The Planning and Zoning Commission recommends that, prior to submission of a formal application for approval of a subdivision or resubdivision, the applicant prepare and present a preliminary plan of the subdivision or resubdivision for informal consideration by the Commission. Presentation of a preliminary plan is recommended to facilitate general consideration of factors and problems affecting development of the land to be subdivided or resubdivided before the applicant proceeds with formal application and the preparation of final maps, plans and documents required for formal consideration by the Commission. If the plan is presented in preliminary rather than in final form, any alterations or changes recommended by the Commission may be made more readily and economically by the applicant. Neither the preliminary plan nor the informal consideration by the Commission, however, shall be deemed to constitute any portion of the official and formal procedure of applying for and approving subdivisions or resubdivision of land under the provisions of the General Statutes of the State of Connecticut.
A. 
Preliminary plan. The preliminary subdivision or resubdivision plan should be drawn to a scale of not less than 100 feet to the inch and should show existing and proposed property and street lines, proposed lots, existing and proposed drainage, watercourses, ponds, swamps and existing contours from available United States Geological Survey maps or other sources. The Commission recommends that the preliminary plan conform in all respects to the requirements for a site development plan as specified in § 228-12 of these regulations, in order to facilitate the informal consideration by the Commission and in order that the applicant may avoid submission of a site development plan as part of the formal application. Six blue line or black line prints of the preliminary plan should be submitted.
B. 
Informal action. The Commission may hold an informal discussion meeting with the applicant. The Commission shall notify the applicant of the date, time and place of the meeting at which the preliminary plan will be given informal consideration. Whether or not the Commission meets with the applicant to discuss the preliminary plan, the Commission shall, within 60 days after receipt of the preliminary plan, advise the applicant of its informal approval of the plan or of any changes it recommends be made in the plan, in order to guide the applicant in preparing maps and plans for formal subdivision or resubdivision application.
In order to apply for approval of a subdivision or resubdivision, and before the Commission shall formally consider any proposed subdivision, the applicant proposing the subdivision or resubdivision shall submit an application and maps, plans and documents as follows:
A. 
Presentation. All applications, maps, plans, documents and data required by these regulations shall be submitted to the Planning and Zoning Commission or its authorized agent. Any such material may also be transmitted by mail or may be presented to the Chairman or Secretary of the Commission or at a Commission meeting. Any such material not transmitted at a Commission meeting shall be considered submitted at the next regularly scheduled Commission meeting. A schedule of Commission meetings is on file with the Town Clerk.
B. 
Application. Application for approval of a subdivision or resubdivision shall be made to the Commission in writing on forms prescribed by the Commission and signed by the applicant or his lawful agent; if the subdivision or resubdivision is proposed by a person, firm or corporation other than the owner of the land to be subdivided, the application shall also be signed by the owner or his lawful agent.
C. 
Application fee. An application fee of $15 for each lot shown on the subdivision map shall accompany the application, but in any event the minimum fee for each application shall be not less than $50. All application fee payments shall be made payable to the Town of Branford.
D. 
Site development plan. A site development plan shall be submitted with the application and shall conform to all of the requirements of § 228-12 of these regulations. In the event that a preliminary plan, as provided in § 228-8A and meeting the requirements for a site development plan, was submitted to the Commission and was given informal approval or approval with modifications within the previous 120 days, a site development plan need not be submitted with the application.
E. 
Record subdivision map. A record subdivision map shall be submitted with the application and shall conform to all of the requirements of § 228-13 of these regulations.
F. 
Construction plans. Plan and profile drawings of all proposed streets, storm drains, sanitary sewers, catch basins, manholes, ditches, watercourses, headwalls, sidewalks, gutters, curbs, bridges, culverts and other structures and improvements required by these regulations shall be submitted with the application and shall conform to all of the requirements of § 228-14 of these regulations.
G. 
Grading plan. In the event that any major regrading, cuts, fills or soil or rock removal is proposed in the area of the subdivision, a grading plan shall be submitted with the application and shall conform to all of the requirements of § 228-15 of these regulations. At minimum, the grading plan shall cover those areas of the subdivision where proposed changes in elevation exceed five feet.
H. 
Technical reports. When the subdivision is not to be served by municipal sanitary sewers and/or public water supply, the applicant shall have seepage tests taken in locations approved by the Town Engineer and in accordance with Connecticut State Health Department specifications. The applicant shall present a written report, prepared by a sanitary or civil engineer licensed to practice in the State of Connecticut, describing the tests taken and the results and certifying that the land to be subdivided and the subdivision plan are satisfactory for private sewage disposal and or water supply systems.
I. 
Connecticut State Highway Department permit. Where a proposed subdivision street or storm drain joins with a state highway, the applicant shall obtain evidence of application for a permit for such connection from the Connecticut State Highway Department and shall present a copy of such evidence of application to the Commission.
J. 
Public water supply. When public water supply is to be provided in any subdivision, the applicant shall obtain a letter from the water company stating that application has been made for water main extension and service to serve the proposed subdivision, that water company regulations have been complied with and that satisfactory water supply, pressure and service are available to serve the proposed subdivision.
K. 
Floodplain area. Applications for subdivisions to be located in areas of special flood hazard and involving more than 50 lots or five acres, whichever is less, shall include base flood elevation data.
After the above application requirements have been met, the Commission shall follow the procedure hereafter specified:
A. 
Review. The Commission or its authorized agent shall give consideration to the proposed subdivision or resubdivision and shall determine whether the maps and plans and accompanying certificates and documents conform to the requirements of these regulations. The Commission or its authorized agent may request the submission of such additional information from the applicant that it deems necessary to make a reasonable review of the proposed subdivision in accordance with the policy and requirements of these regulations.
B. 
Referral to Regional Agency. When a subdivision is proposed, the area of which will abut or include land in an adjoining municipality, the Commission shall submit a copy of the maps and plans to the Regional Planning Agency of South Central Connecticut at least 30 days before approving the subdivision.
C. 
Hearing. A public hearing regarding a subdivision 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. Notice of any public hearing shall be given not less than seven days before the date of the hearing by publication of a legal advertisement once in a newspaper of general circulation in the Town and by sending a copy thereof by certified mail to the applicant. 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 Commission shall notify the applicant of the date, time and place of the meeting of the Commission at which the final subdivision plan is to be considered at least three days prior to said meeting. The applicant or his authorized representative should attend said meeting.
D. 
Decision.
(1) 
After the public hearing, if any, or after the meeting afforded the applicant, the Commission shall give approval to the subdivision application if it shall find that the subdivision map and plans and accompanying certificates, documents and data conform to the requirements of these regulations. Approval shall be conditioned upon the following actions if applicable to the particular subdivision:
(a) 
Endorsement of any construction plans and grading plans as approved by the Town Engineer, if such endorsement has not already been obtained.
(b) 
Endorsement of the record subdivision map by the Director of Health, if such endorsement has not already been obtained.
(c) 
Presentation of any easements and deeds as specified in Subsection E below.
(d) 
Completion of any required subdivision improvements or the execution of an agreement and posting of a bond to guarantee such completion.
(2) 
In granting approval, the Commission may attach such conditions that it deems necessary to modify the subdivision map, plans or documents and to preserve the purpose and intent of these regulations. The Commission shall approve, modify and approve or disapprove any subdivision application or any accompanying map, plan, certificate, document or data submitted therewith within 60 days after the submission thereof, unless the applicant consents in writing to an extension of this period. In approving, modifying and approving, or disapproving an application or accompanying item, the Commission shall state in its records any conditions of approval, any modifications required or the grounds for disapproval. Notice of the Commission's decision shall be published in a newspaper having a substantial circulation in the Town and addressed by certified mail to the applicant within 10 days after the decision has been rendered. Such notice shall be a simple statement that the application was approved, modified and approved or disapproved, together with the date of such action.
E. 
Easements and deeds. Any open spaces for parks and playgrounds to be dedicated to the Town, any easements for sanitary sewers and public rights-of-way and any easements for storm drainage and watercourses draining existing or proposed public streets or public streets that may be constructed in the future shall be confirmed by written easements and deeds describing the land involved and the privileges of the Town in a form satisfactory to the Town Counsel. In addition, a title certificate shall be furnished, signed by a Connecticut attorney, showing that the title to the property covered above is free of encumbrances which would render the title unmarketable or would otherwise prevent the use of the property for the purpose for which it is granted to the Town. The applicant shall also submit a written agreement, in form satisfactory to Town Counsel, permitting entrance by the Town onto the land covered by the grants mentioned above, as well as the area of the streets shown on the subdivision plan, for the purposes of inspection and of installing the required improvements in the event of the failure of the applicant to make such improvements or to properly maintain them until the Town has assumed responsibility for them, and such written agreements shall provide that the developer, on demand, shall execute and deliver to the Town a deed to the area of the street or streets shown on the subdivision plan as approved. Such easements, deeds and agreements shall be presented prior to endorsement of the record subdivision map.
F. 
Map endorsement and bond. The Commission may approve the subdivision and authorize the Chairman and Secretary to endorse the record subdivision map to permit filing, but such endorsement shall not be executed until all conditions of approval, if any, have been met. The applicant shall comply with all such conditions of approval within 90 days of the date of action of the Commission, failure to do so shall render approval null and void. The Commission shall not endorse the record subdivision map to permit filing with the Town Clerk until all conditions of approval have been met, all required easements and deeds have been presented and all required subdivision improvements have been completed in accordance with the plans as approved. In lieu of completion of all or part of required improvements prior to endorsement of the record subdivision map, the applicant shall execute an agreement and file a bond with the Commission to guarantee such completion within two years. The bond shall be in form and amount and with surety acceptable to the Commission and to the Town Counsel and shall be a surety bond, executed by a surety company authorized to enter into such bonds in the State of Connecticut. In lieu of surety bond the Commission may, upon approval of Town Counsel, accept an assigned savings account passbook or a letter of credit from a recognized financial institution. As provided in the Town Road Ordinance, no certificate of occupancy shall be issued for any residence until the subbase and base course phases of road construction are completed to such extent as to provide access to such residence.[1]
[1]
Editor's Note: See Ch. 216, Streets and Sidewalks, Art. IV.
G. 
Filing and recording. The endorsed subdivision map, showing any modifications upon which final approval of the subdivision was contingent, shall constitute the approved record subdivision map. The date of endorsement of the record subdivision map shall be noted on the map by the Chairman of the Commission. Within 90 days after the endorsement of the record subdivision map, the applicant shall file and record said record map, together with any related easements and deeds, in the office of the Branford Town Clerk. Filing and recording fees shall be paid by the applicant.
H. 
Certificate of compliance. Before release of any subdivision bond, or before the Commission endorses any subdivision map to permit filing with the Town Clerk, when no subdivision bond has been posted, the following shall be completed by the applicant and submitted to the Commission:
(1) 
The applicant's land surveyor, licensed to practice in the State of Connecticut, shall certify the installation and precise location of monuments by noting such monuments and their location on the linen construction plans and by signing and sealing the plans.
(2) 
The applicant's land surveyor or engineer, licensed to practice in the State of Connecticut, shall update the linen construction plans to show as-built conditions and shall sign and seal said plans, certifying that all of the required improvements have been completed in the location and at the elevation shown thereon.
(3) 
The applicant shall submit a formal request for Town of Branford acceptance of all streets shown on the record subdivision map; such request shall be in a form and with accompanying documents as approved by the Town Counsel.
I. 
Release of bond. No bond shall be released until the improvements covered by such bond have been inspected by the Town Engineer and the certificates of compliance submitted as provided in Subsection H. For purposes of maintenance and to cover unforeseen deficiencies, a portion of any subdivision bond shall not be released until one year after completion of required subdivision improvements, and the amount of such portion shall be determined by the Commission with the recommendation of the Town Engineer. The applicant, however, may post a new bond to cover the required portion of the original bond. If no bond has been posted to guarantee completion of improvements, the applicant shall post a one-year bond, meeting requirements of Subsection F for purposes of maintenance and to cover unforeseen deficiencies.