The following plans, maps and documents are hereby required
to be submitted with the application for final approval of a subdivision:
A. A written application on the form provided by the Commission.
(1) A certified check payable to the Town of Newtown in an amount in
accordance with the Fee Schedule, as determined from time to time
by the Commission, shall be submitted at the time of filing an application
for subdivision approval with the Commission's Administrative Assistant
during regular business hours.
[Amended effective 11-16-1998; 11-11-2002; 3-1-2004; 4-1-2008]
(2) The report on percolation tests and test pits by the professional
engineer, and the opinion of the Newtown Health Officer.
(3) The final subdivision plan delineating items listed in Subsection
E.
(5) Plan profile drawings, a drainage analysis map, and related documents complying with requirements in §
560-17.
(6) A performance bond estimate pursuant to §
560-17.
[Amended effective 4-14-2003]
(7) Deeds to the Town of Newtown for all street rights-of-way and sanitary
and storm sewer facilities and open spaces where appropriate.
(8) An erosion and sediment control plan (map and written report) as required pursuant to §
560-5.
(9) An exact computation, in cubic yards, of the amount of earth material
which will be excavated, removed, graded or added to the plot for
which the subdivision or resubdivision plan is submitted, prepared
by the applicant's licensed professional engineer. Such computation
shall differentiate between filing, excavation and removal. The Commission
may require the applicant to provide additional information in sufficient
detail to illustrate the computations submitted.
[Effective 4-11-1997]
(10)
A supplemental location map at a scale of one inch equals 1,200
feet that shows parcels of land that are within 5,000 feet of the
proposed subdivision which are currently reserved as open space, parks,
playgrounds or which are owned by the Town, the state, a land trust
or a forest association.
[Effective 3-30-1998]
(11)
A calculation of the areas within the entire subdivision and
within the proposed open space that are wetlands, watercourses, slopes
greater than 25% and rock outcroppings. Such information shall also
be delineated upon the supplemental map submitted with the application.
[Effective 3-30-1998]
(12)
An application for an aquifer impact assessment, if required pursuant to Chapter
595, Zoning, Part
2.
[Effective 6-21-1999; amended effective 4-1-2008]
(13)
Any subdivision of land five acres or more in area which has areas of special flood hazard shall provide the base flood elevation data and engineering analysis necessary for compliance with Chapter
136, Flood Damage Prevention, of the Code of the Town of Newtown. Any such application shall include the opinion of the designated Town staff and/or agency responsible for administration of Chapter
136 that the proposal is in compliance with the ordinance.
[Added effective 4-14-2003; amended effective 1-1-2007]
B. The name under which the proposed subdivision is to be filed in the
office of the Town Clerk and the name of the owner or owners shall
be indicated on all documents submitted as part of the application
for final approval.
C. Eleven copies of the application form, plans, maps and documents required pursuant to this section and §§
560-11,
560-12,
560-13,
560-15,
560-16 and
560-17, one check, and one set of any necessary warranty deeds and/or easements shall be submitted with the application for final approval of a subdivision.
[Amended effective 4-14-2003]
D. Applications for final subdivision approval shall be filed in the
Office of the Planning and Zoning Commission during regular business
hours with such persons authorized by the Commission to receive such
applications. No such application shall be considered filed or accepted
unless all of the documents specified in this section are included
in the application. It is the applicant's responsibility to determine
that all such documents have been filed. If any of the documents specified
in this section are missing from the application, it will be cause
for the rejection of the application without further consideration.
[Effective 5-5-1997]
E. Final subdivision plans.
(1) The dimensions of the final subdivision plan shall be 36 inches long
and 24 inches wide, or 18 inches long and 12 inches wide, or 18 inches
long and 24 inches wide.
(2) The final subdivision plan shall indicate disposition of land into
lots, streets, open spaces and drainage courses. It shall be based
on a boundary survey conforming to Class A-2 Transit Survey as set
forth in the code of the Connecticut Technical Council, Inc., dated
January 1945; and it shall be certified under appropriate seal as
recommended by the Board of Registration for professional engineers
and land surveyors of the State of Connecticut. Distances on the boundary
survey shall be to the nearest 100th of a foot, and bearings to the
nearest 10 seconds.
(3) Final subdivision plans shall indicate:
(a)
Title and boundaries of the proposed subdivision, total acreage,
name of owner, scale of map, zone designation(s) and North arrow.
If the subdivision plot is located in more than one zone, the zone
boundary shall be shown.
[Amended effective 4-14-2003]
(b)
Names of adjoining property owners, subdivision and existing
buildings within the subdivision.
(c)
Streets to be constructed, with stations, curve data, widths
of paving, rights-of-way and easements. Station pluses shall be used.
(d)
Proposed radii of curvature of intersections of streets and
proposed names of streets.
(e)
Proposed lots with dimensions, bearings and distances, lot areas in square feet or acres. The lot area calculation pursuant to Chapter
595, Zoning, Part 7, Article XXXII, § 595-167, shall be indicated for each proposed lot.
[Amended effective 4-14-2003; effective 4-1-2008]
(f)
Building setback lines as required by the Zoning Regulations
of the Town or Borough, as applicable.
(g)
Proposed public land areas and use.
(h)
Existing and proposed survey monuments.
(i)
Complete existing and proposed watercourses, wetlands, ponds
and drainage ways and FEMA flood boundaries.
[Amended effective 4-14-2003]
(j)
All easements necessary for the installation of sanitary or
storm sewers, or water mains, and other public utilities.
(k)
A key map shall show, at a scale of one inch equals 1,200 feet,
the relation of the proposed subdivision to existing Town streets
and public utilities.
(l)
The location of water storage tanks for fire suppression required pursuant to Chapter
595, Part 8, Article XLIX.
[Effective 9-30-1996; amended effective 4-1-2008]
(m)
The "minimum square" and the percentage of inland wetlands located
within the "minimum square," pursuant to the Town or Borough Zoning
Regulations, as applicable.
[Added effective 4-14-2003]
F. The final subdivision plan shall include all of the contiguous property
owned by the applicant at the time of submission, regardless of whether
or not a substantial portion of the applicant's land remains undivided.
Such remaining area shall be considered as a single lot, requiring
approval as a resubdivision before further division of the remaining
area occurs.
A supplemental map shall be submitted which shall show natural
features and existing and proposed development features within the
area to be subdivided and for a minimum of 100 feet beyond the boundary
lines. The map scale will be one inches equals 40 feet with a horizontal
accuracy of at least one foot per 100 feet and a vertical accuracy
of at least 1/2 contour interval. Sufficient temporary benchmarks
are to be field established and accurately (Class A-2 Transit Survey)
shown on the map to allow field location of important features, particularly
watercourses, wetlands, deep test pits, etc. The map shall be certified
as being correct to the stated accuracy by a land surveyor or professional
engineer licensed by the State of Connecticut.
A. The supplemental map shall show all significant natural features
existing in the area to be subdivided, and for a minimum of 100 feet
beyond the boundary lines. To be included, but not to exclude others
that may exist, are watercourses, wetlands, bedrock outcroppings,
stone walls, fences, outstanding large trees and wooded areas by foliage
lines.
B. The supplemental map shall include all proposed development features in the area to be subdivided, and for a minimum of 100 feet beyond the boundary lines. To be included, but not to exclude others that may exist, are buildings, other structures and fences; wells; streets, roads and driveways; location of all percolation tests and deep test pits [as required in §
560-25C(2)]; sewage disposal systems; and drainage easements.
C. The supplemental map shall include contours of existing and proposed
topography at two-foot intervals in relatively flat areas (grade of
10% or less) and in areas of regrading and proposed driveways. In
areas of greater than ten-percent grade and where there shall be no
development activity, contours may be at five-foot intervals. In all
cases, spot elevations shall be shown at high points and low points.
The contour map shall be based upon USGS mean sea level, and the method
of establishing contours must be noted.
D. The soil delineations shown on the soil survey map of the Soil Conservation
Service of the United States Department of Agriculture shall be shown
on the supplemental map, together with the wetlands as shown on the
wetlands map prepared by the Newtown Inland Wetlands Commission acting
as the Newtown Inland Wetlands Agency, pursuant to the authority of
the Inland Wetlands and Watercourses Act of the State of Connecticut.
[Amended effective 1-1-2007]
E. Said map shall also delineate the primary recharge area of any stratified
drift aquifers, depicted on the map entitled "Major Stratified Drift
Aquifers — Town of Newtown," occurring within the proposed subdivision.
F. Supplemental design materials. In addition to the requirements outlined in §
560-11 and Subsections
A through
E above, the following materials are expected application accompaniments that will assist the Commission in understanding the unique features of the site.
[Added effective 8-30-2004]
(1) Site context area map, prepared at a scale of not less than one inch
equals 400 feet with a radius of one mile from the center of the subject
parcel(s). The site context area map shall include the following information:
streets and street names; the subject parcel(s) outlined; existing
land use; watercourses; water bodies; known wetlands; parks; protected
open space; greenways; trails; viewsheds of the site from streets
within the mapped site context area; historical features; archaeological
features; and "endangered species" and "threatened species" and "species
of special concern" as identified by the Connecticut Natural Diversity
Database and as located on the Connecticut Department of Environmental
Protection's map titled "Significant Habitats and State Listed Species."
(2) Municipal and state environmental protection map of the subject parcel(s)
that identifies those areas of the site that fall under the direct
regulatory protection of the Town of Newtown and the State of Connecticut,
including watercourses, wetlands, floodplains, aquifers, protected,
endangered and species of special concern and slopes of 25% or greater.
Any development proposed within these areas shall be subject to existing
municipal regulation as part of the Town's policies to protect important
natural resources and environmental features. This information shall
be mapped on a topographic map containing two-foot contour intervals
at a scale of not less than one inch equals 100 feet.
(3) Site conservation features map that identifies site features to be
considered in designing a subdivision, including mature woodland areas,
open fields, state-designated farmland soils, nonhydric soils unsuitable
for development as published by the State of Connecticut Department
of Environmental Protection, stone walls, rock outcrops, historic
or archaeological factors, trails, views from within the site, easements
and neighboring features, including streets, houses, protected open
space, Town parks, state forests and state parks. This map shall have
topographic lines, at ten-foot minimum intervals, and shall be prepared
at a scale of not less than one inch equals 100 feet.
(4) Areas suitable for development that identifies the areas of the parcel(s)
that are most suitable for development. Said map shall be prepared
as an overlay of the municipal and state environmental protection
map at a scale of not less than one inch equals 100 feet and shall
include topographic lines, at ten-foot minimum intervals.
G. Archaeological, historical and cultural resources preservation.
[Added effective 5-19-2009]
(1) Subdivisions and resubdivisions shall be laid out to preserve all
significant natural, cultural, historical and archaeological features.
These shall be noted on the subdivision site and mapped on an archaeological,
historical and cultural resources map derived from expert testimony
to be of significant historical or cultural value.
(2) For the purpose of these regulations, the following items and words
shall have the following meanings:
ARCHAEOLOGICAL SITE
Areas of historic, prehistoric or symbolic importance, upon
which occurred important historic or prehistoric events, or which
are importantly associated with historic or prehistoric events or
persons or cultures, or which were subject to sustained historic or
prehistoric activity of man" (from the Department of the Interior's
definition as published in Preparation of Environmental Statement
and Guidelines for Discussion of Cultural Resources).
ARCHAEOLOGICAL SURVEYS
Professionally conducted surveys, carried out in accordance
with the standards and guidelines described in the Environmental Review
Primer consisting of the following levels of investigation: Archaeological
Assessment Survey (Phase 1), Reconnaissance Survey (Phase 2), and
Intensive Survey and Data Recovery Program (Phase 3).
CULTURAL RESOURCES
Consists of historic and prehistoric archaeological sites
and standing structures; cemeteries, human burials, human skeletal
remains and associated funerary objects and distributions of cultural
remains and artifacts.
ENVIRONMENTAL REVIEW PRIMER
The Environmental Review Primer for Connecticut's Archaeological
Resources, latest edition as published or available from the State
Historic Preservation Office or the State Archaeologist.
PROFESSIONAL ARCHAEOLOGICAL CONSULTANT
A professional archaeologist who has professional training
and experience and is included in the State Archaeologist and the
Connecticut Historical Commission/State Historic Preservation Office
list of recognized professional archaeologists.
(3) An archaeological assessment study shall be completed on any subdivision
submitted to the Commission. Results of the survey can be supported
by the Town of Newtown Archaeological and Historical Sensitivity Map,
generated by the Newtown GIS Department. If an archaeological or archaeological
assessment survey is significant, a complete archaeological assessment
survey and report shall be prepared in accordance with the standards
and guidelines described in the Environmental Review Primer and shall
accompany the application. The survey and report, prepared at the
applicant's expense, shall be conducted by a professional archaeologist
with credentials recognized by the state Historical Preservation Office
or the Office of the State Archaeologist.
(4) Where any portion designated for development within a subdivision
tract lies within an area identified as significant by the archaeological
assessment survey, an archaeological reconnaissance survey and report
shall be conducted at the applicant's expense.
(5) The archaeological reconnaissance survey and report shall specifically
identify, locate and describe all archaeological and historical resources
of the site and shall identify their boundaries. The report shall
also analyze and evaluate the archaeological and environmental data
and shall include mapping of resource-free areas.
(6) If a site is determined by the Commission, in its review of the application,
to possess significant archaeological or historical merit, it shall
withhold approval of the plan unless the applicant:
(a)
Restricts the full extent of the area found to possess historical
or archaeological significance, so as to preserve the same area free
from development, by means of a permanent preservation easement granted
to the Town or a recognized conservation entity, with perpetual rights
to conduct limited archaeological research on the same area at reasonable
times; or
(b)
Conducts, at the applicant's expense, an intensive archaeological survey and data recovery program. The professional conducting the survey and the methods used shall meet the requirements cited in Subsection
G(2). This survey and report shall clearly identify the portions of the site area which may be developed without detriment to the site's archaeological, historical and cultural context, significance and integrity.
(7) If a site contains development within areas where an intensive archaeological
survey has been conducted, the Commission shall seek to maximize the
protection and in situ preservation of archaeological resources. The
preservation program shall become a binding condition of any subdivision
approval, and the subdivision map approved by the Commission shall
clearly delineate the areas to be preserved or protected and the conditions
which govern their use. The applicant shall be responsible for all
costs associated with the preservation program.
H. Environmental impact report for subdivisions.
[Added effective 12-28-2009]
(1) All subdivision and resubdivision applications shall include an environmental
impact report (EIR), that addresses conduct which has, or which is
reasonably likely to have, the effect of unreasonably polluting, impairing
or destroying the public trust in the air, water or other natural
resources of the Town.
(2) The EIR shall be utilized by the applicant during the design phase
of the project to mitigate any potential negative environmental impacts.
(3) The EIR shall include an assessment of environmental issues and mitigation,
in addition to those covered by the Town of Newtown Inland Wetlands
Commission and regulations. These issues, as applicable to a specific
project, may include, but are not limited to, impacts on:
(a)
Ecosystem fragmentation, including plant and animal habitats
and wildlife corridors;
(b)
Inter-watershed basin transfer of surface waters;
(d)
Natural resources inventory;
(f)
Flora and fauna, including but not limited to threatened or
endangered species (i.e., food chain disruptions; diminished species
populations; changes in predator-prey relationships); and
(g)
The environment, public health and safety.
A contour map, based on USGS mean sea level datum, shall be
submitted, certified by a land surveyor or professional engineer located
in Connecticut. For relatively level areas, the existing contours
shall be shown at one-foot or two-foot intervals, with spot elevations
at high and low points. For rolling or rough land, existing contours
shall be shown at five-foot intervals, with spot elevations at high
and low points.
All easements necessary for the installation of sanitary or
storm sewers, water mains, or other public utilities shall be properly
executed by the owner of the proposed subdivision. The owner shall
deliver to the Commission all easements running to the Town and shall
deliver a letter from the appropriate public utility corporation stating
that the subdivider has tendered an easement to said utility.
Where the final subdivision plan discloses that a substantial
portion of the applicant's property is not divided into lots of the
minimum size permitted in the zone in which the property lies, and
it is apparent that future subdivision or resubdivision is contemplated,
then a further supplemental map shall be submitted showing the contemplated
layout of proposed streets and lots, with an indication of the sequence
in which the various areas shown on said map will be developed.
Plan-profile drawings of all proposed streets shall be submitted
with the subdivision plan. Plan-profiles shall be at a scale of one
inch equals 40 feet in plan, and one inch equals 40 feet horizontal
and one inch equals four feet vertical in profile. Elevations shall
refer to USGS datum. Drawings shall include the following:
A. Layout of proposed streets in both plan and profile indicating right-of-way
dimensions as shown on the final subdivision plan, width of right-of-way
and paving. Existing and proposed center line grade lines with stations
every 50 feet vertical curve data and percent of grade.
B. Typical cross-section of the streets with paving, shoulders, curbs
and ditches in detail.
C. Plan-profile maps shall also show all utility lines, encroachment
lines, and all easements for utilities, drainage, and other rights-of-way,
with location; size and inserts of existing and new culverts, and
the entire drainage system.
D. Drainage analysis map.
(1) A drainage analysis map shall show the tributary watershed area and
downstream area affected by run-off. Drainage computations shall consider
the entire watershed area; criteria and computations used in determining
pipe sizes shall be submitted on eight-inch by eleven-inch sheets.
(2) Where required in the judgment of the Commission, street intersections
shall be developed at a larger scale, showing catch basins, gutter,
road center line, curb and sidewalk elevations.
(3) Where required in the judgment of the Commission and based upon initial
review of the drainage computations, the street layout and profile
shall exclude the use of curbs and provide grassed shoulders or other
acceptable means deemed appropriate by the Commission to prevent excess
stormwater runoff and to ensure adequate on-site recharge.
[Amended effective 5-18-1992; effective 8-30-2004; effective 11-28-2005; effective 4-1-2008]
A. The Commission may hold a public hearing regarding any subdivision
proposal if, in its judgment, the specific circumstances require such
action. The public hearing shall be warned by the Commission as required
in Section 8-26 of the Connecticut General Statutes, as amended
B. The applicant shall provide written notice of the time and place
of such public hearing to persons who are owners of land which is
within 500 feet from the land which is the subject of the hearing.
The notices shall be on a form provided by the Commission and shall
be mailed no less than 10 days before the hearing date. The applicant
shall provide a certificate of mailing (Form PS 3877) and an affidavit
stating that the mailings were accomplished according to this section
to the Commission's Clerk before the date of the public hearing. The
Commission shall be exempt from this requirement.
[Added effective 8-30-2004; amended effective 4-1-2008]
A. The Commission may engage technical experts, at the expense of the
applicant, to review the plans and materials submitted by the applicant.
B. The need for such technical expert services shall be identified by
the Commission at the time of submission of an application, and the
cost for such services shall be paid by the applicant to the Commission
as a requirement for a complete application submission.
Requirements and procedures for the acceptance of streets shall be in accordance with Chapter
185, Road Construction.
[Added effective 12-27-2004; amended effective 4-1-2008]
A. It is customary for the Commission and staff to conduct informal
field inspections of land under consideration for subdivision development.
Certain field marking such as telephone pole numbers and other field
marks should appear on the survey maps to assist in field-identifying
the exact location of the land.
B. Applicants shall provide for the field marking of their development with labeled stakes at least two weeks before the public hearing. The following areas shall be staked: corners of subdivision plot; corners of open space areas and proposed accessways from existing streets; the center line of all proposed roads at the point where they meet the existing street and at the end of the proposed road. If the proposed road is lengthy, intermittent stakes should be placed between the two points. Wetlands marking should be renewed, and the pipes for the test pits for septic systems required pursuant to §
560-25C(2) and
(3) shall be marked with the test pit numbers.