Town of Easton, CT Acceptance of Conveyance of Streets

The following procedure shall be used when the owner of a street proposes to convey it to the Town:

The owner shall request the Town Engineer in writing to inspect the street and all other improvements installed or made in connection with it for the purpose of the Town Engineer's recommending to the Planning and Zoning Commission that the street and improvements have been constructed and completed according to the Town's road ordinances and Subdivision Regulations and the decision of said Commission approving the subdivision where the street is located. The owner's request shall include the owner's certification that the street and improvements have been constructed and completed as described herein. The owner shall provide the Planning and Zoning Commission with a copy of the owner's request and certification.

If the Town Engineer shall so recommend, he shall also advise the Commission:

(1)

That all required as-built drawings have been received by him and approved by him as complying with the Subdivision Regulations;

(2)

Of the amount of the proposed maintenance bond to be filed by the owner under Section VIId(3) of the Subdivision Regulations; and

(3)

Of such recommendations as the Town Engineer may deem appropriate regarding acceptance of the street and/or its maintenance.

The Planning and Zoning Commission shall meet to consider the Town Engineer's recommendation within 30 days after its receipt.

The Planning and Zoning Commission shall decide within 30 days after the conclusion of its meeting whether to recommend to the Board of Selectmen as to the items listed in Subsection B and notify the owner of its decision. If the Planning and Zoning Commission shall so recommend, it shall accordingly advise the Board of Selectmen, including the amount of the proposed maintenance bond and such other recommendations as the Commission may deem appropriate regarding the acceptance of the street and/or its maintenance.

Within 30 days after the Planning and Zoning Commission's decision to recommend to the Board of Selectmen, the owner shall request the Board of Selectmen to accept the street as a public street. The owner's request shall include a list of the names and addresses of the owners of all lots abutting the street. The owner's request shall also include the following documents:

(1)

Form of proposed maintenance bond.

(2)

Proposed warranty deed for street.

(3)

Certificate of title to the Town to be signed by a Connecticut attorney, certifying that title to the street is free and clear of all encumbrances except those imposed by law.

(4)

Evidence that all real property taxes on the street have been paid to the date of conveyance.

(5)

Proposed Connecticut conveyance tax returns.

(6)

Form of notice to be given abutting lot owners.

After the Board of Selectmen has completed its review of the recommendation by the Planning and Zoning Commission and Town Counsel has completed his or her review of the documents enumerated in Subsection E, the Board of Selectmen shall place the owner's request on an agenda of a Selectmen's meeting to be held not sooner than 10 days before such meeting or more than 30 days after it.

The Board of Selectmen shall cause notice of its meeting at which the owner's request shall be heard to be published in a newspaper having a circulation in the Town. In addition, the owner shall give notice by registered or certified mail of the date, time and place of the meeting to all owners of lots abutting the street and shall certify to the Board of Selectmen that such notice has been given. The Board of Selectmen shall not act upon the owner's request until the owner can so certify.

The Board of Selectmen shall notify the owner of its decision regarding the owner's request within 30 days after the completion of the meeting at which it was heard. If the owner's request is granted, the owner shall cause the owner's attorney to complete the recording of the deed for the street and the certification of title with respect thereto, all at the owner's expense. The owner shall also deliver to the Planning and Zoning Commission the completed subdivision maintenance bond for action by the Commission, including release of the subdivision improvements bond pursuant to the Commission's Subdivision Regulations.