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TOWN OF CLINTON SUBDIVISION REGULATIONS
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SECTION |
TABLE
OF CONTENTS
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PAGE |
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1 |
Purpose
and Authority
Declaration of Policy and
Purpose, 1-1
Authority,
1-2
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1-1 to 1-3 |
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2 |
Definitions
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2-1 to 2-6 |
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3 |
Application Procedures and Approval Process
Informal Preliminary
Consideration, 3-1
Formal
Submission of Applications, 3-2
Establishing Date of Receipt, 3-2
Site
Inspection as a Part of Application Review, 3-2
Waiver of
Submission Requirements and Provisions, 3-2
Subdivisions Involving Inland Wetlands, 3-3
Referrals
and Review by Others, 3-3
Public
Hearing, 3-5
Planning
Commission Action, 3-6
Approval,
3-8
Posting a
Bond/Security, 3-8
Endorsement and Delivery of Plan, 3-10
Filing and
Recording Plan, 3-11
Authorizing Commencement of Construction, 3-11
Inspection
of Improvements, 3-12
Changes
During Construction, 3-13
Completion
of Work, 3-13
Maintenance of Improvements, 3-14
Certificate of Compliance/Release of Bonds, 3-14
Acceptance
by the Town, 3-16
Revisions
to Lot Configuration, 3-16
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3-1 to
3-16 |
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4 |
Contents
of Formal Application Submission
Formal
Application Requirements, 4-1
Application Form, 4-1
Application Fee, 4-1
Professional Assistance, 4-1
Maps, 4-2
Reports,
4-22
Legal
Documents, 4-27
Additional
Information Requirements, 4-28
List of
Plans to be Submitted, 4-28
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4-1 to
4-30 |
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5 |
Subdivision Design and Construction Standards
General
Requirements, 5-1
Character
of Land, 5-2
Lots, 5-2
Flood
Protection, 5-5
Provision
of Water Supply, 5-7
Provision
of Sanitary Sewage Disposal, 5-8
Storm
Water Management, 5-9
Open
Space, 5-11
Roads,
5-15
Driveways,
5-24
Sidewalks
and Bikeways, 5-25
Final
Grading and Landscaping, 5-25
Fire
Protection, 5-26
Utilities,
5-26
Energy
Efficiency, 5-27
Boundary
Markers and Monuments, 5-27
Required
Easements, 5-28
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5-1 to
5-29 |
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6 |
Alternative Subdivision Design
Rear Lots, 6-1
Planned
Residential Cluster Development, 6-1
Non-Residential Subdivisions, 6-1
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6-1 to 6-2 |
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7 |
Amendments and Validity
Amendments, 7-1
Validity,
7-1
Effective
Date, 7-1
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7-1 |
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8 |
Fees
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8-1 to 8-3 |
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Text
Amendments
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T-1 |
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 21st
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.
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