This chapter or the Official Zoning Map may be amended or repealed as provided in this chapter either on the initiative of the Zoning Commission or by petition. The Commission is not required to hear any petition or petitions relating to the same changes, or substantially the same changes, more than once in a period of 12 months. The Zoning Commission may grant a rehearing if it finds, or facts are presented in writing, that a material change in the situation justifies this action in the interest of the public as well as the petitioner.
A. 
Application requirements.
(1) 
A fee to defray the cost of legal notice and publication of decision. This fee schedule is set annually by the Board of Selectmen. (See Appendix C for present fee schedule.[1])
[1]
Editor's Note: Appendix C is on file in the Town's office.
(2) 
A completed Zone Map amendment application.
(3) 
Submission of the application to the administrative official at least seven days prior to a regularly scheduled meeting.
(4) 
Five copies and one Mylar copy of a site plan at a scale of one inch equals 40 feet, which shall include the following:
(a) 
Title of development, date, North arrow, scale, key map scaled at one inch equals 800 feet, name and address of record owner and the professional preparing the site plan;
(b) 
The subject parcel and adjacent properties within 100 feet of the property lines of the subject parcel;
(c) 
Location and use of all existing structures;
(d) 
The existing contours of the land at five-foot intervals;
(e) 
Location of existing watercourses, marshes, wooded areas, ledges, outcrops;
(f) 
An overlay of the detailed soil survey of the Department of Agriculture Natural Resources Conservation Service, drawn at the scale of the site plan;
(g) 
The following approval block:
APPROVED
MARLBOROUGH ZONING COMMISSION
CHAIRMAN
SECRETARY
DATE
(5) 
In any petition for a Zone Map amendment, the Commission may require the submission of plans showing proposals for the development of the land involved in the change, including the location of buildings, streets, open space, and other such information as the Zoning Commission considers helpful to its decision.
(6) 
If a protest against a Zone Map amendment is filed with the Commission, the applicant shall submit a Class D survey that delineates all properties, any portion of which is within 500 feet of the subject site, with the names of the present property owners, area of the site, address of the property owner and a table that details this information. The survey shall be prepared by a land surveyor licensed in the State of Connecticut.
B. 
Application procedures.
(1) 
The Commission shall hold a public hearing within 65 days after receipt of an application. Copies of the application shall be submitted to the Marlborough Planning Commission for a report at least 35 days prior to the date assigned for the public hearing.
(2) 
If any portion of the proposed Zone Map amendment site is within 500 feet of the boundary of an adjoining municipality or a significant portion of the traffic to and from the completed project will use its streets or a significant portion of the sewer or drainage from the project will use and significantly affect the adjoining Town's sewerage or drainage system or water runoff from the improved site will affect the municipality's streets or property or private property within it, the Commission shall notify the affected municipality's town clerk of pending actions by certified mail within seven days of receiving an application.
(3) 
If any portion of the proposed Zone Map amendment site is within 500 feet of the boundary of another municipality located within the area of operation of a regional planning agency, the Commission shall give written notice of the proposal to the agency not later than 35 days before the date of the public hearing. The applicant shall permit the ZEO to erect a temporary sign advertising the public hearing on the property at least 10 days prior to the public hearing.
C. 
Exemptions. For any proposed amendment to the Zoning Map initiated by the Marlborough Zoning Commission, the requirements of Subsection A(1) and (4)(b) through (f) shall not apply.
D. 
Zoning Commission decision guidelines. In considering any application to amend the Zoning Map, the Commission shall ensure compliance with the following criteria:
(1) 
The application form and plans are complete and contain all required information.
(2) 
The amendment will promote the public's health, safety and general welfare.
(3) 
Consideration has been given to the following:
(a) 
The size, physical and environmental characteristics of the subject parcel.
(b) 
The character and supply of the land currently zoned in the proposed zone classification.
(c) 
The effect of the proposal on existing land use in the subject area.
(d) 
The general effect of the proposal on existing infrastructure capacities.
(e) 
Compliance with the Plan of Development for the Town.
E. 
Zoning Commission action.
(1) 
The Commission shall approve or deny all applications within 65 days of the date of the completion of the public hearing. Notice of the decision of the Commission shall be communicated to the applicant in writing within 15 days after such decision has been rendered and shall be published in a newspaper having a substantial circulation in the Town within 15 days after such action has been taken. The reasons for the action of the Commission shall be set forth in the minutes.
(2) 
Such Zone Map amendment shall be approved only by a majority vote of all members of the Commission, except as provided herein. If a protest against a Zone Map amendment is filed at or before a hearing with the Commission, signed by the owners of 20% or more of the area of the lots included in such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of 2/3 of all members of the Commission.
F. 
Filing with the Town Clerk. Upon approval, the Zone Map amendment shall be recorded by the applicant, at his expense, at the office of the Town Clerk. A Zone Map amendment shall become effective at such time as is fixed by the Commission, provided a copy of such map amendment has been filed in the office of the Town Clerk and notice of the decision of the Commission has been published in a newspaper having a substantial circulation in the Town. Any Zone Map amendment not so recorded within 90 days following its approval by the Commission shall become null and void.