A. 
The Marlborough Planning Commission, pursuant to Connecticut General Statutes (C.G.S.) Secs. 8-2, 8-18, and 8-25, has adopted cluster development regulations and pursuant to the Marlborough Zoning Regulations § 340-6.5 authorizing cluster development in the form of an Open Space Conservation Area Residential Subdivision (O.S.CA.R.). The Planning Commission is required to review all proposed subdivision or resubdivision applications under the provision of an O.S.C.A.R.
B. 
The Commission may approve an O.S.CA.R. subdivision in accordance with the purpose, procedures and standards contained in these regulations, the special provisions permitted by § 340-6.5 of the Marlborough Zoning Regulations, and the Plan of Conservation and Development. The Commission is authorized to approve an O.S.CA.R. subdivision in accordance with the Marlborough Zoning Regulations, provided that the maximum number of building lots to be constructed shall not exceed the number permitted by the conventional standards of the Zoning and Subdivision Regulations unless affordable housing units are a part of the application.
The purpose of this Regulation, in addition to those purposes set forth in § 340-6.5 of the Marlborough Zoning Regulations is to provide for a flexible approach for the design and subdivision 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 site density. Specifically, this regulation is designed to further the following objectives:
A. 
To promote design flexibility in residential land 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, forest land, 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.
E. 
To achieve the objectives of the open space and recreation plan and the Plan of Conservation and Development.
A. 
Due to the flexibility afforded by this regulation the preapplication procedure shall be required prior to the formal submission of an application for an O.S.C.A.R. subdivision. A preapplication conference(s) will be held with an understanding that the plans and proposal will receive no formal application status and the comments and suggestions made by the Commission are nonbinding. At the preapplication level, the Commission will advise the applicant as to whether to proceed with an O.S.C.A.R. subdivision or to apply for a conventional subdivision approval under the typical requirements of the Subdivision and Zoning Regulations. Any direction given by the Commission will in no way imply approval of the final application.
B. 
All applicants for all subdivision and resubdivision are to simultaneously initiate the preapplication procedures and requirements of these regulations with the Planning and Conservation Commissions as a means to determine whether the site is suited for development as an O.S.C.A.R. subdivision.
C. 
As a means to determine whether a site is suited for development under the requirements of O.S.C.A.R., the Commission shall consider the purposes of this article, the Plan of Conservation and Development, and the written advisory opinion and recommendations regarding site design submitted by the Marlborough Conservation Commission, and shall give careful consideration to the particular character of the site, the design of the proposed subdivision and its compatibility with surrounding development. To assist the Commission in making this determination, the applicant shall submit two conceptual subdivision layout plans. One of these plans shall detail a conventional subdivision plan that is based upon the typical minimum requirements of the Subdivision and Zoning Regulations, and the other plan shall detail the proposed O.S.C.A.R. subdivision. The Commission may waive this requirement if the applicant desires to develop the site as an O.SCA.R subdivision.
D. 
If the applicant desires to have the site developed under the conventional design standards of these regulations rather than as an O.S.C.A.R. subdivision, the applicant shall submit a written statement outlining the reasons why the applicant believes that the purposes of the Open Space Conservation Area Regulations would not be achieved with the development of an O.S.C.A.R. subdivision and why the objectives would be better achieved by the development of a conventional subdivision This statement shall be submitted at the time of the preapplication review. Per Section 8-25 of the C.G.S., the Commission after due consideration of the applicant's statement may require cluster development in the form of an O.S.C.A.R. subdivision.
E. 
The Commission(s) shall issue all comments and suggestions and shall make the appropriate determination regarding the feasibility of developing a site under the O.S.C.A.R. subdivision within 65 days of the first regular meeting at which the preliminary plans are initially reviewed by the Planning Commission.
A. 
All O.S.C.A.R. developments shall be considered subdivision, by definition, subject to all of the procedural and plan requirements of the Highway Construction and Design Standards and the Subdivision Regulations.
B. 
The maximum number of building lots shall not exceed the number that are shown on a conventional subdivision layout except as provide for in this article. An applicant is not entitled to the maximum development density permitted by this article. The maximum density will be determined by the Commission in evaluating the application compliance with the purpose and objectives of this article and compliance with the Subdivision Regulations. There shall be a density bonus of one lot for every two affordable housing units.
C. 
All proposed building lots shall be located and designed in a general pattern that is consistent with the conceptual plan submitted at the preapplication level.
D. 
As a means to provide the maximum possible privacy between units in an O.S.C.A.R. subdivision and to encourage the preservation of the existing vegetation, the applicant shall be required to present a detailed landscaping plan containing the original seal and signature by a State of Connecticut licensed landscape architect. This plan shall identify the location of existing and proposed trees, shrubs, topography, walls, etc. that would be utilized to provide a reasonable means of privacy and screening. Such plants shall be shown by size and species. Maximum effort shall be made to retain existing vegetation, trees and stone walls. Any landscaping element shown on the approval plan and which shall be in a condition that does not satisfy the intent of the regulations shall be replaced at cost by the property owner upon written notification by the official authorized to enforce these regulations. To this end, the following notation shall be added to the plans: "Perpetual care and maintenance shall be performed by owner(s) of the lot(s) on plantings, seedings and site improvements located within any designated landscape area or required vegetative buffer area."
E. 
Except where otherwise provided in these regulations, all of the standards of the Zoning Regulations shall be satisfied.
F. 
Where the proposed development fronts on an existing public street, the Commission reserves the right to require that those lots that front on the existing public street shall conform to all or some of the applicable zoning standards.
G. 
All lands identified as having special resource value and/or not included on the O.S.CA.R. development plan as building lots or roads shall be set aside as permanent open space pursuant to Article VI of these regulations. Dependent upon the design flexibility permitted by the Commission and the final design of the O.S.C.A.R. subdivision, shall have at a minimum 40% of the total site preserved as open space. Up to 15% of open space land may be private conservation restrictions. Twenty-five percent of any required buffer area, excluding building setbacks and regulated wetland buffer area, may be credited to the open space requirement.
H. 
As a result of the reduction in lot sizes permitted by these regulations, building location and site design become critical elements in ensuring compliance with the intent of these regulations Therefore, the location of all individual dwellings units, subsurface sewage systems and wells shall be shown on the site plan and become a part of the application approval. Construction will be limited to those designated areas. However, the applicant may show a rectangle or square if the exact configuration of the house has not been determined.
I. 
The Commission may permit modifications to the locations of the dwelling units, sewage disposal systems and wells after the final plan has been approved. These requests shall be submitted as a request for field change as specified in § 415-5.8H of these regulations.
J. 
Proposals that would utilize community wells and community sewage disposal systems shall submit copies of the proposed maintenance and ownership provisions for these utilities.
K. 
The Planning Commission shall cause its approval for the O.SC.A.R subdivision to be endorsed on the subdivision plans by the Chairman or Secretary of the Commission. All terms and conditions of the approval shall be incorporated into the subdivision plan and shown thereon as plan notes.
The Planning Commission shall, in its consideration of an O.S.C.A.R. subdivision, require that lots be laid out 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 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. Consideration shall be given to the preservation, creation, and connection of wildlife corridors and trails within subdivision open space.
C. 
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.
D. 
The permanent open space areas shall be in accordance with Article VI of these regulations.
E. 
Leave unblocked or uninterrupted scenic views and vistas, particularly as seen from public roads.
F. 
Preserve historic and prehistoric sites and their environs to protect the character of the site.
G. 
Preserve the first 15 feet of each proposed lot's existing topography and vegetation as follows;
(1) 
A single driveway Cut is permitted with cut/fill slopes that shall not extend from the center line of the driveway more than 25.
(2) 
No portion of the primary and/or reserve septic area including any required grading may be located within this area.
(3) 
All utility installations shall be located within the driveway cut.
(4) 
No wells shall be located within this area.
H. 
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.
I. 
Community wells and community septic system may be permitted to encompass no more than 50% of the open space area.
J. 
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.
K. 
A minimum fifty-foot buffer area between the development and existing residential development is required. Shrubs, trees, walls, fences, berms or any combination thereof that provides an effective visual barrier for the perimeter site boundaries of the development that abut existing residential developments may be necessary The Commission may decrease, increase, or waive this minimum buffer area where existing site features such as:
(1) 
Topography, vegetative cover, and/or wetlands, provide an adequate buffer.
(2) 
Adjoining property contains a permanently protected buffer area determined sufficient by the Commission.
L. 
All historic building foundations shall be shown and preserved whenever practical. The Commission may be require these sites to be a part of the open space area.
M. 
Common driveways maybe permitted to be constructed in the minimum required side yard after approval by the Planning Commission.
N. 
Where lot sizes and subsurface soil conditions dictate, the Commission encourages that each individual lot is provided with an independent subsurface sewage disposal system and well in accordance with the State of Connecticut Public Health Code.