Town of Marlborough, CT Special Regulations

[Amended 5-7-2015, effective 6-1-2015]

[Amended 4-5-2018]

The purpose of this section is to further promote the public health, safety and welfare by providing adequate standards to control the location, height, size, number, illumination and overall design of signs. The specific requirements and standards of this section have been formulated to prevent undue distraction of motorists and pedestrians, to ensure compatibility of signs with permitted land uses, to provide reasonable standards by which uses within various zones may relate their function to the general public, and to preserve the general welfare by controlling the aesthetics and attractiveness of signs in order to:

(1)

Protect the residential, commercial, industrial and recreational character of each zone.

(2)

Mitigate any negative impact on adjoining properties.

(3)

Assist in achieving a more desirable environment in order to maintain property values and to encourage economic growth.

Residential zones.

(1)

Permitted signs. Subject to the provisions of this § 340-13.1 and solely in connection with a legal use maintained at a lot in a residential zone which is permitted as of right or is legally maintained following the issuance of a zoning permit or a special permit, pursuant to Article VI or Article XII (as applicable) of these regulations, the following signs may be placed in a residential zone:

Type of Sign	Permitted Size (square feet)	Zoning Permit Size (square feet)	Maximum Size (square feet)
Address sign	2	—	2
Contractor's sign	6	—	6
Detached sign¹	—	4	10
Development sign	—	10	20
Home occupation sign²	—	4	4
Nameplate sign	2	—	2
Political sign	6	—	6
Protection sign	2	—	2
Public interest sign	—	16	32
Public safety sign	2	—	2
Temporary event sign³	—	16	32
Temporary real estate sign	6	—	6
Temporary tag sale sign	3	—	3

NOTES:
¹	Detached signs are only permitted in a residential zone in connection with those uses, other than a home occupation, legally maintained under these regulations following issuance of a special permit pursuant to § 340-6.3A, which require the visitation of the public or other parties not owning or occupying the lot.
²	Home occupations signs are only permitted in a residential zone in connection with a home occupation legally maintained under these regulations following issuance of a special permit pursuant to § 340-6.3A.
³	Temporary event signs are only permitted in a residential zone on lots owned by a public interest organization.

(2)

Prohibited signs. Only signs expressly permitted pursuant to Subsection B(1) shall be permitted in a residential zone. All other signs are strictly prohibited.

(3)

Number of signs.

(a)

Except as described in this § 340-13.1, and subject to the application requirements and sign standards set forth in this § 340-13.1, any person or entity which is an owner of a lot in a residential zone shall be permitted to place the following number of signs on such lot: one of the following signs: detached sign, home occupation sign or public interest sign, plus one nameplate sign or one address sign, plus one contractor's sign, temporary event sign, temporary real estate sign or temporary tag sale sign, plus as many political signs or protection signs or public safety signs as permitted under this § 340-13.1.

(b)

Any person or entity that is not an owner of a lot in a residential zone shall not be permitted to place any signs on any lot within a residential zone.

(c)

Any detached sign, home occupation sign, political sign, public interest sign, public safety sign, temporary event sign, temporary real estate sign, and temporary tag sale sign having two identical sign faces placed back-to-back in a manner such that each sign face is no more than six inches apart shall be deemed, for the purposes of this Subsection B(3), to be one sign.

(4)

Placement standards. All signs permitted in a residential zone shall comply with all of the general placement standards described in this § 340-13.1 and shall be located a minimum distance from any lot line as follows:

Type of Sign	Minimum Distance From All Lot Lines (feet)
Address sign	10
Contractor's sign	10
Detached sign	15
Development sign	25
Home occupation	15
Nameplate sign	—
Political sign	10
Protection sign	10
Public interest sign	15
Public safety sign	10
Temporary event sign	15
Temporary real estate sign	10
Temporary tag sale sign	10

(5)

Illumination standards. No sign in any residential zone shall be illuminated.

Commercial zones.

(1)

Permitted signs. Subject to the provisions of this § 340-13.1, and solely in connection with a legal use maintained at a lot in a commercial zone which is permitted as of right or is legally maintained following the issuance of a zoning permit or a special permit, pursuant to Article VIII or Article XIII (as applicable) of these regulations, the following signs may be placed in a commercial zone:

Type of Sign	Permitted Size (square feet)	Zoning Permit Size (square feet)	Maximum Size (square feet)
Awning sign	—	16	50
Billboard sign¹	—	—	25
Detached sign²	—	16	50
Directory sign¹	—	16	120
Directory identification sign¹	4	—	10
Nameplate sign	2	—	2
Political sign¹	6	—	6
Protection sign¹	2	—	2
Public interest sign¹	—	16	50
Public safety sign¹	4	—	4
Roof sign	—	16	50
Temporary event sign	—	10	50
Temporary real estate sign¹	6	—	6
Wall sign	—	16	50
Window sign	—	5	10

NOTES:
¹	Only an owner of a lot is permitted to place a billboard sign, directory sign, directory identification sign, political sign, protection sign, public interest sign, public safety sign or temporary real estate sign in a commercial zone. No person or entity conducting any use on a lot may place any such sign on a lot, unless such person or entity is the owner thereof.
²	No detached sign shall be permitted on any lot in a commercial zone on which a directory sign has been placed.
³	The zoning permit size for detached signs shall be zero for any lot which has two or more detached signs existing thereon or proposed therefor.

(2)

Prohibited signs. Only signs expressly permitted pursuant to Subsection C(1) shall be permitted in a commercial zone. All other signs are strictly prohibited.

(3)

Number of signs.

(a)

(b)

Except as described in this § 340-13.1, and subject to the application requirements and sign standards set forth in this § 340-13.1, each owner or tenant maintaining a use in a commercial zone which requires the regular visitation of the public or other parties owning or occupying the lot shall be permitted to have one of the following signs: awning sign, detached sign, public interest sign, roof sign or wall sign.

(c)

Except as described in this § 340-13.1, and subject to the application requirements and sign standards set forth in this § 340-13.1, each owner or tenant maintaining a use in a commercial zone which requires the regular visitation of the public or other parties owning or occupying the lot shall be permitted to have four window signs, provided that no single window shall contain more than one window sign.

(d)

(e)

Subject to the application requirements and sign standards set forth in this § 340-13.1, an owner of a lot may place two directory signs on such lot, provided that no portion of each such two directory signs on any single lot shall be less than 300 feet apart.

(f)

Subject to the application requirements and sign standards set forth in this § 340-13.1, an owner of a lot may affix one directory identification sign for such owner and each other person or entity conducting a use on such lot requiring regular visitation of the public or other parties not owning or occupying the lot.

(g)

In addition to the foregoing, but subject to the application requirements and sign standards set forth in this § 340-13.1, an owner of a lot may affix one contractor's sign and one temporary real estate sign.

(h)

No person or entity shall place any political sign or protection sign on a lot, unless such person or entity is the owner of such lot, unless such political sign or protection sign is expressly authorized by the owner of such lot. Notwithstanding anything in this Subsection C(3) to the contrary, any person or entity which is an owner of a lot shall be permitted to place as many political signs or protection signs as permitted under this § 340-13.1.

(i)

The Zoning Commission, upon application of an owner or tenant, may issue a special permit to allow such person or entity to place up to two of the following signs in connection with such applicant's use at a lot: awning signs, roof signs, wall signs, window signs. In no event shall the Zoning Commission issue a special permit hereunder if the aggregate size of such signs exceeds 50 square feet or if such person or entity fails to comply with the application requirements and sign standards set forth in this § 340-13.1. Except on a building that fronts on two streets where there are three or more tenants, the owner or tenants may request the Commission to allow up to four of the following signs in connection with such applicant's use at a lot: awning signs, roof signs, wall signs, and the aggregate size of such signs does not exceed 120 square feet and no individual sign shall exceed 50 square feet in size and the total aggregate signage on the building shall not exceed 250 square feet.

(j)

The Zoning Commission, upon application of an owner, may issue a special permit to allow such owner to place up to one billboard sign on a lot in connection with such owner's use at a lot. In no event shall the Zoning Commission issue a special permit hereunder if such billboard sign or such owner or entity fails to comply with the application requirements and sign standards set forth in this § 340-13.1.

(k)

Any detached sign, directory sign, political sign, public interest sign, public safety sign, temporary event sign and temporary real estate sign having two identical sign faces placed back-to-back in a manner such that each sign face is no more than six inches apart shall be deemed, for the purposes of this Subsection C(3), to be one sign.

(l)

The following charts are intended to provide a short-form illustration of the provisions of this Subsection C(3). In the event the following charts conflict with any other provisions contained in this § 340-13.1, the other provisions of this § 340-13.1 shall prevail.

Signs Permitted To Be Maintained by an Owner of a Lot in a Commercial Zone
Number of Signs	Type of Signs
1	Nameplate sign
1 of the following: (provided that no detached sign shall be permitted if a directory sign is located on the lot)	Awning sign Detached sign Public interest sign Roof sign Wall sign
4 (not to exceed 1 per window)	Window sign
1	Temporary event sign
1	Directory sign
No limit	Directory identification sign
1	Contractor's sign
1	Temporary real estate sign
No limit	Political signs
No limit	Protection signs
1	Billboard sign

Signs Permitted To Be Maintained by a Tenant of a Lot in a Commercial Zone
Number of Signs	Type of Signs
1	Nameplate sign
1 of the following: (provided that no detached sign shall be permitted if a directory sign is located on the lot)	Awning sign Detached sign Public interest sign Roof sign Wall sign
4 (not to exceed 1 per window)	Window sign
1	Temporary event sign

(4)

Placement standards.

(a)

All signs permitted in a commercial zone shall comply with all of the general placement standards described in this § 340-13.1, and shall be located a minimum distance from any curbline as follows:

Type of Sign	Minimum Distance From All Curblines (feet)
Awning sign	N/A
Billboard sign	100
Contractor's sign	10
Detached sign	10
Directory sign	10
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	10
Protection sign	10
Public interest sign	10
Public safety sign	10
Roof sign	N/A
Temporary event sign	10
Temporary real estate sign	10
Wall sign	N/A

(b)

All signs permitted in a commercial zone shall be located a minimum distance from any nonfrontage lot line as follows:

Type of Sign	Minimum Distance From All Nonfrontage Lot Lines (feet)
Awning sign	N/A
Billboard sign	100
Contractor's sign	15
Detached sign	15
Directory sign	15
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	15
Protection sign	10
Public interest sign	15
Public safety sign	10
Roof sign	N/A
Temporary event sign	15
Temporary real estate sign	15
Wall sign	N/A
Window sign	N/A

(c)

All signs permitted in a commercial zone shall be located a minimum distance from any lot line immediately adjacent to a residential zone as follows:

Type of Sign	Minimum Distance From All Lot Lines Immediately Adjacent To a Residential Zone (feet)
Awning sign	N/A
Billboard sign	200
Contractor's sign	50
Detached sign	50
Directory sign	50
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	15
Protection sign	5
Public interest sign	50
Public safety sign	5
Roof sign	N/A
Temporary event sign	50
Temporary real estate sign	15
Wall sign	N/A
Window sign	N/A

(5)

Illumination standards. The Zoning Commission may issue a special permit to permit the illumination of an awning sign, billboard sign, detached sign, directory sign, public interest sign, roof sign or wall sign located in a commercial zone, provided that the following criteria are satisfied:

(a)

Each illuminated sign shall be illuminated to the minimum amount of illumination required, as determined by the Zoning Commission, to provide sufficient illumination of the sign, so as to protect the character of the neighborhood and Town;

(b)

Each illumination plan shall contemplate all actions necessary and appropriate, as determined by the Zoning Commission, to illuminate exclusively the sign, with minimal light spill, direct or objectionable glare, or light trespass;

(c)

Each illumination plan shall contemplate all actions necessary and appropriate, as determined by the Zoning Commission, to protect against public hazards; and

(d)

Each illumination plan shall incorporate illumination sources in a manner that does not detract from the aesthetic value of the lot, the neighborhood and the Town.

Industrial zones.

(1)

Permitted signs. Subject to the provisions of this § 340-13.1, and solely in connection with a legal use maintained at a lot in an industrial zone which is permitted as of right or is legally maintained following the issuance of a zoning permit or a special permit, pursuant to Article X or Article XIII (as applicable) of these regulations, the following signs may be placed in an industrial zone:

Type of Sign	Permitted Size (square feet)	Zoning Permit Size (square feet)	Maximum Size (square feet)
Detached sign²	—	16	50
Directory sign¹	—	32	120
Directory identification sign¹	4	—	10
Nameplate sign	2	—	2
Political sign¹	6	—	6
Protection sign¹	2	—	2
Public interest sign¹	—	16	50
Public safety sign¹	4	—	4
Temporary event sign³	16	—	32
Temporary real estate sign¹	6	—	6

NOTES:
¹	Only an owner of a lot is permitted to place a directory sign, directory identification sign, political sign, protection sign, public interest sign, public safety sign or temporary real estate sign in an industrial zone. No person or entity conducting any use on a lot may place any such sign on a lot, unless such person or entity is the owner thereof.
²	No detached sign shall be permitted on any lot in an industrial zone on which a directory sign has been placed.
³	Temporary event signs are only permitted in an industrial zone on lots owned by a public interest organization.

(2)

Prohibited signs. Only signs expressly permitted pursuant to Subsection D(1) shall be permitted in an industrial zone. All other signs are strictly prohibited.

(3)

Number of signs.

(a)

Except as described in this § 340-13.1, and subject to the application requirements and sign standards set forth in this § 340-13.1, each owner or tenant maintaining a use in an industrial zone shall be permitted to have one nameplate sign.

In addition to the foregoing, but subject to the provisions of this § 340-13.1, an owner of a lot may affix one temporary real estate sign and, if such owner is a public interest organization, one temporary event sign.

(f)

No person or entity shall place any political sign or protection sign on a lot, unless such person or entity is the owner of such lot, unless such political sign or protection sign is expressly authorized by the owner of such lot. Notwithstanding anything in this Subsection D(3) to the contrary, any person or entity which is an owner of a lot shall be permitted to place as many political signs or protection signs as permitted under this § 340-13.1.

(g)

(4)

Placement standards.

(a)

All signs permitted in an industrial zone shall comply with all of the general placement standards described in this § 340-13.1 and shall be located a minimum distance from any curbline as follows:

Type of Sign	Minimum Distance From All Curblines (feet)
Detached sign	15
Directory sign	15
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	10
Protection sign	10
Public interest sign	10
Public safety sign	10
Temporary event sign	10
Temporary real estate sign	10

(b)

All signs permitted in an industrial zone shall be located a minimum distance from any nonfrontage lot line as follows:

Type of Sign	Minimum Distance From All Nonfrontage Lot Lines (feet)
Detached sign	15
Directory sign	15
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	15
Protection sign	10
Public interest sign	15
Public safety sign	10
Temporary event sign	15
Temporary real estate sign	15

(c)

All signs permitted in an industrial zone shall be located a minimum distance from any lot line immediately adjacent to a residential zone as follows:

Type of Sign	Minimum Distance From All Lot Lines Immediately Adjacent to a Residential Zone (feet)
Detached sign	50
Directory sign	50
Directory identification sign	N/A
Nameplate sign	N/A
Political sign	15
Protection sign	5
Public interest sign	50
Public safety sign	5
Temporary event sign	50
Temporary real estate sign	15

(5)

Illumination standards. The Zoning Commission may issue a special permit to permit the illumination of a detached sign, directory sign, or public interest sign located in an industrial zone, provided that the following criteria are satisfied:

(a)

(b)

(c)

Each illumination plan shall contemplate all actions necessary and appropriate, as determined by the Zoning Commission, to protect against public hazards; and

(d)

Each illumination plan shall incorporate illumination sources in a manner that does not detract from the aesthetic value of the lot, the neighborhood and the Town.

Recreational zones.

(1)

Permitted signs. Subject to the provisions of this § 340-13.1, and solely in connection with a legal use maintained at a lot in a recreational zone which is permitted as of right or is legally maintained following the issuance of a zoning permit or a special permit, pursuant to Article XIII of these regulations, the following signs may be placed in a recreational zone:

Type of Sign	Permitted Size (square feet)	Zoning Permit Size (square feet)	Maximum Size (square feet)
Political sign	6	—	6
Protection sign	4	—	4
Public safety sign	—	16	50
Temporary event sign¹	—	10	32
Temporary real estate sign	6	—	6

NOTE:
¹	Temporary event signs are only permitted in a recreational zone on lots owned by a public interest organization.

(2)

Prohibited signs. Only signs expressly permitted pursuant to Subsection E(3) shall be permitted in a recreational zone. All other signs are strictly prohibited.

(3)

Number of signs.

(a)

Except as described in this § 340-13.1 and subject to the application requirements and sign standards set forth in this § 340-13.1, any person or entity which is an owner of a lot in a recreational zone shall be permitted to place the following number of signs on such lot: one temporary event sign, plus one temporary real estate sign, plus as many political signs or protection signs or public safety signs as permitted under this § 340-13.1.

(b)

Any person or entity that is not an owner of a lot in a recreational zone shall not be permitted to place any signs on any lot within a recreational zone.

(c)

Any temporary event sign and temporary real estate sign having two identical sign faces placed back-to-back in a manner such that each sign face is no more than six inches apart shall be deemed, for the purposes of this Subsection E(3) to be one sign.

(4)

Placement standards.

(a)

All signs permitted in a recreational zone shall comply with all of the general placement standards described in this § 340-13.1 and shall be located a minimum distance from any lot line as follows:

Type of Sign	Minimum Distance From All Lot Lines (feet)
Political sign	5
Protection sign	5
Public safety sign	5
Temporary event sign	15
Temporary real estate sign	15

(b)

All signs permitted in a recreational zone shall be located a minimum distance from any lot line immediately adjacent to a residential zone as follows:

Type of Sign	Minimum Distance From All Lot Lines Immediately Adjacent to a Residential Zone (feet)
Political sign	15
Protection sign	5
Public safety sign	5
Temporary event sign	50
Temporary real estate sign	15

(5)

Illumination standards. No sign in any recreational zone shall be illuminated.

General sign guidelines and standards.

(1)

Size standards.

(a)

Except as set forth in this Subsection F(1), no sign shall exceed the permitted size for such type of sign and zoning district in which such sign shall be located. By way of clarification, if no permitted size is prescribed for a type of sign in a zoning district, the permitted size shall be deemed to be zero square feet, and such sign shall not be erected, installed or otherwise placed on any lot, except as otherwise permitted by this Subsection F(1).

(b)

The Zoning Enforcement Officer, or any Town employee working under the direction of the Zoning Enforcement Officer and exercising the duties of the Zoning Enforcement Officer hereunder, may issue a zoning permit to allow for a sign to exceed the permitted size for such type of sign and zoning district in which such sign shall be located, provided that in no event shall any such zoning permit be issued for a sign in excess of the zoning permit size for such type of sign and zoning district in which such sign shall be located. The Zoning Enforcement Officer or other Town employee shall issue such zoning permit only after verifying that such proposed sign complies with all guidelines, standards and provisions contained within this § 340-13.1.

(c)

The Zoning Commission may issue a special permit to allow for a sign to exceed the zoning permit size for such type of sign and zoning district in which such sign shall be located, provided that in no event shall any such special permit be issued for a sign in excess of the maximum size for such type of sign and zoning district in which such sign shall be located. The Zoning Commission shall issue such special permit only after verifying that such proposed sign complies with all guidelines, standards and provisions contained within this § 340-13.1, and shall be issued only if the unique characteristics of a lot and a proposed sign require.

(d)

The size of any sign shall be measured in accordance with the measurement standards set forth in this § 340-13.1.

(2)

Measurement standards.

(a)

Sign measurement shall be based upon individual letters or symbols individually affixed to a surface, building, wall, window, or sign surface. The area shall be considered to be that of the smallest rectangle which encompasses all of the letters and symbols.

(b)

For a sign consisting of individual letters or symbols individually affixed to a surface, building, wall, or window, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters and symbols.

(c)

The area of supporting framework (e.g., brackets, posts, etc.) shall not be included in the area if such framework is incidental to the display.

(d)

If a sign has two faces but is deemed to be one single sign pursuant to the terms of this § 340-13.1, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.

(3)

Measurement of height. The height of any sign shall be measured from the surface of the nearest public road up to the highest point of the sign. In situations where a sign is intended to be visible from two roads of different elevations, measurement shall be from the surface of the lower roadway.

(4)

General placement standards.

(a)

No sign shall be placed in such position as to endanger traffic on a street or public way by obscuring a clear view, by creating confusion with official street signs or signals or by creating an unnecessary and unsafe distraction.

(b)

No sign, other than official street or highway signs, shall be erected or maintained within the street or highway right-of-way.

(c)

No sign shall be attached to any tree or utility pole, or be permitted to be painted directly upon the roof of any building.

(d)

No sign shall be located within 15 feet of any other sign on the same lot, and no sign located on a frontage lot line shall be placed within 100 feet of any other sign located on the same frontage lot line. The Commission, upon application of an owner or tenant, may issue a special permit to allow such person or entity in a mutlitenant building to place on the building with three or more tenants canopy or wall signs located closer than 15 feet.

(e)

All detached signs, directory signs, political signs, public interest signs, temporary event signs, and temporary real estate signs shall be placed along a frontage lot line, and each sign shall, to the extent possible, be placed as close to such frontage lot line as permitted by this § 340-13.1.

(5)

Safety standards.

(a)

Except for contractor's signs and temporary event signs, all signs shall be designed to be immovable and structurally attached and secured to the ground, a building or another sign.

(b)

No person shall erect a sign which is structurally unsafe, as determined by the Building Official or the Zoning Enforcement Officer.

(c)

Signs which constitute a hazard to public safety and health by reason of inadequate maintenance, dilapidation or abandonment shall not be permitted, and each owner shall promptly remove or repair any such sign existing on such owner's lot. All signs shall be maintained so as to present a neat, clean appearance. Painted areas shall be kept in a safe, neat and clean appearance and in good structural condition, and illumination shall be maintained in good working order. Signs that are no longer safe, neat, clean or in sound structural condition must be repaired or removed. Signs which are no longer functional or advertising establishments that have been abandoned or are no longer active shall be promptly removed or relocated by the owner of the lot on which such sign stands.

(d)

Signs which obstruct free entrance or exit from a door, window or fire escape shall not be permitted.

(e)

Signs which obstruct light or air or interfere with the proper functioning of a building shall not be permitted.

(f)

Upon the removal of any sign, the owner shall promptly restore the lot or any structure thereon to the original condition of such lot or structure.

(6)

Design guidelines and standards.

(a)

The size of any awning sign, detached sign, directory sign, public interest sign, roof sign, temporary event sign, wall sign or window sign shall be restricted to ensure that signs do not overpower the buildings and facades on such lot or neighboring lots.

(b)

Lettering shall be of the style, size and color necessary to be legible to the general public and aesthetically compatible with the character of the neighborhood and Town, and all such lettering shall be simple and readable.

(c)

The size of a sign shall not exceed the size necessary to be legible to the general public and aesthetically compatible with the character of the neighborhood and Town. The Zoning Commission hereby finds that the maximum sizes permitted for many types of signs in various zoning districts are unreasonably large in most applications, and such maximum sizes should only be used in unique circumstances, such as for signs which are substantially set back from a public road.

(d)

Signs shall not cover unique or special architectural details, such as, but not limited to, arches, sills, moldings, cornices, and transom windows.

(e)

Materials used to construct and support signs should be selected to enhance the Town and the property on which the sign will be located. Examples of acceptable materials which may achieve this result include, without limitation, carved wood, carved stone, gold leaf and their visual equivalents.

(f)

All of the same type of signs on a lot shall express a uniformity in scale, style, design and placement of signs to create a sense of consistent appearance, and all store units located at the same property shall complement and be aesthetically compatible with one another.

(g)

Restraint should be exercised when selecting colors. Colors should be chosen to complement and not clash with the facade color of the building and the aesthetic value of the neighborhood and the Town.

Prohibited signs. In furtherance of the provisions of Subsections B(2), C(2), D(2) and E(2), but without limitation, the following signs shall be prohibited in all zones within the Town:

(1)

Streamers, pennants, ribbons, spinners or other similar devices.

(2)

Internally illuminated signs, flashing signs, neon signs, inflatable signs, and signs containing reflective elements, which sparkle or twinkle.

(3)

Signs advertising or identifying a business or organization which is either defunct or no longer located on the premises.

(4)

Off-premises signs.

(5)

Any vehicle or trailer exhibiting any lettering or symbols and parked in such a manner as to indicate that such vehicle is being used for the basic purpose of advertising products sold, or directing people to a business or activity located on or near the place where such vehicle is parked.

(6)

Three-dimensional signs built to physically represent the object advertised.

(7)

Signs which utilize supporting framework (e.g., brackets, posts, etc.) exceeding 20% of the sign area as measured pursuant to the terms of this § 340-13.1.

(8)

Signs which are not expressly permitted in these regulations.

Application procedures and requirements.

(1)

Except for a sign not exceeding its prescribed permitted size in the zoning district in which such sign shall be located as described in Subsection F(1)(a), no person shall erect, alter or relocate any sign without first obtaining a permit from the Zoning Commission.

(2)

With respect to any application for a zoning permit or special permit to allow for the erection, alteration or relocation of a sign, an applicant shall deliver the following to the Zoning Enforcement Officer, or any Town employee working under the direction of the Zoning Enforcement Officer and exercising the duties of the Zoning Enforcement Officer hereunder:

(a)

An application fee, in the amount specified by the fee schedule set annually by the Board of Selectmen.

(b)

A graphic rendering of all sign details to scale, including, without limitation, any symbols, letters, materials and colors, with complete measurements of all dimensions of such sign.

(c)

A graphic rendering of all details of the method of support, attachment or other means of erecting, placing or attaching such sign, and if such method of support or attachment shall be visible from a public road, such rendering shall also include a depiction to scale of such method of support or attachment, including complete measurements of all dimensions of such method of support.

(d)

A graphic rendering of the sign, its placement and the surrounding location, including, if applicable, the method of support or attachment, depicting the sign as seen from a public road.

(e)

Complete design schematics detailing the means of illumination, if any, and the position and location of such lighting.

(f)

Plan depicting the exact location of the sign in relation to buildings, structures, property lines and public roads within a five-hundred-foot radius.

(g)

A landscaping plan for any detached sign, directory sign or public interest sign.

(3)

With respect to any application for a special permit to allow for the erection, alteration or relocation of a sign, the application materials described herein shall be submitted in the manner prescribed herein at least seven days prior to the next regularly scheduled Zoning Commission meeting date.

(4)

Notwithstanding anything to the contrary contained herein, existing signs may be replaced by issuance of a zoning permit, provided such replacement sign is substantially identical to the existing sign being replaced with respect to location, height, size, type, illumination, structural materials and overall design and appearance.

Miscellaneous provisions.

(1)

Noncommercial signs. Notwithstanding any other provision in this § 340-13.1 or these regulations to the contrary, any sign authorized in these regulations may contain any noncommercial copy in addition to, or in lieu of, any other copy.

(2)

Variances. The ZBA shall have no power to issue a variance permitting: a) any type of sign in a zoning district in which such type of sign is not expressly permitted by this § 340-13.1; b) an increase of any permitted size or zoning permit size; c) a modification to the illumination standards and restrictions contained herein; d) the general placement standards set forth herein; e) the safety standards set forth herein; or f) the design guidelines and standards set forth herein. The issuance of any variance by the Marlborough Zoning Board of Appeals shall not waive the applicant's requirement to obtain a permit from the Zoning Commission in accordance with this § 340-13.1.

(3)

Severability. The provisions contained in this § 340-13.1 are declared severable, to the maximum extent permissible by law. If any provision or provisions of this § 340-13.1 or the application thereof to any person or circumstance is held invalid or unlawful, it is the intent of the Zoning Commission that said invalidity shall not affect other provisions of these regulations, which shall remain in full force and effect as if such portions so declared invalid or unlawful were not originally part of this § 340-13.1, even if the surviving parts of this § 340-13.1 result in greater restrictions after any unlawful provisions are stricken. In particular, and without limitation, in the event any portion of this § 340-13.1 is declared invalid as applied to noncommercial signs, this § 340-13.1, or any surviving portions thereof, shall remain in full force and effect.

§ 340-13.2 Earth excavation, filling.

Exemptions. The following activities that would result in the excavation or filling of sand, gravel, peat, stone, loam, dirt or other earth product are permitted in any zone:

(1)

To excavate or remove or fill less than 125 cubic yards of such earth materials on any single parcel of land within a period of one year.

(2)

To excavate or remove such foundation, trenching and landscaping as shall be necessary in connection with work or premises where a building permit has been issued.

(3)

To excavate or remove or fill material within actual street rights-of-way held by either the Town of Marlborough or the State of Connecticut or shown on a subdivision map or development map approved by the Planning, Zoning or Conservation Commission.

(4)

To excavate or remove or fill in connection or association with the construction or alteration of a building or structure on the same premises for which a zoning or inland wetland permit has been issued.

(5)

To install septic systems, waterlines, sewer pipe, storm drainage systems, gas, electric, telephone services and all similar necessary utility features.

(6)

To install the improvements associated with an approved subdivision.

(7)

For the necessary excavation, removal, filling or grading in Connecticut with an existing roadway or parking lot.

(8)

For a sanitary landfill operation of the Town of Marlborough.

Application requirements. Application for a permit for excavation or filling not permitted in the preceding section may be made to the Zoning Commission by the property owner or his authorized agent on a form provided by the Commission. The application shall include:

(1)

An application fee based upon the fee schedule established by the Marlborough Board of Selectmen. (See Appendix C.[1])

[1]

Editor's Note: Appendix C is on file in the Town's office.

(2)

The application shall be accompanied by five copies of a map at a scale of one inch equals 40 feet. The map shall include the following information and specifications:

(a)

A key map at a scale of one inch equals 800 feet, locating the subject parcel and all properties immediately adjacent to the parcel within 1,000 feet.

(b)

A detailed topographic plan showing existing and proposed contour lines at two-foot contour intervals in the area to be excavated or filled as well as a topographic plan of the entire premises at five-foot contour intervals based upon a survey prepared by a land surveyor registered in the State of Connecticut at an A-2 level of accuracy. The grading plan shall be prepared by and shall bear the seal of a professional engineer licensed in the State of Connecticut.

(c)

Existing and proposed drainage on the site and the specifications and details necessary to describe these features.

(d)

Details for regrading and revegetation of the site at conclusion of operations.

(e)

In the case where more than 500 cubic yards of material is involved, a report from the Hartford County Soil and Water Conservation District may be required.

(f)

Proposed entrance and exit roadways, soil stockpile areas and stump burial areas.

(g)

Intersecting property lines, names of abutting property owners and the location of any structure, well or septic system within 200 feet of the site.

(h)

All existing trees with a caliper over 30 inches measured two feet from the ground surface in the subject area, all wetland soils, all watercourses, and all ledge outcrops.

(i)

All existing and proposed structures, walls and fencing.

(j)

A detailed erosion and sediment control plan and the associated construction sequence to include the proposed commencement and completion dates for all activities.

(k)

Type and number of machinery to be used in the processes to be conducted on the premises are noted on the plan. No variation, except the substitution of identical models of such machinery, shall be permitted without the further permission of the Zoning Commission.

(l)

The following approval block:

	MARLBOROUGH ZONING COMMISSION, MARLBOROUGH, CT
	DATE APPROVED	DATE OF EXPIRATION
		CHAIRMAN
		SECRETARY

(m)

The location of any soil borings or test pits, together with the soil profiles.

(n)

Statistics regarding the amount of materials to be excavated or deposited.

General requirements. The permit shall not be approved until the Commission has duly advertised and held a public hearing as prescribed by Article V of this chapter, and the Commission is satisfied that the following standards are met:

(1)

The activity permitted will not adversely affect the value or amenities of property owners within 500 feet of the subject site boundaries.

(2)

No dangerous condition is created or continued.

(3)

The premises shall be excavated or filled and regraded or graded in conformity with the plan as approved.

(4)

No excavation or filling shall take place within 50 feet of any property line without having prior written consent by the abutting property owner.

(5)

No building shall be erected on the premises except as may be permitted by the zoning regulations, except as temporary shelter for machinery and field office, subject to the approval of the Zoning Commission.

(6)

At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects on surrounding properties.

(7)

When excavation, removal or filling operations are completed, the excavation or removal or filling shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three horizontal to one vertical. The exposed area where removal takes place shall be covered with no less than four inches of topsoil or loam and seeded with a suitable cover crop.

(8)

The Commission may require that the permit shall not become effective until the applicant has posted a bond with the Treasurer of the Town in an amount and form agreed upon by the Town Engineer and Town Attorney and approved by the Zoning Commission, sufficient to insure conformity with this chapter and other conditions imposed by the Commission.

(9)

Permits granted hereunder shall be limited to one-year duration from the date granted. Nothing herein shall be construed to prevent new application at the termination of such permit. The Commission may grant, upon written request and after the submission of a separate application, extensions to the expiration date for the permit. The application for an extension to a permit shall include data regarding the total volume of material excavated from the site during the term of the permit and the estimated quantity of the remaining excavation material.

(10)

The preservation of significant trees, vegetation and other natural resources.

(11)

The activity will not result in an unreasonable disturbance to the health, safety and welfare of the immediate neighborhood.

(12)

The activities and associated operations shall not result in any washing, processing, sorting, crushing, grading, mixing, fabrication or similar activities.

(13)

Truck traffic access to and from the site and the work area shall be so arranged as to minimize traffic hazards and effects on streets and the local neighborhood.

(14)

All trucks that enter or leave the site carrying materials shall be covered with a tarpaulin or other suitable material as per C.G.S. § 14-271, as amended.

Decisions. As a means to ensure that the intent of this chapter is achieved, the Commission may, in granting the permit, attach conditions that include but are not limited to the following:

(1)

Reasonable limitations on the hours of operation of the activities.

(2)

The construction sequence and associated activities.

(3)

Fencing and screening as may be necessary to screen objectionable views or to protect pedestrians and vehicles.

(4)

Construction signs.

(5)

The location, storage, transportation and burial of tree stumps and rock excavation materials.

The Commission may, at its discretion, modify the procedural and site plan requirement of this section of the chapter for activities in which less than 500 cubic yards of material are involved. Prior to any modification of the requirements of this section, the Commission shall determine that the proposed activity is minor in nature and does not pose a threat to abutting properties and the natural resources of the community. The Commission may only grant these waivers after a unanimous vote. The reasons for any waiver permitted herein shall be stated in the minutes of the Commission.

§ 340-13.3 Landscaping requirements.

Landscaping shall be provided for any use requiring special permit or site development plan approval in a DBIZ, DMR, DR, GC, GI or VCD Zoning District, and a landscape plan prepared by a landscape architect licensed in the State of Connecticut shall be submitted to and approved by the Commission.

General requirements.

(1)

The plan shall identify existing and proposed trees, shrubs, ground cover, and features such as rock outcroppings or stonewalls. The plan shall show where the landscaping elements are and will be located, shall indicate the size and species, and shall include the planting and/or construction details. Where existing natural growth is proposed to be retained, the plans shall include the proposed methods to protect the existing growth both during and after construction.

(2)

Topsoil shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding, planting or other acceptable techniques.

(3)

Maximum effort shall be made to save and retain existing vegetation, trees or stonewalls. To this end, no material, temporary soil deposits or construction shall take place within four feet of shrubs and within 15 feet of trees to be retained. Protective barriers and/or tree wells shall be installed around plants to be retained. Existing, healthy, mature trees may be considered in meeting the requirements of this chapter.

(4)

Any landscaping element shown on an approved site development plan, and which shall be in a condition that does not satisfy the intent of this chapter, shall be replaced by the property owner.

(5)

All landscaping in parking areas and on street frontage shall be placed so that it will not obstruct sight distance.

(6)

Refuse collection areas, utilities, loading and unloading areas shall be screened around their perimeter by a buffer strip and shall be located so as to minimize visibility from all streets.

(7)

When security or screening fences are required or necessary for the operation and maintenance of certain permitted uses, the Commission may require that such fences are adequately screened from public view.

(8)

All outdoor refuse collection, storage and unloading areas shall be enclosed by a wall or fence, shall be equipped with a self-closing spring-loaded gate, shall be located at least 25 feet from all buildings and may be viewed as a fire hazard as per C.G.S. § 29-306, as amended. No materials, equipment, refuse or refuse collection facility may protrude above the height of such screening.

Parking area landscaping requirements.

(1)

A minimum of 10% of the total parking site within the parking perimeter shall consist of a landscaped permeable surface(s).

(2)

All parking areas shall be planted with at least one tree for every five parking spaces provided. These trees shall be a minimum of 1.5 inches in caliper measured one foot above the finished ground level and at least 12 feet in height immediately after planting. In addition, these areas shall be planted with grass, shrubs and other vegetation. The Commission recommends the use of a variety of the following trees: Chinese dogwood, Flowering ash, Crimean linden, Zelkova, Sycamore maple, Red oak, Red maple, European mountain ash, American sweetgum and Thornless honeylocust.

Buffer area landscaping requirements. When a side and/or rear yard in a GC, CI, DMR, DC, DI or DR Zone is adjacent to a residential zone, the side and/or rear yard abutting the residential zone shall be a minimum of 50 feet with a twenty-five-foot buffer strip. (See Appendix B.[1])

(1)

Buffer strips shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent area. It may consist of fencing, evergreens, walls, shrubs, trees, berms, rocks, boulders, mounds, or combinations, to achieve this objective. At least 75% of the plantings shall be a minimum of six feet in height.

(2)

The buffer strip shall not be used for parking, storage, refuse collection, driveways or any other use.

(3)

Where the existing topography, vegetation and/or landscaping provides natural screening, the Commission may modify the planting and/or buffer strip requirements.

(4)

All applicants are encouraged to use a mix of evergreen species in the buffer strip.

[1]

Editor's Note: Appendix B is on file in the Town's office.

§ 340-13.4 Restriction of building in flood areas and wetland and watercourse conservation areas.

Land which is designated as "floodway" on maps entitled Floodway-Flood Boundary and Floodway Map, community panel numbers 090148 0001B through 0008B of the National Flood Insurance Program, or as amended,[1] on file with the Town Clerk, shall not be built on, but repairs may be made to existing buildings in accordance with the requirements of the National Flood Insurance Program. No filling of floodways shall be permitted. Uses such as farming, nurseries, bathing places, picnic, golf, tennis and other similar recreation areas are permitted if in accordance with the requirements of the National Flood Insurance Program.

[1]

Editor's Note: See the maps identified in Chapter 238, Floodplain Management, of the Town Code.

Land which is designated as "floodway fringe" on the above-described maps may be developed in accordance with the permitted uses of the designated zone, provided that the requirements of the National Flood Insurance Program are met.

In cases where designated inland wetlands and watercourses are involved, a permit for activities within the inland wetland and watercourse conservation areas shall also be required under the Marlborough Water Course Conservation Area includes a watercourse, a wetland, or any combination thereof, and the designated upland review area, all as defined in the Inland Wetlands and Watercourse Regulations of the Town of Marlborough, as amended.[2]

[2]

Editor's Note: So in original.

§ 340-13.5 Off-street parking regulations.

Intent: To provide off-street parking for the total use of buildings and structures hereafter constructed, reconstructed or enlarged and the change in uses of land. Said parking shall be part of the site plan or prepared as a separate site plan and shall include boundary screening and landscaping, parking sites, interior traffic circulation patterns, loading areas, storm drainage facilities and traffic access. Further, it is the intent of this chapter to promote and support bicycle and pedestrian access throughout the community. To this end all parking lots must be designed to provide safe and convenient pedestrian and bicycle access and movement as a part of any parking area or structure design.

Purpose: To require the minimum amount of parking spaces necessary to adequately serve all properties while reducing the creation of impervious land cover that results in the loss of green space and generates unnecessary stormwater runoff.

General requirements.

(1)

No parking shall be permitted in the minimum required front yard except within the limits of the driveway servicing residential properties.

(2)

All nonresidential parking should be located at the side or to the rear of all buildings outside of the required yard setbacks and shall be designed so that backing onto public streets is precluded.

(3)

No area shall be credited as a parking space which is in any part credited or used as a loading space, aisle area or accessway.

(4)

All required parking spaces, except for single-family residences, shall be all-weather-surface parking areas.

(5)

Safe and adequate pedestrian and vehicular traffic must be provided in all areas of off-street parking. The interior pedestrian and vehicular traffic flow shall integrate with the parking arrangement, and sufficient traffic aisles and lanes for safe transit shall be provided.

(6)

No exit from or entrance to an off-street parking facility shall be laid out or maintained as to constitute or create a traffic hazard or nuisance, and any parking lot gates shall not move in a direction that will interfere with pedestrian and traffic movement.

(7)

Where computation of required parking spaces results in a fraction of a car space, the required number of spaces shall be increased to the next whole number of spaces.

(8)

Where the standards for parking spaces are based on seating capacity, the actual number of seats present within the structure shall be utilized. Where bench or booth seating exists, the number of seats shall be one seat per 18 inches for bench seating and one seat per 24 inches for booth seating. For other areas where seating is not fixed, the seating capacity shall be determined as indicated by the Building Code. Seasonal outdoor seating shall provide parking spaces at 50% of the requirement.

(9)

All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Commission may permit the parking space to be on any lot within a seven-hundred-fifty-foot radius of the building(s) only if there is a shared parking agreement recorded on the Land Records.

(10)

Parking areas shall have bumper and wheel guards where needed and shall be adequately landscaped and striped. The parking facilities shall be maintained by the owner of the premises, and the required off-street parking facilities shall be maintained as long as the use or structure exists for which the facilities are designed to serve.

(11)

All parking shall be located in established parking areas as delineated on approved plans. There shall be no storage of any materials, equipment and display of merchandise, vehicle repair or servicing within required parking areas except as part of approved building operations.

(12)

All parking areas shall have a stormwater management plan in accordance with § 340-5.3 of this chapter utilizing best management practices.

(13)

Tandem parking spaces are prohibited except in multifamily residential units within an enclosed garage that has direct access to the residential unit it is serving.

(14)

Parallel parking spaces may only be utilized for industrial uses and may not constitute more than 20% of the required parking spaces.

(15)

No certificate of occupancy shall be issued for new construction or a change in use until all the required parking is constructed and landscaping completed.

(16)

Developments which utilize shopping carts (grocery stores, retail uses, etc.) shall provide for interior and exterior shopping cart storage areas. Design and number of cart storage areas shall be determined by the Commission at the time of application.

Design requirements.

(1)

All parking lots shall:

(a)

Have a standard stall size of nine feet by 18 feet; compact stall size of eight feet by 15 feet; parallel stall size of 10 feet by 20 feet.

(b)

Have rectangular parking stalls.

(c)

Have aisle widths and parking angles in a minimum ratio as follows:

Parking Angle (degrees)	Minimum Aisle Width	Direction of Flow
45°	12 feet 9 inches	One way
50°	12 feet 9 inches	One way
55°	13 feet 3 inches	One way
60°	14 feet 3 inches	One way
65°	15 feet 2 inches	One way
70°	16 feet	One way
75°	24 feet	Two way
90°	24 feet	Two way

(d)

Have no greater than six-percent slope.

(e)

Have a number and location of access drives compatible with traffic circulation patterns both within the site and on the abutting street system.

(f)

Provide sufficient stacking area (area where cars may need to wait in line to exit onto the street or to enter to circulate in the parking lot) and stacking for at least two vehicles at the inbound access drives to the site.

(g)

No parking space shall be designed to allow a vehicle to protrude or overhang sidewalks or any landscaped area.

(h)

Minimize potential conflict points between pedestrians, bicycles and motor vehicles.

(i)

Thirty percent of all required parking shall be for compact cars.

(j)

Where specimen trees or other significant natural or man-made features of the landscape exist, the Commission may allow a reduction of up to 5% of the number of required parking spaces or increase compact parking spaces above 30%, or a combination thereof, to preserve significant site landscape features.

(k)

Parking spaces reserved for the physically handicapped shall be provided as follows:

[1]

Be no less than 15 feet wide by 18 feet long;

[2]

Adequate pavement markings and signage for the physically handicapped containing the words "Handicapped Parking Only" is required for each space. These spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators. The spaces to be provided herein for the physically handicapped shall be counted toward the total number of spaces required.

[3]

Number of spaces required.

	Parking Spaces Provided	Required Number of Accessible Spaces
	Up to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of total
	Over 1,000	20 + 1 for additional 100

Bicycle accommodations.

(1)

Bicycle parking spaces shall be provided for developments within the General Commercial, General Industrial, Marlborough Village District or Designed Business Industrial Zone Districts, as follows:

	Industrial uses	1 space for every 15 parking stalls
	Mixed-use developments	Sum of multifamily and commercial/office/retail
	Multifamily residential	1 space for every 4 residential units
	Commercial/office/retail	1 space for every 25 parking stalls

(2)

All bicycle parking spaces shall be provided in the form of anchored bicycle racks or locker-type facilities, unless otherwise approved by the Commission. Bicycle parking facilities shall be designed and installed to include:

(a)

Minimum space size: two feet by six feet per bicycle with a five-foot maneuvering aisle.

(b)

Minimize the number of potential conflict points between bicycles and motor vehicles.

(c)

Adequate lighting.

(d)

All bicycle parking spaces shall be provided in the form of anchored bicycle racks or locker-type facilities, unless otherwise approved by the Commission. Provision for locking of bicycles to the rack or bicycle locker shall be provided.

(e)

Where possible, bicycle parking shall be located within view of building entrances or in view of windows and/or security personnel stations and shall be evenly dispersed throughout the project site to provide convenient parking opportunities. Bicycle racks shall be located at least three feet from any wall or obstruction.

(f)

Bicycle racks' design shall utilize materials that are durable finishes that can tolerate abrasions, and the materials and form shall be consistent with the streetscape elements.

(g)

Where a bicycle rack allows bicycles to be locked on both sides of the rack without conflict, each side may be counted as one required space.

(h)

One vehicular parking space may be reduced for every five bicycle rack spaces provided.

(3)

The Commission may reduce or waive the following requirements where the applicant can demonstrate bicycle activity will not occur at the particular location.

Pedestrian access design standards. Any development's design must allow for the safe flow of pedestrians though a system of convenient routes that bring them to central walkways leading to main entrances. All pedestrian routes shall provide for:

(1)

Safe separation of all walkways from motor vehicle traffic through the use of raised sidewalks and/or landscaping between sidewalks and parking spaces and/or driving aisles.

(2)

Safe well-articulated pedestrian crossings demarcated with pavement markings, pedestrian warning signs, and lighting.

(3)

Sidewalks or pathways with a minimum width of four feet.

(4)

Inclusion of plantings, benches and lighting along walkways and at all pedestrian crossings.

(5)

Design, construction and maintenance to accommodate disabled individuals per the Americans with Disabilities Act (ADA) requirements.

Parking space allowance. In determining the allowable number of parking spaces for a particular use, the calculation shall utilize 85% of the total gross floor area of the building's floor area that particular use occupies, unless otherwise specifically noted below for a particular use. Total gross floor area is the sum of all gross floor areas of a building, including floors below and above street grade, confined within the walls of the building.

	Use	Number of Spaces Required
	Residential
	Assisted/congregate living facilities	1.25 spaces per dwelling unit or its equivalent
	Garden apartments	1.2 spaces per unit 1 space per 5 units
	Home occupation	No additional parking is required
	Multifamily housing	1 space per 1- and 2-bedroom units with garages 1.5 spaces for 1- and 2-bedroom units without garages 2 spaces for 3-bedroom units 1 space for every 5 units
	Single-family residences	2 spaces; accessory dwelling units shall provide 1 space
	Garage spaces shall count toward meeting the parking requirements.
	Business
	Banks and financial institutions	1 space per 300 square feet 5 queuing spaces per service aisle
	Funeral homes	12 spaces per chapel/viewing room 1 space per business vehicle
	Medical/dental offices	1 space per 200 square feet
	Private proprietary education	1 space per 50 square feet of instruction 1 space per employee
	Professional offices	1 parking space per 350 square feet
	Commercial Retail
	Convenience store	1 space per 250 square feet
	Convenience store with gasoline sales	1 space per 250 square feet 50% of parking spaces at fuel pumps count toward parking requirements.
	Grocery store	1 space per 200 square feet of retail area 1 space per 500 square feet of office and storage areas
	Large appliance/furniture store	1 space per 500 square feet 1 space per business vehicle
	Liquor store	1 space per 250 square feet
	Pharmacy	1 space per 350 square feet of pharmacist area 1 space per 275 square feet of retail space
	Retail nursery/garden center	1 space per 500 square feet of interior display 1 space per 2,500 square feet of outdoor display
	Retail sales and service establishments	1 space per 275 square feet
	Commercial Nonretail
	Auction facilities	1 space per 300 square feet
	Automobile sales	1 space per 5,000 square feet of outdoor display 1 space per 300 square feet of indoor display/office/storage Plus automobile service and repair spaces
	Automobile services and repair	4 spaces 1 space per 750 square feet
	Car wash, self-service	2 spaces per stall 2 queuing spaces per bay
	Lube-and-tune	1 space per bay 1 space per employee 2 queuing lane spaces per bay
	Mailing/package facility	1 space per 150 square feet of patron area 1 space per 350 square feet of nonpatron area
	Food Service
	Bakeries/deli, retail	1 space per 250 square feet
	Banquet and catering on-site facility	1 space for each 3 fixed seats 1 space per 45 square feet nonfixed seating areas
	Catering kitchen, off-site delivery	2 spaces 1 space per employee on largest shift 1 space per business vehicle
	Ice cream shop	1 space per 200 square feet
	Restaurant, fast-food	1 parking space per 60 square feet
	Restaurant, nightclub, tavern, grill, or bar	1 space per each 3 seats or 1 space per 150 square feet of floor area devoted to patron use, whichever is greater 1 space per 60 square feet of floor area devoted to counter service, bar service or customer waiting areas
	Restaurant, takeout/delivery	1 space per 45 square feet of customer service area 1 space per 250 square feet of noncustomer service area 1 space per business vehicle
	Industrial
	Bakeries, wholesale	1 space per 500 square feet
	Bottling, brewery and distilling of beverages	1 space per 750 square feet 1 space per business vehicle
	Broadcasting and film studio production	1 space per 1,000 square feet
	Building/equipment materials sales	1 space per 500 square feet of retail sales area 1 space per 1,500 square feet of outdoor storage area.
	Call center	1 space per 250 square feet
	Industrial or manufacturing establishments	1 space per 1,250 square feet of floor area for buildings 10,000 square feet or less 1 space per 2,500 square feet for buildings larger than 10,000 square feet, plus 20% of the building square footage shall be calculated as office space
	Medical laboratory without patient visitation	1 space per 400 square feet
	Printing or publishing facility	1 space per 500 square feet 1 space per business vehicle
	Public utility facility	1 space per 400 square feet dedicated to office 1 space shall be provided for facilities without office
	Research and development facilities	1 space per 300 square feet of office 1 space per 500 square feet of nonoffice
	Technology and communication facility	1 space per 400 square feet 1 space per business vehicle
	Warehousing facility	1 space per 1,000 square feet 1 space per business vehicle
	Wholesale trade and distribution centers	1 space per 750 square feet 1 space per business vehicle
	Institutional
	Government buildings	1 parking space per 400 square feet
	Hospital	1 space per bed 1 space per 300 square feet per administration office, clinic space, and research 1 space per 500 square feet of storage area
	Library, museum, art gallery	1 space per 400 square feet
	Post office	1 space per 150 square feet of patron area 1 space per 350 square feet of nonpatron area 1 parking space per business vehicle
	Schools	1 parking space per employee 1 parking space per 20 students 1 space per 4 seats in an auditorium or gymnasium or cafeteria intended to be used as any auditorium for the single area with the largest seating capacity
	Personal Service
	Animal grooming	1 space per 300 square feet
	Adult day care	1 space per employee 5 spaces for visitors 1 dropoff/pickup space per 10 clients
	Art/dance studios	1 space per employee 1 space per 3 students based on Building Code occupancy
	Barbershop, beauty shop, nail salon	1 space per 200 square feet 1 space per client chair
	Bed-and-breakfast, country inns	2 spaces 1 space per guest room public food service, as required
	Day-care centers	1 space per 500 square feet 1 space per employee on maximum shift
	Kennels, commercial	1 space per 400 square feet, including runs 1 space per employee on maximum shift
	Laundromat/dry cleaner	1 space per 400 square feet.
	Laundromat self-service	1 space per 3 washing machines
	Riding academies and stables	1 space per 3 animals utilizing the facilities 1 space per employee 1 parking space per 5 fixed event seats.
	Veterinary clinic	1 space per 300 square feet of clinic/office area 1 space for each 5 kennel facilities
	Places of Assembly
	Auditorium, church, stadium, theater or other place of public assembly	1 parking space per each 5 seats or per 40 square feet of gross floor area within the main auditorium or meeting hall, whichever provides the greater number of parking spaces.
	Ball fields	25 spaces per field
	Exercise/fitness/health club	1 space per 60 square feet of open exercise area 1 space for 150 square feet of equipment area 1 space per 200 square feet of other floor area
	Hotel, motor court, tourist home, or similar accommodations	1 space per guest room 1 space per 12 guest rooms ancillary uses such as restaurant or meeting rooms
	Indoor recreational facilities	1 space per 3 persons based on maximum occupancy
	Outdoor recreation facilities	1 space per 5,000 square feet of recreation area
	Private clubs and lodges	1 space per 175 square feet.

For any use not specified herein, sufficient parking spaces shall be provided to the standards of the most similar use specified in this chapter as determined by the Commission. Mixed-use development parking requirements shall be the sum of the parking requirements for the various uses, except where a reduction of parking spaces is allowed by this section.

Maximum parking allowance. The Commission may approve parking lots with more spaces than allowed, provided all of the spaces above the allowance number are composed of a pervious surface and where adequate stormwater management is provided. Also, the Commission may approve parking lots above the allowance requirements where pervious surface treatment is not environmentally sound and where a stormwater management system plan can demonstrate zero post-development increase in peak discharge and that water quality discharge standards are met. The maximum number of additional parking spaces that the Commission may permit is 25% for impervious parking surfaces and 50% for pervious parking surfaces.

Parking space held on reserve.

(1)

The Commission may permit a twenty-five-percent reduction in the construction of the required on-site parking as long as the applicant can demonstrate he can meet all the parking requirements and the proposed uses will not require the utilization of all the parking spaces. If a reduction is granted, the site plan shall delineate reserved parking spaces for future parking if it becomes necessary.

(2)

In a phased development plan, areas designated as reserve parking for future parking areas based on phasing must be clearly depicted on the phased development site plan. The terms and conditions of the construction phasing of the buildings and parking area completion must clearly be set forth in notations on the approved site plan.

(3)

Such reserve parking areas must be kept planted and maintained rather than surfaced for parking until such time as the additional parking space is necessary. Further, no aboveground improvements shall be placed or constructed upon such reserve parking areas.

Change in use or modification to existing structures. When the use of any building, structure or premises is changed or expanded, resulting in an increase of more than 10% in the required number of off-street parking spaces, additional off-street parking shall be provided consistent with parking requirements and standards of this chapter.

Spaces near obstructions. When the side of a parking space abuts a wall, column or other obstruction that is taller than six inches, the width of the parking space shall be increased by two on the obstructed side.[1]

[1]

Editor's Note: So in original.

Drive- through. Drive-through facilities may only be accessory to an allowable main use. The use of drive-through facilities is limited to banks, pharmacies, or food service establishments that meet the requirements below.

[Amended 12-7-2017]

(1)

The facility shall not be located between the building and the street, except on a corner lot.

(2)

The stacking area shall be located so that the area for five cars is located before their reaching the service window.

(a)

Stacking spaces shall be a minimum of 10 feet in width and 18 feet in length, and shall be designed so as not to impede on- and off-site traffic movements and sight distances at intersections.

(b)

Stacking lanes shall be separated from other on-site parking and circulation lanes by a raised median, planting area, or other acceptable method to ensure the adequate channeling and safety of traffic movements.

(3)

The principal pedestrian access to the building shall not cross the drive-through lane.

(4)

Hours of operation. When the drive-through facility use (i.e., menu board) is located on a site within 100 feet of any residential dwelling, hours of operation for the drive-up/drive-through service shall be limited to 7:00 a.m. to 10:00 p.m. daily. If the drive-through facility use is located greater than 100 feet from a residential dwelling, the hours of operation shall be limited to 5:00 a.m. to 12:00 midnight.

(5)

Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on an adjacent property. Exceptions may be granted by the designated approving authority when drive-through pull-out spaces are provided.

(6)

Noise. Any drive-up or drive-through speaker system shall emit no more than 50 decibels, and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area.

(7)

Drive-through lanes shall not be located adjacent to outdoor patio or eating areas.

(8)

Menu boards. Menu boards shall not exceed 24 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned/occupied parcel.

(9)

Minimum floor area for restaurants. To ensure that the drive-through service facility is an accessory to a primary restaurant use, the minimum interior floor area for drive-through restaurants shall be 1,000 gross square feet.

(10)

Minimum site or part of center or development complex. A restaurant with drive-through facilities shall have a minimum one-acre land area or shall be part of a commercial center or larger development complex of at least one acre.

Reduction in parking space for mixed-use development. For a mixed-use development of land, the Commission may allow the following parking space reductions, at the applicant's request:

(1)

Up to 30% of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.

(2)

Up to 75% of parking spaces required for uses such as theaters (movie and live), public auditoriums, bowling alleys, nightclubs, movie theaters, and similar predominately evening uses may be shared with such uses as banks, offices and similar predominately daytime uses.

(3)

Up to 75% of the parking spaces required for such uses as houses of worship and other uses exclusively in operation during the weekend may be shared with such uses as medical offices, banks and other similar uses predominately in operation on weekdays.

(4)

Up to 50% of parking spaces required where there is a duly executed and recorded shared parking agreement over an area that exceeds 5,000 square feet of parking area.

Landscaping requirements.

(1)

Purpose and applicability.

(a)

The purposes of the parking lot landscape standards are to reduce the environmental and visual impact of parking areas and the associated impervious surface. Parking lot landscaping design shall, through the use of native trees, shrubs and ground cover and other landscape design elements:

[1]

Screen the views of parking areas from the street and adjoining properties.

[2]

Reduce thermal impacts of stormwater runoff through canopy cover and site design.

[3]

Filter/retain stormwater runoff through the capture of 75% or more of the first flush (first half inch) of stormwater runoff from impervious areas.

[4]

Segment parking areas to no more than 10 spaces utilizing landscape elements.

[5]

Accommodate bicyclist and pedestrian movement through the parking area.

(b)

These landscaping requirements shall apply to all new parking areas. For existing parking areas that expand greater than 5,000 square feet, the whole parking area shall provide interior and perimeter landscape plantings.

(2)

Plant selection. All design shall only utilize a variety of native tree and plant species, no planting material identified as an invasive species by the State of Connecticut DEEP shall be utilized. No one species shall compromise more than 50% of the plantings for the particular planting area. Bushes, shrubs and ground cover plant materials must be in sufficient quantity and size so that within five years from planting complete coverage of the area is achieved. Tree species selection shall take into account that the canopy coverage of the impervious surface shall be 75% within 10 years; therefore, trees selected shall provide shade canopies with a minimum diameter of 10 feet at maturity. Temporary mulches are required in all planting areas until full plant coverage is achieved. A minimum of one shade tree for each five spaces of provided parking shall be required.

(3)

Plant protection. Areas containing plant materials shall be protected from vehicle damage and allow for a pedestrian crossing area outside the planted area. Vehicles may overhang the landscape area no more than 18 inches. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects and diseases. A root barrier or equivalent shall be installed per manufacturer's specifications for all trees within 10 feet of a paved area or sidewalk. Plant materials showing such damage shall be replaced by the same or similar species. Planting areas shall be kept free from weeds, debris and undesirable materials which may be detrimental to safety, drainage or appearance.

(4)

Perimeter landscaping.

(a)

Perimeter landscaping is required for all parking areas, and the design shall maintain for partial screening of vehicles to a minimum height of 30 inches and maximum height of 42 inches measured from the finish grade of the parking space(s) from the public street and abutting properties. Parking areas adjacent to residential properties shall screen vehicle headlights through the use of an ornamental wall or fence and/or dense foliage located at a minimum of four feet from the curb stop. Screening provided through the use of plant material shall be shown such that the foliage from the chosen plant material will accomplish the screening within one year of planting. Perimeter planting area shall be a minimum of six feet wide and shall contain canopy trees and shrubbery with mulched bed and be located four to six feet from the edge of the curb or impervious surface.

(b)

Landscaping plantings within the driveway sight triangle shall conform to the following standards: No trees shall be planted that have a main stem or trunk greater than eight inches in diameter or have a dripline that falls below seven feet, and no bush/shrub or ground cover shall exceed a height of 24 inches.

(5)

Landscape islands.

(a)

Interior landscaping is a requirement when there are eight or more parking spaces, in addition to the perimeter landscaping requirements noted. In no case shall there be more than 20 parking spaces in an unbroken row.

(b)

At least 10% of the total parking area or 25 square feet of interior landscaping per parking space, whichever is greater, shall be located within the perimeter of the parking area. Additionally, interior landscaping tree plantings shall provide a shade canopy of at least 10 feet at maturity, and there shall be a minimum of two shade trees per landscaped island. At full maturity the shade canopy of the trees shall provide shade to 75% of the parking area surface. There shall be a minimum distance of four feet between all trees and the edge of the impervious surface.

(c)

Terminal landscape islands measuring a minimum of six feet by 16 feet inside the curbing at a ratio of one set of islands for every eight spaces is required. All parking aisles shall end in an island.

(d)

Median islands shall have a minimum width of eight feet inside the curb for the length of the parking row and may be interrupted with a pedestrian walkway. A median island is required for every four parking rows at a minimum. Also, each median island requires one canopy tree for every 40 feet in length. Additionally, for parking rows with more than 20 parking spaces utilizing a double-loaded aisle design, a six-foot landscaped island shall run the length of the aisle.

(6)

Drive-through areas. Screening of drive-through aisles shall utilize a five-foot planter between the drive-through aisle and the parking area. The planter shall include a minimum three-foot-tall (maximum four-foot-tall) landscaped barrier planted with trees and other landscaping consistent with those in the parking area. At no time shall the landscaped barrier be pruned in a manner that allows the vehicle headlights from the drive-through aisle to be visible from abutting street rights-of-way.

(7)

Shading requirements. The shading requirement shall apply to all impervious surfacing on which a vehicle can drive, including access drives, parking stalls, and all maneuvering areas. The amount of shade provided by a given tree shall be determined by utilizing the appropriate percentage and square footage of the selected tree species crown after 10 years of planting. Shading credit is given at twenty-five-percent increments based on the amount of tree crown that shades the impervious surface. Overlapping shade does not count twice in the calculation. A shade coverage plan shall be submitted as a part of any application and shall depict the location of each tree, identify the species, size and shade area credited.

(8)

Removal and replacement of landscaping elements, plant materials and trees from approved plans.

(a)

All plant material removed from an approved site plan shall be immediately replaced with similar plant species in one-gallon containers for bushes and shrubbery and the same species of trees at 1.5-inch caliper.

(b)

Tree removal shall be limited to trees which are in poor health, structurally distressed or unsafe. The removal of a tree shall be the final recourse upon determining that it is infeasible to save the tree. Prior to removal, Town staff is to be notified.

Lighting. Lighting shall be provided in all parking areas and shall conform to the standards of § 340-3.16, Outdoor lighting. All fixtures shall be ornamental.

§ 340-13.6 Off-street loading regulation.

In any zoning district, in connection with every building or part thereof hereafter erected which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution of material or merchandise by vehicles, the following shall be provided and maintained on the same lot with such building.

Dimensional requirements. Loading area for local delivery trucks and/or berth for semitrailers' deliveries shall be provided as follows:

(1)

Local delivery truck: 10 feet by 25 feet.

(2)

Semitrailer truck: 12 feet by 50 feet.

General requirements.

(1)

Loading space shall be not less than 14 feet in height.

(2)

No such space shall be located within 50 feet of any property line.

(3)

Loading space shall be located to the rear or side of the principal building and appropriately screened from public view.

(4)

No loading space shall encroach on any part of a fire lane, accessway, parking aisle or parking space.

(5)

Any loading space located within 100 feet of a residential zone shall incorporate noise and screening mitigation features such as walls, berms, landscaping, architectural design features. The Commission may limit the use of such a loading space.

(6)

Loading spaces shall be delineated by permanent paint striping, signage or by other method approved by the Commission.

(7)

If there is a change in use or building size that meets the requirements for an off-street loading space, such space shall be provided and maintained.

Required spaces.

	Office/Retail/Services Use
	5,000 to 25,000 square feet	1 local delivery truck
	Over 25,000 square feet	2 local delivery trucks or 1 local delivery and 1 semitrailer
	Industrial Uses
	5,000 to 15,000 square feet	1 local delivery truck
	15,000 to 50,000 square feet	1 semitrailer
	Over 50,000 square feet	2 semitrailers and 1 local delivery truck
	Institutional Uses
	Less than 50,000 square feet	1 local delivery truck
	Over 50,000 square feet	1 local delivery truck and 1 semitrailer

§ 340-13.7 Soil erosion and sediment control regulations for land development.

Purpose: to ensure that proper provisions have been made to adequately control erosion and sedimentation and reduce the danger of stormwater runoff from a proposed development based upon the best available technology.

Plan requirements. The plan shall contain but not be limited to:

(1)

A narrative that describes:

(a)

The schedule for grading and construction activities, including:

[1]

A checklist outlining the start and completion dates of major operations on the land: installation of erosion control measures, clearing, grading, temporary stabilization, building, permanent stabilization, maintenance and removal of erosion control measures.

[2]

The sequence of grading and construction activities.

[3]

The sequence for installation and/or application of soil erosion and sediment control measures.

[4]

The sequence for final stabilization of the site.

[5]

The name, address and telephone number of persons responsible for maintenance during and after construction.

(b)

The construction details, the installation procedures and the operation and maintenance program for proposed soil erosion and sediment control measures and stormwater facilities.

(2)

In addition to the site development plan requirements of Article V of this chapter, the plan shall include:

(a)

The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities;

(b)

The sequence of grading and construction activities;

(c)

The sequence for installation and/or application of soil erosion and sediment control measures;

(d)

The sequence for final stabilization of the development site;

(e)

Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.

Standards and criteria.

(1)

Plans shall be developed in accordance with the principles as outlined in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended;

(2)

Plans shall minimize erosion and sedimentation during construction;

(3)

Plans shall provide for stabilization and protection from erosion with the project is complete;

(4)

Plans shall prevent off-site erosion and/or sedimentation;

(5)

The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method shall be approved by the Commission.

Decisions. The Commission, the Hartford County Soil and Water Conservation District or other designated agents of the Commission (whichever is appropriate) shall approve (certify) that the soil erosion and sediment control plan complies with the requirements and objectives of this section or disapprove of the plan when the proposal does not comply with this chapter.

Enforcement.

(1)

Zoning permits shall not be issued for construction on any site until the specific erosion control measures, as outlined in the plan, are installed, inspected and approved by the designated agent of the Commission.

(2)

All erosion and sediment control measures and facilities shall be installed and maintained by the developer/owner in proper working order throughout the life of the project as scheduled according to the approved plan.

(3)

Any person, firm or corporation who violates the requirements of these erosion control regulations may be fined under the provisions of Connecticut General Statutes § 8-12, as amended.

(4)

The Commission or its designated agent may require the submission of an erosion and sediment control bond in an amount and form satisfactory to insure compliance with the terms of this section.

§ 340-13.8 Motor vehicle repair and gasoline station regulations.

Intent. The following regulations shall apply to the location, design, construction, operation and maintenance of new, expanded or modified motor vehicle repair and gasoline stations where approval is needed from the ZBA and the Commission.

Permitted uses. Motor vehicle and gasoline stations shall include establishments commonly known as gas stations, gasoline self-service operations, auto repair shops, garages, tow truck service, automobile and truck rental, and the sale of non-automobile-related goods and services. Auto body repair, welding, painting, glass work, gasoline self-service operations and car-washing establishments shall not be permitted as motor vehicle repair and gasoline stations.

Location. The location of the above-referenced uses shall not be permitted on any lot which has a portion of any vehicle entrance to or exit from the lot within 500 feet of any vehicle entrance to a college, school and place of worship, hospital, library, theater, park, playground, institution for children or other similar place of public gathering. No existing use shall become a nonconforming use through the subsequent erection of permitted uses.

Standards.

(1)

All repair work shall be conducted within the principal building on the lot.

(2)

All site and floor drains which may receive detergent, chemicals, oil or other pollutants shall be connected to a holding tank or other equipment satisfactory to the State of Connecticut Department of Energy and Environmental Protection. All such drainage shall not in any case be directed to storm sewers or surface drainage.

(3)

A landscaped area at least 15 feet in width shall be provided between the pump island areas and the front and/or side street line, if any, for the full length of the frontages, excluding the area required for the entrance and/or exit curbs.

(4)

All areas for the parking and storage of vehicles, including customer and employee vehicles, shall be surfaced with an asphalt, bituminous or cement pavement so as to provide a durable and dustless surface.

(5)

Storage tanks shall be located below grade.

(6)

Gasoline self-service pump operations, pump islands and pump island canopies shall conform to all minimum required yards, except that these structures may be up to 35 feet from any front property line.

(7)

There shall be no outside display of merchandise except that petroleum products in cans and windshield wiper blades may be displayed outside the building, provided that such displays shall not be placed closer to a street line than the pump island, and coin-operated dispensing machines for soft drinks, milk, ice and the like, provided that such machines are situated immediately adjacent to the principal building and limited to one machine per street frontage.

(8)

No more than one bay shall open to the front yard.

(9)

There shall be no outside storage of inoperable motor vehicles or motor vehicle parts.

(10)

When required, there shall be an area of at least 1,000 square feet which shall be located to the rear of the principal building and which shall be designed and designated as a disabled vehicle storage area. This area shall be adequately screened from adjoining properties and streets and shall be used for all overnight storage and/or parking of vehicles. The Commission may limit the maximum number of vehicles that may be stored on or parked at a site overnight.

(11)

There shall be no more than two curb cuts per property, except that corner lots may have a third curb cut. Curb cuts shall be separated from other curb cuts and from the intersection of two streets by at least 50 feet. Each curb cut shall have a width of no more than 25 feet exclusive of transition areas or corner tangents.

§ 340-13.9 Alcoholic liquor sales.

The Commission shall not issue a special permit to allow alcoholic liquor sales unless the Commission determines that the proposed alcoholic liquor sales shall not adversely affect public health, public safety and property values.

No building or premises shall be used and no building shall be erected or altered which is used or is arranged, intended or designed to be used as a place where alcoholic liquors are to be sold for consumption on or off the premises if that portion of said building or premises is located within 500 feet measured by a straight line from any lot used for a school, family day-care home, group day-care home, supervised group quarters, place of worship, hospital, library or park, unless the Commission determines that the alcoholic liquor sales shall not adversely affect the health, safety or morals of persons attending any such school, family day-care home, group day-care home, supervised group quarters, place of worship, hospital, library or park.

Any special permit issued hereunder shall be limited to the specific use or accessory use, as applicable, proposed by an applicant and shall not be deemed to apply to all alcoholic liquor sales at the premises generally. Any change in the character of the alcoholic liquor sales use at a premises previously granted a special permit hereunder shall be required to obtain a new special permit pursuant to this section.

§ 340-13.10 Commercial solar photovoltaic installations.

Purpose. The purpose of this section is to promote the orderly creation of commercial solar photovoltaic installations by providing standards for the design, placement, construction, operation and monitoring of such facilities.

Applicability. Construction and use of a commercial solar photovoltaic installation or any part thereof which is interconnected to the local utility electrical grid and generates electricity that can be sold directly into the wholesale electricity market through the regional transmission organization and/or that can be used to serve all or part of the electric load outside their own property needs.

(1)

Special permits/site plan reviews. No tower or telecommunications facility shall be erected, constructed or installed without first obtaining a special use permit or a site plan review from the Commission. A special use permit is required for: a) new tower construction or major modification of an existing tower(s) or repeater(s); b) telecommunications facilities or major modification of existing facilities to be mounted on a tower or structure. A site plan review permit is required for a telecommunications facility that mounts onto an existing building or structure that does not increase the height of the structure beyond what is permitted in this chapter or the erection of an antenna onto an existing tower without alteration to the height of the facility.

(2)

Applicable regulations. In acting on the special permit application, the Commission will proceed in accordance with §§ 340-5.1 and 340-5.3 and this section of this chapter.

Standards.

(1)

Environmental impact statement. An environmental assessment that meets CEPA requirements shall be submitted to the Commission for each regulated facility site that requires such an environmental assessment to be submitted to the CEPA.[1]

[1]

Editor's Note: See Connecticut Environmental Policy Act (CEPA).

(2)

Fencing and signs. The area around the tower and communications equipment shelter(s) shall be completely fenced for security to a height of not less than eight feet or more than 12 feet and gated. Use of razor wire is not permitted. A sign of no greater than two square feet, indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number, either local or toll-free, shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other warning signs and the federal registration plate (where applicable) shall be posted on the fence or as required to meet federal requirements.

(3)

Five-year plan. All applications shall be accompanied by a written five-year plan for the utilization of the proposed facilities. This plan should include justification for capacity in excess of immediate needs, as well as plans for any further development within the Town.

(4)

Glare. The installation design shall avoid off-site impacts from reflectivity from the panels to surrounding existing buildings abutting the site and/or those who may have impacts due to elevation views. A viewshed analysis shall be submitted to demonstrate any glare-related impact mitigation measures.

(5)

Height: as measured from grade below the installation, shall not exceed 20 feet.

(6)

Landscaping/screening.

(a)

(b)

If the facility site is not in a wooded area, a vegetated barrier at least 50 feet deep by 10 feet high around the perimeter shall be planted by the applicant. It shall be of a type that has the potential to reach a height of at least 15 feet at maturity. Existing vegetation surrounding the site shall be preserved and maintained to the greatest extent possible. All landscaping shall be properly maintained to ensure its good health and viability at the expense of the owner(s). All areas disturbed during project construction shall be replanted with vegetation. The Commission may require additional landscaping as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses.

(7)

Noise. Noise-producing equipment shall be sited and/or insulated to guarantee that no increase in noise above ambient levels measured at the property line occurs.

(8)

Operation and maintenance plan. A plan detailing the operation and maintenance of the facility, which includes measures for maintaining all equipment, landscape maintenance, safe access to and within the facility, and stormwater control maintenance.

(9)

Setbacks. Any buildings and equipment installations shall be no closer than 50 feet to any property line, except, when abutting state land, reduced to 25 feet.

(10)

Utility notification. No application will be approved until evidence has been submitted to the Commission that the utility company operating the power grid has approved the interconnection to the power grid. Off-grid systems are exempt from this requirement. Copies of all leases/contracts must be provided with the application, with the exception of the financial terms of said leases/contracts. Off-grid systems are exempt from this requirement.

(11)

Abandonment or decommissioning. If the facility ceases to operate for a period of 120 days or it has reached the end of it useful operational span, the facility shall be removed. The owner or operator shall submit notification by certified mail to the Commission and the Building Department of the proposed date to discontinue operations and plans for removal of the facility.

§ 340-13.11 Telecommunications facilities and towers.

Purpose. The purpose of this section is to:

(1)

Preserve the character and appearance of the Town of Marlborough while allowing adequate telecommunications services to be developed.

(2)

Protect the scenic, historic, environmental and natural or man-made resources of Marlborough.

(3)

Locate towers and/or antennas in a manner which protects property values as well as the general safety, health, welfare and quality of life of the citizens of Marlborough and all those who visit this community.

(4)

Minimize the total number of towers throughout Marlborough.

(5)

Provide standards and requirements for the regulation, placement, design, appearance, construction, monitoring, modification and removal of telecommunications facilities and towers.

(6)

Require the sharing of existing towers and the clustering of new facilities/towers where possible.

(7)

Locate towers so that they do not have negative impacts, such as but not limited to attractive nuisance, noise and falling objects.

(8)

Ensure that new commercial uses are compatible with prevailing rural residential land use patterns as specified in the Town of Marlborough Plan of Conservation and Development.

(9)

Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify telecommunications facilities.

Consistency with federal law. The regulations in this section are intended to be consistent with the Telecommunications Act of 1996 in that: 1) they do not prohibit or have the effect of prohibiting the provision of personal wireless services; 2) they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services on the basis of the environmental effects of radio-frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Exemptions and disallowances. The following wireless telecommunications facilities are exempt: police, fire, ambulance and other emergency dispatch; amateur (HAM) radio, citizens band radio; any existing commercial radio tower, and radio dispatch services for local businesses. Also exempt from this section are antennas used solely for residential household television and radio reception and satellite dishes measuring two meters or less in diameter. No personal wireless service facility shall be considered exempt from this section for any reason, whether or not said facility is proposed to share a tower or other structure with such exempt uses.

Special permits/site plan reviews. No tower or telecommunications facility shall be erected, constructed or installed without first obtaining a special use permit or a site plan review from the Commission. A special use permit is required for: 1) new tower construction or major modification of an existing tower(s) or repeater(s); 2) telecommunications facilities or major modification of existing facilities to be mounted on a tower or structure. A site plan review permit is required for a telecommunications facility that mounts onto an existing building or structure that does not increase the height of the structure beyond what is permitted in this section or the erection of an antenna onto an existing tower without alteration to the height of the facility.

Applicable regulations. In acting on the special permit application, the Commission will proceed in accordance with §§ 340-5.1 and 340-5.3 and this section of this chapter.

Provision for hiring independent consultants. Due to the complex technical character of the information to be provided by an applicant pursuant to this section and the provisions, the Commission may hire such consultants as it deems reasonably necessary to assist it with such determinations as are to be made by it concerning such matters. All expenses incurred by the Commission for such services as part of an application process shall be deemed to be part of the application fee and paid by the applicant. Any failure to pay such expenses shall constitute a violation of the permit and cause the revocation of the permit and all rights thereunder. Upon submission of a complete application for a special use permit, the Commission may provide its independent consultant(s) with the full application for their analysis and review. Applicants with the filing of the special permit or site plan review application shall obtain written permission from the owners of the proposed property(ies) or facility site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s). The Commission will forward a written estimate for the cost of the consultant to the applicant. The applicant will pay this fee within 10 days of receipt of the cost estimate. No application will be approved without full payment. In lieu of estimates, the Commission may require the applicant to fund an account, which the Town may draw upon, to insure reimbursement of those fees; any funds not spent will be returned to the applicant.

Design requirements.

(1)

Landscaping/screening.

(a)

Screening shall be required at the perimeter of the site. If the tower or facility site is in a wooded area, a natural vegetated buffer strip of undisturbed trees shall be retained for at least 100 feet in depth and at least 15 feet in height at all times around the perimeter, and only minimally disturbed where the access drive is located. This provision shall not apply when antennas are attached to existing structures, such as a building, e.g., church steeple, as long as the equipment storage is within an existing building.

(b)

If the tower or facility site is not in a wooded area, a vegetated barrier at least 50 feet deep by 10 feet high around the perimeter shall be planted by the applicant. It shall be of a type that has the potential to reach a height of at least 15 feet at maturity. Existing vegetation surrounding the site shall be preserved and maintained to the greatest extent possible. All landscaping shall be properly maintained to ensure its good health and viability at the expense of the owner(s). All areas disturbed during project construction shall be replanted with vegetation. The Commission may require additional landscaping as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses.

(2)

(3)

Building design. Communications equipment shelter(s) and accessory building(s) shall be designed to be architecturally similar and compatible with each other and the building(s) on adjoining properties. Building(s) shall be no more than 12 feet high or 850 square feet. The building(s) shall be used only for the housing of equipment related to the operation of a wireless telecommunications network. If the building(s) will store any hazardous materials, the design shall include a containment area equal to 120% of the maximum volume of hazardous material that will be stored on site. Buildings and related structures shall use materials and textures that will blend them into the natural setting to minimize the visual impact. Buildings shall be finished or painted in stealth or neutral color tones.

(4)

Tower finish. Tower(s) shall have a galvanized finish unless otherwise required by the Commission. The Commission may require the tower(s) to be painted or otherwise camouflaged to minimize the adverse visual impact.

(5)

Tower sharing/camouflaging. Tower(s) must be of a structural type that will maximize potential sharing. Towers shall be designed to allow for a vertical expansion to a height of 180 feet. The Commission reserves the right to require stealth designs such as towers made to resemble trees or other structures.

(6)

Alternative technology. The applicant shall further demonstrate with written documentation that it has investigated all available "state of the art" alternative technologies which might be effectively employed to provide adequate coverage and/or adequate capacity to the Town in lieu of its proposed facility.

(7)

Commercial advertising. Commercial advertising shall not be allowed on any antenna, tower or accessory building or communications equipment shelter.

(8)

Lighting. No external lighting is permitted, except for manually operated emergency lights for use only when operating personnel are on site.

(9)

Noise. Noise-producing equipment shall be sited and/or insulated to guarantee that no increase in noise above ambient levels measured at the property line occurs.

(10)

Air navigation. No tower or telecommunications facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 of CFR), is permitted.

(11)

Tower structural design. All towers shall be designed so that they collapse upon themselves should a failure occur.

(12)

Backup generator. All generators shall have mufflers and utilize other techniques to reduce noise emission.

(13)

Co-location and Town services.

(a)

Licensed carriers shall share facilities and sites with other licensed carriers where feasible, thereby reducing the number of stand-alone facilities.

(b)

The conversion of a single-use facility to a co-location shall be considered a modification. The Commission may require as a condition of approval of the special permit that the tower/facility owners dedicate a space on the facility for the Town of Marlborough's municipal emergency services and for public health and safety purposes.

Application requirements.

(1)

Appropriate signatures and contacts. The application form and required documents include one each displaying original signature(s) and two photocopies. The following shall be provided: signature(s) of landowner(s), applicant(s), tower owner(s) on the application form or as an attachment thereto.

(2)

An affidavit from the owner of the property acknowledging responsibility for the removal of a tower or facility that is deemed "abandoned" or unsafe by the Commission or is in violation of this section, or whose permit has expired and has not been renewed by the Commission.

(3)

Contacts. The applicant shall submit the exact legal name, address or principal place of business and phone number of the following:

(a)

Applicant. If any applicant is incorporated, a corporation, partnership or other business entity, it shall also give the type of business entity and the state in which it is registered.

(b)

Person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and service shall be deemed to be service upon the applicant.

(c)

Owner of the property on which the proposed tower shall be located and the owner(s) of the tower on which the proposed facility shall be located. Written permission of the owner(s) to apply for the special use permit on the proposed property or facility site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s).

(d)

Identification, address, phone number and contact person for each proposed service provider who might be named as an applicant in addition to the landowner.

(4)

Abutting property owners. The names and addresses of the record owners of all abutting properties within 250 feet of the perimeter of the subject property. The applicant shall notify all the above property owners by certificate of mailing not more than 15 days and not less than 10 days prior to the public hearing date. The applicant shall submit the proof of mailing receipts to the Commission prior to the commencement of the public hearing, along with a signed statement from the applicant or its duly authorized agent certifying that all required property owners were sent a notice. No such notice shall be required for a continued public hearing unless the applicant fails to fulfill this requirement for the opening public hearing date.

(5)

Wireless telecommunications license. Applicants for a telecommunications tower or facility must be a wireless telecommunications carrier licensed by the FCC and shall submit a copy of their license. A special use permit will not be granted for a tower/facility to be built on speculation.

(6)

Contract with provider. Copies of all leases/contracts must be provided with the application, with the exception of the financial terms of said leases/contracts.

(7)

Evidence of need and existing coverage. Applicant shall provide a statement of the benefits expected from the proposed facility with as much specific information as is practicable. Along with written documentation demonstrating that existing telecommunications facility sites in Marlborough, in abutting towns, and within a ten-mile radius of the proposed site cannot reasonably be made to provide adequate coverage and/or adequate capacity to the Town of Marlborough. The documentation shall include, for each facility site listed which is owned or operated by the applicant, the exact location (in longitude and latitude, to degrees, minutes and seconds to the nearest tenth of a second), ground elevation, height of the tower or facility, type of antennas, antenna gain, height of antennas on tower(s), output frequency, number of channels, power output and maximum power output per channel. Potential adjustments to these existing facility sites (including changes in antenna type), orientation, gain, height or power output shall be specified. Radial or tiled coverage plots showing each of these facility sites, as they exist and with adjustments as above, shall be provided as part of the application. Also, include a forecast of when maximum capability would be reached for the proposed facility and for facilities that would integrate with the proposed facility.

(8)

(9)

Federal/state permits. Applicant shall submit copies of all pertinent submittals of all required federal and state permits. If at the time of application all the required permits have not been issued, then the applicant shall submit these permits prior to the issuance of a zoning permit for the proposed tower facility.

(10)

Environmental impact statement. An environmental assessment that meets FCC requirements shall be submitted to the Commission for each regulated facility site that requires such an environmental assessment to be submitted to the FCC.

(11)

Plan of Conservation and Development compliance statement. The applicant shall identify and assess the impact of the proposed facility on areas recommended for conservation in the Marlborough Plan of Conservation and Development and the State Plan of Conservation and Development.

(12)

FAA review. A letter from the Federal Aviation Administration or a designated FAA-approved consultant, indicating the proposed construction complies with all FAA Regulations.

(13)

Hazardous materials disclosure and mitigation plan. The applicant will also list the location, type and amount of any materials proposed for use within the facility that are considered hazardous by federal, state or local governments. Additionally, supply information concerning the methods of use, storage and disposal of any hazardous materials and a containment plan.

(14)

Site selection analysis. A document detailing the site search for the facility and a list of rejected sites. Included in this document shall be a detailed description and justification for the site selected, including a description of siting criteria and the narrowing process by which other possible sites were considered and eliminated, including and not limited to environmental effects, coverage lost or gained, potential interference with other facilities, and signal loss due to geographical features compared to the proposed prime and alternatives sites. This shall include a USGS topographic quadrangle map (scale: one inch equals 2,00 feet[1]) marked to show the site and all rejected sites.

[1]

Editor's Note: So in original.

(15)

Utility statement.

(a)

Shall include the proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and exact locations of the underground route. Detailed plans for emergency power generation, including demonstration of percent of electrical demand being proposed in event of loss of commercial power; type of fuel, storage method and expected means and frequency of fuel delivery to the site for power generation.

(b)

Amount of generator time based on historic power reliability for the area of the facility, proposed frequency and duration of tests, and description of muffler system and methods for noise abatement. Feasibility of wind and/or solar power in conjunction with storage batteries.

(16)

Commitment to available space. Applicants for new tower construction or modification permits shall provide a written, irrevocable commitment valid for the duration of the existence of the tower, to rent or lease available space for co-location on the tower at fair market prices and terms without discrimination to other telecommunications providers.

(17)

Mitigation statement.

(a)

Shall include the construction technique designed to specifically minimize any adverse impacts on the natural environment, including any special design features.

(b)

The methods utilized to preserve the natural vegetation for wildlife habitat and screening for adjoining properties. Additionally, if within the fall zone of a tower there is either a designated inland wetland area or a watercourse, the applicant shall include a plan for removal of the tower and restoration of such areas.

(18)

Land use statement. A description of the existing land use within a one-half-mile radius of the site and any future planned land use of the subject property.

(19)

Applications/plans for other facility sites. Applicants shall submit any applications or plans for other wireless telecommunications facility sites within a ten-mile radius of the Town of Marlborough.

(20)

Past approvals. The applicant shall submit copies of all land use approvals granted for the property, including special permits, site plan review, variances and inland wetlands.

Site development plan and other plans.

(1)

Site plans and maps. All the information required by § 340-5.3 of this chapter, as well as the following information:

(a)

Proposed tower location and any appurtenances, including supports and guy wires.

(b)

Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires and the corners of all appurtenant structures.

(c)

Proposed utilities, the source of power and locations of any proposed utility or communications lines, and exact locations of the underground route.

(2)

Driveways and underground utilities.

(a)

Where new telecommunications towers and facilities require construction of or improvements to driveways of the property, to the extent practicable driveways shall follow the contour of the land and be constructed or improved within existing forest fringe areas and not in open fields. All existing and proposed driveway access utilized shall have a two-inch-thick paved travel surface, including any parking areas. All driveways shall be gated at the edge of the street right-of-way or at a point that allows a vehicle accessing the site to completely park out of the travelway while opening the gate. Utility or service lines shall be buried under ground. The Commission may request input from the chiefs (or their designees) of fire, police and other emergency services regarding the adequacy of emergency access for the planned driveway to the site.

(b)

The Commission may waive the underground utility requirement when the following conditions exist:

[1]

Would result in the significant disturbance of wetlands.

[2]

Ledge.

[3]

Would result in the removal of significant trees.

(3)

Clearing limits. Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.

(4)

Signal propagation. Signal propagation and radio-frequency studies, plots and related material shall be prepared, clearly identified and signed by a qualified radio frequency engineer, including propagation maps showing interfaces with any adjacent service areas. Radial plots shall be in bright colors, showing clear demarcations between signal strengths. Plans shall be on twenty-four-inch by thirty-six-inch sheets, on as many sheets as necessary, and at scales which are no smaller (i.e., no less precise) than listed below. Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s), and original seal(s) and signature(s) of the professional(s) who prepared the plan.

(5)

Location map. Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25:000,[2] and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds to the nearest tenth).

[2]

Editor's Note: So in original.

(6)

Vicinity map. At a scale of one inch equals 416 feet with contour intervals no greater than 10 feet (three meters), showing the entire vicinity within a two-thousand-five-hundred-foot radius of the tower site, and including the topography, public and private roads and driveways, buildings and structure, bodies of water, wetlands, landscape features, historic and archaeological sites, and habitats for endangered or threatened species. Indicate the property lines of the proposed tower site parcel and of all abutters to the tower site parcel (from Assessor's maps or available surveys).

(Reserved)

(Reserved)

(Reserved)

Easements. Indicate any easements, including drainage, fall zone restrictions, and access easement necessary to enter the site from a public way to the tower and/or facility site, along with the names of all abutters or property owners along the easement areas or who have deeded rights to the easement. Additionally, the applicant shall submit evidence to the Commission that the parties involved have acknowledged a willingness to execute any necessary easements as represented in the application.

(11)

Proposed tower and appurtenances plan.

(a)

Plans, elevations, sections and details at appropriate scales, but no smaller than one inch equals 10 feet.

(b)

Two cross sections through proposed towers, drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports.

(c)

Dimension of the proposed height of tower above average grade at tower base.

(d)

Show all proposed antennas, including their location on the tower.

(e)

Details of proposed tower foundation, including cross sections and details.

(f)

Show location of all ground attachments, specifications for anchor bolts and other anchoring hardware and details.

(g)

Details of the tower's finish.

(h)

Indicate relative height of the tower to the tops of surrounding trees as they presently exist and the height to which they are expected to grow in 10 years.

(i)

Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands.

(j)

A professional structural engineer registered in the State of Connecticut shall submit a written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height. Also, the engineer shall submit all the structural design capabilities of the structure, such as maximum wind design, stress point calculations, etc.

(k)

A description of available space on the tower, providing illustrations and examples of the type and number of telecommunications facilities which could be mounted on the structure.

(12)

Proposed communications equipment shelter plan.

(a)

Plans, elevations, sections and details at appropriate scale, but no smaller than one inch equals 10 feet.

(b)

Number of antennas and repeaters, as well as the exact locations of antennas and of all repeaters (if any) located on a map as well as by degrees, minutes and seconds to the nearest tenth of latitude and longitude.

(c)

Mounting locations on tower or structure, including height above ground.

(d)

Antenna(s) types, manufacturer(s), model number(s).

(e)

For each antenna, the antenna gain and antenna radiation pattern.

(f)

Number of channels per antenna, projected and maximum.

(g)

Power input to the antenna(s).

(h)

Power output, in normal use and at maximum output, for each antenna and all antennas as an aggregate.

(i)

Output frequency of the transmitter(s).

(j)

For modification of an existing facility with multiple emitters, the results of an intermodulation study to predict the interaction of the additional equipment with existing equipment.

(k)

Floor plans, elevations and cross sections at a scale no smaller than 1/4 inch equals one foot of any proposed appurtenant structure.

(l)

Representative elevation views, including the roof, facades, doors and other exterior appearance and materials.

Visibility tests. The applicant shall arrange a visibility test as specified below. Not more than 15 days and not less than 10 days prior to the public hearing, the applicant shall fly at a minimum a three-foot-diameter balloon for a three-day period. After the commencement of the public hearing, the applicant shall erect a crane on the site at the tower height. If the crane cannot achieve the tower height, the applicant shall raise a three-foot-diameter brightly colored balloon at the maximum height of the tower from the crane within 50 horizontal feet of the center of the proposed tower. If the site is inaccessible to a crane, the Commission may allow the use of the three-foot-diameter brightly colored balloon. Visibility tests shall be for a four-day period and must include a Saturday and Sunday. Balloons at a minimum shall be flown from sunrise to 12:00 p.m. The dates (including second dates, in case of poor visibility on the initial dates), times and location of the visibility test shall be advertised by the applicant twice in the newspapers listed below not more than 15 days and no less than 10 days and again not more than five days and not less than two days in advance of the first test dates. Such notice will be printed in the following newspapers the Rivereast, Hartford Courant, and the Regional Standard. The applicant shall notify in writing by certificate of mailing the Commission, the Board of Selectmen, and all abutting property owners of the dates and times of the test at least 10 days in advance. Additionally, the applicant shall erect a sign at least six square feet in size on the property stating the times of the visibility test a minimum of 10 days prior to the beginning of the test.

(1)

Visual analysis. The applicant shall develop and submit a written analysis of the visual impact of the proposed tower for a minimum of a two-mile radius. This analysis shall include photographs of the visibility test taken from at least 10 different perspectives within the Town of Marlborough from public areas such as roadways, schools, parks and other Town properties. The Commission may increase or decrease the radius depending on the elevation of a particular site.

(2)

Visibility maps/sight lines. Applicant shall utilize the USGS Quadrangle Map, at a scale of one inch equals 400 feet, with vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at project heights in 10 years. A map of the Town of Marlborough on which any visibility of the proposed tower from a public way (including all existing public rights-of-way) shall be indicated.

Dimensional requirements.

(1)

Height of towers. Towers that provide service for one telecommunications carrier shall not exceed the height of 130 feet. Towers that will provide service for two telecommunications carriers shall not exceed the height of 150 feet. The Commission, upon written request from the applicant, may grant additional tower height up to 180 feet to accommodate future sharing when the Commission finds such a request would not create a greater negative visual impact on the community than a lower tower height at the particular location and consideration of the following criteria are met:

(a)

A letter of intent for co-location from at least two other carriers.

(b)

A location not directly abutting or in the R Zoning District.

(c)

A location within the highway right-of-way of CT Route 2.

(d)

A location on the Town Transfer Station property.

(2)

Height of wireless facility other than tower structure.

(a)

Requirements.

[1]

Height, side- and roof-mounted facilities. Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of the existing building or any building located on the same or abutting property nor project more than 10 feet above the height limit permitted in the zoning district that the property is located.

[2]

Height, existing structures. New antennas located on any of the following structures, such as water towers, guyed towers, lattice towers, fire towers church steeples, and cupolas, shall be exempt from the height restrictions of the zoning district where located, provided that there is no increase in height of the existing structure as a result of the installation of the personal wireless service facility.

[3]

Height, existing public utility structures. New antennas located on electric transmission lines and distribution towers, telephone poles and similar existing utility structures may project an additional 20 feet above the existing structure.

(b)

Height exceptions. If any applicant desires a height greater than permitted above, he may apply to the Commission for a special permit to increase the height.

(3)

No repeater shall be closer than 200 feet to a dwelling unit measured at ground level nor less than 35 feet above the ground.

(4)

Telecommunications tower setbacks. Where guy wire supports are used, setbacks will begin at the base of the guy wire anchored to the ground, not at the base of the tower. No tower shall be built:

(a)

Within 1/2 times the height of the proposed tower horizontally to any structure existing at the time of application which is used as a primary or secondary residence or the structure of primary use and assembly located on nonresidential property; no closer than 750 feet to the property of any school (both public and private), church or to any other public building or athletic fields. Primary or secondary residences are those dwelling units that include toilet facilities and facilities for food preparation and sleeping.

(b)

Within 1 1/2 times the height of the tower horizontally to any boundary line of the property under which the tower(s) or facilities are located, except this restriction may be waived when the adjoining property is owned by the same owner(s) as the tower site. In this case the owner(s) shall place an easement restricting the construction of any expansion of existing buildings/structures or the construction of new buildings/structures on the property within the tower fall zone setback area as long as the tower exists. Also, the Commission may allow the fall zones to extend within a neighboring property if it finds that a substantially better design will result from such a reduction. Such neighboring property shall be subject to an easement, secured by the applicant, preventing the erection of any structures within the fall zone area during the time the tower is in place.

(c)

Within the habitat of any state-listed rare or endangered wildlife or species and a minimum of 150 feet from the perimeter of the habitat area.

(5)

Building(s)/ground equipment setbacks. All buildings housing ground equipment or mounted ground equipment shall be set back a minimum of 50 feet from all abutting property lines and may be located within the fall zone. The Commission may increase this setback for generators, depending upon their noise emission.

Monitoring and evaluation of compliance.

(1)

Basic requirements.

(a)

Pretesting. After the granting of a special permit and before the facility begins transmission, the applicant shall pay for an independent consultant RF engineer, chosen jointly with the Commission, to monitor the background levels of EMF radiation around the proposed facility site and at appropriate distances from it and/or at any repeater locations to be utilized for the applicant's wireless facilities. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Zoning Commission.

(b)

Any major modification of an existing facility or the activation of any additional permitted channels shall require new monitoring.

(c)

The Commission may request the applicant to perform testing to verify that the emissions from the tower facility are in compliance with all permits issued. Such a request for testing shall not be made more than every two years. The applicant shall have 35 days from the date of receipt of the request to perform such testing and submit the results to the Commission. Failure to comply will be considered a violation of the special permit.

(2)

Excessive emissions.

(a)

Should the monitoring of a facility site reveal that the site exceeds the current FCC standards and guidelines, then the owner(s) of all facilities utilizing the site shall be notified. In accordance with FCC requirements, the owner(s) must immediately reduce power or cease operation as necessary to protect persons having access to the site, tower or antennas. In addition, the owner(s) shall submit to the Commission an analysis of what caused the problem and a plan for the reduction of emissions to a level that complies with the FCC standards within 10 business days of noncompliance.

(b)

Failure to accomplish this reduction of emissions within 15 business days of initial notification of noncompliance shall be a zoning violation subject to fines and such other remedies as are otherwise available to the Town, Commission or ZEO pursuant to Connecticut General Statutes. If a violation does occur, the Commission can request a maximum of four random testings for a one-year period after the correction of the violation.

(3)

Structural inspection. Tower owner(s) shall pay for an independent State of Connecticut-registered professional structural engineer to conduct inspections of the tower and all its appurtenances for their structural integrity and safety. Guyed towers shall be inspected every three years. Monopoles and nonguyed lattice towers shall be inspected every five years. A report of the inspection results shall be prepared by the independent consultant and submitted to the Marlborough Zoning Commission. Any major modification of an existing facility which includes changes to the tower dimensions or antenna numbers or type shall require a new structural inspection.

(4)

Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant, renders that tower unsafe, the following actions must be taken: within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s) to the Building Official for approval; the corrections shall be completed within 10 business days of the submission of the remediation plan; failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a zoning violation subject to fines. Such fines shall be payable by the owner(s) of the tower until compliance is achieved.

Abandonment and discontinuation of use.

(1)

Any telecommunications facility which ceases to operate for six consecutive months shall be deemed to be abandoned and removed within 90 days. "Cease to operate" is defined as not performing the normal functions associated with a telecommunications facility and its equipment on a continuous and ongoing basis for a period of six consecutive months.

(2)

Determination of the date of abandonment shall be made by the Zoning Enforcement Officer, who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator/service provider(s) regarding the subject of tower usage. Failure or refusal for any reason by the owner/operator/service provider(s) to respond within 20 days to such a request shall constitute prima facie evidence that the communications tower has been abandoned. Upon a determination of abandonment and notice thereof to the owner/operator/service provider(s), the owner(s) and all others listed as responsible parties shall remove the tower and all facilities and remediate the site within 90 days. At the time of removal, the facility site shall be remediated such that all telecommunications facility improvements which have ceased to be utilized are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. Applicant shall, as a condition of the special use permit, provide a financial surety bond payable to the Town of Marlborough and acceptable to the Commission to cover the cost of removal of the telecommunications facility and the remediation of the landscape should the facility cease to operate. Any special permit granted for the facility will automatically expire.

Bonding. As a condition of approval of a special permit, the applicant shall provide a separate demolition bond in an amount determined and approved by the Commission. The bond shall be for duration and in a form and manner of surety as determined by the Commission, with provision for inspections and Town removal of facilities in the event of failure to perform by the responsible parties.

Duty to remove. The following are considered jointly and severally to be the responsible parties for wireless telecommunications tower and other wireless facility removal and site remediation:

(1)

The owner of the abandoned wireless telecommunications tower or facility (and, if different, the operator of the abandoned tower or facility).

(2)

The owner of the land upon which the abandoned tower or facility is located.

(3)

The lessee, if any, of the land upon which the tower or facility is located.

(4)

The sublessee or sublessees, if any, of the land upon which the tower or facility is located.

(5)

Any communications service provider who or which, by ceasing to utilize the tower or facility or otherwise failing to operate any of its transmitters or antennas on the tower for which it leased space or purchased the right to space on the tower for its transmitters or antennas, and by such ceasing or failure to utilize the tower or facility, in fact, caused the tower to become abandoned.

(6)

Any person to whom, or entity to which, there has been transferred or assigned any license issued by the FCC and under which the tower owner/operator operated the tower/facility.

(7)

Any person or entity which has purchased all or a substantial portion of the assets of the tower owner/operator/service provider(s).

(8)

Any entity which has merged with, or which has arisen or resulted from a merger with, the tower owner or operator or service provider(s).

(9)

Any person or entity which acquired the owner or the operator of the abandoned tower or facility.

(10)

Any parent or subsidiary of any of the foregoing which happens to be a corporation.

(11)

Any managing partner of any of the foregoing which happens to be a limited partnership.

(12)

Any partner of any of the foregoing which happens to be a general partnership.

Failure to remove. In the event that the responsible parties have failed to remove the wireless communications tower or facility and to restore the site within 90 days, the Town of Marlborough may remove the tower and restore the site using the surety bonds deposited at the time of application and may thereafter initiate judicial proceedings against the responsible parties for any portion of the cost not covered by the surety bond.

Severability clause. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision hereof.

Findings of the Marlborough Zoning Commission. The applicant shall comply with the requirements set forth in §§ 340-5.1 and 340-5.3, inclusive, and shall provide all information required to permit the Commission to evaluate the application. The Commission may, in consultation with independent consultants, make all of the following applicable findings before granting the special permit:

(1)

Applicant is not already providing adequate coverage and/or adequate capacity to the Town of Marlborough.

(2)

Applicant is not able to use an existing tower/facility or structure, either within or outside of Marlborough, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of Marlborough.

(3)

Applicant has endeavored to provide adequate coverage and adequate capacity to the Town of Marlborough with the least number of towers and antennas technically and economically feasible.

(4)

Efforts have been made to locate new towers adjacent to existing towers.

(5)

Applicant has agreed to rent or lease available space on the tower under the terms of fair-market lease, with reasonable conditions and without discrimination to other telecommunications providers.

(6)

Proposed telecommunications facility(ies) or tower(s) should make use of available municipal or state lands if those lands conform to appropriate setbacks for this chapter and where visual impact can be minimized.

(7)

The proposal shall comply with rules as adopted in FCC-97-326, as the same may be amended from time to time, and procedures outlined in FCC Bulletin 65 regarding emissions and exposure to electromagnetic radiation, and that the required monitoring program shall be paid for by the applicant. Towers and telecommunications facilities shall be located so as to minimize the following potential impacts:

(a)

Visual/aesthetic. Unless adequate coverage and adequate capacity cannot otherwise be achieved, towers shall be sited off ridgelines and where their visual impact is least detrimental to highly rated scenic areas, such as, but not limited to, those sites designated as scenic in the Marlborough Plan of Development. In determining whether or not a tower will have an undue adverse visual impact on the scenic or natural beauty of a ridge or hillside, the Commission shall consider, but not be limited to:

[1]

The period of time and the frequency of viewing during which the traveling public on a public highway would see the proposed tower.

[2]

The degree to which the tower is screened by topographic features;

[3]

Background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous;

[4]

The distance of the proposed tower from the viewing vantage point and the proportion of the facility that is visible above the skyline;

[5]

The number of vehicles traveling on a public highway or waterway at or near the critical vantage point;

[6]

The sensitivity or unique value of the particular view affected by the proposed development;

[7]

Devaluation of property.

(b)

Safety hazards. In cases of structural failure, ice accumulation and discharge, and attractive nuisance.

(c)

Electromagnetic radiation. In case the tower, guy wires or telecommunications facility is found to exceed the FCC guidelines.

Permit expiration. A special permit granted pursuant to this section shall expire five years from the date of approval. The special permit may be renewed for a new five-year period on application to the Commission, in a form prescribed by the Commission, submitted to the Commission not later than 90 days before the existing special permit's expiration date. Upon such a renewal application, the applicant shall affirmatively demonstrate that all the conditions which form the basis of the initial approval have been implemented and there are no zoning violations and the facility is providing adequate and necessary coverage for the applicant's overall wireless network system.

Definitions and word usage. As used in this section, the following terms shall have the meanings indicated. The word "shall" or "will" indicates mandatory requirements; "may" is advisory and indicates recommendations which are not mandatory.

ANTENNA

A device which is attached to a tower or other structure for transmitting or receiving electromagnetic waves. Examples include, but are not limited to, whip, panel and dish antennas.

AVAILABLE SPACE

The space on a tower or structure to which antennas of a telecommunications provider are both structurally able and electromagnetically able to be attached.

BASE STATION

The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of telecommunications providers can be located on a single tower or structure.

BULLETIN 65

Published by the FCC Office of Engineering and Technology, as may be revised, specifying radiation levels and methods to determine compliance.

CAMOUFLAGED FACILITY

Any telecommunications facility that is designed to blend into the surrounding environment, such as towers and/or attached equipment designed to look like trees or barn silos, etc.

CHANNEL

The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing structure by more than one carrier.

COMMISSION

The Marlborough Zoning Commission of the Town of Marlborough.

DEM

Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt (1/1000th watt), correctly written as "dBm."

ELEVATION

The elevation at grade or ground level shall be given in above mean sea level (AMSL). The height of the wireless service facility shall be given in above ground level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of the wireless service facility is AGL plus AMSL.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box located at the base station, designed principally to house batteries and electrical equipment used in connection with personal wireless service transmissions.

FACILITY SITE

A property or any part thereof which is owned or leased by one or more telecommunications providers and upon which one or more telecommunications facility such as a tower or a mounted antenna and required landscaping are located. This includes any lot or location having met all other criteria in this section that may be able to provide adequate coverage and adequate capacity to a significant portion of the Town of Marlborough.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

Federal Communications Commission. The government agency responsible for regulating telecommunications in the United States.

GRADE OF SERVICE

A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the date. Grade of service is expressed as a number, such as p.05, which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.

GROUND-MOUNTED

Mounted on the ground (see "tower").

GUYED TOWER

A monopole tower or lattice tower that is tied to the ground or other surface by diagonal cables.

HEIGHT OF TOWER

The vertical distance from the highest point of the structure, including antenna, plus any device attached to the grade before construction.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a wireless communications facility.

LOCATION

References to site location as the exact longitude and latitude, to the nearest tenth of a second, which bearing or orientation referenced to true North.

MAJOR MODIFICATION OF AN EXISTING FACILITY

Any change or proposed change in power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special permit.

MAJOR MODIFICATION OF AN EXISTING TOWER

Any increase or proposed increase in dimensions of an existing and permitted tower or other structure designed to support telecommunications transmission, receiving and/or relaying antennas and/or equipment.

MONITORING

The measurement, by use of instruments in the field, of nonionizing radiation exposure at a site as a whole or from individual telecommunications facilities, towers, antennas or repeaters.

MONOPOLE

A single self-supporting vertical pole with no guy wire anchors, usually consisting of galvanized or other unpainted metal or a wooden pole with below-grade foundations. (See "towers.")

MONOPOLE TOWER

The type of mount that is self-supporting with a single shaft of wood, steel, fiberglass or concrete, and a platform (or racks) for panel and whip antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:[3]

OMNIDIRECTIONAL (WHIP) ANTENNA

A thin rod that transmits and receives signals in all directions.

PANEL ANTENNA

A flat surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE PROVIDER

An entity licensed by the FCC to provide personal wireless services to individuals or institutions.

PERSONAL WIRELESS SERVICES

All equipment (including repeaters) with which a personal wireless service provider broadcasts and receives the radio frequency waves which carry its services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or structure(s) owned and permitted by another owner or entity.

RADIATED-SIGNAL PROPAGATION STUDIES OR COVERAGE PLOTS

Computer-generated estimates of the signal emanating and prediction of coverage from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tools for determining whether a site will provide adequate coverage for the telecommunications facility proposed for the site.

RADIO FREQUENCY ENGINEER

An engineer specializing in the design, review and monitoring of radio frequency technologies.

REGULATED FACILITY, SERVICE AND/OR SITE

The equipment, towers, mounts, antennas and other structures subject to local zoning regulation. This includes all telecommunications services not exempt from local regulation under the provisions of the Connecticut General Statutes and the authority of the Connecticut Siting Council, or not exempt from local regulation pursuant to the Telecommunications Act of 1996 or other such federal legislation or federal authority.

ROOF-MOUNTED

On the roof of a building.

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION

The distance between one carrier's array of antennas and another carrier's array.

SIDE-MOUNTED

On the side of a building.

STRUCTURALLY ABLE

The determination that a tower or structure is capable of carrying the load imposed by the proposed new antennas under all reasonably predictable conditions as determined by professional structural engineering analysis.

STRUCTURE-MOUNTED

Mounted on a structure other than a building.

TELECOMMUNICATIONS FACILITY

All equipment (including repeaters) with which a telecommunications provider broadcasts and receives the radio frequency waves which carry its services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or structures owned and permitted by another owner or entity.

TOWER

A support structure intended to support antennas and associated equipment. This includes:[4]

[3]

Editor's Note: So in original.

[4]

Editor's Note: So in original.

The Marlborough Zoning Commission declares a moratorium on all applications for and approvals of permits for personal wireless service facilities, as defined in the Telecommunications Act of 1996, for six months from the date of adoption.

(1)

For purposes of this section, the terms "telecommunications," "telecommunications equipment" and "personal wireless service facility" shall have the meanings ascribed to them in 47 U.S.C. §§ 153 and 332, as those sections may be amended from time to time.

(2)

Telecommunications towers or antennas (including, without limitation, any personal wireless service facility) shall not be a permitted use in any zone until the Zoning Commission adopts revisions to the Zoning Ordinance regulating such telecommunications towers or antennas or for six months following the effective date of this chapter, whichever is sooner.

(3)

This subsection shall not apply to any application for: a) the erection of telecommunications tower or antenna which replaces an existing telecommunications tower or antenna located on the same site; or b) the co-location of additional telecommunications equipment such as transmitters or receivers onto an existing telecommunications tower or antenna; provided, however, that such tower or antenna is otherwise currently permitted in the zone; that such applications shall be approved in the same manner as the telecommunications tower or antenna which is replaced or expanded thereby; and that no such application shall be approved which would allow the continuation or expansion of any nonconforming use.