[Added 5-5-2011, effective 6-4-2011; amended 5-7-2015, effective
6-1-2015]
The purpose of this article 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 this chapter. This article 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.
A.
A village cluster residential subdivision shall be a special permit in accordance with § 340-5.1 of this chapter and the requirements of this Article VII and Article IX of this chapter, the review and approval of which special permit is delegated to the Planning Commission. The Planning Commission strongly encourages preapplication review of proposed village cluster residential subdivisions, in accordance with the procedure specified in § 340-6.6 of this chapter. 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
chapter, is an area covered by a deed restriction, covenant or other
legal restriction to prohibit further development. Noncommercial,
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 nonprofit 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 homeowners' 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 homeowners' 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, provided
each lot shall have one vote regardless of the numbers of owners of
a lot.
(2)
Nonprofit land trusts/corporation. Deeded to a nonprofit 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.
(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 C.G.S. § 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 this chapter and satisfactory to the Commission
and Town Counsel.
D.
Density. The minimum number of building lots shall be six 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.
Lot, yard and height requirements. For the purposes of this section,
the minimum buildable square required under Section 5.2.1 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
in proportional scale with the buildings to which such features are
affixed.
(5)
Maximum lot coverage: 60%.
(6)
Accessory structures' maximum area: 200 square feet per lot.
A.
Approval of a village cluster residential planned development shall be a special permit in accordance with § 340-5.1 of this chapter, in addition to the provisions of this § 340-7.3 and Article IX of this chapter. The Zoning Commission strongly encourages preapplication review of a proposed village cluster residential planned development, in accordance with the procedure specified in § 340-6.6 of this chapter. 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 subdistricts.
(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 10 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 chapter, is an area covered by a deed restriction, covenant
or other legal restriction to prohibit further development in order
to preserve land that is open and/or predominantly in its natural
state. Noncommercial, 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 nonprofit 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 homeowners' 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. 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.
(c)
Also, the homeowners' 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, provided each lot shall have one vote
regardless of the number of owners of a lot.
(2)
Nonprofit land trusts/corporation. Deeded to a nonprofit 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.
(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 C.G.S. § 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 this chapter and satisfactory to the Commission
and Town Counsel.
D.
Density. The minimum number of dwelling units shall not be less than
six per acre, and the maximum number of dwelling units shall not exceed
eight per acre.
E.
Design. This chapter 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
