These regulations of the New Milford Planning Commission shall
be known and may be cited as the "New Milford Subdivision Regulations."
(1)
It shall be the policy of the New Milford Planning Commission to
consider the subdivision of land and the subsequent development of
the subdivided plat as subject to the control of the Commission pursuant
to the considerations of Sections 8-125 of Chapter 126 of the Connecticut
General Statutes and in conformance with the New Milford Plan of Conservation
and Development for the orderly, planned, efficient, and economical
development of the municipality with respect to the environment.
(2)
The land to be subdivided shall be of such character that it can
be used for building purposes without danger to health or the public
safety, that proper provision shall be made for water, sewerage and
drainage, including the upgrading of any downstream ditch, culvert
or other drainage structure which, through the introduction of additional
drainage due to such subdivision, becomes undersized and creates the
potential for flooding on a state highway, and, in areas contiguous
to brooks, rivers or other bodies of water subject to flooding, that
proper provision shall be made for protective flood control measures
and that the proposed streets are in harmony with existing or proposed
principal thoroughfares shown in the plan of conservation and development
as described in Section 8-23, especially in regard to safe intersections
with such thoroughfares, and so arranged and of such width, as to
provide an adequate and convenient system for present and prospective
traffic needs.
(3)
The existing and proposed public improvements shall conform to and
be properly related to the proposals shown in the New Milford Plan
of Conservation and Development. These regulations shall supplement
and facilitate the enforcement of the provisions and standards contained
in building and housing codes, zoning ordinances, the town ordinance,
land use plan, and other pertinent documents.
These regulations are adopted to promote and ensure the orderly
development of land within the town so that the land, when subdivided,
can be used for building purposes without danger to health and safety
and for the following specified purposes:
(1)
To provide for adequate light, air, and privacy, to secure safety
from fire, flood, and other anger, and to prevent overcrowding of
the land and undue congestion of population.
(2)
To protect and provide for the public health, safety and general
welfare of the town.
(3)
To guide the future growth and development of the town in accordance
with the Town's Plan of Conservation and Development.
(4)
To protect and conserve the value of buildings and improvements upon
the land, and to minimize conflicts among the uses of land and buildings.
(5)
To protect the character and the social and economic stability of
the town and to encourage the orderly and beneficial development of
the town.
(6)
To guide public and private policy and action to make proper provision
for transportation, surface drainage, water supply, sewage disposal,
schools, parks, playgrounds, recreation, and other public requirements
and facilities, and in areas contiguous to brooks, rivers, or other
bodies of water subject to flooding, that proper provision shall be
made for protective flood control measures.
(7)
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the municipality,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building lines.
(8)
To establish reasonable standards of design and procedures for subdivisions
and resubdivisions, to further the orderly layout and use of land;
and to ensure proper legal descriptions and monumenting of subdivided
land.
(9)
To ensure that public facilities and services are available and will
have a sufficient capacity to serve the proposed subdivision.
(10)
To prevent the pollution of air and water; to assure the adequacy
of drainage facilities; to safeguard the water table; and to encourage
the wise use and management of natural resources including aquifers
and other drinking water sources throughout the town to preserve the
integrity, stability, and beauty of the community and the value of
the land.
(11)
To provide for open spaces and environmental protection through
the most efficient design and layout of the land, while reserving
the density of land as established in the Town's Zoning Regulations.
(12)
To preserve the natural beauty and topography of the town and
to ensure appropriate development with regard to these natural features.
(13)
To encourage energy efficient patterns of development and land
use, use of solar energy and energy conservation.
(14)
To ensure that proposed streets are in harmony with existing
or officially proposed streets and arranged and constructed so as
to provide an adequate and convenient system for the present and prospective
traffic needs.
(15)
To provide that proper provision shall be made for soil erosion
and sedimentation control.
Pursuant to the authority conferred by Chapter 126, Connecticut
General Statutes, 1958 Revision, as amended, the Planning Commission
of the Town of New Milford adopts these regulations controlling the
subdivision and resubdivision of land.
These regulations shall apply to any owner or the agent of any
owner of any land located within the Town of New Milford who, subsequent
to the effective date of these Regulations, subdivides or re-subdivides
land as defined by these Regulations.
Where any provision of these regulations imposes restrictions
different from those imposed by any other provision or provisions
of these regulations, the more restrictive provision or provisions
shall govern, subject to final decision by the Commission. These regulations
are not intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, statute, or provision of law. These regulations
are not intended to substitute for or govern any application proceeding
that may be required to be presented to any other local, state or
federal land use agency.
If any part or provision of these regulations or application
thereof to any person or circumstances is adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect or impair
the validity of the remainder of these regulations or the application
thereof to other persons or circumstances.
These regulations may be amended by the Planning Commission
after a public hearing on said amendment(s), for which hearing notice
is appropriately published as provided in the Connecticut General
Statutes, as amended.
The effective date of these regulations shall be June 2, 2001.
No subdivision or re-subdivision of land shall be made by any
person until a map for such subdivision or re-subdivision has been
submitted for approval by the Commission and has been endorsed by
the Commission and recorded in the Office of the Town Clerk.
No subdivision or re-subdivision shall be considered approved
until the Commission has endorsed its approval on the map.
The Commission, in reviewing any proposed subdivision or re-subdivision,
and the person proposing a subdivision or re-subdivision shall follow
the procedures hereinafter specified. The Commission shall not approve
any subdivision or re-subdivision unless it conforms to the standards
hereinafter specified. All required notices shall be published or
mailed in accordance with the provisions of Chapter 126 of the Connecticut
General Statutes, as amended.
The construction and installation of roads, drainage facilities,
and other improvements required by these Regulations shall not be
deemed authorized until the proposed subdivision or re- subdivision
has been approved.
Any person making subdivision or re-subdivision of land without
the approval of the Commission shall be subject to penalties in accordance
with the Connecticut General Statutes.
The Commission may, from time to time, by resolution adopt forms,
policies, procedures and interpretations for the administration of
these regulations.
All construction and installation of roads, drainage and other
improvements required by these regulations shall be carried out in
accordance with the Town road ordinance. The Commission may establish
such rules and procedures as are necessary to the proper supervision
and inspection of construction.
The Commission may waive certain requirements under these regulations
by a three-quarters vote of all the members of the Commission in cases
where conditions exist which affect the subject land and are not generally
applicable to other land in the area. No waiver shall be granted that
would have a significant adverse effect on adjacent property or on
public health and safety. The Commission shall state upon its records
the reasons for which a waiver is granted in each case.
Appeals may be filed in accordance with the Connecticut General
Statutes.
A land Use Fee shall be paid with each application in the amount
specified in New Milford's Land Use Fee Ordinance as adopted by the
Town Council effective September 10, 1992, as amended.
