Town of Ashford, CT Article I General Provisions

§ 295-1 Statutory authority.

These regulations have been prepared and adopted pursuant to the authority granted in Chapter 126 of the Connecticut General Statutes of the State of Connecticut, hereinafter referred to as "C.G.S."

§ 295-2 Policy.

[Amended 5-10-2021]

It is the policy of the Ashford Planning and Zoning Commission to consider land subdivision as part of a plan for the orderly, efficient and coordinated growth of the Town so as to further the general welfare and well-being of its people. The Planning and Zoning Commission, through the application of standards and conditions set forth in these regulations, the Ashford Zoning Regulations, the Ashford Public Improvement Specifications and the Plan of Conservation and Development, shall determine whether to approve, modify and approve, or deny any subdivision or resubdivision application after applying such standards and conditions to reasonably protect the rights of individuals, property values, public health, public safety and public welfare.

§ 295-3 Purpose.

The Town of Ashford, through its Planning and Zoning Commission, shall enforce these Subdivision Regulations to maintain the rural character of the Town in keeping with the public expression as determined through the Plan of Conservation and Development process and will establish appropriate standards for the design and implementation of subdivisions and the construction of streets and other improvements and has adopted these regulations to accomplish the following:

A. Provide that 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 and not result in soil, water or air pollution, excessive noise, or other menace.

B. Provide that proper provisions are made for water supply, sewage disposal, fire protection and other appropriate utility services and drainage, including the upgrading of any downstream ditch, culvert or other drainage structure which, through the introduction of additional drainage due to such subdivision, becomes undersized and creates the potential for down drainage flooding.

C. Provide that proper provisions are made for the prevention of flooding through flood-control protective measures in areas contiguous to brooks, rivers or other bodies of water. Land subject to flooding shall not be put to any use that will aggravate flood hazard conditions.

D. Ensure that proposed streets are built to the Ashford Public Improvement Specifications and are in harmony with existing or proposed principal thoroughfares shown on the Plan of Conservation and Development, as per C.G.S. § 8-23. This is especially important to maintain safe intersections with such thoroughfares and provide that such streets be arranged and of such width to provide an adequate and convenient system for present and prospective traffic needs.

E. Provide for the creation of open spaces and parks when, and in places, deemed appropriate and proper by the Commission.

F. Provide that proper provisions are made for soil erosion and sediment control in accordance with C.G.S. § 22a-329.

G. Provide that solar access and passive solar energy techniques are considered and included in the design of any new subdivision and require applicants for subdivision or resubdivision approval to demonstrate to the Commission that they have incorporated solar access and passive solar energy techniques in the design of the subdivision. See Article IV, § 295-20.

H. Encourage energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation.

I. Provide for the protection of state and federally listed species and significant natural communities, prime farmland and farmland of additional statewide importance, and high-yielding and potentially high-yielding aquifers.

J. Encourage protection of the rural character of Ashford by maintaining existing stone walls, historical features, scenic views, walking paths, tree-lined streets, open fields, and active agriculture.

§ 295-4 Jurisdiction.

These regulations shall apply to the subdivision and resubdivision of land, as herein defined, located within the corporate limits of the Town of Ashford, Connecticut. No subdivision or resubdivision of land shall be made by any person, firm, or corporation until an application for such subdivision or resubdivision has been submitted to and approved by the Town Planning and Zoning Commission and a map thereof has been endorsed by the Commission and filed by the applicant in the office of the Ashford Town Clerk.

§ 295-5 Interpretation.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

§ 295-6 Procedure.

The Commission, in reviewing any proposed subdivision or resubdivision, and the person proposing a subdivision or resubdivision shall follow the procedures hereinafter specified. The Commission shall not approve any subdivision or resubdivision unless it conforms to the standards hereinafter specified or to such other standards approved by the Commission pursuant to these regulations.

§ 295-7 Conflicts; higher standards to control.

These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.