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.
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.
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.
Any use not listed or designated as a permitted use in the VCD
is expressly prohibited.
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.
(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.