Marlborough City Zoning Code
ARTICLE IX
Village Center District Regulations
§ 340-9.1 Purpose.
The purposes of the Village Center District (VCD) are to:
A.
Promote the Village Center as the economic and civic hub of Marlborough.
B.
Encourage mixed-use, compact and unified land development.
C.
Create a pedestrian-friendly environment, while providing convenient access to businesses.
D.
Provide for a variety of housing types at higher densities than allowed in other districts.
E.
Establish developments that evoke the feeling of a traditional New England village in design and architecture.
§ 340-9.2 Principles.
All development in the VCD shall be designed to comply with the following principles:
A.
Properties will be developed in such a way as to reduce the dominance of motor vehicles. A new street network within the Village Center will reduce highway orientation and promote traditional neighborhood-style development.
B.
Properties within the VCD will be linked to encourage physical activity and social interaction. A sidewalk system will extend throughout the Village Center District, and greenways along natural resource corridors will be created.
C.
Development will protect important natural resources, especially surface water and groundwater. All stormwater will be managed in accordance with best management practices and the Connecticut DEEP Water Quality Manual to minimize contamination risks.
D.
Buildings will be placed at or close to the edge of sidewalks and will provide pedestrian-scaled facades at street level to encourage walking. A mixture of uses will be provided within and among buildings to further promote pedestrian activity.
E.
Development will be coordinated to the greatest extent feasible to promote a unified form. Collaboration on development proposals will be encouraged, and infrastructure and streetscape improvements will be coordinated.
F.
Architecture will emphasize doorways, windows at street level, facade details and articulation at a scale that enhances the pedestrian environment.
§ 340-9.3 Subdistricts.
In order to organize land uses into neighborhood-type development, the VCD is further divided into the following subdistricts, each of which shall be deemed to be a zoning district but governed by those provisions of this chapter that are applicable to all Village Center Districts:
A.
VCDZ 1 - Commercial Core. This subdistrict serves as the commercial center of the village, and therefore allows the greatest mix of uses while enhancing those sites and uses to the greatest extent feasible.
B.
VCDZ 2 - Commercial Center. This subdistrict is intended to allow for the expansion of commercial uses in a scale and form that is compatible with existing uses.
C.
VCDZ 3 - Limited Institutional. This subdistrict encompasses the current Town Hall and a medical facility and is intended to continue to support institutional uses appropriately scaled to existing conditions.
D.
VCDZ 4 - Institutional. This subdistrict is intended for public institutional uses of a scale and nature that are compatible with existing institutions, including the elementary school, library, senior center and Congregational Church.
E.
VCDZ 5 - Residential. This subdistrict is intended to encourage residential development at a density that will help to support the adjacent commercial center and core and not typically allowed elsewhere in Marlborough.
§ 340-9.4 Permitted uses.
A.
Permitted uses in VCDZs are shown in Table 1, Permitted Uses. Any permitted use in the VCDZ shall require special permit approval, as specified in § 340-5.1 of this chapter. In VCDZ 1 and VCDZ 2, mixed uses are permitted.
B.
When the Commission approves a special permit use in any VCDZ, there shall be no change of any such use to a different use without further review in accordance with Article V of this chapter.
C.
Accessory uses are permitted in conjunction with the issuance of a special permit for the principal use, but only to the extent of the type, size and character of such accessory uses as may be specified in the special permit application and any amendment thereto.
Table 1 Permitted Uses | ||||||
|---|---|---|---|---|---|---|
Key: Y = Allowed by special permit unless otherwise indicated N = Not permitted | ||||||
VCDZ 1 | VCDZ 2 | VCDZ 3 | VCDZ 4 | VCDZ 5 | ||
Residential | ||||||
Multifamily garden apartments or quadruplex | N | N | N | N | Y | |
Village Center Residential Cluster Planned Development | N | N | N | N | Y | |
Village Center Residential Cluster Subdivision | N | N | N | N | Y | |
Mixed-use residential housing - upper stories only | Y | Y | N | N | Y | |
Minor home occupation - in accordance with § 340-6.2I | N | N | N | Y | Y | |
Commercial | ||||||
Business and professional offices | Y | Y | N | N | N | |
Retail sales and service establishments | Y | Y | N | N | N | |
Beauty salons and barbershops | Y | Y | N | N | N | |
Financial institutions | Y | Y | Y | N | N | |
Grocery stores | Y | Y | N | N | N | |
Convenience stores | Y | Y | N | N | N | |
Medical and dental clinics | Y | Y | Y | N | N | |
Restaurants and cafes | Y | Y | N | N | N | |
Fast-food restaurants | N | N | N | N | N | |
Bakeries | Y | Y | N | N | N | |
Laundry, dry cleaners - limited to pickup and delivery | Y | Y | N | N | N | |
Funeral homes | N | Y | Y | N | N | |
Athletic clubs | Y | Y | N | N | N | |
Inns and bed-and-breakfast operations | Y | Y | Y | N | N | |
Wholesale businesses, sales offices and sample rooms | N | Y | N | N | N | |
State-licensed child day-care center or group day-care homes | N | N | N | Y | N | |
Adult day care | N | N | N | Y | N | |
Alcohol liquor sales | Y | Y | N | N | N | |
Drive-through facilities - for bank or pharmacy use only; direct access to and from principal arterials prohibited | Y | Y | Y | N | N | |
Institutional | ||||||
Public utility installations needed for public convenience | Y | Y | Y | Y | Y | |
State and federal government buildings | Y | Y | Y | Y | N | |
Municipal facilities and uses | Y | Y | Y | Y | Y | |
Rest homes, convalescent homes and hospitals | N | Y | Y | Y | N | |
School/public bus shelters | Y | Y | Y | Y | Y | |
§ 340-9.5 Prohibited uses.
Any use not listed or designated as a permitted use in the VCD is expressly prohibited.
§ 340-9.6 Height, area and yard requirements.
A.
VCD 1, VCD 2, VCD 3 and VCD 4 Subdistricts.
(1)
Lot size: minimum 20,000 square feet.
(2)
Lot frontage: minimum 100 feet.
(3)
Required yard.
(a)
All buildings fronting principal arterials or collector streets (Route 66 and North and South Main Streets):
[1]
Front yard. Maximum of two feet from the edge of sidewalk or property line. The Commission may waive this requirement for restaurants designed with outdoor seating areas along the sidewalk or for office and residential buildings which may be separated from the sidewalk by a small landscaped or fenced area.
[2]
Side yards: minimum 15 feet.
[3]
Rear yard: minimum 25 feet.
[4]
Building separation: minimum 20 feet.
(b)
All buildings fronting local streets:
[1]
Front yard. Maximum 20 feet from the edge of sidewalk. The Commission may waive this requirement if architectural renderings or models of the existing and proposed streetscape for the project and surrounding properties are presented which clearly show a public benefit to the alternative building placement being proposed.
[2]
Side yards: minimum 15 feet.
[3]
Rear yard: minimum 25 feet.
[4]
Building separation: minimum 20 feet.
(4)
Maximum building ground-floor area: maximum 15,000 square feet per building. The Commission may permit up to a maximum of 25,000 square feet for any building where a shared parking agreement between abutting property owners is filed in the Town Land Records.
(6)
Height: maximum 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.
§ 340-9.7 Site design standards.
B.
Access management.
(1)
Entrances and exits to uses in the VCD shall be combined to the maximum extent possible. Access management methods, including the provision of common driveways or common accessways between adjoining lots, shall be provided upon all lots having access or frontage along principal arterial and collector streets.
(2)
Provisions shall be made for the vehicular and pedestrian interconnection of parking lots on adjacent parcels, where feasible and appropriate, to encourage shared parking arrangements and park-and-walk activity. Such interconnections shall be designed to minimize the potential for parking areas to be used as "shortcuts" by traffic. The property owners' rights to use and the obligation to maintain common driveways and parking lot interconnections shall be assured by a written dedication and/or agreement to be reviewed and approved by the Town Counsel and recorded in the Marlborough Land Records.
C.
Streets and sidewalks.
(1)
New streets in the VCD shall create short interconnected blocks. No culs-de-sac or dead-end streets are permitted. All new streets shall be constructed in compliance with the Town of Marlborough Highway Specifications for subdivisions. Pedestrian and bicycle facilities shall be considered in the design and function of all streets abutting or within proposed developments.
(2)
Sidewalks shall be provided on both sides of all streets within the VCD and within parking areas.
(3)
Sidewalks shall be constructed of concrete and be generally consistent throughout the Village Center District and in accordance with the Marlborough Town Center Stylebook, as may be amended. Sidewalks shall maintain a minimum width of six feet along principal arterial streets and a minimum width of five feet along collector and local streets.
(4)
Sidewalks along principal arterials and collector streets shall be separated from the curb by a buffer planting strip or ornamental paving strip a minimum of four feet wide. (See landscaping standards in Subsection E.) This buffer strip is also intended to accommodate site amenities, including items such as pedestrian streetlights, furniture, bike racks, waste receptacles and other similar items, which shall be generally consistent in design and materials throughout the Village Center District and in accordance with the Marlborough Town Center Stylebook, as may be amended. Developers are encouraged to provide appropriate amenities.
D.
Buildings.
(1)
Design. Buildings should be designed in the scale, size and quality of a traditional New England village. They must have a visual continuity with adjacent buildings that reflect such traditional designs and should be designed and use materials in accordance with the Marlborough Town Center Stylebook, as may be amended.
(2)
Facades. Buildings more than 60 feet in length shall be segmented into a series of smaller elements to avoid long unbroken facades. Distinct elements shall be achieved through a change in color, material or texture and a projection, recess, window, balcony, trellis or similar architectural feature. Two-story buildings must include upper-story articulation to reduce the bulky appearance of the structure.
(3)
Windows.
(a)
In order to provide visual interest and pedestrian activity, ground-floor facades that face principal arterials or collector streets shall be primarily transparent. Not more than six horizontal feet of wall facing principal arterials or collector streets shall be without a transparent window or door. A minimum of 50% of principal arterial or collector street-facing ground-floor facades, consisting of transparent entranceways, display windows, or windows from two to eight feet in height, is strongly encouraged. The bottom edge of such windows or display windows may not be more than three feet above the adjacent sidewalk.
(b)
All glass in doors and windows shall appear transparent. A minimum amount of tinting to achieve sun control is acceptable, provided the glass appears transparent from the outside.
(4)
Entrances. Primary entrances shall be highlighted by architectural elements, lighting and signage. The design should enhance the relationship between the building and sidewalk and emphasize the pedestrian scale.
(5)
Building services. Mechanical equipment shall be incorporated into the design of the structure and not visible from the public view. Loading docks, dumpster areas, and other building service facilities shall be incorporated into the architecture of the building and screened from public view.
E.
Landscaping.
(1)
Intent. The intent of this provision is to preserve and/or improve the natural character of the Village Center District, especially off-street parking areas and yard areas of commercial and mixed-use developments. Landscaping requirements are meant to achieve the following goals:
(a)
To provide natural visual screening of parking areas and along property boundaries between zoning districts to preserve the existing visual quality of adjacent lands.
(b)
To reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
(c)
To provide natural buffers that reduce glare and noise.
(d)
To moderate any adverse impacts of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural windbreaks.
(e)
To enhance the overall visual quality of new development by providing a variety of plant materials that are consistent and compatible with the existing natural vegetation of the area.
(2)
Street trees. Wherever feasible, existing street trees shall be retained and incorporated into the street design.
(a)
Spacing. Street trees are required on all existing and new streets. Street trees shall not be spaced less than 45 feet apart. Consideration shall be made for driveways, streetlights, utility poles, underground utilities, traffic-light poles and other obstructions. Consideration shall also be made for future placement of trees in front of adjacent properties.
(b)
Soils. Street trees planted near sidewalks shall require structural soils to help prevent root disturbance.
(c)
Species. Acceptable street tree species are provided in the Marlborough Town Center Stylebook, as may be amended.
(3)
Parking lot landscaping.
(a)
Low-impact development techniques, such as, but not limited to, depressed, infiltrating, landscaped islands are encouraged.
(b)
Shade tree species, with a minimum caliper of four inches, shall be planted in and around parking lots to reduce heating of paved surfaces.
(c)
A variety of native New England species shrubs, ground covers and perennials shall be provided in parking lot islands.
(4)
Stonewalls. Stonewalls shall be used in place of, or in combination with, fencing along boundary lines that can be viewed from the public right-of-way.
(5)
Hanging baskets, planters and window boxes. Planters shall not obstruct sight distances at street intersections or ingresses or egresses. Planters shall not encroach into the sidewalk so that less than five feet of passageway is available for pedestrians. Window boxes should be at least as wide as the window sill where they are located. They shall not encroach into the sidewalk. Hanging baskets, planters and window boxes shall contain live plantings.
§ 340-9.8 Floating zone.
Intent. In recognition of the desire for larger buildings for certain commercial uses, this section is intended to allow for such buildings under certain conditions in order to serve the community's needs while maintaining and enhancing the Village Center character.
A.
Floating zone.
(1)
Any owner of property in the VCDZ 1 that does front a principal arterial, as defined in the Plan of Conservation and Development, may apply to the Commission for a change of zone to the Village Center Planned Commercial Floating Zone (VCPC Floating Zone). For each such zone change approved by the Commission, the provisions of this Article IX applicable to the VCDZ 1 shall remain in effect, except § 340-9.6A shall not apply to said floating zone. In its place, the following standards, in addition to the plans, specifications, conditions, representations and other components of the zone change application and its accompanying master plan, as approved and/or modified and approved by the Commission, shall control in said VCPC Floating Zone.
(2)
For the purposes of this article, 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 article.
B.
Preapplication 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 preapplication basis, a draft preliminary master plan and drafts of other information required by this chapter. 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.
(2)
Neither the preapplication 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.
(3)
Information included.
(a)
At a minimum, the preliminary site development plan shall include enough detail to measure for the requirements of this chapter and to clearly present the proposal.
(b)
This preliminary plan shall be submitted with five copies of the plans, a description of the proposed uses and plans that include: 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(ies), 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.
C.
Formal application. In addition to the requirements of Article XVI of this chapter, 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(ies), and other common elements;
(f)
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 this chapter;
(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.
(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 one inch equals 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, showing 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; and
[5]
The architectural and site design guidelines, per the Marlborough Town Center Stylebook.
(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)
(Reserved)
(l)
Potential location of public transit connections or stops.
(m)
Public and private open spaces, both improved and natural, and the square footage or acreage thereof.
(n)
General locations of utilities and drainage facilities to serve the area to be rezoned.
(o)
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.
(p)
Proposed project phasing of residential and retail components, including phasing of public improvements and provisions to address construction traffic.
(q)
The location of all inland wetlands and watercourses as delineated by a certified soil scientist in Connecticut.
(r)
Any exposed area of ledge in excess of 200 square feet.
(s)
Identification of any known natural and/or cultural resources (i.e., stonewalls, foundations, archeological sites, etc.).
(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 C.G.S. § 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 C.G.S. § 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 this chapter.
(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 this chapter 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, watercourses 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, flagpoles, 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 C.G.S. § 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 C.G.S. § 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.
D.
Height, area and yard requirements.
(1)
Lot size: minimum 20,000 square feet.
(2)
Lot frontage: minimum 100 feet.
(3)
Required yard.
(a)
Front yard: maximum 20 feet from the edge of sidewalk. The Commission may waive this requirement if architectural renderings or models of the existing and proposed streetscape for the project and surrounding properties are presented which clearly show a public benefit to the alternative building placement being proposed.
(b)
Side yards: minimum 15 feet.
(c)
Rear yard: minimum 25 feet.
(d)
Building separation: minimum 20 feet.
(4)
Ground-floor area: maximum 40,000 square feet per building.
(5)
Impervious surface coverage: maximum 60%. The Commission may allow up to 70% for mixed-use developments or mixed-use buildings that share parking areas between all uses. Pervious surfaces are encouraged and shall count at a rate of 40% of their area towards maximum lot coverage.
(6)
Height: maximum 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.
E.
Public hearings and actions.
(1)
The Commission shall act in such manner and in accordance with such time limits as are designated for changes of zone in accordance with Article XVI of this chapter and in accordance with the applicable provisions of the General Statutes. In the event of conflict between the procedure set forth in this chapter and the Connecticut 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 VCPC 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 VCPC Floating Zone as set forth in this Article IX, 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 this chapter 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.
F.
Approval.
(1)
Upon approval of a VCPC Floating Zone, the Commission shall provide notice to the applicant and the public as provided by the C.G.S. 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 VCPC 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.
G.
Conformance to recorded documents. The land described shall be used and developed only in accordance with the recorded documents.
H.
Amendment of approved VCPC Floating Zone. An application to alter or extend an approved VCPC Floating Zone or previously approved DMR (Designed Multiple Residence) 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 article. The Commission may waive any of the application requirements contained in this section in the event of minor modifications for which such requirements are not necessary in the opinion of the Zoning Commission to adequately review and decide the application for modification.
I.
Commencement and completion of construction. For any VCPC 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, following notice and an opportunity to be heard by the applicant and owner, become void, and the Commission may 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.
J.
Performance bond.
(1)
The Commission shall require, prior to the commencement of any construction in connection with an approved VCPC Floating Zone, that the applicant post a bond with surety and amount satisfactory to the Commission and Town Counsel to insure 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 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 fifteen-percent contingency. If the project is proposed in phases, the Commission may permit each phase to be bonded separately. No phase may commence construction until a bond has been posted for such phase.
(2)
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. The Commission shall not release more than 75% of the original bond amount until all work is complete.
(3)
All bonds shall be for a three-year period, and any irrevocable letter of credit shall contain a ninety-day notice of nonrenewal. The applicant may request an extension of the bonding period from the Commission, not to exceed a period past five years from the original date of approval.
K.
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, in order to assure the repair or replacement of damaged or defective site improvements.
L.
Certificate of occupancy.
(1)
No certificate of zoning compliance shall be issued until the application of the binder coat of asphalt and complete utility installation for that phase of construction. 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 zoning compliance after the submission of an as-built plan showing all site improvements complete to date.
(2)
All bonded incomplete work shall be completed 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 revocation of the VCPC Floating Zone.
§ 340-9.9 Relationship to zoning regulations; special permit review.
A.
Master plan prevails. Unless provided otherwise in this Article IX, uses within the VCPC Floating Zone shall be subject to all provisions and definitions of this chapter. 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 this chapter, including the zoning definitions, the provisions of this Article IX shall prevail. Unless expressly prescribed by this Article IX, all uses, dimensional, architectural, bulk, location, landscaping, parking and lighting requirements for a VCPC 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 VCPC Floating Zone all particular requirements of this chapter pertaining thereto. The foregoing notwithstanding, nothing in this section shall be construed to prevent review under the requirements and criteria of Article V of this chapter 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 VCPC 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 this chapter that are appropriate to such detailed level of review.
B.
Special permit review. Following approval of an VCPC 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:
(1)
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.
(2)
Application process.
(a)
Applications for special permit approval in an VCPC Floating Zone must be filed with the Commission and conform to Article V of this chapter, except as provided otherwise in this Article IX. 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.
(b)
The Commission shall conduct a public hearing on any application for special permit approval in accordance with the provisions of Article V.
(c)
If any of the activities proposed in the special permit application are regulated by the Marlborough Inland Wetlands and Watercourses Agency (IWA)[1] 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.
[1]
Editor's Note: In the Town of Marlborough, the Conservation Commission acts as the Town's inland wetlands and watercourses agency.
(3)
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:
(a)
Dedications to Town. Identification of all land and improvements intended to be dedicated to the Town of Marlborough.
(b)
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 map amendment and identifying any deviations from the master plan and the reasons for such deviations.
(c)
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"),[2] 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 owners' 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.
[2]
Editor's Note: See C.G.S. Ch. 828, § 47-200 et seq.
(4)
Approval considerations. In reviewing any proposed special permit, the Commission shall determine the following:
(a)
That the application is consistent with the criteria set forth in Article V, except as provided in the following subsection.
(b)
That the application is reasonably consistent with the master plan and accompanying documents; and that the potable water and effluent disposal facilities described in § 340-9.8C(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 affect the application's fulfillment of the objectives of a VCPC 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.
(c)
That all other applicable provisions of the Marlborough Zoning Regulations in this chapter have been satisfied, except as otherwise provided by this section and the master plan approved in accordance herewith.
(5)
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 article.