A.
Proposed streets shall be appropriate to the topography and location, giving due consideration to contours, natural features, historic factors, and existing streets, and shall conform to the objectives of the Plan of Conservation and Development. Proposed streets shall be in harmony with existing or proposed principal thoroughfares shown in the Plan of Conservation and Development as amended from time to time, especially in regard to safe intersections with such thoroughfares. When required by the Commission, provision shall be made for future extension of streets into the adjoining land. Construction and layout of proposed streets shall conform to Chapter 185, Road Construction, including, without limitation, a minimum width of 50 feet and adequate storm drainage facilities. All stormwater drainage shall be designed to incorporate best management practices that are consistent with the Connecticut Department of Environmental Protection (DEP) nonpoint source management program and guidelines for pollution controls and shall be consistent with the DEP 2004 Connecticut Stormwater Quality Manual, as amended. If such drainage crosses land not owned by the applicant, easements must be provided to the Commission with the application.
[Amended effective 8-11-2003; effective 4-1-2008]
B.
When a proposed subdivision adjoins undeveloped land capable of being
subdivided, street rights-of-way (outlet streets) shall be provided
from the streets in the proposed subdivision to the boundary with
adjoining property at locations acceptable to the Commission. Outlet
streets shall be deemed streets for purposes of establishing setback
lines but shall not provide sole frontage for any lot shown in the
proposed subdivision, need not contain a temporary turnaround and
the improvement thereof shall not be considered a subdivision improvement
of the proposed subdivision nor be required as part of the proposed
subdivision bond filed for the proposed subdivision.
C.
Where it is possible for a street in a proposed subdivision to connect
with a temporary dead-end street in an existing subdivision or to
an unimproved street in an existing subdivision left for future improvement
as an outlet street to adjoining property, the plan-profiles of the
proposed subdivision shall show, and the application for final approval
shall include, all work required to connect and complete the outlet
street within the existing subdivision and the improvements and utilities
between the proposed and the existing subdivisions.
D.
Dead-end streets.
(1)
A permanent dead-end street is a street the end of which is blocked
from further extension by lots within the proposed subdivision. Temporary
dead-end streets are those which terminate at the boundary of the
proposed subdivision or for which an outlet street has been provided
from the end of the portion to be improved to the boundary of the
proposed subdivision.
(2)
Dead-end streets shall terminate in a turnaround 100 feet in diameter
with a completely paved level area 80 feet in diameter. The segments
of the turnaround on a temporary dead-end street outside the normal
street right-of-way width shall be dedicated to the Town for highway
purposes but with the restriction that said segments shall revert
to adjoining lot owners when the temporary dead-end street is extended
and the extension is accepted by the Town.
(3)
Permanent dead-end streets shall provide sole access to a minimum
of four lots.
(4)
No permanent or temporary dead-end street or series of dead-end streets
intersecting with each other shall provide the required street frontage
or provide sole access to an existing street for more than 15 dwellings
total. This restriction shall apply to a series of streets or a street
making a loop with itself, provided that such streets have only one
intersection with an existing street. For the purposes of this regulation,
the term "existing street" is defined as a roadway which has received
all the necessary municipal and state approvals to carry vehicular
traffic as a street on or before October 2, 1967, the date of adoption
of these regulations. The applicant has the burden of proving that
the street existed on October 2, 1967 and that it continues to exist.
[Effective 11-29-1999]
E.
Where the Commission classifies a proposed street pursuant to Chapter 185, Road Construction, as other than a local residential street, then the right-of-way of that street shall have the width required by Chapter 185, Road Construction, for the particular classification made. Where a proposed street may now or in the future carry other than neighborhood traffic, and where the location of such a street is shown on the plan of development, a right-of-way greater than 50 feet in width may be required by the Commission.
F.
Proposed subdivision streets shall intersect existing and other proposed
streets at right angles for a distance of at least 100 feet from the
intersecting street lines unless otherwise approved by the Commission.
Street lines at intersections shall be connected by a curve having
a minimum radius of 25 feet. Final approval will not be given where
streets are shown on the final subdivision plan intersecting with
each other at an angle of less than 60°.
G.
Where a proposed street or storm drainage system is to be integrated
or connected in any manner with a Connecticut state highway, final
approval will not be granted until the Connecticut Highway Department
has expressed its approval of said connection in writing to the Commission,
and all necessary permits have been secured by the applicant.
A.
No land shall be subdivided nor final approval given until or unless:
(1)
The right-of-way of the existing street or streets which provide
frontage to proposed lots or access for proposed streets is one which
has been established as a Town street or state highway, and the right
of the public to use said street shall not have been lost by abandonment.
Subdivision of land on private streets, roads or rights-of-way is
prohibited.
(2)
The final subdivision plan shows a street right-of-way dedicated
for public highway purposes at least 25 feet in width, measured at
right angles from the center line on either side of the center line
of the existing street right-of-way at all points where land in the
proposed subdivision abuts said existing street or streets. Unless
there is physical evidence such as well-defined stone walls, the center
line of the existing traveled portion of the street shall be presumed
to be the center of a street right-of-way. Where land on the opposite
side of the existing street from the proposed subdivision has been
subdivided subsequent to October 2, 1967, the twenty-five-foot measurement
shall be taken from the same center line as used by the prior subdivider
in showing the existing street right-of-way so that the resulting
width of the existing street right-of-way will be at least 50 feet.
(3)
No steps required by the General Statutes for the discontinuance
or realignment of streets or public highways shall have been taken
with reference to any existing street which provides frontage to proposed
lots or access to proposed streets.
(4)
Any application that proposes to direct the stormwater discharge
to enter the storm drainage disposal facilities on any existing street
shall be required to illustrate to the Town Engineer's satisfaction
that the storm drainage disposal facilities into which such drainage
will flow are adequate to carry the additional storm drainage from
the proposed subdivision. Where there are no existing storm drainage
facilities or if they are inadequate to carry the additional storm
drainage to be created by the development of said subdivision, the
Commission may disapprove the subdivision unless the legislative body
of the Town approves the expenditures for the construction or improvement
of said storm drainage disposal facilities or construction or improvement
of said facilities is included in the application for final approval.
[Amended effective 4-1-2008]
B.
Where a subdivision, in the opinion of the Commission, would require
unreasonably large expenditures by the Town to grade and improve existing
streets to serve vehicular and pedestrian traffic to be generated
by the proposed subdivision in a safe manner, the Commission may disapprove
said subdivision unless such expenditure has been approved by the
legislative body of the Town, or the grading or improvement of said
existing street or streets is included in the application for final
approval, or the subdivider has entered into a contract with the Town
for a nominal consideration to improve said existing streets to serve
the traffic to be generated by the proposed subdivision in a safe
manner. In the event that the subdivider intends to enter into such
a contract with the Town, a copy thereof and a plan and profile showing
the work to be done shall be submitted to the Commission prior to
final approval.
A.
The application for final approval shall provide that water supply, stormwater drainage and sanitary sewage disposal facilities can be installed with respect to all lots in accordance with the Newtown Sanitary Code. All facilities required to be installed by Subsection B hereof shall be shown on the appropriate plan-profile and installed under the supervision of the appropriate Town agency, and shall conform to the requirements of and be approved by the corporation or municipal department having jurisdiction.
B.
In subdivisions to which public water, public sanitary sewers or
public storm sewers are available, and all mains, conduits and laterals
to the street are available, each building lot, branch offsets, fire
hydrants or facilities of like nature necessary to a complete utility
system shall be installed by the subdivider without expense to the
Town.
C.
Prior to applying for final approval, the applicant must complete
the following tests:
(1)
Where private individual sewage (and wastewater) disposal systems
are proposed, the applicant shall complete one percolation test per
septic or wastewater system proposed within the area where the system
is to be located.
(2)
Where a septic (and wastewater) system is proposed, the applicant
shall dig test pits in accordance with the Newtown Sanitary Code.
Two test pits shall be dug to a depth of seven feet or refusal (bedrock)
where each such system is to be located and one in the reserve area.
Each of these test pits shall be marked with a four-inch-diameter
plastic pipe eight feet long placed vertically in the bottom of the
test pit before filing with the excavated soil. These pipes will be
marked with the test pit number.
(3)
All tests shall be made in locations recommended by the Newtown Health
Officer or his representative, and shall be conducted by a professional
engineer in accordance with the Newtown Sanitary Code. Said professional
engineer shall submit a report to the Commission showing the location
of each percolation test and test pit, together with the percolation
observed, soil characteristics and the depth to groundwater table.
The Commission may reject the results of any percolation tests or
deep pit tests conducted during the months of July and August, or
during an extended period of drought, or during January or February
as to deep pit tests, where it appears that such tests are not a true
indication of groundwater level or capacity for subsurface sanitary
sewage disposal. Before giving final approval, the Commission shall
request the opinion of the Newtown Health Officer as to whether or
not a proposed subdivision or any lot or lots therein are capable
of meeting the public health requirements of the State of Connecticut
and the Newtown Sanitary Code.
D.
Wetlands and watercourses.
[Amended effective 1-1-2007]
(1)
If an application involves land regulated as an inland wetland or
watercourse under the provisions of the Inland Wetlands and Watercourses
Act of the State of Connecticut and the Newtown regulations adopted
pursuant to the authority of said Act and the Newtown Inland Wetlands
Commission acting as the Newtown Inland Wetlands Agency has not already
reviewed the application, the applicant shall file an application
with said Inland Wetlands Commission no later than the day the application
is filed for the subdivision or resubdivision. The Commission shall
not render a decision until the Inland Wetlands Commission has submitted
a report with its final decision to such Commission. In making its
decision, the Commission shall give due consideration to the report
of the Inland Wetlands Commission.
(2)
In acting on the application for final approval, the Commission may
rely on the soil survey maps of the Soil Conservation Service of the
United States Department of Agriculture, pursuant to the authority
set forth in Section 8-2b of the Connecticut General Statutes (Rev.
1958), and the Wetlands Map which is part of the Wetlands Regulations
promulgated by the Newtown Inland Wetlands Commission acting as the
Newtown Inland Wetlands Agency.[1]
(3)
In the event that the application discloses that a portion of a lot
consisting of wetlands and watercourses is needed for construction
of any building, driveway, septic system, structure or regulated activity,
as defined by regulations adopted pursuant to the Inland Wetlands
and Watercourses Act, then the application shall be denied by the
Commission unless the applicant has received a license from the Newtown
Inland Wetlands Commission acting as the Newtown Inland Wetlands Agency
that such portion of the lot may be used for such purpose.
In any proposed subdivision in which a proposed street is to
be constructed, the subdivider shall require all utility facilities,
including without limitation telephone and electric lines, to be installed
underground at no expense to the Town. This section is not to conflict
in any way with the power of the Connecticut Public Utilities Commission
to regulate said public utility companies.
A.
For any subdivision, not less than 15% of the total area of the subdivision
shall be reserved as open space, parks and playgrounds. The location
and configuration of such reserved areas shall be in places deemed
by the Commission to be consistent with the open space objectives
outlined below. The subdivision applicant may initially propose the
location and size of the open space but the Commission may reject
the applicant's open space proposal and designate a different area
for said open space within the limits of this section. Generally,
the access way to any open space land and trails shall be provided
as part of the open space land. Trail easements over private land
are discouraged in favor of trail ownership in conjunction with open
space.
[Amended 4-26-2004]
B.
Open space objectives.
(1)
In determining the location, appropriateness, configuration and size
of open space, parks and playgrounds, the Commission shall be guided
by the goals and objectives for open space and recreation as set forth
herein, the recommendations of the Conservation Commission and in
the Plan of Conservation and Development. The Commission may consider
the effect which the proposed subdivision may have on the surrounding
neighborhood as a result of the elimination of undeveloped land and
the need to maintain a healthful environment. The characteristics
of the subject site and its proximity to existing and future open
space lands and greenways will be reviewed with respect to preserving
the rural, open character of Newtown, its visual quality and special
natural areas.
[Added effective date; amended 4-26-2004; 8-18-2008]
(2)
Open space shall be comprised of land that is characteristic of features
and topography as found upon the entire site. The supplemental map
for the proposed subdivision shall clearly show a calculation of the
percentage of steep slopes (greater than 25%), wetlands, watercourses,
and rock outcroppings, both on the entire site and in the area which
the applicant proposes to set aside as open space. The percentage
of land within the proposed reserved open space which is steep slopes,
wetlands, watercourses, and rock outcroppings shall be no greater
than the percentage of land within the entire subdivision parcel which
is steep slopes, wetlands, watercourses, and rock outcroppings.
(3)
The proposed plans may show greater than 15% of the total land to be set aside, so long as provisions of Subsection A are met.
[Amended effective 8-18-2008]
(4)
The land to be reserved for open space purposes shall be prioritized
as follows, starting with the most important:
(a)
The conservation and protection of wildlife habitat areas, natural
or scenic features and resources, historic or archeological features.
(b)
The meeting of neighboring and/or community-wide recreational
needs.
(c)
The expansion of existing open space and recreational areas
present on adjoining properties.
(d)
The preservation of agricultural lands and soils.
(e)
The preservation, relocation and/or enhancement of existing
trails having public access rights.
(f)
Connecting parcels of open space with existing or proposed greenway
corridors for pedestrian, bicycle or bridle paths.
(5)
If the Commission determines that the provisions of Subsection B(2) and (4) cannot be reconciled for a particular piece of property, the provisions of Subsection B(4) shall take precedence over the provisions of Subsection B(2), with determining factors as recommended in Subsection B(1).
[Amended effective 8-18-2008]
C.
The open space requirement of this section shall not apply if the
transfer of all land in a subdivision of fewer than five parcels is
to a parent, child, brother, sister, grandparent, grandchild, aunt,
uncle, or first cousin for no consideration, or if the subdivision
is to contain affordable housing, as defined in Section 8-39a of the
General Statutes, as amended, equal to 25% or more of the total housing
to be constructed in such subdivision.
D.
The Commission shall determine the most appropriate method of disposition of any open space after considering the relationship of the subject area(s) and its specific characteristics to the plan of development, the prioritized objectives cited in Subsection B(4), the desirability and suitability of public access and use, the lasting environmental or recreational benefit, and the scope of the subdivision proposal. The following disposition options may be utilized by the Commission: perpetual dedication to the Town, the state, a land trust or a forest association; or any combination of the above alternatives approved by the Commission.
[Amended effective 8-18-2008]
E.
The Commission may refer, for review and comment, any subdivision
plan and proposal for the provision of open space, parks and playgrounds
to any other appropriate agency as deemed necessary.
F.
Condition of open spaces, parks and playgrounds.
(1)
Open space areas shall be contiguous within the subdivision and shall
have direct access to a public street or, as appropriate, from any
existing park, public land, trail or greenway corridor. Typically,
abandoned railroad beds and certain trails within a subdivision shall
be set aside for open space rather than as an access easement over
private land.
[Added effective date; amended 4-26-2004]
(2)
Open space areas shall have a minimum width of 25 feet.
[Amended effective 8-18-2008]
(3)
Land to be provided as open space for the purpose of conservation
and protection of wildlife habitat and historic, archeological, natural
or scenic resources shall be left in a natural state by the subdivider.
Except for improvement as may be required by the Commission, open
space areas shall not be graded, cleared or used as a reposition for
brush, stumps, earth, building materials or debris. The Commission
may require that any land to be dedicated for recreational use be
cleared of brush, trees and debris; be graded to properly dispose
of surface water; be covered with organic topsoil to a depth of six
inches; be seeded with low-maintenance grass seed; be clearly marked
with lot pins and signs and be otherwise improved so that the land
is left in a condition appropriate to the intended use. When site
improvements are required, they shall be clearly shown on the record
maps and they shall be approved by the Commission prior to the filing
of the record map.
(4)
The Commission shall require that open space areas within the subdivision be marked with monuments, or other suitable markers, at its sole discretion. Such monuments and markers shall be indicated on the record map and shall be considered improvements for which the performance security as required in § 560-17 of these regulations shall apply.
[Amended effective 8-18-2008]
G.
Fee in lieu of open space.
(1)
In lieu of the requirement of Subsection A to provide open space and with the approval of the Commission, the applicant may pay a fee to the Town of Newtown or may pay a fee to the Town of Newtown and transfer land to provide open space. Such payment or combination of payment and the fair market value of land transferred shall be equal to 10% of the fair market value of the land to be subdivided prior to the approval of the subdivision. The fair market value shall be determined by an appraiser jointly selected by the Commission and the applicant, at the expense of the applicant. A fraction of such payment, the numerator of which is one and the denominator of which is the number of approved parcels in the subdivision, shall be made at the time of the sale of each approved parcel of land in the subdivision and placed in a fund in accordance with the provisions of the Connecticut General Statutes, as amended.
(2)
Fee payments in lieu of open space shall be deposited in a fund which
shall be used for the purpose of preserving undeveloped land or acquiring
additional land for open space, recreational or agricultural purposes
in accordance with the Connecticut General Statutes.
(3)
The applicant shall prepare and submit to the Commission a lien document
suitable for recording at the Town Land Records for each approved
lot in the subdivision plan. Each lien document shall state the exact
dollar amount to be paid to the Town at the time of sale of the lot
as required by the provisions of this regulation. A release of lien
for each lot shall be provided by the Town upon the Town's receipt
of the fee for each lot.
H.
When only part of the total contiguous tract owned by the applicant
is proposed for immediate subdivision, the Commission may, in lieu
of requiring open space, parks, and playgrounds in the portion being
subdivided, accept an option in favor of the Town for the dedication
of an area of the portion not being subdivided for open space parks
and playgrounds. Such an option shall be in a form acceptable to Town
Counsel, shall be irrevocable, shall specifically describe the area
to which the option applies, which cannot be required to be larger
than the area which could be required in the portion being subdivided,
and shall be executed with the formalities necessary to convey real
property in the State of Connecticut. Said option shall be accompanied
by a certificate of title signed by an attorney licensed to practice
in the State of Connecticut. Said option shall be accompanied by a
certificate of title which discloses liens, mortgages, or encumbrances
on the property. The applicant shall provide subordination agreements
or similar documents subordinating all such liens, mortgages or encumbrances
to said option. Said option shall be recorded in the Land Records
of the Town of Newtown and shall be exercisable by the Commission
upon approval by it of a subdivision of that portion of the tract
of land owned by the applicant containing said open space, parks and
playgrounds.
I.
Where ever possible, trees shall be left in the front yards of building lots. Where few trees are preserved, each lot shall have trees of not less than 2.5 inch caliper planted every 50 feet on center along the road by the subdivider at his expense. These trees shall be of a quality which meets the requirements of the American Association of Nurserymen, Inc. These trees shall not be planted in the area of the front yard lying less than 10 feet from the street line. Such tree planting shall be indicated on the record map and shall be considered improvements for which the performance security as required in § 560-17 of these regulations shall apply.
[Effective 3-30-1998]
[Effective 11-13-1989; 5-14-2001]
A.
Driveways shall be designed to accommodate essential service and emergency vehicles with minimum disturbance or alteration of the natural terrain and the indigenous character of the land. Proposed driveways shall be shown on the supplemental map submitted with the application and shall be designed and constructed so as not to cast water on the surface of any existing or proposed street and in compliance with Article IX of Chapter 185, Road Construction. Areas adjacent to the driveway must be graded to avoid erosion on or off the driveway.
[Amended effective 8-16-2004; 1-1-2007]
(2)
The Commission may allow a lot having adequate street frontage to utilize a shared driveway with a neighboring lot in accordance with the common driveway provisions of Subsection C, provided that the Inland Wetlands Commission has issued a written recommendation calling for a common driveway in order to avoid a wetlands disturbance or crossing for the driveway construction.
B.
Design standards. Driveways shall meet the following standards:
(2)
Travel width. The minimum travel width of the driveway shall be 10
feet. Driveways serving more than one dwelling shall at no point be
less than 16 feet wide.
(3)
Loading rates. All culverts and bridges located under a driveway
shall be designed to carry H20 live loads.
(4)
Grading. The driveway grade shall be 5% or less for the first 30
feet measured in from the edge of the street. For the purpose of this
regulation, the term "street" shall apply to both public and private
roadways. Driveways within the lot shall not contain grades greater
than 15% nor average more than 12%. Driveway sections having grades
of 12% or more shall be paved with bituminous concrete or other equal
all-weather surface, including 10 feet preceding and following the
12% or more grades.
[Amended effective 4-1-2008]
(5)
Parking area. An area for parking shall be provided in the driveway
within 30 feet of a dwelling. Such parking area shall have a minimum
length of 35 feet and a grade of not more than 5%.
(6)
Turning radius. The minimum center turning radius on driveway curves
shall be not less than 37 feet. Based on driveway configuration, the
Town Engineer may determine that a turning radius greater than 37
feet is required for proper accessibility and safety.
[Amended effective 4-14-2003]
(7)
Pull-off areas. Driveways longer than 250 feet shall include a pull-off
area to accommodate emergency vehicles. The minimum driveway width
at pull-off areas shall be 16 feet wide and a minimum of 25 feet long.
The maximum distance between pull-off areas shall be 250 feet. A common
driveway of 16 feet in width shall be deemed to have met the requirements
of this section.
C.
If the final subdivision plan proposes the creation of rear lots with access strips as permitted by Chapter 595, Zoning, §§ 595-178, and two such strips adjoin each other, the supplemental map shall show, in addition to driveways wholly within each lot as required above, a single, common driveway constructed of bituminous concrete not less than 16 feet wide from the street to the point where the shorter of (or both of) the access strips terminate, together with turnouts to permit passage of emergency vehicles at such intervals as dictated by good engineering practice. The common driveway may be anywhere within the two access strips. Estimates of the cost of construction of the driveway and associated drainage and landscaping shall be submitted by the professional engineer and included within the subdivision bond. The common driveway, drainage and associated landscaping shall be constructed by the subdivider as a subdivision improvement. The subdivider shall submit with the subdivision application an executed covenant and dedication establishing a cross easement on the shared access strips permitting ingress and egress by all lawful means and for all lawful purposes in favor of each lot, together with a requirement that the owner of each lot will, after both lots are improved, share equally the cost of, at a minimum, plowing and pothole repair. A lot shall be considered improved if construction of a structure other than the common driveway has begun on the lot.
[Amended effective 4-1-2008]
D.
The Commission may require the subdivider to locate access strips
to rear lots adjacent to each other in order to gain the benefits
of the common driveway provisions. Any final subdivisions plan which
contains adjoining access to rear lots shall show the common driveway
as it is to be built. Such subdivision plans shall contain the following
note for each set of adjacent access strips: "Lots (insert lot #)
and (insert lot #) share a common driveway." The owner of each such
lot shall have the right to enter the access strip of the other lot
for purposes of maintenance, repair or replacement of said driveway.
Lot sizes and road frontages shall meet the requirements of
the Zoning Regulations of the Town or Borough as applicable. Any lot
in a proposed subdivision on which a building or other improvement
is located shall meet the front, side and rear yard requirements of
the Zoning Regulations of the Town or Borough, as applicable,[1] except where the inability to meet said requirements arises
because of the relation of said existing buildings or improvements
with an existing building or improvements with an existing street
or property line. Side lot lines shall generally be at right angles
to straight street lines, or radial to curved street lines. Except
in cases of unusual topography property lines, through lots bounding
on two generally parallel streets will not be permitted. No parcel,
strip, blocking strip or other remnant of land incapable of being
a minimum lot in the zoning district in which it lies shall be left
in any subdivision.
The applicant shall obtain the Selectman's approval of all proposed
street names prior to submission of the application for final approval.
Street names shall be shown on all applicable documents submitted
to the Commission.
Stone or concrete monuments conforming to Town specifications
shall be set at the street line at all points of curvature, points
of tangency, single points and other intermediate points as may be
required by the Town Engineer, and monuments shall be as approved
by the Town Engineer and set as directed by the Town Engineer at the
subdivider's expense. The proposed location of said monuments shall
be indicated on the final subdivision plan.
Where not otherwise marked as set forth in § 560-32, lot corners shall be marked with iron pins at least 1/2 inch in diameter and set at least 18 inches in the ground, with part of said pin left visible above finished grade. Such pins and monuments specified in § 560-32 shall be set prior to the conveyance of said lot by the subdivider or his assignee.
Adjoining subdivisions and sections thereof and subdivisions
under the same ownership shall not duplicate lot numbers but shall
continue the sequence of numbers used previously. Generally, all lots
on the north and east sides of a street shall be even numbers and
lots on the south and west sides of a street shall be odd numbers.
[Amended effective 8-30-2004]
All documents required to be completed by a registered land
surveyor, professional engineer or landscape architect shall bear
the appropriate seal and certification.
A.
Subdivision plans of 10 or more lots approved more than three years
prior to October 2, 1967, must be submitted to the Commission for
reapproval if 40% or more of the lots therein remain in single ownership,
and such plans which have been approved within three years prior to
October 2, 1967, or approved after October 2, 1967, by virtue of Section
8-28b of the Connecticut General Statutes (Rev. 1958), shall be submitted
to the Commission for reapproval three years after original approval
if 40% or more of the lots therein remain in single ownership at the
end of said three-year period.
B.
Subdivision plans required to be submitted to the Commission in accordance with Subsection A above need conform only to the following requirements:
C.
For purposes of determining whether or not lots in a subdivision
are in single ownership, a person, partnership or corporation owning
land in a subdivision shall be considered as owning:
(1)
All the land which it owns, controls or has a right to control, either
directly or indirectly, individually or in conjunction with others;
and
(2)
All land which was conveyed with the intent to avoid complying with
this section; and
(3)
In the case of a corporation, all the land which is owned or controlled
directly or indirectly by any of the following persons or corporations,
or in which any of the following persons or corporations have an interest:
(a)
Shareholders, whether corporate or individual, of said selling
corporation;
(b)
Shareholders of any corporation shareholders, or of any corporation
in the corporate chain of share ownership;
(d)
Any corporation controlled, directly or indirectly, by one or
more of any of the above persons or corporations.
Subdivisions plans which were not and are not filed with the
Town Clerk within 90 days after receiving approval and subdivision
plans filed with the Town Clerk prior to February 8, 1956, are not,
and shall not be, considered as approved subdivision plans.
A.
Where the Commission finds that strict compliance with these regulations
would cause extraordinary hardship to An applicant seeking reapproval
of a subdivision pursuant to § 56-35 hereof, or an applicant
seeking approval of a subdivision, any part of which was shown on
a map filed in the Town Clerk's office prior to February 8, 1956,
and for which any building permit has been issued prior to October
2, 1967, with regard to any lot contained therein, it may permit a
variation from the sections hereof with which said subdivision would
otherwise have to comply. The Commission shall be guided by the amount
and nature of the work done in subdivision prior to October 2, 1967,
and by whether and to what extent full compliance with these regulations
would deprive the subdivider of the benefit of funds prudently invested
in said subdivision prior to said sale.
B.
No variation granted pursuant to Subsection A above all shall have the effect of nullifying the intent and purpose of these regulations or of Chapter 595, Zoning. In granting any such variation, the Commission shall attach such conditions as in its judgment may be necessary to fulfill substantially the requirements of these regulations, and it shall state in its minutes the reason for granting any such variation.
A.
Any owner of two or more contiguous lots who desires to combine lots into a single lot so as to destroy their separate identity may do as set forth in Subsection B below.
B.
Such combination shall be considered effective and the individuality
of the lots so combined considered destroyed when all of the lots
so combined are conveyed to another by a deed which describes the
property by reference to a survey showing only the perimeter of the
resulting lot or lots and said deed and the map to which it refers
are recorded in the Newtown Town Clerk's Office. Thereafter, said
land may not be divided without resubdivision approval.
