B.
Violation of subdivision approval. Any person, firm, corporation,
partnership or association that violates any provision of these regulations
or any condition of modification of any subdivision approval or fails
to comply with the plans and other documentation submitted in accordance
with these regulations shall be provided notice of such violation
by registered mail, return receipt requested. Said notice shall indicate
the date of a regular or special meeting at which the Commission shall
consider such violation, and the subdivider shall have the opportunity
to be heard and present evidence at such meeting. If, following such
meeting, the Commission determines that a violation as described in
this subsection has occurred, the Commission may take any or all of
the following actions:
(1)
Allow
a fifteen-day period for the initiation of correction of the violation(s),
after which a fine of $100 per day will be assessed for each violation.
(2)
Void
the subdivision for any lots which have not been conveyed to purchasers
not affiliated with the subdivider.
(3)
Call
any bonds or letters of credit which have been placed to secure compliance
with these regulations and any approval granted hereunder.
(4)
Direct
the Zoning Enforcement Officer to withhold any certificate of zoning
compliance for any such lot(s) in the subdivision.
(5)
Refuse
to accept any public improvement in connection with such subdivision.
(6)
Refuse
to grant any extension of time for the completion of improvements
in such subdivision.
(7)
Require
additional bonding.
(8)
Require
additional engineering or other studies to evaluate the scope and
nature of the violation.
(9)
Bring
legal action seeking injunctive relief or such other relief as may
at law or equity pertain.
C.
When fines are assessed there shall be a monthly interest rate penalty after the first 30 days and after each successive thirty-day period at the established Town rate for nonpayment. After three months, if fines and penalties are not paid, a lien shall be placed on all lots covered under Subsections A and B of this section. In addition, any outstanding violation(s) of the Ashford Subdivision or Zoning Regulations will preclude the Commission from accepting any new applications from such entity until violations are corrected and until all fines and penalties have been paid in full.
These regulations may be amended by the Commission in accordance
with the procedures set forth in C.G.S. § 8-25.
Should any section or provision of the regulations contained
herein or as amended hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of the regulations as a whole or any part thereof other than the part
so declared to be invalid.
The Ashford Planning and Zoning Commission acting under authority
of the General Statutes of the State of Connecticut hereby adopts
and enacts these regulations as the "Subdivision Regulations of the
Town of Ashford." The provisions of the Subdivision Regulations heretofore
in force and any amendments thereof, so far as they are the same as
in these regulations, are to be deemed continued and not as new enactments.
Any and all provisions of the regulations as originally enacted which
are inconsistent with the provisions of these regulations are hereby
repealed, but this shall not affect any violations thereof already
existing or any penalty incurred, and the same may be prosecuted as
if these regulations had not been adopted.
