Ten copies of all applications, maps, plans,
documents and data required by these regulations shall be presented
to the Haddam Planning and Zoning Commission at least 10 days before
any regular meeting of the Commission held in accordance with the
announced schedule of meetings filed with the Haddam Town Clerk. Such
material may be presented at any other meeting of the Commission or
to the Chairman or Secretary of the Commission at some time other
than at a Commission meeting, but shall not be considered received
until the first subsequent regularly scheduled meeting of the Commission.
(See §
302-11A.)
In order to make formal application for approval
of a subdivision or resubdivision, the person, firm or corporation
proposing the subdivision or resubdivision shall submit an application
and maps, plans and documents as follows:
A. Application. Application for approval of a subdivision
or resubdivision shall be made to the Haddam Planning and Zoning Commission
in writing on forms prescribed by the Commission. The application
shall be 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.
B. Site development plan. A site development plan shall
be submitted with the application and shall conform to all of the
requirements of §
302-13 of these regulations. The number
and type of copies of the site development plan, as specified in §
302-13,
shall be submitted with the application. In the event that a preliminary
plan, as provided in §
302-9 and meeting the requirements
for a site development plan, was submitted to the Commission within
the previous 120 days, and no changes were made, a new site development
plan need not be submitted with the formal subdivision application.
C. Record subdivision map. A record subdivision map shall
be submitted with the application and shall conform to all of the
requirements of §
302-14 of these regulations. The number
and type of copies of the map, as specified in §
302-14,
shall be submitted with the application.
D. Construction plans. Construction plans, including
plan-profile drawings, for any proposed streets, storm drains, sanitary
sewers, catch basins, manholes, ditches, watercourses, headwalls,
sidewalks, gutters, curbs and other structures shall be submitted
with the application and shall conform to all of the requirements
of §
302-15 of these regulations. The number and type of
copies of the construction plans, as specified in §
302-15,
shall be submitted with the application.
E. Grading plan. In the event that any major regrading,
cuts, fills, or soil or rock removal is proposed in the subdivision,
a grading plan shall be submitted with the application and shall conform
to all of the requirements of §
302-16 of these regulations.
The number and type of copies of the plan, as specified in §
302-16,
shall be submitted with the application. The Commission may allow
the grading plan to be drawn on the site development plan if it is
practical to do so.
F. Erosion and sedimentation control plan.
(1) A soil erosion and sedimentation control plan shall
be submitted with any subdivision application for development. The
plan shall meet the minimum standards set forth in the Connecticut
Guidelines for Soil Erosion and Sediment Control (1985), as amended.
(2) Such plan shall be referred to the Middlesex County
Soil and Water Conservation District for its technical review and
advisory opinion for all subdivisions located within the Gateway Conservation
Zone, as defined in C.G.S. § 25-102c, as amended, and as
shown on the Town of Haddam, Connecticut, Comprehensive Zoning Map,
dated February 19, 1970, as amended. The plan shall conform to §
302-17
of these regulations and Chapter
270, Zoning, Article
XXX. The Commission
may allow the erosion and sedimentation control plan to be drawn on
the site development plan if it is practical to do so.
G. Stormwater runoff control plan. A stormwater runoff
control plan providing measures for on-site retention and/or detention
and controlled release of stormwater runoff shall be submitted when
a proposed subdivision contains an area of over five acres or over
five lots. Smaller subdivisions may be required to provide such measures,
if deemed necessary by the Commission to protect the public health,
safety and welfare. The plan shall conform to §
302-18 of
these regulations. The Commission may allow the stormwater runoff
control plan to be drawn on the site development plan and/or construction
plan if it is practical to do so.
H. Cutting plan. A cutting plan with 10 copies showing
existing tree species to be removed, their approximate height, diameter
and age, and a description of the cutting or removal activities to
be undertaken shall be submitted. After consideration of the site
conditions and the potential impact of the proposed subdivision on
the site, the Commission may request the applicant to indicate the
general boundaries and descriptions of tree stands which are to be
left undisturbed. (Example: "This 20 acre mixed hardwood stand is
primarily composed of pole to sawlog size red oak, scarlet oak, black
oak, red maple, hickory, black birch and beech. Hemlock is scattered
throughout the stand, and the understory is composed of dense areas
of mountain laurel.")
I. Health Director statement. When the subdivision is
not to be served by sanitary sewers and/or public water supply, a
statement from the Town Director of Health shall be obtained and submitted
by the applicant certifying that: 1) the land to be subdivided and
the subdivision plan are or can be made satisfactory for private sewage
disposal and/or water supply systems; or 2) the design plans for engineered
septic systems have been reviewed and approved. Lots requiring engineered
septic systems shall be labeled on the site development plan and record
subdivision plan with the following words: "Engineered Septic System
— See Note _____ on this plan." The note shall reference that
engineered plans are on file in the engineering office and lot improvements
required by the Health Department shall be made prior to the issuance
of a health certificate. No lot shall be issued zoning or building
permits until the issuance of health certificate. At its discretion,
the Commission may require the applicant to submit a report from a
sanitary engineer, licensed to practice in the State of Connecticut,
certifying that the land to be subdivided and the subdivision plan
are satisfactory for private sewage disposal and/or water supply systems.
J. Connecticut Department of Transportation. When a proposed
road or storm drain or driveway joins with a state highway, the applicant
shall demonstrate that a permit can be obtained for such connection
from the Connecticut Department of Transportation and shall present
a copy of such proof to the Commission.
K. Additional evidence.
(1) The Commission may require the submission of additional
evidence to establish to the satisfaction of the Commission 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; that
proper provision will be made for water, drainage, and sewerage; 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; that open spaces for parks and playgrounds will be established
in places deemed proper by the Commission; that historically significant
or important structures or uses are preserved; that important natural
and man-made topographical features are preserved; that existing scenic
areas are protected; and, if the Commission shall have adopted a plan
of development affecting the area of the proposed subdivision, that
any proposed street shown on the subdivision plan is in harmony with
existing or proposed thoroughfares shown on said plan, especially
in regard to safe intersections with such thoroughfares.
(2) When proposed development activity in a subdivision
is planned within 500 feet of an established watercourse or water
body or near an area recognized on the Town's Archeological Assessment
Map, the Commission may request an applicant to refer the proposal
to the Office of State Archeology for evaluation as to whether or
not an archeological impact statement is necessary to determine the
site's archeological significance.
(3) All subdivision proposals shall be reviewed to assure
that all other necessary permits have been received from agencies
from which approval is required by federal or state law or local ordinance
or regulation.
L. Temporary dead-end street. When the applicant's proposal
includes a temporary dead-end street in excess of 1,000 feet in length,
the evidence and written request required by §
302-23B(2)(f)
must be supplied with the application.
M. Extension of filing time. Applications are expected
to be complete at the time of filing, with all aforementioned items
except such additional evidence the Commission may subsequently require
pursuant to §
302-13B(12). It is recommended that any applicant
failing to file a complete application (in expectation of supplying
missing material sometime after the filing) accompany his application
with a written request for an extension to a specified calendar date,
not to exceed 35 days from the time the application is submitted,
specifying the particular items he intends to complete on or before
that data and the reasons for not waiting until those items are ready
before filing the application. It is also recommended that the applicant
accompany this request with a written offer granting the Commission
a thirty-day extension to its statutory time limit, pursuant to C.G.S.
§ 8-7d.
The following procedures shall be followed by
the Commission in its formal consideration of the proposed subdivision
or resubdivision:
A. Receipt.
(1) The official receipt of an application shall be the
day of the next regularly scheduled meeting of the Commission, immediately
following the day of submission to the Commission or its agent of
such application, or 35 days after such submission, whichever is sooner.
(2) The date of receipt shall be the beginning of the
sixty-five-day period during which the Commission must make a decision
on the application, unless it holds a public hearing in accordance
with Subsection
B.
(3) In reviewing the application, the Commission 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. Detailed
engineering review of plans will not be initiated by the Commission
for subdivision plans that fail to comply with basic Zoning Regulation
criteria.The Commission will evaluate the application as submitted,
and may act on that application any time thereafter, from the day
of the official receipt until the end of the Commission's statutory
decision time. However, if the Commission votes to grant a filing
extension for certain specific items, in response to a request submitted
in writing by the applicant pursuant to §
302-10M, it will
not act on the application until either the extension time has lapsed
or the material for which the extension was granted has been received,
whichever comes first. Similarly, the Commission may act at a later
time if it has been granted a written extension by the applicant to
its statutory decision time. Applicants may submit additional supporting
information or revised plans after the date of filing, but prior to
the close of a public hearing (if one is held), and only in response
to potential deficiencies noted by the Commission or in response to
a request by the Commission for additional evidence pursuant to §
302-10K
of these regulations.
B. Public hearing.
(1) The Commission may vote to hold a public hearing on
any subdivision application. The Commission shall hold a public hearing
on any application for a resubdivision. Notice of the public hearing
shall be given by publication in a newspaper of general circulation
in the municipality at least twice at intervals of not less than two
days, the first not more than 15 days, nor less than 10 days, and
the last not less than two days prior to the date of such hearing,
and by sending a copy thereof by registered or certified mail to the
applicant.
(a) If a public hearing is held, the applicant shall post a sign, not
smaller than 36 inches by 36 inches, facing the street, and visible
from the street, bearing the following words with letters not less
than three inches high and provided by the Land Use Office:
|
PUBLIC NOTICE
|
---|
|
This property is the subject of an application
before the Haddam Planning and Zoning Commission.
For information, call the Land Use Office
at 345-8531.
|
(b)
Such sign shall be posted at least 10 days before
any public hearing (not including the day of the public hearing or
the day the sign is erected) on the application.
(c)
The applicant shall, at the time of the Commission
meeting at which the matter is to be acted upon, or at the time of
the public hearing, submit an affidavit of compliance with this provision
and a photo of the actual sign.
(2) Every applicant shall be afforded the opportunity
to appear before the Commission. All public hearings shall be held
within 65 days after receipt of the application, and completed within
35 days after the hearing commences.
C. Decision.
(1) A decision on an application for subdivision approval,
on which no hearing is held, shall be rendered within 65 days after
receipt of such application. A decision on an application for resubdivision
or subdivision approval, on which a hearing is held, shall be rendered
within 65 days after completion of such hearing. The applicant may
consent to one or more extensions of such period, provided the total
period of any such extension or extensions shall not exceed 65 days.
(2) Notwithstanding anything herein to the contrary, if
the application involves an activity regulated pursuant to C.G.S.
§§ 22a-36 to 22a-45, inclusive, the Commission may
not act until it receives a report from the Wetlands Commission with
its final decision. If the time for a decision would elapse prior
to the 35th day after a decision by the Wetlands Commission, the time
period for a decision by the Planning and Zoning Commission shall
be extended to 35 days after the decision of the Wetlands Commission.
D. The Commission, after a public hearing, if any, shall
make a decision on the subdivision or resubdivision application within
the period of time permitted in Subsection
C in conformance with one
of the following:
(1) Final approval.
(a)
Final approval shall be granted if the Commission
finds that the subdivision map and plans and accompanying Health Director
statement, other certificates, documents, and data conform to the
requirements of these regulations and all required subdivision improvements
have been completed, including, but not limited to, all drainage piping
and sediment control basins, underground utilities, fire protection
devices, street pavement binder course and curbing and a bond agreement
has been executed to guarantee completion of such improvements as
specified in Subsections
G and
H. The developer may seek approval
for a portion of the entire development in order to complete the development
in phases.
(b)
The Commission, in its sole discretion, may
allow construction of such subdivision improvements in sequential
segments upon such schedule as it may determine. A request for such
sequential construction must be made by the applicant. Appropriate
bonds for the completion of each such sequential segment will be required
as above. Only those areas or portions of the subdivision plan for
which improvements have been completed, as set forth above, and bonded
will be considered as having been granted final approval.
(2) Conditional approval. Conditional approval may be
granted if the Commission finds that one or more of the requirements
set forth in Subsection
D(1), Final approval, have not been met, with
the exception of the Health Director statement, which must have been
issued. Conditional approval may be granted after placing a notation
on the record subdivision map conditioning that no subdivided lot
of the property shown on the map shall be conveyed and no building
permit shall be issued for any lot shown thereon until the Commission
has granted final approval and the plan has been endorsed. Prior to
the removal of conditions prohibiting the conveyance of any of the
subdivided lots shown on the record subdivision map and the issuance
of a building permit for any subdivided lot shown on the map, the
applicant shall submit a certificate of compliance in the manner provided
in Subsection
J. The Commission shall grant final approval if it finds
that all of the requirements in Subsection
D(1), Final approval, have
been met. Conditional approval shall lapse two years from the date
it is granted, except that the applicant may apply for and the Commission
may grant a renewal for an additional period of two years at the end
of any two-year period. The record subdivision map shall note the
date on which such conditional approval expires. Any person, firm
or corporation who or which, prior to such final approval, sells or
offers for sale any lot subdivided pursuant to a conditional approval
shall be fined not more than $500 for each lot sold or offered for
sale.
(3) Conditional or final approval with modifications.
The Commission may specify in its decision additions or modifications
it would like to see made to the record subdivision map, plans and/or
other documents to preserve the purpose and intent of these regulations,
and, on the basis of these modifications, may grant either conditional
or final approval if it finds that all the requirements in Subsection
D(1), Final approval, or Subsection
D(2), Conditional approval, have
been met.
(4) Statement of decision. In granting final approval,
conditional approval, conditional approval or final approval with
modifications, or disapproval to an application, the Commission shall
state in its records any modifications or conditions and the grounds
for its action. Within 15 days of its action, the Commission shall
give notice of its decision by publication in a newspaper having a
substantial circulation in the Town and by sending a copy thereof
by certified mail to the applicant. Such notice shall be a simple
statement that such application was approved, conditionally approved,
with modifications if any, or disapproved, together with the date
of such action; but the applicant shall also receive from the Commission,
under the same cover with the copy of the published notice, a statement
of any modifications or conditions required, and the grounds for its
action. The Commission shall not be 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 before the
Commission.
E. Appeals. Any person aggrieved by the decision of the
Commission may appeal, within 15 days from the date when notice of
the decision was published, to the Superior Court for the judicial
district within which the Town lies.
F. Easements and deeds. Any open spaces for parks and
playgrounds to be dedicated to the Town and any easements for storm
drainage, sanitary sewers, or public rights-of-way 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.
Such easements and deeds shall be presented prior to endorsement of
the record subdivision map.
G. General provisions for map endorsement, completion
of improvements and bonding. The Commission may authorize endorsement
of the record subdivision and site development maps by the Chairman
or Secretary to permit the filing of said maps with the Town Clerk
as follows:
(1) Final approval endorsement. Endorsement of record
subdivision map signifying final approval shall be made only when
all required plans, a Health Director statement, other certificates
and/or documents such as easements and deeds, and all other requirements
for final approval have been completed or presented to the Commission
and the fifteen-day legal appeal period has elapsed.
(2) Conditional approval endorsement. Endorsement of the
record subdivision map signifying conditional approval shall be made
after notations and requirements for conditional approval, as outlined
in Subsection
D(2), have been placed on the record subdivision map.
After the completion of all subdivision improvements or the posting
of a performance bond to insure the completion of said improvements
and final approval granted by the Commission, map endorsement for
final approval shall be made in accordance with Subsection
G(1).
(3) Modification and approval endorsement. The Commission
may modify any element of a subdivision plan to conform with the standards
and requirements of these regulations and approve such plan as so
modified. Such modification may involve, for example, the alteration
of the size, shape, location, and boundaries of lots; or the elimination
of such lots for use as building sites in which case the record subdivision
map shall be appropriately marked with a conspicuous notation of such
elimination. Whenever the Commission shall modify and approve the
plan of subdivision, it shall be the responsibility of the applicant
to prepare and file revisions of all documents as deemed necessary
to reflect such modification with the Commission. No record subdivision
map shall be endorsed or delivered to the applicant until all such
revisions have been received by the Commission. The Commission shall
require whatever layout changes it feels are necessary to eliminate
or improve any problems relating to health, fire safety, traffic safety,
storm drainage, and the provision of future streets in accordance
with these regulations. Such requirements may include, though not
be limited to:
(a)
Traffic signs, control facilities, and area
lighting.
(b)
Improvement of sight distances.
(c)
Conformance to Plan of Development street plan.
(d)
Reduction of the number of driveways on streets
designated as arterial by the Plan of Development or as arterial or
collector streets in these regulations.
(e)
Widening, repaving, or otherwise improving existing
streets if the subdivision is to substantially increase traffic flow.
(f)
Additional storm drainage structures.
(g)
Hydrants, standpipes, water storage, or other
approved fire protection devices in accordance with a fire protection
plan in accordance with §
302-27 of these regulations.
(4) Completion of improvements and bonding. The Commission
may endorse a subdivision map, granting conditional approval, after
placing a notation on the record subdivision map that no part of the
property shown on the record subdivision map may be conveyed and no
zoning permit issued for any lot shown on said map until all subdivision
improvements have been completed to the satisfaction of the Commission
or a performance bond has been posted guaranteeing the completion
of the subdivision improvements.
(a)
Completion of improvements.
[1]
Should an applicant not intend to post a performance
bond, he may opt to construct the subdivision improvements. In this
case, the Commission may endorse the record subdivision map granting
final approval only after the applicant has submitted as-built plans
and documentation showing completion of the improvements (to the satisfaction
of the Commission) or after the applicant posts a performance bond
covering the incomplete portion of the required subdivision improvements.
[2]
All easements, street rights-of-way, and open
space to be deeded to the Town shall have a written geometric description
prepared, based upon survey data. In addition, a maintenance bond
covering the subdivision improvements may be required. A separate
cash performance bond shall be posted for all erosion and sediment
control and site stabilization measures.
(b)
Bonding.
[1]
To assure that proposed subdivision improvements
are completed, the applicant may opt to post a performance bond in
lieu of completing all required improvements prior to endorsement
of the record subdivision map. When a performance bond is to be posted
by the applicant, the bond shall be posted in an amount and in a form
acceptable to the Commission prior to:
[a] The endorsement of the record subdivision
map;
[b] The conveyance of any lot; or
[c] The issuance of any zoning permits.
[2]
A surety bond executed by a surety company is
not acceptable. A bond cannot be issued to satisfy that portion of
any subdivision approval where engineered septic systems are required.
H. Bonding criteria.
(1) Performance
bonds. To assure that a proposed development, excluding buildings,
conforms to an approved site development plan and other required documents,
a performance bond may be required by the Planning and Zoning Commission.
When a performance bond is required, it shall be posted prior to the
endorsement of the final site plan, the issuance of any zoning permits
and the sale of any lots. Approval of the plan shall become effective
on the date when a copy of an endorsed final plan and other required
documents are filed and recorded in the Office of the Town Clerk.
No construction work shall be started prior to final approval of said
subdivision plan.
(a)
A performance bond shall be posted in the Office
of the First Selectman in accordance with one of the following methods
and in a form that is acceptable to the Town Attorney:
[2]
Any other form of surety that the Commission
deems acceptable.
(b)
The amount of the performance bond shall be
established by the Commission. Applicants shall furnish the Commission
with a listing of the estimated amount of materials needed to complete
improvements. The bond shall cover the full cost of the improvements
as if let-to-bid by the Town without advantages of on-site building
materials or the sale of removed earth material. In addition, the
bond shall include an amount to cover the escalation of all improvement
costs over a two-year period.
(c)
The amount of the performance bond shall be
sufficient to cover the cost of any proposed or required site improvement
such as street grading; roadway paving and street planting; the installation
of curbs, gutters, storm drainage facilities, landscaping, sidewalks,
monuments, bridges, and culverts; erosion and sediment control measures;
site stabilization measures; and all other such improvements that
the Commission deems necessary to promote public health and safety
and to safeguard the Town from undue expense in regard to the future
maintenance of said improvements. All improvements shall be designed
in accordance with established standards, rules and regulations applicable
in the Town of Haddam. The Commission may require that a separate
cash performance bond be posted for all erosion and sediment control
and site stabilization measures.
(d)
Upon completion of the required improvements,
the applicant shall submit to the Commission:
[1]
As-built plans of the improvements (supplied
by a licensed engineer);
[2]
Certification of accurate monument location
(supplied by land surveyor);
[3]
Easements in a form satisfactory to the Town
Attorney, including a written geometric description of all such easements;
and
[4]
Proof of fulfillment of any other requirements
or conditions.
(e)
The Commission shall authorize the release of
the bond after all required improvements have been completed to the
satisfaction of the Commission and other appropriate Town departments.
In addition, a maintenance bond covering all site improvements completed
for the development may be required prior to the release of any performance
bond.
(f)
Terms. The maximum term of a performance bond
is five years from the date of endorsement of the record subdivision
map.
(g)
Modification of terms. All required subdivision
improvements are expected to be completed within the term specified
by the Commission. The Commission may extend the term of the project,
provided:
[1]
The owner requests an extension in writing,
specifying a new completion date;
[2]
The Commission and Board of Selectmen approve
the granting of an extension;
[3]
Consents and/or extensions are included in the
bond file and the bond updated accordingly; and
[4]
Extensions may be approved by the Commission
only upon the following findings:
[a] That the extension will not imperil
the health, safety and property values in the subdivision nor hinder
the reasonable use of lots in the subdivision for which title may
have been transferred;
[b] That the owner has presented a
reasonable program and schedule for completion of the work;
[c] That good cause for the extension
has been demonstrated by the owner, such as:
[i]
Assurance of better quality of construction;
[ii]
Weather conditions and other naturally causes outside the control
of the owner; or
[iii]
If the extension is not granted, risk of erosion or other consequences
related to the building season and the condition of the site; and
[d] That the extension is necessary
to achieve the reasonable completion of the required improvements
in a timely manner and not beyond the time when the improvements are
actually needed and must be functional.
(h)
Reduction of bond amount. Reduction of the face
amount of the performance bond may be recommended by the Commission.
All such requests shall be forwarded to the Board of Selectmen for
its review, comments and decision. In recommending any such bond reduction,
the Commission will be guided by the following:
[1]
That the reduction is made when the extent of
development that has taken place is not sufficient to warrant all
of the improvements previously required, or the required improvements
have been installed in sufficient amount to warrant the reduction.
[2]
That the application for the reduction is made
in writing by the owner.
[3]
That the Commission will request written reports
from the Town Engineer specifying the items of incomplete work and
providing an estimate of the current costs of completion; the Commission
will also request the owner to present as-built drawings of the construction
work prepared by a professional engineer.
[4]
That no reduction will be made until at least
80% of the required work is completed.
[5]
That no reduction will be made until all required
roads, drainage, water supply systems and sanitary sewerage are in
reasonable, functioning condition.
[6]
That the amount of which the face amount of
the bond is reduced will equal the current full cost of the incomplete
improvements, as well as the factor specified in Subsection
H(1)(c) above.
[7]
That there will be no reduction to an amount
less than $10,000.
[8]
That only one reduction of the face amount of
a bond will be approved.
[9]
That consents for reduction (copy of resolution
of the Commission) will be attached to the bond on file.
(i)
Default of bond. If the improvements are not
installed as required, the Commission is under no obligation to accept
the work. The Commission may recommend to the Board of Selectmen that
the bond be declared in default and that it take the necessary action
to call the bond.
(2) Maintenance bonds.
(a)
To assure proper maintenance of all site improvements
and structures, a maintenance bond in the amount of 10% of the estimated
cost of the site improvements shall be submitted to the Town and approved
by the Board of Selectmen. The maintenance bond shall be in effect
for a maximum of period of one year from the date the improvements
are accepted by the Town. The bond shall be posted prior to the issuance
of any certificates of zoning compliance. The applicant shall maintain
all site improvements and structures within the time frame of the
bond.
(b)
If the applicant fails to remedy any such defects
within a reasonable time, the Town may, without prejudice to any other
remedy, cause the required repairs to be made and paid for with the
proceeds of the maintenance bond.
I. Filing and recording. Any plan for subdivision shall,
upon approval, or when taken as approved by reason of the failure
of the Commission to act, be filed or recorded by the applicant in
the office of the Town Clerk within 90 days of the expiration of the
appeal period or, in the case of an appeal, within 90 days of the
termination of such appeal by dismissal, withdrawal or judgment in
favor of the applicant, and any plan not so filed or recorded within
the prescribed time shall become null and void, except that the Commission
may extend the time for such filing for two additional periods of
90 days and the plan shall remain valid until the expiration of such
extended time. All such plans shall be delivered to the applicant
for filing or recording not less than 30 days after the time of taking
an appeal from the action of the Commission has elapsed, and in the
event of termination of such appeal by dismissal, withdrawal or judgment
in favor of the applicant. The plans shall be filed and recorded by
the Town Clerk only if the approval of the Commission has been endorsed
thereon and only upon further certification by the Commission that
all the regulations set forth herein have been fully complied with.
J. Certificates 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 Commission may request the applicant to present
"as-built" drawings and a statement, signed and sealed by a land surveyor
or engineer licensed to practice in the State of Connecticut, certifying
that such surveyor and/or engineer has inspected all of the required
construction work and that all of the required improvements have been
completed in accordance with plans and specifications as approved.
K. Health Director statement required. When the subdivision
is not to be served by sanitary sewers and/or public water supply,
a Health Director statement from the Town Director of Health shall
be obtained, and submitted by the applicant, prior to approval of
the subdivision, certifying that the land to be subdivided and the
subdivision plans are and can be made satisfactory for private sewage
disposal and/or water supply systems.
L. Subdivision to be completed within five years of approval
of plan.
(1) Any person, firm or corporation making any subdivision
of land shall complete all work in connection with such subdivision
within five years after the approval of the plan for such subdivision;
the Commission's endorsement of approval on the plan shall state the
date on which such five-year period expires.
(2) In the case of a subdivision plan approved on or after
October 1, 1977, failure to complete all work within such five-year
period shall result in automatic expiration of the approval of such
plan, provided the Commission shall file on the land records of the
Town notice of such expiration and shall state such expiration on
the subdivision plan on file in the office of the Town Clerk, and
no additional lots in the subdivision shall be conveyed by the subdivider
or his successor in interest as such subdivider except with approval
by the Commission of a new application for subdivision of the subject
land. If lots have been conveyed during such five-year period, the
municipality shall call the bond or other surety on said subdivision
to the extent necessary to complete the bonded improvements and utilities
required to serve those lots. "Work," for purposes of this section,
means all physical improvements required by the approved plan, other
than the staking out of lots, and includes but is not limited to the
construction of roads, storm drainage facilities, the setting aside
of open space and recreation areas, installation of telephone and
electric services, planting of trees or other landscaping, and installation
of retaining walls or other structures.
(3) Any subdivision plan approved on or before October
1, 1989, shall expire not more than seven years from the date of such
approval.
(4) The Commission may grant one or more extensions of
time to complete all or part of the work in connection with a subdivision,
provided the time for all extensions shall not exceed 10 years from
the date the subdivision was approved.