A.
The applicant should familiarize himself in advance with all state
and Town regulations relative to health, buildings, roads and other
pertinent data so that he is thoroughly aware of the obligations and
standards expected. He should study thoroughly the plan of development,
these subdivision regulations and the requirements contained therein.
B.
Prior to the submission of an application for the subdivision of
land and after becoming familiar with the documents and regulations
relative to the subdivision of land, the applicant may, and is encouraged
to, request in writing a preapplication review by the Commission.
It is expected that applicants will identify to the Commission any
unique features of the parcel that make it a candidate for a conventional
or an open space conservation subdivision as permitted herein. Applicants
are encouraged to provide sufficient information for the preapplication
review that will assist the Commission's understanding of the unique
features that will be preserved and enhanced with development.
[Amended effective 8-30-2004]
(1)
Nothing that is said or presented at the preapplication review by
any party shall be considered evidence nor shall it be binding on
the Commission in any subsequent application presented to the Commission.
(2)
After becoming familiar with the documents and regulations relative
to the subdivision of land, the applicant may request, in writing,
the Commission's interpretation of these and any other regulations
in order to save unnecessary time and expense due to a misunderstanding
and shall specify the sections of the regulations for which the applicant
desires the interpretation, together with a brief statement of the
problem and specific questions which the applicant has regarding the
regulations in question. The Commission may, but shall not be required
to, hold a conference with the applicant regarding the applicant's
request for an interpretation.
C.
Where a landowner desires the Commission to determine whether or
not an existing division of land constitutes a subdivision or resubdivision
pursuant to the authority vested in the Commission by Connecticut
General Statutes Section 8-26, the landowner shall submit copies of
all prior maps of the land in question, including without limitation
all maps which have been recorded in the Newtown Town Clerk's office,
together with copies of all deeds or conveyances relating to the tract
in question made or recorded from February 8, 1956, to the date of
the request.
D.
The written submission required by Subsections B(2) and C as conditions precedent to a conference may be waived as to specific requests by unanimous vote of the Commission members present and qualified to vote. The Commission may respond to such requests either by holding a conference or by letter.
[Amended effective 8-30-2004]
The subdivision application must have received final approval by the Commission and a final subdivision plan must be filed and recorded in the office of the Town Clerk before any owner or agent of the owner shall transfer, sell, or agree to sell any land from or in said subdivision. (See § 560-48 hereof.)
[Amended effective 5-26-2008]
The land to be subdivided shall be of such character that it
can be used for building purposes without danger to public health,
safety or welfare. The land shall not be subdivided if the subdivision
will endanger historical, archeological, natural or scenic resources.
Land subject to periodic flooding, poor drainage, steep slopes or
other hazardous conditions shall not be subdivided. Land with inadequate
capacity for subsurface sanitary sewage disposal shall not be subdivided
unless public sewers for said land are available or are to be installed
according to the application for final approval. In areas contiguous
to brooks, rivers or other bodies of water subject to flooding, proper
provisions for protective flood control shall be described and plans
therefor submitted with any application for final approval. Sewage
disposal and water supply installations shall be made in accordance
with the standards and requirements of the Newtown Sanitary Code and
the Connecticut Public Health Code. All such applications and the
plans and documents submitted therewith shall conform with these regulations,
the plan of development, all updated elements of the plan of development,
and all applicable local and state regulations, ordinances and statutes.
[Amended effective 4-1-2008]
In the event that the applicant intends to destroy or remove
the natural ground cover in excess of 1/2 acre, the applicant shall
submit an erosion and sedimentation control plan in accordance with
the requirements of the Zoning Regulations of the Town or Borough,
as applicable.[1]
[Effective 3-30-1998]
In laying out the subdivision plan, the applicant shall give
due regard to the preservation and potential enhancement of existing
natural features, large trees, stone walls, scenic points, historic
factors and other assets of a community nature.
[Effective 3-30-1998]
Removal of stripped topsoil or surplus earth materials from the subdivision area shall not be permitted other than in accordance with Chapter 595, Zoning.
[Added effective 8-30-2004]
Any applicant proposing a residential subdivision of land containing
20 or more acres or eight or more lots is encouraged to consider an
open space conservation subdivision (OSCS) as an alternative to the
development of a conventional subdivision.
[Added effective 8-30-2004]
Any applicant proposing a residential subdivision may apply
for an open space conservation subdivision (OSCS) if the open space
to be preserved by an OSCS will be adjacent to preserved open space
outside the parcel(s) boundaries or if the proposed OSCS will result
in the preservation and protection of one or more significant and/or
unique natural features, as determined by the Commission.
