Town of Haddam, CT Application Requirements and Procedures

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.

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.

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.

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.")

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.

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.

Additional evidence.

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.

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.

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.

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.

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:

Receipt.

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.

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.

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.[1]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.

Editor's Note: See Ch. 270, Zoning.

Public hearing.

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.

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.

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.

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.

Decision.

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.

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.

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:

Final approval.

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.

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.

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.

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.

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.

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.

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:

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.

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).

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:

Traffic signs, control facilities, and area lighting.

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.

(h)

Sidewalks.

(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.

Completion of improvements.

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.

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.

Bonding.

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.

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.

Bonding criteria.

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 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:

A cash bond; or

Any other form of surety that the Commission deems acceptable.

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:

As-built plans of the improvements (supplied by a licensed engineer);

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:

The owner requests an extension in writing, specifying a new completion date;

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:

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.

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.

Maintenance bonds.

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.

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.

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.

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.

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.

Subdivision to be completed within five years of approval of plan.

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.

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.