The Commission may, upon application, issue special permits
for specific uses within this chapter. The Commission has identified
uses that possess characteristics of a unique and special nature that
require conformance to additional standards as well as to all other
requirements of this chapter. Upon application, each specific proposal
shall be considered on an individual basis.
A.
B.
Applications procedure.
(1)
The application must be submitted to the administrative official
at least seven days prior to a regularly scheduled meeting.
(2)
If an application involves an activity regulated pursuant to
the Marlborough Inland Wetlands and Watercourse Area Regulations,
the applicant shall submit an application to the inland wetlands agency
not later than the day the application is filed with the Commission.[2]
[2]
Editor's Note: In the Town of Marlborough, the Conservation
Commission acts as the Town's inland wetlands and watercourses agency.
(3)
After submission of the application and receipt at a meeting
of the Commission, the Commission shall, within 65 days, hold a public
hearing on the application.
(4)
The Commission shall notify the town clerk of the adjoining
municipalities by certified mail of the pendency of an application
within seven days of receipt of an application concerning any project
on any site when, in the sole opinion of the Commission:
(a)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site; or
(b)
A significant portion of the sewer or water drainage from the
project on the site will flow through and significantly impact the
municipality; or
(c)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
(5)
The applicant shall permit the ZEO to erect temporary sign(s)
advertising the public hearing on the property at least 10 days prior
to the public hearing.
(6)
If a special permit involves an activity that requires an inland
wetlands and watercourse permit and the time limit for a decision
by the Commission would elapse prior to the 35th day after a decision
by the inland wetlands agency, the time period for a decision shall
be extended to 35 days after the decision of the inland wetlands agency.
(7)
If an application involves an activity regulated pursuant to
the Marlborough Inland Wetlands and Watercourse Area Regulations,
the Commission shall not render a decision on the application until
the inland wetlands agency has submitted a report with its final decision
to the Commission.[3]
[3]
Editor's Note: In the Town of Marlborough, the Conservation
Commission acts as the Town's inland wetlands and watercourses agency.
(8)
The public hearing must be completed within 30 days after such
hearing commences.
(9)
The Commission shall decide upon all applications, except where
previously noted, within 65 days of the close of the public hearing.
(10)
The applicant may request in writing or consent to one or more
extensions of the time periods provided herein for commencement or
completion of hearings or for decisions after completion of hearings,
provided the total period of any such extension of extensions shall
not exceed 30 days for the completion of a hearing and 65 days for
commencement and decisions after hearings have been completed.
(11)
The Commission may approve, approve with conditions, or disapprove
the application. Notice of the decision of the Commission shall be
communicated to the applicant by certified mail within 15 days after
such decision has been rendered. Notice of the decision of the Commission
shall be published in a newspaper having a substantial circulation
in the Town within 15 days after such action has been taken. The reasons
for the action of the Commission shall be set forth in the minutes
of the Commission.
C.
Decision criteria.
(1)
The Commission shall, when reviewing all applications for special
permits, take into consideration the general objectives of the public
health, safety, welfare, convenience and the protection of property
values as well as the particular protection of the immediate neighborhood
in which the application is proposed.
(2)
The Commission shall ensure conformance to all requirements
of the district in which the site is located and the standards contained
below:
(a)
The site plan submitted as part of the application shall satisfy the requirements for site development plan approval as detailed in § 340-5.3 of this chapter.
(b)
The proposed use will be in harmony with the characteristics
of the neighborhood and surrounding area and will not adversely affect
property values in the neighborhood.
(c)
The design, location, height, mass, scale, roof shape and architectural
style of the main and accessory buildings will be compatible with
the buildings in the surrounding area.
(d)
Parking, loading facilities, traffic circulation within the
site, and entrance and exit driveways shall be adequately and properly
located for maximum pedestrian and vehicular safety and convenience.
(e)
Streets providing access to the proposed use shall be adequate
to handle any additional traffic generated by the proposed use and
shall not create unsafe traffic conditions.
(f)
Adequate water supply, sewage disposal, and stormwater drainage
shall be provided to the site.
(g)
Sufficient safeguards shall be provided to protect adjacent
property and the neighborhood in general from detriment.
(h)
The proposed use shall not have a significant impact on any
natural, historical or archaeological resource.
(i)
Due consideration to the plan of development, as amended.
D.
Performance bond. The Commission shall require, as a condition of
approval, that the applicant posts a bond with surety and amount satisfactory
to the Commission to insure conformance with all proposed site improvements
shown on the approved site development plan. The Commission may modify
this requirement for projects with site improvements of less than
$25,000. The bond shall be submitted to the Town Engineer, Town Attorney
and the ZEO for approval, sufficient to cover 115% of the cost of
construction of street improvements, drainage, sewer and water supply,
landscaping and any other site improvements required by the Commission
prior to approval. The bond shall be in the form of a certified check
payable to the Town of Marlborough, a savings passbook with a signed
withdrawal slip for a joint account in the name of the Town and applicant,
or an irrevocable letter of credit from a bank. The bond shall be
posted with the Town in accordance with the approved site plan for
an initial period of two years, unless an extension of time is requested
in writing by the applicant and is approved by the Commission. Copies
of these bond forms can be obtained from the office of the Planning
Coordinator.
E.
Conditional approvals. If the application is approved with stipulations
and/or conditions, one Mylar and four paper copies of the revised
plans and other pertinent documents necessary to satisfy the conditions
of approval shall be submitted to, approved by and signed by the Chairman
or Secretary of the Commission within 90 days from the date of the
conditional approval. The Commission may grant, upon written request
of the applicant, a maximum of two ninety-day extensions. Any plan
or permit not approved and signed by the Commission within the required
time frames shall become null and void. Final approval shall be obtained
at such time as the plans are signed by the Commission.
F.
Filing with the Town Clerk. Upon final approval, the special permit,
with the signed Mylar site development plan, shall be recorded by
the record landowner at his expense in the office of the Marlborough
Town Clerk. Any special permit not so recorded within 90 days following
the date of final approval shall become null and void.
G.
Special permit becomes void.
(1)
Commencement of work. Construction or operation shall commence
and a building permit shall be issued when required within nine months
from the date of final approval of the special permit, or the special
permit becomes void. The Commission may grant, upon written request
of the applicant, a maximum of two one-year extension periods.
(2)
Completion of work. All work associated with the approved special
permit shall be completed within three years from the date that the
special permit has been filed with the Marlborough Town Clerk. The
Commission may grant, upon written request by the applicant, a maximum
of two one-year extensions. In all cases, all work in Connecticut
with such special permit shall be completed within five years after
the plan has been filed with the Town Clerk. Failure to complete all
work within such five-year period shall result in automatic expiration
of the approval of the special permit. For the purposes of this section
of this chapter, "work" shall mean all physical improvements required
by the approved plan.
(3)
Termination of prior special permits. Special permit approval
requires the Commission to consider a particular use for a particular
location in light of all of the circumstances at the time of application
and approval. Those circumstances are subject to change over time.
Accordingly, upon the establishment of any use for which a special
permit is required by this chapter and the issuance of a certificate
of zoning compliance, all previous special permit or site development
plan approvals shall be deemed to have been superseded by the new
special permit approval, and no such use shall thereafter change to
a new special permit or site development plan use without the approval
of the Commission under the applicable procedure.
H.
Partial bond release. The Commission shall not release a portion
of a performance bond to a remaining balance of less than 25% of the
original bond amount in instances where work remains to be performed.
I.
Record drawings and bond release.
(1)
Prior to the issuance of a certificate of occupancy and prior
to the release of the performance bond, the Commission shall require
that one Mylar and four paper copies of a record drawing are submitted
to and approved by the Commission when a site development plan was
included with the special permit.
(2)
Upon written request by the applicant, the Commission shall
have the ZEO, the Town Engineer and, when deemed necessary by the
Commission, the Building Inspector and the Fire Marshal perform an
inspection to determine whether the conditions of approval have been
met and whether all of the required site improvements have been completed
in accordance with the approved plans and permits. Based upon these
findings, the Commission may authorize release of the bond and approval
of the record drawing.
(3)
Upon approval, the signed Mylar record drawing shall be recorded
by the record landowner at his expense in the office of the Marlborough
Town Clerk. Any record drawing not so recorded within 90 days following
the date of approval shall become null and void.
J.
Conditional record drawing approval.
(1)
During the period beginning December 1 and ending April 1 or
due to seasonal or weather-related conditions, the Commission, and
the ZEO where authorized, may at its discretion issue conditional
record drawing approval where plantings, earth grading and seeding
have not been completed.
(2)
The conditional record drawing approval may be issued for a
period not to exceed 180 days. Upon written request by the applicant,
completion of the remaining site work and submission of the record
drawing, the Commission may release the remainder of the bond, and
the Chairman shall sign the record drawing.
K.
Amendments.
(1)
Construction and site improvements shall be completed in strict
compliance with the permit approved by the Commission. However, amendments
to an approved special permit may be made, provided that an application
is submitted to and approved by the ZEO or by the Commission.
(2)
If the ZEO determines that the construction or plan modifications
are of a minor nature and do not materially affect the construction
drawings, the Commission may waive the requirements for a public hearing
only by unanimous vote of the Commission members voting on the request.
L.
Conditions for revocation. A special permit may be subject to revocation by the ZEO if any condition or safeguard imposed by the Commission upon land, buildings, structures and/or uses for said special permit are not strictly adhered to by the applicant and/or landowner. The ZEO shall adhere to the procedures detailed in Article XV of this chapter whenever a special permit must be revoked.
The Commission has identified uses and activities that are temporary
in nature and that have the potential for incompatibility with other
land uses. These uses shall be regulated as follows:
A.
Authority.
(1)
The Zoning Commission may issue, with or without conditions,
temporary use permits for the following purposes in any zone:
(a)
Any outdoor event or commercial venture, such as parades, carnivals,
fairs, auctions, vendors, sales, etc., expected to be attended by
more than 50 members of the general public, as determined by the ZEO,
subject to the following conditions:
[1]
Said event or commercial venture may not run for more than 20
days.
[2]
Speakers, amplifiers or other sound equipment may be used in
conjunction with said event or commercial venture only if their use
is specified in the application.
[3]
A cleanup and restoration bond may be required.
[4]
The Commission may require that adequate police and emergency
services are provided.
(2)
The ZEO may issue, with or without conditions, temporary use
permits for the following purposes:
(b)
A single trailer, subject to the following conditions:
[1]
Said trailer be used as living quarters for the property owner
during construction of a principal residence.
[2]
A building permit issued for that construction.
[3]
An approved sanitary and water supply system be provided.
[4]
Said trailer be removed from the lot on which the construction
takes place within one year from the date of issuance of the temporary
use permit or two weeks after a certificate of occupancy is issued,
whichever comes first.
B.
Application requirements. The application for a temporary use permit
shall include the following:
C.
Application procedure.
(1)
Submission of the application to the administrative official
at least seven days prior to a regularly scheduled meeting.
(2)
After submission of the application and receipt at a meeting
of the Commission, the Commission shall, within 65 days, hold a public
hearing on the application.
(3)
The public hearing must be completed within 30 days of its commencement.
(4)
The Commission shall decide upon all applications within 65
days of the close of the public hearing.
(5)
The Commission may approve, approve with conditions, or disapprove
the application. Notice of the decision of the Commission shall be
communicated to the applicant by certified mail within 15 days after
such decision has been rendered. Notice of the decision of the Commission
shall be published in a newspaper having a substantial circulation
in the Town within 15 days after such action has been taken. The reasons
for the action of the Commission shall be set forth in the minutes
of the Commission.
(6)
The requirement for a public hearing to obtain a temporary use
permit may be waived only by unanimous vote of the Commission members
voting on the request.
(7)
Temporary use permits issued by the ZEO do not have to conform
to the procedural requirements of this section of the regulations.
D.
Decision guidelines. The Commission and the ZEO in evaluating all
applications for temporary use permits shall take into consideration
the general objectives of the public health, safety, welfare, convenience
and the protection of property values. The Commission and the ZEO
shall also ensure that any nuisance or hazardous feature involved
is suitably separated from adjacent uses and a vehicle traffic problem
will not be created. The Commission or the ZEO may approve a temporary
use permit subject to suitable conditions, safeguards and stipulations.
Pursuant to C.G.S. § 8-3(g), a site plan is required for certain uses permitted within this chapter to determine the conformity of a proposed building, use or structure with the provisions of this chapter. This section establishes procedural and informational requirements for site plans. These requirements are in addition to other applicable standards and requirements of this chapter. Site plan applications, except those accompanying a special permit, will be acted upon by the Commission under the provisions of C.G.S. § 8-7d(b). The Commission may hold a public hearing on any site plan. In the case of site plans accompanying a special permit application, the plans will be considered as part of the special permit application, and action on the plan will be taken in accordance with § 340-5.1 of this chapter.
B.
Application procedure.
(1)
Informal discussion of site plans.
(a)
Any applicant for a use requiring site plan approval may request
the placement of the proposal on the agenda of a regular or special
meeting of the Commission for the purpose of presenting preliminary
plans or concepts and receiving preliminary comments, observations
and questions, and identifying areas of concern. At this time the
purpose of the informal discussion(s) is to minimize delay, expense
and inconvenience to all interested parties and to assist a potential
applicant in understanding appropriate design parameters desired by
the Town. The informal discussion shall not be deemed to constitute
any portion of the official and formal procedure of applying for a
site plan. Neither the proponent nor the Commission shall be in any
way bound by statements made in such informal discussions.
(b)
At the informal discussion of the Commission, the applicant
may request a full or partial waiver of site plan requirements under
this article of the chapter above. Following informal discussion,
the Commission may suggest that the proposal, or certain aspects thereof,
be referred to other municipal, state or federal agencies for review
and comments or may advise the potential applicant that additional
information will be required prior to action on a formal application
for site plan approval.
(2)
Submission of the application to the administrative official
must be made at least six days prior to a regularly scheduled meeting.
The official date of receipt of a site plan application will be the
next regularly scheduled meeting of the Commission immediately following
the day of submission of the complete application to the Commission's
designated agent or 35 days, whichever is sooner.
(3)
If any proposed activity is under the jurisdiction of the Marlborough
Conservation Commission[1] under provisions of C.G.S. Chapter 440, the report of
said Commission, together with any permit issued for regulated activities,
will be submitted with the site plan. In accordance with Connecticut
General Statutes, the Commission will not act on a site plan application
until the report of the Conservation Commission has been received
and considered.
[1]
Editor's Note: In the Town of Marlborough, the Conservation
Commission acts as the Town's inland wetlands and watercourses agency.
(4)
After submission of the application and its receipt, the Commission
shall within 65 days render a decision on the application. The applicant
may consent in writing to up to an additional 65 days to process the
application.
(5)
The Commission shall notify the town clerk of the adjoining
municipality by certified mail of the pendency of any application
within seven days of receipt of an application concerning any project
on any site when in the sole opinion of the Commission:
(a)
Any portion of the property affected by a decision of the Commission
is within 500 feet of the boundary of the adjoining municipality;
or
(b)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site; or
(c)
A significant portion of the sewer or water drainage from the
project on the site will flow through and significantly impact the
drainage or sewerage system within the adjoining municipality; or
(d)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
(6)
The Commission may approve, approve with conditions, or disapprove
the application. Notice of the decision of the Commission shall be
communicated to the applicant by certified mail within 15 days after
such decision has been rendered. Notice of the decision of the Commission
shall be published in a newspaper having a substantial circulation
in the Town within 15 days after such action has been taken. The Commission
shall state on the record its reason for its decision.
C.
Application requirements. The site development plan application shall
include the following:
(1)
An application fee and technical review fee.
(2)
Statement of use. A written statement, signed by the applicant
and by the owner if different from the applicant, describing the nature
and extent of the proposed use or occupancy in sufficient detail to
determine compliance with the use provisions of this chapter. The
written statement will include a declaration as to the nature and
extent of the proposed use or occupancy; a description of provisions
for water supply, sewage disposal, solid and liquid waste, drainage
and other utilities; the number of persons estimated to occupy or
visit the premises on a daily basis; the basis for determining parking
and loading requirements and an estimate of the type of vehicular
traffic and number of vehicles generated on a daily basis and at peak
hour; and disclosure of any toxic or hazardous substances used, stored
or processed in connection with the proposed use or occupancy.
(3)
Additional site plan submission requirements. The Commission
may require that written reports be prepared and submitted as part
of any site plan submission. Reports which may be required include
reports on sewage disposal, water supply, fire protection measures,
management of stormwater runoff, traffic generation, storage of hazardous
materials, protection of significant archeological sites, or any other
aspect of existing and proposed development as the Commission may
deem necessary to determine conformance with the intent of this chapter.
(4)
In the case of uses requiring approval of any department of
the State of Connecticut, the plans shall be submitted to said department.
The tentative staff approval shall be issued in writing by the department
before final approval shall be issued by the Commission.
(5)
An itemized cost estimate for site plan improvements, along
with corresponding unit prices.
(6)
Seven copies of the site plan drawn at a scale of one inch equals
40 feet or smaller (but in no case shall the map exceed 24 inches
by 36 inches), which shall include the following:
(a)
Title of development, date, North point, scale (one inch equals
800 feet), key map, name and address of record owner, and name of
the professional preparing the site plan.
(b)
A class A-2 survey of the property indicating all distances,
bearings and the area of the site and any abutting streets prepared
by a land surveyor registered in the State of Connecticut. All plans
shall be prepared, signed and sealed by a Connecticut-registered professional
engineer, architect or landscape architect, whichever shall be appropriate.
(c)
Location and dimensions of all existing and proposed easements
and rights-of-way.
(d)
A table summarizing the proposed and required zoning information,
as follows: lot size, setbacks, required yards, floor area devoted
to use, building height, lot coverage, building coverage, parking
calculations, landscaping and any other specific site elements required
by this chapter.
(e)
The boundaries of the subject parcel and adjacent property lines
within 100 feet of the lot lines of the subject parcel.
(f)
Location and use of all existing and proposed structures.
[1]
Location of all uses not requiring structures.
[2]
Location and dimensions of all proposed outdoor signs.
[3]
Location of roads, internal circulation, driveways, parking
and loading areas with the number of stalls provided therewith, and
pedestrian walkways or other means of separation.
[4]
Location and dimensions of all man-made features in adjoining
streets or sites within 100 feet of the subject parcel.
[5]
Notations to reference all previous approvals issued by all
authorities to include dates, conditions, site plan references, and
permit numbers.
[6]
Location and construction design details of all existing and
proposed sidewalks, driveways, parking areas, and stormwater drainage
structures. Location of buffer strips and screening, showing the type,
size and species of shrubs, trees or other plantings.
[7]
The height, bulk, use and location of all buildings; typical
floor plans or other plans for the use of interior spaces of proposed
buildings; the exterior appearance of proposed buildings, including
exterior elevations, roof plan, designation of materials, colors and
textures of exterior finishes, doors, windows, roofing, trim and the
like; location of heating, air-conditioning, ventilation and similar
equipment; and special exterior features, such as building-mounted
signs, drive-in windows, building or roof lighting, roof drainage/gutters,
and features on the interior of the building designed to be capable
of being seen from the exterior.
[8]
The location, dimensions, square footage (both ground floor
and total), height and type of construction of all buildings or structures,
including fences, walls, signs, lighting fixtures, flagpoles and the
like. All signs of any type whatsoever shall be indicated on the site
and building plans, as applicable, indicating location, number, size,
color, method of illumination and type.
[9]
Any change whatsoever to any of the existing features depicted
on any previous approved site plan, but not limited to: proposed uses
of land, including uses not requiring a structure or building; the
amount of land and/or buildings dedicated to each use; proposed grades
at two-foot contours or less; any signs, accessory structures, fences,
walls or other similar structures; location and details for the collecting
and handling of refuse; the location of gas, electric and other utilities
to be provided, and whether utility lines shall be placed above or
beneath the ground.
(g)
The existing and proposed topographic contours of the land and
abutting streets with intervals of two feet or spot elevations where
necessary.
(h)
A plan and design details of the proposed method of sanitary
waste disposal and source of potable water supply.
(i)
Exterior lighting.
[1]
The type, location and size of any exterior lighting and all
exterior lighting fixtures, including:
[a]
Description and photographic illustration of each
exterior lighting fixture, including component specifications such
as luminaires, reflectors, optics, angle of cutoff, supports and poles;
[b]
Locations and descriptions of each exterior lighting
fixture and hours of operation, aiming angles and mounting heights;
[c]
Computer-generated photometric grid showing footcandle
readings every 10 feet and the average footcandles for either or both
of horizontal and vertical illumination levels (depending on the application);
[d]
Foundation and details of all poles, trusses and
other freestanding structures supporting exterior lighting fixtures;
[e]
A compliance certificate executed by the applicant and any lighting consultant engaged by such applicant, detailing the conformance of each exterior lighting fixture to the standards described in § 340-3.16 of this chapter (or in the event of a nonconforming exterior lighting fixture pursuant to § 340-3.16F of this chapter, the information required by such subsection).
[2]
If a special permit applicable pursuant to § 340-3.16E of this chapter is submitted, such compliance certificate shall also describe, in detail, the compliance of all exterior lighting with the recommended practices of the IESNA with respect to the exterior lighting applications described in such site plan application.
(j)
Location of existing watercourses, wetlands, wooded areas, flood
hazard areas, ledge outcrops, single trees with a diameter of 20 inches
or more measured three feet above the base of the trunk, with an indication
of whether they are to be retained.
(k)
Sedimentation and erosion control plans.
(l)
Designated handicapped parking and ramps.
(m)
A note stating. "Perpetual care and maintenance shall be performed
by owner on plantings, seedlings and site improvements."
(o)
Zone district boundaries within 100 feet of the site.
(p)
The following approval block.
|
MARLBOROUGH ZONING COMMISSION, MARLBOROUGH, CT
| ||
|---|---|---|
|
DATE APPROVED
|
DATE OF EXPIRATION
| |
|
|
CHAIRMAN
| |
|
|
SECRETARY
| |
(q)
All test pit and percolation test data and the dates that the
tests were performed.
D.
Performance standards and criteria. The following criteria shall
be satisfied to protect the public health, safety and welfare of the
public at large. The applicant shall furnish in writing together with
any application for use sufficient evidence that the proposed use
will not produce any nuisance in excess of the measurable performance
standards listed below.
(1)
No smoke or other air contaminant shall be discharged into the
atmosphere for a period or periods aggregating more than three minutes
in any one hour which is darker in shade than is designated at No.
2 on the Ringlemann Chart, as published by the United States Bureau
of Mines, or which is of such capacity as to obscure an observer's
view to a degree equal to or greater than does smoke designated at
No. 2 on the Ringlemann Chart.
(2)
Offensive odors, as defined by Section 22a-174-23 of the regulations
promulgated by the Connecticut Department of Energy and Environmental
Protection, shall not discharge beyond the property line of an operation
that stores, uses or produces a substance which will cause said odor.
Any determination of a violation of Section 22a-174-23, as may be
amended from time to time, constitutes a violation of this provision.
Where lot lines bounding an industrial use adjoin a residential district,
there shall be no offensive odors noticeable at said lot's property
lines.
(3)
No noise or vibration which is objectionable due to volume,
frequency or shrillness shall be transmitted outside the property
where it originates.
(4)
No offensive or harmful wastes shall be discharged into any
stream, watercourse, adjoining property, sanitary sewer, septic system,
or storm drain.
(5)
No activity shall be conducted which is hazardous or dangerous
to persons or property.
E.
Building design standards. Architectural renderings of the building
elevations (front/side/rear) shall be submitted to the Commission
for its review and approval along with a floor plan. The facade of
all buildings that are visible from any street or other public areas
shall be of some architectural treatment approved by the Commission.
(1)
Exterior siding materials shall be of decorative masonry, wood,
metal, stone or approved alternate material. Exterior design features,
including materials, texture, color and trim detailing, shall be included
on all building elevations to the extent which maintains overall design
continuity.
(2)
Monotonous building forms are to be avoided by using various
methods to help create interest and reduce scale. Examples include
the staggering of vertical walls, recessing openings, providing upper-level
roof overhangs, using deep score lines at construction joints, contrasting
compatible building materials, and using horizontal bands of compatible
colors. A variety in roof shapes and form is encouraged to add diversity
of the buildings as well to enhance scale and complement the features
of nearby buildings. Where parapet walls are used, they should be
treated as an integral part of the building design.
(3)
The size of windows and doors should relate to the size of the
wall in which they appear. Monotonous repetition should be avoided
where possible in the location, size and shape of windows and small
doors. Mirrors or highly reflective glass shall not cover more than
20% of a building surface visible from a street. Additionally, utility
doors, fire doors, loading docks and other potentially unsightly service
features should be designed to blend with the building's architecture.
(4)
Primary buildings in close proximity on the same property should
have harmonious proportions and similar architectural styles. Nearby
accessory buildings should be of compatible design and treatment.
(5)
Mixed-use buildings containing nonindustrial uses should highlight
the public entry to the structure to create a sense of human scale
and to emphasize a primary entry feature.
(6)
The mixing of unrelated architectural styles, materials and
details is to be avoided.
(7)
All HVAC and other building utility systems shall be screened
from view from the public street and abutting property.
F.
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)
Design 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.
(5)
The area between the buildings and the street shall be landscaped
in a way to provide visual interest, with a mixture of grass, different
species of shrubs, trees, ground cover, annuals and perennial plants,
except for walks, drives, flagpoles, and other landscaping and ornamentation.
(6)
Buffer strips of 50 feet shall be necessary when the site is
abutting a residential zone. If existing vegetation does not provide
an adequate buffer, the area shall be supplemented with hardy indigenous
plant material, shrubs and trees.
(7)
Low-impact stormwater design best management practices shall
be an integral part of all drainage and landscaping plans.
G.
Pedestrian access. On-site pedestrian walkways shall be provided
between parking areas and the building, as well as a walkway across
the frontage of the lot along the public street that terminates at
the abutting property line. Sidewalks shall be six feet wide and set
back 10 feet from the curbline of a public street; however, the Commission
may vary these standards based on site conditions and the ability
to make linkages to other sidewalks. The applicant is to provide site
interior walkways that link street/drive walks with existing or future
multimodal sidewalk/trail system.
H.
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. Switching-gear
cabinets, transformers and similar aboveground utility equipment shall
be installed as shown on the site development plan, and a proper landscaping
plan shall be submitted to screen these structures from view from
abutting property and the public street.
I.
Sewage disposal.
(1)
The
Commission shall not approve any special permit or site plan application
unless and until the Commission has been provided with a positive
tentative staff determination from the applicable governing authority
with respect to the compliance of the proposed sewage disposal system
with applicable statutory and regulatory requirements and/or from
the Marlborough Water Pollution Control Authority if the site is to
be serviced by sanitary sewers or a community septic system.
(2)
Additionally,
if the application proposes a community sewage disposal system, as
a condition to any approval granted by the Commission, the applicant
shall present to the Commission acknowledgement from the Marlborough
Water Pollution Control Authority that it has approved an operation
and maintenance agreement, including an escrow account for the maintenance
and repair of said community sewage disposal system.
J.
Water supply.
(1)
The Commission shall not approve any special permit or site
plan application unless and until the Commission has been provided
with:
(a)
If the proposed water system is not a community water system
as defined by the State Department of Health and State Department
of Utility Control, a letter of approval for the well location from
the Chatham Health District; or
(b)
If the proposed water system is a community water system as
defined by the State Department of Health and State Department of
Utility Control, a letter from the exclusive service area provider
acknowledging the submission of the application and its interest in
ownership of said system, together with a Phase I-A approval from
the State Department of Public Health and State 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.
(2)
Any approval granted by the Commission shall be conditioned
upon receipt by the Commission of a Phase I-B approval from the State
Department of Public Health and State Department of Public Utilities
Control prior to issuance of any building or zoning permits for the
construction of any buildings.
K.
Stormwater management.
(1)
Purpose is to establish stormwater management requirements and
controls to protect and safeguard the quality of the groundwater and
surface water resources of Marlborough and to reduce adverse impacts
associated with increases in peak rates of stormwater runoff.
(2)
Objective.
(a)
Incorporate decentralized stormwater management systems in any
new development designs;
(b)
Minimize the increases in peak rates of stormwater runoff from
any development in order to reduce flooding, siltation and stream
bank erosion, and to maintain the integrity of stream channels and
downstream drainage structures;
(c)
Minimize the increase in non-point-source pollution caused by
stormwater runoff from development which would otherwise degrade local
groundwater and surface water quality;
(d)
Minimize the total volume of surface water runoff which flows
from any specific site during and following development to not exceed
the predevelopment hydrologic regime to the maximum extent practicable;
(e)
Reduce stormwater runoff rates and volumes, soil erosion and
non-point-source pollution wherever possible through stormwater management
controls and to ensure that these management controls are properly
maintained and designed to minimize potential threats to public safety.
(3)
Design and performance criteria. In order to prevent the adverse
impacts of stormwater runoff, the Commission has developed a set of
performance standards that must be addressed in the design of any
new site development plan or modification to an existing site development
plan that disturbs 5,000 square feet or more of area.
(a)
All stormwater runoff generated from new development shall not
discharge stormwater runoff directly into a natural wetlands system,
water body, municipal drainage system or abutting property without
adequate pretreatment;
(b)
A vegetative separation shall be maintained to provide a disconnection
between impervious surfaces and the natural wetland systems of the
site and abutting sites;
(c)
All stormwater best management practices shall be designed to
minimize the need for maintenance while maintaining water quality
discharge treatment standards;
(d)
All site development plans shall be designed to minimize the
need for stream bank/channel protection for the receiving natural
system, but when required shall include provisions to prevent erosion
and scouring of the stream bank/channel;
(e)
The design of all stormwater best management practices shall
convey stormwater runoff in a manner to allow for the maximum removal
of pollutants and reduction in flow velocities;
(f)
Stormwater discharges from land uses or activities with a higher
potential pollutant loading may require the use of specific pretreatment
structural methods and pollution prevention practices;
(g)
All site development plans shall include the design of stormwater
detention or retention facilities to attenuate the increase in peak
rates of stormwater runoff for the two-, five-, ten-, twenty-five-
and one-hundred-year twenty-four-hour-duration storm events to provide
for a zero post-development increase whenever practical.
(4)
Sensitive waters and wetlands: enhanced criteria.
(a)
Stormwater discharges to critical areas with sensitive resources,
such as the Blackledge River, Dickinson Creek, Lyman Brook, Fawn Brook,
Flat Brook, Lake Terramuggus and their contiguous wetlands, may be
subject to additional performance criteria or may need to utilize
or restrict certain stormwater management practices. Land development
that discharges to sensitive waters and wetlands as noted above shall
meet enhanced criteria. These may include but are not limited to:
[1]
Nutrient sensitive waters. Enhanced control of nutrients and
sediment removal for stormwater discharges shall be required.
[2]
Cold-water fisheries. Techniques to control temperature increases
from stormwater discharges into these streams and water bodies shall
be required.
[3]
Groundwater. Enhanced recharge and pretreatment of stormwater
discharges shall be required to protect groundwater supplies.
[4]
Wetlands. Controls to minimize impacts to the natural or predevelopment
wetland hydrology, including limiting adverse fluctuations in surface
water and groundwater elevations.
(b)
In these cases, the Commission may require additional storage
capacity, treatment, filtering, infiltration or other mitigation techniques.
The use of nonstructural practices shall be used to the maximum extent
practical to meet enhanced criteria. In making its determination to
apply enhanced criteria, the Commission shall consider the cumulative
impacts of the site development plan.
(5)
Stormwater management plan requirements.
(a)
All stormwater management plans shall include measures to capture
and treat stormwater runoff in accordance with the guidelines outlined
in the most recent version of the Connecticut DEEP Stormwater Quality
Manual and to incorporate low-impact development design elements to
the extent that is practical.
(b)
No application for a development involving any site development
plan will be approved by the Commission unless it includes a stormwater
management plan detailing how the stormwater runoff and associated
water quality impacts resulting from the development will be controlled
and managed during and after construction. The plan must be prepared
by an appropriate design professional.
(c)
The Commission may impose additional requirements deemed reasonable
and necessary to control the volume, timing, rate and/or quality of
runoff if the hydrologic, geologic, topographic or land use conditions
warrant greater control than provided by the applicant. Further, the
Commission may restrict the use of certain BMPs and may require pretreatment
to exceed the minimum standards established in the most recent version
of the Connecticut DEEP Stormwater Quality Manual.
(6)
Compliance with federal and state regulations. All stormwater
facilities and conveyance systems shall be designed in compliance
with all applicable Town, state and federal laws and regulations.
It shall be the applicant's sole responsibility to identify and obtain
all required permits prior to the start of any construction.
(7)
Protection of public health, safety and general welfare. The
design of stormwater BMPs shall consider public health, safety and
general welfare. These considerations shall include, but not be limited
to: preventing flooding of buildings, structures and travelways; preventing
long-term standing water in and near drainage facilities; minimize
the creation of mosquitoes' breeding pools; preventing attractive
nuisance conditions and dangerous conditions due to stormwater depth
or velocity and/or access to drainage structures, including inlet
and outlet openings. In addition, designs shall not result in the
creation of aesthetic nuisances due to excessive slopes, cuts and
fills, lack of suitable native landscaping and other similar conditions
that would detract from the appearance of the surrounding environment.
(8)
Natural resource inventory.
(a)
Stormwater management designs shall include an inventory of
important natural resources features on the site, and these features
shall be shown on the stormwater management plan. Protection and/or
conservation of the site's natural features shall be a part of the
stormwater management plan.
(b)
The plan shall identify important natural features identified
through a natural resources inventory that includes but shall not
be limited to the following: natural drainage features, riparian buffers,
wetlands, steep slopes, soils with high infiltration capacity, significant
forest cover, significant trees and natural communities, including
the presence of any threatened and/or endangered species.
(9)
Site design feasibility report.
(a)
Stormwater management practices for a site shall be selected
on the basis of the physical characteristics of the site. The design
professional shall submit a report outlining the stormwater practices
options, including low-impact alternatives, that were considered and
those that were chosen for the design based on the evaluation and
analysis of site opportunities and constraints. Among the factors
that should be considered:
(b)
A soils report based on on-site boring logs or soil test pit
data shall be submitted with all designs. The number and location
of soil borings/test pits and associated soil testing shall be that
which is necessary to determine the suitability and distribution of
soil types present at the location of the proposed stormwater measures
as shown on the site development plan.
(10)
Infiltration. All stormwater designs shall include infiltration
for any new site development unless the site design feasibility report
and associated soils report demonstrate that the physical characteristics
of the site are not suitable. Low-impact design elements utilized
for infiltration of discharge into a natural system shall utilize
native plant species.
(11)
Overland flood routes.
(a)
Overland flood-routing paths shall be provided to safely convey
stormwater runoff from the one-hundred-year, twenty-four-hour-duration
storm event to receiving water resource or stormwater BMP with adequate
hydraulic capacity, such that the runoff is contained within a drainage
easement for the flood-routing path that does not cause flooding of
buildings and abutting properties.
(b)
There shall be an allowance in all designs for a minimum of
one foot of freeboard for all flood-conveyance systems and flood-control
structures.
(12)
Stormwater conveyance. Stormwater conveyance systems shall be
designed to:
(13)
Velocity dissipation. Devices and techniques to reduce stormwater
velocities and prevent erosion shall be placed at discharge outlet
locations and along or within the full length of any outlet channels
to convey and discharge peak design flows in a manner that will not
result in scouring or surface erosion, including receiving streams
or channels or wetlands, so that the natural physical and biological
characteristics and functions of the receiving waters are maintained
and protected.
(14)
Landscaping/planting plan.
(a)
All stormwater management designs shall include a detailed landscaping
plan that identifies the types (both common and botanical names),
locations, sizes and total number of all proposed plantings. Planting
notes and details shall also be provided as well as a maintenance
and management plan to ensure the long-term viability of all plantings.
In addition, the landscaping plan shall include a stabilization schedule
for the revegetation of all disturbed areas of the site. Any area
of land from which the natural vegetative cover has been either partially
or wholly cleared or removed by development activities shall be seeded
with temporary vegetation within seven days after the suspension of
grading work which is expected to last a period of 30 days or more.
Permanent vegetation shall be fully established by the date of substantial
completion of construction.
(b)
Following the first year after the establishment of permanent
vegetation and the completion of all landscaping plantings, an inspection
shall be conducted by the Town to confirm their health and survival.
Should any permanent vegetation or plantings be determined to be dead
or dying following the one-year period, then they shall be revegetated
or replaced. A second inspection shall then be conducted by the Town
one year from any subsequent revegetation or replanting.
(15)
Nonstructural stormwater practices. To the extent that they
are feasible, the use of nonstructural stormwater treatment practices
are required and shall be selected and designed using the appropriate
criteria from the most recent version of the Connecticut DEEP Stormwater
Quality Manual or other appropriate low-impact design manuals acceptable
to the Commission.
(16)
Structural stormwater practices. All structural stormwater management
facilities shall be selected and designed using the appropriate criteria
from the most recent version of the Connecticut DEEP Stormwater Quality
Manual. For other structural stormwater controls not included in the
Connecticut DEEP Stormwater Quality Manual or for which pollutant
removal rates have not been provided, the effectiveness and pollutant
removal of the structural control must be documented through prior
studies, literature reviews, or other means acceptable to the Commission
before approval of any design utilizing such structural stormwater
controls.
(17)
Discharge to municipal stormwater system. If any stormwater runoff from a new or modified site development plan is discharged to a municipal separate storm sewer system (MS4) or other publicly, municipally or privately owned storm sewer system, the applicant must demonstrate that the existing storm sewer system has adequate excess hydraulic capacity to convey both increases in peak discharge flow rates and in runoff volumes. In addition, all such discharges shall conform to all the requirements contained in the applicable general permit for the discharge of stormwater and dewatering wastewaters from construction activities, the general permit for the discharge of stormwater associated with industrial activity, or the general permit for the discharge of stormwater associated with commercial activity, as originally issued and reissued. All new or modified site development shall also conform in all respects to the Town of Marlborough Illicit Discharge Detection and Elimination Ordinance, as amended (Chapter 301, Article I, of the Town Code).
(18)
Operation, inspection and maintenance plan agreement and schedule.
(a)
An enforceable operation, inspection and maintenance plan agreement
and schedule shall be executed to ensure that the stormwater management
plan facilities function as designed and approved. The agreement shall
designate the responsible party for the long-term maintenance of the
approved stormwater management facilities and include a provision
passing the responsibility for such maintenance to successors in title.
This agreement shall include easements to the Town allowing access
to all stormwater management plan facilities at reasonable times for
periodic inspection by the Town and/or its agents to ensure that the
facilities are being properly maintained and in good working order.
Said easements shall be executed and recorded in the Marlborough Land
Records with filing of the final endorsed plan.
(b)
The design and planning of all stormwater management plan facilities
shall include detailed inspection procedures and frequencies, maintenance
plans and schedules, as well as repair procedures to ensure their
continued long-term function. These items shall identify the components
of the stormwater management system that need to be inspected and
maintained, provide a maintenance schedule for each facility and the
equipment necessary to perform that maintenance. Provisions for the
periodic review and evaluation of the effectiveness of the maintenance
program and the need for revisions or additional maintenance procedures
shall be included in the plan.
(c)
All stormwater management facilities must undergo, at a minimum,
an annual inspection to document maintenance and repair needs and
to ensure compliance with the requirements of the Connecticut DEEP
Stormwater Quality Manual and any additional conditions assigned by
the Commission. Any maintenance and/or repair needs found must be
addressed in a timely manner by the owner and a reinspection made
confirming the completion of the identified items. The owner shall
submit to the Commission annually a copy of the inspection report
and, if necessary, any reinspection reports. If the responsible party
fails or refuses to fully address all items identified in an inspection
report after 30 days' notice from the Commission of such failure to
comply, the Commission shall commence enforcement action to achieve
compliance.
(19)
Substantive changes to plan. No changes shall be made to an
approved stormwater management plan without review and written approval
by Town staff or if any such changes are determined to be substantive
by the Commission. Additional data may be requested to allow for a
complete review and evaluation of proposed changes to ensure compliance
with the required discharge standards.
L.
Decision criteria.
(1)
The Commission shall, when reviewing all site development plan
applications, take into consideration the general objectives of the
public health, safety, welfare, convenience and the protection of
property values as well as the particular protection of the immediate
neighborhood in which the application is proposed.
(2)
The Commission shall ensure conformance to all requirements
of the district in which the site is located and to the standards
contained below:
(a)
The site and all buildings, structures and uses shall be accessible
for fire, police and other emergency vehicle service, which shall
be accomplished through the review and report submitted by the Town
Fire Marshal.
(b)
The site and all buildings, structures and uses shall comply
with the State Building Code, specifically in regard to the requirements
for handicapped access.
(c)
Parking, loading facilities, traffic circulation within the
site, and entrance and exit driveways shall be adequately and properly
located for maximum pedestrian and vehicular safety.
(d)
Landscaping on the site shall comply with the intent and the standards of Article XIII, and all refuse collection areas, parking, service and loading areas shall be suitably screened and/or enclosed by plantings, wall and fencing from the adjacent areas and public rights-of-way.
(e)
The stormwater drainage systems shall be designed to minimize soil erosion and to prevent off-site impacts and in compliance with the requirements of Subsection K above. The Commission may require that the overall drainage systems shall be designed such that the runoff rate outside of the development does not exceed the rate which existed before development and the use of low-impact development stormwater management best practices.
(f)
Due consideration to the Plan of Conservation and Development,
as amended.
M.
Performance/maintenance bond.
(1)
A performance bond shall be posted in an amount to be determined
by the Commission based on a review of Town staff recommendations
for the current construction costs of all proposed site improvements
shown on the approved site development plan and all sediment and erosion
control measures, site restoration, and landscape/planting plan improvements,
plus a contingency allowance of 20%. Posting of the performance bond
and a bond agreement shall be executed prior to the endorsement of
the record plan and the commencement of any construction activity.
No bond will be released in whole or in part for any portion of the
stormwater management system until an as-built plan demonstrating
substantial conformance with the approved stormwater management plan
has been submitted and approved by the Commission.
(2)
The bond shall be posted with the Town in accordance with the
approved site plan for an initial period of three years and include
two one-year automatic renewals. Copies of these bond forms can be
obtained from the office of the Planning and Development Director.
The bond shall be in the form of a certified check payable to the
Town of Marlborough, a savings passbook with a signed withdrawal slip
for a joint account in the name of the Town and applicant, or an irrevocable
letter of credit from a bank maintaining offices in Hartford, Middlesex,
New London and/or Tolland Counties.
(3)
A maintenance bond, equal to at least 20% of the amount of the
original performance bond amount, shall be held by the Commission
for a period of one year following the approval of the as-built plan.
At the discretion of the Commission, the maintenance bond period may
be extended for an additional one-year period due to poor vegetative
growth, structural failures, or other similar matters that impact
the proper function and performance of stormwater management facilities,
survival of the landscaping, or other compliance with the original
approval.
N.
Record drawings and bond release.
(1)
Prior to the issuance of a certificate of occupancy and compliance
and prior to the release of the performance bond to a maintenance
bond, the Commission requires that one Mylar and two paper copies
of the as-built record drawing are submitted to the Commission for
the finding of compliance with the approval granted.
(2)
On the finding of compliance of the original approval, the Commission
will sign the Mylar as-built record drawing, and the applicant shall
record it at his expense in the office of the Marlborough Town Clerk
prior to issuance of the certificate of occupancy.
O.
Conditional approvals. If the application is approved with stipulations
and/or conditions, one Mylar and three paper copies of the revised
plans and other pertinent documents necessary to satisfy the conditions
of approval shall be submitted to, approved by and signed by the Commission
within 90 days from the date of the conditional approval. The Commission
may grant, upon written request of the applicant, a maximum of two
ninety-day extensions. Any plan or permit not approved and signed
by the Commission within the required time frames shall become null
and void. Final approval shall be obtained at such time as the plans
are signed by the Commission.
P.
Filing with the Town Clerk. Upon final approval, the approved site
development plan application, with the signed Mylar site development
plan, shall be recorded by the record landowner at his expense in
the office of the Marlborough Town Clerk. Any site development plan
not so recorded within 90 days following the date of final approval
and signature by the Commission shall become null and void.
Q.
Site plan becomes void.
(1)
All work associated with the approved site development plan
shall be completed within three years from the date that the site
development plan has been filed with the Marlborough Town Clerk. The
Commission may grant, upon written request of the applicant, a maximum
of two one-year extensions. In all cases, all work in connection with
such site development plan shall be completed within five years after
the plan has been filed with the Marlborough Town Clerk.
(2)
Failure to complete all work within such five-year period shall
result in automatic expiration of the approval of the site development
plan. For the purposes of this section of the chapter, "work" shall
mean all physical improvements required by the approved plan.
R.
Conditional record drawing approval. During the period beginning
December 1 and ending April 1 or due to seasonal or weather-related
conditions, the Commission and the ZEO, where authorized, may at their
discretion issue conditional as-built record drawing approval where
plantings, earth grading and seeding have not been completed. The
conditional as-built record drawing approval may be issued for a period
not to exceed 180 days. Upon written request by the applicant, completion
of the remaining site work and submission of the record drawing, the
Commission may release the remainder of the bond and the Chairman
shall sign the record drawing.
S.
Amendments. Construction and site improvements shall be completed
in strict compliance with the permit approved by the Commission. However,
amendments to an approved site plan may be made, provided that an
application is submitted to and approved by the ZEO or by the Commission
as provided in this subsection. If the ZEO determines that the construction
or plan modifications are of a minor nature and do not materially
affect the permit, the ZEO may approve a set of modified site plans
and construction drawings. If the ZEO determines that the construction
or plan modifications are a significant amendment, the Commission
may approve a set of modified site plans and construction drawings.
T.
Conditions for revocation. A site development plan may be subject to revocation by the Commission, upon initiation of the process by the ZEO, if any condition or safeguard imposed by the Commission upon land, buildings, structures and/or uses for said site development plan are not strictly adhered to by the applicant and/or landowner. The ZEO shall adhere to the procedures detailed in Article XV of this chapter whenever a site development plan must be revoked.
U.
Waiver of site plan requirements.
(1)
In addition to uses and activities specifically exempted from
site plan requirements by this chapter, the Commission may waive requirements
for a site plan if it determines that a proposed activity will not
affect existing traffic circulation or result in an increase in the
need for parking, nor will it entail any significant exterior change
to a building or site, nor will the new activity have an impact substantially
different from the existing use from which the change is requested.
A request for a waiver of site plan requirements will be submitted
in writing by the property owner or owner's agent at the time of application.
A Commission decision to waive site plan requirements may be made
based on informal discussion of the activity at a regular or special
Commission meeting.
(2)
Also, a partial waiver of site plan information requirements
may be granted to avoid unnecessary delay and expense for an applicant
whose proposed activity is minor in nature and limited in its impact
on the surrounding area. The Commission may, at its sole discretion,
exempt any application from specific information requirements as set
forth in this section. The exemption may be approved if the Commission
finds that the information would not aid the Commission in its determination
of the application's compliance with this chapter. A request for a
partial waiver of site plan requirements will be submitted in writing
by the property owner or owner's agent at the time of application.
