Town of Orange, CT Article II Application Requirements and Procedure

§ 382-11 General.

A. The process for approving a plan of subdivision or resubdivision, ending with endorsement of a map and filing in the office of the Orange Town Clerk, is set forth in this section. Principal elements are:

(1) Application to be made to the Commission by the applicant;

(2) Review steps and procedures to be carried out by the Commission and the applicant;

(3) Action by the Commission to approve the plan of subdivision or resubdivision;

(4) Subsequent administrative requirements to be fulfilled by the Commission and the applicant; and

(5) Endorsement and delivery of the map by the Commission and filing of the map by the applicant.

B. Informal review: The Commission recommends that, prior to submission of a formal application for approval of a plan of subdivision or resubdivision, the applicant prepare preliminary plans of the proposal and consult with the Commission or its representatives concerning subdivision planning principles and application requirements and procedures.

C. Health Department review. For applications that involve individual on-site wells or individual septic disposal systems on proposed lots, the applicant is advised to consult the Health Department several months in advance of an anticipated submission in order to allow for the appropriate testing and review of the proposed lots. The test results and engineering data should be submitted to the Health Department at least 30 days prior to the formal submission to the Plan and Zoning Commission.

[Amended 2-17-2004]

§ 382-12 Submissions.

[Amended 2-17-2004]

All applications, maps, plans, data, specifications and documents pertaining to a proposed plan of subdivision or resubdivision shall be submitted to the Commission at the office of the Commission in the Orange Town Hall. These subdivision items are considered received on the day of the next regular meeting of the Commission immediately following the day of submission at the office of the Commission, or 35 days after such submission, whichever is sooner. (Note: While § 382-12 provides that applications may be submitted as late as the day before a regular meeting, the Commission strongly recommends that submission be made at least 10 days prior to a regular meeting. Early submission will allow advance review of the proposal and will help expedite the work of the Commission.) The Commission may at its discretion receive at a meeting any supplementary maps, plans, data, specifications or documents in support of an application previously received. [Sec. 8-26d(c), CGS] If the time parameters in this section shall be at variance with Connecticut General Statutes, as may be amended from time to time, the provisions of state statute shall be controlling.

§ 382-13 Application requirements.

In order to make application for Commission approval of a plan of subdivision or resubdivision, the following shall be submitted to the Commission by the applicant:

A. Application and notice to adjacent owners: Written application shall be made on forms prescribed by the Commission and signed by the applicant or the applicant's lawful agent. Six copies of the application shall be submitted. If the applicant is not the owner of the land to be subdivided, the application form shall also be signed by the owner or the owner's lawful agent. In addition, the application form shall also be signed by the land surveyor for the plan of subdivision or resubdivision acknowledging the submission. If the record title to land to be subdivided is held by a trustee of an undisclosed trust, the applicant shall file with the application a sworn statement disclosing the name of the equitable owner of the land or the beneficiary of the trust. (Secs. 8-7c and 8-26, CGS) The applicant shall provide evidence that notice of pendency of the application has been given to the owners of all property adjacent to and directly across the street from the tract proposed to be subdivided, which notice and evidence shall consist of no less than the following:

(1) A list of the names and mailing address of all owners of property adjacent to and directly across the street from the tract as listed in the current Assessor's records of the Town;

(2) Transmittal to each such owner of a copy of the completed and signed application form or other form of notice approved by the Commission; and

(3) Evidence of such transmittal consisting of receipts signed by such owners (or signatures on a receipt list) or the return receipts from U.S. Postal Service certified mail. Such evidence of notice shall accompany the application when submitted.

B. Application fee: An application fee shall be in accordance with a schedule of fees either adopted from time to time by ordinance of the Town of Orange or, in the absence of such ordinance, by resolution of the Commission in accordance with Section 8-26 of the Connecticut General Statutes. In addition, an application fee shall be paid to the Commission in accordance with CT-PA 92-235 or subsequent act requiring payment of a fee to the Commission. All checks and money orders shall be made payable to the Town of Orange. The Commission may by resolution determine that an application fee is not required for resubmission of an application disapproved by the Commission within the previous 90 days, or submission of a revision of a previously approved plan of subdivision when such revision does not constitute a resubdivision. (Secs. 8-1c and 8-26, CGS)

[Amended 2-17-2004]

C. Site Development Plan: The Site Development Plan (SDP) shall show existing conditions and the proposed layout of lots, streets and improvements for the proposed subdivision and all contiguous land of the applicant or owner that may be subdivided in the future. The purpose of the SDP is to enable the Commission and the applicant to complete a general planning review of the subdivision proposal, including its relationship to the future subdivision of contiguous land of the applicant or owner. The SDP shall show the information and be prepared as specified on Schedule A, Standards for Maps,[1] which is hereby made a part of these Regulations. Six blue line or black line prints of the SDP shall be submitted.

[1] Editor's Note: Schedule A is included at the end of this chapter.

D. Record Subdivision Map: The Record Subdivision Map (RSM) shall show the information and be prepared as specified on Schedule A, Standards for Maps. Six blue line or black line prints of the RSM shall be submitted.

E. Construction Plans: The Construction Plans shall consist of plans, profiles, specifications and other data as may be essential for the design and construction of any streets, storm drainage management systems, sanitary sewer facilities and other improvements proposed for the subdivision. These Plans shall show the information and be prepared as specified on Schedule B, Standards for Construction Plans,[2] which is hereby made a part of these Regulations. Six blue line or black line prints of the Construction Plans shall be submitted.

[2] Editor's Note: Schedule B is included at the end of this chapter.

F. Wetlands and water courses: If the plan of subdivision or resubdivision pertains to land where there are wetlands or water courses that are subject to Chapter 381, Inland Wetlands and Water Courses Regulations, for the Town of Orange, Connecticut, the applicant shall:

(1) Submit the plan of subdivision or resubdivision to the Orange Inland Wetlands and Water Courses Commission not later than the day of submission of the application to the Town Plan and Zoning Commission; and

(2) Provide to the Town Plan and Zoning Commission two copies of a letter or other document giving evidence that submission to the Inland Wetlands and Water Courses Commission has been made.

G. State highway connection: Where a proposed street or storm drainage management system joins with a state highway, or proposed lots would have a driveway access from a state highway, two copies of a letter or other document shall be provided, giving evidence that the plan of subdivision or resubdivision has been submitted to the Connecticut Department of Transportation.

H. Public water supply: Where proposed lots are to be served by central water supply of a public utility company, two copies of a letter from the company shall be provided affirming that water mains can be extended to all proposed lots in accordance with the rules and regulations of the company.

I. On-site utilities: Where individual on-site or sewage systems are planned for proposed lots, two copies of a letter or other document shall be submitted to the Director of Health giving evidence that the plan of subdivision or resubdivision together with data concerning number of bedrooms, deep pit test results and the design percolation rate for each lot is sufficient to demonstrate capability of supporting a septic system in accordance with the provisions of the Connecticut Public Health Code.

[Amended 2-17-2004]

J. Town sanitary sewers: Where proposed lots are to be served by Town sanitary sewers, two copies of a letter or other document shall be provided, giving evidence that the plan of subdivision or resubdivision has been submitted to the Town of Orange Water Pollution Control Authority.

K. Flood hazard assurances: When the plan of subdivision or resubdivision includes land within a special flood hazard area, written assurances shall be presented as follows, prepared by and bearing the seal of a professional engineer:

(1) That the flood carrying capacity of any altered or relocated water course in the special flood hazard area will be maintained;

(2) That any encroachment on the regulated floodway by construction of improvements or excavation, grading or depositing of materials will not result in any increase in flood levels in the Town during the occurrence of the base flood discharge; and

(3) That any lot intended for residential occupancy, any portion of which is in the special flood hazard area, can be used and provided with access and utilities without location of any residential structure, sewage disposal system or potable water supply well in the special flood hazard area.

L. Soil Erosion and Sediment Control Plan:

(1) If required under § 382-27, six copies of a Soil Erosion and Sediment Control Plan for minimizing soil erosion and sedimentation, consisting of no less than a map and narrative as follows:

(a) A map showing topography, cleared areas and graded areas, proposed area alterations and the location of and detailed information concerning erosion and sediment measures and facilities; and

(b) A narrative describing the project, the schedule of conservation practices, design criteria, construction details and the maintenance program for any erosion and sediment control facilities that are installed.

(2) The Soil Erosion and Sediment Control Plan map may be incorporated on the Site Development Plan (SDP) and/or the construction plans submitted under Subsections C and E, if so identified.

M. In preparing maps and plans for submission, the applicant shall include the following information in addition to items specified elsewhere in the regulations:

[Added 2-17-2004]

(1) The depiction of one-hundred-year and five-hundred-year flood elevation lines determined from field surveys by licensed land surveyor;

(2) Proposed driveway grades;

(3) Topographic information on site contours and finished grades certified to a T-2 standard as defined in the "Recommended Standards for Surveys and Maps in the State of Connecticut" by the Connecticut Association of Land Surveyors, Inc;

(4) A narrative and depiction of all required, existing and/or proposed, easements;

(5) An hydraulic narrative and drainage calculations describing the hydraulic design, the basis for that design and the results expected to be achieved by that design. The design must demonstrate that postdevelopment peak level stormwater runoff is less than predevelopment peak stormwater runoff;

(6) A plan for improving Town of Orange stormwater systems at applicant's expense if improvements are necessary for proper stormwater management.

(7) A preliminary stormwater maintenance plan for the maintenance of all stormwater facilities, including detention or retention facilities, pipes, swales and related facilities. A final plan will be required prior to the project completion;

(8) A plan to show frontage improvements such as road widening, traffic controls, retaining walls, etc., necessary for health, welfare and public safety;

(9) An analysis of the anticipated impact of construction activities on Town roads, including potential damage to Town roads and proposed remediation if required;

(10) A postdevelopment stormwater quality plan that demonstrates no degradation of water quality. Such a plan might include such features as oil-water separator chambers, etc.; and

(11) A narrative describing the consideration given and the actual use of passive solar and other energy conservation techniques to minimize energy consumption.

N. Original professional signatures and professional seals: All maps and plans submitted as part of the approval process shall be listed in a submission cover page together with the date of the map or plan. At least one submission set must contain an original signature and seal of a Connecticut professional engineer, Connecticut licensed land surveyor or other appropriate professional authorized and licensed under the laws of the State of Connecticut. Additional submission copies may be photocopies.

[Added 2-17-2004]

O. Requirement for as-built drawings: Upon completion of the subdivision public improvements and upon the completion of individual lots the applicant will submit as-built drawings certified to A-2 and T-2 standards to the Town Engineer and Zoning Administrator.

[Added 2-17-2004]

P. A calculation of the area of each proposed lot and the area of wetlands and slopes in excess of 25% of each proposed lot and within the minimum square on each proposed lot.

[Added 2-17-2004]

Q. As-built maps shall be submitted both in hard copy in accordance with the map standards of the Town of Orange and also in digital format such as AUTO-CAD or ARCVIEW, as specified by the Zoning Administrator in consultation with the Town Engineer.

[Added 2-17-2004]

§ 382-14 Application review.

After receipt of the application by the Commission, the applicant and the Commission shall carry out a review of the plan of subdivision or resubdivision as follows:

A. Submission review: The Commission, in consultation with its agents, shall determine whether or not the application submitted under § 382-13 is complete. Failure to submit a complete application is cause for disapproval of the application under § 382-15. Under the provisions of Article V of these Regulations, the applicant may request in writing a determination by the Commission that certain map and plan requirements of § 382-13 and Schedules A and B are not necessary in order to make a reasonable decision on the application and need not be submitted or may be deferred for subsequent submission and consideration.

B. Additional information: Upon review of the application, the Commission may, in order to make a reasonable decision on the application, require the submission of additional information by the applicant, such as but not limited to the following:

(1) Grading plan: In the event that the special site grading is necessary to achieve usable lots, driveways and building sites, or that any major regrading, cuts, fills, or soil or rock removal are proposed, six copies of a detailed grading plan shall be submitted for the affected area, prepared as required on Schedule A.[1]

[1] Editor's Note: Schedule A is included at the end of this chapter.

(2) Design data: Pertinent survey data, drainage computations, construction design data, and results of seepage tests, deep hole tests and borings, shall be submitted in two copies for review by the Commission and the Town Engineer/Director of Public Works. The Town Engineer/Director of Public Works, in order to discharge responsibilities to the Town, may request the applicant to submit design data.

(3) Additional evidence: Submission of additional evidence by the applicant may be required in order to establish the following to the satisfaction of the Commission:

(a) That the land to be subdivided is of such character that it can be used for building purposes without danger to health or the public safety;

(b) That proper provision will be made for water, drainage and sewerage;

(c) That proper provision will be made for protective flood control measures in areas contiguous to brooks, rivers or other bodies of water subject to flooding;

(d) That open spaces, parks and playgrounds will be established in places deemed proper by the Commission;

(e) That 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 prospective traffic needs;

(f) That, in developing the plan of subdivision, including lots, streets and other features, consideration has been given to the use on each lot of passive solar energy techniques; and

(g) If any street, storm drainage management system, open space, park, playground or other common facility is not to be dedicated to the Town, that proper provision will be made for ownership, operation and maintenance of the facility.

C. Review by others: Plans of subdivision or resubdivision will be reviewed by other agencies as follows:

(1) Town Engineer/Director of Public Works: Each plan submission shall be referred by the Commission or its agent to the Town Engineer/Director of Public Works for review, and the Commission will expect a written report concerning technical features of the plan and compliance with these Regulations and applicable Town ordinances.

(2) Regional planning agency: When a plan of subdivision or resubdivision pertains to land that abuts or crosses the Orange Town line, the plan, before approval, shall be submitted by the Commission or its agent to the regional planning agency or agencies within which the Town of Orange and the adjoining municipality are located. The regional planning agency receiving the plan is expected, within 30 days, to report to the Commission and the applicant its findings on the intermunicipal aspects of the proposed subdivision, including street layout, storm drainage, sewer and water matters and such other matters as it deems appropriate. If such report is not submitted within 30 days after transmittal, it is presumed the agency does not disapprove of the plan. The report of the agency is purely advisory. (Sec. 8-26b, CGS)

(3) Wetlands Commission: The Commission will expect a report or decision on the wetlands and water courses aspects of the plan of subdivision by the Orange Inland Wetlands and Water Courses Commission prior to action under § 382-15.

(4) Fire Marshal: Each plan of subdivision or resubdivision shall be referred to the Town of Orange Fire Marshal for review and report with regard to adequate provision for fire protection, including but not limited to access, water main extension, hydrant location and/or fire ponds or other water access.

(5) Soil and Water Conservation District: The Commission may refer the maps and plans, including any Soil Erosion and Sediment Control Plan, to the New Haven County Soil and Water Conservation District for advice and reports. Such referral may include request for certification of the Soil Erosion and Sediment Control Plan within the time limits required for action on the application, in accordance with PA 83-388.

(6) Other: The Commission may refer the plan of subdivision or resubdivision to consultants to the Commission and to other Town agencies or state agencies for advice and reports, such as but not limited to the following:

(a) The Town of Orange Traffic Commission; and

(b) The Connecticut Department of Environmental Protection, Coastal Resources Management Division.

(c) The South Central Connecticut Regional Water Authority.

[Added 2-17-2004]

(7) Conference review: The Commission or its agent, prior to or after submission of the application, may arrange a conference of representatives of the Director of Health and any or all of the above agencies, to be attended by the applicant and the applicant's land surveyor and/or engineer for the purpose of reviewing the sufficiency, completeness and content of the application and plan of subdivision or resubdivision.

(8) All maps circulated for municipal department review and signatures shall be revised and dated to reflect the conditions of Inland Wetland approvals. If revisions are made to any maps subsequent to the review of municipal departments, signoffs must again be obtained for the revised documents. In order to allow full review by Town staff, all maps to be considered for the first time at a Commission meeting shall be submitted to the Zoning Administrator at least seven days prior to the day of the meeting. Unless waived by the Commission, revisions to maps to be considered at subsequent meetings shall be submitted at least five days prior to the meeting.

[Added 2-17-2004]

D. Hearing: A public hearing regarding an application may be held by the Commission if, in its judgment, the circumstances require such action. The Commission shall hold a public hearing on any application for a resubdivision. Any hearing on a plan of subdivision or resubdivision shall commence within 65 days of receipt of the application and shall be completed within 30 days after the hearing commences. Notice of the hearing shall be given as required by law. Whether or not a public hearing is held, every applicant shall be afforded the opportunity to appear before the Commission to discuss the application before final action by the Commission. The applicant may consent in writing to one or more extensions of the periods for holding and for completion of the hearing provided that the total extension of each period shall not be for longer than the original period specified, or the applicant may withdraw the application. (Secs. 8-26 and 8-26d, CGS)

§ 382-15 Action on application.

The Commission shall take action on the application only upon the vote of a majority of its members and in accordance with the following (Sec. 8-22, CGS):

A. Time for action: The Commission shall render its decision on the plan of subdivision or resubdivision within 65 days after receipt of the application or, if a public hearing is held on the application, within 65 days after completion of the hearing, except as extended pursuant to Section 8-26d(d) of the Connecticut General Statutes, as amended from time to time. The applicant may, in writing, consent to one or more extensions of the period for action, provided that the total extension shall not exceed 65 days, or the applicant may withdraw the application. If the Commission has requested the applicant to submit additional information, such as under § 382-14B, that information shall be submitted in a timely manner for review within the time required for action; failure to submit the requested information will be grounds for disapproval of the application. [Sec. 8-26d(a) and (b)]

[Amended 2-17-2004]

B. Decision: After the public hearing if any, or after the applicant has been afforded the opportunity to appear before the Commission to discuss the application, the Commission shall take one of the following actions (Sec. 8-26, CGS):

(1) Approve the application and plan of subdivision or resubdivision if conforming to the requirements of these Regulations;

(2) Approve the application and plan of subdivision or resubdivision, subject to the modifications to be made by the applicant, if conforming to the requirements of these Regulations after modification; or

(3) Disapprove the application and plan of subdivision or resubdivision for failure to conform to one or more requirements of these Regulations.

C. Conditions and safeguards: Approval or approval subject to modifications granted under Subsection B, may be made subject to conditions and safeguards deemed necessary by the Commission to carry out the letter and the purpose and intent of these Regulations and to protect the public health, safety, welfare and property values. The administrative requirements of § 382-16, to the extent applicable to a particular application and plan of subdivision or resubdivision, are automatically imposed as conditions of approval and may also be set forth in the action of the Commission.

D. Notice: Notice of the decision of the Commission shall be given as required by law. (Sec. 8-26, CGS)

E. Coastal Site Plan review: Prior to a decision on any application for subdivision or resubdivision located within the Coastal Boundary Area, the Commission shall complete a Coastal Site Plan review in accordance with Section 22a-104 through 22a-109 of the Connecticut General Statutes.

§ 382-16 Administrative requirements.

The following administrative requirements shall be met by the Commission and the applicant prior to or subsequent to action on the application under § 382-15 and in any event prior to endorsement of the Record Subdivision Map under § 382-17:

A. Map for filing: The applicant shall deliver to the Commission three copies of the Record Subdivision Map, prepared and produced in accordance with the State of Connecticut Public Records Administrator's standards[1] for filing of maps in the Town Clerk's office, for endorsement by the Commission and one of which is for filing with the Orange Town Clerk. The Record Subdivision Map shall show any modifications required under § 382-15B(2). Six blue line or black line prints of a modified Map shall also be delivered to the Commission. One additional copy of the Record Subdivision Map, reduced to a scale of one inch to 100 feet and printed on polyester film three mil thick or greater, shall also be delivered to the Commission.

[1] Editor's Note: See Administrative Policy 4: Map Specifications for Filing.

B. Approved Construction Plans: The applicant shall deliver to the Commission for the records of the Town a print of the approved Construction Plans on good quality translucent cloth or on polyester film three mil thick or greater. These Construction Plans shall show any modifications required under § 382-15B(2) and by the Town Engineer/Director of Public Works and shall include the Site Development Plan if construction details are shown thereon. Six blue line or black line prints of modified Construction Plans shall also be delivered to the Commission.

C. Soil erosion and sediment control: The Control Plan shall be certified and so endorsed by the New Haven County Soil and Water Conservation District as provided by § 382-14C(5). If not so certified, the applicant shall provide a certification and the Control Plan shall be certified by the Commission, the agent of the Commission, or by the Town Engineer/Director of Public Works in accordance with § 382-27B and C. (PA 83-388, CGS)

D. Easements and deeds: Any open spaces, parks and/or playgrounds to be dedicated to the Town or otherwise reserved, and any easements for storm drainage, sanitary sewers or public rights-of-way to be used or maintained by the Town, shall be confirmed by written conveyance describing the land involved and privileges of the Town or other grantee in a form satisfactory to the Town Attorney. The conveyance shall be delivered to the Commission by the applicant and, if not shown on the Record Subdivision Map, shall be accompanied by an appropriate map delineating the land involved in accordance with Schedule A[2] and with copies as specified in Subsection A.

[2] Editor's Note: Schedule A is included at the end of this chapter.

E. Health Department findings for on-site utilities: Where individual on-site wells or sewage disposal systems for proposed lots are part of the plan of subdivision or resubdivision, approval for use of such wells or sewage disposal systems shall be endorsed on the Record Subdivision Map by the Director of Health of the Town of Orange or the Director's agent, subject to approval of final design of the systems.

F. Sewer extension: When there is extension of a sanitary sewer on the plan of subdivision or resubdivision, the applicant shall obtain and deliver to the Commission a letter or other document from the Town Water Pollution Control Authority and the Connecticut Department of Environmental Protection approving the extension. (Sec. 25-26, CGS[3])

[3] Editor's Note: Former § 25-26 was transferred to § 22a-416 in Gen. St., Rev. to 1983.

G. Wetlands permit: Where wetlands or water courses present on the tract are to be modified or affected by the plan of subdivision or resubdivision, the applicant shall deliver to the Commission a copy of the permit issued by the Orange Inland Wetlands and Water Courses Commission.

H. State highway permit: Where a proposed street or storm drainage system joins with a state highway, the applicant shall deliver to the Commission a copy of a permit from the Connecticut Department of Transportation authorizing the street or drainage connection. (Sec. 13a-143 and 13a-247, CGS)

I. Flood hazard permit: When the plan of subdivision or resubdivision includes land in a special flood hazard area where there are to be streets, drainage or other improvements or any excavation, grading or depositing of materials, the applicant shall obtain a development permit therefor under Chapter 223, Flood Damage Prevention, of the Town of Orange and shall deliver a copy of the permit to the Commission.

J. Preparation of lots: Where the applicant has demonstrated to the satisfaction of the Commission that certain or all lots in the subdivision can have suitable driveway access, adequate drainage, and/or workable locations for individual on-site wells or sewage disposal systems, or can otherwise be made suitable for use and development, after completion of grading, filling, installation of drainage or other work on individual lots or across two or more lots, the Commission, in addition to the provisions of § 382-22B, may establish administrative requirements to assure that the grading, filling, drainage or other necessary work is completed by the applicant prior to conveyance of such lots.

K. Construction of improvements; bonds: performance bonds and maintenance bonds.

[Amended 2-17-2004]

(1) The Commission shall require a performance bond. The bond will guarantee the completion of all physical improvements required by the approved plans and regulations, other than the staking of lots, including but not limited to:

(a) The installation and completion of measures and facilities required under drainage and soil and erosion control plan;

(b) The cost of all public improvements and restorations, including but not limited to roadway, curbing, driveway aprons, sidewalks, streetlighting, catch basins, water and sanitary sewer lines and facilities, storm drainage facilities, easements and channels, public road restoration upon completion of subdivision, new paving of existing roads, road widening, sight-line clearing of embankments and brush;

(c) The cost to achieve restoration of the site and any public roads damaged in the event of expiration of approval of the plan of subdivision or resubdivision prior to the completion of improvements and restoration; and

(d) All other items required by the Subdivision or Zoning regulations, whether listed in the bond estimate or not.

(2) The applicant will execute and deliver to the Commission a bond in a form approved by the Commission upon advice of the Town Attorney. A qualified professional hired by the applicant will estimate the amount of the bond. The Commission or its agent will approve the amount of the bond upon advice of the Town Engineer. The bond shall be in an amount that the Commission deems sufficient to secure to the Town the actual cost of construction and installation of all of the required restorations and improvements, taking into account the escalation of costs over time together with an additional 15% of such cost estimate as a contingency.

(3) The Commission will accept a cash bond, an irrevocable letter of credit upon terms acceptable to Town Counsel issued by a bank in the State of Connecticut, or a surety bond according to administrative bond policies established by the Commission. At least 10% of all bonds shall be in cash.

(4) Performance bonds may be reduced upon completion of improvements in the sole discretion of the Commission. Upon satisfactory completion of all improvements and acceptance of those improvements required to be accepted by the Town, 90% of the bond may be released. The remaining 10%, comprising the cash portion of the bond, shall be held as a maintenance bond to remain in effect for two years after the completion or acceptance of the improvements to assure correction of any deficiencies or defects in such improvements and/or to replace any landscaping which did not survive the two year period.[4]

[4] Editor's Note: Former Subsection L, As-built; maintenance bond, which immediately followed this subsection, was deleted 2-17-2004.

§ 382-17 Endorsement of map; delivery and filing.

The Chairman of the Commission shall endorse the Record Subdivision Map as approved and to permit filing with the Orange Town Clerk when all conditions of approval have been met, including the applicable requirements of § 382-16. The Commission and the applicant shall also carry out the following:

A. Date of endorsement and expiration: The date of endorsement of the Record Subdivision Map shall be noted on the Map by the Chairman. In addition, the Chairman shall note on the Map the date when approval may expire as provided in Sec. 8-26c of the Connecticut General Statutes, which date shall be five years from and after the date of Commission action on the application under § 382-15B.

B. Delivery of Map; date of delivery: The Record Subdivision Map, when endorsed, shall be delivered to the applicant for filing with the Orange Town Clerk promptly and after the time for taking an appeal from the action of the Commission under § 382-15B has elapsed, and in the event of an appeal, promptly upon the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant. The person so delivering the endorsed Map on behalf of the Commission shall sign the Map to confirm delivery and note thereon the date delivery was made. Delivery shall be made at a meeting of the Commission, at the office of the Commission or otherwise as may be mutually convenient to the Commission or its agent and the applicant. (Sec. 8-25, CGS)

C. Filing of Map: The Record Subdivision Map, upon endorsement by the Commission and delivery to the applicant, shall be filed by the applicant with the Orange Town Clerk within 90 days of the date of delivery. Any plan of subdivision or resubdivision shall become null and void if the Record Subdivision Map is not so filed, except that the Commission may by resolution extend the time for such filing for two additional periods of 90 days and re-endorse the Map, date the re-endorsement as of commencement of the extension period, and re-sign the Map to confirm delivery and note thereon the date delivery was made. The plan of subdivision or resubdivision shall remain valid until the expiration of such extended time. Filing fees shall be paid by the applicant. (Sec. 8-25, CGS)

§ 382-18 Release of erosion control/restoration and completion bonds.

The erosion control and restoration bond as specified in § 382-16K(2) and any completion bond that may be posted under § 382-16K(3) shall remain in full force and effect until:

A. The streets, drainage, sanitary sewers and other required improvements have been completed;

B. The measures and facilities required under any Soil Erosion and Sediment Control Plan have been completed;

C. Satisfactory as-built plans and a maintenance bond have been delivered to the Commission as provided in § 382-16L; and

D. In the case of improvements which are to be offered for acceptance by the Town, the improvements have been so accepted.