TOWN OF CLINTON SUBDIVISION REGULATIONS

SECTION 1

PURPOSE AND AUTHORITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 2

DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

2.12         Commission: The Clinton Planning and Zoning Commission.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.26         Improvements: See Work.

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

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

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

2.30         Minimum Square: See Building Square.

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

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

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

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

^{(Added 3/1/2005)}

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

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

2.37         Private Road: See Section 2.45(4).

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

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

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

2.41         Road: See Street.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.53         Town: The Town of Clinton.

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

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

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

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

SECTION 3

APPLICATION PROCEDURES AND APPROVAL PROCESS

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

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

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

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

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

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

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

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

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

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

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

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

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

3.6       Subdivisions Involving Inland Wetlands

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

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

3.7       Referrals and Review by Others

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

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

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

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

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

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