Marlborough City Zoning Code
ARTICLE VII
Village Center District Residential Regulations
§ 340-7.1 Intent.
The purpose of this section is to allow flexibility in the design of clustered residential development at the periphery of the Village Center, in Village Center District Zone 5 (VCDZ 5), as established in Article IX of these Regulations. This section is specifically designed to promote neighborhood-style development that is sensitive to site characteristics and preserves open space in a manner that is consistent with the purposes and principles of the Village Center District. Such development may occur through subdivision in accordance with the Village Cluster Residential Subdivision provisions of this section, or as a common-interest ownership planned development in accordance with the Village Cluster Residential Planned Development provisions of this section.
§ 340-7.2 Village cluster residential subdivision.
A.
A village cluster residential subdivision shall be a special permit in accordance with § 340-5.1 of these Regulations and the requirements of this Article VII and Article IX of these Regulations, the review and approval of which Special Permit is delegated to the Planning Commission. The Planning Commission strongly encourages pre-application review of proposed Village Cluster Residential Subdivisions, in accordance with the procedure specified in § 340-6.1 of these Regulations. As a condition to approving a village cluster residential subdivision, the Planning Commission must find one or more of the following specific purposes to be accomplished:
(1)
To preserve land as unsubdivided common open space that will preserve or enhance the appearance, character or natural beauty of the Village Center.
(2)
To conserve valuable natural resources.
(3)
To inhibit building on poor soils.
(4)
To preserve and protect particular areas and terrain having qualities of natural beauty or historical interest.
(5)
To construct single-family detached or duplex dwelling units in a pedestrian-friendly, neighborhood style.
B.
Eligibility. Any proposal for a village cluster residential subdivision must meet the following standards:
C.
Open space. A minimum of 20% of the land proposed for village cluster residential subdivision must be protected open space, the location of which is in conformance with the Village Center Land Use Enhancement Plan section of the Plan of Conservation and Development and approved by the Planning Commission. Open space for the purposes of this regulation is an area covered by a deed restriction, covenant, or other legal restriction to prohibit further development. Non-commercial, passive recreational uses may be permitted by the Planning Commission, provided such uses are not inconsistent or harmful to the restricted area. The Commission shall approve the ownership of the open space area and the provisions for its preservation. The Commission shall consider the following types of ownership acceptable.
(1)
Homeowners' association:
(a)
Held in common by a homeowners' 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.
(b)
The applicant's deed of said open space land to said association shall provide that if said homeowners' association is dissolved, the land shall automatically revert to the Town of Marlborough. The applicant's deed shall include all the proper development restrictions to assure the protection of the open space area, and that the property shall remain open to the public. 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.
(2)
Non-profit land trusts/corporation: At the option of the applicant, 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. The applicant shall provide written evidence that the non-profit land trust/corporation is willing to accept the open space.
(3)
Applicant ownership. Held in ownership by the applicant subject to a legally binding arrangement that will permit use of the open space land for public 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.
(4)
Town of Marlborough: Deeded in fee simple to the Town by warrantee deed acceptable to the Board of Selectmen, the Commission, and Town Counsel to be prepared, executed and filed prior to the filing of the final subdivision plan.
(5)
Other. Any other method of open space ownership which accomplishes permanent preservation and openness to public use in accordance with the requirements of these Regulations and satisfactory to the Commission and Town Counsel.
D.
Density. The minimum number of building lots shall be three per acre, and the maximum number of building lots shall not exceed eight per acre.
E.
Design. The Planning Commission shall, in its consideration of a village cluster residential subdivision, require that lots be laid out to the greatest extent feasible to achieve the following objectives:
(1)
Diversity and originality in lot configuration and individual building design shall be encouraged to achieve the best relationship between development and land.
(2)
Provide for pedestrian access between properties and facilitate the networking of trails and greenways within the larger Village Center District.
(3)
Create an efficient site design that reduces the need for site disturbance and impervious surface coverage.
(4)
Locate permanent open space in areas contiguous to existing open space or in areas with the highest probability of connecting with future open spaces. A fifty-foot open space buffer against existing residential development is desired.
F.
Affordable housing. Designate 15% of the units as affordable housing units in the development, including the number of units, income levels, term of deed restriction, and administrator.
G.
Lot, yard and height requirements. For the purposes of this section, the minimum buildable square required under § 415-5.2A of the Subdivision Regulations shall not apply; instead the following lot standards are required:
(1)
Minimum lot frontage: 50 feet.
(2)
Minimum lot size: 5,000 square feet.
(4)
Maximum building height: 35 feet. Cupolas, chimneys, stair towers, and other vertical architectural elements may exceed the maximum height provided such elements are integral to the building design and are on a proportional scale with the buildings to which such features are affixed.
(5)
Maximum lot coverage: 20%.
(6)
Maximum building coverage: 10%.
(7)
Accessory structures maximum area: 200 square feet per lot.
§ 340-7.3 Village cluster residential planned development.
A.
Approval of a village cluster residential planned development shall be a special permit in accordance with § 340-5.1 of these Regulations, in addition to the provisions of this § 340-7.3 and Article IX of these Regulations. The Zoning Commission strongly encourages pre-application review of proposed village cluster residential planned development, in accordance with the procedure specified in § 340-6.6 of these Regulations. As a condition to approving a village cluster residential planned development, the Zoning Commission must find one or more of the following specific purposes to be accomplished:
(1)
To preserve land as common open space that will preserve or enhance the appearance, character, or natural beauty of the Village Center.
(2)
To conserve valuable natural resources.
(3)
To inhibit building on poor soils.
(4)
To preserve and protect particular areas and terrain having qualities of natural beauty or historical interest.
(5)
To construct duplex, townhouse, or garden apartment dwelling units in a pedestrian-friendly, neighborhood style.
B.
Eligibility. Any proposal for a village cluster residential planned development must meet the following standards:
(1)
Located in VCD 5 Zoning Sub-districts.
(2)
Lots served by public sanitary sewer service.
(3)
Lots served by public water supply or state approved private water supply.
(4)
Development resulting in five or more dwelling units.
(5)
Development provides for common or public open space or conservation areas.
C.
Open space. A minimum of 20% of the land proposed for village cluster residential planned development must be protected open space, the location of which is in conformance with the "Village Center Land Use Enhancement Plan" section of the Plan of Conservation and Development and approved by the Zoning Commission. Open space for the purposes of this regulation is an area covered by a deed restriction, covenant or other legal restriction to prohibit further development in order to land that is open and/or predominantly in its natural state or land conveyed to the Town or the State for conservation purposes. Non-commercial, passive recreational uses may be permitted by the Planning Commission, provided such uses are not inconsistent or harmful to the restricted area. 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.
(1)
Homeowners' association:
(a)
Held in common by a homeowners' 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.
(b)
The applicant's deed of said open space land to said association shall provide that if said homeowners' association is dissolved, the land shall automatically revert to the TownThe applicant's deed shall include all the proper development restrictions to assure the protection of the open space area, and that the property shall remain open to the public.
(c)
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.
(2)
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. The applicant shall provide written evidence that the non-profit land trust/corporation is willing to accept the open space.
(3)
Applicant ownership. Held in ownership by the applicant subject to a legally binding arrangement that will permit use of the open space land for public 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.
(4)
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 site development plan.
(5)
Other. Any other method of open space ownership which accomplishes permanent preservation and openness to public use in accordance with the requirements of these Regulations and satisfactory to the Commission and Town Counsel.
D.
Density. The minimum number of dwelling units shall not be less than three per acre and the maximum number of dwelling units shall not exceed eight per acre.
E.
Design. This Regulation is intended to encourage diversity and originality in building and dwelling unit design that is in keeping with a New England Village Center style. The following design principles shall be satisfied:
(1)
Diversity and originality in building design shall be encouraged to achieve the best relationship between development and land.
(2)
Provide for pedestrian access between properties and facilitate the networking of trails and greenways within the larger Village Center District.
(3)
Create an efficient site design that reduces the need for site disturbance and impervious surface coverage.
(4)
Locate permanent open space in areas contiguous to existing open space or in areas with the highest probability of connecting with future open spaces. A fifty-foot open space buffer against existing residential development is desired.
F.
Lot, yard and height requirements.
(1)
Minimum lot frontage: 75 feet.
(2)
Minimum buffer area from adjacent uses: 15 feet.
(3)
Maximum building height: 35 feet. Cupolas, chimneys, stair towers, and other vertical architectural elements may exceed the maximum height provided such elements are integral to the building design and are in proportional scale with the buildings to which such features are affixed.
(4)
Minimum building separation: 20 feet.
(5)
Maximum building ground floor area: 15,000 square feet per building.
(6)
Maximum lot coverage: 40%* (*Excluding area of internal sidewalks – those not in the public right-of-way).
(7)
Accessory structure maximum area: 200 square feet per unit.
G.
Affordable housing. Designate 15% of the units as affordable housing units in the development, including the number of units, income levels, term of deed restriction, and administrator.