No subdivision of land shall be made until a plan for such subdivision
has been approved by the Commission. Any person, firm or corporation
making any subdivision of land without approval of the Commission
shall be fined not more than $500 for each lot sold or offered for
sale or so subdivided (Section 8-25(a), September 1997 Connecticut
Planning and Zoning General Statutes).
The New Milford Planning Commission recommends that, before
to submission of an official application for approval of a subdivision
or re-subdivision, the applicant prepare and present to the Commission
at a meeting a preliminary plan of the subdivision or re-subdivision
for informal consideration by the Commission. The preparation of the
preliminary plan is recommended to facilitate general consideration
of factors and problems affecting development of the land to be subdivided
or resubdivided before the applicant proceeds with the official application
and the preparations of final maps, plans and documents required for
formal consideration by the Commission. If the subdivision plan is
presented in preliminary rather than in final form, any alterations
or changes recommended by the Commission may be made more readily
and economically by the applicant. Neither the preliminary plan nor
the informal consideration by the Commission, however, shall be deemed
to constitute any portion of the official and formal procedure of
applying for and approving subdivisions or re-subdivisions of land
as contemplated under the provisions of the General Statutes of the
State of Connecticut.
In particular, neither the preliminary plan nor the informal
consideration by the Commission shall be deemed to constitute part
of the official procedure described in Chapter 126, of the 1958 Revision
of the General Statutes of the State of Connecticut as amended nor
should it be binding on either the Commission or the applicant.
3.1.1
The applicant(s) should avail himself of the assistance of the
Commission before preparation of applications or plans to save unnecessary
time and expense due to a lack of understanding of the Regulations.
3.1.2
The applicant(s) should familiarize himself in advance with
state and Town Regulations relative to health, buildings, roads and
other pertinent data so that he is thoroughly aware of the obligations
and standards expected. He should study these subdivision regulations
and the requirements contained herein thoroughly.
3.1.3
He should consult with parties potentially interested with him
(such as lending and mortgage institutions) and with the ultimate
users of the development with a view to reaching firm conclusions
regarding what part of the market demand should be served, the suitability
of the location of the proposed subdivision, and the most advantageous
subdivision plan and other features of the proposed development.
The applicant to the New Milford Planning Commission shall submit
an official "Application For Approval" including the required forms,
reports, maps, data and exhibits as set forth below.
3.2.1
The submission for a formal application shall include the following:
a)
Written application, the Commission's form, including names of partners
or members or shareholders with 10% or more interest.
b)
Application fee.
f)
Reserved for future use.
g)
Record subdivision map (see Section 4.5).
h)
Construction plans and engineering reports (see Section 4.6).
i)
Site land use development, grading and landscaping plan (see Section
4.8).
j)
Erosion and sedimentation control plan (see Section 4.8).
k)
Copy of restrictive covenants.
l)
Copy of deed demonstrating title as of application date.
m)
Affidavit of transfers since September 20, 1958.
n)
A release granting the Commission members or its agents permission
to enter the property during the application process or while the
Commission holds a bond.
o)
Names and addresses of adjacent property owners.
p)
A table showing the percentage of steep slopes and wetlands for each
lot.
For all subdivisions of more than four lots, the applicant shall
post a sign at least three feet by four feet with four-inch letters
on the property visible from each street which presents public notice
of the proposed subdivision activity.
In the case of a proposed "affordable housing development",
the formal application shall include the above items plus:
q)
Copy of deed covenants to maintain affordability.
3.2.2
Day of Receipt. The receipt of an application request or appeal
shall be the day of the next regularly scheduled meeting of the Commission,
immediately following the day of submission to the Commission or its
agent of such application, request or appeal; or 35 days after such
submission, whichever is sooner.
3.2.3
Completeness of Submission. The Commissions shall review the
submission and make a finding as to whether it is complete or incomplete.
When an application is found to be incomplete, the Commission may
allow the applicant until the next regularly scheduled meeting to
make the application whole. If an application remains incomplete at
the next regular meeting following its submission, it shall be denied
without prejudice except that, if an applicant is present when such
finding is made, he may be given the opportunity to withdraw the application.
3.2.4
Public Hearing. The Commission may schedule a public hearing
on a subdivision application if in its judgment the circumstances
require such action. The Commission shall hold a public hearing on
any application for a re-subdivision, cluster housing development,
planned residential development or affordable housing development.
Notice of time and place of such hearing shall be published in a newspaper
having a general circulation within the Town of New Milford in accordance
with the provisions of the General Statutes of the State of Connecticut,
as amended, and by sending a copy thereof by certified mail to the
applicant. The applicant shall post a three-foot-by-four-foot sign
with four-inch letters on the property visible from the street which
presents public notice of the proposed subdivision activity and the
date, time and place of the scheduled hearing. The applicant shall
notify abutting owners in writing at least 15 days before the public
hearing by certified mail, return receipt, regarding the proposed
subdivision activity and the date, time and place of the scheduled
hearing and the proof of notice shall be made part of the hearing
record. When a public hearing is scheduled, it shall commence within
65 days after receipt of the application and shall be completed within
30 days of commencement.
The Commission shall formally consider the proposed subdivision
or re-subdivision after the complete application has been submitted.
The application for approval of a proposed subdivision or re-subdivision
shall be considered complete when the Commission, at the regular meeting,
has made a determination that all the application requirements of
these Regulations have been fulfilled by the applicant. In reviewing
the application, the Commission shall consider the proposed subdivision
or re-subdivision and shall determine whether the maps, plans and
accompanying certificates and documents conform to the requirements
of these Regulations. The Commission may request the applicant to
submit such additional information that it deems necessary to make
a reasonable review of the proposed subdivision in accordance with
the requirements of these Regulations.
3.3.1
Every applicant shall be afforded the opportunity to appear
before the Commission. If no public hearing is conducted, notice shall
be given to the applicant by mail not less than seven days before
the date of the Commission meeting at which the applicant will be
afforded the opportunity to appear before the Commission; and such
notice shall advise the applicant of the date, time and place of the
Commission meeting.
3.3.2
The Commission may refer the application to other agencies,
commissions or consultants to review and comment on the proposed application
within their areas of concern and expertise.
3.3.3
When the land proposed for subdivision or re-subdivision abuts
or includes land in a neighboring community, the Commission shall
refer the application for advisory comment to the Housatonic Valley
Council of Elected Officials and, if such community is Kent, Washington
or Roxbury, also to the Northwestern Connecticut Regional Planning
Agency.
3.3.4
When any portion of land proposed to be subdivided or re-subdivided
is a) within 500 feet of an adjoining town, b) will generate significant
traffic over the streets of that town, c) will significantly affect
the drainage or sewerage system of that town or d) will create water
runoff affecting facilities or property in the adjoining town, then
the Commission shall notify the clerk of that adjoining municipality
of the pendency of the application and no hearing may be conducted
on such application unless the adjoining town has received such notice.
3.3.5
When any portion of land proposed to be subdivided or re-subdivided is within the watershed of a water company as defined in C.G.S. § 16-1, and which company has filed a map of its watershed boundaries on the land records of New Milford, the applicant shall provide written notice of the application to the water company and submit evidence of such notice to the Commission at the time of application.
On any application, request or appeal for which a public hearing
is scheduled, the Commission shall render its decision within 65 days
after the hearing is closed. In case on which no public hearing is
held, the Commission shall make its decision on the application within
65 days after the regular meeting at which the application is received.
The applicant may consent in writing to one or more extensions of
the sixty-five-day period provided any such extension or extensions
shall not exceed a further period of 65 days. If an application involves
wetlands activities and the time for a decision by the Planning Commission
would elapse before the 35th day after a decision by the Inlands Wetlands
Commission, the time period for a decision shall be extended to 35
days after such agency's decision. The provisions of this subsection
shall not be construed to apply to any extension consented to by an
applicant.
The Commission, after the public hearing, if any, or after meeting,
shall approve the subdivision application if it finds the subdivision
map and plans and accompanying certificates, documents, and data conform
to the requirements of these Regulations. Such approval shall include
and be conditioned upon the following:
3.5.1
Completion of all required subdivision improvements, or the
posting of a bond guaranteeing such completion;
3.5.2
Reserved for future use.
3.5.3
Presentation of a copy of a permit from the ConnDOT for any
proposed road or storm drainage system which joins with a state highway,
which permit shall include all potential drainage flow from the subdivision
and all land in the watershed draining through the subdivision;
3.5.4
Presentation of evidence that final arrangements have been made
for provision of any proposed sewage disposal system and/or water
supply system; and
3.5.5
Presentation of a copy of a report from the Inland Wetlands
Commission concerning any proposed modification of wetlands and watercourses
and/or other matters within the jurisdiction of said Commission proposed
in connection with construction of required subdivision improvements.
The Planning Commission shall not render a decision until the Inland
Wetlands Commission has made its final decision.
If an application involves a wetlands activity and the time
for a decision by the Planning Commission would elapse before the
35th day after a decision by the Inland Wetlands Commission, the time
period for a decision shall be extended to 35 days after such agency's
decision. The provision of this subsection shall not be construed
to apply to any extension consented to by an applicant.
3.5.6
In granting approval, the Commission may attach such conditions
that it deems necessary to modify the subdivision map, plans, or documents
to preserve the purpose and intent of these Regulations. If the Commission
does not approve the subdivision application and all the accompanying
maps, plans, certificates, and documents, it may modify and approve,
or disapprove the application. In approving, modifying, or disapproving
an application, the Commission shall state in its records any conditions
of approval and modifications required, and the grounds for its action.
3.5.7
Notice of the Commission's decision shall be published in a
newspaper having a substantial circulation in the Town and addressed
by certified mail to the applicant, by the Commission staff, in any
written, printed, typewritten, or stamped form, within 15 days after
such decision has been rendered. Such notice shall be a simple statement
that such application has been approved, modified and approved, or
disapproved, together with the date of such action but the applicant
shall also receive from the Commission, under the same cover with
the statement, copy of the notice of its decision, any conditions
of approval, any modifications required, and the grounds for the Commission's
action.
In lieu of the completion of the work or the provision of a
100% bond as provided herein, the Commission may authorize the filing
of a plan with a conditional approval endorsed thereon. The conditional
approval is intended to allow construction of infrastructure improvements
to begin in accordance with plans, but not to authorize the sale of
lots or construction of homes. Any request for conditional approval
must be accompanied by a cash bond in the amount of 10% of the estimated
cost of the infrastructure improvements required by the Commission.
Any conditional approval shall be specifically conditioned upon the
actual construction, maintenance and installation of utilities and
improvements require by the Commission, or the provision of a bond
to guarantee performance of such items. A final approval will be endorsed
on the plan upon the occurrence of either completion of the improvements
or posting of such bond. Any conditional approval shall lapse three
years from the date it is granted; the developer may apply for and
the Commission may grant a renewal of such conditional approval for
an additional two years. Any person, firm, or corporation, prior to
such final approval, who sells or offers for sale any lot subdivided
pursuant to a conditional approval shall be fined not more than $500
for every lot sold or offered for sale.
The applicant shall execute an agreement and file a subdivision
bond with the Planning Commission Office to guarantee infrastructure
completion within an initial time period of five years or less with
additional time periods subject to Commission approval of extensions.
The bond shall be acceptable to the Commission.
3.8.1
General. In accordance with the procedures and requirements
herinafter specified and of the Zoning Regulations, the Commission
may approve an application for a planned residential development (PRD).
An approval under this section, with or without conditions, authorizes
application for a Zoning permit.
3.8.2
Informal Preliminary Consideration. The Commission would recommend
that, before submission of an official application for approval of
a PRD, the applicant prepare and present a preliminary plan of the
proposed planned development for informal study and consideration
by the Commission. The preparation of a preliminary plan of development
is recommended to facilitate general consideration of factors and
problems that affect or may affect the development of land being submitted
for a PRD before proceeding with the preparation of the fully detailed
maps, plans, documents and presentation required for formal consideration
by the Commission.
Presentation of the PRD for consideration in a preliminary rather
than in a final form allows for changes or alterations, recommended
or required by the Commission, to be more readily and economically
made. Neither the preliminary presentation nor its informal consideration
by the Commission, however, shall be deemed to constitute any portion
of the official and formal procedure of applying for, and approval
of, a PRD as contemplated herein, or under the provisions of the General
Statutes of the State of Connecticut.
The preliminary submission should contain the following information:
A.
A general description of the project and how the project design will
provide significant benefit to the proposed community and/or the Town
and that the neighborhood properties will not be substantially or
permanently injured.
B.
A statement regarding the nature of all proposed open spaces and
the means by which they will be maintained and their continuity guaranteed.
C.
A statement regarding the proposed types of dwelling units, methods
of ownership, occupancy and general design concepts.
D.
A proposed schedule for development of the PRD including provision
for any phasing of construction of dwellings, utilities, recreational
facilities and other services. The Commission may allow bonding to
reflect the phasing of construction.
E.
A statement regarding the types and uses of all nonresidential structures
proposed.
F.
A statement regarding the type of water supply and sewage disposal
facilities proposed, the method of establishment of such facilities
and the intended ownership, financing and management arrangements.
G.
Computation and data showing compliance with the Zoning regulations.
H.
Such other information that the applicant deems will be of assistance
in the consideration of the PRD application.
3.8.3
Preliminary Maps and Plans of the
PRD Tract. Seven clear, legible prints, each drawn to a scale of not
less than as follows (these maps may be combined, provided they clearly
show all the information required):
A.
Existing condition evaluation map showing the entire tract with the
following:
1.
Boundaries of the tract and approximate dimensions and the names
of all owners.
2.
Existing contours at intervals not exceeding two feet in building
areas and sewage disposal areas and 10 feet elsewhere.
3.
Significant topographic features, such as all wetlands and water
courses, rock outcroppings, wooded and other vegetation areas by type
and other natural features.
4.
General soil types by Soil Conservation Service classification.
5.
The location of any existing structures, trailways, fences and walls.
C.
Site use plan showing the following:
1.
The location of proposed vehicular access into the tract and the
principle system of circulation, driveways or streets within the tract.
2.
Areas, with boundaries delineated, for dwelling construction and
accessory services, and with data on the acreage of such areas and
the number and type of dwelling units proposed for each.
3.
Areas or sites proposed for recreational facilities and any nonresidential
structures.
4.
Areas proposed for on-site sewage disposal leaching systems.
5.
Proposed connection to a public water supply or proposed site for
water supply wells and if appropriate water storage facilities.
6.
Areas, with boundaries delineated, for reservation as open space
land.
7.
Any existing or proposed restricted areas such as setbacks from the
boundary tract, channel encroachment lines and zone boundaries including
floodplains.
D.
Sanitation and water supply study report in five copies presenting:
a) estimates of water supply and sewage disposal requirements; b)
results of soil investigations, including borings, seepage tests and
test pits for areas proposed for sewage disposal; c) a description
and schematic layout of proposed sewage disposal facilities and; d)
a description of the proposed water supply system.
Additional percolation and test pits may be required by the
Commission.
The Commission may require that test wells be drilled and the
results furnished to the Commission prior to final approval.
All of the above shall be prepared and certified by a professional
civil engineer.
E.
Schematic architectural drawing in four legible sets of prints illustrating
the type of dwelling proposed in the PRD; provided, however, that
such drawings are not required for single-family detached dwellings
proposed to be individually constructed and owned on separate lots.
3.8.4
Formal Application. Following preliminary
consideration, the applicant for a PRD shall submit the following
for final approval:
A.
A PRD application form: as prescribed by the Commission completed
and signed by the applicant and also signed by the owner of the land
in the PRD if different from the applicant.
B.
Final plan: This map shall cover the entire PRD tract proposed for
final approval.
C.
Site improvement plans: These plans shall cover all proposed streets,
driveways, utilities including drainage, water supply and distribution
system and sewage disposal system, provisions for erosion and sedimentation
control and other improvements for the area covered by the final plan.
Roadway plans shall conform to Section 4.6 and be of a scale of one
inch equals 40 feet minimum. Areas requiring extensive grading shall
be on a scale of one inch equals 20 feet.
D.
Grading and landscape plans: These plans shall cover all areas included
in and at the same scale as the final plan and shall show at least
the following information:
E.
Design development architectural drawings: Architectural drawings
of all typical buildings other than single-family detached dwellings
to be individually constructed and owned on separate lots, as proposed
for construction, prepared by a registered architect, shall be submitted
for design review to determine whether they meet the standards of
PRD. These shall include, but not be limited to:
F.
Sanitation and water supply report: Five copies of: a) computations
for water supply and sewage disposal systems; b) the results of test
well pumping if public water supply is not to be provided; c) the
design plan for sewage disposal and water supply.
G.
A check payable to the Town of New Milford in the amount equal to
$20 for each bedroom in the proposed PRD.
3.8.5
Public Hearing. Before granting final approval of a PRD, the
Commission will conduct a public hearing in accordance with the General
Statutes of the State of Connecticut.
3.8.6
Final Review. The Commission shall review the submission for
completeness and may request the submission of additional information
deemed necessary to clarify or complete the application.
3.8.8
Performance Bond. The Commission shall require a cash performance
bond guaranteeing completion of all public improvements in accordance
with Section 3.7. An additional site performance bond may be required
to guarantee completion of all utilities and other site improvements
before a certificate of occupancy is issued.
3.8.9
Filing. The final plan shall be filed or recorded by the applicant
in the office of the Town Clerk in accordance with Section 3.11.
3.8.10
Changes In Approved PRD. If during the development of construction
of the PRD, any changes are proposed or required which affect the
approved final plan and supporting plans, or are not in accordance
with the stipulations of approval, the appropriate maps, plans and
documents showing such changes shall be submitted to the Commission
before effecting or implementing such changes. If the changes do not
affect the approved density of bedrooms or reduce the amount of open
space, or alter conditions imposed by the Commission, the Commission
may approve the changes by resolution and notice of such action shall
be sent to the applicant within 10 days and thereafter such approved
changes may be effected or implemented. If the changes do affect the
approved density of bedrooms or reduce the amount of open space or
alter conditions imposed by the Commission, such changes may be made
only after a new submission of a PRD application, which shall be considered
by the Commission in accordance with the General Statutes of the State
of Connecticut. The application fee for such revisions shall be determined
by the Commission.
The Commission shall endorse the record subdivision map to permit
filing with the Town Clerk, but such endorsement shall not be executed
until all conditions of approval have been met or provided for, all
required conveyances have been presented and/or an appropriate performance
bond has been posted to guarantee completion of required improvements.
The final approved and endorsed subdivision map shall constitute
the record subdivision map. The date of approval of the record subdivision
map shall be noted on said map by the Commission Chairman or Secretary.
Within 90 days after the endorsement of the record subdivision or
re-subdivision map, the applicant shall file and record in the office
of the Town Clerk the record subdivision map and any easements; except
that the Commission may by resolution extend the time for such filing
and recording for two additional periods of 90 days and the map shall
remain valid until the expiration of such extended time. Filing or
recording fees shall be paid by the applicant. The Town will file
deeds for any open space and for streets when it accepts them, and
any filing or recording fees shall be paid by the applicant.
Before release of any subdivision or re-subdivision bond, or
before the Commission endorses any subdivision or re-subdivision map
to permit filing with the Town Clerk, the Commission may require the
applicant to present a statement, signed and sealed by a land surveyor
or engineer, fully licensed in the State of Connecticut, certifying
such surveyor or engineer has inspected the required construction
work and that all of the required improvements have been completed
in accordance with plans and Town specifications as approved, such
certification to be reviewed by the Town Engineer. The Commission
may require a performance bond to remain in effect during a maintenance
period of two years commencing with the date the Commission accepts
the subdivision improvements and recommends acceptance of same by
the Town Council as Town public highways. The amount of such maintenance
bond shall be 10% of the original bonded amount.
All work in connection with a subdivision or re-subdivision
shall be completed within an initial time period of five years or
less, with additional time periods subject to Commission approval
of extensions in accordance with General Statutes Section 8-26c. The
expiration date shall be shown on the record subdivision map.
3.13.1
The applicant may apply for, and the Commission may grant, one
or more extensions of the time to complete the work in connection
with such subdivision, if the time for all extensions under this subsection
shall not exceed 10 years from the date the subdivision was approved.
If the Commission extends an approval, the Commission may condition
the approval on a determination of the adequacy of the amount of the
bond or other surety furnished under this Section, securing the Town
the actual completion of the work.
3.13.2
Before the issuance of any certificate of occupancy, all roads
shall be completed to include the first course of asphalt.
