[Amended 5-7-2015, effective 6-1-2015]
The following uses are permitted as of right, subject to the
requirements and standards set forth herein:
A.
Residential parking and garaging.
(1)
The total combined garaging facilities in connection with a
single-family dwelling shall not exceed the number of bedrooms and
shall not exceed 1,200 square feet in area. The Commission may issue
a special permit to permit the construction of more garage space than
the maximum herein allowed.
(2)
Not more than one unregistered motor vehicle or piece of unregistered
recreational equipment may be parked outside a garage, and such parking
shall only be permitted to the rear of the principal residence and
not within any side or rear yard setback area.
(3)
Not more than one commercial vehicle with two axles for each
single-family dwelling may be habitually parked or garaged on a lot,
and it shall be stored in an enclosed structure or to the rear of
the principal building and shall not be stored in any side or rear
yard setback area. No vehicle containing construction debris, hazardous
waste, septic waste, or garbage may be parked on a residential lot.
Vehicles stored with a gross vehicle weight in excess of 11,000 pounds
are only permitted after the issuance of a special permit by the Commission.
(4)
All recreation vehicles shall be stored to the rear of the principal
residence or garaged and shall not be located within the side- or
rear-yard setback areas. Not more than two recreational vehicles shall
be stored outside on any lot. No recreation vehicle shall be used
for living or business purposes while parked on the lot. Said vehicles
are to be owned or leased by the owner of the property or a tenant
of the premises. No recreation vehicle parked or stored shall exceed
40 feet in length and occupy an area greater than 400 square feet.
B.
Personal business office. Offices for nonresidential purposes are
permitted by occupants of a home where:
(1)
No business is conducted from the premises except by mail, telephone
or other electronic devices.
(2)
No persons other than members of the household are employed.
(3)
No pedestrian or automobile traffic other than that associated
with a typical residential property.
(4)
No external evidence of the business is permitted, including
the displaying of a sign.
(5)
No hazardous materials other than those common to a single-family
residential use, such as fuel associated with on-site heating, are
stored, used or disposed of on the property.
C.
Rear lots (see Appendix B[1]). Rear lots are permitted, provided the following conditions
are met:
(1)
The fee-simple access strip shall not be less than 50 feet in
width from an accepted Town road, approved private road, or a proposed
Town or private road in an approved subdivision.
(2)
Ten-foot side yards shall be maintained along the access strip.
(3)
Frontage for a rear lot is 50 feet, and each rear lot must be
separated by at least one full building lot with the required frontage
except on the arc of a cul-de-sac or dead-end, where a double rear
lot configuration is permitted.
(4)
The lot line from which the access strip of the lot originates
shall be considered the frontage of the rear lot.
(5)
The access strip shall not be used in computing minimum lot
size requirements.
(6)
The lot shall consist of a minimum of three acres (120,000 square
feet).
[1]
Editor's Note: Appendix B is on file in the Town's office.
D.
Garage sales and tag sales:
(1)
Sales last for not more than three days.
(2)
Sales are held not more than three times yearly and shall not
be held more frequently than 60 days apart.
(3)
Sales are conducted on the owner's property.
(4)
No goods purchased for resale may be offered for sale.
(5)
No goods shall be located within a street right-of-way.
(6)
All goods not sold must be removed from outside within 24 hours
of the end of the event.
E.
The following specific types of group residences, pursuant to § 8-3e
of C.G.S. Chapter 124, as amended:
F.
The keeping of animals, bees, bird, poultry, fowl, dogs, cats, fish,
rabbits and other small domesticated animals for personal use of a
noncommercial nature, provided the following standards are met:
(1)
Poultry and fowl shall only be kept to the rear of the principal
residence and not within the required side- or rear-yard setback areas.
All structures housing poultry and fowl shall be located 50 feet from
all property lines. No more than 24 rabbits, fowl or poultry may be
kept. Poultry and fowl shall be kept in a manner so as to minimize
noise and its effect on abutting properties.
(2)
Fencing must be installed and maintained to contain the poultry
and fowl within the property outside of the required yard setback
areas.
(3)
No more than six beehives shall be kept on a property. No beehive
shall exceed 12 square feet.
(4)
No more than six dogs or cats shall be kept on a property except
for a property with an approved kennel permit issued by the Commission.
The following uses are permitted, after the issuance of a zoning
permit by the ZEO, subject to the requirements and standards set forth
herein:
A.
Single-family detached dwellings.
B.
Farms, provided that:
(1)
The storage of fertilizer and manure shall be located at least
75 feet from any lot line.
(2)
Fencing must be installed and maintained to contain livestock
and poultry within the property.
(3)
Farms are exempt from all of the accessory building requirements
of this chapter relating to the size of structures used for farming
purposes, and the height of these structures is permitted to be 40
feet (excludes residential buildings), except that any building that
is accessory to a farm shall not be located closer than 50 feet to
any property line. All accessory buildings must be directly related
to the farming operation.
(4)
Farms are exempt from the garaging requirements of this chapter.
(5)
There must be a minimum of five contiguous acres dedicated to
the farm operation.
C.
Accessory buildings, structures and uses, provided that:
(1)
No permanent accessory building or structure shall be constructed
on any lot prior to the time of construction of the principal building
to which it is an accessory.
(2)
No portion of any accessory building or structure shall be located
closer to the front property line than any portion of the principal
building on any lot; except when a principal building is set back
more than 100 feet from the front property line, an accessory building
may be located 25 feet in front of the principal building.
(3)
No accessory building or structure shall exceed 24 feet in height.
A cupola or ornamental structure may extend an additional three feet
in height.
(4)
The accessory buildings shall not exceed 50% of the floor area
of the existing principal building without a special permit approval
from the Commission.
(5)
The building and structures shall conform to all other requirements
of the district in which they are located.
(6)
Any accessory building connected by a heated room no more than
15 feet or that shares at least at least 25% of a common wall with
the principal building shall not be considered an accessory building.
D.
The keeping of livestock on residential lots, excluding farms, may
be permitted for personal use, provided the following standards are
met:
(1)
The owner of the land on which the animals are to be kept shall
submit the following information:
(a)
A plan or drawings showing the boundary of the property on which
the animals are to be kept.
(b)
The location of the existing on-site structures and on-site
wells and septic systems.
(c)
The location and dimensions of the proposed animal shelter,
exercise area and the techniques to be used to contain the animals
on the property.
(d)
The location of manure stockpile areas.
(e)
The number and type of animals to be kept.
(f)
The location of all wetlands and watercourses.
(2)
The ZEO shall determine that all of the following standards
are satisfied prior to the issuance of a zoning permit for the keeping
of livestock on residential properties:
(a)
There shall be 1 1/4 acres as the minimum lot size for
the first equine, cow or llama or other similar animal, as determined
by the ZEO, being kept and 1/2 acre for each additional horse, cow
or llama or other similar animal.
(b)
There shall be one acre as the minimum lot size for the first
two goats, sheep or swine being kept and 1/4 acre for each additional
goat, sheep or swine.
(c)
For any combination of livestock being kept, the minimum requirements
for equines, cows or llamas shall be considered as primary. For example,
an owner of two equines and three sheep would require a minimum lot
size of three acres.
(d)
Each animal shall be provided with a minimum three-sided enclosed
shelter that shall provide protection from the elements in the minimum
amount of 75 square feet per equine, cow, llama or other similar animal
and 25 square feet per goat or sheep or other similar animal.
(e)
Each large animal, such as equine and cows, shall be provided
with a fenced exterior exercise area in the minimum amount of 1,000
square feet for each animal.
(f)
Animals shall not be kept directly over any subsurface sewage
disposal systems.
(g)
Animals shall be kept on relatively level well-drained land.
To this end, animals shall not be kept in areas that contain wetlands
or that have poor drainage characteristics, as defined by the NRCS.
(h)
Fencing must be installed and maintained to contain the livestock
within the property outside all required setback areas.
(i)
All structures, including riding rings, must conform to area
and yard requirements of the particular residential zone. In addition,
storage areas for manure may not be located within 75 feet of any
property line, dwelling unit, well, wetland or watercourse.
(j)
The use of temporary buildings or trailers for the stabling
of livestock in excess of 30 days is prohibited. There shall be no
storage of supplies outside of permanent buildings.
(k)
No animals are to be kept for commercial purposes.
(l)
No animals shall be sheltered in the minimum required front
yard.
E.
School/public bus shelters shall not be located closer than 10 feet
from the curbline of any street and shall not be larger than 100 square
feet in size.
F.
Swimming pools. No portion of any swimming (aboveground/inground)
pool or its deck or platform shall be located closer than 25 feet
to any side yard, and no swimming pool shall be located in front of
any portion of the principal building.
G.
Accessory dwelling units.
(1)
Accessory dwelling units, subject to the following requirements:
(a)
The owner of the property must reside on the premises.
(b)
Only one accessory dwelling unit may be permitted on a building
lot.
(c)
The applicant shall provide certification from a registered
professional engineer licensed in the State of Connecticut that indicates
that the principal and accessory dwelling units meet or exceed all
code requirements for the use of private water and septic systems.
(d)
The accessory dwelling unit shall contain not more than two
bedrooms.
(2)
The accessory dwelling unit shall be a minimum of 500 square
feet of floor area and shall not exceed 35% of the living area of
the dwelling or 1,200 square feet of floor area, whichever is less.
(a)
Any alterations or additions, including exterior entrances,
shall maintain the single-family character of a building; to this
end, all additional doorways shall not be visible from the street.
(b)
Separate means of access shall be provided if the accessory
dwelling unit is located within a basement.
(c)
Any exterior stairway required to provide access to the accessory
dwelling unit located on a second floor shall be constructed to the
rear of the structure and shall be enclosed with a permanent roof
and walls.
(d)
The construction of an additional driveway to service the accessory
dwelling unit shall not be permitted.
H.
Roadside stand: roadside stands of temporary construction, which
are readily removable, used for the sale of agricultural or horticultural
products such as fruits, vegetables, flowers, etc. Such stands erected
shall be set back a minimum of 15 feet from the street line and not
exceed 300 square feet and must be removed at the end of the normal
growing season of the product(s) raised.
I.
Home occupations. Any home occupation which is customarily carried
on for compensation by a professional person, such as a physician,
dentist, engineer, attorney, architect, accountant, artist, musician,
tutor or similar use, subject to the following conditions:
(1)
The home occupation is clearly secondary to the use of the dwelling
for dwelling purposes.
(2)
No more than 25% of the gross floor area of the dwelling can
be dedicated to the home occupation.
(3)
The home occupation does not create objectionable noise, odor,
lighting, vibrations and unsightly conditions noticeable off the premises
or objectionable, excessive pedestrian or vehicular traffic in the
neighborhood.
(4)
No more than two persons other than members of the household
are employed.
(5)
The home occupation shall permit occasional visits by clients
or patrons (generally not more than a total of six per day) to render
or receive services.
(6)
If there are outside employees or client visits, two additional
parking spaces must be provided.
(7)
Not more than one commercial vehicle associated with the home
occupation may be stored on the lot.
(8)
There shall be no external evidence of the home occupation so as to change the residential character of the dwelling, such as the outdoor storage and display of materials and product, except for the sign as permitted in Article XIII.
(9)
The home occupation shall be operated by the landowner of the
property, who must reside on the property.
(10)
The following are prohibited as home occupation uses: beauty
shops, bakeries, animal hospitals, dance studios, real estate offices,
restaurants, and automobile repair shops.
(11)
No more than one home occupation shall be permitted within any
single dwelling unit. The home occupation shall be carried on entirely
within the dwelling unit or within a completely enclosed accessory
building on the same lot as the dwelling unit.
A.
Major home occupation. A home occupation where such business use does not comply with the requirements of § 340-6.1B (home office) or § 340-6.2I (minor home occupation), provided that:
(1)
The area devoted to such accessory use (including storage of
any supplies or materials) shall not exceed 50% of the total square
footage of the dwelling (exclusive of garage, attic and basement);
and
(2)
The accessory use shall:
(a)
Clearly be incidental and secondary to the use of the dwelling
for living purposes;
(b)
Not change the exterior residential appearance or character
of the building or be noticeable from the exterior of the building;
(c)
Not materially change the traffic characteristics of the neighborhood;
(d)
Not have any outside storage or display of merchandise, equipment
or machinery relative to the use;
(e)
Not include the keeping of stock-in-trade nor the sale or rental
of any goods not produced within the premises;
(f)
Not involve the display of signs or products in, on or about
the premises, except for a sign as permitted by this chapter;
(g)
Not involve retail sales at the premises; and
(h)
Provide adequate parking areas for residents, employees or the
general public.
B.
Private art galleries and museums, schools and libraries.
C.
Boarding schools or boarding camps, subject to the following conditions:
(1)
The area of property shall be equal to 1/5 acre for each person,
including employees, residing therein.
(2)
Each structure shall be located not less than 50 feet from any
other structure and not less than 75 feet from any street line.
(3)
No parking area shall be nearer than 50 feet from any side or
rear property line.
(4)
Vehicular access shall not be within 100 feet of any adjoining
property line.
(5)
The minimum lot size shall be 20 acres.
D.
Tourist homes, bed-and-breakfast operations and inns with accommodations
for not more than eight people:
(1)
The owner of the principal dwelling and lot shall reside on
the property housing the bed-and-breakfast.
(2)
No more than four guest rooms rated for double occupancy are
permitted in the structure for business use.
(3)
The Town Sanitarian/Director of Health shall approve the subsurface
sewage disposal system.
(4)
Complete bathrooms shall be provided at the rate of one bathroom
for every two guest bedrooms.
(5)
The maximum length of stay shall be 14 consecutive days per
guest and a maximum stay of 60 days in one calendar year.
(6)
Food service shall be limited to breakfast.
(7)
A floor plan showing the layout of the facility shall be submitted
and approved by the Building Official and Fire Marshal.
(9)
All parking areas shall be landscaped and buffer the neighboring
properties and street.
(10)
Minimum lot size of four acres.
E.
The following specific types of group residences, pursuant to § 8-3e
of C.G.S. Chapter 124, as amended:
(1)
Community residences for six or more children with mental or
physical disabilities.
(2)
Community residences for six or more developmentally disabled
persons.
(3)
Community residences for six or more persons receiving mental
health or addiction services.
(4)
Off-street parking shall be provided at the rate of one parking
space for every licensed driver plus three parking spaces for visitors.
F.
Public utility installation needed for public convenience and necessity.
G.
State and federal government buildings.
H.
Municipal facilities and uses.
I.
Churches, synagogues and other places of worship.
J.
Cemeteries.
K.
Nurseries and greenhouses.
L.
State-licensed child day-care center or group day-care homes.
M.
Riding academies, livery and boarding stables, rental stables and
private club riding stables, subject to the following requirements
and standards:
(1)
The lot shall consist of a minimum of five acres of suitably
drained land.
(2)
Fencing shall be installed and maintained to contain the equines
within the property.
(3)
The use of temporary buildings or trailers for the stabling
of equines for more than 30 days is prohibited. There shall be no
storage of supplies outside of permanent buildings.
(4)
No building, riding ring or corral used in conjunction with
the operation shall be located in such a manner that any part thereof
shall be less than 100 feet from any property line. In addition, storage
areas for manure shall be visually screened and may not be located
within 75 feet of any property line, dwelling unit, well, wetland
or watercourse.
(5)
All public events such as competitions, performances and shows
shall require a separate special permit for each such event.
(6)
There shall be no external lighting of any outdoor riding area.
N.
Commercial kennels.
(1)
The lot shall consist of a minimum of three acres (120,000 square
feet).
(2)
All animals shall be confined within an enclosed structure,
including the runs, and such structures shall be located at least
100 feet from a street line and 100 feet from a property line. The
Commission may increase these setback requirements by 100 feet when
the adjoining properties are residentially zoned.
(3)
All exercise areas shall be screened from view with vegetation
and/or fencing and shall not exceed 1,000 square feet per animal.
O.
Outdoor recreational uses. Public, semipublic and private country
clubs, golf courses, nature centers, parks, playgrounds, swim clubs,
tennis centers, fishing/hunting clubs, including customary accessory
buildings and uses.
P.
Veterinarian clinic.
Q.
Aircraft landing fields, heliports, private landing fields and hangers,
subject to prerequisites of state and federal aviation regulations
and standards.
R.
Use of an accessory building for dwelling.
(1)
The owner of the property must reside on the premises.
(2)
Only one accessory dwelling unit may be permitted on a building
lot.
(3)
The applicant shall provide certification from a professional
engineer licensed in the State of Connecticut that indicates that
the principal and accessory dwelling units meet or exceed all code
requirements for the use of private water and septic systems.
(4)
The accessory dwelling unit shall contain not more than two
bedrooms.
(6)
The accessory dwelling unit shall be a minimum of 500 square
feet of floor area and shall not exceed 35% of the living area or
1,200 square feet of the floor area, whichever is less. In no case
shall the accessory apartment occupy more than 40% of the accessory
building.
(7)
The construction of an additional driveway to service the accessory
dwelling unit shall not be permitted.
(8)
Any exterior stairway required to provide access to the accessory
dwelling unit located on a second floor shall be constructed to the
rear of the structure and shall be enclosed with a permanent roof
and walls.
S.
Shop and storage by contractor and building tradesmen, such as contractors,
electricians, plumbers, painters and similar occupations; provided,
however:
(1)
No such use may occupy an area within the principal dwelling,
accessory building, or both, greater than 50% of the living area of
the principal dwelling.
(2)
Any such use must be conducted by a resident of the premises
and shall be incidental to the work of such tradesman off the premises.
(3)
No more than two employees shall park on site.
(4)
Any accessory building utilized for storage shall be set back
25 feet from the side-yard line and comply with the rear-yard setback.
(5)
Two hundred square feet of screened outside storage area is
permitted.
T.
Yard maintenance services.
(1)
All storage and maintenance of tools and equipment must be inside
a building.
(2)
All storage and maintenance of any products, including, but
not limited to, fertilizer, lime, mulch and the like, must be stored
within an enclosed building or a watertight container.
(3)
Only one commercial vehicle may be stored outside and may not
occupy an area greater than 300 square feet; and no more than two
commercial vehicles may be stored within an enclosed building.
(4)
Only one trailer may be stored outside of an enclosed building
to the rear of the principal dwelling and shall not be located in
a side-yard setback area or within 35 feet of the rear property line.
There shall be no advertising display on the trailer.
(5)
No material from job sites shall be brought onto the property.
U.
Congregate living, convalescent/nursing homes.
V.
Farm winery and vineyard.
[Added 3-3-2016]
(1)
Purpose. In order to allow for diversity and sustainability
of agricultural uses and to preserve farm activity in Marlborough,
this subsection is intended to allow for the use of farm land as a
normal part of a farm winery and vineyard use and, therefore, allowed
by special permit. Such farm wineries are permitted to have certain
complementary uses that will help create a viable agricultural endeavor.
All winery activities associated with the manufacture, storage, bottling,
production, distribution or sale of wine and spirits shall be in accordance
with all state and federal laws or regulations governing such activities.
(2)
Minimum bulk requirements. A farm winery and vineyard shall
be located on a lot or lots having a minimum aggregate area of 10
acres under single ownership and management. The primary lot must
maintain a minimum of five acres of planted vineyard area prior to
the issuance of a certificate of occupancy for the farm winery in
accordance with Article 12 of these regulations.
(3)
Operations standards.
(a)
The farm winery permittee shall comply with the percentage of
the products produced on the premises, and the percentage of wine
and winery by-products made from grapes or other fruit grown on and
off the premises shall be in accordance with the laws of the State
of Connecticut and the regulations for a farm winery liquor permit
from the Connecticut Liquor Control Commission. Additionally, at least
25% of the fruit used in the manufacturing of the farm winery permittee's
wine or brandy shall be grown in the State of Connecticut.
(b)
An average crop shall be defined each year as the average yield
of the farm winery permittee's two largest annual crops out of
the preceding five years, except that during the first seven years
from the date of issuance of a farm winery permit hereunder, an average
crop shall be defined as three tons of grapes for each acre of vineyard
farmed by the farm winery permittee.
(c)
The owner of the farm winery shall keep records detailing the
amount of fruit grown on the premises and the amount of fruit and/or
juice imported from off premises to determine compliance.
(4)
Permitted uses. The following uses are permitted as accessory
to a farm winery and vineyard, if authorized by special permit:
(a)
Farm winery. This use includes the commercial making of wine
and winery by-products in a designated farm winery and vineyard premises.
(b)
Retail sale of wine and tasting room; public events.
[1]
A building or a portion of a building located on the farm vineyard
may be established for the sale of wine and winery by-products by
the glass, bottle or barrel and related winery distilled products,
and offering of samples of such wine or brandy to visitors and prospective
retail customers of such wine and brandy for consumption on the premises
of the farm winery permittee. The percentage of the products produced
on the premises and the percentage of wine and winery by-products
made from grapes or other fruit grown on the premises shall be in
accordance with the laws of the State of Connecticut and the regulations
for a farm winery liquor permit from the Connecticut Liquor Control
Commission and the Department of Consumer Protection. Said area may
include the retail sale of wine and spirits featured as products produced
at the farm winery and the tasting of wine products produced on the
premises.
[2]
Activities allowed in a wine retail and tasting room include artist receptions and artist exhibitions, music entertainment, wine-related seminars, wine-related meetings and wine tastings held within the tasting room, provided that all such activities shall be located within the tasting room building. In addition, the winery operator may have no more than 10 public events per year for the promotion of the winery and its products. The winery/vineyard operator shall submit written notification of a public event to the Zoning Enforcement Officer; such notification shall be made at least 14 days prior to such a public event. No such public event shall begin earlier than 10:00 a.m. nor end later than the hours specified below in Subsection V(4)(e).
[3]
Indoor retail sales and food service areas shall occupy no more
than 25% of the floor area devoted to wine, mead or cider processing
and storage, or no more than 4,000 square feet, whichever is less/more.
[4]
The sales volume of wine or brandy not manufactured in such
winery shall not exceed 25% of sales of other winery establishments'
alcoholic products.
(c)
Winery retail store. The farm winery and vineyard may include
the accessory sale of vineyard and wine-related goods to the general
public, including wine-related food products, locally produced products,
dry goods, decorations, household goods and furnishings. The area
of retail sales must be located within or contiguous to the wine tasting
area, and shall be no greater than the total floor area dedicated
to the wine retail and tasting room described in the preceding subsection.
The normal hours of a winery retail store and tasting room shall be
Monday through Thursday, 10:00 a.m. to 8:00 p.m., Friday and Saturday
10:00 a.m. to 10:00 p.m., and Sunday 11:00 a.m. to 8:00 p.m. (except
for the extended hours for aforementioned public events).
(d)
Outdoor patio or porch areas.
[1]
Appurtenant to retail sale of wine and tasting room. Outdoor patios or porches may be allowed as an appurtenance to the retail sale of wine and tasting room but shall not exceed 50% of the floor area of the wine retail and tasting rooms. Any such patio or porch area shall be part of, and attached to, said wine retail and tasting room and must be enclosed by a gate, fence or structure, so as to maintain their separation. There shall be no amplified music or other amplification of sound on the patio or porch. The hours of the patio or porch shall be no greater than the hours of the retail sale of wine and tasting room as set forth in Subsection V(4)(c) above.
[2]
Appurtenant to indoor private function room. Outdoor patios or porches may be allowed as appurtenant to the indoor private function room described in Subsection V(4)(e) below but shall not exceed 50% of the floor area of such indoor private function room. Any such patio or porch area shall be part of, and attached to, said indoor private function room and must be enclosed by a gate, fence or structure, so as to maintain their separation. There shall be no amplified music or other amplification of sound on the patio or porch. The hours of the patio or porch shall be no greater than the hours of the indoor private function room as set forth in Subsection V(4)(e) below.
(e)
Indoor or outdoor private functions. A designated indoor or
outdoor private function room or area may be approved, provided that:
[1]
Such functions shall not be open to the public, but shall be
invitation only events, such as weddings, corporate functions, bar/bat
mitzvahs, and similar celebrations. No more than two such events shall
be held per week and a maximum of 52 private functions can be held
per calendar year. The Commission can lower the maximum private functions
allowed per year during the special exception application if the Commission
determines such private functions are likely to have potential impact
on adjacent residential areas. The winery/vineyard operator shall
submit written notification of the private function to the Zoning
Enforcement Officer at least 14 days prior to such a private function.
[2]
Shall not occupy more than 5,000 square feet of gross floor
area, including tents or other temporary shelters.
[3]
The Commission may approve a maximum occupancy of up to 200
persons at both the indoor and outdoor event areas. This number shall
be in addition to the maximum occupancy of the retail sale of wine
and tasting room of 75 persons, as set forth above.
[4]
The outdoor function area shall be readily accessible from the
principal farm winery and vineyard building, and outside tables must
be located in such a manner as to maintain access to the building
for emergency purposes. Areas in which required parking is required
by the approved special permit cannot be used for outdoor function
activities. The designated indoor and outdoor function areas must
be clearly identified on any application plans.
[5]
Any outdoor event shall take place no closer than 300 feet from
any abutting residential dwelling on another parcel and 100 feet from
the property lines.
[6]
Hours of operation for private functions shall be Sunday through
Thursday 10:00 a.m. to 9:00 p.m., Friday through Saturday 10:00 a.m.
to 10:00 p.m., and Sunday 11:00 a.m. to 8:00 p.m.
[7]
The outdoor function area shall be largely open to the elements,
however may be enclosed with a seasonal canopy or tent that is temporary
in nature and is to be taken down after the season for outdoor functions
has ended. The season for the seasonal canopy or tent shall be April
1 to December 1 of each calendar year.
[8]
The operator is responsible for cleanup of all trash generated
from the outdoor dining area.
[9]
All entertainment and audio amplification shall occur within
the principal farm winery and vineyard building, or in a seasonal
canopy or tent area as approved by the Commission. Outdoor entertainment
and audio amplification shall not last longer than four total hours
in a given day. Such events may include music, live or otherwise,
including a DJ. All music must adhere to the following hours: Sunday
through Thursday, no earlier than 10:00 a.m. until no later than 7:00
p.m., Friday and Saturday, no earlier than 10:00 a.m. until no later
than 9:00 p.m., Sunday no earlier than 11:00 a.m. and no later than
5:00 p.m.
[10]
All exterior lighting shall comply with Article
Three A. 16 of these regulations, including full cut-off fixtures,
positioned horizontally, and light must not project off site. Floodlights
are prohibited.
[11]
The indoor or outdoor private function room or
area may include a food service and service bar operating under a
caterer's liquor permit and health district approval, which food
service and service bar shall only be open when private functions
are occurring on the premises. This food service and service bar must
be entirely separate from the tasting room and is only available to
people invited to the private function.
[12]
Special events which are served on the premises
not exceeding two days may be approved by the Zoning Officer with
14 days' notice to the Zoning Officer. Any event over two days
must be approved by the Planning Commission as a special event.
[13]
Temporary tents may be erected for a maximum of
three days for any such event.
(f)
Farm winery cafes.
[2]
The maximum hours of operation open to the public are Monday
through Thursday 10:00 a.m. to 8:00 p.m., Friday and Saturday 10:00
a.m. to 10:00 p.m., and Sundays 11:00 a.m. to 8:00 p.m.
[3]
During any special event the farm winery cafe shall be closed
to the general public.
[4]
No other alcoholic beverage may be served or consumed on the
permit premises other than a cafe license liquor permit issued by
the State of Connecticut Liquor Control Commission in connection with
the farm winery use permits. Events referred to as BYOB are strictly
prohibited.
[5]
The site shall contain no more than 2,000 square feet of kitchen
and dining area, excluding any outdoor dining area.
[6]
A farm winery cafe shall accommodate a maximum of 75 persons
seated or standing indoors and up to an additional 50 persons seated
or standing outdoors on a patio area at any one time (for a total
of 125 persons seated or standing), with the exception of staff.
(g)
Residential unit. One unit may be allowed with each winery by
special permit.
(h)
Outdoor storage. Outdoor storage of any kind, except wine storage,
is prohibited unless such storage is completely screened from public
view by an opaque screening device. Screening visible from public
rights-of-way and less intense zoning districts shall be constructed
of brick, decorative concrete, natural stone, decorative masonry or
cedar fencing material. Screening shall be constructed and maintained
at a sufficient height to visually screen all stored materials
(5)
Farm vineyard and winery parking.
(a)
The site development plan shall depict a minimum of 30 permanent parking spaces are required for a winery/vineyard. If granted a special permit by the Commission, the accessory use in Subsection V(4)(e) to hold indoor or outdoor private functions, the site development plan shall depict additional temporary parking spaces at a rate of one space for every 1.75 occupants for indoor and outdoor events. In keeping with the agricultural purpose and to help maintain the aesthetic nature, the Commission may allow portions of the temporary parking spaces to be maintained as lawn parking. The Commission may require reinforced pavers in grass areas for portions of the proposed temporary parking. Permanent parking spaces shall be paved or approved gravel parking. All handicap parking regulations shall be complied with.
(b)
Parking for special events, group events, or winemaker dinners
may be provided in open field areas with a slope of 8% or less, free
of combustible materials. Each parking space shall require 400 square
feet of area that includes parking space and traffic aisles.
(c)
Parking regulations. The number of required off-street parking
spaces shall be determined by a development plan prepared for all
uses associated with the winery. At a minimum the plan shall include
the following:
(6)
Farm winery and vineyard signage: shall be the same permitted in § 340-13.1, Signs, for commercial property.
(7)
Landscape buffering. The Commission may require additional landscaping
and screening as part of special permit approval to minimize impact
on adjacent property owners.
(8)
Application information. All the requirements of §§ 340-5.1 and 340-5.2 shall be submitted with an application as well as the following:
(a)
Production/storage limits. The application for a use approval
shall include an estimate of the winery production and storage capacity,
given in terms of number of gallons produced or made annually.
(b)
Tasting and on-site sales. The application for a use approval
shall include information describing on-site sales and/or tasting
being proposed. Sale of wine shall be limited to wine made and bottled
on the premises.
(c)
Liquid waste disposal. All requirements of the Health Department
shall be met.
(d)
Outdoor operations. The application for a use approval shall
include information to describe the nature of outdoor operations.
All outdoor operations shall be screened from view of adjacent residences
and roads to the satisfaction of the Commission.
(e)
Operating hours. The application for a use approval shall include
information regarding the proposed operating hours of the winery.
The operating hours of the winery shall be established and approved
as a condition of the use approval, recognizing the unique requirements
of winery operations during harvest season.
(f)
The range of activities occurring on site directly related to
wine production (e.g., crushing, fermentation, barrel aging, bottling,
bottle storage) accompanied by a site plan that provides a description
of where the different winery processes will occur on the site.
(g)
Information regarding proposed public tours and wine tasting,
retail wine sales, other retail sales, including food service, and
picnic areas available to the public.
(h)
Production capacity: existing and proposed.
(i)
The type of cooperage used in fermentation.
(j)
Production origins: origin of grapes used in the wine production
(e.g., percent of grapes produced on-site, percent of grapes imported
from off site).
(k)
Site development plan: the area (existing and proposed) of patios,
structures, parking, roads, and driveways, temporary event areas,
uncovered processing areas, vineyard, and other planted areas, etc.
(l)
Nuisance control: a description of measures proposed to minimize
the off-site effects of dust, odor, or noise generated by the proposed
winery operation.
W.
(Reserved)
X.
Farm tourism uses.
[Added 3-2-2017; amended 5-2-2019]
(1)
Purpose. These regulations are intended to ensure that farm
tourism and the expansion of existing farm tourism uses are compatible
with the permitted uses in the surrounding area and contribute to
the unique community character and economic viability. These regulations
permit farm tourism as compatible accessory uses. It is recognized
that the magnitude of these accessory uses are often greater than
the uses that surround farms. The use or the accumulations of farm
tourism uses should be incidental and subordinate to the use of the
property for farming; they require the greater level of regulatory
scrutiny that is afforded under the special permit. The purpose of
farm tourism is to attract people to farms, promote the sale of agricultural
products using agriculture-related tours, events, and other activities
to supplement farm income. Activities include, but are not limited
to, petting farms, farm animal attractions, school tours, outdoor
trails, crop mazes, hayrides, pony rides, livestock and or equine
events, group picnics, on- and off-site food catering services, craft
shows, outdoor recreation, indoor and outdoor events, and educational
activities. If a fee is charged, in order to be a permitted use, the
farm must be actively producing agricultural products for sale. Farms
where the seller is not actively producing agricultural products for
sale will require a special permit.
(2)
Qualifications. A special permit for a farm tourism use may
be granted, provided that:
(a)
The minimum lot area for a farm tourism use shall not be less
than 10 acres in a single parcel or combination of abutting parcels
under single ownership.
(b)
As of the date of application for a special permit, no zoning
violation shall exist on the property. The applicant shall submit
a current certificate of zoning compliance.
(3)
Standards. To the extent that the Commission finds that each
standard does apply, a special permit for farm tourism shall not be
granted unless the Commission also finds that the following applicable
standards have been met:
(a)
Farm tourism use(s) shall be complementary to and not detract
from the principal farming use.
(b)
Food preparation for events shall be limited to that which is
essential to the event (such as: pumpkin pie with a pumpkin festival,
vendor food with a fair) for which the application is being made.
(d)
On the farm parcels(s), a vegetative buffer shall separate farm
tourism uses (e.g., pick your-own field, hiking trails and hay wagon
ride routes) from abutting nonfarming uses. A minimum width of 15
feet on and/or off the farm property shall be required. Where the
buffer is to be off the farm property, a permanent open space easement/dedication
on or obtained from abutting properties may be substituted for the
on-site buffer, the documentation for which shall be subject to approval
by the Commission.
(e)
On the farm parcel(s), a vegetative and/or structural sound
buffer (e.g., sound-deadening barriers or buildings) shall be capable
of eliminating noise outside farm tourism uses create in any direction
from any abutting property boundary. The Commission may accept in
lieu of a vegetative and/or structural sound buffer, a report from
a qualified sound engineer certifying that the activity(ies) being
applied for are able to be conducted in such a manner that the activity(ies)
shall comply with the State of Connecticut DEEP noise standards with
regard to maximum decibel output (55 dB daytime/45 dB nighttime at
least one foot beyond the property line of the property on which the
emitter is located). The report shall describe the requirements necessary
for conducting on the activity in order for conducting the activity
to comply.
(f)
The minimum distance of any uses that generate smoke, heat or
ash shall be 75 feet from a property line.
(g)
The hours of operation shall not be before 7:30 a.m. and after 8:00 p.m. Sunday through Thursday and before 7:30 a.m. and after 9:00 p.m. on Friday, and Saturday, 11:00 p.m., except for specific events as allowed in Subsection X(4)(c).
(h)
The number of events which require permitting under Subsection X(4)(b), Category B, within a given calendar year shall be limited to 10 promotional events.
(i)
Public health requirements for potable water and waste disposal
shall be met with permanent facilities and/or temporary facilities.
[1]
If not regulated by the Public Health Code, temporary sanitary
facilities, such as chemical toilets, shall be required for any event
or use where patrons will be on site on average for more than two
hours, and where there are no facilities available to the public within
500 feet.
[2]
If the use is temporary, the facilities shall only be required
on site for the periods in which the use is taking place.
[3]
The Public Health Code shall prevail in cases where such facilities
are regulated under the Code.
(j)
Proposed structures shall reflect or accent existing farm structures
with historical and/or architectural character which the Commission
determines should be maintained.
(4)
Use requirements. The following uses shall be considered accessory
to the existing farming uses as long as they take place as required
below:
(a)
Category A: continuous activity; requires special permit approval
prior to the commencement of activities:
[1]
Retail and wholesale of agricultural products. New or temporary
structure(s), or the floor area within an existing or temporary structure,
housing this use shall not exceed 1,500 square feet of area. Greenhouse
used to sell nursery stock or bedding plants are not counted in this
maximum regulation.
[2]
Retail of handcrafts and artisan items. New or temporary structure(s),
or the area within an existing or temporary structure or outside area,
housing this use shall not exceed 2,500 square feet of area.
[3]
Agricultural education instruction. New or temporary structure(s),
or the floor area within an existing or temporary structure or outside
areas, housing this use shall not exceed 1,800 square feet of area.
[4]
Demonstration of production of furniture, blacksmith items,
quilts, fabrics or similar products made utilizing traditional processes.
New or temporary structure(s), or the area within an existing or temporary
structure or outside area, housing this use shall not exceed 2,500
square feet of area.
[5]
Restaurant (Level 1). New or temporary structure(s), or the
floor area within an existing or temporary structure, housing this
use shall not exceed 1,800 square feet or floor area where customers
are served at counters with no more than a total of 35 seats (whether
indoor or outdoor). Under no circumstances shall the hours be extended
earlier than 7:30 a.m. or later than 9:00 p.m. Sunday through Thursday,
and 7:30 a.m. and 11:00 p.m. on Friday and Saturday.
[6]
Farm stores. One farm store per active farming parcel may be
permitted by the special permit, provided that the farm store meets
all the standards of this section and has access from an arterial
or collector road and is sited more than 50 feet from any property
boundary. A preexisting nonconforming structure may be converted to
farm store use, with the Commission's approval, provided that
all public parking for the existing or proposed farm stores is located
to the side or rear of the building.
[a]
Every application that includes a farm store use shall include a statement of use in accordance with Subsection X(6)(c)[1] below.
[b]
At least 50% of gross sales of the farm store shall
be from agricultural goods produced on the owner's farm or processed
products made from raw materials that were produced on the owner's
farm.
(b)
Category B: events; require a separate special permit for each
event. Only one Category B event may take place at any given time.
[1]
Agricultural fairs, festivals, markets, carnivals and similar
functions. There shall not be more than 10 events a year.
[2]
Outdoor and indoor musical concerts, plays, operas and other
performance arts events, art exhibits and shows. There shall not be
more than 10 events a year.
[3]
Open public promotional events. These are events open to the
general public and subject to the following provisions:
(c)
Category C: special events. These events are not open to the
general public and include; private gathering events, such as parties,
weddings, reunions, fundraisers, meetings and services, whether catered
or not. The applicant shall submit an operation plan, which demonstrates
compliance with the following criteria:
[1]
No more than two such events shall be held within the same day.
[2]
Temporary structures and tents may be put up no more than two
days in advance of the event and must be removed from the property,
unless it is to be stored in a permanent structure located on the
site, no more than two days after the event for which they are first
set up. All temporary structures shall be installed to the satisfaction
of the Fire Marshal.
[3]
Outdoor event space(s) for this use shall be located entirely
within the area depicted on the approved site development plan. The
Commission may require fencing or other methods to confine outdoor
activities to the designated areas and/or screen them from public
rights-of-way.
[4]
The proximity of any outdoor area(s) and existing building(s)
to the nearest property line and/or residential dwelling is demonstrated
on the site plan.
[5]
Indoor event space shall not occupy more than 15,000 square
feet of gross floor area and shall be limited to buildings existing
on the effective date of this regulation.
[6]
All required parking shall be provided on site. On-street parking
is prohibited. The Commission may allow for 50% of the required parking
to be lawn parking. Spaces shall be provided at a rate as follows:
[7]
Waste collection shall be designated on the site plan. Any dumpster
or roll-off container shall be screened from view. Containers shall
have sufficient capacity to be fully closed at all times. Waste pickup
shall be frequent enough to prevent unsanitary conditions.
[8]
Outdoor entertainment shall not last longer than four hours
on any given day. Such entertainment may include acoustic or amplified
music. Any outdoor entertainment shall not be permitted after 10:00
p.m. on Sunday through Wednesday and 11:00 p.m. on Thursday through
Saturday.
[9]
Hours of operation as outlined in Subsection X(3)(g) may be extended by the Commission. However, under no circumstance shall operating hours be extended later than 11:00 p.m.
[10]
The permittee may host a maximum of two events
concurrently, provided that the Commission finds that adequate site
conditions exist to accommodate multiple events.
[11]
Food service may only be offered in conjunction
with a scheduled private event occurring on the premises. The maximum
number of attendees may be limited by the Commission subject to review
by the Fire Marshal.
[12]
All exterior lighting shall include full cut-off
fixtures. Lighting must not project off site. Flood lights are prohibited.
[13]
Any event that is planned to occur over more than
one day shall be subject to separate approval.
[14]
If staff finds there have been substantial changes
to the operation plan affecting health, safety or welfare at the facility
they may recommend to the Commission that a new public hearing be
held.
[15]
Uses including but not limited to concerts and/or
independent musical events shall be prohibited.
[16]
The maximum number of attendees for any one event
shall not exceed 250.
[17]
The applicant shall provide a narrative of all
traffic control and site security measures planned for the general
operation of events, which may be subject to review by the Town's
Director of Public Safety.
(5)
Regulation of use.
(a)
As part of an approval for a farm tourism site plan, the Commission shall approve the location on the property that will be devoted to farm tourism as depicted on the approved site development plan. The location and size shall be dependent upon the potential impact to the surrounding land uses and public infrastructure. The standards set forth in Subsection X(3) above, shall be the criteria by which impacts shall be determined acceptable or unacceptable, in addition to/in lieu of the standards of § 340-5.1G of these regulations.
(b)
The distance of farm tourism uses that contain or have site lighting in accordance with § 340-3.16 of these regulations.
(c)
For a site where there will be less than 10,000 square feet of disturbance that would not have to provide a soil and erosion control plan in accordance with § 340-3.21, the utilization of appropriate mitigation methods as outlined in the 2004 Connecticut Stormwater Quality Manual, as the same may be amended from time to time, shall be employed to reduce potential impacts of stormwater.
(d)
The utilization of appropriate mitigation methods as outlines
in the 2004 Connecticut Stormwater Quality Manual, as the same may
be amended from time to time, shall be employed to reduce potential
impacts to stormwater.
(e)
Sound systems used at outdoor or indoor events shall comply
with the State of Connecticut DEEP noise standards with regard to
maximum decibel output (55 db daytime/45 db nighttime at least one
foot beyond the property line of the property on which the emitter
is located). No outdoor music shall be played before 10:00 a.m. or
after 9:00 p.m. Sunday through Thursday, or before 11:00 a.m. and
after 11:00 p.m. on Friday and Saturday.
(6)
Procedure.
(a)
In granting a special permit for farm tourism, the Commission
shall specify the type of accessory uses and the conditions upon them
that will be allowed within the farm tourism area which they have
approved on the site plan.
(b)
If a violation of the special permit is found, a warning shall be issued. Two violations within a year shall be grounds for review by the Commission of the special permit for farm tourism. If the Commission finds the violations create an impact that relate to the criteria in Subsection X(3) that did not exist at the time of approval, then it may initiate legal procedures to revoke the special permit approval.
(c)
Application requirements.
[1]
The required statement of use shall include the following information:
[a]
The proposed uses for the property;
[b]
The proposed hours of operation, and days of the
week for each use proposed;
[c]
The anticipated periods or seasons (approximate
dates) the uses will occur for each proposed use; and
[d]
The statement of use shall become part of any special
permit approval for farm accessory use, and any permitted uses shall
be operated in accordance with the provisions of the statement of
use as approved by the Commission.
[2]
The required site plan shall show the following information in addition to that required by § 340-5.3 of these regulations:
[a]
The areas devoted to farming versus farm tourism
shall be depicted;
[b]
The areas to be used for specific farm tourism
uses within the farm tourism area shall be noted;
[c]
Uses that are periodic or seasonal should be noted
so that the Commission can determine if areas are capable of having
multiple uses throughout the year;
[3]
When new buildings and/or structures are to be constructed or
modification to the exterior of any existing building or structure,
architect prepared floor plans and building elevations shall be required.
[a]
The application shall include drawings which will
demonstrate that the proposed design will have desirable and compatible
characteristics of the development existing in the surrounding area
of such building/structure.
[b]
Such similar and compatible characteristics shall
include, but not be limited to, consideration of building bulk size,
architectural features including windows/doors and facade lengths
and heights as well as building finishes, lighting fixtures design
and signage; and overall site design and landscaping.
Y.
Campgrounds.
[Added 3-2-2017]
(1)
General requirements.
(a)
Campgrounds may be granted only on a parcel or abutting parcels
under the same ownership containing a minimum of 20 acres or more
dedicated to the use.
(b)
A suitable buffer strip for purposes of visual and auditory
screening shall be provided. Said buffers area shall be 75 feet with
no less than a fifty-foot vegetated buffer in width abutting residential
zoned property. The buffer area abutting Town property shall not be
less than 50 feet in width with a twenty-five-foot vegetated buffer.
It shall be the responsibility of the owner to maintain said vegetated
buffer in perpetuity.
(c)
Camping units and related facilities and structures are prohibited
in the area designated on the site plan as "buffer strip," but the
buffer may contain passive recreational uses if said areas are landscaped
in such a way as to prevent adverse effects on adjacent properties.
Use of the buffer area for passive recreation is limited to between
the hours of 8:00 a.m. and 9:00 p.m. Quiet hours for the campground
shall be 10:00 p.m. to 7:00 a.m.
(d)
The campground may be used during the period from March 1 to
December 31 of each year. No persons who rent, use or enjoy a campsite
may claim residency during their stay. Permanent occupancy of any
campsite unit is prohibited. Campers must at all times retain a permanent,
principal physical residence and domicile outside of the campground.
The use of a recreational camp or campground for conference or special
event purposes may be permitted through a special exception review.
(e)
The campground shall be supported by internal access roads.
The minimum one-way road width shall be 11 feet within the grounds
of a campground. One-way streets in excess of 1,000 feet shall have
an eight-foot-by-forty-foot pull-off area every 500 feet. Any dead
end shall terminate in a cul-de-sac with a diameter of 40 feet, or
with a hammerhead of 40 feet. All two-way streets shall have a minimum
width of 18 feet.
(2)
Accessory uses.
(a)
The use of a campground for conference or special event purposes
may be approved for anytime of the year permitted through a yearly
special exception review as outlined below.
[1]
Conferences. Conferences shall consist of events bringing individuals
to the facility for individual programs. Programs include but are
not limited to indoor and outdoor meetings or gatherings for instructional
or educational programming, retreats, workshops, and team-building
purposes for individuals, families, community-oriented organizations,
businesses, schools, colleges and universities.
[2]
Special events. Special events, such as car shows, tag sales,
fireworks shows, concerts, and other events may be approved for anytime
of the year as part of a special exception review.
(b)
The operator of a campground may establish, as part of the campground,
a store to be known as the camp store, providing merchandise for sale
to registered campers only. The store may also provide rental of recreational
equipment and supplies. Sale of alcoholic beverages will not be permitted.
The camp store must be located in the interior of the campground and
not less than 50 feet from any property line.
A.
Minimum lot size and frontage requirements.
|
Lot Size
|
Frontage
| ||
|---|---|---|---|
|
a.
|
On-site individual subsurface sewage disposal system and well
|
80,000 square feet
|
200 feet
|
|
b.
|
Community water system and on-site subsurface sewage disposal
system or community sewage disposal system and on-site well
|
50,000 square feet
|
175 feet
|
|
c.
|
Rear lot on-site subsurface sewage disposal system and on-site
well
|
120,000 square feet
|
50 feet
|
C.
Maximum height: 40 feet.
D.
Maximum building coverage: 10%.
E.
Maximum lot coverage: 20%.
A.
Authority. Pursuant to C.G.S. §§ 8-2, 8-18 and 8-25,
the Marlborough Planning Commission may approve cluster development
in the form of an open space conservation area residential development
subdivision (O.S.C.A.R.), as provided herein. The Marlborough Planning
Commission may enact subdivision regulations in furtherance of and
not inconsistent with this chapter.
B.
Purpose.
(1)
The purpose of this section is to provide for a flexible approach
for design and division of land for residential development while
assuring that significant natural and man-made resource areas within
the Town will be conserved and protected without increasing the overall
residential density. Specifically, this section is designed to further
the following objectives:
(a)
To promote design flexibility in residential development;
(b)
To promote development that is sensitive to site characteristics;
(c)
To preserve and provide land for open space, parkland and recreational
purposes which contribute to the health, safety and general welfare
of the residents of the Town of Marlborough. Such open space shall
preserve land that will serve one or more of the following purposes:
farmland, forestland, recreation areas, sensitive wetland and watercourse
systems, scenic vistas, geologic formations, unusual topography, historic
or prehistoric sites, wildlife areas and land that contains rare or
unusual flora or fauna;
(d)
To encourage more creative and efficient site planning that
will result in reduced expenditures for utilities, infrastructure
and maintenance costs; and
(e)
To achieve the objectives of the Open Space and Recreation Plan
of the Plan of Development.
(2)
The granting of an approval for an O.S.C.A.R. subdivision shall
be in the sole discretion of the Marlborough Planning Commission to
allow for reduced requirements as to lot size, frontage, yardage,
etc., in conformance with this section.
C.
Requirements.
(1)
As a condition to approving an O.S.C.A.R. subdivision, the Planning
Commission shall find one or more of the following specific purposes
to be accomplished:
(a)
To preserve land as unsubdivided common open space which will
preserve or enhance the appearance, character or natural beauty of
the area.
(b)
To preserve land to serve as "common open space" needs.
(c)
To preserve land for purposes of conserving natural resources.
(d)
To inhibit building on poor soils.
(e)
To preserve and protect particular areas and terrain having
qualities of natural beauty or historical interest.
(2)
General eligibility requirements for an O.S.C.A.R. subdivision:
(a)
O.S.C.A.R. subdivisions are limited to residential zones.
(b)
O.S.C.A.R. subdivisions shall not result in the creation of
more lots than would occur in a conventional subdivision.
(c)
O.S.C.A.R. subdivisions are limited to proposals resulting in
five or more lots.
(d)
O.S.C.A.R. subdivisions shall provide for common or public open
space and/or conservation areas.
(3)
Open space and development densities.
(a)
"Open space," for the purposes of this chapter, is an area covered
by a development restriction. A development restriction prohibits
further development in order to preserve agricultural lands or any
other land that is predominately in its natural state. The Planning
Commission, in its discretion, may permit noncommercial recreational
uses permitted by this chapter, provided that such uses are not inconsistent
or harmful to the preservation of the restricted area. The Planning
Commission may also permit activities and accessory structures necessary
to support open space agricultural uses.
(b)
The maximum number of building lots shall not exceed the number
that would have been permitted in a conventional subdivision layout.
As a means to provide the applicant with some guidance in determining
the number of building lots permitted, the applicant is advised to
utilize the following formula:[1]
[1]
By 80,000 square feet if the site will be serviced by individual
on-site wells and individual on-site subsurface sewage disposal systems.
[2]
By 50,000 square feet if the site will be serviced by a community
water system and individual subsurface sewage disposal systems.
[1]
Editor's Note: So in original.
D.
Design guidelines. In addition to such guidelines as may be contained
in the Marlborough Subdivision Regulations, the Planning Commission
shall, in its consideration of an O.S.C.A.R. subdivision, require
that lots be laid out to the greatest extent feasible to achieve the
following objectives (listed below in order of priority, as it is
recognized that some may conflict with others on any given site):
(1)
Preserve and maintain existing forests, fields, pastures and
other land in agricultural use and to preserve land mapped as Class
I or II farmland soils together with sufficient buffer areas of not
less than 50 feet to minimize conflict between residential and agricultural
use.
(2)
Diversity and originality in lot layout and individual building
design shall be encouraged to achieve the best possible relationship
between development and the land. Consideration shall be given to
the preservation, creation and connection of wildlife corridors and
trails within subdivision open space.
(3)
Provide for pedestrian access between properties and for a perimeter
design concept intended to facilitate the networking of trails for
pedestrian or equine use to ensure recreational access to resource
land as provided for in the Subdivision Regulations.
(4)
The permanent open space area shall be primarily located in
areas contiguous to existing open space areas or in an area of the
site with the highest probability of connecting with future open space
areas.
(5)
Leave unblocked or uninterrupted scenic views and vistas, particularly
as seen from public roads.
(6)
Preserve historic and prehistoric sites and their environments
insofar as needed to protect the character of the site.
(7)
Maintain the visual integrity of hilltops and ridgelines by
siting development so that building silhouettes will be below the
ridgeline or hilltops or, if the area is heavily wooded, the building
silhouette will be at least 10 feet lower than the average canopy
height of trees on the ridge or hilltop.
E.
O.S.C.A.R. height, area and yard requirements.
(1)
Minimum lot size and frontage requirements.
|
Lot Size
|
Frontage
| |||
|---|---|---|---|---|
|
a.
|
Standard – on-site subsurface sewage disposal system and
on-site well
|
40,000 square feet
|
100 feet
| |
|
b.
|
Community water system and/or on-site subsurface sewage disposal
system
|
30,000 square feet
|
100 feet
| |
|
c.
|
Rear lot – on-site subsurface sewage disposal system and
on-site well
|
40,000 square feet
|
20 feet
| |
(3)
Maximum building height: 40 feet.
(4)
Overall site coverage: 25%.
A.
Intent. The purpose of this section is to allow flexibility in development
to permit multiple principal residential buildings on a single parcel
in order to provide for housing:
(1)
That promotes design flexibility in residential development.
(2)
That promotes housing for persons who, due to age or health,
require more compact residential patterns than possible through single-lot
subdivisions.
(3)
Encourages more creative and efficient site planning that will
reduce site disturbance and the amount of infrastructure necessary.
(4)
That allows recreation uses while preserving open space.
B.
Floating zones.
(1)
Any owner of property may apply to the Commission for a change of zone to one of the following floating zones, provided said application conforms in all respects with the requirements set forth in this article for such zone change: Design Multiple Residence - DMR, Planned Residential Recreational Development - PRRD, and Adult Living Development - ALD. For each such zone change approved by the Commission, the provisions of Article VI of this chapter shall not apply to said floating zone, and in their place the plans, specifications, conditions, representations and other components of the zone change application, as approved and/or modified and approved by the Commission, shall control in said 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.
C.
Preapplication procedure.
(1)
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 applicable comments and suggestions
into the overall design.
(2)
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. This preliminary plan shall be submitted
with five copies of the plans, a description of the proposed uses
and plans that include:
(a)
Application fee. In accordance with the Town Land Use Fee Ordinance.
(b)
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]
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;
[7]
Tabulations of the gross acreage of the development and the
percentage of lot coverage of buildings, open space, roads and parking;
and
[8]
A statement outlining how the application is in compliance with
the Marlborough Plan of Conservation and Development.
D.
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.
E.
General standards and requirements for all floating zones.
(1)
Access/circulation.
(a)
Access shall be to at least one Town through road or state highway
which has adequate capacity for the traffic generated and does not
create safety hazards. Such road(s) shall be classified as an arterial
or collector road in the most recent Plan of Conservation and Development.
Vehicular access (streets and driveways) shall be a minimum of 50
feet from an adjoining property line under separate ownership. The
Commission may increase this distance up to an additional 50 feet.
(b)
Proper accessways and circulation shall be designed for emergency
vehicles, fuel trucks, refuse collection, and snow removal equipment
to operate in a safe and efficient manner. Such accessways are not
to serve as car storage areas.
(c)
The Commission may require the proposed street system to have
multiple connections to an existing through road or two or more through
roads or state highways in order to provide safe and efficient circulation
system.
(d)
The development shall provide for internal pedestrian circulation,
utilizing walkways and paths to serve pedestrian movements to community
facilities and dwelling units. Sidewalks shall be provided between
buildings and parking areas. The Commission may require sidewalks
along streets and driveways.
(e)
All interior streets, private or public, shall be constructed
in compliance with the Town of Marlborough Highway Standards and Specifications.
The right-of-way requirements and road width requirements may be waived
if the streets are considered by the Commission to be of local use
only for the site. In no case shall the paved portion be less than
20 feet.
(2)
Site utilities.
(a)
Underground utilities. All developments shall provide underground
utilities in both public and private extensions of said utilities.
All developments shall provide proper design and construction of cable,
electrical and phone lines, natural gas, community septic systems,
sanitary sewers, public water supply, and stormwater management system.
(b)
Sewage disposal.
[1]
If the proposed sewage disposal system meets the capacity requirements
of a system regulated by the Connecticut Department of Health, then
said system shall meet the current requirements of Section 19-13-B103
of the Connecticut Department of Health, referred to as the "Technical
Standards." The applicant shall submit the positive tentative staff
determination to issue a permit prior to the close of the public hearing
for any application.
[2]
If the proposed sewage disposal system meets the capacity requirements
of a system regulated by the Connecticut Department of Energy and
Environmental Protection, then said system shall meet the current
requirements of C.G.S. § 7-245, and applicant shall submit
to the Commission a copy of the tentative staff determination to issue
a permit from the Connecticut Department of Energy and Environmental
Protection (DEEP). If the Commission does not receive the DEEP tentative
staff determination notice prior to the end of the statutory time
frame for making a decision, the application shall be denied. The
applicant shall submit a report from the Marlborough Water Pollution
Control Authority prior to the close of the public hearing for any
application. The applicant shall submit information concerning the
ownership, operation and maintenance and design as a part of the application
submittal.
[3]
Prior to endorsement and filing of the final Mylar, the applicant
shall have executed or received tentative approval of the Marlborough
Water Pollution Control Authority for an operation and maintenance
agreement, including an escrow account for the maintenance and repair
of the sewage disposal system.
(c)
Water supply. The applicant shall submit to the Commission a
letter from the exclusive service area provider acknowledging the
submission of the application and its interest in ownership of said
system. Also, applicants shall summit a Phase I approval form and
an approval from the Connecticut Department of Public Utilities Control
for all water supply wells in accordance C.G.S. § 16-262m(a)
prior to the close of the public hearing. If the DPUC Phase I-B application
is approved prior to the endorsement and filing of the final Mylars,
the applicant shall submit a DPUC Phase I-B approval to the Commission.
Failure of the applicant to secure the Phase 1-B approval will result
in the voiding of the approval.
(d)
Site design. The design of any floating zone shall utilize best
management practices for all the elements of the development, including
but not limited to sewage disposal, water supply, stormwater management,
building design and efficiencies, road design and landscaping.
(e)
Site preservation and landscaping. The application shall include
a landscape plan and a site constraint plan prepared by a State of
Connecticut-licensed landscape architect. The characteristics of the
site are to be incorporated into the design to take advantage of topographic
features, provide buffering of adjoining land uses, and retain the
prominent natural landscape and environmental features of the property
through:
[1]
Minimizing soil and tree removal.
[2]
Designing grading to blend with the natural terrain and avoid
creating steep slopes.
[3]
Treating disturbed surfaces to encourage plant growth and soil
stabilization by providing the necessary topsoil and planting of the
appropriate native species of trees, shrubs and grasses.
[4]
Preserving the significant natural features of the site, such
as stonewalls, rock outcrops, wetlands, prominent tree stands and
vistas.
(f)
Minimum road frontage. No property proposed for a floating zone
shall have less than 300 feet of frontage on an accepted improved
Town road or state highway.
(g)
Setback requirements.
[1]
No building or structure shall be closer than 100 feet from
existing Town roads and 50 feet from any proposed private or public
road.
[2]
No building or structure shall be closer than 50 feet from existing
residentially zoned property and no closer than 100 feet from existing
commercial or industrial zoned property. The Commission may require
additional setback and/or natural screening, not to exceed an additional
100 feet, from existing developed properties.
[3]
No land used for active recreation shall be located within 50
feet of adjoining property lines.
(h)
Minimum lot size. The minimum lot size is 12 acres. In calculating
the lot area the following land shall be excluded: all land area within
the one-hundred-year floodplain and watercourses.
(i)
Building height.
[1]
The building height shall not exceed 40 feet as measured from
the sill plate to the highest point of the roof or the average height
between the eaves and the ridge for a gable, hip or gambrel roof.
For buildings that have more than one roofline, height requirements
shall be measured to the highest roof. Chimneys and decorative features
may extend an additional three feet.
[2]
Accessory buildings shall not exceed 24 feet in height, with
the exception of a clubhouse or restaurant which may have a roof height
of 35 feet. Chimneys and decorative features may extend an additional
three feet.
(j)
Building separation. There shall be at least 20 feet between
buildings containing one to three units and 30 feet between buildings
containing more than three units. The Commission may increase these
separating distances up to 30 feet when buildings have no fewer than
four units, depending upon the site topography, site land cover, and
proximity to land development.
(k)
Refuse collection. Waste collection areas shall not be located
within 75 feet of any adjoining properties and not within 25 feet
of any dwelling unit within the development. Adequate screening, utilizing
fencing and plantings, shall be incorporated into the design of each
waste collection area.
(l)
Architectural design.
[1]
The architectural design, scale and mass of the buildings and
other structures, including among other elements the exterior building
material, color, roofline and building elevations, shall be residential
in character so as to harmonize and be compatible with the neighborhood
to preserve property values and to preserve the appearance and character
of the community. Preferred building materials should be or building
materials must be brick, stone or narrow-width siding or the like.
Roofing materials should, where visible, be cedar shake, slate, copper,
architectural three-tab or reasonable equivalents. Tarpaper, metal
or plastic roofing surfaces are strongly discouraged. Building-mounted
lighting shall utilize shielding to prevent glare off site and shall
be of a style and character which is in harmony with the character
of the Town.
[2]
Rooftop mechanical systems shall be discouraged; however, if
utilized, the full perimeter and height shall be fully screened from
all sides. Any ground-mounted mechanical systems shall be screened
from view from private or public streets.
[3]
No housing unit or accessory structure shall have more than
two habitable stories, except the Commission may approve a building
with 2 1/2 stories if the natural grade is suitable and the lowest
level has access directly to grade without stairs or ramps. Further,
the uppermost floor shall have access either from ground level or
from an interior stair arrangement which will not require occupants
of the uppermost story to traverse more than one story to gain access
at grade level.
(m)
Open space and recreation area.
[1]
Open space is land not used for the construction of dwellings,
buildings for supporting facilities, parking, vehicular circulation,
or areas within 25 feet from the exterior of dwelling units. An open
space area shall be so arranged and defined that its area, permanent
use and control can be established with restrictions and covenants
prohibiting or restricting construction of buildings or structures
upon it. There shall be a minimum of 50% open space.
[2]
The total land area required to meet the minimum land requirements
that are 12 acres and the additional land required for the number
and type of housing units shall determine the open space requirement
for each application. No more than 50% of the required open space
area shall be utilized for active recreational areas unless said application
is for a planned residential recreational development.
[3]
Additionally, the Commission at its sole discretion may permit
active recreational use on open space land beyond the above-noted
limits when an application depicts an open space land area designation
greater than that required for the particular development. The additional
amount of active recreational use shall not be greater than an area
equivalent to the additional open space land designation.
[4]
Open space land may be utilized for water supply and sewage
disposal, including any buildings or structures required for their
operation.
(n)
Method of ownership of open space/recreation land. 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. 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 and restrict
the use to members and their social guests only. These provisions
shall not apply to open space area used for commercial recreation.
The applicant's deed of said open space land to said association
shall provide that, if said homeowners' association is dissolved,
the open space land reverts in ownership to the Town. Additionally,
the applicant's deed shall include all the proper development
restrictions to assure the protection of the open space area. 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, and provide that 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 which is 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 agricultural or recreational 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 final subdivision
plan.
[5]
Other. Any other method of open space ownership which accomplishes
permanent preservation in accordance with the requirements of this
chapter and satisfactory to the Commission and Town Counsel.
(o)
Other standards of this chapter. In addition to the foregoing standards, the Commission shall apply the standards set forth in Articles III, V (§§ 350-5.1 and 350-5.2) and XIII. Additionally, the Commission shall determine the application's compliance with the Marlborough Plan of Conservation and Development.
F.
Design Multiple Residence. The development includes housing with
common open space that may include recreational and supporting facilities
for residents of the development.
G.
Adult Living Development. The development shall be restricted to
a population where at least one tenant within each residential unit
is 55 years or older and no tenant is under the age of 18 years old.
Persons who have been certified by the Social Security Administration
as totally disabled under the age of 55 are eligible for residency.
(1)
Units shall be designed to include or with room to install in
the future handicap features to accommodate the elderly, such as door
jam size, grab bars, etc.
(2)
No less than 10% of the units shall be wheelchair accessible.
(3)
No more than three bedrooms per unit.
(5)
The maximum building coverage shall not exceed 25%.
(6)
The maximum lot coverage shall not exceed 50%.
(7)
There shall not be more than six units per building.
H.
Planned Residential Recreational Development. The development includes
residential units with commercial or noncommercial recreational facilities
that may be private, semiprivate or public and may include equestrian
center, golf course, nature center, tennis center or swimming club.
(2)
The maximum building coverage shall not exceed 25%.
(3)
The maximum lot coverage shall not exceed 50%.
(4)
The number of bedrooms per unit shall not exceed three.
(5)
There shall not be more than six units per building.
(7)
In a PRRD, the Commission may permit up to 70% of the required
open space to be utilized for active recreation use.
(8)
Additionally, the Commission at its sole discretion may permit
active recreational use on open space land beyond the above-noted
limits when an application depicts an open space land area designation
greater than that required for the particular development. The additional
amount of active recreational use shall not be greater than an area
equivalent to the additional open space land designation.
I.
Open space/recreation areas. Open space areas with approval of the
Commission may be used for or as part of the following commercial
or noncommercial recreational uses: tennis center, swim club, golf
courses, equestrian complex, or nature centers.
(1)
Golf course. Areas of land laid out for golf with a series of
nine or 18 holes, each including tee, fairway, practice greens, driving
ranges and putting greens, and natural and artificial playing hazards.
(2)
Equestrian complex. Areas of land laid out to feature horseback
riding as a private and/or public facility. Areas can be designated
as paddock areas, pasture land, training grounds, competition grounds,
and bridle trails.
(3)
Nature centers. Areas of land laid out with a commitment to
preserve or protect natural resources. Includes areas used for environmental
education activities, trails open to the public, exhibits of local
flora and fauna, and wildlife attraction areas.
(4)
Swimming club. Areas of land laid out for the use of outdoor
or indoor swimming pools. There shall be no lighting of outdoor swimming
areas.
(5)
Tennis center. Areas of land laid out for use for outdoor and/or
indoor tennis courts. There shall be no lighting of outdoor tennis
courts.
J.
Supporting facilities. Supporting facilities may contain nonresidential
buildings for uses that include commercial entities. Final determination
of the nature, size, location and intensity of such supporting facilities
shall be at the discretion of the Commission after consideration of
whether such facilities are, in fact, accessory to the development.
(1)
Golf course: include storage and equipment buildings, pro shops,
gift shops, clubhouse, and restaurants.
(2)
Equestrian complex: include riding rings, stables, storage and
equipment buildings, tack shop, gift shops, clubhouse and restaurant.
(3)
Nature centers: include educational buildings, museums, libraries,
gift shop, bookstore, storage and equipment buildings, and restaurants.
(4)
Tennis center: include storage and equipment buildings, pro
shops, gift shops and clubhouse.
(5)
Swimming club: include storage and equipment buildings, clubhouse.
K.
Public hearings and action. The Commission shall act in such a manner and in accordance with such time frames as are designated § 340-5.1 and Article XV of this chapter and in accordance with the applicable provisions of the C.G.S. § 8-7. In the event of conflict between the procedures set forth in this chapter and the Connecticut General Statutes, the latter shall prevail.
L.
Approval.
(1)
Upon approval of a floating zone, the Commission shall provide
notice to the applicant and the public, as provided by the Connecticut
General Statutes, 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 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.
M.
Conformance to recorded documents. The land described shall be used
and developed only in accordance with the recorded documents.
N.
Amendment of approved floating zone. An application to alter or extend
an approved 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.
O.
Commencement and completion of construction. For any 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
become void, and the Commission shall 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.
P.
Performance bond.
(1)
The Commission shall require, prior to the commencement of any
construction in connection with an approved 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.
Q.
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.
R.
Certificate of occupancy. No certificate of occupancy 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 occupancy after the submission
of an as-built plan showing all site improvements completed to date.
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 floating zone.
A.
Purpose. To allow the development of parcels 30 acres and larger
in a way that will allow a flexible approach to the subdivision of
large residentially zoned parcels while assuring that significant
natural and man-made resource areas within these large parcels will
be conserved and protected. Specifically, this section is designed
to further the following objectives:
(1)
To promote design flexibility in residential land development;
(2)
To promote development that is sensitive to site characteristics;
(3)
To preserve and provide land for open space, parkland and recreational
purposes which contribute to the health, safety and general welfare
of the residents of the Town of Marlborough. Such open space shall
preserve land that will serve one or more of the following purposes:
farmland, forestland, recreation areas, sensitive wetland and watercourse
systems, scenic vistas, geologic formations, unusual topography, historic
or prehistoric sites, wildlife areas and land that contains rare or
unusual flora or fauna;
(4)
To encourage more creative and efficient site planning that
will result in reduced expenditures for utilities, infrastructure
and maintenance costs;
(5)
To achieve the objectives of the Open Space and Recreation Plan
and the Plan of Conservation and Development.
B.
Large lot conservation subdivision plan standards.
(1)
Minimum parcel size: 30 acres.
(2)
Minimum lot size: four acres/160,000 square feet.
(3)
Open space area: 50%.
(4)
The minimum buildable lot area requirement is waived.
(5)
Up to three interior lots may abut one another only if there
is use of a common driveway to service the lots.
(6)
Common driveways can be constructed in the minimum required
side yard after approval by the Planning Commission.
(7)
Along street frontage, a common driveway that services no more
than two street front lots and four interior lots is permitted.
(8)
No cul-de-sac in a large lot conservation subdivision plan shall
be greater than 1,200 feet.
(9)
An applicant is not entitled to the maximum development density
permitted by this section. The maximum density will be determined
by the Planning Commission in evaluating the application for compliance
with the purpose and objectives of this section and compliance with
the Subdivision Regulations.
(10)
A large lot conservation subdivision may be utilized in combination
with an O.S.C.A.R. subdivision, but not in combination with a conventional
subdivision. The open space area requirement will be increased to
60% when the combination of an O.S.C.A.R. and large lot conservation
are utilized.
(11)
All large lot conservation subdivision plan developments shall
be considered a subdivision, by definition, subject to all of the
procedural and plan requirements of the Highway Construction and Design
Standards.
(12)
Except where otherwise provided in this section, all of the
standards of the Subdivision and Zoning Regulations shall be satisfied.
C.
Large lot conservation subdivision plan requirements.
(1)
As a result of the exemption from the minimum buildable lot
area requirements and the large lot sizes permitted, building location
and site design become critical elements in ensuring compliance with
the conservation and preservation intent of this chapter. Therefore,
the location of all individual driveways, dwelling units, subsurface
sewage systems and wells shall be shown on the subdivision plan and
become a part of the application approval. Construction will be limited
to those designated areas.
(2)
In addition to such guidelines as may be contained in the Marlborough
Subdivision Regulations, the Planning Commission shall, in its consideration
of a large lot subdivision, require that lots be laid out to the greatest
extent feasible to achieve the following objectives (listed below
in order of priority, as it is recognized that some may conflict with
others on any given site):
(a)
Preserve and maintain existing forests, fields, pastures and
other land in agricultural use and to preserve land mapped as Class
I or II farmland soils together with sufficient buffer areas of not
less than 50 feet to minimize conflict between residential and agricultural
use.
(b)
Diversity and originality in lot layout and individual building
design to achieve the best possible relationship between development
and the land.
(c)
There shall be the creation of contiguous open space corridors
through the use of conservation easements and dedicated open space
land.
(d)
The permanent open space areas shall be in accordance with Article VI of this chapter and the Open Space and Recreation Plan and the Plan of Conservation and Development.
(e)
Provide for pedestrian access between properties and for a perimeter
design concept intended to facilitate the networking of trails for
pedestrian or equine use with other existing or future open space
land to ensure recreational access to the public for resource land
as provided for in the Subdivision Regulations.
(f)
Leave unblocked or uninterrupted scenic views and vistas, particularly
as seen from public roads.
(g)
Community wells and community septic systems may be permitted
to encompass no more than 30% of the open space area.
(h)
The visual integrity of hilltops and ridgelines shall be maintained
by siting development so that building silhouettes will be below the
ridgeline or, if the area is heavily wooded, the building silhouettes
will be at least 10 feet lower than the average canopy height of the
trees on the ridgeline or hilltop.
(i)
Road cut/fills exceeding 45 feet, as measured from the center
line of the proposed road, shall submit a landscape plan for the restoration
of disturbance beyond the snow shell area.
(j)
Submission of a justification for the use of common driveways
versus roads shall be submitted in developing large lot conservation
subdivision plans.
(k)
Low-impact development practices shall be utilized in design.
