These regulations are the "Subdivision Regulations of the Town of Orange,
Connecticut," authorized to be adopted by the Town Plan and Zoning Commission
under the provisions of Chapter 126 of the Connecticut General Statutes (Sec.
8-25, CGS), and are hereinafter referred to as the "Regulations."
These Regulations apply to the subdivision of land within the Town of
Orange, Connecticut. Any subdivision of land within the Town shall conform
to these Regulations. No subdivision of land shall be made by any person,
firm or corporation until a plan of the subdivision has been:
A.Â
Submitted to and approved by the Town Plan and Zoning
Commission;
B.Â
Endorsed by the Commission as approved; and
C.Â
Filed in the office of the Orange Town Clerk.
D.Â
Moratorium on residential subdivisions.
[Added 5-28-2003 [1]]
(1)Â
Effective upon adoption, there is a moratorium on applications
for subdivision or resubdivision of land on parcels of three acres or more.
(2)Â
The moratorium will be in effect for a period of six
months. During this period, the Commission will not accept, consider, or approve
residential subdivisions on parcels of three acres or more.
(3)Â
During the moratorium, the Commission will review the
subdivision regulations, which were last reviewed in 1993. The review will
consider such factors as environmental protection standards, conformance to
the Town Plan of Conservation and Development and such other factors determined
by the Commission to be necessary to protect the health, welfare and safety
of the community.
[1]
Editor's Note: The moratorium was extended for an additional
three-month period 11-15-2003.
[Amended 2-17-2004]
These Regulations are part of a coordinated program of land use policy
and regulation within the Town of Orange and have as their purpose the promotion
of general welfare, conservation of natural resources and beauties of the
Town, protection of property rights and values of landowners and provision
for the orderly development of the Town. To accomplish such purposes it is
the policy of these Regulations to assure, inter alia, that land to be subdivided
is of such character that it can be used for building purposes without danger
to health and safety; that, in areas contiguous to brooks, rivers or other
bodies of water subject to flooding, proper provision is made for protective
flood control measures; that proper provision is made for water supply, surface
drainage and sanitary sewerage; that the proposed streets are in harmony with
existing or proposed principal thoroughfares shown on the Comprehensive Plan
of Development for the Town, especially in regard to safe intersections with
such thoroughfares, and so arranged and of such width as to provide an adequate
and convenient system for present and prospective traffic needs; that, in
places deemed proper by the Town Plan and Zoning Commission, open spaces,
parks and playgrounds are shown on the subdivision plan; that adequate access
to properties for fire fighting apparatus is provided; that adequate light
and air is afforded to all properties; that proper provision is made for soil
erosion and sediment control; that provision is made to encourage energy-efficient
patterns of development and land use, the use of solar and other renewable
forms of energy, and energy conservation; and that the completed subdivision
will accomplish the development of land in accordance with the Plan of Conservation
and Development for the Town.
Certain words used in these Regulations are defined and explained as
follows:
Any person, firm or corporation, including partnership, association
or trustee, proposing or making a subdivision.
The Town Plan and Zoning Commission of the Town of Orange.
The following are terms referring to flood hazard areas:
FLOOD HAZARD AREAZone A, A2, A3, A4, A5 and A12 which are delineated on the "Flood Insurance Rate Map: Town of Orange, Connecticut, New Haven County, Community Panel Numbers 090087-0004B, 090087-0004/0005/0007/0008B" dated March 18, 1988, prepared by the Federal Emergency Management Agency, Flood Insurance Administration, and as such Zones may be amended from time to time by such Agency, which map is a part of Chapter 223, Flood Damage Prevention, of the Town of Orange, Connecticut.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATIONThe particular elevation of the base flood as specified on such "Flood Insurance Rate Map" for Zone A2, A3, A4, A5 and A12.
FLOODWAYThe channel of a river or other water course, and the adjacent land areas, that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot; the regulated floodway is delineated on the "Flood Boundary and Floodway Map" that is part of Chapter 223, Flood Damage Prevention, of the Town of Orange, Connecticut.
A person licensed as such by the State Board of Registration for
Professional Engineers and Land Surveyors of the State of Connecticut.
All of the maps, plans, specifications and documents for the subdivision
or resubdivision, provided however that only the map portion of the plan of
subdivision or resubdivision is required to be filed in the office of the
Orange Town Clerk.
A person licensed as such by the State Board of Registration for
Professional Engineers and Land Surveyors of the State of Connecticut.
The following are terms referring to provisions for soil erosion
and sediment control:
DISTURBED AREAAn area where the cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
INSPECTIONThe periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENTSolid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOILAny unconsolidated mineral and organic material of any origin.
The term "subdivision" includes "resubdivision" and both are defined
in Chapter 126 of the Connecticut General Statutes. [Sec. 8-18, CGS, specifically:
"subdivision means the division of a tract or parcel of land into three or
more parts or lots made subsequent to the adoption of the subdivision regulations
by the commission, for the purpose, whether immediate or future, of sale or
building development expressly excluding development for municipal, conservation
or agricultural purposes ..." and "resubdivision means a change in a map of
an approved or recorded subdivision or resubdivision if such change (a) affects
any street layout shown on such map, (b) affects any area reserved thereon
for public use or (c) 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."]
Shall be construed to consist of water courses as defined in Chapter 381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, as may be amended from time to time.
Shall be construed to consist of wetlands as defined in Chapter 381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, and tidal wetlands as defined in § 22a-29 of the Connecticut General Statutes, each as may be amended from time to time.
The Commission, in reviewing any subdivision plan proposal, and the
applicant, in proposing and making a subdivision, shall follow the procedures
specified in these Regulations. The Commission shall not approve a subdivision
plan unless it conforms to the standards of these Regulations.
The plan of the subdivision, including all maps, plans, specifications
and documents that are part of such plan, are subject to approval by the Commission.
The Commission shall have the authority to determine whether the existing
division of any land constitutes a subdivision or resubdivision that is subject
to the provisions of these Regulations. The Commission is not required to
consider an application for approval of a subdivision plan while another application
for subdivision of the same or substantially the same parcel is pending with
the Commission. (Sec. 8-26, CGS)
Construction and installation of streets, drainage, sewers and other
improvements to comply with the requirements of these Regulations are not
deemed authorized and shall not be commenced until:
A.Â
A plan of the subdivision has been approved by the Commission;
B.Â
Any conditions of approval precedent to commencement
of construction and installation have been met; and
C.Â
The time for taking an appeal (Sec. 8-28, CGS) from the
action of 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.
[Amended 2-17-2004]
All construction and installation of streets, drainage, sewers and other
improvements to comply with these Regulations shall be subject to inspection
and supervision by the Town Engineer/Director of Public Works, as well as
inspection by the Zoning Administrator, Health Department or its agent, Inland
Wetland Officer or other official of the Town of Orange, as appropriate.
The Commission from time to time by resolution may adopt forms, policies,
procedures and interpretations for the administration of these Regulations.
These Regulations are in addition to and do not supersede other laws,
ordinances and regulations that may govern the subdivision of land and the
development of land and buildings in the Town of Orange.
