[HISTORY: Adopted by the Planning and Zoning Commission of
the Town of Voluntown as amended through 7-1-2011. Amendments noted where applicable.]
1.1.
Title. These rules and regulations
of the Voluntown Planning and Zoning Commission shall be known and
may be cited as the "Subdivision Regulations, Town of Voluntown, Connecticut,"
which herein are called "these Regulations."
1.2.
Authority. Pursuant to the authority
conferred by Chapter 126, Connecticut General Statutes, 1958 Revision,
as amended, the Planning and Zoning Commission of the Town of Voluntown
adopts the following Regulations controlling the subdivision and re-subdivision
of land in the Town.
1.3.
Purpose. The purposes of these
Regulations are to promote and to insure the orderly development of
land within the Town of Voluntown so that 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, drainage and sewerage; that property provision
shall be made for protective flood control measures in areas contiguous
to brooks, rivers, or other bodies of water subject to flooding; that
proposed streets are properly constructed and arranged in harmony
with existing principal thoroughfares or those shown on the Plan of
Development for Voluntown, 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; that proper provision is made for open spaces, parks, and playgrounds;
that proper provision is made for open spaces, parks, and playgrounds;
that proper provision is made for sedimentation control, and the control
of erosion caused by wind and water; that the layout of the subdivision
promotes and enhances the use of solar and other forms of energy and
energy conservation; and to insure that subdivision improvements will
be carried out without financial burden to the Town of Voluntown.
1.4.
Application of Regulations. The
Regulations contained herein shall apply to any owner or agent of
owner of any land located within the Town of Voluntown, who, subsequent
to the effective date of these Regulations, subdivides a tract or
parcel of land or who effects a resubdivision of a tract of land as
will be hereinafter defined. No subdivision of land shall be made,
and no land in any subdivision shall be sold or offered for sale or
lease until a plan of subdivision, prepared in accordance with the
requirements of these Regulations, has been approved by the Commission.
1.5.
Enacting Clause. These Regulations
were originally adopted by the Voluntown Planning Commission on March
8, 1972. Subsequent revisions were effective on December 5, 1973,
June 1, 1983, February 23, 1985, July 10, 1985, and September 2, 1987,
and as revision dated.
2.1.
Commission. The Planning and Zoning Commission of the
Town of Voluntown.
2.2.
Plan. Shall mean the subdivision map, drawing or drawings,
and related material prepared for approval by the Commission and filing
in the Office of the Town Clerk.
2.3.
Re-subdivision. A change in a map of an approved or
recorded subdivision or re-subdivision, if such change (a) affects
any street layout shown on such map, or (b) affects any area reserved
thereon for public use, or (c) diminishes the size of any lot shown
thereon and creates an additional building lot, if any of the lots
shown thereon have been conveyed after the approval or recording of
such map, or as the definition, "resubdivision" is used in Chapter
126 of the Connecticut General Statutes, or as it may hereafter be
amended by statute.
2.4.
Street. Shall mean an improved right-of-way accepted
for public use by lawful procedure and suitable for two-way vehicular
travel; or a proposed street shown on the subdivision plan under consideration
or on one previously approved by the Commission.
2.5.
Subdivision. The division of a tract or parcel of land
in the Town of Voluntown into three (3) or more parts or lots made
subsequent to March 8, 1972, for the purpose, whether immediate or
future, of sale or building development, expressly excluding development
for municipal, conservation or agricultural purposes, and includes
re-subdivisions.
3.1.
Application Submission. Any person
intending to subdivide land in the Town of Voluntown is urged to informally
review his intentions with the Commission by submitting and discussion
a pre-application site plan, as described in Section 4.1 and Section
7-159b of the Connecticut General Statutes. After discussing of the
sketch plan, or, if no sketch plan is submitted, the applicant shall
submit an application as prescribed in Section 4.3 to the Chairman
of the Commission or the Town Clerk in the Voluntown Town Hall. Three
(3) copies of the plan shall be submitted, along with the completed
application form and the required fee. Application forms are available
from the office of the Zoning Enforcement Officer or the Town Clerk.
(9/15/06)
3.1.1.
The day of receipt of an application shall be the day of the next
regularly scheduled meeting of the Commission immediately following
the day of submission to the Commission or the Town Clerk of such
application or thirty-five (35) days after such submission, whichever
is sooner.
3.1.2.
The applicant is responsible for submitting a copy of the subdivision
plan to the Southeastern Connecticut Water Authority when it is the
intention of the applicant to develop a well water supply on the basis
studies which indicates a maximum requirement in excess of fifty (50)
gallons per minute, or when the tract to be subdivided contains fifty
(50) acres or more and is intended to contain two (2) or more dwelling
units to be served by a single water supply.
3.2.
Fees. All applications shall
be submitted with check or money order made payable to the Treasurer,
Town of Voluntown. The amount of the fee shall be as listed below
and is in addition to the charge required by Section 22a-27j of the
Connecticut General Statutes. See fee Schedule in Zoning Office. (7/1/98)(3/15/01)(9/15/06)
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Public Hearing Fee: (Any application which results in a public
hearing being scheduled such as application for re-subdivision, or
change of Subdivision Regulation, or subdivision which is scheduled
for public hearing as per Section 3.3 of these regulations) (3/15/01)
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$300 (9/15/06)
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PLUS
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Subdivision or Re-subdivision Plan
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$75 minimum or $25.00 per lot whichever is greater
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PLUS (if applicable)
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Engineering review of design of new or rebuilt roads, drainage
improvements and other site improvements
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$1 per linear foot with a $500 Minimum (9/15/06)
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PLUS (if applicable)
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Inspection and Supervision of the construction of new or rebuilt
roads, drainage and other site improvements
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4% of estimated costs (9/15/06)
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PLUS (if applicable)
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Inspection of Sedimentation and Erosion Control measures
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$30 per lot plus $30 for each acre of disturbed area excluding
lot
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"Site Improvements", for the purposes of this section, includes
but is not limited to the construction of water and sewer lines, the
setting aside of open space and recreation areas, planting of trees
or other landscaping, the installation of retaining walls or other
structures.
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3.3.
Hearing. The Commission may hold
a public hearing regarding any subdivision proposal within sixty-five
(65) days after receipt thereof, if, in its judgment, the specific
circumstances require such action. No plan of resubdivision shall
be approved by the Commission without a public hearing. Notice of
a hearing shall be published in a newspaper of general circulation
in the Town at least twice at intervals of not less than two (2) days,
the first not more than fifteen (15) days, nor less than ten (10)
days, and the last not less than two (2) days prior to the date of
the hearing, and by sending a copy thereof by registered or certified
mail to the applicant. The hearing shall be completed within thirty-five
(35) days after it commences. (9/15/06)
3.4.
Regional Planning Agency Referral. Whenever a subdivision of land is planned, the area of which will
abut or include land in another municipality, the Commission shall,
before approving the plan, submit it to the regional planning agency
(SCCOG) in which it and the other municipality (NECCOG) are located.
Such notice shall be made by certified mail, return receipt requested
not later than thirty (30) days before the public hearing. The Regional
Planning Agency shall, within thirty (30) days, report to the Commission
its findings on the intermunicipal aspects of the proposed subdivision.
If such report is not submitted within thirty (30) days after the
referral from the Commission, it shall be presumed that the Agency
does not disapprove of the proposed subdivision. The Regional Planning
Agency's report shall be purely advisory. (9/15/06)
3.4A.
Referral to Adjoining Municipality. The Commission shall notify the clerk of the adjoining municipality
of the pendency of any subdivision application on any site when: (1)
any part of the property affected by the Commission's decision
is within 500 feet of the adjoining municipality; (2) a significant
portion of the traffic to the completed project will use streets within
the adjoining municipality to enter or exit the site; (3) a significant
portion of the sewer or water drainage from the project on the site
will flow through and significantly impact the drainage or sewer system
within the adjoining municipality; or (4) water runoff from the improved
site will impact streets or other municipal or private property within
the adjoining municipality. Such notice shall be made by certified
mail and shall be mailed within seven days of the date of receipt
of the application or site plan and no hearing shall be held on the
application or site plan until after the adjoining municipality has
received such notice. A representative from the adjoining municipality
may appear and be heard at any hearing on any such application or
site plan. (1/1/90)(9/15/06)
3.5.
Wetlands Referrals. If an application
involves land regulated as an inland wetland or watercourse under
the provisions of Chapter 440 of the Connecticut General Statutes,
the applicant shall submit an application to the Voluntown Inland
Wetlands Commission no later than the day the application is filed
for the subdivision. The Commission shall not render a decision until
the Wetlands Commission has submitted a report with its final decision
to the Commission. In making its decision, the Commission shall give
due consideration to the report of the Wetlands Commission. (1/1/90)
3.6.
Action by the Commission. The
Commission shall vote to approve, modify and approve, or disapprove
any subdivision application or maps and plans submitted therewith
within sixty-five (65) days after the public hearing thereon, or,
if no public hearing is held, within sixty-five (65) days after the
day or receipt thereof. Notice of the decision of the Commission shall
be published in a newspaper having a substantial circulation in the
Town and addressed by certified mail to the applicant by its secretary
or clerk, under his or her signature within fifteen (15) days after
such decision has been rendered. The failure of the Commission to
act thereon shall be considered as an approval, and a certificate
to that effect shall be issued by the Commission on demand. The applicant
may consent to one (1) or more extensions of any period specified
in this subsection, provided all such extensions shall not be longer
than sixty-five (65) days, or may withdraw such application. The grounds
for the action of the Commission shall be stated in the records of
the Commission. (7/1/98)(9/15/06)
3.7.
Posting of Bonds. Prior to endorsement
of the plan, the Commission shall accept from the applicant a performance
bond from a bonding company licensed to conduct business in Connecticut,
or other surety with conditions satisfactory to the Commission securing
to the Town of Voluntown the actual construction and installation
of all improvements as required by these Regulations, including the
construction of streets, drainage features street signs, the installation
of monuments and markets, the grading and improvement of recreation
facilities, clean up of the premises and measures to be taken to control
soil erosion and sedimentation likely to occur from the proposed subdivision.
The amount of the bond shall be estimated by the applicant who shall
provide the Commission with the basis for the estimate. The Commission
shall review the estimate with the First Selectman prior to approving
the amount of the bond.
3.7.1.
The bond shall be accepted by the Commission and deposited with the
Town Treasurer until its release is voted by the Commission. The bond
shall not be released until improvements have been completed, until
as-built plans are submitted to the Commission, and, where new streets
are involved, until such streets are certified as completed by the
First Selectman. Before release of the performance bond, a maintenance
bond shall be submitted which shall be in an amount equal to ten percent
(10%) of the performance bond or $2,500, whichever amount is greater,
and which shall be retained by the Town for one (1) year. The purpose
of the maintenance bond is to guarantee correction of any construction
failures related to the subdivision.
3.8.
Endorsement of the plan. If the
Commission votes to approve a plan or modify and approve a plan, its
approval with the date thereof, shall be endorsed and signed by the
Chairman or Secretary of the Commission in the space provided for
such purpose on each sheet of a mylar copy of the plan provided by
the applicant after the posting of a bond as outlined in Section 3.7
above. In addition to the mylar copy of the plan, the applicant shall
provide four (4) paper copies of the endorsed plan. (7/1/98)(3/15/01)
3.8.1.
The Chairman or Secretary of the Commission shall, when endorsing
the plan, indicate on the plan the date of endorsement and the date
by which all improvements shown on the plan shall be completed, as
required in Section 3.10 below. The plan shall be delivered to the
applicant for filing promptly after the fifteen-day period, which
period commences on the date of publication of the Commission's
action to approve the plan.
3.9.
Filing the Plan. The endorsed
mylar copy of the plan shall be filed by the applicant in the office
of the Voluntown Town Clerk and any plan not so filed within ninety
(90) days of the expiration of the appeal period under section 8-8
of the Connecticut General Statutes, or in the case of an appeal,
within ninety days of the termination of such appeal, and any plan
not so filed or recorded within the prescribed time shall become null
and void, except that the commission may extend the time for such
filing for two (2) additional periods of ninety days and the plan
shall remain valid until the expiration of such extended time. All
such plans shall be delivered to the applicant for filing or recording
not less than thirty days after the time for taking an appeal from
the action of the commission has elapsed, and in the event of an appeal,
not less than thirty days after the termination of such appeal by
dismissal, withdrawal or judgement in favor of the applicant. No such
plan shall be recorded or filed by the town clerk or district clerk
or other officer authorized to record or file plans until its approval
has been endorsed thereon by the chairman or secretary of the commission,
and the filing or recording of a subdivision plan without such approval
shall be void. Prior to endorsement the applicant shall obtain the
appropriate street addresses from the town assessor and utilize them
on the final mylar. (7/1/98)(3/15/01)
3.10.
Time Limit on Completion. Any
person, firm or corporation making any subdivision of land shall complete
all work in connection with such subdivision within five (5) years
after the Commission's vote to approve the plan for such subdivision,
which completion date shall be noted on the plan by the Chairman or
Secretary of the Commission at the time of endorsement of the approved
plan.
3.10.1.
Failure to complete all work within such five (5) year period
shall result in automatic expiration of the approval of such plan,
provided the Commission shall file on the land records of the Town
of Voluntown notice of such expiration and shall state such expiration
on the subdivision plan on file in the office of the Town Clerk, and
no additional lots shall be conveyed in the subdivision by the subdivider
except with approval by the Commission of a new application for subdivision
of the subject land. If lots have been conveyed during such five (5)
year period, the Commission shall call the bond or other surety on
said subdivision to the extent necessary to complete the work required
to serve those lots. "Work" for purposes of this section means all
physical improvements required by the approval of the plan, other
than the staking out of lots, and includes but is not limited to the
construction of roads, storm drainage facilities and water and sewer
lines, the setting aside of open space and recreation areas, installation
of telephone and electrical services, planting of trees or other landscaping,
and installation of retaining walls or other structures.
3.10.2.
The subdivider or his successor in interest may apply for and
the commission may grant one or more extensions of the time to complete
all or part of the work in connection with such subdivision, provided
the time for all extensions under this subsection shall not exceed
ten years from the date the subdivision was approved. If the commission
grants an extension of 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 section 8-25 of the Connecticut General
Statutes, securing to the municipality the actual completion of work.
(7/1/98)
3.11.
Land Deeded to Town. The applicant
shall submit a "Certificate of Title" acceptable to the Commission
and Town Attorney prior to the conveyance of any land to the Town.
(9/15/06)
4.1.
Pre-Application Sketch Plan. The
pre-application sketch plan is a general layout of a proposed subdivision
submitted by the subdivider for informal consideration by the commission
prior to a formal submission of an application for approval. A pre-application
sketch plan shall not be a required requisite to submission of an
application, but applicants are encouraged to preview potential subdivision
requests with the Commission before formal submission an application
to ensure that basic requirements can be met prior to incurring engineering,
application and legal fees involved with submission of an application
and plan. It should be clearly understood that the pre-application
sketch plan enjoys no official status and that consent with regard
to feasibility of the pre-application sketch plan on the part of the
Commission in no way predicates approval of the required plan. A pre-application
sketch plan is encourage in the interest of improved communication
between the applicant and the Commission with regard to intent and
general design, but is at the sole discretion of the applicant.
4.2.
Contents of the Pre-Application Sketch Plan. The pre-application sketch plan may be drawn on tracing paper
with pencil at a suitable scale which will show sufficient information
about the subdivision to form a clear basis for discussion of its
problems and for the preparation of the Final Plan. The pre-application
sketch plan should show:
4.2.1.
The subdivision name, boundaries, true north point, date, scale.
4.2.2.
The names and address of record owner and the applicant.
4.2.3.
All major site features such as existing streams, waterbodies, stone
walls, fences, large trees, rock ridges, outcroppings.
4.2.4.
The names, approximate location of existing adjacent streets and
proposed streets.
4.2.5.
The total site area, the total number of proposed lots, the general
configuration of the proposed lot boundary lines and approximate area
of each proposed lot.
4.3.
Contents of the required plan. The following requirements shall be met at the time of submission
of an application for a subdivision.
4.3.1.
The subdivider shall submit a completed application form and three
(3) copies of the plan prepared by a registered land surveyor, engineer,
or landscape architect, reproduced by black and white print or similar
process, for use of the Commission on sheets no larger than 25'
x 37" and at a scale approved by the Commission but not less than
100' x 1". (3/15/01)
Said plan shall contain the following:
a.
Name of owner of land or record.
b.
Name of subdivision, if any.
c.
Name and certificate of registered land surveyor or seal of civil
engineer or landscape architect licensed in the State of Connecticut.
If the subdivision includes construction of features such as roads,
sidewalks, drainage or retaining walls, such plans shall be sealed
by a licensed civil engineer.
d.
North point, scale of map, original data, and date of all revisions.
e.
Boundary lines of subdivision with accurate distance and bearings.
f.
Names of abutting property owners.
g.
Layouts of lots, showing for each lot the total area in square feet,
accurate bearings, dimensions, angles, and building lines; and the
locations of the monuments or markers indicating the lot boundaries.
h.
The location of existing and proposed streets and street monuments.
i.
Profiles of proposed new streets, and locations of existing and proposed
easements, rights-of-way, including those for utilities, for parks,
playgrounds, or other common separate uses.
j.
Accurate bearings and dimensions and the are length, radii, and central
angles of all new street curves.
k.
The location of all proposed and existing wells and sewerage disposal
systems on each lot and so far as can be determined, on abutting land.
l.
Contours of the land to be subdivided in sufficient detail to show
general topography, watercourses, and drains. Contours shall be shown
at not more than five-foot (5') intervals. If grading of lots
is to be carried out by the subdivider, the finished grade shall also
be shown.
m.
The locations and sizes of all existing and proposed sewers, catch
basins, manholes, bridges, and culverts, with invert elevations of
all drainage structures.
n.
Location of all wetlands, watercourses, land subject to flooding,
outcroppings, or, in general, features that add to the attractiveness
of the property including trees in excess of two (2') feet in
diameter, stone walls, and architecturally and/or historically significant
buildings.
o.
A place for the approval by the Voluntown Planning and Zoning Commission
Chairman or Secretary, with date, and, where improvements are proposed,
a place for the Chairman or Secretary to indicate the date by which
all improvements will be completed.
p.
A general locational map at a scale not smaller than 1" = 2,000'
which shall show the location of the proposed subdivision in relation
to surrounding streets and other features.
q.
An indication of the zoning district in which the proposed subdivision
is located. (1/1/90)
r.
The conceptual layout (including proposed grading) of houses, septic
systems, driveways and wells for proposed subdivision lots. (7/1/98)
4.4.
Erosion and Sediment (E&S) Control Plan. Whenever plans for a subdivision show construction of improvements
or buildings related to the subdivision that will result in the disturbance
of more than one-half acre of land, the applicant will submit, as
part of the subdivision plan, an E&S Control Plan that presents,
in mapped and narrative form, the measures to be taken to control
erosion and sedimentation both during and after construction. The
E&S Plan shall be based on "Connecticut Guidelines for Soil Erosion
and Sediment Control," available from the Natural Resources Center
of the Connecticut Department of Environmental Protection. (7/10/85)
4.4.1.
The E&S Control Plan shall include the following:
a.
A description of the project and a schedule of the major activities
to be constructed on the land.
b.
Locations of areas to be stripped of vegetation.
c.
Locations of acres to be regraded and contour data indicating existing
and proposed grades.
d.
A schedule of operations, including the sequence of major improvement
phases such as clearing, grading, paving, installation of drainage
features and the like.
e.
Seeding, sodding, or revegetation plans and specifications for all
unprotected or unvegetated areas.
f.
Location, design and timing of structural control measures, such
as diversions, waterways, grade stabilization structures, debris basins,
and the like. The narrative shall indicate design criteria used in
the design of control measures.
g.
A description of procedures to be followed to maintain sediment control
measures.
h.
The plan map shall show the words: "Erosion and Sediment Control
Plan Certified by vote of the Voluntown Planning and Zoning Commission
on (date)," and a space for the signature of the Chairman or Secretary
of the Commission.
4.4.2.
After review of the E&S Control Plan by the Commission or its
designee, the Commission shall vote to certify that the plan is in
compliance with these Regulations. (A vote of the Commission to approve
a subdivision plan shall imply approval of the E&S plan as well.)
4.4.3.
The Commission, through its members, agents, and consultants, shall
periodically inspect construction projects for which E&S plans
have been certified to verify that erosion and sediment controls are
consistent with the certified plan.
4.4.4.
The performance bond required for improvements in connection with
the proposed subdivision shall be required to be sufficient to cover
the costs of accomplishing the E&S control measures.
4.5.
Water and sewerage report. Before
approval of the subdivision, a written report endorsed by the Town
Health Officer, shall be submitted to the Commission concerning the
adequacy of plans for proposed private sewage disposal facilities
and water supply. Adequacy of plans for subsurface sewage disposal
shall be based on deep test pits and percolation tests conducted in
manner and number satisfactory to the Health Officer and the Commission,
but in no case shall the number of deep test pits be less than one
(1) for every proposed lot in the proposed subdivision. The Health
Officer shall be given sufficient notice of the time of such tests
to enable him to be present when they are made. Copies of all test
pit and percolation test logs shall be submitted to the Commission
before final approval of the subdivision and locations of such tests
shall be shown on the plan of subdivision. Where results of such tests
indicate a need for larger lots because of sewage disposal requirements,
final approval will not be granted until such larger lots as required
are shown on the map. All installations of private sewage disposal
systems shall conform with the standards and requirements of the Connecticut
State Department of Health. If a public water supply is planned, a
letter from the Southeastern Connecticut Water Authority, where applicable
or the State Department of Health stating that the water plan for
the proposed subdivision is acceptable shall be submitted to the Commission.
4.6.
Water Company Expansions. No
plan shall be approved by the Commission that involves the construction
or expansion of a water company serving not less than fifteen (15)
service connections or twenty-five (25) persons nor more than two
hundred fifty (250) service connections or one thousand (1,000) persons
unless such water company has been issued a Certificate of Public
Convenience and Necessity by the Connecticut Departments of Public
Utility Control and Health Services, as required by Connecticut Public
Act 84-330. (2/23/85)
4.7.
State Highway Department Report. If the subdivision will result in new street or driveway access
to a state highway, the applicant shall submit, prior to approval,
a written report from the Connecticut Department of Transportation
indicating that the highway access plans are satisfactory or identifying
those measures required to provide satisfactory access to the state
highway. (9/2/87)
5.1.
Lots. Proposed building lots
shall be designed and arranged to make the best use of the natural
terrain, avoiding unnecessary regrading and to preserve trees and
woods. In order to control the possibility of danger to health or
public safety, particularly with respect to water, drainage and sewerage,
the shape of the proposed building lots shall be of reasonable proportion
in relation to the lot area minimum required by the Zoning Regulations
or to the size of any larger lot, if required.
5.1.1.
All lots shall front on a street. Except where prevented by topography
or existing property lines, lots shall be generally rectangular in
shape and side lot lines shall be generally perpendicular to the street
on which the lot fronts or radial to curved street lines. (9/2/87)
5.1.2.
A parcel of land owned separately from adjoining parcels and not
having frontage on an existing street at the time of the adoption
of these Regulations may be divided into not more than three (3) lots
under the following conditions: 1) all such lots are accessible to
a street by way of an easement or other right-of-way which is at least
twenty-five (25') feet wide for its entire length, 2) all such
lots conform to the size and dimensional requirements of the Zoning
Regulations, 3) the Commission finds that the location, construction,
(including materials used and width), and proposed maintenance of
any such right-of-way will be such that emergency vehicle access will
not be hampered and 4) a letter, statement, or other form of sign-off
from the public utility concurring that the proposed right-of-way
width is adequate to allow service to the proposed lot shall be submitted
to the Commission. The Commission may require a fifty-foot (50')
right-of-way if it deems that the right-of-way is likely to serve
more than three (3) lots in the future. (7/1/98)(9/15/06)
5.1.3.
To the maximum extent possible, lots shall be generally rectangular
in shape and excessively deep or irregularly-shaped lots shall be
avoided. (7/1/98)
5.2.
Streets. No subdivision of land
requiring the layout and establishment of new streets shall be made
unless the proposed layout of new streets is in harmony with existing
or proposed streets, particularly in regard to safe intersections,
and so arranged as to provide an adequate and convenient system for
present and prospective traffic and maintenance needs. The following
general design standards shall apply to all proposed streets in a
subdivision.
5.2.1.
Street Widths - Streets shall be centered in the right-of-way and
designed with a minimum right-of-way and road bed (including shoulders,
curbs, and gutters) of 50 feet, in accordance with these regulations.
(7/1/98)
5.2.2.
Where the proposed subdivision contains lots fronting on an existing
street that does not meet the dimensional and improvement requirements
of these Regulations the subdivider shall dedicate to the Town of
Voluntown all land within a minimum of twenty-five (25) feet from
the centerline of the traveled portion of existing roads and streets
and this shall be so noted on the map presented to the Commission
for approval. Additionally, the subdivder may be required to make
such improvements within the right-of-way of the street as deemed
appropriate by the Commission to provide for the safe movement of
traffic and protect abutting properties from water runoff. (7/1/98)
5.3.
Reserve Strip. No reserve strip
controlling access to adjoining properties or to land dedicated or
to be dedicated to public use, including open spaces, parks, playgrounds,
or public ways will be permitted.
5.4.
Flooding Considerations. Any
development activities within Special Flood Hazard Areas as shown
on the Flood Insurance Rate Maps must be conducted in accordance with
the Voluntown "Flood Damage Prevention Ordinance" and these regulations.
The Commission shall determine that proposed subdivisions are reasonably
safe from flooding. When a subdivision is proposed in an A or AE Zone
on the Town's Flood Insurance Rate Map, it shall be reviewed
to assure the following: (7/1/98)(7/1/11)
5.4.1.
That all proposals are consistent with the need to minimize flood
damage within the flood-prone areas.
5.4.2.
That all public utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
5.4.3.
That adequate drainage is provided to reduce exposure to flood hazards.
5.4.4.
That new and replacement water supply systems are designed to minimize
or eliminate infiltration of flood waters into the systems.
5.4.5.
That new and replacement sanitary sewer systems are designed to minimize
or eliminate infiltration of flood waters into the systems or discharges
from the systems into flood waters.
5.4.6.
That on-site sewage disposal systems are located to avoid impairment
of them or contamination from them during flooding.
5.4.7.
When the subdivision includes any portion of a watercourse that is
located within an A OR AE Zone on the Flood Insurance Rate Map for
Voluntown and the subdivision would result in the alteration or relocation
of that watercourse, the applicant shall submit a hydrological design
by a registered professional engineer that indicates that the flood-carrying
capacity of the watercourse will not be impaired by any construction
or additional runoff resulting from the subdivision. (7/1/11)
5.4.8.
In any Special Flood Hazard Area, base flood elevation data shall
be provided for subdivision proposals and other proposed development
(including manufactured home parks and subdivisions) which are five
acres or fifty lots whichever occurs first.
5.5.
Solar Access. The applicant shall
demonstrate to the Commission that he has considered, in developing
the plan, using passive solar energy techniques which (a) maximize
solar heat gain; (b) minimize heat loss and preserve any opportunity
for providing thermal storage within buildings during the heating
season; (c) minimize heat gain and preserve any opportunity for achieving
natural ventilation during the cooling season. Such techniques shall
include, but not be limited to, house orientation, street and lot
layout, vegetation, natural and manmade topographical features, and
protection of solar access within the subdivision.
5.6.
Fire Wells and Ponds. Where,
in the opinion of the Commission (or the Fire Marshall), a fire well
or pond is deemed necessary and is in accordance with the policies
and intent of these regulations, such fire well or pond shall be installed
at the expense of the developer and the cost of such shall be included
in the bond. Such fire well or pond shall be constructed in accordance
with good engineering practices and approved by the Board of Selectmen
or its authorized agent. (7/1/98)
5.7.
References. The State of Connecticut,
Department of Transportation's "Standard Specifications for Road,
Bridges and Incidental Construction", Form 814A (or latest edition
and any subsequent amendments or issues), shall be considered part
of these regulations as referenced. Engineers and contractors working
on projects in the Town of Voluntown shall be expected to have a copy
available for their reference. (7/1/98)
6.1.
Monuments and Markers. Monuments
shall be installed at all street intersections, at all points of change
in direction or curvature of streets and at other points as shown
on the plan and where, in the opinion of the Commission, permanent
monuments are necessary.
6.1.1.
Street monuments shall be made of granite or concrete and shall be
of thirty (30") inches in length dressed to four (4") inches square
at the top with a three-eighth (3/8") inch drilled hole in the center,
shall be set at least four (4") inches above finish grade as shown
on the plan. One monument meeting these specifications shall also
be placed on at least one (1) front corner of each lot.
6.1.2.
No permanent monuments shall be installed until all construction
which could destroy or disturb the monuments is completed.
6.1.3.
Lot markers shall be permanent pipe markers at least thirty-six (36")
inches long installed at least six (6") inches above finish grade
at all points of direction change on each lot shown on the plan, except
on one (1) front corner of each lot where a lot monument as described
above shall be required.
6.2.
Streets. All street improvements
shall be designed and constructed in accordance with these regulations
and the standards and requirements of the Town of Voluntown Road Ordinance.
(3/15/01)
No subdivision of land, requiring the layout and establishment
of new streets, shall be made, unless the proposed layout of new streets
is in harmony with existing or proposed streets, particularly in regard
to safe intersections, and so arranged as to provide an adequate,
safe, and convenient system for present and future traffic and access
needs.
6.2.1.
All proposed streets shall connect with one (1) or more approved
Town streets or state highways, except that any part of a subdivision
containing more than (20) residential lots shall be accessible from
at least two directions.
6.2.2.
Streets shall be laid out to provide connections with existing streets
on adjacent properties, where possible. Consideration shall be given
to connecting with future streets on adjacent property where future
subdivision appears probable.
6.2.3.
All new streets shall have a minimum right-of-way width of fifty
(50) feet which shall be deeded to the Town of Voluntown in fee simple
by warranty deed free of all encumbrances and certified by an attorney.
The paved wearing surface shall be thirty (30) feet as measured between
the curb backs.
6.2.4.
A dead-end street shall be provided with a circular turn-around area
at the closed end having a radius of at least fifty (50) feet, of
which forty (40) feet is paved. Such streets will be permitted only
where an alternative street layout is deemed by the Commission to
be impractical because of the dimensions, shape or physical conditions
of the property. A dead-end street shall not exceed 1,000 feet in
length unless it is of a temporary nature and is planned for extension
and can reasonably be expected to connect with an existing or proposed
road on adjoining land.
6.2.5.
Curvilinear street arrangements which follow the contour of the natural
terrain shall be used where practicable in preference to street patterns
which follow the slope, in order to improve the control of storm water
runoff and to facilitate bad weather driving conditions.
6.2.6.
Intersections.
1)
Spacing of Intersections. Intersections of subcollector, local, and
minor roads shall be spaced a minimum of 150' (one hundred and
fifty feet) apart, measured from the points of intersection of the
centerline. Intersections of arterial and collector streets shall
be spaced as deemed necessary by the Commission. Streets intersecting
on opposite sides of a street shall intersect exactly opposite one
another or shall have the minimum spacing required above.
6.2.7.
Where the proposed subdivision contains lots fronting on an existing
street that does not meet the dimensional and improvement requirements
of these Regulations, the applicant shall be required to deed sufficient
land to the Town of Voluntown to permit widening of the street and
shall be required to make such improvements within the right-of-way
of the street, as deemed appropriate by the Commission to maintain
public safety.
6.2.8.
No duplication of street names is permitted except where a proposed
street extends an existing street. The Commission shall approve all
street names.
6.2.9.
New streets shall be arranged, to the extent possible, in a manner
that allows lots fronting on them to provide maximum opportunity for
future buildings to use the sun for active and passive solar energy
and heating systems. (Maximum exposure is usually achieved when a
building axis is oriented east/west, which, in turn, normally requires
predominantly east/west street directions.)
6.3.
Sidewalks. Sidewalks shall be installed by the applicant along one (1)
of the outer edges of each street right-of-way with any subdivision
constructing a new street or streets, unless the Commission determines
that such a requirement would be detrimental to public safety due
to characteristics of the site and/or surrounding properties as per
Section 8 of these regulations. (3/15/01)
A)
Sidewalks unrelated to new roads may be required by the Commission
during the issuance of a zoning permit for non-residential activities
such as a Commercial site plan review, where pedestrian access to
schools, shopping, or employment is possible.
B)
All sidewalks shall be constructed in accordance with the requirements
of the Town of Voluntown Road Ordinance.
6.4.
Inspection of Improvements. The
work of constructing any street or any storm or surface water drainage
installation shall be subject in all respects to the inspection and
approval of the authorized officials of the Town of Voluntown having
proper jurisdiction. (3/15/01)
6.4.1.
Prior to any actual construction work undertaken on the installation
of any required improvement, the applicant shall notify the Board
of Selectmen.
7.1.
Land for Open Space and Recreation. The Commission shall require land for open spaces, parks or playgrounds
when and in locations it may deem proper. Each area reserved for such
purpose shall be suitable in area, dimensions, topography, and natural
character for the purposes of a park or playground. The Commission
may require that the area or areas so reserved shall be located and
laid out so as to be used in conjunction with similar areas of adjoining
subdivisions or of probable future subdivisions. The total amount
of area to be reserved for open space, parks and playgrounds shall
not be less than one (1) acre per twenty (20) lots or a minimum of
ten percent (10%) of the gross site, except by mutual agreement between
the applicant and the Commission. Any land so reserved shall be graded
to properly dispose of surface water unless specifically designed
to hold impounded water and shall be left in condition for the purpose
and intent as required by the Commission. The disposition of such
area shall be subject to approval of the Commission and shall be as
follows: (7/1/98)
7.1.1.
The open spaces shall either be conveyed by warranty deed to the
Town of Voluntown after all improvements have been completed, or
7.1.2.
The open spaces may be conveyed by warranty deed to a homeowners
association within the subdivision upon such terms and conditions
as specified by the Town of Voluntown for the protection of the public
welfare and assured continued use for the purpose to which it was
dedicated or reserved. If open space areas are to be conveyed in such
a manner, a copy of the bylaws of the homeowners association and the
covenants of the warranty deed guaranteeing right to full use and
maintenance by the members of the homeowners association shall be
submitted as part of the application for subdivision, or
7.1.3.
The open spaces may be conveyed by warranty deed to a conservation
land trust suitable to the Commission.
7.2.
Easements. Easements for utilities
which cross lots shall be placed along rear or side lot lines and
shall be at least twelve (12') feet wide.
7.2.1.
Where a subdivision is traversed by a watercourse, drainage way,
channel or stream, the Commission may require that there be provided
a stormwater easement or drainage right-of-way of adequate width to
conform substantially to the lines of such watercourse, drainage way,
channel or stream, and to provide for construction of any features
needed to contain such drainage.
7.3.
Fee in Lieu of Land for Open Space, Parks and Playgrounds. The commission may require the applicant to pay a fee to
the Town of Voluntown or pay a fee and transfer land to the Town of
Voluntown in lieu of providing open spaces, parks and playgrounds.
(7/1/98)
7.3.1.
Such payment or combination of payment and the fair market value
transferred shall be equal to ten (10) percent of the fair market
value as undeveloped land of the land to be subdivided prior to the
approval of the subdivision.
7.3.2.
The fair market value shall be determined jointly by the applicant
and the Commission. The applicant shall submit the names of three
appraisers doing business in New London County. The Commission shall
select one of the three to conduct the appraisal of the land to be
subdivided. The costs of the appraisal shall be borne by the applicant.
7.3.3.
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.
7.3.4.
Said payment shall be deposited with the Treasurer of the Town of
Voluntown in a fund which shall be used by the Town of Voluntown for
the purposes of preserving open space or acquiring additional land
for open space or for recreational or agricultural purposes.
7.4.
Exemptions from Open Space and Recreation Land Requirements. The open space and recreation land requirements of this section
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, or
if the subdivision is to contain affordable housing, as defined in
Section 8-39a of the Connecticut General Statutes, equal to twenty
percent or more of the total housing to be constructed in such subdivision.
(7/1/98)
8.1.
Conditions for Waivers. The Commission
may waive certain requirements of these Regulations in cases where
conditions exist which affect the subject land and are not generally
applicable to other land in the area, provided no waiver shall be
granted that would have a significant adverse effect on adjacent property
or on public health and safety. No waiver shall be granted unless
one or more of the following conditions exist:
8.1.1.
The proposed subdivision includes land in a neighboring municipality.
8.1.2.
Strict adherence to the requirements of these Regulations would result
in the alteration or destruction of a significant or unique natural
feature, such as a large tree, a watercourse, a wetland or a rock
formation.
8.1.3.
Strict adherence to the requirements of these Regulations would result
in significant alteration of the natural land contour in a manner
that would aggravate natural drainage or cause erosion and sedimentation
problems that would be difficult to control or correct.
8.1.4.
Strict adherence to the requirements of these Regulations would place
a substantial limitation on the development potential of the property.
8.1.5.
Contour information and a water and sewer report from the Town Health
Officer may be waived where the subdivision contains less than five
(5) lots and each lot contains three (3) or more acres, except that
one or more members of the Commission shall have visually inspected
the proposed subdivision and shall attest that the land appears to
be generally suitable for building purposes, and it shall be noted
on the plan that percolation tests and deep test holes have not been
conducted.
8.2.
Vote Requirements. A waiver may
be granted only by a three-quarters vote of all the members of the
Commission.
8.3.
Recording. The Commission shall
state upon its records the reasons for which a waiver is granted in
each case.
9.1.
Any person, firm, or corporation making any subdivision of land without
the approval of the Planning and Zoning Commission of the Town of
Voluntown shall be fined not more than $500 for each lot sold or offered
for sale or so subdivided. Said penalty is pursuant to Section 8-25
of the Connecticut General Statutes, as amended.
10.1.
If any section, subsection, sentence, or portion of these Regulations
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity
of the remaining portions of these Regulations.
11.1.
These Regulations may be amended from time to time in accordance
with the procedures specified in Section 8-25, Chapter 126 of the
General Statutes 1958 Revision, as amended.
