Each plan of subdivision shall conform to the
Zoning Regulations and to the following standards and requirements
in all respects. The examples shown under the following standards
are specific minimum requirements which must be fulfilled to constitute
conformity with the prescribed standard. However, conformity with
such minimum requirements shall not necessarily constitute conformity
with the prescribed standard.
A.
Affordable housing. An affordable housing development shall conform to Article VII of the Zoning Regulations and all other applicable standards and requirements of the Subdivision Regulations.
A.
The general layout and design of the plan of subdivision
shall, to the maximum possible extent, avoid large-scale changes in
existing land contours, watercourse locations and other natural features
of the terrain and landscape. Proposed building sites, roadway layouts
and related work shall blend harmoniously with such existing natural
features and shall preserve and utilize geologic and topographic terrain
variations to afford diversity and natural beauty among building sites
and their environs.
B.
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the layout and design:
(1)
Avoid cuts and fills and tree removal which increase
the potential for soil erosion by wind or water or which endanger
or disturb existing water resources;
(2)
Avoid relocation of existing watercourses;
(3)
Avoid filling or excavation of, or encroachment upon,
any streambelt designated on the Streambelt Map, wetlands, watercourses,
floodways or other land subject to potential flooding;
(4)
Avoid removal of large, isolated trees and substantial
portions of desirable woodlands or other vegetation;
(5)
Except where unavoidable to allow specific site regrading
or road construction, provide for preservation of all wetlands and
watercourses in their natural state and provide for the protection
thereof by land use controls appropriate to prevent excavation, filling
or other encroachment; and
(6)
Comply with Zoning or Inland Wetlands Regulations.
A.
The size, layout, location and design of the plan
of subdivision, including the road system, and the possible population
and building density and intensity of uses permissible under the existing
Zoning Regulations shall be in harmony with the municipal plan of
development, compatible with the existing neighboring land uses and
with reasonably expected future surrounding community development,
and coordinated with the capacity and adequacy of existing municipal
services and facilities.
B.
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the plan:
(1)
Provides for the connection of the subdivision road
system only with improved and surfaced public roads wherever such
system intersects with such roads;
(2)
Provides for the connection of the subdivision road
system with at least one public road within the Town;
(3)
Provides for a buffer area or other protective measure
or measures, wherever the plan area adjoins premises used or usable
for purposes dissimilar to the uses for which the plan is proposed,
effective to prevent or diminish any undue annoyance of the residents
or occupants of the plan area and/or the adjoining premises and to
screen residential properties from unsightly views;
(4)
Provides that each lot or part within the plan area
to be used for a building site has safe and convenient vehicular access
directly, or indirectly over subdivision roads, to and from an existing
public road;
(5)
Provides, with respect to any lot or part within the
plan area which adjoins a subdivision road or existing public road,
but which has access to a road, right-of-way, an abandoned Town road,
or easement other than a subdivision road or existing public road,
for the elimination through appropriate deed restrictions of all rights
of vehicular access to and from such lot or part to and from such
other road or right-of-way;
(6)
Provides for the installation of all necessary and
appropriate connection and distribution facilities for utilization
to serve all lots or parts of the plan area of any municipal sewer
system and/or any public water supply system if existing service facilities
with which connection can be made to such system are within 250 feet
of any boundary of the subdivision area; and
(7)
Provides for driveways not exceeding 12% gradient.
All portions of a driveway with a gradient greater than 10% shall
be paved.
(8)
Provides
that the parcel shall have not less than 50 feet of contiguous frontage
on a public street. The road serving the subdivision shall connect
with a public street through the required frontage.
[Added 12-16-2008]
A.
Lots or parts of the land to be used for building
sites shall be arranged and located in such a manner as to create
and preserve individual unique characteristics in each; to maximize
the environmental privacy of each; to provide each with safe and convenient
vehicular access directly, or indirectly over subdivision roads, to
and from an existing public road; and to avoid the use of land unsuitable
for occupancy by reason of soil character, groundwater table, shallow
depth to ledge rock, steep slopes, proximity to existing wetlands
or watercourses or other physical characteristics.
B.
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the lots or parts to be used for building sites:
(1)
Are of such shape, size and location and of such geologic
and topographic character that each can be used for building purposes
and human occupancy without endangering the health or safety of the
occupants of such site, the occupants of other sites within or without
the plan area, or the general public;
(2)
Are planned so as to make best use of the natural
terrain; to preserve substantial trees, woodlands, wetlands, watercourses,
prime agricultural lands, scenic areas, and other natural features
and resources; to preserve historic sites and structures and stone
walls and colonial roadways; and so as to be capable of use without
extensive regrading or vegetation removal which would increase the
potential for soil erosion or water sedimentation removal or which
would adversely affect the ability of the lot to accommodate necessary
on-site subsurface sewage disposal and/or water supply facilities;
(3)
Are of such shape, size and location and of such geologic
and topographic character that each can accommodate, without endangering
or disturbing any wetland or watercourse, a permitted principal building
with setbacks and off-street parking facilities required under the
Zoning Regulations, as well as any necessary on-site subsurface sewage
disposal system, with required reserve area, and water supply system,
both of which conform in design and function to the requirements of
the State Health Code and regulations enacted by the State Department
of Public Health thereunder, and to the requirements of any Town regulations
pertaining thereto;
[Amended 6-3-2008]
(4)
Are so arranged that the number of such lots or parts
to be used for building sites, which do not have at least 150 or at
least 200 feet contiguous frontage on a public road or subdivision
road, does not exceed 20% of the total number of such lots having
the required frontage (one lot without required frontage for every
five lots with required frontage), provided that:
(5)
Shall contain sufficient area so that the soil absorption
facility of any subsurface sewage disposal system serving the site
shall be located wholly within the boundaries of such lot or part
and shall not be located:
(a)
In any soil of a type specified in Class E in
Appendix A to these regulations,[1] regardless of the slope;
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
In any soil of a type specified in Appendix
A to these regulations if the slope of such soil exceeds 15% unless
effective corrective measures are proposed, such as the avoidance
of bedrock, provision of extra-large absorption area, the terracing
or reduction of steep slopes, the lowering of the groundwater table,
the installation of a mechanical or chemical effluent disposal device
approved by the Connecticut Department of Public Health or by other
means or facility which will safely and effectively dispose of effluent
in accordance with the requirements of the State Health Code; or
[Amended 6-3-2008]
(c)
More than 75 feet from the septic system reserve
area;
(6)
Are of such shape and size so that any dwelling and its associated
septic system shall be located within the minimum lot rectangle as
prescribed in the Zoning Regulations; and
[Amended 11-1-2016]
(7)
Are used for a single-family dwelling.
All proposed roads shall conform in all respects to the road criteria (Article VII) and the road construction standards (Article VIII) of the Road Regulations; all proposed drainage facilities shall conform in all respects to the drainage improvement criteria (Article IX) and drainage improvement construction standards (Article X) of said regulations, and the completion of both shall conform in all respects to the final grading, stabilization and landscaping criteria (Article XII) of said regulations, the provisions of which are incorporated herein by reference and made a part hereof. Furthermore, the layout, location and function of proposed roads shall be such as to minimize the amount of land to be used for roads; to provide for safe and convenient circulation for both present and reasonably predictable traffic flow; and to provide for safe and convenient intersection of proposed roads or road systems with existing public roads.
A.
Existing streets. In cases where a subdivision has frontage on or abuts an existing Town road and that road will serve as an access road to the subdivision, the Planning and Zoning Commission, upon the advice of the Town Engineer, shall determine whether the present condition of the road at the intersection to be created is adequate to provide safe and convenient traffic circulation and emergency access to the subdivision. This determination will be based on projected traffic volume, calculated at the rate of nine trips per day per lot. When the intersection is deemed inadequate to support projected traffic volume, the applicant shall submit a plan to make improvements and upgrade the intersection to the extent necessary to provide safe and convenient traffic circulation and emergency access to the subdivision. The plan shall be prepared by a registered professional engineer and include information required by § 480-40C of the Road Regulations. Upon approval of the application for subdivision, the intersection shall be upgraded in accordance with the approved plan. The applicant shall share in the costs of upgrading to a maximum of 75%. The improvements to the intersection shall be completed before any lot or part of the subdivision is offered for sale or building development.
[Added 12-16-2008[1]]
B.
Unimproved Town roads. In cases where a subdivision has frontage on or abuts an unimproved Town road and that road will serve as an access road to the subdivision, the Planning and Zoning Commission shall determine whether the present condition of the road is adequate to provide safe and convenient traffic circulation and emergency access to the subdivision. This determination will be based on projected traffic volume, calculated at the rate of nine trips per day per lot. When the unimproved road is deemed inadequate to support projected traffic volume, the applicant shall submit a plan to upgrade the road to the extent necessary to provide safe and convenient traffic circulation and emergency access to the subdivision. The plan shall be prepared by a registered professional engineer and include information required by § 480-9 of the Road Regulations. Upon approval of the application for subdivision, the road shall be upgraded in accordance with the approved plan. The applicant shall share in the costs of upgrading to a maximum of 75%. The improvements to the road shall be completed before any lot or part of the subdivision is offered for sale or building development.
C.
Examples. A plan shall not be considered to meet the
standard prescribed in this section unless the layout, location and
function of proposed roads:
(1)
Provide for safe and convenient access directly or
indirectly over subdivision roads to and from an existing public road
for each lot or part to be used for a building site;
(2)
Follow, wherever possible, the general contour of
the land and shall have a location and grade which preserves natural
terrain, large isolated trees, desirable woodland, vegetation and
other natural features and amenities of the land and historic sites
and structures and stone walls and colonial roadways; and
(3)
Shall not create any permanent dead-end road (permanent cul-de-sac) which is over 1,000 feet in length. For purpose of this requirement, any road length which does not connect directly, or indirectly over other roads (whether within the subdivision area or the area of another subdivision), at both ends with an existing public road shall be considered to be a permanent dead-end road. A permanent dead-end road may be extended, provided that the extension is constructed in accordance with these regulations and the Road Regulations and the extension connects with another existing public road. The length of a road for the purpose of this Subsection C(3) shall be measured, without regard to road names, from the point of intersection with a road which is not a dead-end road and thence along the center line of the length to the center of the furthest turnaround from said point of intersection.
D.
Special private road provision. For subdivisions which
otherwise conform to the Zoning and Subdivision Regulations, street
construction standards of the Town of Killingworth may be modified
if the Commission finds that the following conditions are met:
(1)
The tract to be subdivided shall contain provisions
for no more than eight lots;
(2)
All lots, including rear lots, having frontage on the private road shall conform to the standards of § 500-44 of the Zoning Regulations and shall be at least four-acre equivalent minimum buildable lot area;
(3)
Streets within the subdivision shall be owned in fee
by an association of lot owners incorporated under the laws of Connecticut.
The instrument of association shall be in form and language approved
by the Commission and Town Counsel and shall contain at least the
following provisions:
(a)
The power to levy assessments against the owners
of lots within the subdivision enforceable by lien; and
(b)
Covenants to maintain the street in good and
safe condition, to make all required repairs and to undertake snow
plowing, refuse collection, or other services, at no expense or burden
to the Town of Killingworth. Said covenants shall be expressly enforceable
by the Town as a third party beneficiary;
(4)
The applicant or owner of the land to be subdivided
shall include in the deed to each lot a statement that the street
is not constructed in accordance with the road criteria and construction
standards prescribed by the Town of Killingworth as a public way and
is not a Town road or Town-maintained road;
(5)
The site development plan shall include the dedicatory language of the common properties to the association in addition to the requirements of § 485-12B of these regulations;
(6)
Subdivision roads shall be constructed in accordance
with good engineering practice and shall meet at least the following
standards:
(b)
Width. The right-of-way shall be at least 50
feet;
[Amended 5-18-2004]
(c)
Pavement specifications. The minimum surface
specification shall be at least 20 feet in width run-of-the-bank gravel,
or its equivalent, compacted in six-inch layers on a bed of undisturbed
inorganic gravel or rock; all topsoil, peat, or organic material shall
be removed from below the pavement;
(d)
In sloping areas, gravel pavement shall be crowned
with adequate stable drainage ditches provided at both sides of the
roadways; in areas of severe erosion potential, oiled paving and catch
basins may be required;
(e)
Surety. The Commission may require the developer
to post satisfactory surety to sufficiently cover the estimated cost
of said private road;
(f)
Applicable sections of the Town's Road Regulations
shall apply to roads in the subdivision, such as grade, sight distance,
intersection, horizontal alignment, storm drainage and construction
standards;
(g)
The total of all private dead-end streets shall
not be longer than 1,000 feet from the nearest intersection having
more than one outlet; and
(h)
Either a gate or other obstruction effectively
barring the public from using such road, or a conspicuous sign, facing
the Town road, clearly stating in bold letters that such road is a
private way and is not open to the public shall be erected and maintained
at all intersections with any Town road; and
(7)
Developer shall provide easements for electric or telephone service along any private road constructed under the provisions of this section in form or language approved by the Commission and Town Counsel to service all lots in the proposed subdivision; a notation shall be placed on the record subdivision map that it may be the responsibility of individual lot owners to provide electric or telephone services at their own expense along said private road if provision for such service is not made by the developer or required by the instrument of association referred to in Subsection D(3) of this section.
E.
Boundary
markers and monuments. Monuments and pins shall be installed in accordance
with the following requirements:
[Added 8-2-2011]
(1)
Permanent
monuments. Permanent monuments shall be installed at all points of
change in direction or curvature of new streets and at other points
as shown on the final plans, and where in the judgment of the Commission,
permanent monuments are necessary. These monuments shall be installed
along the line separating the street right-of-way and the adjoining
property. Granite or concrete monuments at least 36 inches in length,
dressed to at least four inches square at the top and with a cross
or a three-eighths-inch hole drilled to a depth of 1/2 inch in the
center of the top shall be set to a height of four inches above the
finish grade. In cases where large boulders, surface ledge, or stone
walls are present, a three-inch long five-eighths-inch diameter pin
inserted in a rock may be substituted for the monuments. No permanent
monuments shall be installed until all construction that could destroy
or disturb the monuments has been completed. In the event that any
monument is destroyed or disturbed during construction of subdivision
improvements, the monument shall be replaced or repositioned prior
to release of the subdivision construction bond.
(2)
Lot
markers. Pins (five-eighths-inch steel reinforcing bar) shall be installed
at all four corners of all lots and at all major changes in direction.
The applicant shall install thirty-six-inch permanent pin markers
set at grade. During construction, it is permissible to use temporary
surveyor’s stakes or pin markers to delineate boundaries.
(3)
Open
space markers. Monuments or permanent pins shall be installed at all
corners and at intervals no greater than 600 feet along the boundaries
of all open space parcels. Rights-of-way to open space parcels which
are 50 feet in width or less shall be marked at intervals no greater
than 100 feet.
(4)
Driveway
access markers. Driveway access strips for all rear lots shall be
marked with permanent pins on both sides at intervals of not more
than 100 feet for the length of the access strip.
(5)
Certification
of installation. The accurate placement and location of markers and
monuments shall be certified by a licensed land surveyor and the cost
of such shall be included in the construction bond. In subdivisions
where property markers are the only “improvement,” the
applicant may choose to have the markers installed prior to filing
the subdivision plan in lieu of posting a bond.
(6)
Certification
of roadway right-of-way monumentation. A letter of certification from
a licensed land surveyor stating that the roadway right-of-way monumentation
has been set to A-2 precision is required as a prerequisite to road
acceptance by the Town.
A.
CERTIFICATION
COMMISSION
COUNTY SOIL AND WATER CONSERVATION DISTRICT
DEVELOPMENT
DISTURBED AREA
EROSION
GRADING
INSPECTION
SEDIMENT
SOIL
SOIL EROSION AND SEDIMENT CONTROL PLAN
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A signed, written approval by the Killingworth Planning and
Zoning Commission or its designated agent or the Middlesex County
Soil and Water Conservation District that a soil erosion and sediment
control plan complies with the applicable requirements of these regulations.
The Planning and Zoning Commission of the Town of Killingworth.
The Middlesex County Soil and Water Conservation District
established under Subsection (a) of § 22a-315 of the Connecticut
General Statutes.
Any construction or grading activities to improved or unimproved
real estate.
An area where the ground cover is destroyed or removed leaving
the land subject to accelerated erosion.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Any excavating, grubbing, filling (including hydraulic fill)
or stockpiling of earth materials or any combination thereof, including
the land in its excavated or filled condition.
The periodic review of sediment and erosion control measures
shown on the certified plan.
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
Any unconsolidated mineral or organic material of any origin.
A scheme that minimizes soil erosion and sedimentation resulting
from development and includes, but is not limited to, a map and narrative.
B.
Activities requiring a certified erosion and sediment
control plan. A soil erosion and sediment control plan shall be submitted
with any application for development when the disturbed area of such
development is cumulatively more than 1/2 acre.
C.
Exemptions. Excavation for the foundation for a single-family
dwelling that is not part of a subdivision of land shall be exempt
from these soil erosion and sediment control requirements.
D.
Erosion and sediment control plan.
(1)
To be eligible for certification, a soil erosion and
sediment control plan shall contain proper provisions to adequately
control accelerated erosion and sedimentation and reduce the danger
from stormwater 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 (1985), as amended. Alternate principles, methods and practices
may be used with prior approval of the Commission.
(2)
Said plan shall contain, but not be limited to:
(a)
A narrative describing:
[1]
The development or activity;
[2]
The schedule for grading and construction activities,
including:
[3]
The design criteria for proposed soil erosion
and sediment control measures and stormwater management facilities;
[4]
The construction details for proposed soil erosion
and sediment control measures and stormwater management facilities;
[5]
The installation and/or application procedures
for proposed soil erosion and sediment control measures and stormwater
management facilities; and
[6]
The operations and maintenance program for proposed
soil erosion and sediment control measures and stormwater management
facilities.
(b)
A site plan map at a sufficient scale to show:
[1]
The location of the proposed development and
adjacent properties;
[2]
The existing and proposed topography, including
soil types, wetlands, watercourses and water bodies;
[3]
The existing structures on the project site,
if any;
[4]
The proposed area alterations, including cleared,
excavated, filled or graded areas and proposed structures, utilities,
roads and, if applicable, new property lines;
[5]
The location of and design details for all proposed
soil erosion and sediment control measures and stormwater management
facilities;
[6]
The sequence of grading and construction activities;
[7]
The sequence for installation and/or application
of soil erosion and sediment control measures; and
[8]
The sequence for final stabilization of the
development site.
(c)
Any other information deemed necessary and appropriate
by the applicant or requested by the Commission or its designated
agent.
E.
Minimum acceptable standards.
(1)
Plans for soil erosion and sediment control 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 (1985), as amended. Soil erosion
and sediment control plans shall result in a development that minimizes
erosion and sedimentation during construction, is stabilized and protected
from erosion when completed, and 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 (1985), as amended. The Commission (or the County Soil and
Water Conservation District) may grant exceptions when requested by
the applicant if technically sound reasons are presented.
(3)
The appropriate method from Chapter 9 of the Connecticut
Guidelines for Soil Erosion and Sediment Control (1985), as amended,
shall be used in determining peak flow rates and volumes of runoff
unless an alternative method is approved by the Commission.
F.
Issuance or denial of certification.
(1)
The Planning and Zoning Commission (its designated
agent or the Middlesex County Soil and Water Conservation District)
shall either certify that the soil erosion and sediment control plan,
as filed, complies with the requirements and objectives of this regulation
or deny certification when the development proposal does not comply
with these regulations.
(2)
Nothing in these regulations shall be construed as
extending the time limits for the approval of any application under
Chapter 124, 124A or 126 of the Connecticut General Statutes.
(3)
Prior to certification, any plan submitted to the
municipality may be reviewed by the County Soil and Water Conservation
District, which may make recommendations concerning such plan, provided
that such review shall be completed within 30 days of the receipt
of such plan.
(4)
The Commission may forward a copy of the development
proposal to the Conservation Commission or other review agency or
consultant for review and comment.
G.
Conditions relating to soil erosion and sediment control.
(1)
The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under § 485-26 of these regulations.
(2)
Site development shall not begin unless the soil erosion
and sediment control plan is certified and those control measures
and facilities in the plan scheduled for installation prior to site
development are installed and functional.
(3)
Planned soil erosion and sediment control measures
and facilities shall be installed as scheduled according to the certified
plan.
(4)
All control measures and facilities shall be maintained
in effective condition to ensure the compliance of the certified plan.
H.
Inspection. 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.
Each plan of subdivision of a tract or parcel
of land, the subdivision area of which exceeds 20 acres, shall provide
for the dedication of an area of land within the subdivision area
to one or more of the following open space uses, or natural areas
preserved and protected in their natural state:
A.
Area. The minimum aggregate area of the land to be
dedicated hereunder shall be not less than 15% of the subdivision
area, except that the Commission may approve a reduction of such minimum
aggregate area upon the request of the applicant. Such request shall
be made in writing as a part of the application, and the map, plans
and other information in support of the application may be submitted
as if such request will be granted. The Commission shall act upon
such request within 21 days after submission of the application and
shall send written notice of its decision to the applicant.
(1)
In deciding any such request, the Commission shall
consider, in the light of the size, layout, location and design of
the plan of subdivision, including the possible population and building
density and intensity of uses permissible under the existing Zoning
Regulations, and the availability of land dedicated to open space
uses in the vicinity of the proposed subdivision, the following purposes
for which dedication of open space is required hereunder:
(a)
To preserve the rural character and maintain
the scenic appearance of Killingworth by retaining natural open space
areas where they are most visible from public roads, including buffer
strips along roadways, ridge-tops, visual corridors, and vistas;
(b)
To maintain and enhance the conservation of
natural or scenic resources and wildlife, including unusual topography
and ledge outcroppings, wetlands and watercourses, streams, aquifers,
wildlife habitats, mature tree specimens and rare and unusual tree
stands, and the retention of natural drainageways;
(c)
To enhance the value to the public of abutting
or neighboring parks, forests, wildlife preserves, nature reservations
or sanctuaries, greenways, or other open spaces;
(d)
To enhance public recreation opportunities by
providing parks, playgrounds, hiking trails, and bicycle trails;
(e)
To preserve historic and cultural resources
in an appropriate setting, including historic and archaeological sites,
stones walls, cemeteries, colonial roads, and the like;
(f)
To promote orderly suburban development, accomplish
a more desirable environment for living, and counteract the effects
of urban congestion and monotony; and
(g)
To promote the public health, safety, and welfare
of the people residing within the subdivision and to aid in the preservation
of property values.
B.
Character. The open space area shall meet the purposes described in Subsection A. The open space area may include wetlands, floodplains, steep slopes, old-growth woodlands, historic sites, stone walls, colonial roads, wildlife habitats, prime farmland, ridge-tops, and scenic views. Each such area of open space shall be of such shape, size, and location and of such geologic and topographic character that each can be safely and conveniently reached and used for the purposes for which it is dedicated. Any such area to be open for the use and enjoyment of the general public shall be so located as to be safely and conveniently accessible, and in harmony with similar areas of any existing or possible subdivisions or other sections of the Town adjoining the subdivision area. Open space areas shall meet the following conditions:
(1)
The area of open space shall consist of a single parcel
of contiguous land.
(2)
The boundaries of the area of open space shall not
be excessive in number and shall be marked by monuments or set iron
pins.
(3)
The area of open space shall be contiguous with any
existing areas of open space, park, or public land in adjacent parcels
of land in order to create an interconnected system of greenways and
open space.
(4)
The area of open space shall have frontage not less
than 25 feet in width on a public road or subdivision road. The Commission
may require that proper pedestrian or vehicular access be provided
for open space areas.
(5)
House sites and roads in the subdivision shall be
located so as to be in harmony with protected open space areas.
(6)
Land to be provided as open space for the purpose
of preservation and protection of wildlife and natural or scenic resources
shall be left in a natural state.
(7)
Except for any improvement or maintenance as may be
expressly permitted or required by the Commission, open space areas
dedicated for the purpose of preservation and protection of wildlife
and natural or scenic resources shall not be graded, cleared, or used
as a repository for brush, stumps, earth, building materials, or debris;
the contours of open space areas may not be altered; flora or earth
products may not be removed from open space areas; and open space
areas may not be used for construction of any structure, sign, fence
or other improvement.
(8)
The Commission may require that any land to be dedicated
for the purpose of recreational use be cleared of brush, trees, and
debris, be graded and seeded, have proper pedestrian or vehicular
access provided, and be otherwise improved so the land is left in
a condition appropriate to the intended use.
C.
Dedication. Permanent dedication of each such area of open space shall be accomplished either by conveyance of the fee interest therein to the Town, creation of a conservation restriction in favor of the Town, conveyance of the fee interest to an exempt organization approved by the Commission, creation of a conservation restriction in favor of an exempt organization approved by the Commission, or any other method which accomplishes permanent dedication in accordance with the requirements set forth in Subsection I. The method of dedication is subject to the approval of the Commission. The applicant shall submit to the Commission a written statement from the organization to which open space is to be dedicated agreeing to accept the open space. Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
[Amended 11-1-2016]
D.
Conveyance of fee to Town. Where dedication of such
open space is to be made by conveyance of the fee interest therein
to the Town, such conveyance shall be by a warranty deed which shall
contain a restrictive covenant or covenants, running with the land
and burdening the premises in perpetuity, prohibiting the use of the
premises for any purpose other than the one or more of the open space
uses prescribed in this section. Good and marketable title to the
premises, free of all encumbrances or defects, shall be conveyed to
the Town and recorded in the office of the Town Clerk prior to endorsement
of the record subdivision map by the Commission.
E.
Conservation restriction in favor of Town. Where dedication
of such open space is to be accomplished by the creation therein of
a conservation restriction in favor of the Town, such conservation
restriction shall be created by a conveyance or instrument of declaration,
running with the land and burdening the premises, which shall contain
a prohibition or prohibitions against any use thereof other than for
one or more of the open space purposes referred to in this section.
The owner may retain the fee interest in the premises and all incidents
of ownership therein not inconsistent with the accomplishment of the
purposes for which such premises are dedicated. The right to construct
any structure, sign, fence or other improvement thereon, to alter
the contours thereof or to remove flora or earth products therefrom
is hereby declared inconsistent therewith. Indefeasible rights under
such conservation restriction shall be vested in the Town and shall
be created and recorded in the office of the Town Clerk prior to endorsement
of the record subdivision map by the Commission.
F.
Conveyance of fee to exempt organization. Where dedication
of any such open space is to be accomplished by conveyance of the
fee interest therein to an exempt organization approved by the Commission,
such conveyance shall be by a warranty deed which shall contain a
restrictive covenant or covenants, running with the land and burdening
the premises in perpetuity, prohibiting the use of the premises for
any purpose other than one or more of the open space uses prescribed
in this section. Good and marketable title to the premises, free of
all encumbrances or defects, shall be conveyed to the exempt organization
and recorded in the office of the Town Clerk prior to endorsement
of the record subdivision map by the Commission.
G.
Creation of a conservation restriction in favor of
exempt organization. Where dedication of such open space is to be
accomplished by the creation therein of a conservation restriction
in favor of an exempt organization approved by the Commission, such
conservation restriction shall be created by a conveyance or instrument
of declaration, running with the land and burdening the premises,
which shall contain a prohibition or prohibitions against any use
thereof other than for one or more of the open space purposes referred
to in this section. The owner may retain the fee interest in the premises
and all incidents of ownership therein not inconsistent with the accomplishment
of the purposes for which such premises are dedicated. The right to
construct any structure, sign, fence or other improvement thereon,
to alter the contours thereof or to remove flora or earth products
therefrom is hereby declared inconsistent therewith. Indefeasible
rights under such conservation restriction shall be vested in such
exempt organization and shall be created and recorded in the office
of the Town Clerk prior to endorsement of the record subdivision map
by the Commission.
[Amended 5-18-2004]
H.
Other method. Where dedication of such open space is to be accomplished by a method other than those specified in Subsections D through G, such method shall involve the creation and recordation on the Town land records of a covenant and/or restriction, running with the land and burdening the premises in perpetuity, prohibiting the use of the premises for any purpose other than one or more of the open space uses prescribed in this section. All elements of the method of dedication shall be subject to the approval of the Commission. Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
I.
General. When any method of dedication, other than the method specified in Subsection D (deed to Town) or Subsection E (conservation restriction in favor of Town), of such open space is used, the deed, declaration or other instrument imposing the covenants and/or restrictions hereinbefore prescribed shall also provide that:
(1)
All such covenants and/or restrictions shall be binding
upon and inure to the benefit of all present and future owners of
the land within the subdivision area;
(2)
Such covenants and/or restrictions shall not be affected
by any change in the zoning or other land use regulations;
(3)
Such covenants and/or restrictions may be enforced
by each present and future owner of land within the subdivision area
and also by the Town by appropriate action in court for damages or
for affirmative or negative equitable relief;
(4)
Insurance protection, in such amount and with such
insurance company or companies as shall be satisfactory to the chief
executive officer of the Town, shall be maintained against the risk
of liability for personal injury or property damage arising upon or
by reason of the use of such open space area;
(5)
The rights and duties created by such covenants and/or
restrictions shall not in any way be modified or amended without the
prior written approval of the chief executive officer of the Town
then in office and the Chairman of the Commission then in office authorized
by resolution of such Commission;
(6)
If at any time maintenance, preservation and/or use
of such open space area shall not comply with or fulfill the provisions
of such covenants and/or restrictions, the Town may, at its election,
take any and all such action as may be necessary or appropriate to
assure or enforce compliance and to assess against the owners of land
within the subdivision area, either jointly or severally, all costs
incurred by the Town for such purposes;
(7)
If at any time any organization to which open space is dedicated shall cease to exist, ownership of the open space shall revert to the Town of Killingworth. The open space shall be conveyed to another organization as described in Subsection C and determined by the Planning and Zoning Commission; and
(8)
Any instrument or conveyance of open space or any
conservation easements or other open space covenants and restrictions
shall be subject to the approval of the Commission and Town Counsel
in form and content. After approval, said document shall be recorded
in the office of the Town Clerk.
J.
Deeds. When any method of dedication of any such open
space is used under which it is not to be open for the use and enjoyment
of the general public, each instrument of conveyance of a lot or part
of the subdivision area shall contain a grant of a permanent and perpetual
easement, running with the land, of use of all dedicated areas within
the subdivision area in a manner consistent with the nature and purpose
of such dedication.
Each plan of subdivision shall provide for the
establishment of encroachment lines along all rivers, streams, brooks
or other moving watercourses, and their associated streambelt areas
and floodplains, located within the plan area that function as a part
of the natural drainage system, beyond which, in the direction of
the watercourse, no permanent obstruction, encroachment or diversion
shall be made unless authorized by the Commission. The encroachment
lines shall be established along the predicted high-water lines that
would result from a design streamflow expected to occur on an average
of once in 100 years (one-hundred-year flood).
A.
When such a natural watercourse exists within the
boundaries of the plan area, the applicant shall submit a report,
prepared by an engineer licensed to practice in the State of Connecticut
and experienced in hydrology and hydraulics, setting forth the method
and calculations used to establish the location of the encroachment
lines.
B.
Where it is proposed to build on, fill, excavate or
otherwise improve land within the established encroachment lines,
it will be the responsibility of the applicant to demonstrate, by
submission of evidence based on sound engineering calculations, that
such improvements will not cause danger to life or adversely affect
other property owners in times of high flows and will not conflict
with the requirements and regulations of the National Flood Insurance
Act and Program and such Town ordinances, rules and regulations adopted
in support of such Act or Program.
C.
No building shall be erected on any site within the
encroachment line unless the lowest floor elevation (including basement)
and the lowest point of any part of the soil absorption facility of
any on-site subsurface sewage disposal system is at least one foot
above the one-hundred-year predicted flood elevation.
D.
The Commission shall determine the adequacy of the
proposed encroachment lines, and shall base any decision on allowing
improvements to take place within the encroachment lines as approved
by the Commission, on considerations of:
(1)
The capacity of the watercourse to carry and store
design floodwaters;
(2)
The effect of any proposed improvement within the
encroachment lines on the flood height of the design storm and the
degree to which lives and property could be endangered by such encroachment;
and
(3)
Conflict of any proposed encroachment with applicable
requirements and regulations of the National Flood Insurance Act and
Program and any Town ordinances, rules and regulations adopted in
support of said Act and Program.
E.
The encroachment lines, as approved by the Commission,
shall be shown on the record subdivision map and a note shall be placed
on said map explaining the encroachment lines and stating the restrictions
against encroachment.
F.
Any debris or other obstruction which could impede
the flow of floodwaters from within the approved encroachment lines
shown on the record subdivision map shall be cleared as a part of
the work.
The plan of subdivision shall conform to the
following requirements:
A.
Street trees. Street trees shall be planted approximately
50 feet apart on both sides of any road, subject to variations made
necessary by driveways, road corners and walks; such trees shall not
be located within three feet of the edge of the pavement. Trees to
be planted shall be at least 1 3/4 inches in diameter at breast
high and shall have a minimum height of 10 feet. The species of trees
shall be subject to the approval of the Commission. Where trees may
interfere with utility poles and wires, the Commission may permit
the location of required trees within the front 10 feet of the proposed
lots. Existing trees along the proposed road which conform to these
requirements may be substituted for new trees at the discretion of
the Commission.
B.
Underground utility lines. New electric and telephone
wires shall be installed underground unless the Commission determines,
based on a written report submitted by the applicant, that such underground
installation is inappropriate or unfeasible for all or part of the
subdivision. In making such determination, the Commission shall take
into account the type of service existing in the area adjacent to
the subdivision, topographic and construction conditions, and the
size of the subdivision. Wherever possible, such underground utilities
shall not be located under the road pavement.
C.
Easements. Perpetual and permanent easements, running
with the land and burdening the premises in perpetuity, for access
to, and use of, land for a road and associated work shall be granted
or obtained and shown on the record subdivision map, with adequate
survey information, so that the land subject to easement may be accurately
located by field survey, as necessary or appropriate for:
(1)
Access to bridges and culverts with construction and
maintenance equipment;
(2)
Stormwater pipes, water mains and sanitary sewers
and appurtenances, which easements shall not be less than 20 feet
in width;
(3)
Easements for grading, maintaining and repairing roadway
slopes;
(4)
Sight easements across corners of lots at intersections
to assure safe line of sight on the road; and
(5)
Easements at least 10 feet in width for pedestrianways
to parks, playgrounds, schools and other public or semipublic places
where the road system does not conform to a convenient pattern of
pedestrian circulation.
If any part of the subdivision area is located
within the special flood hazard area, the plan of subdivision shall
conform to the following requirements:
A.
Design. The general layout and design of the plan
of subdivision shall be consistent with the need to minimize flood
damage;
B.
Utilities. All public utilities and facilities, such
as sewer, gas, electrical and water systems, shall be located and
constructed to minimize or eliminate flood damage;
C.
Drainage systems. Adequate drainage systems shall
be provided to reduce exposure to flood hazards; and
D.
Base flood elevation data. Base flood elevation data
shall be provided for that portion of the plan area within the special
flood hazard area.
In order to preserve archaeological and historic sites in the Town of Killingworth, the applicant shall submit a plan for the protection of historical, archaeological, and other unusual features shown under § 485-39C(14). The plan shall describe procedures to identify, protect, preserve, or properly remove the features. A plan shall also be submitted should any of the features in § 485-39C(14) be uncovered during work or construction.
A.
Plan. The plan shall be undertaken by the applicant
and should include the following:
(1)
Identification of any historical, archaeological, and other unusual features shown under § 485-39C(14);
(2)
An evaluation of the impact of the development on
the subject sites and features; and
(3)
A description of measures to be taken to mitigate
any adverse impact of the development on the site and to protect and
preserve the sites and features; these measures may include inclusion
of the site in land dedicated to open space; conservation easements;
locating roads, buildings, excavations or other improvements so as
to minimize impact on sites; restoration of historic structures; or
proper removal to an appropriate location.
B.
Where it is found that the project will adversely
impact a historically or archaeologically sensitive area or feature,
the Commission shall not approve the project unless:
(1)
Provision has been made by the applicant for a more
intensive investigation to be conducted by qualified professionals,
such as a professional archaeologist, professional historian, or Office
of State Archaeology, approved by the Commission; and/or
(2)
The proposed project has been otherwise revised or
modified to protect historic and archaeological sites and to mitigate
adverse impacts.
[Added 12-16-2008]
In order to preserve the wooded nature of the Town of Killingworth, provide protection for this resource by minimizing the loss of trees from development, and to reduce stormwater runoff, the applicant shall submit a plan for the protection of specimen trees and significant trees shown under § 485-39C(5). The plan shall describe procedures to identify, protect, and preserve specimen and significant trees.
A.
Plan. The plan shall be undertaken by the applicant and include the
following:
(1)
Identification of any specimen trees and significant trees shown under § 485-39C(5). In the case of parcels over five acres, the applicant may designate on the plans a portion of the parcel as containing specimen or significant trees rather than locating individual trees.
(2)
An evaluation of the impact of the development on the subject
trees.
(3)
A description of measures to be taken to mitigate any adverse
impact of the development on the trees and to preserve the trees.
B.
Provisions. Where it is found that the project will adversely impact
specimen trees or significant trees, the Commission shall not approve
the subdivision unless:
(1)
Provision has been made by the applicant for a more intensive
site investigation by qualified professionals, such as a professional
arborist approved by the Commission; and/or
(2)
The proposed project has been otherwise revised or modified
to protect specimen and significant trees and to mitigate adverse
impacts.
C.
Procedures.
(1)
All reasonable efforts shall be made to preserve specimen trees
and significant trees, including, but not limited to, relocation of
planned and/or proposed infrastructure, driveways, and buildings.
(2)
If the applicant proposes to remove any specimen or significant
trees, the applicant shall demonstrate to the Commission's satisfaction
that there is no reasonable alternative to the removal of the trees.
(3)
In approving the removal of specimen or significant trees, the
Commission may require the applicant to plant additional trees with
a minimum caliper of 2 1/2 inches and a minimum height of eight
feet.
(4)
No more than 25% of the area within the dripline of the significant
and specimen trees shall be disturbed or covered with an impervious
surface. Any disturbed area or impervious surface shall be at least
three feet from the tree trunk.
(5)
Protection of specimen and significant trees during construction.
(a)
The area surrounding all specimen and significant trees that
are within the construction area and are to be preserved shall be
clearly marked prior to the start of any construction activities.
(b)
The area within the dripline of the trees to be preserved shall
remain free of all building materials, fill, debris, and vehicles.
(6)
Long-term protection of specimen and significant trees. For
trees that are to be preserved, tree wells and/or tree walls shall
be provided to prevent changes in grade of more than six inches within
the dripline of the trees.
(7)
Emergencies. In the event that a specimen tree or significant
tree that is shown on an approved plan as being preserved poses a
serious and imminent threat to public safety due to death, disease,
or damage resulting from a natural or man-made disaster, the Commission
may authorize the removal of the tree.
(8)
Preapplication clearing or stone wall removal. If clearing or
harvesting of significant trees has taken place within two years prior
to application for subdivision or resubdivision, the Commission may
require the applicant to plant an equal number of trees with a minimum
caliper of 4 1/2 inches and a minimum height of 12 feet in areas
to be specified by the Commission. Similarly, if stone walls are removed
from a property within two years prior to application for any permit
under these regulations, the Commission may require the applicant
to construct new stone walls equal to the length of the stone walls
removed.
[Added 11-1-2016]
[Added 8-2-2011]
A.
Purpose and authority.
(1)
Increased development without proper consideration of stormwater
impacts can be a significant source of pollution to Long Island Sound,
its tributaries, and other waters of valuable natural, economic, recreational,
cultural and aesthetic resources. The protection and preservation
of these waters is in the public interest and is essential to the
health, welfare and safety of the citizens of the Town. It is, therefore,
the purpose of this section to protect and preserve the waters within
the Town of Killingworth from nonpoint sources of pollution through
the proper management of stormwater flows and minimization of pollutants
as defined by the "2004 Connecticut Stormwater Quality Manual" prepared
by the Connecticut Department of Environmental Protection, as it may
be amended (hereafter referred to as the CT Stormwater Quality Manual).
(2)
The intent of the regulations is to set forth stormwater management
plan requirements, including design practices and technical standards,
to be incorporated in the planning, design, construction and maintenance
of development proposals, redevelopment proposals and other activities
that change the land's surface and alter hydrologic conditions resulting
in pollution and adverse impacts to the surface water, groundwater
and other natural resources of the Town of Killingworth.
B.
Applicability. No person shall submit a special permit, subdivision,
or resubdivision application without including a stormwater management
plan that will control or manage runoff from the land, except as provided
within this section. Furthermore, upon application for a certificate
of zoning compliance the Commission may require that a stormwater
management plan be prepared, all or in part, as provided within this
section when it has been determined that the development of the single-family
dwelling may have an adverse impact on stormwater quality.
C.
Contents of stormwater management plan.
(1)
Stormwater management plans shall include a narrative of the
objectives of the plan including the impacts resulting from the proposal
or activity and a description of the practices, techniques, structures
and facilities proposed to mitigate such impacts. The plan shall provide
the following information and be prepared by an engineer licensed
to practice in the State of Connecticut:
(a)
Soil characteristics based on site testing.
(b)
Location of the closest surface water bodies and wetlands to
which drainage might be directed, and the depth to groundwater. Identification
of Flood Hazard Boundaries as represented on Killingworth's Flood
Insurance Rate Map (FIRM).
(c)
A description of design methodologies and computer models used,
and hydrologic, hydraulic, sizing and water quality design computations
for all practices and techniques, and structures and facilities. In
general, this information should be submitted in accordance with the
hydrologic and hydraulic design and analysis documentation requirements
of the Connecticut Department of Transportation Drainage Manual. The
design of all stormwater treatment practices shall be in accordance
with the recommendations of the CT Stormwater Quality Manual.
(d)
Drawings including plan views, profiles, sections, and typical
details of all stormwater management system components at adequate
scale(s) and containing sufficient detail to clearly depict the intent
of the design details of construction and/or installation, dimensions
and materials including planting and landscape plans and details associated
with stormwater management system components.
(e)
Structural design, geotechnical design and supporting information,
as required by the Town Engineer for certain stormwater management
system components, including storm sewers, channels, outlet protection
measures, culverts, bridges, dams, spillways, outlet works, retention
or detention measures, and other structures.
(f)
Location of all easements stating the specific responsibilities
of the grantor and grantee as the access and maintenance of the stormwater
system.
(g)
Proposed maintenance and operation manual or schedule for any
best management practices (BMP) devices used to prevent pollution
or treat stormwater.
(2)
Upon written request of the applicant, the Commission may waive
any part of this required information upon a finding that such information
is not necessary to make a determination of the plan's compliance
with the standards and criteria for decision.
D.
Standards and criteria for decision. No stormwater management plan
may be approved without a finding that the plan is consistent with
the CT Stormwater Quality Manual and the following criteria;
(1)
Design and planning for site development shall provide for minimal
disturbance of predevelopment natural hydrologic conditions, and shall
reproduce such conditions after completion of the proposed activity,
to the maximum extent feasible as determined by the Town Engineer
in accordance with the CT Stormwater Quality Manual.
(2)
Pollutants shall be controlled at their source to the maximum
extent feasible in order to contain and minimize contamination. Methods
include but are not limited to sweeping of pavements, especially in
the early spring, the use of sediment basins prior to infiltration
and encouragement of sheet flow to filter strips. Snow removal should
be placed on a site that will not cause pollution as defined in this
section.
(3)
All stormwater management systems shall be designed and maintained
to manage site runoff in order to eliminate surface and groundwater
pollution, prevent flooding and, where required, control peak discharges
and provide pollution treatment.
(4)
All stormwater management systems shall be designed to collect,
retain and treat the first inch of rain on site, so as to trap floating
material, oil and litter. On-site storage methods include but are
not limited to landscaped depressions, grass swales, infiltration
trenches and retention or detention basins.
(5)
Stormwater runoff rates and volumes shall be controlled by slowing
runoff velocities and infiltration. BMP methods for controlling runoff
and infiltration shall be in accordance with the CT Stormwater Quality
Manual. Stormwater management plans must demonstrate as close to a
zero increase in runoff for the two-, ten-, twenty-five-, fifty-,
and one-hundred-year design storms as compared to predevelopment conditions
as is practicably possible based on site soil conditions.
(6)
All stormwater treatment systems shall be employed where necessary
to ensure that the average annual loadings of total suspended solids
following the completion of the proposed activity at the site are
no greater than such loadings prior to the proposed activity. Alternatively,
stormwater treatment systems shall remove 80% of total suspended solids
from the site on an average annual basis.
