Any person who submits an application for final approval of
a subdivision based upon the provision of a bond in lieu of the completion
of all required improvements and utilities shall be deemed to have
read, understood and accepted all of the terms in this article. The
Commission shall not issue any final approval of a subdivision application
based upon the provision of a bond unless the applicant agrees to
abide by these provisions and executes the restrictive agreement described
in Appendix B.
Before any certificate of zoning compliance may be issued for any building in such subdivision on a lot that fronts on a subdivision road that has not been accepted by the Town as a public road, the subdivider must complete such road, in accordance with all applicable specifications, up to a cul-de-sac or intersection with an existing road, to a stage in construction at which only the final asphalt surface course of the road remains to be done before completion of the road. The foregoing condition shall not apply to street trees, sidewalks, or other types of road-related improvements not required for vehicular travel, but shall apply to the installation of street name signs to facilitate the provision of emergency services. The balance of the work on such road, and all other public improvements, must also be bonded in accordance with the provisions of this Article
IX. In addition, water supplies and effluent disposal systems shall be operational and accepted by the appropriate Town or state agencies prior to the issuance of a certificate of zoning compliance allowing the occupancy of a dwelling on any lot.
The Commission may call any surety bond and apply the proceeds
of such bond to the construction and installation of required subdivision
improvements and utilities in any of the following circumstances:
A. The Commission may call the bond at any time within 60 days before
the expiration or termination date of the bond, as that date may have
been extended, if any portion of the required subdivision improvements
or utilities has not been completed. If the Commission has called
the bond under this subsection, and the expiration or termination
date of the bond is subsequently extended for a period of no less
than one additional year, or a replacement bond of equivalent or greater
amount is subsequently provided in a form satisfactory to the Commission,
the Commission shall have the option of proceeding to complete any
portion of the required subdivision improvements and utilities under
the original bond or accepting the extended or replacement bond in
lieu of completing such improvements.
B. The Commission may call the bond at any time within 60 days before
the date, as it may have been extended, on which the approval of the
subdivision is scheduled to expire under any applicable provision
of state or local law if any portion of the required subdivision improvements
or utilities has not been completed.
An application for approval of a subdivision plan that involves
the construction or installation of public improvements shall constitute
an agreement by the subdivider to be personally responsible for the
completion of any portions of the improvements the Commission may
deem necessary to serve any lots that may be conveyed following approval
of the plan. The Commission's ability to call a subdivision bond or
other surety pursuant to C.G.S. § 8-26c(c) shall not prevent
the Commission from seeking to enforce the personal responsibility
of the applicant to complete the necessary improvements. The Commission
shall not approve any subdivision plan that involves the construction
or installation of public improvements unless the applicant signs
an agreement acknowledging the foregoing personal responsibilities.
The form of such agreement shall be as set forth in Appendix E.