The power under § 13a-48 of the Connecticut General
Statutes to accept proposed public highways and streets is delegated
to the Board of Selectmen according to the procedures set forth in
this article as they may be amended from time to time.
The following procedure shall be used when the owner of a street
proposes to convey it to the Town:
A. 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.
B. 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.
C. The Planning and Zoning Commission shall meet to consider the Town
Engineer's recommendation within 30 days after its receipt.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
The acceptance and recording of conveyances to the Town of easements
other than for open spaces and rights-of-way (exclusive of public
streets), as required by the Planning and Zoning Commission pursuant
to its regulations or as part of its approval of a subdivision, shall
be administered by the Planning and Zoning Commission according to
its regulations, rules and procedures.
In the event of an inconsistency between this article and any
other ordinance, the provisions of this article shall govern.
The purposes of this article are to simplify the procedure for
accepting streets and to designate which Town board shall have the
power to do so.