Proposed subdivisions and resubdivisions and all improvements
therein shall be designed and constructed in accordance with the following
standards and specifications and in accordance with appropriate ordinances
and special acts of the Town of New Milford.
2.1.1
Character of the Land. The land to be subdivided shall be of
such character that it can be used for building purposes without danger
to public health or safety.
2.1.2
Natural Features. The planning of any subdivision, including
streets, drainage, other improvements and building lots, shall give
due regard for the preservation and potential enhancement of natural
features of the tract, including but not limited to mature trees or
other plant materials which will serve as wind barriers and energy
conservation, scenic points, wetlands, watercourses, soil resources
and other assets of community interest.
2.1.3
Consistancy with Plan of Conservation and Development. Proposed
subdivisions shall reflect the development guidelines of New Milford's
Plan of Conservation and Development. That plan identifies areas to
be conserved in a rural character, other areas proposed for suburban
development and a central development area including commercial and
industrial areas along Route 7 and an urban residential area built
up around the Village Center.
Proposed building lots shall conform to the requirements of
the New Milford Zoning Regulations in effect at the date of the filing
of the application for final approval of such plan by the Commission.
The proposed lots shall be of such shape, size, location, topography
and character that buildings can be constructed reasonably and that
they can be occupied and used without danger to the health and safety
of the occupants and the public. In areas of severe topographic and
soils conditions, the Commission shall require such lots to each contain
an area meeting Zoning regulations and with adequate soil to accommodate
a private sewage disposal system and an appropriate reserve area in
conformance with State of Connecticut Health Codes. Any lot which
cannot provide such area or is otherwise found to be unsuitable for
occupancy and building by reason of water or flooding conditions,
unsuitable soil, topography, ledge rock or other conditions may be
eliminated. The following additional standards are applicable to proposed
building lots:
2.2.1
Access. Each proposed lot, except as hereinafter provided, shall
abut a street and shall have a safe and direct access to the street
via its own private driveway. The entire driveway must be located
on the lot which it serves. An interior or rear lot which lacks conventional
street frontage and is accessible by a permanent accessway no less
than 20 feet wide and owned in fee by the same ownership as the interior
portion shall connect to a street. Up to six lots may be permitted
to share a common driveway subject to the conditions and standards
for common driveways set forth below.
2.2.1a
Driveways: That portion of driveways commencing with
the street line shall be constructed in accordance with the Town road
ordinance.
1)
Pavement shall mean a minimum of 2 1/2 (after compaction) of
bituminous concrete or equivalent over a minimum of six inches of
compacted gravel.
2)
Except as provided in Subsection 2)(a) hereof, driveways shall not
exceed 15% maximum grade. Any driveway that exceeds 10% grade shall
be paved. Pavement shall be continuous from the edge of the street
line to a point where the driveway resumes a 10% or less grade.
(a)
Exception - Driveways steeper than 15% or unpaved driveways
steeper than 10% may be allowed by the Commission when it can be shown
by plans produced by a professional engineer that all drainage and/or
erosion will remain on the property served and will not in any way
affect a Town highway. This exception shall only apply to a driveway
serving a single home.
3)
The traveled portion of any driveway exceeding 5% grade will be above
the surrounding terrain and crowned to drain water to the sides. Where
the driveway passes through or along a cut, there shall be provided
a gutter of sufficient width and depth, in addition to the width of
the driveway, to handle run-off from the driveway and surrounding
terrain and be stabilized with rock, rip rap, or other approved means
to prevent erosion. Ample drainage shall be provided at the Town road
to handle additional runoff.
4)
For corner lots, driveways shall be located as far from the intersection
of the street lines of the lot as is practical, but a driveway shall
not be located within 60 feet of such intersection.
5)
The Commission shall require a bond in cash, passbook or other form,
in an amount acceptable to the Commission to ensure the completion
of all required driveway improvements in accordance with the provisions
of these regulations within a period of time specified in the bond.
2.2.1b
Common Driveways. That portion of a "common driveway"
as that term is defined in these regulations commencing with the street
line shall be designed and constructed in accordance with the following
standards:
1)
No common driveway shall be approved by the Commission unless the
applicant produces plans prepared by a registered professional engineer
showing the feasibility of constructing separate driveways, within
each lot, for each lot. The feasibility plan shall conform to the
driveway standards set forth in these regulations as well as the standards
set forth in "an ordinance covering the construction of driveways
intersecting Town highways," as the same may be amended, concerning
that portion of the common driveway located within the street line.
2)
The Commission shall require a bond in cash, passbook, or other form,
in an amount acceptable to the Commission for all common driveways
to ensure completion of all required driveway improvements in accordance
with the provisions of these regulations within a period of time specified
in the bond.
3)
All applications seeking permission to provide access to lots in
a proposed subdivision via a common driveway shall be accompanied
by a legally enforceable homeowner's maintenance agreement which shall
be subject to review and approval by the Commission, noted on the
record subdivision map and recorded with said map in the land records
of the Town of New Milford.
4)
Any proposed lot abutting a common driveway and a street shall have
access to the public road system via the common driveway unless one
of the following exceptions is applicable:
5)
All common driveways shall meet all applicable 911 requirements.
6)
Common driveways serving two lots shall be equipped with a hammer
head type turn-round at the end of the common use portion of the driveway
adequate to accommodate fire apparatus or other emergency equipment.
7)
Except as provided in Subsection 7)(a) hereof, common driveways serving
from three to six lots shall terminate in a turn-around of the common
driveway.
(a)
Exception: The Commission may allow a large hammer-head-type
turn-round in consideration of the short length of the common driveway.
8)
Pavement shall mean a minimum of 2 1/2 (after compaction) of
bituminous concrete or equivalent over a minimum of six inches of
compacted gravel.
10)
All common driveways shall have drainage systems designed by
a registered professional engineer and installed to accommodate all
surface and subsurface water. Drainage disposal shall be adequate
for the ten-year storm for the proposed development and shall not
increase the Town's obligations for additional storm drainage on existing
public roads.
11)
The minimum sight distance for a common use driveway shall be
the distance as listed for an intersecting street in New Milford Road
Ordinance (Intersections at Grade Minimum Sight Distance);[1] however, based on the facts before it, the Planning Commission
may allow a reduced sight line distance for a common use driveway
serving three lots or less. In no case shall the distance be less
than the stopping sight distance for the posted speed limit, as shown
in Table 1, New Milford Streets and Sidewalk Ordinances.
12)
The Commission shall approve common drive names. Common drive
name signs and stop signs shall include the label "Private" and be
supplied and installed by the developer and maintained pursuant to
the homeowners' maintenance agreement.
13)
A notation on the map of record shall clearly state the common
drive is not a public street.
2.2.2
Reserved
for future use.
2.2.3
Solar Design, Energy Conservation.
Applicants shall demonstrate to the Commission that they have considered,
in developing the plan, the use of passive solar energy techniques.
Passive solar energy techniques mean site design techniques that maximize
solar heat gain, minimize heat loss and provide thermal storage within
a building during the heating season, and minimize heat gain and provide
for natural ventilation during the cooling season. The site design
techniques shall include, but not be limited to:
2.2.4
Lot Lines. Insofar as practicable, lots should be regularly
shaped, the side lot lines of all lots should be at right angles to
the street on which the lot faces or should be radial to the street
line, unless the purpose of the lot line orientation other than those
mentioned is to secure greater solar access or protection or control
thereof.
2.2.5
Reserved for future use.
2.2.6
Reserved for future use.
2.2.7
Reserved for future use.
2.2.8
Trees and Topsoil. When required, each lot shall have two trees
of not less than 1 1/2 inch caliper at breast height planted
on it by the subdivider at his expense. These trees shall be of a
quality which meets the requirements of the American Association of
Nurserymen. These trees shall be planted in the area of the lot lying
not less than 10 feet from the street line. The Commission shall require
the planting of new trees in subdivisions which lack or are deficient
in trees. To the extent possible, existing trees shall be saved. Removal
of stripped topsoil from the subdivision shall not be permitted except
with the written permission of the Commission.
Proposed streets must intersect an existing street and shall
be planned to be appropriate to the topography and location giving
due consideration to contours and natural features. Streets shall
be planned to conform with the Town Plan of Conservation and Development
and designed to provide a safe and convenient system for the character
and volume of present and prospective traffic. The proposed streets
shall be in harmony with existing or proposed streets, especially
with regard to safe intersections. The Commission may require provision
to be made for future extension of proposed streets into adjoining
land.
2.3.1
Construction. Streets and that portion of driveways within the
street line shall be constructed and paved in accordance with the
Road Ordinance of the Town of New Milford as amended and the width
of pavement, cross-section, alignment, grade, vertical and horizontal
curves, curbs, sidewalks, ramps, storm drainage system, signage, traffic
control and other miscellaneous associated improvements shall conform
to the specifications set forth in the Road Ordinance.[1] The Commission may require seeding, sidewalks and such
grading as are appropriate to the area being developed.
2.3.2
Layout and Rights-of-Way. The minimum right-of-way for a proposed
street shall be 50 feet. The Commission may require a wider right-of-way
in commercial and industrial districts or when a proposed street is
anticipated to carry other than neighborhood traffic. Streets shall
be graded to the full width of the right-of-way.
2.3.2a
Existing Streets. A proposed street shall have at
least one intersection with an existing street in the Town of New
Milford. In cases where an existing street providing access to a subdivision
has a right-of-way less than 50 feet, a strip of land along the subdivision
frontage shall be deeded to the Town of sufficient depth to create
a right-of-way 25 feet wide from the center line of the existing street
to the subdivision property line.
2.3.2b
Dead-End Streets. Permanent or temporary dead-end
streets and dead-end street systems may be permitted at the discretion
of the Commission. They shall terminate in a turn-around as required
by the Town Road Ordinance. The full width of the right-of-way shall
be extended to the subdivision property line and shall be dedicated
to the Town. The Town will require title to the segments of the turn-around
outside the normal road right-of-way width. Title to such segments
will revert to adjoining property owners when the road is extended.
No dead-end streets within a subdivision or street systems within
a subdivision shall service more than 20 lots not including corner
lots at the entrance unless the Commission determines on the basis
of the facts before it, including but not limited to the horizontal
and vertical geometry of the proposed dead-end street, that it can
accommodate a greater number of lots without endangering the public
health, safety, convenience and welfare.
2.3.2c
Extension and Connections. Proposed streets which
may be projected into adjoining properties shall have their right-of-way
carried to the property line. No reserved strips shall be provided
in any subdivision between an adjacent property and such proposed
street and topographic maps submitted with the application should
demonstrate that extension into the adjoining property is feasible.
The Commission may require the improvements needed to make the connection.
The right-of-way shall be deeded with other streets to the Town of
New Milford. Where a proposed subdivision street pattern connects
to an unimproved street in an existing subdivision left for future
extension to abutting property, the proposed subdivision plans shall
show and include all work required to connect and complete the road
improvements and utilities between the proposed and existing subdivisions.
2.3.3
Street Names. All street names shall be subject to the approval
of the Commission. The applicant will check all proposed street names
with the Town Clerk's Office before submission to avoid duplication.
2.3.4
Monumentation. Stone or reinforced concrete markers not less
than four inches by four inches by 48 inches set so that the top is
five inches above the finished grade and clearly visible shall be
set at the point of curve and point of tangency of all curves in street
lines and at angle points and shall be used to mark the boundaries
of the subdivision.
Lot corners shall be marked with iron pins at least 1/2 inch
in diameter by 36 inches long where not otherwise marked as set forth
above. The developer shall provide and set such markers at his expense,
and shall attempt to keep them in full view at any and all times during
the development of the property.
The discharge of all stormwater from the subdivision shall be
into suitable streams or rivers or into Town drains with adequate
capacity to carry additional water. Where the discharge shall be onto
private property adjoining the proposed subdivision, proper easements
and discharge rights shall be secured by the applicant for the Town
before approval of the record subdivision map. When discharge is into
existing Town drainage facilities not capable of handling the additional
water, the existing facilities shall be replaced by the developer
to adequately carry the flow based on the design storm. Best available
practices shall be used to minimize soil erosion and sedimentation
of waterways during the construction of the proposed subdivision and
to assure a site which is stabilized and protected from erosion when
completed. No land shall be subdivided if the effect is to increase
the likelihood of flood hazard or flood damage in an area of special
flood hazard as defined in the floodplain management regulations of
the Town of New Milford.
2.4.1
Drainage Analysis. The drainage analysis shall consider the
entire tributary watershed area and downstream area affected by runoff.
All drainage facilities shall be adequately sized or replaced with
adequately sized facilities to accommodate the twenty-five-year storm
or such less frequent storm as required by the New Milford Road Ordinance
or recommended by the New Milford Director of Public Works. Analysis
shall be based on anticipated runoff at full development under current
zoning.
2.4.2
Construction. The construction of drainage facilities including
catch basins, pipes, swales, detention basins, culverts, manholes
and bridges shall conform to the specifications and methods set forth
in the Road Ordinance of the Town of New Milford as amended.[1]
2.4.3
Erosion and Sedimentation. The minimum standards for individual
control measures are those in the Connecticut Guidelines For Soil
Erosion and Sediment Control (1985) as amended and the appropriate
method from those guidelines shall be used to determine peak flow
rates and volumes of runoff.
All subdivision plans shall make proper provision for water
supply to all proposed lots.
2.5.1
Community Water Supply. In areas generally supplied by a community
water system the proposed subdivision shall be connected to such system.
The extension shall be designed and constructed in accordance with
the requirements of the water company and those of the New Milford
Department of Public Works as to the location of utilities within
the street. All necessary mains, branch offsets to each lot and fire
hydrants shall be installed by the developer without expense to the
Town. A letter from the public water company confirming the availability
of services shall be included with a submission proposing public water
supply.
2.5.2
Private Well Supply. An applicant proposing private wells serving
individual lots shall submit evidence of the feasibility of such supply
and such wells shall be located and installed in conformity with prevailing
health codes.
2.5.3
Fire Protection. The subdivider shall take into account the
need for adequate fire protection either by providing hydrants in
the water supply system or a fire suppression system approved by the
Commission within the subdivision, including necessary access easements
to such system.
All subdivision plans shall make proper provision so adequate
sanitary sewage disposal can be installed with respect to all proposed
lots.
2.6.1
Public Sewer System. In areas generally served by the public
sewer system, the proposed subdivision shall be connected to such
system. The extension of the system shall be designed and constructed
in accordance with the requirements of the New Milford Water Pollution
Control Authority (NMWPCA) and those of the New Milford Department
of Public Works as the location of utilities within the street. All
necessary mains, offset branches to each lot and pump stations (if
required) shall be installed by the developer without expense to the
Town. A letter from the NMWPCA confirming the service availability
shall be included with a submission proposing public sewer service.
2.6.1a
Future Service. In areas where the public sewer system
is planned but not yet available, the Commission may require installation
of capped dry sewer lines in the street as well as associated laterals.
2.6.1b
Conveyance. The Town will require a conveyance from
the subdivider to the Town of any sanitary sewer system installations
and appurtenances.
2.6.2
Septic Sanitary Disposal. Subsurface individual sewage disposal
systems shall be designed and installed in accordance with the requirements
of the Connecticut Public Health Code Regulations and Technical Standards
for Subsurface Sewage Disposal Systems.
2.6.2a
Site Tests and Sanitation Report. Where on-site sewage
disposal is to be provided, percolation tests, soils tests and groundwater
observations shall be within the perimeter of the proposed sewage
disposal systems for each lot as prescribed by the Connecticut Public
Health Code. The applicant shall install a segment of perforated pipe,
at least four inches in diameter, vertically from the bottom of every
test pit dug in the proposed subdivision to an elevation approximately
18 inches above grade or higher for groundwater table observation.
The Planning Commission shall be notified at least seven days in advance
of the performance of such tests. A professional engineer licensed
in Connecticut shall complete and submit to the Commission a report
including a map showing the numbered locations of the tests, the percolation
rates observed, the soil characteristics encountered, and the water
table elevations observed.
Utilities generally shall be located within the street right-of-way
on a side of and parallel to the street. Electric power, telephone
and other cable systems shall be placed underground in all subdivisions.
The Commission may waive this requirement where the utility company
has determined that safe underground installation is not feasible
because of soil or water conditions or other natural or man-made conditions.
New developments may stress existing infrastructures beyond
acceptable limits. The Commission may require reasonable off-tract
improvement necessitated by a new development and, in such instance,
shall require their inclusion with approved subdivision plans.
2.8.1
Types of Improvements That May Be Required.
2.8.1a
Drainage. If the existing system functions inadequately
or does not have adequate capacity to accommodate the applicant's
stormwater runoff given existing and reasonably anticipated peak-hour
flows, drainage improvements may include (but are not limited to):
installation, relocation, or replacement of storm drains, culverts,
catch basins, manholes, rip rap, improved drainage ditches and appurtenances,
and relocation or replacement of other storm drainage facilities or
appurtenances.
2.8.1b
Sanitary Sewers. If the existing system does not
have adequate capacity to accommodate the applicant's flow given existing
and reasonably anticipated peak-hour flows, sanitary sewer improvements
may include (but are not limited to): installation, relocation, or
replacement of collector, trunk, and interceptor sewers, pump stations,
and associated appurtenances.
Open spaces, parks or playgrounds shall be provided and reserved
in each subdivision for residential purposes and may be required in
commercial-industrial subdivisions as appropriate to accomplish objectives
such as:
To preserve and provide recreation areas, farmland, tree cover,
greenbelts, wildlife habitat and corridors, unusual terrain, land
forms or other natural features, and scenic and historic resources;
to supplement existing open space and recreational areas; to promote
the development of land in a way that is sensitive to the environment;
to promote development compatible with surrounding areas; to preserve
and protect inland wetlands, watercourses, and aquifers and to avoid
the potential for flooding, erosion and water pollution; to control
the extent to which steep slopes and problem soils are used for roadways,
sewage disposal systems and other aspects of development; and to preserve
the Town's rural character by providing and preserving compatible
streetscapes and other visual amenities along roadways.
2.9.1
Type and Amount of Open Space. The land reserved shall be of
such size, location, shape, topography and general character as to
be useful to accomplish the Commission objectives. The reservation
of land also shall conform to the New Milford Plan of Conservation
and Development pertaining to parks, playgrounds, recreation areas
and open spaces. Not less than 15% of the total area of the subdivision
shall be so reserved.
2.9.1a
Size Exception. The open space reservation requirement
shall not apply if the parcel to be subdivided is less than twice
the required minimum lot size plus 10% of the lot size required in
the zone.
2.9.1b
Family Sale Exception. The open space reservation
requirements shall not apply if the transfer of all land in a subdivision
of less than five parcels is to a parent, child, brother, sister,
grandparent, grandchild, aunt, uncle or first cousin for no consideration.
2.9.2
Access and Improvement of Open Space. The Commission may require
the open space to have direct access to a public street through an
access area which is at least 10 feet wide. Improvements to the accessway
may be required by the Commission. In cases where the open space is
intended as a link in a trail system, the Commission may require such
trail to be marked, cleared and improved in a manner appropriate to
the intended form of use.
2.9.3
Fees in Lien of Open Space. When conditions such as subdivision
size, population density, existing municipal facilities, topography,
or other site- or development-specific characteristics are such that
on-site open space is not desirable, the Commission may require the
applicant to provide a fee in lieu of open space or a combination
of land and fee.
2.9.3a
Amount. Such payment or combination of payment and
the fair market value of land transferred shall equal no more than
10% of the fair market value of the land to be subdivided before subdivision
approval. The fair market value shall be determined by an appraiser
jointly selected by the Commission and the applicant, with the cost
to be borne by the applicant.
2.9.3b
Method of Payment. 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 which shall be used for the purpose of preserving
open space or acquiring additional land for open space or for recreational
or agricultural purposes. Each approved lot on the subdivision plan
shall have a note placed thereon stating the exact dollar amount to
be paid to the Town at the time of sale of the lot as required by
these regulations.
2.9.4
Open Space Ownership and Preservation. The type ownership and
method of preservation for land dedicated to open space purposes shall
be selected by the applicant subject to Commission approval. Ownership
may include, but is not limited to: The Town of New Milford, pursuant
to the Town Charter; a nonprofit land preservation organization, also
subject to their acceptance; or a neighborhood lot owners' association.
The method of preservation conveyance may be a fee interest or a permanent
conservation easement.
2.9.4a
Owners Association.
If the open space is owned and maintained by an owners' association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application.
The provisions shall include, but are not necessarily limited to,
the following:
1)
The association must be established before any lot is sold.
2)
Membership must be mandatory for each buyer and any successive buyer.
3)
The open space restrictions must be permanent.
4)
The association must be responsible for liability insurance, local
taxes, and the maintenance of recreational and other facilities.
5)
Lot owners must pay their pro rata share of the cost of maintenance,
and the assessment levied by the association can become a lien on
the property if allowed in the master deed establishing the homeowners'
association.
6)
The association must be able to adjust the assessment to meet changed
needs.
7)
The association shall not be dissolved.
2.9.4b
Deed Restrictions. Any
land dedicated for open space purposes shall contain appropriate covenants
and deed restrictions (approved by the Town Attorney for Town-dedicated
property) ensuring that:
1)
The open space area will not be further subdivided in the future.
2)
The use of open space will continue in perpetuity for the purpose
specified.
3)
Appropriate provisions will be made for the maintenance of the open
space.
4)
Open space shall not be converted into a commercial for-profit enterprise.
5)
Rights of public access to the open space are provided when appropriate.
