TOWN OF CLINTON SUBDIVISION REGULATIONS

SECTION 1

PURPOSE AND AUTHORITY

1.1             Declaration of Policy and Purpose: It is declared to be the policy and purpose of the Clinton Planning & Zoning Commission to consider land subdivision as a living part of the community and as part of a plan for the orderly, efficient and economical development of growth of the Town of Clinton rather than as a mere aggregation of lots.  The Regulations are intended to require the following:

(1)       Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace;

(2)       Proper provision is made for water supply, surface drainage and sewage disposal, in order to protect public health and safety and encourage the wise use and management of natural resources throughout the town;

(3)       In areas contiguous to brooks, rivers or other bodies of water, whether or not intermittent, that is subject to flooding, including tidal flooding, that proper provision is made for protective flood and drainage control measures;

(4)       Proper provision is made for an adequate and convenient system for present and prospective traffic needs, with particular regard to the avoidance of congestion in the streets and highways and safe passage for fire-fighting apparatus and other emergency vehicles;

(5)       Streets be in harmony with existing or proposed principle arterial and collector roadways shown on any Plan of Conservation and Development for the Town, which is hereby adopted as a part of these Subdivision Regulations under Section 8-23 of the Connecticut General Statutes, especially in regard to safe intersections with such arterial and collector roadways, so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic and pedestrian needs;

(6)       Proper provision is made for open spaces, parks and playgrounds through efficient design and layout of the land, protecting the natural beauty and topography of the town, including scenic features, wetlands, watercourses, and the coastal area with such areas contiguous to other such areas whenever possible;

(7)               Proper provision is made for control of erosion and sedimentation;

(8)               Streets are properly graded and improved, necessary public utilities and services are provided, and development does not impose burdens on municipal services in excess of their capacity and planned expansion and are developed in harmony;

(9)               Energy efficient patterns of development and land use are encouraged; and

(10)          All subdivisions comply with all applicable provisions of the Clinton Zoning Regulations.

It is intended that these Regulations shall supplement and facilitate the enforcement of provisions and standards contained in any building code, the Zoning Regulations, Inland Wetlands and Watercourses Regulations and the “Construction and Development Standards for the Town of Clinton, Conn.” as may be amended.

1.2             Authority: Pursuant to Chapter 126 of the Connecticut General Statutes, the Planning and Zoning Commission of the Town of Clinton adopts these Regulations for subdivision and resubdivision of land within the Town of Clinton, effective October 1, 2003.  These Regulations supersede and cancel the Subdivision Regulations of the Town of Clinton previously in effect.

1.2.1   Legal Requirements for Subdivision: No subdivision of land within the Town of Clinton shall be made, and no land in any subdivision shall be sold or offered for sale, and no subdivision improvements, as defined in subsection 2.26, shall proceed, until an application including a subdivision plan, prepared in accordance with the requirements of these Regulations, has been approved by the Commission and recorded in the Office of the Clinton Town Clerk.

1.2.2       Penalties: Any person, firm or corporation making any subdivision or resubdivision of land without the approval of the Commission is subject to penalties provided in the General Statutes of the State of Connecticut.  The Town may seek any lawful remedies to uphold the purpose and intent of these Regulations.

1.2.3       Determination of Subdivision and Resubdivision: The Commission shall have the final determination as to whether a proposed subdivision of land constitutes a subdivision or resubdivision, as defined in the Connecticut General Statutes.

1.2.4       Modifications or Revisions to Approved Plans: No plan of subdivision, once approved by the Commission, shall be revised without further approval of the Commission except for minor modifications in road elevations and drainage as may be found necessary and approved by the Town’s designated  Engineer.

1.2.5       Procedure: The Commission, in reviewing any proposed subdivision and the person, firm or corporation proposing a subdivision shall follow the procedures hereinafter specified.  The Commission shall not approve any subdivision unless it conforms to the standards hereinafter described.

1.2.6       Authorization of Construction: No person, firm or corporation shall be deemed authorized to commence any of the work (as defined in subsection 2.56 of these Regulations) proposed in any subdivision except in accordance with the provisions of Section 1.2.7 of these Regulations.

1.2.7       Filing of Subdivision Maps: Applicant shall file the approved Subdivision Map(s) in the Office of the Town Clerk within ninety (90) days of the expiration of the appeal period under Section 8-8 of the Connecticut General Statutes, or in the case of an appeal, within ninety (90) days of the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant.

1.2.8       Other Laws: These Regulations are in addition to other laws, ordinances or regulations governing the development of land and buildings.  Where there is a conflict between requirements, the stricter specification will govern.

1.2.9       Administrative Policy: The Commission may, from time to time, by Resolution, adopt forms, policies, procedures and interpretations for the administration of these Regulations.

1.2.10  Enforcement: The Commission designates the Zoning Enforcement Officer as the enforcement officer for these Regulations.

SECTION 2

DEFINITIONS

For purposes of these Regulations, certain words shall be defined in this Section.  Words in the present tense include the future tense, the singular includes the plural, and vice versa.  The word “shall” is mandatory, not discretionary.  The word “may” is discretionary.  Other words used in these Regulations shall have the meaning commonly attributed to them.

2.1       Access Strip: A portion of the building lot capable of supporting a driveway with the necessary permits obtained prior to the submission of an application to the Commission.

2.2       Applicant, Developer, or Subdivider: An individual, partnership, firm, corporation, legal entity or agent thereof, who or which undertakes the subdivision of land or any activity included in these Regulations.  For purposes of these Regulations, the terms “applicant”, “developer”, and “subdivider” shall be synonymous.

2.3       Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year, sometimes referred to as a “100 year flood”.

2.4       Base Flood Elevation: The particular elevation of the base flood as specified on the Flood Insurance Rate Map for the Town of Clinton for Zones A1 – A30 and V1 – V30.  For unnumbered A Zones, the Zoning Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source as criteria for requiring that new construction, substantial improvements or other development shall meet the requirements of these Regulations.

2.5       Bond: Surety or collateral posted by the applicant which guarantees that all required subdivision improvements shall be completed in accordance with the approved plans and these Regulations.

2.6       Building Square: See Section 8 of the Clinton Zoning Regulations.

2.7       Certification:  For the purposes of compliance with Section 4.5.7, Soil Erosion and Sediment Control Plan, “Certification” means a signed, written approval by the Planning and Zoning Commission that a Soil Erosion and Sediment Control Plan complies with the applicable requirements of these Regulations.

2.8       Clinton Town Road Map: The official map adopted by vote of Town Meeting on May 21, 1984, as amended.

2.9       Coastal Boundary: The boundary defined in Section 22a-93 and described and referred to throughout Section 22a-90 et. sec. of the Connecticut General Statutes, and adopted by the Clinton Planning and Zoning Commission.

2.10    Coastal Resources: The coastal waters of the state, their natural resources, related marine and wildlife habitat and adjacent shore lands, both developed and undeveloped, that together form an integrated terrestrial and estuarine ecosystems, as defined on the Coastal Resources Map, prepared by the Office of Long Island Sound Programs (OLISP), Connecticut DEP, dated 1979.

2.11    Coastal Site Plan: The site plans, applications and project referrals listed in C.G.S. 22a-105, as required in Section 4.6.5 of these Regulations.

2.12         Commission: The Clinton Planning and Zoning Commission.

2.13         Cultural Resources: All buildings and structures over 100 years old, prehistoric, fossil and archaeological sites, stone walls, roads bounded by stone walls, historic sites including house foundations, cemeteries and human burial grounds, human skeletal remains and associated funerary objects, existing trails, and unique features.  For the purposes of these Regulations, lots containing identified cultural resources shall be considered cultural sites.

2.14         Design and Construction Standards: Current Design and Construction Standards of the Town of Clinton, Connecticut, adopted by the Clinton Board of Selectmen pursuant to “An Ordinance Concerning the Construction and Acceptance of Roads in the Town of Clinton”, which may be amended from time to time.

2.15         Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

2.16         Disturbed Area: An area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.

2.17         Driveway: A private access way to and from an improved street or private road which serves only one lot, except as may be approved by the Commission under these Regulations.

2.18         Easement: A written authorization, duly recorded in the Land Records of the Town of Clinton, for a specific purpose or purposes, which one person or agency may have in a designated portion of land of another.

2.19         Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

2.20         Final Subdivision Plan: The final map, drawing or drawings, and all required supporting data upon which the subdivider’s plan of subdivision is presented to the Commission for approval.

2.21         Flood Hazard Boundary Map (FHBM): An official map prepared for Clinton by the Federal Insurance Administration on which the boundaries of flood areas and areas having special hazards have been designated.

2.22         Flood Insurance Rate Map (FIRM): An official map prepared for Clinton by the Federal Insurance Administration on which both special hazard areas and the risk premium zones applicable to the community have been delineated.

2.23         Floodway: The channel of a river or other watercourse and the adjacent land that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1.0 feet anywhere in the Town.  The regulated floodway is delineated on the Flood Boundary and Floodway Map.

2.24         Floodway Map: The official map on which the Federal Emergency Management Agency has delineated the boundaries of the floodway.

2.25         Grading: Any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including land in its excavated or filled condition.

2.26         Improvements: See Work.

2.27         Improved Street: A street which meets either of the following criteria: a) an accepted improved town road or a state highway as classified on Clinton’s Town Road Map, as amended; or, b) a road built to the Design and Construction Standards of the Town of Clinton.

2.28         Inland Wetlands: Land, including submerged land not regulated pursuant to Sections 22a-28 to 22a-35, inclusive, of the Connecticut General Statutes, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and flood plain, by the National Cooperative Soils Survey of the Natural Resources Conservation Service (formerly the Soil Conservation Service).

2.29         Building Lot: A plot or parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings, as specified under the Clinton Zoning Regulations.

2.30         Minimum Square: See Building Square.

2.31         Minimum Width: The frontage requirement as set forth in the schedule District Requirements of the Clinton Zoning Regulations.

2.32         Monuments: Reinforced concrete 30” in length and 4” square at the top and shall contain a cross or some other measuring point in the top center and shall be set and located as more specifically described in these Regulations.

2.33         Cutting or Land Clearing: The cutting or removal of forest tree species on a lot for the purpose of preparing a site for the construction of a building or other structure and/or cutting for the customary maintenance and improvement of a lot.

2.34         On-Site: Located on the lot that the improvements are to serve.

^{(Added 3/1/2005)}

2.35         Open Space: A parcel or parcels of land or an area of water and land set aside for conservation, park or playground purposes.

2.36         Plan: The subdivision plan including maps, profiles, and supporting documents.

2.37         Private Road: See Section 2.45(4).

2.38         Rear Lot: A lot which does not meet minimum frontage requirements.

2.39         Regulations (or These Regulations): The Subdivision Regulations of the Town of Clinton, unless otherwise specified.

2.40         Resubdivision: As defined in the Connecticut General Statutes, a change in the map of an approved or recorded subdivision or resubdivision, if such change 1) affects any street layout shown on the approved map; 2) affects any area reserved thereon for public use; or 3) diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.

2.41         Road: See Street.

2.42         Sediment: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

2.43         Soil: Any unconsolidated mineral or organic material of any origin.

2.44         Soil Erosion and Sediment Control Plan: A plan which sets forth measures to be undertaken for the control of erosion and sedimentation.

2.45         Special Flood Hazard Areas: Areas delineated as Zone A, and Zone A1-A30, Zone V, Zones V1-V30, which are delineated on a map entitled, “Flood Insurance Rate Map, Town of Clinton, Middlesex County, Connecticut, Community Panel Number 090061, 0001 - 0006, revised through January 17, 1997, prepared by the Federal Emergency Management Agency.  Said Map, as it may be amended from time to time by said Agency, is part of these Regulations.

2.46         Street (Also “road” or “highway”): A parcel of land which has been improved so as to be suitable for vehicular traffic and accepted for public use by a Town meeting; or a parcel of land shown and designated as a street to be constructed on a subdivision plan approved by the Planning & Zoning Commission.  The term “street” shall include private roads previously approved under these Regulations.  See Sections 2.46 & 2.47. The terms ”road”, “highway” and “street” shall not include emergency access ways.  Streets are further classified by the following functions:

(1)       Arterial: A major, heavily traveled road serving as an artery for inter-connection between large areas of town or giving access into or circulation within business or industrial areas.

(2)       Collector: A moderately heavily traveled street presently receiving, or having the potential to receive, two or more local roads, private roads or dead end streets.

(3)       Local Residential: A street primarily providing access to abutting lots used for residential purposes, including dead-end streets.

(4)       Private Residential: A road that is privately owned and privately maintained, not identified as a Town Road and not maintained by the Town of Clinton and not a shared driveway. 

(5)       Dead End Street or Cul-de-Sac: A street with only one vehicular outlet, not including an emergency access way.

2.47         Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic, including the subbase and base course.

2.48         Street Right of Way: That portion of land between property lines which defines the limits of land dedicated, secured, or reserved for public or private use, including land over which a street is built and the adjacent area reserved for future widening and improvements.

2.49         Street Line: Property line at street right of way.

2.50         Street Width: The width of the street right-of-way, not the width of the pavement or traveled way.

2.51         Subdivision: As set forth in the Connecticut General Statutes, the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the Commission (October 5, 1964), for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes.  For the purposes of these Regulations, the term “subdivision” shall include “resubdivision” as defined in Section 8-18 of the Connecticut General Statutes.

(Any tract of land consisting of fewer than three (3) legal units or lots on October 5, 1964, whether or not previously subdivided, shall not be considered a subdivision within the scope of this definition).

2.52         Tidal Wetlands: Those areas which border on or lie beneath tidal waters, such as, but not limited to banks, bogs, salt marshes, swamps, meadows, flats or other low lands subject to tidal waters, and whose surface is at or below an elevation of one foot above local extreme high water; and upon which may grow or be capable of growing some, but not all, of those specific plant species listed in CGS Section 22a-29(2), as may be amended.

2.53         Town: The Town of Clinton.

2.54         Town Plan: The most recent Town Plan of Conservation & Development for the Town of Clinton, prepared and adopted by the Clinton Planning and Zoning Commission pursuant to Section 8-23 of the Connecticut General Statutes, and includes any part of such Plan separately and any amendment to such Plan or parts thereof.

2.55         Watercourses: Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or boarder upon this state or any portion there of, whether intermittent or not, not regulated pursuant to Sections 22a-28 to 22a-35, inclusive.

2.56         Wetlands: The term “wetlands” as used in these Regulations, is defined in Section 22a-38 of the Connecticut General Statutes, as amended.

2.57         Work, or Improvement(s): All physical improvements required by an approved subdivision plan, other than the staking out of lots, and including but is not limited to the construction of roads, storm drainage facilities, and water and sewer lines, the setting aside of open space and recreation areas, installation of telephone and electric services, planting of trees or other landscaping, and installation of retaining walls or other structures (Section 8-26c(b) of the Connecticut General Statutes).  “Improvements” and “work” are used interchangeably in these Regulations.

SECTION 3

APPLICATION PROCEDURES AND APPROVAL PROCESS

3.1       Informal Preliminary Consideration: The Commission strongly recommends for re-subdivision and subdivision applications that, prior to the submission of a formal application for approval of a subdivision, the applicant present a preliminary plan for informal consideration by the Commission.  The purpose of this review is to ensure that basic requirements can be met prior to incurring application, surveying, engineering and legal fees associated with a formal application submission.  Experience has indicated that alternatives or changes recommended by the Commission may be made before the developer incurs engineering, application and legal costs which may be involved in presenting a formal application.  The preliminary plan should be submitted with a clear understanding that preliminary plans enjoy no official status and that consent with regard to feasibility of preliminary plans on the part of the Commission in no way implies approval of the formal application.  The Commission may schedule a field visit to the site of the proposed development as part of its preliminary review.  Preliminary plans have no official status.  No fee or application form is required for submission and review of a preliminary subdivision plan.

3.1.1       Submission of Preliminary Plan: A potential applicant may submit a preliminary plan for consideration.  At least thirteen (13) copies of the preliminary plan of the general layout shall be submitted to the Planning and Zoning Office by the closing date prior to a regular meeting of the Commission to allow for placement on the next meeting agenda.  The applicant or an authorized representative of the applicant shall attend the meeting of the Commission to discuss the preliminary plan.

3.1.2       Contents of Preliminary Plan: A preliminary plan shall show sufficient information to enable the Commission to make a general review under the standards of these Regulations.  The preliminary plan, presented at a scale no greater than 1” equals 100’, shall generally show proposed lots, easements, roads, open spaces, drainage, contours at ten foot intervals, utilities, location map showing the subdivisions and open space within one mile at a scale of 1” equals 800’, and other information pertinent to the subdivision.  Concept sketches showing alternative layouts may also be submitted.

3.1.3       Identification of Cultural Resources: Upon receipt of a preliminary plan, the Commission may request the applicant refer a copy of the plan’s location map to and obtain comments from the following agencies or individuals for comment concerning the location of cultural resources on or near the site of the proposed development: Connecticut Historical Commission; State Archaeologist; Clinton Historical Society; Town Historian; other recognized archaeological and historical authorities.  Based on comments received, the Commission may determine that a cultural resources assessment must be submitted as a part of a formal application.

3.2       Formal Submission of Applications: All applications for subdivision or resubdivision, together with maps, plans, documents and data required by these regulations, shall be submitted by mail or by hand to the Planning and Zoning Office in the Clinton Town Hall.  An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of Section 4 of these Regulations have been received.  In order to receive prompt consideration of an application, the complete application should be submitted no later than ten (10) days prior to the Regular meeting in order to allow sufficient time for staff review.  The Commission shall determine that the information submitted is complete and in accordance with all requirements of these Regulations.  Incomplete applications shall be officially received by the Commission, but failure to submit a complete application may be cause for disapproval of an application.

3.3       Establishing a Date of Receipt: In accordance with Connecticut General Statutes, the official date of receipt of an application shall be the date of the next regularly scheduled meeting of the Commission immediately following the day of submission of the application to the Planning and Zoning Office, or 35 days after submission whichever is sooner.

3.4       Site Inspection as a Part of Application Review: The Commission or its duly authorized representative(s) may inspect the subdivision site to review the suitability of the site and the accuracy of all submissions.  Submission of an application confers the right to the Commission or its designated agent(s) to visit the site.

3.5       Waiver of Requirements and/or Provisions: When the Commission finds that extraordinary hardships or practical difficulties may result from compliance with these Regulations, it may waive certain requirements under the regulations by a three-quarters (3/4) vote of all the members of the Commission in cases where conditions exist which affect the subject land and are not generally applicable to other land in the area, provided that such waiver does not conflict with the intent and purposes of these Regulations.  A request for a waiver should be presented in writing by the applicant at the time when the subdivision application is first submitted.  The request should state how the proposed waiver meets the requirements stated above.  Any waiver granted shall not be a precedent for any future waiver, and the Commission may attach any reasonable conditions to the granting of the waiver.  The Commission shall state upon its records the reason for which a waiver is granted in each case.

3.5.1       Findings Required for Waiver: The Commission shall not approve a waiver unless it finds in each specific case that:

(1)       Such alternative standards are prepared by a professional engineer licensed as such by the State Board of Registration for Professional Engineers and Land Surveyors of the State of Connecticut; and

(2)       The granting of a waiver will not have a significant adverse impact on adjacent property or on public health and safety; and

(3)       The request for a waiver is a result of unique or severe problems of topography or other existing site conditions which affect the subject land and are not generally applicable to other land in the area; and

(4)       The waiver will not create a conflict with the provisions of the Zoning Regulations, the Town Plan of Conservation and Development, Town Ordinances, Design and Construction Standards or Regulations of other Town Boards and Commissions.

3.6       Subdivisions Involving Inland Wetlands

3.6.1   Application for Inland Wetland Permit: When an application for a proposed subdivision or resubdivision involves land regulated as an inland wetland or watercourse under the provisions of the Connecticut General Statutes, the applicant shall file an application for an approval by the Clinton Inland Wetlands Commission no later than the day the application is officially received by the Planning and Zoning Commission for the subdivision.  At the time of official receipt, evidence of submission to the Inland Wetlands Commission shall be provided by the applicant to the Planning and Zoning Commission.

3.6.2       Timing of Commission Decision: The Planning and Zoning Commission shall not render a decision on the subdivision application until the Inland Wetlands Commission has submitted a report with its final decision to the Planning and Zoning Commission.  The Commission shall then render its decision within thirty-five days of the date of decision of the Inland Wetlands Commission or within the statutory time limits for a Planning and Zoning Commission, whichever is later.  In making its decision, the Planning and Zoning Commission shall give due consideration to the report of the Inland Wetlands Commission.  It is in the interest of these regulations to preserve wetlands and watercourses in their natural state to the greatest extent possible and to maintain purity and clarity of such wetlands and watercourses.

3.7       Referrals and Review by Others

3.7.1       Transmittal of Application Materials: The Commission, or the applicant when specifically directed by the Commission, shall transmit copies of maps, plans, and documents to other officials and agencies where required and where appropriate, such as the following, for advisory reports and consultation and/or for approval as may be required by law.  A copy of the transmittal letter shall be submitted to the Commission as a part of the application materials:

(1)       Town Engineer: Maps and plans for review in accordance with Design and Construction Standards, with particular regard to street design, storm drainage and other utility systems.

(2)       Town or Commission Attorney: Bonds, easements, deeds, agreements and other legal documents.

(3)       Sanitarian/Water Pollution Control Authority: Sanitary reports, maps and plans, with particular regard to on-site water supply and sewage disposal systems.

(4)       Connecticut Department of Transportation: Maps and plans, with particular regard to street and utility connections with State Highways.

(5)       Inland Wetland and Conservation Commission: Maps and plans, with particular regard to natural features of the site, including conservation elements, water resources and soils.

(6)       Park and Recreation Commission and Qualified Potential Open Space Recipients: Maps, with particular regard to open spaces for parks and playgrounds, conservation, passive recreation, etc. 

(7)       Fire Department/Fire Marshal: Maps and plans with particular regard to elements of fire protection and fire fighting resources.

(8)       Notice to Water Company: In accordance with Connecticut General Statutes 8-31, for any subdivision within the watershed of a water company, written notice of the application to the water company.

(9)       Other persons or agencies as appropriate: Including the Tree Warden, Municipal Historian, Department of Public Works and emergency services personnel.

3.7.2       Referral to CRERPA and Mid-State RPA: Any plan for subdivision of land which abuts or includes land in one or more municipalities as well as Clinton shall be submitted to the Connecticut River Estuary Regional Planning Agency and the Mid-State Regional Planning Agency, in accordance with CGS 8-26b.

3.7.3       Notice to Adjoining Municipalities: Notice shall be given by the Planning and Zoning Commission to the Town Clerk of an adjoining municipality in accordance with CGS 8-26 for any project in which the following applies:

(1)       Any portion of the property affected by a decision of the Planning and Zoning Commission is within 500 feet of the boundary of the adjoining municipality;

(2)       A significant portion of the traffic to the completed project will use streets within the adjoining municipality to enter or exit the site;

(3)       A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or

(4)       Water runoff from the developed site will impact streets or other municipal or private property within the adjoining municipality.

Referrals shall be made no later than seven days after the date of official receipt of the application.  No hearing shall be conducted unless appropriate referrals have been made.

3.7.4       Notice to Connecticut Department of Environmental Protection, Office of Long Island Sound Programs: Any subdivision fully or partially within the Coastal Area Management boundary, as indicated on the Clinton Zoning Map, shall be forwarded to the DEP/OLISP for comment.

3.8             Public Hearing: A public hearing regarding an application for a subdivision may be held by the Commission if, in its judgment, the circumstances require such action.  The Commission shall hold a public hearing on all applications for a resubdivision.  Notice of any public hearing shall be given as required by law.  In addition, at least fifteen days prior to the date of the public hearing and continuously thereafter until the close of the public hearing, the applicant shall post a notice of the hearing on the property for which the subdivision has been applied for.  Said notice shall be in the form of a freestanding sign, facing each adjacent public street, placed no more than thirty feet (30’) from the public right-of-way and be clearly legible from the public street.  Said sign shall be produced of weather resistant material, shall be professionally lettered with a maximum letter size of two inches (2”).  The sign shall not be greater than twenty square feet (20 sq. ft.)

The sign shall contain the following text and the applicant shall fill-in the date and time of the hearing:

“Application pending on this property before the Planning and Zoning Commission for which a hearing is being held:

Time: 

Date:

Place:             Town Hall

                        54 East Main Street

                        Clinton, CT 06413

For information, call (860) 669-6133.”

The applicant must provide evidence of the date of erection of the sign, such as legible photographic evidence.  Whether or not a public hearing is held, every applicant shall be afforded the opportunity to appear before the Commission to discuss the application before final action by the Commission.  If a subdivision application requires action on a special exception application, such as for a rear lot, a simultaneous public hearing will automatically be held on the subdivision application as well.

3.8.1       Notification of Abutting Property Owners – Applicant’s Responsibility: When a public hearing is scheduled, the applicant shall prepare a list of names and addresses of the owners of all property any portion of which is within 300 feet of the property to be subdivided, as shown on the Assessor’s records of the Town of Clinton on the date of receipt of the application by the Commission.  The applicant shall mail notification of the scheduled public hearing, which may be in the form of the legal notice, to at least one owner of each property not more than twenty (20) and not less than ten (10) days prior to the date of the public hearing.  Evidence of such mailing shall be submitted  to the Planning and Zoning Commission not later than the commencement of the public hearing.  Failure to comply with the required notification requirement shall be cause for denial of the subdivision application. 

3.9       Planning Commission Action: Pursuant to Section 8-26(d) CGS, within 65 days after the close of the public hearing, or within 65 days after receipt of such application if no public hearing is held, the Commission, by majority vote of members present and voting, shall approve, modify and approve or disapprove the application for subdivision or resubdivision.

            The applicant may consent to one or more extensions of any period required for commencing a public hearing, completing a public hearing or rendering a decision, provided that the total extension of any such period shall not be longer than the period specified under the Connecticut General Statutes.

            Not withstanding the above, the Planning and Zoning Commission shall not render a decision on the application until the Inland Wetlands and Watercourses Commission has submitted a report with its final decision to the Planning and Zoning Commission.

3.9.1       Items Which Shall be Provided Prior to Approval: The following items shall be provided prior to approval of a subdivision or resubdivision application, as applicable:

(1)       Presentation of any proposed conveyance, easements and deeds, including proposed or existing legal documents, in accordance with the requirements of Section 4.6 at the time of submission;

(2)       Submission of a construction and inspection schedule, approved by the First Selectman or designated agent, including establishment of a date when construction of roads, drainage and other improvements may commence, to be submitted with the application;

(3)       Written evidence of application to the Connecticut Department of Transportation for any proposed street or storm drainage system which joins with a State Highway; the Commission may require written proof of Connecticut DOT intent to issue a permit for the proposed activity or confirmation from Connecticut DOT of the receipt of the application.  This is to be submitted prior to the close of the public hearing or, if there is no public hearing held, prior to the next regularly scheduled meeting after the receipt of the application;

(4)       Written evidence of approval from the Clinton Inland Wetlands and Conservation Commission, as may be required under the regulations of such Commission, for conduct of any activity necessary to complete required streets, drainage and other subdivision improvements, which is to be submitted prior to the close of the public hearing or, if there is no public hearing held, prior to the next regularly scheduled meeting after the receipt of the application;

(5)       Written evidence of an application to the Commissioner of the Department of Environmental Protection for a permit, as may be required for regulated activity within a tidal wetlands area as defined in Section 22a-29 of the Connecticut General Statutes; the Commission may require written confirmation of DEP receipt of the application, which is to be submitted prior to the close of the public hearing or, if there is no public hearing held, prior to the next regularly scheduled meeting after the receipt of the application;

(6)       Written evidence of an application to the US Army Corps of Engineers for any activities within the Corps’ jurisdiction; the Commission may require written proof of Army Corps intent to issue a permit for the proposed activity, which is to be submitted prior to the close of the public hearing or, if there is no public hearing held, prior to the next regularly scheduled meeting after the receipt of the application;

(7)       Where the subdivision involves construction of improvements or excavation, grading or depositing of materials in a Special Flood Hazard Area, presentation of evidence to the Zoning Enforcement Officer so that he can ensure that development activities comply with requirements of Section 4.6.6 and 5.3 of these Regulations, which is to be submitted at the time of the submission of the application;  

(8)       Posting of a security acceptable to the Commission, guaranteeing completion of any required road, storm drainage, installation of property markers and monuments, or other subdivision improvements in accordance with the approved plan, as required in Section 3.11.  The security is to be posted with the Town of Clinton prior to or simultaneously with the filing of the Record Subdivision Map(s) on the Clinton Land Records;

(9)       Installation and maintenance of soil erosion and sediment control measures in accordance with the certified Soil Erosion and Sediment Control Plan, as required by Section 4.5.7.  The soil erosion and sediment control measures are to be installed prior to or simultaneously with the filing of the Detailed Layout Plan(s) on the Clinton Land Records.

3.9.2       Modifications: In approving the application, the Commission may require modifications of the maps and/or documents submitted as part of the application to preserve the purpose and intent and assure conformance with these Regulations.  Such modifications shall be made by the applicant and submitted within thirty (30) days for Commission or ZEO review, as directed by the Commission’s approval, prior to endorsement of the subdivision plans by the Commission.

3.9.3       Statement of Reasons for Decision: In approving, modifying and approving, or disapproving an application, the Commission shall state in its records the reasons for its action.  The Commission shall give notice of its decision as required by law.

3.10    Approval:  “Approval” of a subdivision shall not be complete until the following requirements have been fulfilled:

(a)       Within fifteen (15) days following official action or decision of the Commission on an application for subdivision, notice of such action or decision shall be published in a newspaper having a general circulation in the Town and sent by certified mail to the applicant. (Section 8-26, C.G.S.)

(b)       A further period of fifteen (15) days following the date of publication of such action or decision shall be allowed, within which any person aggrieved by such action or decision of the Commission may appeal to the Superior Court of Middlesex County (Section 8-28 C.G.S.).  The Commission shall not endorse the map(s) and legal documents until after the time for taking an appeal from the decision has elapsed, or in the event of an appeal, upon termination of such appeal by dismissal, withdrawal or judgment. 

(c)        Upon completion of items (a) and (b) above, and in accordance with the provision of Section 3.12 of these Regulations, said map(s) and legal documents, endorsed by the Chairman or Secretary of the Commission as required by law, shall be made available for the applicant to file in the Office of the Town Clerk consistent with Section 3.13 of these Regulations.

3.11    Posting a Bond/Security: As part of the subdivision application, the applicant shall provide an estimate of the cost of all work to be performed on the subdivision, which the Commission may use to determine the amount of the required security.  Within 90 days of the date of approval of the subdivision, or in the event of an appeal, within 90 days of the termination of such appeal by dismissal, withdrawal or judgment, and prior to endorsement of the approved plan, the applicant shall post a sufficient security, a performance bond, in an amount acceptable to the Commission and in a form acceptable to the Commission’s attorney, to guarantee one of the following:

(a)               Satisfactory completion of all work shown on the plan, or

(b)               Restoration of the development site to a safe and attractive condition in lieu of completion of work, provided that the applicant guarantees in writing that no lots will be sold or offered for sale, no building permits will be sought, and no individual lot development (as opposed to subdivision improvements) including tree clearing and grading will commence until an acceptable security for completion of remaining subdivision work is posted with the Town of Clinton.  Violation of this provision shall be grounds for revocation of the subdivision approval.

When the option of posting security for restoration of the development site has been utilized (Option (b) above), the developer shall post sufficient security for satisfactory completion of all remaining work shown on the plan prior to proceeding with installation of structural drainage, including installation of drainage pipes and/or catch basins, and prior to any road paving.

3.11.1  Bond/Security Requirements: When a performance bond(s) are to be posted, the applicant shall execute an agreement and then file the bond  with the Commission in accordance with the following procedure.  The Commission shall seek the advice and assistance from the Board of Selectman and the Town Engineer with regard to the bond agreement.

(1)       Amount: For the purposes of this section, security amount shall preferably be estimated prior to approval of the application, and no later than the end of the appeal period (Section 3.10(b)) and shall take into account no less than the following:

(a)       The full cost of the required work as if let-to-bid by the Town of a current date for completion within two (2) years;

(b)       No less than ten (10%) additional compounded for each of three (3) subsequent years to cover changing cost;

(c)        Not less than 25% of the full cost to cover non-aggregated construction items in the event of default.

(2)       Form: Performance bonds and bond agreements shall be duly executed on forms provided by the Commission and with proper references to all plans showing work to be done.

(3)       Bonds: Such performance bonds shall be cash bonds in the form as prescribed by the Town of Clinton Finance Department and shall be accompanied by a tracking form from the Commission that has the name and address of the obligor, the title of the project and the date of Commission approval.  A duplicate list of all such bonds shall be kept by the Commission and by the Finance Department, setting for the name and address of each obligor, the name of the project, the dates of approval and the disposition of the bond.  Interest accruing to each such account shall belong to the obligor upon satisfactory completion of the project.

(4)       Term: The security must be set and continuously maintained for the duration of the five-year project (or other time for completion of the subdivision as designated by State Statute) unless release by vote of the Commission.  The cost of the remaining work shall be reviewed at least at two (2) years, four (4) years and five (5) years following the approval of the subdivision and every one (1) year thereafter in the event of extension with the bond amount adjusted to reflect the current and projected construction and other costs.

(5)       Bonding in Phases: In order to avoid the need for very large subdivision bonds, and to avoid extensive disruption of the entire site at any one time, a subdivision may be constructed in phases, with approval of the Commission and consistent with the requirements of these Regulations.  In phased subdivision, separate security may be posted for each phase.  Upon completion of an earlier bonded phase, the developer may request and may receive approval from the Commission to transfer the security to a later phase.

(6)       Non-Completion of Secured Site Improvements: Should the developer fail to complete the secured site improvements in a manner satisfactory under Town requirements, the security or securities deposited with the Town may be used by the Town, upon notification of the obligor(s) to complete all or part of the required site improvements or, at the discretion of the Commission, to restore the property to a safe and attractive condition, provided that no individual lots have been sold or developed in the area where improvements are lacking.

3.11.2  Separate Soil Erosion and Sediment Control Bond: The Commission may require that measures and facilities specified on the Soil Erosion and Sediment Control Plan be guaranteed by a separate cash bond.  In the event of failure of the developer to maintain proper soil erosion and sediment controls on the subdivision site, the security required under this Section may be used by the Town, after notification of obligor(s), to stabilize eroding areas, remove sedimentation, and otherwise correct sedimentation and erosion problems on site.

3.11.3  Failure to Post the Required Bond: In the event that the applicant fails to post the required bond within the time allotted, the Commission shall declare the approval null and void.  At its discretion, and upon written request by the applicant, the Commission may extend the time for posting the bond.

3.12    Endorsement and Delivery of Plan: One complete fixed line photographic Mylar set of plans, two (2) print copies of the construction plans, two (2) print copies of the subdivision map, and two (2) digital copies of a format that is compatible with  the Town’s GIS program shall be delivered to the Planning and Zoning Office within thirty (30) days of the date of a Commission vote to approve the subdivision application.  Such plans shall contain all modifications or stipulations required by the Commission as part of its approval.  All molars shall contain the raised seal and original signature of the engineer and/or surveyor certifying the plan.

            Endorsement of the plan by the Commission shall not be executed until the end of the appeal period as set forth in Section 3.10, and until all conditions of approval have been met, including posting of any required security and submission of the final corrected plans and executed legal documents.  If the applicant fails to comply with these requirements, the Commission may declare the approval null and void.

3.12.1  Commission Endorsement of Plan: Upon receipt of final plans, including any required modifications, executed legal documents, and the posting of any security required as part of the approval, the Chairman or Secretary of the Commission shall endorse the final plans, the date of approval and the date of the five (5) year limitation on completion of improvements pursuant to Section 3-17 of these Regulations and Section 8-26(c) of the Connecticut General Statutes.  The applicant will then be notified that the endorsed plans and legal documents are available for recording with the Office of the Town Clerk.

3.13    Filing and Recording Plan: The applicant shall file and record the approved and endorsed map(s) and legal documents, with the exception of deeds for Town roads, within ninety (90) days of the expiration of the appeal period, or in the case of an appeal, within ninety (90) days of the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant, except that the Commission may, by majority vote, extend the time for such filing and recording for two additional periods of ninety (90) days each (or as otherwise permitted by C.G.S.), and approved plans shall remain valid until the expiration of such extended time.  Failure to file the approved and endorsed plans within the ninety (90) day period or any extensions thereof which are approved by the Commission shall render the subdivision approval null and void.  Filing and recording fees shall be paid by the applicant.

3.14    Authorizing Commencement of Construction: Any “work” or “improvements” as defined in Section 2.6, including all construction and installation of roads, drainage and other improvements required by these Regulations, shall not be deemed authorized and shall not be commenced until:

(1)       the time for taking an appeal from the action of approval of the application by the Commission has elapsed, and in the event of an appeal, termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant; and,

(2)       the Commission or its designated agent has authorized such construction upon finding that the applicant has met all conditions of approval prior to such construction including the submission of required surety bonds consistent with Section 3.11; and,

(3)       the construction plans for streets, drainage and other improvements have been approved by the First Selectman or his authorized agent, as evidenced by the issuance of a road construction permit under the procedures established in the Town’s Design and Construction Standards.

3.15    Inspection of Improvements: Each phase of the construction of any street, drainage facility or other improvement which is part of the approved subdivision, shall be carried out subject to the supervision and inspection by the First Selectman, through his authorized inspector.  The Commission recommends that it not be the Zoning Enforcement Officer by reasons of possible conflict.  The inspector shall ensure that all specifications and requirements are met during construction, in accordance with the Town’s Design and Construction Standards.  Said inspector shall, after each stage of construction, notify in writing the First Selectman and the Commission when all required improvements have been constructed as required by the Commission consistent with Sections 3.19 and 3.20 of these Regulations.

3.15.1  Fee for Inspection of Improvements: The developer shall pay to the Town a fee for all reasonable costs incurred in the inspection and any re-inspection, if necessary, in accordance with a schedule of fees established by the First Selectman under the Design and Construction Standards.

3.15.2  Compliance with Plans: If the First Selectman’s designated agent finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with plans and specifications submitted by the subdivider as part of the subdivision application, the inspector shall so report to the Commission.  The Commission shall then notify the developer, and if necessary the company guaranteeing the bond or security, and shall take all necessary steps to preserve the Town’s rights under the terms of the bond or security.

3.15.3  Schedule of Inspections: The Commission or its designated inspector shall have the right to enter upon the premises and to inspect, or cause to be inspected, construction work authorized by subdivision approval at any time, with or without notice, during, before or after regular business hours.

For subdivision road and drainage improvements, the work shall be inspected in accordance with the schedule set forth in the Town’s Design and Construction Standards, with written reports to the Commission at each step of construction.

The developer shall not precede to work on any subsequent stage until the preceding stage has been inspected and approved by the designated inspector.

3.16    Changes During Construction

3.16.1  Modifications: If at any time during the construction of the required improvements, unforeseen field conditions make it necessary or preferable to modify the location or design of such improvements, the developer shall notify the Commission or the Zoning Enforcement Officer, who shall determine whether the change is minor in nature or whether the Commission itself must act on the proposed change.  If the change is minor, the Zoning Enforcement Officer shall either approve or disapprove the developer’s request, and shall notify the Commission at its next regular meeting, and the action shall be noted in the meeting minutes.  If it is determined that the change is not minor, the developer shall submit an application for a modification of the subdivision approval.  Such application shall meet all the informational requirements of Section 4, as applicable.  Any change which affects any street layout or any area reserved for public use shall require a resubdivision, as required by State Statute.

3.16.2  Additional Work: If during the course of construction of any new street, or any other improvements required by the Commission in connection with the approval of a subdivision, it appears that additional work is required owing to unforeseen conditions such as, but not limited to springs, ancient drains, wet conditions, drainage from cuts, bedrock, or other conditions which were not apparent at the time of approval by the Commission, the Commission may require additional work to be done and may require additional security to be posted by the applicant.  The Commission reserves the right to require the installation of additional sedimentation and erosion control measures as may be recommended by any of the Town’s designated inspectors, and any additional bonding.

3.17    Completion of Work: Pursuant to Section 8-26(c) C.G.S., any person, firm or corporation making any subdivision of land shall complete all work as defined in Section 2.51 of these Regulations in connection with such subdivision within five (5) years after the date of the vote for approval of the plan for subdivision.  The Commission endorsement of approval on the plan shall state the date on which such five year period expires.

            The subdivider or his successor in interest may apply for and the Commission may grant one or more extensions of the time to complete all or part of the work in connection with such subdivision, provided the time for all extensions shall not exceed ten (10) years from the date the subdivision was approved.  If the Commission grants an extension of an approval, the Commission may condition the approval on a determination of the adequacy of the amount of the bond or other security required under Section 3.11, securing to the municipality the actual completion of work.

            Failure to complete all required work within the time period approved by the Commission may result in automatic expiration of subdivision approval provided that the Commission shall have filed on the Land Records notice of such expiration and endorsed on the filed map(s) and legal documents a notation that the five (5) year period has expired without completion of the work.  In such event, the Commission shall also file a notice on the Land Records that no additional lots shall be conveyed by the subdivider except with the approval by the Commission of a new application for subdivision or resubdivision of subject land.  If lots have been conveyed during the five year or other approved period, the Town may call the performance bond or bonds of the subdivision to the extent necessary to complete the bonded improvements and utilities required to serve those lots.  The Commission’s action shall be consistent with Section 8-26c(b) of the Connecticut General Statutes.

3.18    Maintenance of Improvements: The applicant shall be required to maintain all improvements in the subdivision and provide for snow removal, street cleaning, drainage and general maintenance on streets and sidewalks until acceptance of said improvements by the Town.  In the event that the applicant fails to comply with this subsection, the Town is authorized, through the Board of Selectmen, to perform the necessary work, without incurring any liability, and charge such work to the applicant.  The Commission may require that as part of the bond required for said subdivision, a portion of said bond be established at the developer’s expense to pay for such maintenance and snow removal, from which the Town may draw funds, after notification to developer or obligor, to pay for the work if the applicant fails to comply with this subsection within five years or within such extensions as may be provided in accordance with Section 3.17 of these Regulations.

3.19    Certificate of Compliance/Release of Bonds: Prior to the release of any performance bonds required as a part of a subdivision approval and prior to the issuance of a Certificate of Compliance, the applicant shall demonstrate completion of improvements as follows:

(a)       Monuments: The applicant’s surveyor, licensed to practice in the State of Connecticut, shall certify the installation and precise location of monuments by noting such monuments and their location on the Mylar construction plans and by signing and sealing the plan.  Permanent monuments shall be constructed and placed as follows:

(1)       Monuments shall be of reinforced concrete 30” in length and 4” square at the top and shall contain a cross or other measuring point in the top center.  Monuments shall be set 28” in the ground after all project grading has been completed.  If ledge is encountered, a brass plug ½” x 3” shall be set in the ledge and secured with a Portland Cement mortar.  PIPE MARKERS ARE NOT ACCEPTABLE.

(2)       Monuments shall be set on street right-of-way lines at beginnings and ends of all curves and roundings and all changes in alignment.  Additional monuments shall be installed in sufficient number so that at no point will the distance between monuments, on the same side of the road, exceed 500 feet.

(3)       All lot corners shall be marked by monuments as described in (1) above.  This is to be done after the final approval of the Record Subdivision Map by the Commission.  Until the accurate placement and location of such lot monuments are certified by the developer’s land surveyor and are visible on the site, no Zoning Permit, Building Permit or Certificate of Occupancy shall be issued.  A lot corner that may occur in wetlands or where monument installation is not feasible shall be triangulated by such means as shall be determined by the land surveyor;

(b)       As-Built Plans: The applicant’s land surveyor or engineer, licensed to practice in the State of Connecticut, shall submit updated Mylar construction plans to show all improvements “as-built”.  Said “As-Built” plans shall bear the live signature and raised seal of such surveyor or engineer, certifying that all of the required improvements have been completed in the location and at the elevation shown thereon.  Two (2) sets of prints and two (2) digital copies in a format compatible with the Town’s GIS programs, to be provided to the Zoning Enforcement Officer.

(c)               Maintenance Agreement and Security: The applicant shall execute an agreement and file a cash bond in an amount determined by the Town Engineer to cover unforeseen deficiencies in the required road, drainage and other subdivision improvements.  The maintenance bond shall terminate no earlier than one year after the acceptance of the road by the Board of Selectmen.

(d)               Request for Inspection: The applicant shall submit to the Planning and Zoning Commission a formal request for inspection of completed subdivision improvements and acceptance of any streets, drainage facilities, open space and other required improvements shown on detailed layout maps.  Such request shall be accompanied by items (a), (b), and (c) above.

The Commission shall refer the request to the Town Engineer or Zoning Enforcement Officer for a report on the completeness of the required work.  Upon receipt of such report, the Commission shall make its recommendation on the acceptance of subdivision improvements and forward such recommendation to the First Selectman, along with the report of the Town Engineer or the Zoning Enforcement Officer.

(e)               Partial Release of Bonds: The Commission shall not authorize partial release of the security, except that the security for one phase of a subdivision may be transferred to a subsequent phase with the approval of the Commission.

3.20    Acceptance by the Town: The approval by the Commission of a subdivision application shall not constitute evidence of any acceptance by the Town of any street, recreation area, right-of-way or easement shown on such plan.  Acceptance of formal offers of streets, open space, rights-of-way, and easements shall rest with the Town.  The developer shall be required to maintain all improvements and provide snow removal on streets and sidewalks until acceptance of said improvements at a Town Meeting.

3.20.1  Procedure for Acceptance of Improvements: Upon completion of all improvements, the applicant shall submit a written request to the Commission for acceptance of the improvements and release of the performance bond.  Such request shall be accompanied by executed deeds, as-built plans, maintenance bond and any other documents necessary to support the request.  The Commission shall refer the request to the appropriate Town agencies for their review.  Upon receipt of favorable reports from these agencies, the Commission shall recommend to the Board of Selectmen that the improvements be accepted and the performance bond release.  After compliance with all requirements of the acceptance procedures, the Board of Selectmen shall present the improvements for acceptance to a Town Meeting in accordance with the Town’s Charter. 

3.21    Revisions to Lot Configuration: Any subsequent change in the geometric configuration of a lot or lots, including the relocation of lot boundary lines between adjacent lots, which differs from the approved subdivision map which has been filed and recorded with the Town Clerk, shall be submitted to the Commission for their review as to compliance with current zoning and subdivision regulations, and must be approved by the Commission.  A map showing the revision as approved by the Commission must be signed by the Commission Chairperson or Secretary and filed by the applicant with the Clinton Town Clerk. 

SECTION 4

CONTENTS OF FORMAL APPLICATION SUBMISSION

4.1       Formal Application Requirements: Whenever any subdivision of land, as defined in these Regulations, is proposed to be made, and before the Commission shall consider any proposed subdivision, and before lots are sold or any zoning permit for the erection of a structure in such subdivision shall be granted, the requirements of Section 4 shall be met and information submitted by the applicant in accordance with the Section.  Incomplete applications shall be officially received by the Commission, but failure to submit a complete application as required in this Section and in these Regulations may be cause for disapproval of an application.

4.2       Application Form: An application for subdivision approval shall be made to the Planning and Zoning Commission on forms provided by the Commission.  The application form shall be submitted in 18 sets and shall be signed by the applicant and/or his lawful agent.  If the applicant is not the owner of the land to be subdivided, the forms also shall be signed by the owner(s) and/or the owner’s(s’)  lawful agent(s).

4.3       Application Fee: An application fee computed in conformance with the Schedule of Fees posted in the Planning and Zoning Office shall accompany the application.  Checks shall be made payable to the Treasurer of the Town of Clinton.

4.4       Professional Assistance: All maps and reports required under these Regulations shall be prepared and certified by qualified professionals, as follows:

4.4.1       Land Surveyor: The applicant shall employ the services of a land surveyor, licensed to practice in the State of Connecticut, for the preparation of maps and reports relating to the following work items required in the preparation of a subdivision application: land surveys including the delineation of the boundary lines of the outside perimeter and the interior lots of a subdivision; topographic surveys including contour delineation and all natural features and constructed facilities on the land.

All submissions of the above items shall bear the name, seal and original signature of a land surveyor, currently licensed to practice in the State of Connecticut.  A Professional Engineer’s seal or Architect’s seal alone is not acceptable.

4.4.2   Professional Engineer: The applicant shall employ the services of a professional engineer, currently licensed to practice in the State of Connecticut, for the design of and preparation of maps and reports relating to the following work items required in the submittal of a subdivision application: roads; drainage systems, including the design and location of structures and pipes; sewage disposal systems; water supply and distribution system; and grading of lots and overall grading plans.

            All submissions of the above items shall bear the name, seal and original signature of a professional engineer, currently licensed to practice in the State of Connecticut.  A Land Surveyor’s seal or Architect’s seal alone is not acceptable.

4.5       Maps: The maps and plans required by these Regulations shall be subject to the approval of the Commission and shall show information and shall be prepared in accordance with the standards specified herein:

1.         All maps required under Section 4.5 shall be submitted on sheets with an overall dimension of 24” by 36”.  Eighteen (18) sets of blue line or black line prints of all maps shall be provided as part of the submission of a completed application.  The Commission may require additional copies of plans if referrals to outside parties are indicated.  Documents other than final reports and maps shall be marked “Draft”.  Revision dates shall be shown if plans are updated or revised during the review and approval process.  Revision dates shall be shown on all sheets and the index sheet.

2.         All prints of maps and plans shall be clear and legible and shall be bound along the left side, with all required identifying data and revision dates in the lower right corner on each sheet.  All maps shall be prepared by and shall bear the name, seal and original signature of a land surveyor or professional engineer, or both as required under Section 4.4.  Final maps presented for endorsement and filing shall include a raised seal and original signature of the land surveyor and professional engineer or both, as required, and shall be a fixed line photographic Mylar printed on good quality polyester film meeting State requirements for filing with the Town Clerk.

3.         If more than one map sheet is required, each sheet shall be sequentially numbered in the form “Sheet _____ of _____”.  An index of all supporting detail map sheets shall be included on the first sheet.  Any information required in Section 4.5 may be combined on plan sheets, provided that the information is presented in a clear and understandable manner.  See Number 1 above.

4.                  All maps sheets shall include the following information:

(a)       Name of the proposed subdivision or identifying title, which shall not duplicate any previous subdivision in the Town of Clinton, the name and address of the owner of land to be subdivided, and the name and address of the sub-divider, date prepared, numerical and graphic scale;

(b)       Key to the terms and symbols used on the map sheets;

(c)        Approximate true north point.  North arrows, to the extent practical, shall be consistent from one map to another;

(d)       Signature Blocks for Planning and Zoning Chairman or Secretary and the Director of Health;

(e)               Date of approval;

(f)                 Expiration date.

4.5.1   Title Sheet: A Title Sheet shall be a single 24” x 36” sheet that includes the following:

(a)       Location Map: A Location Map showing the relationship of the proposed subdivision to the surrounding neighborhood will be provided, and shall show all public streets with such detail as will relate the proposed subdivision to the surrounding neighborhood.  The location map shall show all public ways, lands reserved for special use, such as open space, and major subdivisions located within one mile of the boundaries of the tract to be subdivided.  Such map shall also show any adjacent or contiguous parcels in which the owner has an interest.  Land intended for open space should be clearly marked.  All proposed property lines within the tract to be subdivided shall be shown on the Key Map in sufficient detail to allow for transfer of information to the Commission’s base map.  The scale of the Key Map shall be 1” = 800’.

(b)       Title: Name of the proposed subdivision or identifying title, which shall not duplicate any previous subdivision in the Town of Clinton, the name and address of the owner of land to be subdivided, and the name and address of the subdivider and date prepared.

(c)        Signature blocks for approval to include space for the signature and date of the Chairman or Secretary of the Planning and Zoning Commission, the Director of Health, the date of approval and the five-year expiration date.

(d)       A space is to be provided for the listing and date of all revisions to the plan prior to approval.

(e)       A list of all other agency approvals including Inland Wetlands and Conservation Commission, Zoning Board of Appeals, Board of Selectmen, Connecticut Department of Transportation (CTDOT), etc., with identification or application numbers and date of approvals.

(f)        A space is to be provided for the conditions of approval for Planning and Zoning and the conditions of approval for Inland Wetlands.

(g)               Legend: List of all symbols used within the set of plans.

(h)              Index: A listing of all the sheet numbers and titles for the entire set of plans.

4.5.2       Boundary Survey Map: A Boundary Survey Map of the entire tract to be subdivided shall be provided, prepared by a land surveyor in accordance with The Regulations of Connecticut State Agencies, Sections 20-300b-1 to 20-300b-20 inclusive.  The Boundary Survey Map shall show names of all abutting land owners and public streets, the layout of all lots and streets within the tract to be subdivided, and all lands to be dedicated as open space, parks or playgrounds.  The scale of the Boundary Survey Map shall be at least 1”=40’, but not less than 1”=100’, whatever scale is necessary to fit such map on a single 24” x 36” sheet.

4.5.3       Data Table Sheet: A sheet(s) 24” x 36” that includes all necessary tables such as zoning requirements, soil testing information, lot areas – existing and proposed, areas of each proposed lot, areas of easements per lot, area of open space, area of wetlands per lot, area of uplands per lot, percentage of uplands versus wetlands per lot and percentage of uplands versus wetlands of the entire parcel, etc.

4.5.4       Record Subdivision Map: The Record Subdivision Maps shall be at a scale of one inch equals 40 feet (1”=40’) unless otherwise approved by the Commission.  Where it is not possible to fit the entire subdivision plan on one sheet at a scale of 1”=40’, more than one sheet may be used, provided that match lines are indicated.  If more than one sheet is used, an index map shall be provided showing the entire subdivision with lots, lot numbers, streets, street names, delineation of areas covered by the section or sheet and match lines between sections.

All Record Subdivision Maps shall show the following information to the extent that the information occurs in, or is applicable to the particular subdivision:

(a)       Existing Site Conditions and Land Evaluation: Information on existing site conditions and land evaluation within the property to be subdivided, and within 100 feet thereof as follows:

(1)       RESERVED FOR FUTURE USE

(2)       Existing man-made features, including buildings and structures; any proposed removal, demolition, relocation or retention of existing man-made features.  Detailed layout maps shall also show existing trails, stone walls, fences and dams, and any other man-made features;

(3)       Location of all known cultural resources, as defined in Section 2.13, including significant archaeological, historic, and natural features, and location of possible concerns, as identified in Town Plan of Conservation and Development of 2000, as amended;

(4)               Location of all exposed ledge outcroppings;

(5)               Existing watercourses; exterior limits of inland wetlands, if applicable, which shall be identified and located in the field by a certified soil scientist, and a review area of 100 feet from the exterior edge of inland wetlands; location of tidal wetlands and other coastal resources and a review area of 100 feet from the inland edge of tidal wetlands, beaches, bluffs and escarpments, and intertidal flats;

(6)               Any areas subject to frequent, periodic or potential flooding; the boundaries of any Special Flood Hazard Areas and floodways and the base flood elevation data therefore; the lowest floor elevations that would be applicable for building on any lot in any Special Flood Hazard Area;

(7)               Boundaries and classification codes of soil types under the National Cooperative Soils Survey of the Natural Resources Conservation Service (formerly the Soil Conservation Service);

(8)               Location, dates and results from all percolation test holes, deep test pits, borings and any other soil tests submitted with the application and consistent with Section 4.6.2.  Dates and results may be submitted as a separate report or outlined on a detail sheet;

(9)               Location and species of specimen trees; existing mix of forest tree species, their approximate height, age and density.  Any trees greater than 18” in diameter, measured 3’ from grade;

(10)          Location of any existing wells and septic systems on the property and on land within 100 feet of the property;

(11)          Location of any drainage discharge points onto the property from any street or other property;

(12)          The Commission may request confirmation of any or all of the above by on-site test and surveys, in accordance with Section 4.6.

(b)       Property Ownership Information: Property ownership information as follows, with all lines drawn with dimensions to the nearest hundredths of a foot, bearings or deflection angles on all straight lines and the central angle, tangent distance, radius and length of all arcs:

(1)       Name and address of owner of property and of applicant, if different from the owner, in the title block;

(2)       Perimeter boundary survey of the entire property, with dimensions, and the area of the property to be subdivided; the boundary line shall be a heavy weight line easily distinguishable from other property lines;

(3)       Location of existing property lines for a distance of 100 feet from the property, except where the property borders a road, where the location of property lines across the road shall be shown;

(4)       Name of street, both street right-of-way lines, and pavement location of any street abutting or within 50 feet of the property, and any sidewalks within 100 feet;

(5)       The survey relationship of the property to the State of Connecticut grid coordinate system;

(6)       Names of all subdivisions or owners of property abutting the property to be subdivided, including those across any street if the proposed subdivision abuts an existing street;

(7)       Locations of all existing property markers and permanent monuments;

(8)       The Zoning District(s) in which the property is located, and any Zoning District within 100 feet of the property;

(9)       Any municipal boundary line on or adjacent to the subdivision;

(10)     Existing open space for parks and playgrounds and other open space purposes, and the square footage and acreage in total, and for both uplands and wetlands, thereof;

(11)     Location and dimension of existing easements; notation of all existing restrictions on the use of the land, including easements and covenants;

(12)     Any reserved areas for watercourses and wetlands protection or for conservation areas; and

(13)          Any encroachment lines along rivers and watercourses.

(c)        Proposals for Subdivision Development: Proposals for development of the subdivision as follows:

(1)       Proposed lots and lot numbers including those to be reserved or dedicated as public parks, playgrounds, recreation areas and open space;

(2)       Boundary or limits of the “Minimum Area of Building Land”, as required in the Clinton Zoning Regulations;

(3)       Proposed man-made features, including but not limited to buildings, structures, fences, retaining walls, driveways and the like;

(4)       Where applicable, the Coastal Boundary as defined in Section 22a-93 C.G.S.;

(5)       The location and width of all drainage easements and rights-to-drain granted or to be granted for natural drainage and culvert drainage;

(6)       Proposed property markers and monuments in accordance with Section 5.16 of these Regulations;

(7)       Proposed streets, bike lanes or sidewalks and other rights-of-way, and the width thereof; location and width of street pavement within 200 feet of the subdivision including key elevations showing tentative grading of proposed roads within the subdivision;

4.5.5       Site Plan: Site Plan Maps shall be at a scale of one inch equals 40 feet (1”=40’) unless otherwise approved by the Commission.  Where it is not possible to fit the entire subdivision plan on one sheet at a scale of 1”=40’, more than one sheet may be used, provided that match lines are indicated.

All Site Plan Maps shall show the following information to the extent that the information occurs in, or is applicable to the particular subdivision:

(a)       Existing Site Conditions and Land Evaluation: Information on existing site conditions and land evaluation within the property to be subdivided and within 100 feet thereof as follows and shall be shown as light or screened lines as opposed to bold distinct lines, which are used for the proposed:

(1)       Existing contours at intervals of two feet (2’) or less, based on U.S.G.S. contours or based on field or aerial survey, using the benchmark as required for Construction Plans in Section 4.5.6(d).  Enlargement of U.S. Geological Survey maps and interpretations there from are not acceptable.  In areas where there is significant change in elevation over an extended area, spot elevations shall be shown.

(2)       Existing man-made features, including buildings and structures; any proposed removal, demolition, relocation or retention of existing man-made features.  Site Plan Maps shall also show existing trails, stone walls, fences and dams, and any other man-made features;

(3)       Location of all known cultural resources, as defined in Section 2.13, including significant archaeological, historic, and natural features, and location of possible concerns, as identified in the Town Plan of Conservation and Development of 2000, as amended;

(4)               Location of all exposed ledge outcroppings;

(5)               Existing watercourses; exterior limits of inland wetlands, if applicable, which shall be identified and located in the field by a certified soil scientist, and a review area of 100 feet from the exterior edge of inland wetlands; location of tidal wetlands and other coastal resources and a review area of 100 feet from the inland edge of tidal wetlands, beaches, bluffs and escarpments, and intertidal flats;

(6)               Any areas subject to frequent, periodic or potential flooding; the boundaries of any Special Flood Hazard Areas and floodways and the base flood elevation data therefore; the lowest floor elevations that would be applicable for building on any lot in any Special Flood Hazard Area;

(7)               Boundaries and classification codes of soil types under the National Cooperative Soils Survey of the Natural Resources Conservation Service (formerly the Soil Conservation Service);

(8)               Location of all percolation test holes, deep test pits, borings and any other soil tests submitted with the application and consistent with Section 4.6.2.

(9)               Location and species of specimen trees and any trees greater than 18” in diameter, measured 3’ from grade;

(10)          Location of any existing wells and septic systems on the property and on land within 100 feet of the property;

(11)          Location of any drainage discharge points onto the property from any street or other property;

(12)          The Commission may request confirmation of any or all of the above by on-site test and surveys, in accordance with Section 4.6.

(13)          Perimeter boundary survey of the entire property, with dimensions, and the area of the property to be subdivided; the boundary line shall be a heavy weight line easily distinguishable from other property lines.

(14)          Location of existing property lines for a distance of 100 feet from the property, except where the property borders a road, where the location of property lines across the road shall be shown;

(15)          Name of street, both street right-of-ways lines, and pavement location of any street abutting or within 50 feet of the property, and any sidewalks within 100 feet.

(16)          Locations of all existing property markers and permanent monuments.

(17)          The Zoning District(s) in which the property is located, and any Zoning District within 100 feet of the property.

(18)          Any municipal boundary line on or adjacent to the subdivision.

(19)          Existing open space for parks and playgrounds and other open space purposes, and the square footage and acreage in total, and for both uplands and wetlands, thereof.

(20)          Location of existing easements; notation of all existing restrictions on the use of the land, including easements and covenants;

(21)          Any reserved areas for watercourses and wetlands protection or for conservation areas; and

(22)          Any encroachment lines along rivers and watercourses.

(b)       Proposals for Subdivision Development: Proposals for development of the subdivision as follows, shown as bold or distinct lines:

(1)               Proposed lots and numbers;

(2)               Proposed contours at intervals not exceeding five feet (5’) or less, based on U.S.G.S. contours or based on field or aerial survey, using the benchmark as required for Construction Plans in Section 4.5.6(d).  Enlargement of U.S. Geological Survey maps and interpretations there from are not acceptable.  Spot elevations in areas where necessary to properly evaluate the proposed development.  Where proposed roads end at a boundary line of a subdivision  and do not meet an existing road, contours shall be carried out for 200 feet into the adjoining property.  Where the proposed subdivision fronts on an existing Town road, contours should be extended to the pavement edge of the side nearest the proposed development;

(3)               Boundary or limits of the “Minimum Area of Buildable Land”, as required in the Clinton Zoning Regulations;

(4)               Proposed man-made features, including but not limited to buildings, structures, fences, retaining walls, driveways and the like;

(5)               The location proposed for a building on each lot and a driveway, including floor elevations and driveway grades where necessary to demonstrate feasibility of use of the lot;

(6)               The location of any proposed on-site wells and subsurface sewage disposal systems, both primary and reserved;

(7)               Any building or other setback lines and buffers established by Clinton Zoning Regulations, Town ordinance or other applicable law;

(8)               The appropriate limits of clearing and grading and a description of the cutting or removal activities to be undertaken;

(9)               The location and width of all drainage easements and rights-to-drain granted or to be granted for natural drainage and culvert drainage;

(10)          Proposed streets, bike lanes or sidewalks and other rights-of-way, and the width thereof; location and width of street pavement within 200 feet of the subdivision including key elevations showing tentative grading of proposed roads within the subdivision.

(11)          Existing and proposed storm drains, catch basins, manholes, ditches, headwalls, sidewalks, gutters, curbs and other drainage structures.

(12)          The proposed location of any activity that is subject to the Inland Wetlands and Watercourses Regulations of the Town of Clinton, including any relocation or construction for channels or watercourses.

(13)          Water mains, hydrants and appurtenances; electrical and telephone and any utility (cable TV, etc.) lines, and the location, size and access to any existing or proposed fire ponds or wells.

(c)        Additional Information: The following additional information:

(1)       For all Site Plan Maps submitted pursuant to Section 4.5.4 and 4.5.5 of these Regulations, signature blocks, as follows:

(i)                 Signature block entitled “Reviewed and Approved by the Clinton Planning and Zoning Commission”, with a designated place for the signature of the Chairperson or Secretary and the date the Commission voted to approve; the words “Expiration date per Section 8-26c, Connecticut General Statutes”, with a designated place for such date;

(ii)               Signature block entitled “Reviewed and Approved by the Clinton Director of Health”, with a designated place for signing and for the date of such action;

(iii)             Signature block entitled “Reviewed and Approved by the Clinton Fire Marshal”, with a designated place for signing and for the date of such action;

(iv)             Signature block entitled “Reviewed and Approved by the Clinton Board of Selectmen”, with a designated place for the signing and the date of such action;

4.         Such additional notes as may be required or approved by the Commission, including but not limited to restrictions pertaining to building lines, reserved areas, easements, solar access, fire protection, on-site sewage disposal and water supply as well as any other feature on the map as the Commission deems appropriate.

4.5.6       Construction Plans: Construction plans shall conform to the standards set forth in these Regulations for proposed streets, storm drains, water supply and sanitary sewers, catch basins, manholes, ditches, watercourses, headwalls, sidewalks, gutters, curbs and other improvements included in the Town’s Design and Construction Standards, as may be amended.  Construction Plan requirements as listed below may not be combined on any other map except for Soil Erosion Site Plan (Section 4.5.7).

(a)       Preparation: Construction plans, including details and specifications, shall be prepared by and shall bear the name and seal of a professional engineer, provided however, that particular elements of the plan, as authorized under Section 4.4, may be prepared by a land surveyor or other qualified professional.  The original reproduceables shall be retained by the Applicant for purposes of preparing “As-Built” drawings upon completion for improvements.

(b)       Scale: Construction plan drawings shall have a horizontal scale of 1” = 40’; profile drawings shall have a vertical scale of 1” = 4’.  Drawings of special structures and details may be prepared in other format acceptable to the Commission or its designated agent.  Profile drawings, inverts, existing and proposed contours and key elevations shall be based on official Town, State or U.S. bench marks.  The bench marks used shall be consistent among the plan sheets and shown on the plans.

(c)        General Format: All plans showing construction of subdivision improvements shall include the following elements:

            (1)       an overall view,

                        (i)         Roadway and driveway layouts

                        (ii)        Street trees

                        (iii)       Clearing and grading

                        (iv)       Sidewalks

(v)               Signs

(vi)             Pavement markings

            (2)       profiles and cross sections,

(3)       Sedimentation and Erosion Control Plan, according to Section 4.5.7,

(4)       Grading Plan, according to Section 4.5.8, and

(5)       Storm Water Management Plan.

(d)       Specific Information: The following information shall be shown on the Construction Plans as applicable to a particular subdivision:

(1)       Existing and proposed contour intervals shown on construction plans shall not exceed two (2) feet, and shall be the result of a topographic survey performed to the standards established under The Regulations of Connecticut State Agencies, Sections 20-300b-1 to 20-300b-20 inclusive.

(2)       For streets:

(i)                 Street names; bike lanes; right-of-way lines, the edge and width of pavement; center line radius, stations at 50’ intervals, low points, high points, points of curvature, points of tangency and at intersections;

(ii)               Existing profile grades at the center line and both right-of-ways lines;

(iii)             Proposed profile grades along road centerline elevations, and at the low points, high points, points of vertical curvature (pvc), points of vertical intersection (pvi) and points of vertical tangent (pvt);

(iv)             Pavement radii at corners;

(v)               Length of vertical curves;

(vi)             Typical street cross section, cross section at all cross culverts, cross sections where there are to be substantial cuts and fills that may potentially impact abutting property;

(vii)           The location of lot lines intersecting the right-of-way line and the lot numbers of the lots;

(viii)         Location of sidewalks, curbs and gutters, storm drains, guide rails or posts, street lights, road monuments, traffic control devices, and signage.

(3)       For drainage, sanitary sewers and pipe systems:

(i)                 Location, depth, invert, slope, frame and grade elevations, size and type of all pipes, culverts, manholes, headwalls, and catch basins, including offsets from street centerline;

(ii)               Cross section, depth, slope and location of all natural and man-made watercourses, ditches and swales;

(iii)             Water mains, valves and hydrants; sanitary sewers and appurtenances; house service connections and curb stops; electrical, telephone and cable TV lines; existing and proposed drainage systems.

(4)       Detail drawings in both plan and section view of bridges, box culverts, deep manholes, retaining walls, drainage structures and other special structures.

(5)       Provision for control of erosion and sedimentation both during and upon completion of construction, in accordance with Section 4.5.7.

(6)       At intersections and other locations where there may be sight distance restrictions, a sight line demonstration may be necessary or required.

(7)       Drainage analysis map and computations to enable the Commission or its agent to review the drainage design and the sufficiency of downstream drainage systems to accommodate runoff from the subdivision; design for any temporary or permanent storm water detention or retention area; such information to be provided as required in Section 4.6.4.

(8)       In addition to the above plan-profile drawings, such other necessary construction drawings as may be required.

(9)       A signature block entitled “Reviewed and Approved by the Clinton Planning and Zoning Commission” with a designated place for the signature of the Chairman or Secretary and the date of signing.

(10)     A signature block entitled “Reviewed and Approved by the Town Engineer of the Town of Clinton” with a designated place for his/her signature and the date of signing.

4.5.7       Soil Erosion and Sediment Control Plan: A Soil Erosion and Sediment Control Plan shall be submitted according to the following standards:

(a)       Required Submission of a Soil Erosion and Sediment Control Plan: A Soil Erosion and Sediment Control Plan, hereinafter  referred to as an “Erosion Plan”, shall be submitted with the subdivision application in the following cases:

(1)       Whenever a proposed activity on the property to be subdivided shall cause disturbance of an area cumulatively in excess of 10,000 square feet;

(2)       Whenever any lot or parcel within a proposed subdivision contains inland wetlands or watercourses as defined in Section 22a-38 of the Connecticut General Statutes.

(3)       Whenever any lot or parcel within a proposed subdivision is located within 50 feet of coastal resources, including but not limited to rocky shorefront, coastal bluffs and escarpments, beaches, dunes and tidal wetlands, as defined in Section 22a-93 of the Connecticut General Statutes (Connecticut Coastal Management  Act).

(b)       Exemptions: The following activities shall be exempt from submission of an erosion plan:

            (1)       A single family dwelling that is not part of a subdivision.

(2)       Cultivation of the soil for the production and harvesting of crops.

(c)        Certification: To be eligible for certification, an “Erosion Plan” shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm runoff on the proposed site based on the best available technology.  Such principles, methods and practices necessary for certification are found in the “Connecticut Guidelines for Soil Erosion and Sediment Control” (2002), as amended.  Alternative principles, methods and practices may be used with prior approval from the Commission.

(d)       Erosion Plan: Said “Erosion Plan” shall show the name and address of the proposed subdivision, the name and address of the owner/agent and the name and address of the developer, if different from the owner, and shall contain but not be limited to:

(1)       Narrative: Eighteen (18) copies of a narrative describing the following:

(i)                 Proposed alteration of the areas to be disturbed.

(ii)               A schedule for grading and construction activities, including:

a.      Start and completion dates;

b.      Sequence of grading;

c.      Sequence for installation and/or application of soil erosion and sediment control measures;

d.      Sequence for final stabilization of the project site.

(iii)             The design criteria for proposed soil erosion and sediment control measures and storm water management facilities.

(iv)             The construction details for proposed soil erosion and sediment control measures and storm water management facilities.

(v)               The installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities.

(vi)             The operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.

(vii)           Contingency or Revised “Erosion Plan” when inspection of the site indicates unforeseen erosion or sedimentation problems.

(viii)         The name and address of the engineer or contractor responsible for the monitoring of operational and maintenance procedures for erosion and sediment control.

Provided it is practical to do so, the Narrative may be printed on the Erosion Site Plan.

(2)       Erosion Site Plan: Eighteen (18) copies of a site plan drawn to scale preferable of 1 inch = 40 feet, or other scale as may be approved by the Commission, but in no case at a scale less than 1 inch = 100 feet.  The site plan shall show the name of the subdivision, name and address of the owner, name and address of the developer if different from the owner, date and scale and including, without being limited to, the following:

(i)                 Location of the proposed development and names of adjacent property owners, including those across any streets;

(ii)               Existing structures on the property site, if any;

(iii)             Contours at two (2) foot intervals;

(iv)             Existing and proposed topography including identification of soil types, wetlands, watercourses and water bodies;

(v)               Proposed area alterations including cleared, excavated, filled or graded areas and proposed structures, utilities and roads;

(vi)             Location and design details for all proposed soil erosion and sediment control measures and storm water management facilities;

(vii)           Sequence of grading and construction activities;

(viii)         Sequence for installation and/or application of soil erosion and sediment control measures;

(ix)             Sequence for final stabilization of the development site.

(3)       Additional information: Any other information deemed necessary and appropriate by the applicant or requested by the Commission.

                        (e)       Minimum Acceptable Standards

(1)       “Erosion Plans” shall be developed in accordance with these Regulations using the principles as outlined in Chapters 3 and 4 of the “Connecticut Guidelines for Soil Erosion and Sediment Control” (2002), as amended.  Such “Erosion Plan” shall result in development that:

(i)                 Minimizes erosion and sedimentation during construction;

(ii)               Is stabilized and protected from erosion when completed; and

(iii)             Does not cause off-site erosion and/or sedimentation.

(2)       The minimum standards for individual measures are those in the “Connecticut Guidelines for Soil Erosion and Sediment Control” (2002), as amended.  The Commission may grant exceptions to these standards when requested, in writing, by the applicant if technically sound reasons are presented and may seek the advice and guidance of the Middlesex County Soil and Water Conservation District prior to granting any such exception(s), and if such requested is received by the Commission in a timely manner to enable review by Town’s Engineer.

(3)       The appropriate method from Chapter 9 of the “Connecticut Guidelines for Soil Erosion and Sediment Control” (2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.  The Commission may seek advice from the Middlesex County Soil and Water Conservation District as to the adequacy of any proposed alternative method.

(4)       Protection of Sensitive Areas: The applicant shall provide for the protection of desirable landscape features by constructing barricades around selected trees and any sensitive areas if they are within or near to the construction area.  Such protective measures shall be completed before any grading or ditching operation commences.  Any proposed excavation, filling or re-grading of swamps, marshes and wetlands (tidal and inland) including a 100 foot buffer area surrounding such marshes and wetlands, flood plains or any other natural features or resources deemed sensitive by the Commission shall be shown on the “Erosion Plan” submitted pursuant to this Section.

(5)       Restoration of Disturbed Areas: Drainage provisions, lawn grass seeding or sodding and any other measures necessary for the stabilization of disturbed areas shall be completed in accordance with the “Connecticut Guidelines for Soil Erosion and Sediment Control” (2002), as amended, and shall be completed prior to the release of the Performance Bond or any portion thereof, guaranteeing proper completion of all work (as defined in Section 2.56) in accordance with these Regulations.  In the event the season prohibits immediate re-spreading of soil and seeding of lawn the applicant shall submit an agreement in writing signed by the property owner and developer of the property to the Commission with a copy to the Building Inspector and the Zoning Enforcement Officer, that re-spreading of soil and seeding of lawn will be done during the immediately following planting season.  The applicant shall leave a cash escrow for performance in an amount determined by the Town Engineer.  Sod may be used to comply with an requirement of seeding set forth herein.

(f)        Issuance or Denial of Certification

(1)       The Commission shall:

(i)         Certify that the “Erosion Plan”, as filed, complies with all the requirements            and objectives of these Regulations; or

(ii)               Deny certification of an “Erosion Plan” that does not meet all the requirements and objectives of these Regulations; and

(iii)             Keep a record of its decisions, including the reasons for arriving at its conclusions.

(2)       Nothing in these Regulations shall be construed as extending the time limits for approval of any application under Chapter 126 of the Connecticut General Statutes.

(3)       Prior to certification, any “Erosion Plan” submitted to the Commission may be forwarded for review to the Middlesex County Soil and Water Conservation District which may make recommendations concerning such plan, provided such review shall be completed within 30 days of the receipt of such “Erosion Plan”.

                        (g)       Conditions Relating to Soil Erosion and Sediment Control

(1)       Performance Bond: A Performance Bond, or other assurance acceptable to the Commission, in an amount determined by the Town Engineer or other designated agent may be required guaranteeing the control of soil erosion and sedimentation as certified in the “Erosion Plan”.  Such Bond may be a separate bond or may be added to the subdivision bond, if any, and shall meet the requirements of Section 3.11 of these Regulations.  A copy of the Commission’s certification of the “Erosion Plan” shall be attached to the Bond Agreement.

(2)       Site development shall not begin unless the “Erosion Plan” is certified and those control measures and facilities scheduled for installation prior to development are installed and functional.

(3)       Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified “Erosion Plan”.

(4)       All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified “Erosion Plan”.

(h)       Inspections: Inspections shall be made by the Commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained.  The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.

(i)         Amendments to “Erosion Plan”: In the event a contingency plan has not been submitted or does not provide for unforeseen substantive changes in the “Erosion Plan”, written request may be made to the Commission for an amendment to the certified “Erosion Plan”.  The request shall contain, but not be limited to:

            (1)       A description of the changes requested;

            (2)       Any technical changes necessitated thereby;

(3)       Contingency control measures or facilities to be installed and maintained;

(4)       Changes in scheduling; and

(5)       Any other information which the applicant or the Commission may deem necessary to a proper consideration of the request for amendment, together, if necessary, with additional maps or drawings.

4.5.8       Grading Plan: In the event that an application for subdivision does not require an “Erosion Plan” pursuant to Section 4.5.7 of these Regulations or if grading is not shown on Construction Plans submitted pursuant to Section 4.5.6, a Grading Plan shall be prepared which shall show proposed new grading of the roadway and any drainage courses, proposed grading of all lots within the subdivision for which substantial topographic alteration is required in order to accommodate the proposed construction, and any other major grading, cuts, fills or soil or rock removal proposed in the subdivision.

(a)       The area shown on the grading plan may be limited to the portion of the subdivision affected by the proposed grading, cuts, fills or soil or rock removal;

(b)       The grading plan shall be shown at the same scale as submitted detailed subdivision map(s), and shall be prepared to similar standards of accuracy;

(c)        Existing and proposed contours at intervals of two (2) feet are required.  If requested by the Commission, cross-sectional drawings of the area to be re-graded shall be provided; and

(d)       The plan shall indicate the total volume and nature of material to be removed or deposited for road construction and any other site modification and shall include a management plan for the movement of materials either on or off site.

4.5.8   Potential Future Development of Undeveloped Portion of a Tract: If the proposed subdivision covers only a part of the record owner’s or applicant’s contiguous land holding, the applicant is to submit a schematic map showing the possible location of future streets, lot layout, and open spaces on other land of the owner or applicant.  The Commission will review the schematic.

4.5.9   Phased Development: If it is the intent of the Applicant to develop a tract in two or more sections, a map of the entire property shall be provided as part of the application.  This map shall show the approximate location of future sections, including proposed street locations, approximate lot layouts and the location of areas to be dedicated as open space.  This map is for informational purposes only, in order to determine that future development options are not compromised, and shall not be binding on either the applicant or the Commission.

4.5.10  Other Information: Any other information deemed necessary by the Commission to protect the health, safety and public welfare.

4.6       Reports: Reports required under this Section may be included as plan notes where appropriate, provided that all information is shown in a clear and legible form.  The applicant shall submit six (6) copies of all reports not included as plan notes.

4.6.1       Water and Sewer: The applicant shall submit a written report, prepared and sealed by a professional engineer currently licensed to practice in the State of Connecticut, or other qualified professional, consistent with Section 4.4, describing the proposed water supply and method of sewage disposal for the subdivision.  In the event that a public water supply will be provided to the subdivision, the Applicant shall obtain a letter from the Connecticut Water Company (CWC) stating that an agreement has been signed for the water main extension and service for the proposed subdivision, that the water supply plan for the subdivision is acceptable to the CWC, that the CWC assures the adequacy and availability of the water supply, and that the CWC agrees to furnish water to the proposed subdivision in accordance with the plan.  Prior to submission of the report to the Commission, the applicant shall secure endorsement of the report by the Sanitarian of the Town of Clinton or a designated agent, and from the Water Pollution Control Commission or its agent.

4.6.2       Soil Characteristics: The Applicant shall submit a written report prepared by a professional engineer on all test holes and soil characteristics based on seepage tests conducted by such professional engineer or a laboratory approved by the Connecticut State Department of Health, together with recommendations for septic system installation where special engineering is indicated.  Such report, where feasible, may be placed upon submitted maps.  Further tests for an adequate sewage disposal system on any lot may be required by the Commission or the Clinton Director of Health or his designated agent if soil conditions require such additional information.  All such plans and reports shall first be submitted to the Director of Health or his designated agent for recommendation and/or approval.

4.6.3       Traffic Report: For all residential subdivisions containing 20 lots or more, and for all non-residential subdivisions, the Commission shall require the applicant to submit a traffic report describing the pedestrian and vehicular access to and within the proposed subdivision.  In the case of re-subdivision or phased development, previously approved lots shall be considered as part of the total when determining the need for a traffic report.  Traffic studies may be required for subdivisions containing less than 20 lots, if the Commission determines that hazardous or unsafe conditions may be created or exacerbated by the proposed development.  The report shall include traffic characteristics and level of service on existing streets affected by the subdivision, and any proposed measures to increase traffic safety and mitigate identified hazardous or unsafe conditions resulting from the subdivision.  In preparing this report, the applicant shall be guided by the requirements of Section 5 of these Regulations and the Town’s Design and Construction Standards.

4.6.4       Storm Water Management Plan: A storm water management plan is required for all subdivisions containing five (5) acres or more and involving the creation of new streets, or the modification of existing streets.  The applicant shall provide a mapped and written description of all drainage measures, prepared by a professional engineer according to the requirements of Section 4.4.  The mapped description shall be shown in accordance with requirements for Construction Plans in Section 4.5.6.  The plan shall consist of a description of proposed best management practices, detailed plans and a written narrative that when implemented provides for efficient drainage within the subdivision, mitigates potential adverse impacts from storm water discharge, and provides protection and restoration of receiving waters by reducing pollutant loading and other negative impacts associated with changes in land use.  The storm water management plan shall assist in protecting natural resources, wetlands and other freshwater and marine ecosystems.

The written report shall identify the method used to calculate runoff, runoff characteristics of the property before and after development, drainage calculations, proposed measures to reduce peak discharge rates and maintain or improve water quality, structural elements of the proposed drainage design, maintenance procedures and a maintenance schedule for structural elements, safety measures including fencing and trash racks, proposed landscaping and vegetation measures used to stabilize slopes and bottom surfaces, and proposed ownership of any structural elements.  The applicant may be required to determine the downstream impact of changes in discharge characteristics of the watershed within which the subdivision is located.  When this is required, this determination shall be made through hydrologic analysis conducted by a Professional Engineer consistent with the requirements of Section 4.4.

The applicant shall demonstrate that impervious surfaces have been reduced to the greatest extent possible and that site disturbance will be the minimum necessary for the proposed project while maintaining as much natural, undisturbed vegetation on the site as possible.

Best management practices shall be identified and illustrated on the mapped plans and described within the written plan.  The applicant shall obtain written endorsement of the mapped and written drainage plan from the engineer designated to review the report on behalf of the Board of Selectmen.

All design and construction shall meet the requirements of Section 5 of these Regulations and the Town’s Design and Construction Standards as applicable.

4.6.5       Coastal Management Plan: All subdivisions of land located fully or partially within the Coastal Boundary, as defined in the Connecticut General Statutes, Chapter 444, Section 22a-93, and indicated on the Clinton Zoning Map, shall be subject to the coastal site plan review requirements, procedures and definitions set forth in CGS Chapter 444, and with the following requirements of these regulations:

(a)       In addition to requirements set forth elsewhere in these Regulations, applications for subdivision fully or partially within the Coastal Boundary must include the following information:

(1)       A plan showing the location and special relationship of coastal resources on and contiguous to the property proposed for subdivision;

(2)       A description of the location, design, and timing of construction of any subdivision improvements;

(3)       An evaluation of the capability of resources to accommodate the proposed use;

(4)       An evaluation of the suitability of the subdivision for the proposed site;

(5)       An evaluation of the potential beneficial and adverse impacts of the subdivision and a description of proposed methods to mitigate adverse effects on coastal resources.

(b)       The applicant shall demonstrate that the adverse impacts of the proposed subdivision on coastal resources and future water dependent development opportunities are acceptable and that such activity is consistent with the goals and policies of the Coastal Management Act.

4.6.6       Flood Protection: When a subdivision is proposed for land which is subject to flooding, as identified by the National Flood Insurance Program, the applicant shall supply written confirmation from the Zoning Enforcement Officer and Sanitarian, Town of Clinton or their designated agents, that utilities, water, sewage disposal systems and electrical service are located or designed so as to minimize or eliminate flood damage or infiltration.  The applicant’s engineer shall provide assurances that the flood carrying capacity is maintained within any altered or relocated portion of any watercourse.  Flood protection measures shall be designed in accordance with the requirements of Section 15 of the Clinton Zoning Regulations and Section 5.4 of these Subdivision Regulations.

4.6.7       Energy Conservation: The applicant shall submit a written statement describing the manner in which the proposed subdivision will utilize passive solar energy techniques, as required in Section 5.14.  This report may be included as a note on the subdivision map where appropriate.

4.6.8       Proposed and Disposition of Open Space: The applicant shall provide a written report describing any open space proposed in accordance with Section 5.8.  The written report shall include a description of natural resources on the open space tract, proposed use of the tract, proposed ownership and management recommendations.  A copy of any restrictive covenants and/or conservation easements shall be included in the report.

4.6.9       Cultural Resources Preservation Plan: In the event that cultural resources, as defined in Section 2.13, are identified or potentially identified on the property to be subdivided, the Commission may require the applicant to submit a Cultural Resources Preservation Plan.  The preservation plan shall describe procedures that will be taken to catalog, protect, preserve and/or properly remove the cultural resources.  At a minimum, the plan shall include the following components:

(a)       A map identifying the type and extent of cultural resources located or potentially located on the site;

(b)       A written evaluation of the impact of the proposed development on the subject cultural resources;

(c)        A written description of the measures to be taken to mitigate any adverse impact of subdivision development on cultural resources, as well as measures to be used to protect and preserve or properly remove the cultural resources.  Such measures may include conservation easements or inclusion of cultural resources in areas dedicated to open space; design of roads and other improvements to minimize impact on cultural sites and resources; restoration of historic structures; and proper removal of cultural materials to an acceptable location;

(d)       Suitable public access to any preserved feature may be required by the Commission.

In the event that the Commission cannot determine to their satisfaction from the Cultural Resources Preservation Plan that the adverse impacts on cultural resources have been mitigated to the extent possible or whether there actually are cultural resources on the site, the Commission may require a more intensive archaeological survey to be conducted by the applicant.  The archaeological survey shall be conducted by an accredited professional archaeologist or historian and shall follow the standards contained in the Environmental Review Primer for Connecticut’s Archaeological Resources (copy available for review in the Clinton Planning and Zoning Office or from the Office of the State Archaeologist).

The Commission shall not approve a proposed subdivision unless it determines that there are no cultural resources on the site or the proposed project has been revised or modified to protect cultural resources and mitigate all adverse impacts to the satisfaction of the Commission.

4.6.10 Fire Protection: The applicant shall provide a copy of the proposed subdivision plan to the Fire Marshal with a written report describing measures to be taken to provide fire protection to the subdivision, including fire access and water supply, in accordance with Section 5.13.  The applicant shall supply written confirmation that the report has been reviewed by the Fire Marshal, either in the form of a letter from the Fire Marshal or by an endorsement of the written report by a designated representative of the Fire Department.

4.6.11 Other Reports: The following approvals shall be submitted where required and as appropriate:

(a)       State Highway Connections: Where a proposed street, driveway, or storm drainage system joins with a State Highway, the applicant shall present a copy of a letter or other document giving evidence that the construction plans have been submitted to, and reviewed by, the Connecticut Department of Transportation.  A permit from CONNDOT or a letter indicating intent to issue such permit shall be obtained by the applicant and submitted to the Commission prior to Commission approval.

(b)       Other State and Federal Approvals: In the case of any use, improvement, system, or facility requiring approval of any department or agency of the federal or state government not cited elsewhere in these Regulations, the applicant shall provide evidence of the approval from such department or agency, or a copy of a letter or other documentation showing that the applicant has applied for such approval.

4.7       Legal Documents: All legal instruments related to roads, open space, drainage and other restrictions shall be submitted in duplicate as part of the subdivision application.  All legal documents are subject to approval by the Commission Counsel and the Commission.

4.7.1   Submission of Legal Documents at Time of Application: Legal documents which must be submitted for the Commission and the Commission’s Counsel for review as part of the submission at time of application include, but are not limited to, the following:

(a)               Proposed deed for proposed open space areas;

(b)               Existing and proposed text of required easements of all types, including, but not limited to easements for storm drainage, conservation, utilities, access, temporary easements for construction purposes, sloping rights, and fire ponds;

(c)               Organizational documents and by-laws for homeowners’ association, when proposed;

(d)               All maintenance agreements;

(e)               Certification:

(1)       A Certificate of Title for the subject property, signed by an attorney admitted to practice law in the State of Connecticut, which reflects the name(s) of the proper, current owner(s);

(2)       Supporting documentation which sets forth the configuration and title ownership of the subject parcel from the date of adoption of zoning regulations to the time of application; and

(3)       An affidavit, signed by the applicant, stating whether the applicant or related entity is the owner of any property adjoining the subject property.

(f)        All other documents required by the Town’s Design and Construction Standards.

4.7.2       Submission of Legal Documents Prior to Final Commission Action: Legal documents which must be submitted and approved by the Commission’s legal counsel prior to final approval of the subdivision and signing of the Mylar by the Commission:

(a)               Deed for proposed roads.

(b)               Deeds and/or easements for the proposed storm drainage system, including any necessary rights-to-drain onto private property, Town property and State property.

(c)               Documents required in Section 4.7.1 in their final form.

(d)               All other documents required by the Town’s Design and Construction Standards.

(e)               A certificate of title showing current ownership and liens at the time of final approval.

4.8       Additional Information Requirements: The Commission may require any other information necessary to establish that the proposed subdivision is in conformance with the purposes of these subdivision regulations, as established in Section 1.1.

4.9       List of Plans to be Submitted:

Reference #:

4.5.1       Title Sheet

(a)               Location Map

(b)               Title

(c)               Signature Blocks (Chairman/Secretary and Director of Health), date of Planning and Zoning Approval and expiration date and subdivision application number.

(d)               Notations of all revisions.

(e)               List of all other approvals, e.g. Inland Wetlands and Conservation Commission, Zoning Board of Appeals, Board of Selectmen, etc.

(f)                 Conditions Block

(g)               Legend

(h)              Index of all drawings

4.5.2       Boundary Survey Map

4.5.3       Data Table Sheets

4.5.4       Record Subdivision Map

(a)               Existing property lines

(b)               R.O.W. Lines

(c)               Proposed property lines and ownership

(d)               Monuments

(e)               Open space

(f)                 Any easements, proposed or existing

(g)               Bearings, distance and coordinates

(h)              Coastal Boundary, Inland Wetlands Boundary and Special Flood Hazard Boundary

(i)                 Notation of all revisions

4.5.5       Site Plan

(a)               Existing and proposed property lines

(b)               Minimum square

(c)               Existing 2’ contours

(d)               Proposed 5’ contours

(e)               Setbacks

(f)                 Driveway locations

(g)               House locations

(h)              Septic and well locations

(i)                 Existing utilities, houses, wells, septic, water main/lines within 200’

4.5.6       Construction Plans

(a)               Road and driveway layout

(b)               House, septic and well layout

(c)               Existing and proposed utilities and drainage

(d)               Existing and proposed 2’ contours

(e)               Property lines and easements

(f)                 Clearing and grading limits

(g)               Street trees

(h)              Sidewalks

(i)                 Signs

(j)                 Pavement markings

(k)              Profiles and details

SECTION 5

SUBDIVISION DESIGN AND CONSTRUCTION STANDARDS

5.1             General Requirements

5.1.1   Town Plan of Conservation and Development: Subdivisions shall be planned and designed in general conformance with the Clinton Plan of Conservation and Development, adopted by the Planning and Zoning Commission in accordance with Chapter 126 of the Connecticut General Statutes, particularly with regard to the following:

(a)               Location and classification of streets;

(b)               Provision of sewage disposal, water supply, drainage systems and service areas;

(c)               Preservation of land for parks, recreation and open space; and

(d)               Preservation of the rural character of the town.

5.1.2       Natural Features: The planning and design of subdivisions, including streets, drainage and other improvements, and the layout of lots, shall provide for retention of the natural features of the tract:

(a)       by avoiding excessive cuts, fills and regrading which result in potential soil erosion, tree and other vegetation removal, and disturbance to water resources;

(b)       by maintaining water courses and wetlands in their natural location and avoiding relocation of and encroachment thereon;

(c)        by retention and protection of large notable trees and forested areas; and

(d)       by management of coastal natural resources in a manner consistent with the policies of Chapter 444 of the Connecticut General Statutes, in accordance with Section 4.6.5 of these Regulations.

5.1.3   Site Disruption and Restoration: To the extent possible, natural vegetation and unusual topographic features shall not be disturbed during construction.  Upon completion of improvements, and prior to the release of the Performance Bond and/or Soil Erosion Bond in its entirety, the developer shall be required to properly grade any disturbed land to dispose of undesirable surface water, remove all brush and debris created by human intervention, and grade and seed all open or disturbed areas to field grass.  All temporary ditches shall be filled; all sewer lines, drains, catch basins and manholes shall be cleaned and flushed; all streets, walks, curbs and other structures shall be cleaned and repaired; and the whole site shall be left in a neat and clean condition. 

5.1.4       Historic and Cultural Preservation: Subdivisions and resubdivisions shall be laid out to preserve significant historic sites and buildings, identified archaeological sites, and other cultural resources such as stone walls and existing trails.  Suitable public access to a particular preserved feature may be required by the Commission.

5.1.5       Other Applicable Standards: All lots, streets, storm drainage, water supply systems, sewage disposal systems, open space, sidewalks, bikeways, driveways, installation of property markers, fire protection measures, and all other subdivision improvements shall be designed, constructed and maintained in accordance with the standards specified in these Regulations and the Town’s Design and Construction Standards, and in accordance with any other local, state or federal statutory or regulatory requirements, codes and standards.  Whenever there is a conflict among applicable standards, the most stringent requirement shall govern.

5.1.6       Consideration of Alternative Construction and Design Standards: The Planning and Zoning Commission recognizes both the need for flexibility to accommodate individual site conditions and the desirability of using state-of-the-art technology.  The Commission will consider and may approve alternatives to the construction standards for road and drainage set forth in these Regulations, provided that such alternative standards meet the criteria in Section 1.2 of these Regulations.  Additionally, the Commission may consider alternative subdivision designs as set forth in Section 6 of these Regulations.

5.2       Character of Land: Land which the Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the applicant and approved by the Commission, upon recommendation of the Town Engineer, to mitigate the problems created by the unsuitable land conditions.

5.3       Lots

5.3.1   Building Lots: Proposed building lots shall meet all requirements of the Town of Clinton Zoning Regulations.  In addition, in accordance with Connecticut General Statutes Section 8-25, all building lots shall be of such shape, size, location, topography, accessibility and character that said lots can be occupied and used for building purposes without danger to the health and safety of the occupants, the neighborhood or the general public.  Any proposed lot which is found at the time of application to be unsuitable for occupancy and building by reason of water or flooding conditions, unsuitable soils, topography, ledge rock or other adverse conditions, shall be combined with another contiguous lot that is suitable.  The Commission shall not authorize the creation of separate parcels of land which are unsuitable for building purposes, unless the parcel  is to be used for municipal, conservation or agricultural purposes.  Building lots, along with related streets, drainage and other improvements, shall be planned and designed to be consistent with the following:

(a)               to make best use of the natural terrain;

(b)               to retain and preserve natural features including large isolated trees, desirable woods and other vegetations;

(c)               to be capable of use without extensive filling or regrading which would result in potential erosion and sedimentation and excessive vegetation removal or which would adversely affect the ability of the lot to accommodate on-site sewage disposal and water supply facilities;

(d)               to be laid out in such a way as to maximize potential use of passive solar energy design techniques, as defined in the Connecticut General Statutes to the extent practicable;

(e)               to be capable of accommodating buildings as permitted by the Clinton Zoning Regulations together with driveway access, parking spaces and suitable sites for on-site sewage disposal and water supply, without excavation, filling, regrading or otherwise disturbing swamps, floodplains, wetlands and watercourses unless authorized by the Clinton Inland Wetland and Conservation Commission; and

(f)                 to include a Minimum Area of Buildable Land (MABL) such that each building lot shall contain within its boundaries an area with the following characteristics:

(1)       such parcel shall include a contiguous area of not less than 15,000 square feet, except in the R-10 Zone, which shall include a contiguous area of not less than 10,000 square feet;

(2)       the Minimum Area of Building Land (MABL) shall be of such shape as to be capable of containing a rectangle not less than 100 feet on a side, except in the R-10 Zone, which shall be capable of containing a rectangle not less than 70 feet on one side and in the R-15 Zone, which shall be capable of containing a rectangle not less than 90 feet on one side;

^{(Amended 3/1/2005)}

(3)               the Minimum Area of Buildable Land  shall not include any land determined to be inland wetlands or tidal wetlands defined by the Connecticut General Statutes, nor any land delineated as Special Flood Hazard Area.  There shall be a fifty foot buffer area along all tidal and inland wetlands areas located on individual lots, free of development of structures or utility installations, as a deed restriction;

^{(Amended 7/1/2004)}

(4)       the house and subsurface sewage disposal system must be located within the Minimum Area of Buildable Land, although all other improvements do not;

^{(Amended 3/1/2005)}

(5)       No more than twenty percent of area designated as the Minimum Area of Buildable Land (MABL) shall have a naturally occurring topography exceeding twenty percent (20%) slope in grade as measured in 40 foot increments throughout the parcel;

(6)       No land shall be included in the Minimum Area of Buildable Land (MABL) which is identified as having ground water or evidence of seasonal high water at subsurface elevations less than 18 inches below the naturally occurring surface, or ledge at a depth of four feet below the natural ground surface as observed by soil testing.  A minimum of four (4) test holes which have been observed by the town sanitarian or his agent shall be provided as demonstration and shall be conducted such that both the primary and reserve system areas are investigated.

5.3.2   Lot Size: Each lot shall conform to the minimum acreage requirements of the Clinton Zoning Regulations unless required by Subdivision Regulations to be larger in order to accommodate on-site sewage disposal and/or water supply systems and an expansion system for sewage disposal.

5.3.3       Lot Numbers: The applicant shall assign lot numbers to all lots beginning with the number “1”.  Numbering shall continue consecutively throughout the entire subdivision whether developed all at once or in sections, with no omissions or duplications.  All lot numbers shall be conspicuous and noted on the map in the approximate center of the lots. 

5.3.4       Lot Frontage: All lots shall have frontage consistent with the Clinton Zoning Regulations, on either an existing approved street or upon a new street to be created as a part of an approved subdivision plan.

5.3.5       Minimum Square: All lots in a subdivision shall be of such shape that a square equal to the dimensions established in the Clinton Zoning Regulations can be placed within the boundary lines of the lot, with the house able to be located within said square.

5.3.6       Lot Access/Driveways: Each lot shall be capable of being accessed by an individual driveway located at the designated lot frontage, except in cases where the Commission determines that a combined driveway serving more than one lot will reduce traffic conflicts or preserve significant natural features.  All driveways shall be designed and constructed in accordance with Section 5.10, Driveways and the Construction and Development Standards for the Town of Clinton, Connecticut, as may be amended.  Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on principal thoroughfares. 

5.3.7       Lot Lines: In general, lot lines shall be laid out so as not to cross Town boundaries.  No lot shall be approved which does not meet all of the requirements of these regulations by land located within the Town of Clinton, and for the purpose of this Section, the municipal boundary line shall be considered as a property line for setback and other measurement purposed, but land in another municipality may be added to such a lot.  In addition and insofar as practical, the side lot lines of all lots shall run for fifty feet (50’) at right angles to the street on which the lot faces or shall be radial to the street line.

5.3.8       Bodies of Water: If a tract of land being subdivided contains a body of water or portion thereof, including a dam or other structure, the Commission may require that the lot lines be drawn so as to place the entire ownership and burden of maintenance of the body of water and dam or other structures in undivided ownership.

5.4       Flood Protection: All subdivision proposals shall be consistent with the need to minimize flood damage and meet the requirements of Section 15 of the Zoning Regulations.  When the subdivision includes land in a Special Flood Hazard Area or regulated floodway, the lots, streets, drainage and other improvements shall be reasonably safe from flood damage and shall conform to the following:

5.4.1   Flood Hazard Minimization: Lots and improvements shall be consistent with the need to minimize flood damage within Special Flood Hazard Areas and shall be capable of use without damage of flooding.

5.4.2       Flood Hazard Minimization of Utilities and Facilities: The Commission shall require written assurances prepared by and bearing the seal of the applicant’s licensed professional engineer, and written confirmation from the Clinton Building Official and Sanitarian, as appropriate, or their designated agents, that all utilities and facilities, including but not limited to private sanitary sewer systems, private and public water supply systems, electric systems and gas systems, shall be designed, located and constructed to minimize or eliminate flood damage or infiltration of flood waters into such systems.  Endorsement of the engineer’s report by the Town Engineer, the Zoning Enforcement Officer and/or the Sanitarian or their designated agents shall constitute written confirmation.

5.4.3       Adequate Drainage in Flood Hazard Areas: The applicant shall demonstrate that adequate drainage is provided in flood hazard areas to reduce exposure to flood hazards;

5.4.4       Flood Hazard Minimization with New and Existing Street: Where feasible, the Commission may require that new streets and existing streets being brought up to current street design and construction standards be constructed above the base flood elevation of a flood hazard area.  The Commission shall require that any access driveway to a residential dwelling be raised above the base flood elevation to provide safe access during flood conditions.

5.4.5       Facility Prohibitions within Flood Hazard Areas: None of the following shall be constructed on land lying within a Coastal High Hazard Area, Special Flood Hazard Area or in the regulated floodway:

(a)       Any portion or part of a public or community water system, including public or community water supply wells, pumping stations, treatment facilities, storage tanks and towers;

(b)       Any portion or part of any utility system and facilities;

(c)        Any structural storage facility or non-structural storage area for chemicals, explosives, flammable liquids (including gasoline and motor fuels, except for storage of fuels for retail sales to boats), road salt, manure or fertilizer, or other toxic materials which could be hazardous to public health and safety.

5.4.6   Channel Lines: Channel and building lines shall be provided along any major stream or river for the purpose of preventing encroachment upon the natural water channel by buildings, filling operations or other facilities and construction.  The width of the channel shall be based on sound engineering calculations anticipating long range storms and flow potentials and recognizing proper alignment and gradients of the channel.  A note shall be placed on the detailed layout maps explaining the channel and building lines and stating the restrictions against encroachment upon the channel in a manner approved by Town Counsel.  Reference shall be made to the Flood Plain requirements of the Zoning Regulations in arriving at the above computations.

5.4.7   Alteration or Relocation of Watercourse: In the event of a proposal to alter or relocate a watercourse, the Applicant shall notify adjacent communities and the CT Department of Environmental Protection prior to any such alteration or relocation and shall submit evidence of such notification to the Federal Insurance Administration.

5.5       Provision of Water Supply: Each lot shall be capable of being provided with an adequate water supply on a continuous, long term basis to meet the requirements of all uses that would be permitted on the lot under the Clinton Zoning Regulations.

5.5.1       Public Water: The Commission may require public water supply connections and/or extensions to be made available to each lot in any subdivision which is either:

(a)       Located within a area currently served by an existing public water supply system, or

(b)       Where any part of the land being subdivided is located within 200 feet of the nearest existing public water supply service line.

Where such service is available, each lot shall be served by, and provided with, a curb connection to a central water supply system.  Such system and connection shall meet all the technical and administrative requirements of the Public Health Code of the State of Connecticut as interpreted by the Clinton Director of Health or the Director’s designated representative, the utility company providing the service and to the standards of the Connecticut Department of Public Utilities.  The Commission may approve individual private wells if it determines that a central water system is not available or cannot reasonably be provided or extended by the applicant to serve one or more lots.

If a public water supply is to be used for the subdivision, the applicant shall submit written evidence of agreement by the water company to provide a safe and adequate public water supply.

5.5.2       Private Water Supply: If private water supply wells for individual lots are proposed, the applicant shall submit written evidence that the Clinton Director of Health or the Director’s designated agent concurs with the adequacy of the plans for a permanent water supply for the subdivision, and that such private wells can be located in compliance with the separation requirements of the Public Health Code of the State of Connecticut, or the Ordinances and Special Acts of the Town of Clinton, whichever is more restrictive.

For any subdivision containing 20 or more lots in which private water supply wells are proposed, a water study is required, prepared by a certified hydrogeologist, addressing the adequacy of ground water supplies and the effect of the proposed subdivision on surrounding wells.  Such water study shall be submitted to the Director of Health for review.  Written evidence shall be provided that the Director of Health or the Director’s designated agent concurs with the adequacy of the plans for a permanent water supply. 

5.6       Provision of Sanitary Sewage Disposal: A private subsurface sewage disposal system shall be provided for each lot in accordance with the Connecticut Public Health Code, latest revision, or the Ordinances and Special Acts of the Town of Clinton, and any applicable regulations and standards of the Connecticut Department of Environmental Protection, whichever is more restrictive.  No proposed lot shall be approved unless a written report endorsed by the Clinton Director of Health, or the Director’s designated agent, is submitted to the Commission, concurring with the adequacy of plans for on-site sewage disposal facilities.

5.6.1       Soil Tests Required: If private subsurface sewage disposal systems on individual lots are proposed, percolation tests and deep observation pits shall be required on each lot, in the vicinity of the primary and reserve leaching areas, at the subdivider’s expense.  These tests shall be conducted to conform with requirements of the Connecticut Public Health Code or the Ordinances and Special Acts of the Town of Clinton, whichever are more restrictive.  The Director of Health or the Director’s designated agent may prescribe the location and depth of tests, number of tests, specifications for testing, season of year necessary for valid testing, and stage of site preparation suitable for relevant testing.  All soil tests shall be witnessed by the Director of Health or the Director’s designated agent, whose findings and recommendations shall be submitted to the Commission.  All proposed lots shall provide for a reserve leaching area in accordance with the Connecticut Public Health Code or the Ordinances and Special Acts of the Town of Clinton, whichever are more restrictive.  The location, test dates and results of deep test pits and percolation tests shall be shown on Detail Map, as required in Section 4.5 of these Regulations.

5.6.2       Site Capacity for Individual Lots and Site Capacity for Multiple Lots: Using the Minimum Leaching System Spread (MLSS) criteria in the Connecticut Public Health Code or the Ordinances and Special Acts of the Town of Clinton, whichever are more restrictive, the applicant shall demonstrate to the satisfaction of the Commission’s reviewing engineer that each proposed lot can accommodate a subsurface sewage disposal system for a single family residence having four bedrooms.  The applicant is required to demonstrate that the cumulative effect of all the sanitary systems to be built in the subdivision will not degrade the ground water quality at the boundaries of the subdivision, the total sewer shed area, or at areas of concern, including wetlands and ledge outcroppings.  The analysis of the cumulative effect shall include, but not be limited to, nitrogen renovation, bacteria renovation, and hydraulic capacity.

5.6.3       Larger Lots: When the results of deep test pits and percolation tests indicate a need for larger lots, final approval of the subdivision plan shall not be granted until such larger lots, as required, are shown on the maps or the Commission may combine lots as needed as a condition of approval.

5.6.4       Septic Systems in Special Flood Hazard Areas: For lots in Special Flood Hazard areas, the applicant shall submit a report by a professional engineer, currently licensed in the State of Connecticut, giving assurances that each lot is capable of accommodating an on-site sewage disposal system in a manner that avoids impairments of the system and contamination from the system during flooding. 

5.7       Storm Water Management: A storm water management system shall be designed and constructed for each subdivision to provide for the efficient drainage of the subdivided land and surrounding lands which normally drain across the areas of the proposed subdivision.  The storm water management system shall accommodate collection and discharge of storm water on the development site, while adequately mitigating downstream impacts from any alteration of storm water discharge characteristics resulting from the subdivision.  Such alterations include changes in the rate and volume of discharge, changes in the duration of discharge and time to peak discharge, and alteration of water quality characteristics. 

5.7.1       General Design Requirements for Storm Water Management: When a Storm Water Management Plan is required in accordance with Section 4.6.3 of these Regulations, the storm water management design shall meet the following general criteria, in addition to any other requirements:

(a)       Storm Water Runoff Management: Subdivisions shall be designed to provide effective management of storm water runoff.  The volume of storm water runoff generated shall be minimized by keeping total impervious surface area within the subdivision to a minimum.  Reducing the volume of storm runoff will result in less potential for on-site and downstream flooding, and fewer pollutants being transported from the development site.

(b)       Increase in Volume or Rate of Storm Water Runoff: Where the proposed development is likely to cause in increase in the volume or rate of storm water runoff so as to overload the existing drainage system, causing flooding and damage downstream, measures shall be taken by the developer to prevent or alleviate such harmful effects.  Potential adverse impacts from changes in discharge characteristics shall be minimized through use of structural and/or natural control measures.  A zero percent increase in discharge characteristics is not mandated for all subdivisions, but may be required in certain cases where existing downstream land use or property is shown to be subject to flooding.  Natural runoff detention or retention capacity of adjoining inland wetlands may be used as a mitigating factor in determining the scope of downstream impacts and the extent of on-site drainage control measures warranted.

(c)        Additional Runoff from Storm Drainage: Storm drainage within the subdivision shall be designed and constructed to be capable of accommodating all additional runoff which can reasonably be expected to result from future development of the drainage area upstream of the subdivision and which may reasonably be expected to drain through the subdivision.

(d)       Diversion Prohibited: Due consideration shall be given to minimizing the disruption of existing drainage patterns.  In general, storm water runoff shall not be diverted from one watershed or watercourse to another.

5.7.2       Discharges: All storm water from the subdivision shall be discharged no less than 100 feet from the street line and only to suitable streams or rivers, or into town or state drains, ditches, or other Town or State drainage facilities with adequate capacity to carry the additional water.  Where the discharge is onto private property adjoining the subdivision, proper easement and discharge rights shall be secured by the applicant on behalf of the Town and shall be presented to the Commission as part of the application at the time of application.  It shall be incumbent upon the developer to ascertain and demonstrate within the application that existing town drainages, ditches or other Town drainage facilities are adequate to carry the additional water to its terminus.  Discharge shall be designed with particular regard to discharge points and velocities, and in a manner that protects streams and wetlands from pollution, flooding and erosion due to increase in runoff.  In addition, any site which has a post-construction storm water discharge located less than five-hundred feet (500’) from tidal wetlands, which are not fresh-tidal wetlands, discharge such storm water though a system designed to retain the volume of storm water runoff generated by one inch of rainfall on the site.

If the Commission determines that, in its judgment, there will be no substantial danger to the public health and safety, it may approve, on lots of one (1) acre or larger, the discharge of storm water in open ditches, swales, or detention basins, except that such structures shall not be located in that portion of the lot customarily used for front and side yards, or which might be used for on-site sewage disposal or water supply systems.

5.7.3       Storm Water Discharge Easements: Easements for storm water discharge shall be obtained in accordance with the requirements of the Town’s Design and Construction Standards, as may be amended.  In addition, easements shall be provided in locations deemed proper by the Commission or Town Engineer for storm water and water mains or other utility lines that may need to be installed in the future to serve undeveloped land within the watershed that normally drains across the area of the proposed subdivision.  It shall be incumbent upon the developer to determine that easements exist for the Town drains, ditches or other drainage facilities, into which they intend to discharge storm water, and, if they do not exist, then the developer shall obtain the necessary easements for the Town.  This determination shall include the system to its terminus.  Approval of the subdivision shall be contingent upon this matter.

5.7.4   Additional Requirements for Storm Water Management: Additional requirements for storm water design and construction are set forth in the Town’s Design and Construction Standards, as may be amended.

5.8       Open Space: The Commission shall require lands for parks, playgrounds, recreational areas or conservation open spaces, or a combination of the foregoing, be provided and reserved in each subdivision.  The land reserved shall be of such location, size, shape, dimensions, topography and natural character as to satisfy the open space needs as determined by the Commission.  In determining the size of an open space parcel, the Commission may require the applicant to dedicate in excess of the minimum standard in dense areas.  In determining the need for open space, the Commission shall take into consideration the size of the subdivision and any existing parks, playgrounds, recreation areas and open space in the area.  Such needs may include, but are not limited to, the following:

(1)       Preservation and potential enhancement of existing natural resources such as, but not limited to, unusual topography, large trees, wetlands, aquifers, agricultural land, wildlife habitat, flora and fauna, visual corridors and vistas;

(2)       Retention of natural drainage ways;

(3)       Avoidance of undifferentiated sprawl patterns, provision for visual edges, focal points and centers to enable people to relate to their surroundings and to integrate or separate various types of uses and activities;

(4)       Provision for passive and active recreation;

(5)       Preservation and enhancement of historic and cultural resources and locations;

(6)       Maintenance of scenic quality.

The reservation of land shall conform, to the greatest extent possible, to the recommendations of the 2000 Town Plan of Conservation and Development and any other plans for parks, playgrounds, recreation land, conservation or open space which have been formally adopted by the Clinton Planning and Zoning Commission, Clinton Conservation Commission, Clinton Park and Recreation Commission, or other official town board or agency.

5.8.1       Open Space Dedication Requirement: In determining the need for reservation of open space, the Commission shall be guided by, but not limited to, a minimum standard of twenty percent (20%) in the R-10, R-20, R-30 & R-40 Zones and fifteen percent (15%) in the R-60, R-80 and R-120 Zones of the total area of the subdivision and a minimum reservation are of one (1) acre unless the area is in addition to an existing or proposed park, playground, open space or public land or unless a lesser area is approved by the Commission as appropriate for the open space purposes intended.  Such dedication shall be in accordance with the following standards:

(a)       At least 60% of the land being used to meet the minimum open space requirements must be uplands.

(c)        Calculation used to establish compliance with this section shall be present on submitted plans in table form for ease of confirmation.

5.8.2   Access and Location: The area or areas reserved for open space shall be laid out so as to be used in conjunction with and linked to similar areas in adjoining subdivisions or of possible future subdivisions.  Proper pedestrian and vehicular access shall be made subject to approval by the Commission, which access shall be wholly owned and an integral part of the open space reservation. 

5.8.3   Coastal Waterfront Sites: In such cases where the proposed subdivision site abuts tidal waters, the Commission may require such open space, in addition to public access, to and along the waterfront, consistent with Section 22a-92 through 22a-113, inclusive, of the Connecticut General Statutes.

5.8.4   Condition of Land: Land reserved for open space shall not be used for the storage of equipment or the deposit or burial of construction debris or materials.  The land reserved for open space shall not be excavated, filled or re-graded, and trees shall not be removed there from.  Such open space shall remain in its natural state, except in accordance with a grading plan submitted under Section 4.5.8 of these Regulations and approved by the Commission.

5.8.5   Open Space Dedication in Phased Projects: When a subdivision plan is approved in phases, an open space dedication need not be included in each separate phase provided a comprehensive open space plan is submitted at the time of application for the first phase and approved consistent with Section 5.8 as a whole and the integrity of such open space is specifically guaranteed in accordance with the proposed of Section 5.8 of these Regulations.  This approval shall be a prerequisite for approval for the first section submitted.

5.8.6       Methods of Open Space Reservation: Open space areas shall be permanently reserved for the designated use by means acceptable to and approved by this Commission, such as, but not limited to, the following.  In all cases, the application must provide at the time of application proof of proposed recipients acceptance of open space:

(a)       Deeded to the Town of Clinton: Where open space areas are to be conveyed to the Town, the applicant shall convey them at the stage and in the condition agreed upon in connection with the processing and approval of the subdivision.

(b)       Deeded to a Non-profit Organization Acceptable to the Commission: Such non-profit organization shall be a private non-profit, non-stock corporation which has as its primary purpose the preservation of open space land.  The deed to such organization shall contain language satisfactory to the Commission requiring that the land be held in perpetuity as open space land.  The Commission may require that a copy of the organization’s Certificate of Incorporation and By-Laws be submitted for its review.  The deed to the organization shall contain the provision that in event of the dissolution of the corporation, the property shall be conveyed to the Town of Clinton, or to a non-profit corporation, at the discretion of and subject to the approval of the Commission.  The Commission shall have the right to reject any proposal for the transfer of open space land to a private non-profit organization if the Commission determines that such conveyance would not be in the best interest of the Town.

(c)        Held in Corporate Ownership by Owners of Lots within the Subdivision: Open space may be conveyed by warranty deed to a homeowners’ association within the subdivision upon such terms and conditions as specified by the Commission.  When tracts are conveyed in this manner, a copy of the bylaws of the homeowners’ association shall be submitted as a part of the application for subdivision.  Membership in such corporation shall be mandatory for all lot owners within the subdivision.  Each deed conveyance to lot owners shall include the provisions of the declaration of rights and responsibilities in regard to open space, and shall be recorded in the Clinton Land Records.  Wording on each deed shall state that such open land is reserved for use only as open space in perpetuity.

5.8.7       Conditions of Open Space Conveyance: Title to the open space land shall be unencumbered and shall be conveyed coincidental with the filing of the Mylar in the Town Clerk’s Office. 

5.8.8       Deed Guarantees: Regardless of the method employed, the instrument of the open space conveyance must include provisions suitable to the Commission and the Commission’s Counsel.  All legal documents required for the disposition of open space in accordance with Section 5.8 must be submitted to the Commission for review as part of the application materials.  All executed documents shall be submitted to the Commission for safekeeping prior to final endorsement of the application.  Such open space documents shall guarantee the following: 

(1)       The continued use of such land for the intended purpose;

(2)       Continuity of proper maintenance for those portions of the common open space land requiring maintenance;

(3)       When appropriate, the availability of funds required for such maintenance; and

(4)       Recovering loss sustained by casualty, condemnation or otherwise.

5.8.9       Disposition of Proposed Open Space: The Commission shall determine the disposition of proposed open space.  Disposition of open space shall take one of the following forms: 

(a)       After all improvements have been completed, subject to the approval by the Board of Selectmen, the open space may be conveyed by warranty deed to the Town of Clinton or to one of its agencies such as the Park and Recreation Commission, with appropriate restrictions as to the future use of the land; or

(b)       The open space may be conveyed by warranty deed to a private non-stock, non-profit corporation which has as its purpose the preservation of open space land as described in Section 5.8.6(b) of these Regulations. If proposed open space is to be conveyed to a land trust, the applicant shall present a letter from that land trust agreeing to accept the open space parcel as part of the application; or

(c)        The open space may be conveyed by warranty deed to a homeowner’s association within the subdivision as stipulated in Section 5.8.6(c) of these Regulations.

5.8.10  Fee-in-lieu of Open Space: In lieu of the above requirements to provide land for open space purposes, the Commission may authorize the subdivider to pay a fee to the Town, or provide a combination of land and fee, in accordance with the provisions of Section 8-25 of the Connecticut General Statutes.  The Commission may consider payment of such fee when it determines, in its sole discretion, that there is not a suitable area within the subdivision with which to meet the requirements of Section 5.8, or that there are other areas within the Town, the preservation of which would be more beneficial to the Town and there is no abutting open space or potential for open space abutting and if the minimum open space requirement is less than 1.5 acres.  The amount of the fee  and its method of payment shall be in accordance with the procedures set forth in CGS 8-25.  The payment option shall be secured by a lien against each lot in the subdivision, which shall be filed at the same time that the final subdivision plans are filed in the Office of the Town Clerk.  The lien shall be in a form approved by the Commission, and shall be unencumbered by any mortgage or encumbrance having priority over said lien, as evidenced by a current Certificate of Title, required in Section 4.6.

5.9       Roads

5.9.1   Street Planning: Proposed streets shall be planned to provide safe and convenient access to proposed lots, shall be suitably located and adequately constructed to accommodate both present and future anticipated traffic, and shall provide access for emergency and maintenance vehicles.  Such street planning shall conform to all the requirements of the “Construction and Development Standards for the Town of Clinton, Connecticut”, as may be amended, together with additional requirements as stated below.  Streets shall be designed in an attractive layout which follows the natural contour of the land, and shall be located and graded to preserve the natural terrain, substantial trees, woods, and other natural features which enhance the property values and maintain the natural character of the subdivision.  If, in the opinion of the Commission, a proposed street requires excessive grading and/or clearing that may have a substantial adverse impact on the environment, the Commission may require the applicant to take mitigating measures including, but not limited to, street redesign and lot reduction.

            The design of each residential street shall be appropriate to its function and classification.  Properly scaled and designed streets create more attractive communities and contribute to overall community character.  Traffic within residential areas shall be designed to be kept to a minimum to reduce noise, congestion and hazards to pedestrians.  Where possible, street layouts shall be planned to avoid excessive storm water runoff and the need for extensive storm drainage installations.

5.9.2       Access from Major Roads: In order to reduce danger to pedestrian and traffic safety along the major roads of Clinton, and to help preserve the scenic quality of the town, the design of all proposed subdivisions shall reflect and attempt to minimize the number of new streets and driveways that intersect major roads.  Major roads include all State highways and town roads classified as “Arterial” or “Collector”. 

Where practical, lots adjacent to major roads shall not be accessed directly from the major road.  Instead, such lots shall front upon and shall be accessed from a street one lot depth removed from the major road (Section 5.9.7, Reverse Frontage), or shall be accessed from an intersecting side street.  Roads shall be laid out so as to obtain as many of the building sites at or above the grade of the road.  A buffer zone, protected by a conservation easement at least twenty-five feet (25’) in width shall be maintained on each lot along the property line abutting the major road right-of-way.  No buildings, improvements or structures shall be constructed within the Conservation Easement area.  The Commission may require that the buffer contain a fence, wall, stream, hedge, dense trees or other suitable deterrent to access as may be deemed appropriate. 

5.9.3       Connection to Existing Streets: All subdivision streets shall connect directly to one or more accepted town roads or state highways.  Subdivisions containing more than 20 lots shall have at least two direct connections to one or more accepted public roads.  In the case of resubdivision or phased development, previously approved lots shall be considered part of the total number of lots in determining the need for a second direct connection.  Prior to the issuance of a building permit for the 21^st lot, the second access must be completed.

(a)       Access from Another Municipality: Whenever access to the subdivision is required across land in another municipality, the applicant shall demonstrate that that access is legally established and that the access road is adequately improved, or that adequate security has been posted in a form acceptable to the Commission and is sufficient in amount to guarantee the construction of the access road.  The applicant shall demonstrate that adequate provision has been made for coverage for mail delivery, emergency services, school transportation, snow plowing and other municipal services.

5.9.4       Future Street Connections: Streets shall be laid out to provide connections with existing streets on adjacent properties, where appropriate, and also with proposed streets that may be provided for in the Clinton Plan of Conservation and Development.  When a subdivision adjoins undeveloped land, its streets shall be laid out so as to provide suitable future street connection with adjoining land where it appears probable that the later could be subdivided.  Proposed streets which may be continued into adjoining properties shall be carried to the boundary line.  No reserve strips shall be permitted.  Rights-of-way for future streets shall have proper width and shall be conveyed by warranty deed to the Town of Clinton.  The Town shall not bear responsibility for construction of the future street connection, but shall make the right-of-way available to the developer of adjacent land, who shall be responsible for such construction as part of subdivision improvements to the adjacent land.  The Town shall not bear responsibility for the restoration of the temporary cul-de-sac.

5.9.5       Street Widening:

(a)       No increase in width of a street right-of-way will be permitted beyond the minimum width specified in Section 5.9.9 of these Regulations, when the purpose of widening is to create additional street frontage for additional proposed lots.

(b)       Where the proposed subdivision abuts an existing town street which does not have the minimum right-of-way width required in Section 5.9.9, the applicant shall convey  to the Town sufficient land along such road as to permit its widening then or in the future to conform to the Town standards.  The applicant shall also convey any necessary drainage easement or sloping rights necessary to improve the road to town road standards. 

(1)       When the property to be subdivided abuts a state highway, the applicant may be required to convey land for road widening, or easements for drainage or grading purposes to the Town of Clinton or the State of Connecticut as appropriate.