utility installation, needed for public convenience and necessity;

State and federal government buildings;

Municipal facilities and uses;

Churches, synagogues, and other places of worship;

Cemeteries;

Nurseries;

(1)

Structures shall not be located closer than 25 feet from the side yard.

(2)

All equipment shall be stored within an enclosed building.

(3)

Minimum lot size shall be three acres.

State licensed child day care center or group day care homes;

Riding academies, livery and boarding stables, rental stables, and private club riding stables, subject to the following requirements and standards;

(1)

The lot shall consist of a minimum of five acres of land excluding land classified as inland wetlands or watercourses under the Marlborough Inland Wetlands and Watercourses Regulations.

(2)

Fencing shall be installed and maintained to contain the equines within the property.

(3)

The use of temporary buildings or trailers for the stabling of equines for more than 30 days is prohibited. There shall be no storage of supplies outside of permanent buildings.

(4)

No building, riding ring, or corral used in conjunction with the operation shall be located in such a manner that any part thereof shall be less than 100 feet from any property line except when a side or rear yard abuts Town or State land (including streets), in which case that distance is reduced to 75 feet from that side or rear property line. In addition, storage areas for manure shall be visually screened and may not be located within 75 feet of any property line, dwelling unit, well, wetland or watercourse.

(5)

All public events such as competitions, performances, and shows shall require a separate special permit for each such event.

(6)

There shall be no external lighting of any outdoor riding area without a special permit approval for their use.

Kennels.

(1)

The lot shall consist of a minimum of three acres (120,000 square feet).

(2)

All animals shall be confined within an enclosed structure including the runs and such structures shall be located at least 100 feet from a street line and 100 feet from a property line except when a side or rear yard abuts Town or State land, in which case that distance may be reduced to 75 feet from that side or rear property line. The Commission may increase these setback requirements by 100 feet when the adjoining properties are residentially zoned.

(3)

All exercise areas shall be screened from view with vegetation and/or fencing and shall not exceed 1,000 square feet per animal.

(4)

Off street parking shall be provided in accordance with § 340-13.5.

Outdoor recreational uses - public, semi-public, and private country clubs, golf courses, nature centers, parks, playgrounds, swim clubs, tennis centers, fishing/hunting clubs including customary accessory buildings and uses.

Veterinarian clinic.

Aircraft landing fields, heliports, private landing fields and hangers, subject to prerequisites of State and Federal Aviation Regulations and Standards.

Shop and storage by contractor and building tradesmen such as contractors, electricians, plumbers, painters, and similar occupations provided, however:

(1)

No such use may occupy an area within the principal dwelling, accessory building or both greater than the 50% of the effective area of the principal dwelling;

(2)

Any such use must be conducted by a resident of the premises and shall be incidental to the work of such tradesman performed off the premises;

(3)

No more than two non-resident employees shall park on-site.

(4)

Any accessory building utilized for storage shall be setback 25 feet from side yard and comply with the rear yard area.

(5)

400 square feet of screened outside storage area is permitted setback 25 feet from side yard and comply with Rear Yard requirement.

Yard maintenance services.

(1)

All storage and maintenance of tools and equipment must be inside a building or outside within an area no greater than 800 square feet that requires perimeter fencing and landscape screening located to the rear of the principal building and at least 35 feet from the side yard property line and not within the rear yard area.

(2)

All storage and maintenance of any products including, but not limited to, fertilizer, lime, mulch and the like, must be stored within an enclosed building or a watertight container.

(3)

Only one commercial vehicle may be stored outside and not occupy an area greater than 300 square feet; and no more than two commercial vehicles may be stored within an enclosed building.

(4)

No material from job sites shall be brought onto the property.

Congregate living, convalescent/nursing homes.

Farm winery and vineyard.

(1)

Purpose. In order to allow for diversity and sustainability of agricultural uses and to preserve farm activity in Marlborough, this section is intended to allow for the use of farmland as a normal part of a farm winery and vineyard use and, therefore, allowed by special permit. Such farm wineries are permitted to have certain complimentary uses that will help create a viable agricultural endeavor. All winery activities associated with the manufacture, storage, bottling, production, distribution or sale of wine and spirits shall be in accordance with all State and Federal laws or regulations governing such activities.

(2)

Minimum bulk requirements. A farm winery and vineyard shall be located on a lot or lots having a minimum aggregate area of 10 acres under single ownership and management. The primary lot must maintain a minimum of five acres of planted vineyard area prior to the issuance of a certificate of occupancy for the farm winery in accordance with Article XII of these Regulations.

(3)

Operations standards.

(a)

The farm winery permittee shall produce on the premises shall utilize at least 10% grapes or other fruit grown on premises. Additionally, at least 25% of the fruit used in the manufacturing of the farm winery permittee's wine or brandy shall be grown in the State of Connecticut.

(b)

An average crop shall be defined each year as the average yield of the farm winery permittee's two largest annual crops out of the preceding five years, except that during the first seven years from the date of issuance of a farm winery permit hereunder, an average crop shall be defined as three tons of grapes for each acre of vineyard farmed by the farm winery permittee.

(c)

The owner of the farm winery shall keep records detailing the amount of fruit grown on the premises and the amount of fruit and/or juice imported from off premises, to determine compliance.

(4)

Permitted uses. The following uses are permitted as accessory to a farm winery and vineyard, if authorized by special permit:

(a)

Farm winery. This use includes the commercial making of wine and winery by-products in a designated farm winery and vineyard premises.

(b)

Retail sale of wine and tasting room; public events:

[1]

A building or a portion of a building located on the farm vineyard may be established for the sale of wine and winery by-products by the glass, bottle or barrel and related winery distilled products, and offering of samples of such wine or brandy to visitors and prospective retail customers of such wine and brandy for consumption on the premises of the farm winery permittee. Said area may include the retail sale of wine and spirits featured as products produced at the farm winery and the tasting of wine products produced on the premises.

[2]

Activities allowed in a wine retail and tasting room include artist receptions and artist exhibitions, music entertainment, wine related seminars, wine related meetings and wine tastings held within the tasting room, provided that all such activities shall be located within the tasting room building. In addition, the winery operator may have no more than 10 outdoor public events per year for the promotion of the winery and its products. The winery/vineyard operator shall submit written notification of each Public Event to Zoning Enforcement Officer; such notification shall be made at least 14 days prior to such a public event. No such public event shall begin earlier than 10:00 a.m. nor end later than the hours specified below in Subsection U(4)(e).

[3]

Indoor retail sales and food service areas shall occupy no more than 25% of the floor area devoted to wine, mead or cider processing and storage, or no more than 4,000 square feet, whichever is less.

(c)

Winery retail store. The farm winery and vineyard may include the accessory sale of vineyard- and wine- related goods to the general public, including wine-related food products, locally produced products, dry goods, decorations, household goods and furnishings. The area of retail sales must be located within or contiguous to the wine tasting area and shall be no greater than the total floor area dedicated to the wine retail and tasting room described in the preceding paragraph. The normal hours of a winery retail store and tasting room shall be Monday - Thursday 10:00 a.m. to 8:00 p.m., Friday and Saturday 10:00 a.m. to 10:00 p.m., and Sunday 11:00 a.m. to 8:00 p.m. (except for the extended hours for aforementioned public events).

(d)

Outdoor patio or porch areas:

[1]

Appurtenant to retail sale of wine and tasting room. Outdoor patios or porches may be allowed as an appurtenance to the retail sale of wine and tasting room but shall not exceed 50% of the floor area of the wine retail and tasting rooms. Any such patio or porch area shall be part of, and attached to, said wine retail and tasting room and must be enclosed by a gate, fence, or structure, so as to maintain their separation. There shall be no amplified music or other amplification of sound on the patio or porch. The hours of the patio or porch shall be no greater than the hours of the retail sale of wine and tasting room as set forth in Subsection U(4)(c) above.

[2]

Appurtenant to indoor private function room. Outdoor patios or porches may be allowed as appurtenant to the indoor private function room described in Subsection U(4)(c) below but shall not exceed 50% of the floor area of such indoor private function room. Any such patio or porch area shall be part of, and attached to, said indoor private function room and must be enclosed by a gate, fence or structure, so as to maintain their separation.

[3]

There shall be no amplified music or other amplification of sound on the patio or porch. The hours of the patio or porch shall be no greater than the hours of the indoor private function room as set forth in Subsection U(4)(c) below.

(e)

Indoor or outdoor private functions: A designated indoor or outdoor private function room or area may be approved, provided that:

[1]

Such functions shall not be open to the public but shall be "invitation only" events such as weddings, corporate functions, Bar/Bat Mitzvahs, and similar celebrations. Events that sell tickets or advertise an event open to the public regardless if tickets are necessary or not is not consider a private event for the purposes of these Regulations. No more than two such events shall be held per week and a maximum of 52 private functions can be held per calendar year. The Commission can lower the maximum private functions allowed per year during the special exception application if the Commission determines such private functions are likely to have potential impact on adjacent residential areas. The winery/vineyard operator shall submit written notification of the private function to Zoning Enforcement Officer at least 14 days prior to such a private function.

[2]

Shall not occupy more than 5,000 square feet of gross floor area, including tents or other temporary shelters.

[3]

The Commission may approve a maximum occupancy of up to 250 persons at both the indoor and outdoor event areas at any given time. This number shall be in addition to the maximum occupancy of the retail sale of wine and tasting room of 75 persons, as set forth above.

[4]

The outdoor function area shall be readily accessible from the principal farm winery and vineyard building, and outside tables must be located in such a manner as to maintain access to the building for emergency purposes. Areas in which required parking is required by the approved special permit cannot be used for outdoor function activities. The designated indoor and outdoor function areas must be clearly identified on any application plans.

[5]

Any outdoor event shall take place no closer than 300 feet from any abutting residential dwelling on another parcel and 100 feet from the property lines.

[6]

Hours of operation for private functions shall be Sunday – Thursday 10:00 a.m. to 9:00 p.m., Friday – Saturday 10:00 a.m. to 10:00 p.m., and Sunday 11:00 a.m. to 8:00 p.m.

[7]

The outdoor function area shall be largely open to the elements, however, may be enclosed with a seasonal canopy or tent that is temporary in nature and is to be taken down after the season for outdoor functions has ended. The season for the seasonal canopy or tent shall be March 1 to December 1 of each calendar year.

[8]

The operator is responsible for the cleanup of all trash generated from the outdoor dining area.

[9]

All entertainment and audio amplification shall occur within the principal Farm Winery and Vineyard building, or in a seasonal canopy or tent area as approved by the Commission. Outdoor entertainment and audio amplification shall not last longer than four total hours in any given day. Such events may include music, live or otherwise including a DJ. All music must adhere to the following hours: Sunday through Thursday, no earlier than 10:00 a.m. until no later than 9:00 p.m., Friday and Saturday, no earlier than 10:00 a.m. until no later than 10:00 p.m.

[10]

All exterior lighting shall comply with § 340-3.16 of these Regulations including full cut-off fixtures, positioned horizontally and light must not project off site. Flood lights are prohibited.

[11]

The indoor or outdoor private function room or area may include a food service and service bar operating under a caterer's liquor permit and health district approval, which food service and service bar shall only be open when private functions are occurring on the premises. This food service and service bar must be entirely separate from the tasting room and is only available to people invited to the private function.

[12]

Temporary tents may be erected for a maximum of three days for any such event.

(f)

Farm winery cafes.

[1]

The parcel must be a minimum of 15 acres.

[2]

It must be located on the same parcel that the farm winery is located and within the same structure as the wine tasting facility, or the winery facility where no tasting is proposed.

[3]

The maximum hours of operation open to the public are Sunday through Thursday 10:00 a.m. to 8:00 p.m., Friday and Saturday 10:00 a.m. to 10:00 p.m.

[4]

During any private event the farm winery cafe shall be closed to the general public.

[5]

No other alcoholic beverage may be served or consumed on the permit premises other than a cafe license liquor permit issued by the State of Connecticut Liquor Control Commission in connection with the farm winery use permits. Events referred to as BYOB are strictly prohibited.

[6]

Shall contain no more than 2,000 square feet, excluding any outdoor dining area.

[7]

A farm winery cafe shall accommodate a maximum of 75 persons seated or standing indoors and up to an additional 50 persons seated or standing outdoors on a patio area at any one time (for a total of 125 persons seated or standing), with the exception of staff.

(g)

Residential unit(s) may be allowed with each winery by special permit.

(h)

Outdoor storage. Outdoor storage of any kind, except wine storage, is prohibited unless such storage is completely screened from a public view by an opaque screening device. Screening visible from public rights-of-way and less intense zoning districts shall be constructed of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening shall be constructed and maintained at sufficient height to visually screen all stored materials.

(5)

Farm vineyard and winery parking:

(a)

The site development plan shall depict a minimum of 30 permanent parking spaces for a winery/vineyard. If granted a special permit by the Commission, for the accessory use in Subsection U(3)(e) to hold indoor or outdoor private functions, the Site Development Plan shall depict additional temporary parking spaces at a rate of one space for every 1.75 occupants for indoor and outdoor events.

(b)

In keeping with the agricultural purpose and to help maintain the aesthetic nature, the Commission may allow portions of the temporary parking spaces to be maintained as lawn parking. Commission may require reinforced pavers in grass areas for portions of the proposed temporary parking.

(c)

Permanent parking spaces shall be paved or approved gravel parking. All handicapped parking regulations shall be complied with.

(d)

Parking for private events, group events, or winemaker dinners may be provided in open field areas with a slope of 8% or less, free of combustible materials, each parking space shall require 400 square feet of area that includes parking space and traffic aisles.

(6)

Farm winery and vineyard signage: Shall be the same permitted in § 340-13.1C, Sign regulations for commercial property.

(7)

Landscape buffering. The Commission may require additional landscaping and screening as part of special permit approval to minimize impact on adjacent property owners.

(8)

Application information. All the requirements of §§ 340-5.1 and 340-5.2 shall be submitted with an application as well as the following:

(a)

Production/storage limits. The application for a use approval shall include an estimate of the winery production and storage capacity, given in terms of the number of gallons produced or made annually.

(b)

Tasting and on-site sales. The application for a use approval shall include information describing on-site sales and/or tasting being proposed. The sale of wine shall be limited to wine made and bottled on the premises.

(c)

Liquid waste disposal. All requirements of the Health Department shall be met.

(d)

Outdoor operations. The application for a use approval shall include information to describe the nature of outdoor operations: all outdoor operations shall be screened from the view of adjacent residences and roads to the satisfaction of the Commission.

(e)

Operating hours. The application for a use approval shall include information regarding the proposed operating hours of the winery. The operating hours of the winery shall be established and approved as a condition of the use approval, recognizing the unique requirements of winery operations during harvest season. The range of activities occurring onsite directly related to wine production (e.g., crushing, fermentation, barrel aging, bottling, bottle storage) accompanied by a site plan that provides a description of where the different winery processes will occur on the site. Information regarding proposed public tours and wine tasting, retail wine sales, other retail sales including food service, and picnic areas available to the public.

(f)

Production capacity. Existing and proposed and the type of cooperage used in fermentation.

(g)

Production origins. Origin of grapes used in wine production (e.g., percent of grapes produced onsite, percent of grapes imported from off-site).

(h)

Site development plan. The area (existing and proposed) of patios, structures, parking, roads, and driveways, temporary event areas, uncovered processing areas, vineyard, and other planted areas etc.

(i)

Nuisance control. A description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed winery operation.

Farm tourism uses.

(1)

Purpose. These Regulations are intended to ensure that farm tourism and the expansion of existing farm tourism uses are compatible with the permitted uses in the surrounding area and contribute to the unique community character and economic viability. These Regulations permit farm tourism as compatible accessory uses. It is recognized that the magnitude of these accessory uses are often greater than the uses that surround farms. The use or the accumulation of farm tourism uses should be incidental and subordinate to the use of the property for farming, they require the greater level of regulatory scrutiny that is afforded under the special permit. The purpose of farm tourism is to attract people to farms, promote the sale of agricultural products using agriculture related tours, events and activities, as well as non-agricultural related activities. These tours, events, and other activities are to supplement farm income, as described in Subsection V(4) below.

(2)

Qualifications. A special permit for farm tourism use as described in Subsection V(4) below may be granted provided that:

(a)

The minimum lot area for farm tourism use shall not be less than 10 acres in a single parcel or combination of abutting parcels under single ownership

(b)

Farm tourism uses are only permitted on a farm, as defined in these Regulations.

(c)

Regulation of farm stands and commercial greenhouses is distinct from farm tourism and are permitted under separate permits in accordance with Article VI.

(3)

Standards. To the extent that the Commission finds that each standard does apply, a special permit for farm tourism shall not be granted unless the Commission also finds that the following applicable standards have been met:

(a)

Farm tourism use(s) shall be accessory to and not detract from the principal farming use.

(b)

Food preparation for events shall be limited to that which is essential to the event (such as: pumpkin pie with a pumpkin festival, vendor food with a fair) for which the application is being made

(c)

Parking in accordance with § 340-13.5 of these Regulations.

(d)

On the farm parcel(s), a vegetative buffer shall separate farm tourism uses (e.g., pick your own fields, hiking trails and hay wagon ride routes) from abutting non-farming uses. A minimum width of 15 feet on and/or off the farm property shall be required. Where the buffer is to be off the farm property a permanent open space easements/dedications on or obtained from abutting properties may be substituted for the on-site buffer. The documentation for which shall be subject to approval by the Commission.

(e)

On the farm parcel(s), a structural sound buffer (e.g., sound deadening barriers or buildings) shall be capable of eliminating noise outside farm tourism uses create in any direction from any abutting property boundary. The Commission may accept in lieu of a structural sound buffer, a report from a qualified Sound Engineer certifying that the activity(s) being applied for are able to be conducted in such a manner that the activity(s) shall comply with the State of Connecticut DEEP noise standards with regard to maximum decibel output for the time of day or night during which the activity(s) will be conducted. The report shall describe the requirements necessary for conducting the activity for the activity to comply.

(f)

The minimum distance of any uses that generate smoke, heat or ash shall be 75 feet from any property line;

(g)

The hours of operation shall not be extended before 7:30 a.m. and after 8:00 p.m. Sunday through Thursday and before 7:30 a.m. and after 9:00 p.m. Friday and Saturday 11:00 p.m., except for specific events as allowed in Subsection V(4)(c).

(h)

The number of events which require permitting under Subsection V(4)(b), Category B, within a given calendar year shall be limited to 40 events.

(i)

Public health requirements for potable water and waste disposal shall be met with permanent facilities and/or temporary facilities.

[1]

If not regulated by the Public Health Code, temporary sanitary facilities, such as chemical toilets, shall be required for any event or use where patrons will be on site on average or more than two hours, and where there are no facilities available to the public within 500 feet.

[2]

If the use is temporary, the facilities shall only be required on site for the periods in which the use is taking place.

[3]

The Public Health Code shall prevail in cases where such facilities are regulated under the Code.

(j)

Proposed structures shall reflect or accent existing farm structures with historical and/or architectural character which the Commission determines should be maintained.

(4)

Use requirements. The following uses shall be considered accessory to the existing farming uses as long as they take place as required below:

(a)

Category A: Continuous Activity – requires special permit approval prior to the commencement of activities:

[1]

Retail and wholesale of agricultural products. New or temporary structure(s), or the floor area within an existing or temporary structure or outside areas housing this use shall not exceed 1,500 square feet of area. Greenhouses used to sell nursery stock or bedding plants are not counted toward this maximum;

[2]

The retail of handcrafts and artisan items. New or temporary structure(s) or the area within an existing or temporary structure or outside areas housing this use shall not exceed 2,500 square feet of area;

[3]

Agricultural education instruction. New or temporary structure(s) or the floor area within an existing or temporary structure or outside areas housing this use shall not exceed 1,800 square feet of area.

[4]

Demonstration of production of furniture, black smith items, quilts, fabrics or similar products made utilizing traditional processes. New or temporary structure(s) or the area within an existing or temporary structure or outside area housing this use shall not exceed 2,500 square feet of area.

[5]

Restaurant (Level 1). New or temporary structure(s) or the floor area within an existing or temporary structure or outside area housing this use shall not exceed 1,800 square feet of area where customers are served at counters with no more than a total of 35 seats (whether indoor or outdoor). Under no circumstances shall the hours be extended earlier than 7:30 a.m. or later than 9:00 p.m. Sunday through Thursday, and 7:30 a.m., and 11:00 p.m. on Friday and Saturday.

[6]

Liquor permit. There shall be no more than a single cafe liquor permit and a single outdoor air liquor permit on the premises.

[7]

Farm stores. One farm store per active farming parcel may be permitted by special permit provided the farm store meets all standards of this section and has access from an arterial or collector road, as designated by the current Plan of Conservation and Development and is sited more than 50 feet from any property boundary. A pre-existing non-conforming structure may be converted to farm store use, with the Commission's approval, provided all public parking for the existing or proposed farm stores is located to the side or rear of the building.

[a]

Every application that includes farm store use shall include a Statement of Use in accordance with Subsection V(6)(d) below.

[b]

At least 50% of gross sales of the farm store shall be from agricultural goods produced on the owner's farm or processed products made from raw materials that were produced on the owner's farm.

[c]

To ensure public safety, farm stores are required to have off-street parking in accordance with Article XIII of these Regulations.

(b)

Category B: Events – Require a separate special permit for each event. Only one Category B Event may take place at any given time. Category B events are open to the general public to attend whether or not admissions/attendance is by advertisement, invitation, or ticket procurement are subject to the following provisions:

[1]

There shall be no private events held at the same time on the day as events.

[2]

An event shall not exceed three days in duration.

[3]

May require the use of professional traffic control.

[4]

There shall not be more than 40 events a year.

(c)

Category C: Special events. These events are not open to the general public and include; Private gathering events such as parties, weddings, reunions, fundraisers, meetings and services, whether catered or not. The applicant shall submit an operation plan, which demonstrates compliance with the following criteria:

[1]

No more than two such events shall be held on the same day. The permittee may host a maximum of two events concurrently provided the Commission finds that adequate site conditions exist to accommodate multiple events.

[2]

Temporary structures and tents may be put up no more than two days in advance of the event and must be removed from the property, unless it is to be stored in a permanent structure located on the site, no more than two days after the event for which they are first set up. All temporary structures shall be installed to the satisfaction of the Fire Marshal.

[3]

Outdoor event space(s) for this use shall be located entirely within the area depicted on the approved site development plan. The Commission may require fencing or other methods to confine outdoor activities to the designated areas and/or screen them from public rights of way.

[4]

The proximity of any outdoor area(s) and existing building(s) to the nearest property line and/or residential dwelling is demonstrated on the site plan and is found to be acceptable by the Commission.

[5]

Indoor event space shall not occupy more than 15,000 square feet of gross floor area or outside areas and shall be limited to buildings existing on the effective date of this regulation.

[6]

All required parking shall be provided on site. On street parking is prohibited. The Commission may allow 50% of the required parking to be lawn parking. Spaces shall be provided at a rate as follows:

[a]

Twelve spaces per 1,000 square feet of facility open to the public.

[b]

One space per employee/vendor of such facility.

[7]

Waste collection shall be designated on the site plan. Any dumpster or roll off container shall be screened from view. Containers shall have sufficient capacity to be fully closed at all times. Waste pickup shall be frequent enough to prevent unsanitary conditions.

[8]

Outdoor entertainment shall not last longer than four hours on any given day. Such entertainment may include acoustic or amplified music. Any outdoor entertainment shall not be permitted after 9:00 p.m. on Sunday – Thursday and 10:00 p.m. on Friday and Saturday.

[9]

Food service may only be offered in conjunction with a scheduled private event occurring on the premises. The maximum number of attendees may be limited by the Commission subject to review by the Fire Marshal.

[10]

All exterior lighting shall include full cut-off fixtures. Lighting must not project off site. Flood lights are prohibited.

[11]

Any event that is planned to occur over more than one day shall be subject to separate approval.

[12]

If the Zoning Enforcement Officer finds there have been substantial changes to the operation plan affecting health, safety or welfare at the facility the Officer may make a finding of violation of the approved operation plan and may recommend to the Commission that a new public hearing be held to amend the operation plan.

[13]

The maximum number of attendees for any one event shall not exceed 250.

[14]

The applicant shall provide a narrative of all traffic control and site security measures planned for the general operation of events, which may be subject to review by the Town's Director of Public Safety.

(5)

Regulation of use:

(a)

As part of an approval for a farm tourism site plan, the location on the property that will be devoted to farm tourism shall be depicted on the approved site development plan, and may be modified by the Commission;

[1]

The location and size shall be dependent upon the potential impact to the surrounding land uses and public infrastructure. The standards set forth in Subsection V(3) above shall be the criteria by which potential impacts shall be determined acceptable or unacceptable, in addition to/in lieu of the standards of § 340-5.16 of these Regulations.

(b)

The site plan shall depict the distance of farm tourism uses that contain or have site lighting in accordance with § 340-3.16 of these Regulations.

(c)

For site where there will be less than 10,000 square feet of disturbance that would not have to provide a soil and erosion control plan in accordance with § 340-3.21, the utilization of appropriate mitigation methods as outlined in the "2004 Connecticut Guidelines for Soil Erosion and Sediment Control," as the same may be amended from time to time, shall be employed to reduce potential impacts of soil erosion and sediment.

(d)

The utilization of appropriate mitigation methods as outlined in the "2004 Connecticut Stormwater Quality Manual", as the same may be amended from time to time, shall be employed to reduce potential impacts of stormwater.

(e)

A structural sound buffer (e.g., sound deadening barriers or buildings) shall be capable of eliminating noise outside farm tourism uses create in any direction from any abutting property boundary. The Commission may accept in lieu of a structural sound buffer, a report from a qualified sound engineer certifying that the activity(s) being applied for are able to be conducted in such a manner that the activity(s) shall comply with the State of Connecticut DEEP noise standards with regard to maximum decibel output for the time of day or night during which the activity(s) will be conducted. Regardless, no outdoor music shall be played before 10:00 a.m. or after 10:00 p.m. Sunday through Thursday, or before 11:00 a.m. and after 10:00 p.m. on Friday and Saturday.

(6)

Procedure:

(a)

In granting a special permit for farm tourism, the Commission shall specify the type of accessory uses and the conditions upon them that will be allowed within the farm tourism area which they have approved on the site plan.

(b)

If a violation of the special permit is found, a warning shall be issued. Two violations within a year shall be grounds for review by the Commission of the special permit for farm tourism. If the Commission finds the violations create an impact that relate to the criteria in Subsection V(3) that did not exist at the time of approval, then it may, following notice to the property owner and operator and the opportunity to be heard, revoke the special permit. The Zoning Enforcement Officer may initiate legal procedures in accordance with Article XV of these Regulations.

(c)

Application requirements:

[1]

The required statement of use shall include the following information:

[a]

The proposed uses for the property;

[b]

The proposed hours of operation, and days of the week for each use proposed;

[c]

The anticipated periods or seasons (approximate dates) the uses will occur for each proposed use;

[d]

The statement of use shall become a part of any special permit approval for a farm accessory use, and any permitted uses shall be operated in accordance with the provisions of the statement of use as approved or modified and approved by the Commission.

[2]

The required site plan shall show the following information in addition to that required by § 340-5.3 of these Regulations:

[a]

The areas devoted to farming versus farm tourism shall be depicted;

[b]

The areas to be used for specific farm tourism uses within the farm tourism area shall be noted;

[c]

Uses that are periodic or seasonal should be noted so that the Commission can determine if areas are capable of having multiples uses throughout the year;

[d]

Lighting meeting the requirements in § 340-3.16 of these Regulations.

[3]

When new buildings and/or structures are to be constructed or modification to the exterior of any existing building or structure, architect-prepared floor plans and building elevations shall be required.

[a]

The application shall include drawings which will demonstrate that the proposed design will have desirable and compatible characteristics of the development existing in the surrounding area of such building/structure.

[b]

Such similar and compatible characteristics shall include, but not be limited to, consideration of building bulk size, architectural features including windows/doors and facade lengths and heights as well as building finishes, lighting fixtures design and signage; and overall site design including landscaping.

Campgrounds.

(1)

Campground may be granted only on a parcel or abutting parcels under the same ownership containing a minimum of 20 acres or more dedicated to the use.

(2)

A suitable buffer strip for purposes of visual and auditory screening shall be provided. Said buffers area shall be 75 feet with no less than fifty-foot vegetated buffer in width abutting Residential Zoned property. The buffer area abutting Town-owned property (not including streets) shall not be less than 50 feet in width with a twenty-five-foot vegetated buffer. It shall be the responsibility of the owner to maintain said vegetated buffer in perpetuity. If concerts or other amplified music is to be used at a campground, it must be separately approved by special permit and, in addition, a structural sound buffer (e.g. sound deadening barriers or buildings) shall be capable of eliminating noise outside campground uses create in any direction from any abutting property boundary. The Commission may accept in lieu of a structural sound buffer, a report from a qualified sound engineer certifying that the activity(s) being applied for are able to be conducted in such a manner that the activity(s) shall comply with the State of Connecticut DEEP noise standards with regard to maximum decibel output for the time of day or night during which the activity(s) will be conducted. Regardless, no outdoor music shall be played before 10:00 a.m. or after 9:00 p.m. Sunday through Thursday, or before 11:00 a.m. and after 10:00 p.m. on Friday and Saturday.

(3)

Camping units and related facilities and structures are prohibited in the area designated on the site plan as "buffer strip," but the buffer may contain passive recreational uses if said areas are landscaped in such a way as to prevent adverse effects on adjacent properties. Use of the buffer area for passive recreation is limited to between the hours of 8:00 a.m. and 9:00 p.m. Quiet hours for the campground shall be 10:00 p.m. to 7:00 a.m.

(4)

The campground may be used during the period from March 1 to December 31 of each year. No persons who rent, use or enjoys a campsite may claim residency during their stay. Permanent occupancy of any campsite unit is prohibited. Campers must at all times retain a permanent, principal physical residence and domicile outside of the campground. The use of a recreational camp or campground for conference or special event purposes may be permitted through a special exception review.

(5)

The campground shall be supported by internal access roads. The minimum one-way road width shall be 11 feet within the grounds of a campground. One-way streets in excess of 1,000 feet shall have eight-foot by forty-foot pull-off area every 500 feet. Any dead end shall terminate in a cul de sac with a diameter of 40 feet, or with a hammerhead of 40 feet. All two-way streets shall have a minimum of 18 feet in width.

(6)

Accessory uses. The use of a campground for conference or special event purposes may be approved for any time of the year through a yearly special permit as outlined below.

(a)

Conferences. Conferences shall consist of events bringing individuals to the facility for individual programs. Programs include but are not limited to indoor and outdoor meetings or gatherings for instructional or educational programming, retreats, workshops, and team-building purposes for individuals, families, community-oriented organizations, businesses, schools, colleges and universities.

(b)

Special events. Special events such as car shows, tag sales, fireworks shows, concerts, and other events may be approved for any time of the year as part of a special permit review.

(c)

The operator of a campground may establish, as part of the campground, a store to be known as the camp store, providing merchandise for sale to registered campers only. The store may also provide rental of recreational equipment and supplies. Sale of alcoholic beverages will not be permitted. The camp store must be located in the interior of the campground and not less than 50 feet from any property line.

(7)

Accessory buildings. The following accessory buildings may be included in any campground special permit application:

(a)

Management headquarters, recreational facilities, showers, laundry facilities, and other structures customarily incidental to operation of a campground.

(b)

Single-family dwelling with or without an accessory apartment for the owner and/or appropriate staff.

§ 340-6.4 Residential height, area and yard requirements.

Minimum lot size and frontage requirements.

		Lot Size	Frontage
a.	On-site individual subsurface sewage disposal system and well	40,000 square feet	150 feet
b.	Community water system or community sewage disposal system or public sewers or water	20,000 square feet	125 feet
c.	Rear lot on-site	40,000 square feet	50 feet
d.	Rear lot on community or public water or sewer	20,000 square feet	50 feet

Minimum required yards.

(1)

Front yard: 40 feet.

(2)

Side yard: 15 feet.

(3)

Rear yard: 40 feet.

Maximum height: 40 feet.

Maximum building coverage: 10%.

Maximum lot coverage: 20%.

§ 340-6.5 Open Space Conservation Area Regulation (O.S.C.A.R.).

Authority. Pursuant to CGS §§ 8-2, 8-18, & 8-25, the Marlborough Planning Commission may approve cluster development in the form of an Open Space Conservation Area Residential Development Subdivision (O.S.C.A.R.) as provided herein. The Marlborough Planning Commission may enact Subdivision Regulations in furtherance of and not inconsistent with these Regulations.

Purpose.

(1)

The purpose of this Regulation is to provide for a flexible approach for design and division of land for residential development while assuring that significant natural and man-made resource areas within Town will be conserved and protected without increasing the overall residential density. Specifically, this regulation is designed to further the following objectives;

(a)

To promote design flexibility in residential development;

(b)

To promote development that is sensitive to site characteristics;

(c)

To preserve and provide land for open space, parkland and recreational purposes which contribute to the health, safety and general welfare of the residents of the Town of Marlborough. Such open space shall preserve land that will serve one or more of the following purposes: farmland, forestland, recreation areas, sensitive wetland and watercourse systems, scenic vistas, geologic formations, unusual topography, historic or prehistoric sites, wildlife areas and land that contains rare or unusual flora or fauna;

(d)

To encourage more creative and efficient site planning that will result in reduced expenditures for utilities, infrastructure, and maintenance costs;

(e)

To achieve the objectives of the Open Space and Recreation Plan of the Plan of Development.

(2)

The granting of an approval for an O.S.C.A.R. subdivision shall be in the sole discretion of the Marlborough Planning Commission to allow for reduced requirements as to lot size, frontage, yardage, etc. in conformance with this section.

Requirements.

(1)

As a condition to approving an O.S.C.A.R. subdivision, the Planning Commission shall find one or more of the following specific purposes to be accomplished:

(a)

To preserve land as unsubdivided common open space which will preserve or enhance the appearance, character or natural beauty of the area.

(b)

To preserve land to serve "common open space" needs.

(c)

To preserve land for purposes of conserving natural resources.

(d)

To inhibit building on poor soils.

(e)

To preserve and protect areas and terrains having qualities of natural beauty or historical interest.

(2)

General eligibility requirements for an O.S.C.A.R. subdivision:

(a)

O.S.C.A.R. subdivisions are limited to Residential Zones.

(b)

O.S.C.A.R. subdivisions shall not result in the creation of more lots than would occur in a conventional subdivision.

(c)

O.S.C.A.R. subdivisions are limited to proposals resulting in five or more lots.

(d)

O.S.C.A.R. subdivisions shall provide for common or public open space and/or conservation areas.

(3)

Open space and development densities.

(a)

Open space for the purposes of this Regulation is an area covered by a development restriction. A development restriction prohibits further development in order to preserve agricultural lands or any other land that is predominately in its natural state. The Planning Commission, in its discretion, may permit non-commercial recreational uses permitted by these regulations, provided that such uses are not inconsistent or harmful to the preservation of the restricted area. The Planning Commission may also permit activities and accessory structures necessary to support open space or agricultural uses.

(b)

The maximum number of building lots shall not exceed the number that would have been permitted in a conventional subdivision layout. As a means to provide the applicant with some guidance in determining the number of building lots permitted, the applicant shall submit a conventional subdivision plan using the lot size which would be required without the use of an O.S.C.A.R. which will be reviewed by the Commission without the application of this section, including the depiction of the required open space (20%) set forth in Chapter 415, Article VI of the Marlborough Subdivision Regulations. Such conventional plan need not contain all information required for a Final Subdivision Plan by the Marlborough Subdivision Regulations but shall contain only such information as is necessary to permit the Commission to determine that the conventional plan represents a feasible subdivision of the land without the use of this Section. If approved by the Commission as representing a feasible conventional subdivision plan, the total number of lots in such conventional subdivision plan shall be the maximum total number of lots in the O.S.C.A.R. Subdivision.

Design guidelines. In addition to such guidelines as may be contained in the Marlborough Subdivision Regulations, the Planning Commission shall, in its consideration of an O.S.C.A.R. subdivision, require that lots be laid out, to the greatest extent feasible to achieve the following objectives (listed below in order of priority, as it is recognized that some may conflict with others on any given site):

(1)

Preserve and maintain existing forests, fields, pastures and other land in agricultural use and to preserve land mapped as Class I or II farmland soils, together with sufficient buffer areas, of not less than 50 feet, to minimize conflict between residential and agricultural use.

(2)

Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land. Consideration shall be given to the preservation, creation and connection of wildlife corridors and trails within subdivision open space.

(3)

Provide for pedestrian access between properties and for a perimeter design concept intended to facilitate the networking of trails for pedestrian or equine use to ensure recreational access to resource land as provided for in the Subdivision Regulations.

(4)

The permanent open space area shall be primarily located in areas contiguous to existing open space areas or in an area of the site with the highest probability of connecting with future open space areas.

(5)

Leave unblocked or uninterrupted scenic views and vistas, particularly as seen from public roads or public lands.

(6)

Preserve historic and prehistoric sites and their environments in so far as needed to protect the character of the site.

(7)

Maintain the visual integrity of hilltops and ridge lines by siting development so that building silhouettes will be below the ridgeline or hilltops or if the area is heavily wooded, the building silhouette will be at least 10 feet lower than the average canopy height of trees on the ridge or hilltop.

O.S.C.A.R. height, area and yard requirements.

(1)

Minimum lot size and frontage requirements.

		Lot Size	Frontage
a.	Standard – on-site subsurface sewage disposal system and on-site well	30,000 square feet	100 feet
b.	Community water system or community sewage disposal or public sewer and/or water	20,000 square feet	75 feet
c.	Rear lot	40,000 square feet	20 feet

(2)

Minimum required yard areas.

(a)

Front yard: 20 feet.

(b)

Side yard: 15 feet. (Possible five-foot reduction but must provide access to rear.)

(c)

Rear yard: 25 feet.

(3)

Maximum building height: 40 feet.

(4)

Maximum building coverage: 10%.

(5)

Maximum lot coverage: 20%.

§ 340-6.6 Floating zones.

Intent. The purposes of this section is to allow flexibility in development to permit multiple principal residential buildings on a single parcel in order to provide for housing; a) that promotes design flexibility in residential development, b) that promotes housing for persons who, due to age or health, require more compact residential patterns than possible through single lot subdivisions, c) encourages more creative and efficient site planning that will reduce site disturbance and the amount of infrastructure necessary, d) that allows recreation uses while preserving open space.

Floating zone:

(1)

Any owner of property may apply to the Commission for a change of zone to one of the following Floating Zones provided said application conforms in all respects with the requirements set forth in this section for such Zone Change: Design Multiple Residence - DMR, Planned Residential Recreational Development -RRD, and Adult Living Development - ALD. For each such zone change approved by the Commission, the provisions of Article VI of this chapter shall not apply to said floating zone, and in their place the plans, specifications, conditions, representations, and other components of the zone change application, as approved and/or modified and approved by the Commission shall control in said floating zone.

(2)

For the purposes of this section, the term "underlying zone" shall be defined as the zone or district existing on the subject parcel(s) prior to the filing of an application for a floating zone, and the zone to which said floating zone shall revert after approval if said floating zone is not developed within the time limit established by this section.

Pre-application procedure.

(1)

All prospective applicants considering development within the VCPC Floating Zone are encouraged to review with the Planning and Zoning Commission, on an informal and pre-application basis, a draft preliminary master plan and drafts of other information required by the Zoning Regulations. Although this process may enable a prospective applicant to obtain meaningful preliminary feedback, this informal review is not intended to include evaluation of application specifics. Neither the pre-application conference nor the formal consideration of the preliminary plan shall be deemed to constitute any portion of the official and formal procedure of applying for a change of zone or a Land Use Concept Plan approval. Neither the proponent nor the Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the public, the proponent, and the Commission upon the future receipt, if any, of a formal application for a VCPC Floating Zone. Similarly, silence by Commission members during an informal review should not be construed as assent or acceptance of what is presented. Following any 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 comment, or may suggest that additional information is or will be required prior to action on a formal application for change of zone. All applicants shall submit a preliminary site development plan to the Commission for the purpose of presenting a preliminary design of the proposed development to the community at an early stage in the design process and to incorporate the applicable comments and suggestions into the overall design.

(2)

At a minimum, the preliminary site development plan shall include enough detail to measure for the requirements of these regulations and to clearly present the proposal. This preliminary plan shall be submitted with five copies of the plans plus digital versions of all plans and documents; a description of the proposed uses and plans that include:

(a)

General statement. A general statement shall be submitted describing the following:

[1]

The specific types of proposed uses on the site;

[2]

The methods by which site utilities will be provided;

[3]

The proposed timetable for development, including a description of phasing;

[4]

The open space resources of the site, and the amount of open space to be retained, and the method for preservation, if any;

[5]

The pattern/method of ownership and maintenance of any interior roadways, public/private facilities, the sewerage disposal system(s), the water supply(s), and other common elements,

[6]

Tabulations of the gross acreage of the development and the preliminary estimate of the percentage of lot coverage of buildings, open space, roads, and parking.

[7]

A statement outlining how the application is in compliance with the Marlborough Plan of Conservation and Development.

[8]

A schedule of bedrooms per dwelling unit, total number of units, square footage of each unit, and other such data as may be required to evaluate compliance with the standards and criteria of these Regulations; and

[9]

Tabulations of the gross acreage of the development and the percentage of lot coverage of buildings, open space, roads, and parking.

[10]

A statement of how affordable housing is being incorporated into the development including the number of units, income levels, term of deed restriction, and the administrator. A minimum of 15% of the units shall be deed restricted as affordable units for families earning 80% of median income, as defined in Connecticut General Statutes § 8-30g, and such restriction shall be for a minimum of 40 years. The Town of Marlborough shall be the administrator for all such affordable units.

Formal application. In addition to the requirements of Article XVI of these regulations, petitions to amend the Zoning Map to VCPC Floating Zone shall also provide the following information (except for applications initiated by the Commission). All maps shall be of a size that complies with the requirements for filing with the Marlborough Town Clerk.

(1)

Application fee. In accordance with the Town Land Use Fee Ordinance.

(2)

General statement. A general statement shall be submitted describing the following:

(a)

The specific types of proposed uses on the site;

(b)

The methods by which site utilities will be provided;

(c)

The proposed timetable for development, including a description of phasing;

(d)

The open space resources of the site, and the amount of open space to be retained, and the method for preservation, if any;

(e)

The pattern/method of ownership and maintenance of any interior roadways, public/private facilities, the sewerage disposal system(s), the water supply(s), and other common elements;

(f)

(g)

Tabulations of the gross acreage of the development and the percentage of lot coverage of buildings, open space, roads, and parking.

(h)

A statement outlining how the application is in compliance with the Marlborough Plan of Conservation and Development.

(i)

A statement of how 15% of the units will be affordable housing units are being incorporated into the development, including the number of units, income levels, term of deed restriction, and administrator.

(3)

Master plan for the area to be rezoned, including the following elements:

(a)

Boundary survey of the land to be included in the district at a scale no smaller than 1" = 50 feet, and prepared at the A-2 standard of accuracy by a Connecticut licensed land surveyor;

(b)

Existing topography with two foot contours to T-2 or T-3 level of accuracy show the general gradient of the site, existing structures, existing roads and rights-of-way, major topographic features, and limits of inland wetlands, watercourses and floodplains as mapped in the field by a qualified soils scientist and plotted by a Connecticut licensed land surveyor;

(c)

Existing land uses and zoning within 500 feet of the area to be rezoned;

(d)

Names of all property owners located within 500 feet of the boundary of the property to be rezoned, as listed on the Town Assessor's records;

(e)

Location of proposed land uses within the area to be rezoned; the number of residences, and the allocation among various types of residences; the aggregate square footage of each type of dwelling unit; the aggregate maximum number of bedrooms for each type of residential use; the residential density and the method used to calculate it;

(f)

Proposed contours with intervals adequate to indicate drainage and grades;

(g)

Location and size of proposed buildings and structures, including:

[1]

The square footage of each proposed building.

[2]

The allocation of uses for each type of building.

[3]

The height of each building or structure.

[4]

The location and use of existing buildings or structures, and the intended use thereof.

[5]

Architectural elevations, exterior materials, colors, and height of all buildings.

(h)

Public and private streets and circulation patterns and potential traffic improvements proposed by the applicant;

(i)

General locations of on and off-street parking, loading and delivery areas;

(j)

Existing and proposed pedestrian facilities and circulation routes;

(k)

Potential location of public transit connections or stops;

(l)

Public and private open spaces, both improved and natural, and the square footage or acreage thereof;

(m)

General locations of utilities and drainage facilities to serve the area to be rezoned;

(n)

General landscaping plans, including existing vegetation to be preserved and general location of landscape buffers, including general type of landscaping proposed (e.g., evergreen tree, shade tree, flowering tree, evergreen shrub or hedge, flowering shrub, ground cover, existing vegetation to remain) and general location of landscaping (buffers, street trees, parking lot islands, foundation plantings); provided that details such as the species, number, size, and exact location of such landscaping may be deferred to the subsequent special permit review.

(o)

Proposed project phasing of residential and retail components, including phasing of public improvements and affordable housing units and provisions to address construction traffic;

(p)

The location of all inland wetlands and watercourses as delineated by a certified soil scientist in Connecticut;

(q)

Any exposed area of ledge in excess of 200 square feet; and

(r)

Identification of any known natural and/or cultural resources (i.e., stone walls, foundations, archeological sites, etc).

(s)

An affordability plan in conformance with Connecticut General Statutes § 8-30g.

(4)

Sanitary sewers and public water.

(a)

Sanitary sewers.

[1]

The applicant shall submit an impact analysis prepared by a professional engineer that evaluates the proposed sanitary wastewater flow of the development on the public sewer system concerning the impact to the system's capacity and capability of effluent from the development with discharge standards set by the Marlborough Water Pollution Control Authority. The applicant shall submit a report from the Marlborough Water Pollution Control Authority prior to the close of the public hearing for any application.

[2]

If the applicant has to construct any sanitary sewer facilities that Marlborough Water Pollution Control Authority will not own and/or operate; the applicant shall submit information concerning the ownership, operation and maintenance as a part of the application submittal.

[3]

If the applicant proposes to construct a community sewerage system, as defined in Connecticut General Statutes § 7-245, being any sanitary sewer facilities that the Marlborough Water Pollution Control Authority will not own and/or operate; the applicant shall submit information concerning the ownership, operation and maintenance as a part of the application submittal. In addition, a report from the Marlborough Water Pollution Control Authority indicating that all requirements of Connecticut General Statutes § 7-246f have been satisfied shall be provided.

(b)

Public water. Documentation shall include but not be limited to engineering feasibility studies of the proposed water supply (such as well data from existing wells on or near the site. Final engineering design, final governmental approvals, or physical construction of water supply facilities shall not be required at the zone change and Master Plan approval stage but shall be required prior to the issuance of any special permit in accordance with Article V of these Regulations.

(5)

Additional information. A change of zone application calls upon the Commission to exercise a legislative function and to determine that the floating zone applied will be superior to the underlying zoning to achieve the purposes of these Regulations as set forth in Article I. Therefore, it is incumbent on the applicant to provide sufficient information, in both detail and scope, to meet its burden of proof in that regard. Further, it is the obligation of the applicant to provide any additional information which the Commission may request or require in order to make such a determination. Such information may include, but is not limited to: information concerning surrounding land uses, building locations, driveways, streets, topography, water courses and wetlands, utilities, and the like; a traffic impact study prepared by a Connecticut registered professional engineer qualified to prepare such studies; an environmental impact statement prepared by professionals qualified to prepare such studies; detailed architectural information, such as color samples, screening of roof-or ground-mounted heating and air conditioning equipment and ventilation ducts, building illumination, samples of construction materials, and the like; detailed landscaping plans, including the type, size, number and location of material to be planted, the location and construction material of any fences, walls, flag poles, street furniture, walkways, trash disposal areas, and the like; reports from its own consultants and staff, or from government agencies.

(6)

Referral to Planning Commission. The Commission shall refer all applications to the Planning Commission in the manner provided by CGS § 8-3(a), as amended from time to time, for its study of the proposed use and construction, and its conformance to the plans and policies of the Marlborough Plan of Conservation and Development. The Planning Commission shall issue a report in the manner provided by CGS § 8-3(a) as amended from time to time. An application receiving a negative report from the Planning Commission may be approved by the Zoning Commission by a vote of not less than 2/3 of the full Commission.

General standards and requirements for all floating zones:

(1)

Access/circulation.

(a)

Access shall be to at least one Town through road or State highway, which has adequate capacity for the traffic generated and does not create safety hazards. Such road(s) shall be classified as an arterial or collector road in the most recent Plan of Conservation and Development. Vehicular access (streets and driveways) shall be a minimum of 30 feet from an adjoining property line under separate ownership.

(b)

Proper access ways and circulation shall be designed for emergency vehicles, fuel trucks, refuse collection, and snow removal equipment to operate in a safe and efficient manner. Such access ways are not to serve as car storage areas.

(c)

The Commission may require the proposed street system to have multiple connections to an existing through road, or two or more through roads or State highways in order to provide safe and efficient circulation system.

(d)

The development shall provide for internal pedestrian circulation utilizing walkways and paths to serve pedestrian movements to community facilities and dwelling units. Sidewalks shall be provided to the public street and between buildings and parking areas. The Commission may require sidewalks along public streets and driveways.

(e)

All interior streets private or public shall be constructed in compliance with the Town of Marlborough Highway Standards and Specifications. The right-of-way requirements and road-width requirements may be waived if the streets are considered by the Commission to be of local use only for the site. In no case shall the paved portion be less than 20 feet.

(f)

All private driveways shall have the following minimum width requirements:

[1]

Two-way traffic: 22 feet.

[2]

One-way traffic: 16 feet.

(2)

Site utilities.

(a)

Underground 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 storm water management system.

(3)

Site design. The design of any floating zone shall utilize best management practices for all the elements of the development including but not limited to; sewage disposal, water supply, storm water management, building design and efficiencies, road design and landscaping.

(a)

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.

(b)

Minimum road frontage. No property proposed for a floating zone shall have less than 75 feet of frontage on an accepted, improved Town Road or State Highway.

(c)

Setback requirements.

[1]

No building or structure shall be closer than 50 feet from existing Town Roads and from any proposed private or public road.

[2]

No building or structure shall be closer than 50 feet from existing residentially zoned property and no closer than 100 feet from existing commercial or industrial zoned property.

[3]

No land used for active recreation shall be located within 50 feet of adjoining property lines.

(d)

Minimum lot size. The minimum lot size is 12 acres. In calculating the lot area the following land shall be excluded; all land area within the 100-year flood plain, and watercourses.

(e)

Building height.

[1]

The building height shall not exceed 40 feet as measured from the sill plate to the highest point of the roof or the average height between the eaves and the ridge for a gable, hip or gambrel roof. For buildings that have more than one roofline, height requirements shall be measured to the highest roof. Chimneys and decorative features may extend an additional three feet.

[2]

Accessory buildings shall not exceed 24 feet in height with the exception of a clubhouse or restaurant which may have a roof height of 35 feet. Chimneys and decorative features may extend an additional three feet.

(f)

Building separation. There shall be at least 20 feet between buildings.

(g)

Refuse collection. Waste collection areas shall not be located within 75 feet of any adjoining properties and not within 25 feet of any dwelling unit within the development. Adequate screening utilizing fencing and plantings shall be incorporated into the design of each waste collection area.

(h)

Architectural design.

[1]

The architectural design, scale and mass of the buildings and other structures, including among other elements; the exterior building material, color, roofline, and building elevations shall be residential in character so as to harmonize and be compatible with the neighborhood to preserve property values and to preserve the appearance and character of the community. Preferred building materials should be or building materials must be brick, stone, or narrow-width siding, or the like. Roofing materials should where visible be cedar shake, slate, copper, architectural three tab, or reasonable equivalents. Tarpaper, metal, or plastic roofing surfaces are strongly discouraged. Building mounted lighting shall utilize shielding to prevent glare off-site, and shall be of a style and character, which is in harmony with the character of the Town.

[2]

Roof top mechanical systems shall be discouraged, however if utilized the full perimeter and height shall be fully screened from all sides in a way that is integrated into the total building design, such as extensions of the roof parapet or roof peak. Any ground mounted mechanical systems shall be screened from view from private or public streets.

(i)

Open space and recreation area.

[1]

Open space is land not used for the construction of dwellings, buildings for supporting facilities, parking, vehicular circulation, or areas within 25 feet from the exterior of dwelling units. Open space areas shall be so arranged and defined that its area, permanent use and control can be established with restrictions and covenants prohibiting or restricting construction of buildings or structures upon it. There shall be a minimum of 50% open space.

[2]

The total land area required to meet the minimum land requirements that are 12 acres and the additional land required for the number and type of housing units shall determine the open space requirement for each application. No more than 50% of the required open space area shall be utilized for active recreational areas unless said application is for a Planned Residential Recreational Development.

[3]

Additionally, the Commission at its sole discretion may permit active recreational use on open space land beyond the above noted limits, when an application depicts an open space land area designation greater than that required for the particular development. The additional amount of active recreational use shall not be greater than an area equivalent to the additional open space land designation.

[4]

Open space land may be utilized for water supply and sewage disposal including any buildings or structures required for their operation.

(j)

Method of ownership of open space/recreation land.

[1]

The Commission shall approve the ownership of the open space area and the provisions for the preservation. The Commission shall consider the following types of ownership acceptable.

[a]

Homeowners association:

[i]

Held in common by a homeowner's association incorporated as a non-profit organization dedicated to the conservation of open space; Said homeowners association shall be organized by the applicant prior to filing of the Final Plan in a form satisfactory to the Commission and Town Counsel. Membership in the association must be mandatory for each property owner within the overall development of the property and for any successive owners. Only property owners within the overall development of the property shall be members of the homeowner's association and restrict the use to members and their social guests only. These provisions shall not apply to open space areas used for commercial recreation.

[ii]

The applicant's deed of said open space land to said association shall provide if said homeowners' association is dissolved, the open space land reverts in ownership to the Town. Additionally, the applicant's deed shall include all the proper development restrictions to assure the protection of the open space area. Also, the homeowner's association bylaws shall provide for assessments against members for all expenses including but not limited to maintenance of said open space land, including any improvements thereon, taxes, and insurance, provide each lot shall have one vote regardless of the numbers of owners of a lot.

[b]

Non-profit land trusts/corporation. At the applicant's option deeded to a non-profit land conservation trust or corporation, established for the purpose of conserving land in open space with such conveyance to be approved by the Commission and Town Counsel, and provided that said conveyance shall restrict subsequent sale or other disposition to a similar trust or corporation to be approved by the Commission and Town Counsel prior to any such transfer. If the applicant elects this option, it shall provide written evidence that eh non-profit entity will accept the conveyance.

[c]

Applicant ownership. Held in ownership by the applicant subject to a legally binding arrangement that will permit use of the open space land for agricultural or recreational uses with the appropriate restrictions approved by the Commission or subject to a conservation and preservation restrictions as provided for by CGS § 47-42a, as amended, from time to time, in terms and conditions which are acceptable to the Commission and Town Counsel.

[d]

Town of Marlborough. Deeded fee simple to the Town by warrantee deed acceptable to the Board of Selectmen, the Commission, and Town Counsel to be prepared prior to the filing of the Final Subdivision Plan.

[e]

Other. Any other method of open space ownership which accomplishes permanent preservation in accordance with the requirements of these Regulations and satisfactory to the Commission and Town Counsel.

(k)

Supporting facilities. Supporting facilities may contain non-residential buildings for accessory uses. Final determination of the nature, size, location, and intensity of such supporting facilities shall be at the discretion of the Commission after consideration whether such facilities are, in fact accessory to the development.

(l)

Other standards of these regulations. In addition to the foregoing standards, the Commission shall apply the standards set forth in Article III, §§ 340-5.1, 340-5.2, and Article XIII. Additionally, the Commission shall determine the applications compliance with the Marlborough Plan of Conservation and Development.

(m)

Permitted uses:

[1]

Design multiple residence. The development includes housing with common open space that may include recreational and supporting facilities for residents of the development.

[a]

The minimum land area per unit is 10,000 square feet with on-site sewage disposal.

[b]

The minimum land area per unit is 6,700 square feet with public sewer connection.

[c]

The maximum building coverage shall not exceed 25%.

[d]

The maximum lot coverage shall not exceed 50%.

[e]

The number of bedrooms per unit shall not exceed three.

[f]

There shall not be more than six units per building.

[2]

Adult living development. The development shall be restricted to a population where at least one tenant within each residential unit is 55 years or older and no tenant under the age of 18 years old. Persons who have been certified by the Social Security Administration as totally disabled under the age of fifty-five are eligible for residency.

[a]

The minimum land area per unit is 10,000 square feet with on-site sewage disposal.

[b]

The minimum land area per unit is 6,700 square feet with public sewer connection.

[c]

Units shall be designed to include or room to install in the future handicap features to accommodate the elderly such as door jam size, grab bars, etc.

[d]

No less than 10% of the units shall be wheelchair accessible.

[e]

No more than three bedrooms per unit.

[f]

The maximum building coverage shall not exceed 25%.

[g]

The maximum lot coverage shall not exceed 50%.

[3]

Planned residential recreational development. The development that includes residential units with commercial or non-commercial recreational facilities that may be private, semi-private, or public that include: equestrian center, golf course, nature centers, tennis centers, or swimming club.

[a]

The minimum land area per unit is 10,000 square feet with on-site sewage disposal.

[b]

The minimum land area per unit is 6,700 square feet with public sewer connection.

[c]

The maximum building coverage shall not exceed 25%.

[d]

The maximum lot coverage shall not exceed 50%.

[e]

The number of bedrooms per unit shall not exceed three.

[f]

There shall not be more than six units per building.

[g]

In a PRRD the Commission may permit up to 70% of the required open space may be utilized for active recreation use as further described below, "open space/recreation areas."

[h]

[4]

Open space/recreation areas. Open space areas with approval of the Commission may be used for, or as part of, the following commercial or non-commercial recreational uses tennis center, swim club, golf courses, equestrian complex, or nature centers.

[a]

Golf course. Areas of land laid out for golf with a series of nine or 18 holes each including tee, fairway, practice greens, driving ranges, and putting greens and natural and artificial playing hazards.

[b]

Equestrian complex. Areas of land laid out to feature horseback riding as a private and/or public facility. Areas can be designated as paddock areas, pastureland, training grounds, competition grounds, and bridle trails.

[c]

Nature centers. Areas of land laid out with a commitment to preserve or protect natural resources. Includes areas used for environmental education activities, trails open to the public, exhibits of local flaura and fauna, and wildlife attraction areas.

[d]

Swimming club. Areas of land laid out for the use of outdoor or indoor swimming pools. There shall be no lighting of outdoor swimming areas.

[e]

Tennis center. Areas of land laid out for the use for outdoor and/or indoor tennis courts. There shall be no lighting of outdoor tennis courts.

[5]

Supporting facilities. Supporting facilities may contain non-residential buildings for uses that include commercial entities. Final determination of the nature, size, location, and intensity of such supporting facilities shall be at the discretion of the Commission after consideration whether such facilities are, in fact accessory to the development.

[a]

Golf course. Include storage and equipment buildings, pro-shops, gift shops, clubhouse, and restaurants.

[b]

Equestrian complex. Include riding rings, stables, storage and equipment buildings, tack shop, gift shops, clubhouse and restaurant.

[c]

Nature centers. Educational buildings, museums, libraries, gift shops, bookstores, storage and equipment buildings, and restaurants.

[d]

Tennis center. Include storage and equipment buildings, pro-shops, gift shops, and clubhouse.

[e]

Swimming club. Include storage and equipment buildings, clubhouse.

(n)

Public hearings and action.

[1]

The Commission shall act in such a manner, and in accordance with such time limits, as are designated for changes of zone in accordance with Article XVI of these regulations and in accordance with the applicable provisions of the CGS § 8-7 as amended. In the event of conflict between the procedure set forth in these Regulations and the General Statutes, the latter shall prevail.

[2]

As an exercise of its legislative authority, the Commission may approve, approve with modifications, or deny any application to amend the Zoning Map to a Floating Zone. The Commission may also require that certain amenities, such as improved or natural open space areas or community facilities, be allocated to particular phases of the development so as to ensure that such amenities proceed apace with the other components of the development. The Commission may also require that each phase contain a minimum number or type of uses to assure that the initial phases, standing alone, will further the purposes of the Floating Zone as set forth in this § 340-6.6 and may require that certain buildings or certain uses within a phase receive building permits and be under construction before future phases may commence construction. In considering any petition to amend the Zoning Map to VCPC Floating Zone, the Commission shall determine the Master Plan and all other application materials are consistent with the standards and purposes of a VCPC Floating Zone set forth in this section; and, in addition, with those criteria set forth in § 340-5.3 of these Regulations that are applicable to the Master Plan level of detail. This reference to Article V shall not be construed to require plans or other materials at that level of detail required for a special permit application at the zone change and Master Plan approval stage.

(o)

Approval.

[1]

Upon approval of a Floating Zone, the Commission shall provide notice to the applicant and the public, as provided by the CGS, and shall cause the approved Floating Zone to be noted on the official zoning map of the Town of Marlborough by outlining the boundaries of the land affected thereby and indicating the approval date.

[2]

The applicant shall within 90 days of approval of any Floating Zone, record notice thereof in the Marlborough Land Records under the name of the record owner of land affected thereby, giving legal description of the land, and giving specific reference to approved plan(s) and map(s) and, further, the applicant shall record in the Marlborough Land Records a copy of the approved plan(s) and map(s), endorsed by the signature of the Commission's chairperson or secretary. The applicant may request from the Commission up to two ninety-day extensions of the filing period noted above.

[3]

No construction of any kind shall commence, nor any use be established, until a special permit is approved in accordance with Subsection E(3)(v) below.

(p)

Conformance to recorded documents. The land described shall be used and developed only in accordance with the recorded documents.

(q)

Amendment of approved floating zone. An application to alter or extend an approved Floating Zone or previously approved DMR application shall specify the nature of the planned alterations and/or extensions and shall be accompanied by a scale plan of the alterations and extensions in the same detail as is required for an initial application. Such application shall be processed in the same manner as a new application under this section.

(r)

Commencement and completion of construction. For any Floating Zone approved the construction of any buildings or structures, or the establishment of any use, shall be completed within three years of the effective date of such approval. The applicant may request up to two one year extensions from the Commission; in no case shall completion extend past five years from the original effective approval date. Any such approval not commenced or completed within the above time frame shall upon notice to the permit holder and property owner and given an opportunity to be heard become void and the Commission shall call the bond to complete the incomplete work. The Commission shall file a notice on the Land Records stating the approval has been voided for all incomplete work.

(s)

Bonds. The bond funds are to cover the actual construction, and completion of each approved phase of permitted activities in accordance with these Regulations, adjusted to include contingency and inflation factors not to exceed 10% of the bond amount.

[1]

Erosion and sediment control. Prior to filing the final mylar the applicant shall post an erosion and sediment control bond. The applicant shall submit an itemized cost breakdown for all erosion and sediment control devices and facilities as shown on the final site development plan to Town Staff for review and approval to determine the final bond amount. The final bond amount as determined by Town Staff shall include 10% contingency.

[2]

Public improvements to be conveyed to or controlled by the Town. Prior to filing the final mylar the applicant shall post a bond for public improvements. The applicant shall submit an itemized cost breakdown for all public improvements as shown on the final site development plan to Town Staff for review and approval to determine the final bond amount. The final bond amount as determined by Town Staff shall include 10% contingency.

[3]

Performance bond. Prior to the issuance of a certificate of occupancy for any building constructed in connection with an approved Floating Zone the applicant shall post a bond with surety and amount satisfactory to Town Staff and in a form that is satisfactory to the Commission and Town Counsel to ensure conformance with all proposed site improvements as depicted on the final site development plan. Site improvements include construction of streets and parking areas, landscaping, lighting, drainage, water supply, septic disposal, sidewalks, and the like. The applicant shall submit an itemized cost breakdown for all incomplete site improvements to Town Staff for review and approval to determine the final bond amount. The final bond amount as determined by Town Staff shall include a 10% contingency plus monitoring and inspection fee costs. If the project is proposed in phases each phase shall be treated as if it were its own application and bonded separately.

[4]

Bond form. The bond form shall either be cash, certified bank check, an irrevocable letter of credit from a Town approved banking institution, or an assigned joint account passbook from a Town approved banking institution with a signed withdrawal slip from the applicant. Should the applicant or owner fail to complete the work subject to the Bond the Commission may call the bond and utilize the funds to provide a stable site.

[5]

Bond release.

[a]

If the person posting a bond or surety under this section requests a release of all or a portion of such bond or surety, the Commission or its agent shall, not later than 65 days after receiving such request:

[i]

Release any such bond or surety or portion thereof, provided the Commission or its agent is reasonably satisfied that the modifications for which such bond or surety or portion thereof was posted have been completed, or

[ii]

Provide the person posting such bond or surety with a written explanation as to the additional modifications that must be completed before such bond or surety or portion thereof may be released.

[b]

Submittal of an A-2 as-built survey sealed by a Connecticut licensed land surveyor showing the completed permitted activities, is required prior to any final bond release.

(t)

Maintenance bond. The Commission shall require the applicant to post a bond for a period not to exceed one year from the date of completion of certain site improvements depending on the time of year such improvements have been installed.

(u)

Certificate of occupancy. No certificate of occupancy shall be issued until the application of the binder coat of asphalt and complete utility installation for that phase of construction is complete and found in compliance with the site development standards. Additionally, the applicant is to submit three sets of the as-built plan. In those cases where seasonal conditions prevent compliance with the provisions of the approval before the building is complete, the Zoning Enforcement Officer may authorize issuance of the certificate of occupancy after the submission of an as-built plan showing all site improvements complete to date. All bonded incomplete work shall be complete within a time frame that does not exceed one year from the date of issuance of the certificate of occupancy for that particular phase of construction and a final as-built plan submitted to the Commission for approval prior to release of the performance bond. Failure to complete the incomplete work within the specified time frame will result in the calling of the bond and may be cause for the revocation of the Floating Zone.

(v)

Relationship to Zoning Regulations; special permit review.

[1]

Master plan prevails. Unless provided otherwise in this § 340-6.6 uses within the VCPC Floating Zone shall be subject to all provisions and definitions of these Regulations. However, because the intent of the VCPC Floating Zone is to provide flexibility in design standards in order to achieve important design objectives as described herein, in cases of conflict with other provisions of these Regulations including the zoning definitions, the provisions of this § 340-6.6 shall prevail. Unless expressly prescribed by this § 340-6.6, all uses, dimensional, architectural, bulk, location, landscaping, parking, and lighting requirements for a Floating Zone shall be established by the Commission in its sole legislative discretion as part of an approved Master Plan for that zone, and the Commission may apply as written or may vary to meet the purposes of the Floating Zone all particular requirements of these Regulations pertaining thereto. The foregoing notwithstanding, nothing in this section shall be construed to prevent review under the requirements and criteria of Article V of these Regulations for any special permit application which review addresses a level of detail for that special permit application which was not addressed in the approval of the Floating Zone Floating Zone and its accompanying Master Plan and studies. Similarly, nothing in this section shall be construed to prevent such review for any elements of the special permit that differ from the approved Master Plan. The intent of this section is that any compliance issues which can be addressed at the level of detail afforded by the Master Plan shall not be revisited in the individual special permit applications filed in compliance with such Master Plan, while not precluding the Commission from examining the more detailed plans of the special permit application in conformance with the criteria of these Regulations that are appropriate to such detailed level of review.

[2]

Special permit review. Following approval of a Floating Zone, all applications for special permit approval for the structures and other improvements within such Plan shall be filed with the Commission pursuant to the following process:

[a]

Informal review. All applicants are encouraged to review all special permit applications with the Land Use Administrator on an informal basis prior to the filing of any application.

[b]

Application process:

[i]

Applications for special permit approval in a Floating Zone must be filed with the Commission and conform to Article V of these Regulations, except as provided otherwise in this § 340-6.6. Each proposed use, site plan, building or structure, and other component of the application shall include all structures and other improvements within the entire Master Plan or within a project phase as approved by the Commission as part of its approval of the Master Plan, and shall substantially conform to such Master Plan.

[ii]

The Commission shall conduct a public hearing on any application for special permit approval in accordance with the provisions of Article V.

[iii]

If any of the activities proposed in the special permit application are regulated by the Marlborough Inland Wetlands and Watercourses Agency (IWA) by authority granted by the Connecticut General Statutes, the Commission shall not render a decision on the application until the IWA has rendered a decision on the application to conduct such regulated activities.

[c]

Application requirements. All applicants for special permit approval shall provide the application materials required by Article V. The following additional information shall also be submitted.

[i]

Dedications to Town. Identification of all land and improvements intended to be dedicated to the Town of Marlborough;

[ii]

Statement of consistency with plans, studies and guidelines. A statement shall be provided demonstrating reasonable consistency with the following documents that were approved as part of the VCPC Floating Zone Floating Zone map amendment and identifying any deviations from the Master Plan and the reasons for such deviations.

[iii]

Permanent maintenance plan. The applicant shall submit a Permanent Maintenance Plan that establishes a yearly maintenance plan which establishes a schedule of maintenance activities to ensure the aesthetic quality and cleanliness of the site. The maintenance plan shall include, but not be limited to, a timetable for all maintenance activities with respect to private storm drainage systems, utilities and other infrastructure including, but not limited to, landscaping and screening, roads, parking areas, sidewalks, trails and berms, lighting, signage, storage, refuse and litter control, snow removal and other site amenities proposed in the plans. If the development is intended to be a common interest ownership community pursuant to the Common Interest Ownership Act (the "Act"), the applicant shall submit proposed language to be included in the Declaration of the community under the Act binding each unit owner and the unit owner's association to the requirements of the approved maintenance plan. If the development is intended to be something other than a common ownership community, the applicant shall submit a restrictive covenant and easement document which details maintenance responsibilities or another sufficient legal document which stipulates maintenance, covenants, and easement arrangements to the satisfaction of the Commission.

[d]

Approval considerations. In reviewing any proposed special permit, the Commission shall determine the following:

[i]

That the application is consistent with the criteria set forth in Article V, except as provided in the following subsection;

[ii]

That the application is reasonably consistent with the Master Plan and accompanying documents; and that the potable water and effluent disposal facilities described in § 340-6.6C(4) will be operational prior to the use or occupancy of any land, building, or structure A determination of reasonable consistency with the Master Plan shall constitute a conclusive presumption that the use, the location of a building, the square footage, height and size of a building, and the density of any residential use, are in compliance with the criteria of Article V. If, in its judgment, the Commission determines that changes have been made to the Master Plan, including without limitation the size, density, mix of uses, site layout, appearance, and/or design of the development that effect the application's fulfillment of the objectives of a Floating Zone, the application may be found not reasonably consistent with the Master Plan, which shall require the filing of an amendment to the Master Plan; and

[iii]

That designated affordable housing units are distributed throughout the proposed development, and have the same ratio of bedrooms and are comparable size of not less than 75% and quality to the market rate units, and

[iv]

That all other applicable provisions of the Marlborough Zoning Regulations have been satisfied, except as otherwise provided by this section and the Master Plan approved in accordance herewith.

[e]

Approval conditions. The Commission may approve, or approve with modifications, or deny any proposed special permit in order to achieve compliance with the Master Plan or the purposes of this section.

§ 340-6.7 Large lot conservation subdivision.

Purpose. To allow the development of parcels 30 acres and larger in a way that will allow a flexible approach to the subdivision of large residentially zoned parcels while assuring that significant natural and man-made resource areas within these large parcels will be conserved and protected. Specifically, this section is designed to further the following objectives:

(1)

To promote design flexibility in residential land development;

(2)

To promote development that is sensitive to site characteristics;

(3)

To preserve and provide land for open space, parkland and recreational purposes which contribute to the health, safety and general welfare of the residents of the Town of Marlborough. Such Open Space shall preserve land that will serve one or more of the following purposes: farmland, forest land, recreation areas, sensitive wetland and water course systems, scenic vistas, geologic formations, unusual topography, historic or pre-historic sites, wildlife areas and land that contains rare or unusual flora or fauna;

(4)

To encourage more creative and efficient site planning that will result in reduced expenditures for utilities, infrastructure, and maintenance costs;

(5)

To achieve the objectives of the Open Space and Recreation Plan and the Plan of Conservation and Development.

Large lot conservation subdivision plan standards.

(1)

Minimum parcel size: 30 acres.

(2)

Minimum lot size: Four acres/160,000 square feet.

(3)

Open space area: 50%.

(4)

The minimum buildable lot area requirement is waived.

(5)

Up to three interior lots may abut one another, but only if there is use of a common driveway to service the lots.

(6)

Common driveways can be constructed in the minimum required side yard after approval by the Planning Commission.

(7)

Along street frontage a common driveway that services no more than two street front lots and four interior lots is permitted.

(8)

No cul-de-sac in a large lot conservation subdivision plan shall be greater than 1,200 feet in length.

(9)

An applicant is not entitled to the maximum development density permitted by this section. The maximum density will be determined by the Planning Commission in evaluating the application compliance with the purpose and objectives of this Section and compliance with the Subdivision Regulations.

(10)

All large lot conservation subdivision plan developments shall be considered a subdivision, by definition, subject to all of the procedural and plan requirements of the Highway Construction and Design Standards.

(11)

Except where otherwise provided in this section all of the standards of the Subdivision and Zoning Regulations shall be satisfied.

Large lot conservation subdivision plan requirements.

(1)

As a result of the exemption from the minimum buildable lot area requirements and the large lot sizes permitted, building location and site design become critical elements in insuring compliance with the conservation and preservation intent of these Regulations. Therefore, the location of all individual driveways, dwellings units, subsurface sewage systems and wells shall be shown on the subdivision plan and become a part of the application approval. Construction will be limited to those designated areas.

(2)

In addition to such guidelines as may be contained in the Marlborough Subdivision Regulations, the Planning Commission shall, in its consideration of a large lot subdivision, require that lots be laid out, to the greatest extent feasible to achieve the following objectives (listed below in order of priority, as it is recognized that some may conflict with others on any given site):

(a)

Preserve and maintain existing forests, fields, pastures and other land in agricultural use and to preserve land mapped as Class I or farmland soils, together with sufficient buffer areas of not less than 50 feet, to minimize conflict between residential and agricultural use.

(b)

Diversity and originality in lot layout and individual building design to achieve the best possible relationship between development and the land.

(c)

There shall be the creation of contiguous open space corridors through the use of conservation easements and dedicated open space land.

(d)

The permanent open space areas shall be in accordance with Article VI of these Regulations, Open Space and Recreation Plan, and the Plan of Conservation and Development.

(e)

Provide for pedestrian access between properties and for a perimeter design concept intended to facilitate the networking of trails for pedestrian or equine use with other existing or future open space land to ensure recreational access to the public for resource land as provided for in the Subdivision Regulations.

(f)

Leave unblocked or uninterrupted scenic views and vistas, particularly as seen from public roads or public land.

(g)

Community wells and community septic systems may be permitted to encompass no more than 30% of the open space area.

(h)

The visual integrity of hilltops and ridge lines shall be maintained by siting development so that building silhouettes will be below the ridge line or, if the area is heavily wooded, the building silhouettes will be at least 10 feet lower than the average canopy height of the trees on the ridge line or hilltop.

(i)

Road cut/fills exceeding 45 feet, as measured form the centerline of the proposed road shall submit a landscape plan for the restoration of disturbance beyond the snow shell area.

(j)

Submission of a justification for the use of common driveways versus roads shall be submitted in developing Large Lot Conservation Subdivision Plans.

(k)

Low impact development practices shall be utilized in design.

Marlborough City Zoning Code

ARTICLE VI

§ 340-6.1 Uses permitted as of right.

§ 340-6.2 Zoning permit uses.

§ 340-6.3 Special permit uses.

§ 340-6.4 Residential height, area and yard requirements.

§ 340-6.5 Open Space Conservation Area Regulation (O.S.C.A.R.).

§ 340-6.6 Floating zones.

§ 340-6.7 Large lot conservation subdivision.