[HISTORY: Adopted by the Planning and Zoning Commission of
the Town of Mansfield 12-4-2023, effective 12-28-2023. Amendments noted where applicable.]
The Mansfield Planning and Zoning Commission, pursuant to authority
conferred on it by the Connecticut General Statutes (particularly
Chapter 126), hereby adopts the following regulations, which are designed
to meet statutory responsibilities and to achieve the following purposes:
A.
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;
B.
That proper provisions shall be made for water supply, drainage,
sewage disposal, soil erosion and sediment control, and protective
flood control measures;
C.
That proposed streets are in harmony with existing or proposed principal
thoroughfares shown in Mansfield's Plan of Conservation and Development,
especially in regard to safe intersections, and so arranged and of
such width and design as to provide a safe and convenient system for
present and prospective traffic needs;
D.
That open spaces, parks and playgrounds be provided when and in places
deemed proper by the Planning and Zoning Commission after taking into
account goals, policies and recommendations contained in Mansfield's
Plan of Conservation and Development, the natural and man-made features
of a proposed subdivision site, and other subdivision characteristics;
E.
That proposed subdivisions encourage energy-efficient patterns of
development and land use; the use of solar and other renewable forms
of energy, and energy conservation;
F.
That proposed subdivisions, including new streets, lot size and configuration
and placement of new structures and site improvements, are designed
in a manner that is consistent with Mansfield's soil types, terrain,
natural and man-made features, scenic views and vistas, infrastructure,
and recommendations contained in Mansfield's Plan of Conservation
and Development, the Capital Region Plan of Conservation and Development
and the State Plan of Conservation and Development. Mansfield's
lot sizes are based on State Health Code requirements, Eastern Highlands
Health District recommendations, the limited availability of public
sewer and water systems, the high percentage of land within public
reservoir and public wellfield drainage basins and Mansfield's
soils, topography and other natural resource characteristics and development
limitations.
These regulations of the Mansfield Planning and Zoning Commission
shall be known and may be cited as the "Subdivision Regulations of
the Town of Mansfield, Connecticut," which herein are called "these
regulations."
For the purposes of these regulations, certain terms and words
used herein shall be interpreted and defined as set forth in this
section. The word "shall" is mandatory.
The Planning and Zoning Commission of the Town of Mansfield,
Connecticut.
The Town of Mansfield Department of Public Works Engineering
and Construction Standards as outlined in the "Engineering Standards
and Specifications Ordinance."
Portion of a lot within which a house, garage, shed and other structures, swimming pools, driveways, parking areas, outside storage areas, septic system, septic reserve area, water supply well, utility lines, lawn areas and other site improvements are to be located. Proposed development area envelopes shall meet the minimum area requirements of Article 4, § 190-19 (fka Article VIII, Section B.6), of the Mansfield Zoning Regulations.
The Director of Health of the Eastern Highlands Health District
or his authorized agent.
A separately identified parcel of land designed, plotted
or intended for separate occupation or use.
Significant trees, standing singly or in groves; agricultural
lands, including open fields and pastures; water, including ponds,
lakes, brooks, streams, rivers, and cascades; ledges, and large rock
outcroppings or formations, large hills or ridges, or expanses of
valley floors; visible historic sites or features, such as stone walls,
individual buildings or groupings of buildings, cemeteries, cellar
holes, foundations, or similar features.
A plan prepared after analyzing off-site influences and site and neighborhood features and indicating potential streets, lots, open space areas and other site alterations. Conceptual plans, which are required for subdivisions with potential streets and/or four or more lots, are reviewed by the Planning staff pursuant to § 169-5.
The final map or drawing(s) and all required supporting data upon which the subdivider's plan of subdivision is presented to the Commission for approval (see § 169-6 for requirements).
Land controlling access to an area dedicated or to be dedicated
to public use.
A change in a map of an approved or recorded subdivision
or resubdivision if such change i) affects any street layout shown
on such map, ii) affects any area reserved thereon for public use,
or iii) 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.
The general appearance of a place regarding its natural and
man-made features, as viewed from particular vantage points with regard
to their beauty.
Of or relating to natural and man-made features, with regard
to their beauty.
Any existing highway that is accepted and actively maintained
by either the Town of Mansfield or the State of Connecticut; or any
proposed roadway which is shown on a subdivision map approved by the
Planning and Zoning Commission and duly recorded in the Mansfield
Land Records and which is formally bonded for completion and dedication
to the Town of Mansfield.
A right-of-way closed at one end with an intersection with
a through street at the other end, and also includes the term "cul-de-sac
street." A street with a temporary turnaround is a dead-end street.
The owner of record at the time of filing of an approved
subdivision or resubdivision plan or, at the time of application,
a person holding an option or agreement to purchase land.
The division of a tract or parcel of land into three or more
parts or lots for the purpose, whether immediate or future, of sale
or building development, expressly excluding development for municipal,
conservation or agricultural purposes, and includes resubdivision.
A healthy, well-formed, individual tree nine inches or greater
dbh (diameter breast height) on a proposed lot or within an existing
or proposed street right-of-way, and/or a grove of trees of any size,
especially as they stand along streets or boundaries of existing or
proposed lots, that add scenic character or serve as privacy screens
or buffers.
A ground that offers the best advantage for observing scenery.
Scenery that exceeds 180° in width as observed from a
vantage point.
Scenery that is less than 180° in width as observed from
a vantage point and is framed by trees, landforms, buildings or other
vertical features.
As defined in Section 22a-38 of the Connecticut General Statutes,
as may be amended. In case of any question over the meaning of a word,
phrase, or sentence, whether defined herein or not, the Commission
reserves the right to make a determination thereof, being guided in
such determination by the purposes and intents of these regulations.
A map or maps containing a lot and site improvement layout and additional information, as required by these regulations [see § 169-6J(1)], that demonstrates compliance with the zoning Schedule of Dimensional Requirements provisions for standard lot size, lot frontage and building setbacks; compliance with all other zoning requirements, including minimum lot area requirements for new lots; and compliance with all subdivision requirements, including the design objectives of § 169-5A, the lot size and configuration provisions of § 169-7D and the open space requirements of § 169-13.
A.
Approved plan required. No subdivision of land shall be made, no
land in any subdivision shall be sold or offered for sale and no construction
of private structures, utilities or public improvements shall be started
until a plan of subdivision, prepared in accordance with these regulations,
has been approved by the Commission, with such approval endorsed thereon
by the Chair, and filed by and at the expense of the subdivider in
the office of the Town Clerk within the time provided by statute.
C.
Inland wetland regulations.[2] The applicant is responsible to insure the proposed subdivision
conforms to all applicable provisions of the Inland Wetland Regulations
of the Town (copy on file in the office of the Commission). No subdivision
application involving proposed activities within regulated areas,
as defined by the Mansfield Inland Wetland Agency (IWA), shall be
approved unless all necessary IWA licenses or license modifications
have been granted.
D.
Public health and safety. No land shall be subdivided unless it is
of such character that it can be used for building purposes without
danger to health and the public safety, and no subdivision plan shall
be approved unless it conforms to the health and public safety regulations
of the Town and the State of Connecticut, as may be amended hereafter,
and unless it provides adequately for water supply, drainage, sewage
disposal, and for protective flood control measures.
E.
Plan of conservation and development. In its review of a proposed
subdivision, the Commission should consult the Mansfield Plan of Conservation
and Development, particularly with respect to natural and man-made
features, scenic views and vistas, and open space recommendations.
F.
Lots inappropriately created between June 1, 1957, and June 1, 1967.
Pursuant to Section 8-26 of the Connecticut General Statutes, the
Commission may, by a 3/4 vote of all members, waive A-2 survey and
other subdivision requirements, provided all of the following conditions
are met:
(1)
The subject lot or lots have frontage on existing streets.
(2)
The subject lot or lots were created inappropriately between June
1, 1957 (date of original adoption of subdivision regulations), and
June 1, 1967.
(3)
The subject lot or lots have existing residences situated on them.
In each case, an applicant shall submit a subdivision application
and map depicting existing property lines, structures, septic system
and well locations and any other information deemed necessary by the
Commission to review the application. In each case where a waiver
is granted, the Commission shall cite upon its records the reasons
for its action.
G.
Administrative procedures. In addition to the requirements contained
herein, the Commission may establish such administrative procedures
as it deems necessary for the proper administration of these regulations.
H.
Submission to regional planning commission. Whenever a subdivision
of land is planned within Mansfield, the area of which will abut or
include land of two or more municipalities, one of which is the Town
of Mansfield, the Commission shall submit said plan of subdivision
to the WINCOG Regional Planning Commission for report, pursuant to
Chapter 126, Section 8-26b, of the Connecticut General Statutes, as
amended.
I.
Notification to adjoining towns. In situations where a pending application
submitted to the Planning and Zoning Commission involves any of the
criteria noted below, the Commission shall notify by certified mail,
return receipt requested, within seven days of the receipt of the
application, the Clerk of any adjoining municipality of the pending
application. No hearing shall be conducted unless the adjoining municipality
has received said notice.
(1)
Any portion of the property affected by a decision of the Commission
is within 500 feet of the boundary of the adjoining municipality;
(2)
A significant portion of the traffic to the completed project on
the site 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 sewerage 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.
J.
Windham Water Works/Connecticut Department of Public Health notification.
When an applicant files with the Planning and Zoning Commission an
application concerning a subdivision that is within an aquifer protection
area delineated pursuant to Section 22a-354c of the Connecticut General
Statutes or which is within the watershed of the Willimantic Water
Works or other water company as defined in Section 25-32a of the Connecticut
General Statutes, the applicant shall provide written notice of the
application to the water company and the Commissioner of Public Health
in a format prescribed by the Commissioner (provided such water company
or said Commissioner has filed a map showing the boundaries of the
watershed on the Mansfield Land Records and with the Mansfield Planning
and Zoning Commission or the aquifer protection area has been delineated
in accordance with Section 22a-354c, as the case may be). Such notice
shall be made by certified mail, return receipt requested, and shall
be mailed within seven days after the date of the application. The
Willimantic Water Works or other such water company and the Commissioner
of Health may, through a representative, appear and be heard at any
hearing on any such application.
K.
Notification of abutting property owners. The applicant shall be
responsible for notifying all property owners abutting the site of
a proposed subdivision, including property owners across the street
from a subject subdivision (as measured at right angles to straight
street lines and radial to curved street lines). Said notification,
which shall be sent by certified mail, within seven days of the Commission's
receipt of the application, shall include mapping that depicts the
proposed subdivision. The notice also shall reference the fact that
the complete application is available for review in the Mansfield
Planning Office. Notification forms (available in the Mansfield Planning
Office) shall be utilized for notifying abutting property owners.
L.
Referrals to staff/mansfield boards and committees. All subdivision
applications and related mapping shall be referred to the Director
of Planning and Development, the Town Engineer or designee, the Fire
Marshal, and the Eastern Highlands Health District. An application
may be referred to other Town agencies or commissions, such as the
Parks and Natural Resources Committee, Conservation Commission, the
Agriculture Committee, or the Recreation Advisory Committee, or any
other committees that are pertinent to the application, when the subdivision
application includes items which are relevant to the duties of the
agency or commission the application is being referred to.
A.
Design objectives. Subdivisions shall be designed in a manner that protects the public's health and safety, promotes goals, policies and recommendations contained in Mansfield's Plan of Conservation and Development, addresses the provisions of § 169-1 of these regulations (Purpose and authority) and complies with all specific requirements contained or referenced in these regulations. To address these objectives, primary considerations in designing streets, walkways/bikeways and other public improvements, lot layouts, proposed locations for houses, driveways, sanitary systems and other site work and identifying appropriate open space preservation areas shall be:
(1)
The protection and enhancement of vehicular and pedestrian safety
through the appropriate siting of streets, driveways, walkways, bikeways
and trails;
(2)
The protection and enhancement of existing and potential public water
supply wells and groundwater and surface water quality through appropriate
design and installation of sanitary systems, roadways, drainage facilities,
house sites and other site improvements;
(3)
The protection and enhancement of natural and man-made features,
including wetlands, watercourses, aquifer areas, agricultural lands,
hilltops or ridges, historic sites and features, expanses of valley
floors, interior forests, significant trees and scenic views and vistas
on and adjacent to the subdivision site. Wherever appropriate, site
features shall be protected through a clustering of streets and house
sites and the identification and preservation of significant open
space areas, including agricultural lands, interior forests and other
land without physical limitations.
(4)
The utilization of a site's natural terrain, avoiding unnecessary
regrading, filling and removal activities.
(5)
The promotion of energy-efficient patterns of development and land
use, energy conservation and the use of solar and renewable forms
of energy through the appropriate siting of streets, driveways and
house sites and, whenever appropriate, bikeway and walkway/trail connections
to neighboring streets and neighborhoods; existing and planned commercial
areas; schools, parks, and other public facilities and Town-designated
walkway or bicycle routes.
B.
Design process. All prospective subdividers are encouraged to meet with the Director of Planning and Development or other Planning Office staff to review zoning and subdivision approval criteria and application submission requirements. To help achieve the design objectives of Subsection A, to expedite application reviews, to help reduce application submission costs and to help ensure compliance with all applicable provisions of Mansfield's Zoning and Subdivision Regulations, Mansfield has established a comprehensive preapplication design process. This design process, which is recommended for all subdivisions, includes mandatory preapplication submissions for all subdivisions with new streets or four or more lots. It is important to note that any preapplication comments and/or recommendations provided to a prospective subdivider by Mansfield's Director of Planning and Development, other staff member or Mansfield commission or committee member shall not be binding on the applicant, the Planning and Zoning Commission or any other authority, agency or official having jurisdiction to review and act upon the subject subdivision.
(1)
Site analysis and conceptual yield plan.
(a)
Natural and man-made features on or directly adjacent to a potential subdivision site shall be inventoried and considered in association with the design objectives of Subsection A and other provisions of these regulations. While all prospective applicants are encouraged to submit and review with Planning staff a site analysis plan (as described below), whenever a subdivision proposal includes new streets or four or more lots, the submittal of a site analysis plan is mandatory. Where required, a Connecticut licensed landscape architect shall prepare and submit to the Director of Planning and Development five copies of a site analysis plan containing the information listed below as applicable to the subject site.
(b)
The submitted site analysis plan shall be reviewed by Mansfield
staff members and may be referred to the Conservation Commission and
the Parks and Natural Resources Committee. As deemed appropriate by
the Director of Planning and Development, the above referenced plans
also may be referred to other advisory committees for review and comment.
Additionally, the Planning and Zoning Commission shall be informed,
in writing, and provided with an opportunity to receive the submitted
information for review and comment. The Director of Planning and Development
shall within 45 days of receipt provide review comments on the submitted
plans to both the applicant and the Planning and Zoning Commission
and any reviewer who provided comments to the Director.
(c)
The following information shall be included, as applicable to
the subject site, on all required site analysis plans:
[1]
North arrow, date and scale. All plans shall be drawn at a scale
of one inch equals 40 feet or less. The Director of Planning and Development
shall have the right to permit different scales for larger parcels
provided the scale used shall also be used for the final subdivision
plan. Use of the same scale will facilitate a transfer of information.
[2]
Name of subdivider and subdivision and the name and seal of
the landscape architect who prepared the plan.
[3]
Boundaries of tract to be subdivided.
[4]
Existing contours at two-foot intervals. All slopes over 20%
and watershed divides should be indicated.
[5]
Existing streets, easements, fences, walkways, bikeways, trails,
and structures both on site and immediately adjacent to the site.
[6]
Wetlands and watercourses, including intermittent streams, both
on site and immediately adjacent to the site.
[7]
One-hundred-year floodplains, including base flood information
on any portion of the land being subdivided which is within flood
hazard areas as shown on the Zoning Map and in greater detail in the
flood insurance study dated July 1980, and the most current Federal
Emergency Management Floodway and Flood Insurance Rate Maps.
[8]
Aquifer areas and public drinking water wells on or within 500
feet of a site.
[9]
Soil type classifications as per the current U.S.D.A. Natural
Resource Conservation Service Soil Survey for Tolland County, Connecticut.
[10]
On-site and adjacent historic features, including all structures,
wells and other utility features, walls and fences regardless of their
condition, existing or former walks, paths, drives, trails, etc.,
curbs and pavement, man-made elements inserted into the ground such
as hitching posts, garden or enclosed areas, significant vegetation,
remains of old foundations, rip-rapping, arbors, trellises, etc.,
and any other historic features observed.
[11]
On-site and adjacent agricultural land with existing uses identified.
[12]
Areas with potential state and federally listed endangered,
threatened or special concern species as per the current State and
Federal Listed Species and Natural Communities Map published by the
Connecticut Geological and Natural History Survey of the Connecticut
Department of Environmental Protection; and significant natural flora
and fauna communities as per Mansfield's Plan of Conservation
and Development mapping.
[13]
Other natural and man-made features, including rock ledges and
rock outcropping, significant trees, tree or shrub groves or masses
of groundcover and obvious wildlife habitats.
[14]
Desirable scenic and/or historic views and vistas into or out
of the site, desirable internal vistas and views and any undesirable
views and vistas both off and on site.
[15]
On-site and adjacent open space and recreational land with existing
uses identified.
[16]
Off-site nuisances to be screened.
[17]
Negative site conditions such as dangerous and dilapidated buildings,
dead and falling trees, diseased plants, infestation of invasive species,
areas of stripped topsoil, deposits or junk and refuse.
[18]
Objectionable noises or odors and their sources both on and
off site.
[19]
Primary directions of off-site traffic flow and relative volumes;
points of connection of site with sidewalks, bikeways and trails,
if any.
[20]
Logical points of ingress and egress to the site; sight lines
of possible driveway to road; locations of all trees over nine inches
in diameter (dbh) within sight lines.
[21]
Tentative notations of possible preservation and conservation
areas (areas where development should be discouraged).
[22]
Tentative identification of areas that are better suited for
development.
(2)
The conceptual yield plan, which shall be drawn to a scale best suited to the site and allows appropriate review, shall identify potential streets (where applicable), potential lots and potential open space areas that could be developed with standard frontages and lot sizes pursuant to all applicable zoning and subdivision approval criteria. Mansfield's Subdivision Regulations require a yield plan to determine the maximum number of lots that could be developed on a subject site [see § 169-6J(1) for yield plan provisions].
(3)
The conceptual layout plan, which shall be drawn to a scale best suited to the site and allows appropriate review, shall identify potential streets (where applicable), potential lots and potential open space areas that could be developed pursuant to all applicable zoning and subdivision approval criteria, including Mansfield's "cluster development" provisions. Section 169-7D of the Subdivision Regulations authorizes the Commission to require new subdivisions to be clustered with reduced lot sizes and larger areas of preserved open space. A submitted conceptual layout plan should reflect an applicant's intended final plan submission subject to soil testing and obtaining more specific site information.
(4)
Testing/preparation of final subdivision plans.
(a)
Following the receipt of review comments on all submitted conceptual
plans, applicants shall conduct all required testing pursuant to State
Health Code requirements and permits issued by the Eastern Highlands
Health District. The final plan shall take into account all information
obtained through Mansfield's design process.
(b)
Final subdivision plans shall depict proposed streets, lot lines, building and development area envelopes, house locations, well and septic system locations, open space areas, natural and man-made resources and other details required by § 169-6 and other provisions of these regulations. The final subdivision plan shall address the minimum lot size provisions of the Zoning Regulations,[1] and the number of proposed lots shall be no greater than the number depicted on a finalized yield plan prepared pursuant to § 169-6J(1).
A.
Plan required. In order for land to be subdivided, all procedures and requirements of this § 169-6 and other applicable sections of these regulations, including the subdivision design process of § 169-5, must be complied with. Only final plans approved by the Commission may be filed in the office of the Town Clerk.
B.
Complete application. The subdivision application shall be considered complete by the Commission when it determines the subdivider has complied with the design process provisions of § 169-5 and all submission provisions of § 169-6. If an application involves activities within regulated areas as defined by the Mansfield Inland Wetland Agency (IWA), the application shall not be received unless a license application for said activities has been received by the IWA and is currently under IWA review; or unless a license for said activities has been approved by the IWA; or unless the proposed activities have been ruled by the IWA to be exempt from licensing requirements. The date of the meeting at which the Commission determines the application is complete shall be designated the official date of submission.
C.
Final plan requirements.
(2)
All required plans shall be prepared by and shall bear the name,
signature and seal of a land surveyor and professional engineer licensed
by the State of Connecticut.
(3)
Final plans shall include the name, signature and seal of a landscape
architect licensed by the State of Connecticut whenever a subdivision
proposal includes new streets or four or more lots, or the Commission
determines that a landscape architect is needed to address application
requirements and approval criteria including potential impacts on
natural and man-made features and scenic views and vistas.
(4)
Final plans shall include the name and signature of a certified soil
scientist whenever wetlands or watercourses exist within 150 feet
of proposed building envelopes or the Commission determines that a
soil scientist is needed to address application requirements and approval
criteria.
(5)
All full-sized plans shall be drawn at a scale of one inch equals
40 feet or less. The Commission may permit different scales for large
parcels.
(6)
All plans shall be submitted on sheets at least 24 inches wide and
36 inches long. The subdivider shall submit at least six copies of
all full-sized maps. The Commission may require additional copies.
In addition, the subdivider shall submit 15 copies of the final plans
reduced, wherever possible, to fit paper 11 inches wide and 17 inches
long. The reduced-sized maps shall be at a measurable scale, which
shall be noted on the reduced-size map.
D.
Title block. On each sheet of plans there shall be a title block
containing the following:
E.
Final subdivision maps. The final maps shall take into account the yield plan requirements of § 169-6J(1), the subdivision criteria of § 169-7, the open space dedication requirements of § 169-13 and other applicable provisions of these regulations, and shall incorporate the following minimum features:
(1)
Location map, scale one inch equals 1,000 feet, indicating thereon
the following:
(a)
The boundary lines of the proposed subdivision and of any larger
tract of which the subdivision forms a part;
(b)
All adjoining roads and streets with the designation of names
and/or numbers;
(c)
All subdivision, Town boundary lines, and other significant
landmarks within 3,000 feet of the subdivision;
(d)
Delineation of all proposed lots.
(2)
Overall boundary survey to a stated accuracy of 0.01 and 20 inches,
according to accepted standards for a "Class A-2 Transit Survey" as
defined by the Connecticut Association of Land Surveyors, Inc. The
survey shall be tied to the Connecticut Plane Coordinate System of
1983 (unless waived by the Commission for subdivisions of three lots
or fewer where, due to the location of the site with respect to existing
control points, the cost of tying into the State Coordinate System
would be unreasonable).
(3)
Zoning classification of subdivision and abutting properties; note
of any applicable zoning variance of the proposed subdivision.
(4)
Existing topography at five-foot contour intervals for areas where no grading, fill or removal activity is proposed. Two-foot contour intervals are required for grading, fill or removal activity that is proposed or required, including, but not limited to, activity associated with road construction, drainage, or sight line improvements, open space/recreational improvements, driveway or septic system construction. USGS contour lines are not acceptable. Drainage divides shall be delineated. All subdivision grading, fill or removal activity shall be designed to blend into the surrounding topography without altering the character of a site. The subdivision map shall note the estimated amount of material to be filled or removed for each lot. (See additional requirements outlined in § 169-6H.)
(5)
Location of all wetlands and watercourses, including intermittent streams. Include any proposed relocation of watercourses or draining or filling of ponds or wetlands (see § 169-4C).
(6)
One-hundred-year floodplains, including base flood information on
any portion of the land being subdivided which is within flood hazard
areas as shown on the Zoning Map and in greater detail in the flood
insurance study dated July 1980 and the most current Federal Emergency
Management Floodway and Flood Insurance Rate Maps.
(7)
Existing streets, structures, wells, septic systems, fences, trails,
etc., on site or on adjacent land within 150 feet of proposed streets
or lots.
(8)
Aquifer areas and public drinking water wells on or within 500 feet
of a site.
(9)
Existing and proposed easements and rights-of-way for public utilities,
street drainage, sight lines, slope rights, conservation areas and
public uses. All existing and proposed drainage structures and all
existing and proposed underground utility lines and associated utility
easement areas.
(10)
Other natural and man-made features on the site, including:
(a)
Historic sites, structures and features such as stone walls,
foundations, cellar holes, cemeteries, and known archaeological sites
and areas with archaeological potential as defined by the State Office
of Archaeology, etc. Where appropriate, the State Archaeologist and
State Historic Preservation Officer shall be consulted.
(b)
Exposed ledge, rock outcroppings, areas over 20% in slope, unusual
geologic formations (eskers, drumlins, kames, etc.).
(c)
Open fields and meadows, woodlands, tree lines, significant
trees. The subdivision map shall identify all significant trees (see
definition) that are within a proposed development area envelope or
an existing or proposed street right-of-way. In addition, all trees
over 15 inches dbh (diameter breast height) situated on the subdivision
site shall be identified, either individually or as part of a grove.
Significant trees that are to be preserved shall be specifically labeled
on final plans.
(d)
Scenic views and vistas (see definition) within, into or out
of the property; hilltops and ridges and expanses of valley floors.
(e)
Soil delineations and symbols as per the current U.S.D.A. Natural
Resources Conservation Service Soil Survey for Tolland County. Prime
farmland soils and stratified drift aquifer areas shall be specifically
identified and clearly labeled.
(f)
Areas with potential state and federally listed endangered,
threatened or special concern species as per the current State and
Federal Listed Species and Natural Communities Map published by the
Connecticut Geological and Natural History Survey of the Connecticut
Department of Environmental Protection; and significant natural flora
and fauna communities as per Mansfield's Plan of Conservation
and Development mapping.
(11)
Names and addresses of abutting property owners, including those
across any street.
(12)
Lot layout, lot numbers, square footage of lots and all lot dimensions. Where proposed lots include watercourses, wetland soils, exposed ledge or slopes over 20%, the subdivider shall specify on the plans that the lot/area provisions of Article 4, § 190-19F (fka Article VIII, Section B.6), of the Mansfield Zoning Regulations have been met. A map delineation of the required lot area shall be provided wherever compliance with this requirement is unclear.
(13)
Proposed house and driveway locations with associated grading
information. All regrading and tree removal necessary to address driveway
drainage and sight line issues shall be depicted on the subdivision
plans. The subdivider shall identify the length of sight line, using
sight line criteria outlined in the most current Connecticut Department
of Transportation Highway Design Manual that exists or will be achieved
for each existing and proposed driveway, and shall demonstrate that
each driveway will not exceed a slope of 15%.
(14)
Proposed street layout (where applicable) with pavement type
and typical street cross section, right-of-way widths, street names,
location of existing and proposed street signs and streetlights, with
design details and street trees, with standard plant specifications.
(15)
Sidewalks, bikeways, trails and/or other improvements designed to encourage and enhance safe bicycle and pedestrian use (see § 169-9). Where required, cross sections and related construction details shall be provided.
(16)
Location of existing and/or proposed septic systems, including
reserve areas, wells and underground storage tanks. Proposed septic
systems shall be designed for at least a three-bedroom home and shall
be shown as dotted lines labeled as such. Location and results of
all test holes as required, including pertinent soil data. No septic
system shall be located so that its operation is impaired by flooding.
(17)
Location, dimensions and size of all property proposed to be
set aside for open space, including conservation easement areas or
park area, with designation of ownership and purposes thereof.
(19)
Proposed building area envelopes and development area envelopes
(see definitions) with specified distances from property lines and
applicable site features. The building area envelopes shall be shown
as dashed lines and appropriately labeled to serve as setback lines
in accordance with zoning and subdivision requirements.
(20)
An index map of the proposed subdivision if divided into sections
or is of such size that more than one sheet is required.
(21)
The words "Approved by the Mansfield Planning and Zoning Commission,"
with a designated place for the signature of the Chair and the date
of signing. The words "Approved by the Director of Health," with a
designated place for the signature of the Director. The words "Approved
by the Director of Public Works," with a designated place for signature
of the Director. This requirement shall be addressed on all sheets
where required subdivision information is provided.
F.
Additional requirements. After review, the Commission may require
the addition to the plan of a note(s) expressing provisions to be
made for water supply, sewage disposal, easements, reservations, dedications,
safety or welfare, including specified conditions of approval.
G.
Construction and public improvement plans. Construction plans for
all proposed roads, drainage and other improvements shall be submitted
to and approved by the Commission prior to final action on the subdivision
plan. Plan and profile drawings of all proposed streets, storm drains,
sanitary sewers, catch basins, manholes, ditches, watercourses, headwalls,
sidewalks, curbs, gutters and other structures shall be submitted
on blue line prints. All plans shall be prepared in accordance with
the Mansfield Department of Public Works Construction Standards and
Specifications and shall bear the seal of a qualified professional
engineer registered in the State of Connecticut.
H.
Plans for grading, fill and removal activity. All subdivision applications shall include specific plans and information regarding all grading, fill and removal activity associated with a proposed subdivision, including but not limited to road construction, drainage, open space/recreation improvements, driveway and septic system construction. The plans shall address all applicable requirements and approval criteria of Article 8, § 190-58 (fka Article X, Section H), of the Mansfield Zoning Regulations and shall conform to Mansfield's Engineering Standards and Specifications. The grading/fill/removal plan shall be prepared by a qualified professional engineer or professional surveyor registered in the State of Connecticut (pursuant to provisions of Chapter 391 of the Connecticut General Statutes and associated regulations of the State Department of Consumer Protection).
J.
Required documentation.
(1)
Wherever applicable, the subdivider shall submit, along with the
final subdivision map, the construction and public improvement map
and the grading plan, the following:
(a)
An engineer's estimate of cost of construction satisfactory
to the Town Engineer of all public improvements;
(b)
Any agreement made with the State Department of Transportation
when a proposed street or storm drain joins with a state highway;
(c)
Unexecuted copies of warrantee deeds as required in accordance with § 169-15 of these regulations;
(d)
A statement regarding the methods of dedicating proposed easements
and rights-of-way and the method of ownership of open space;
(2)
Before final action, the Commission shall obtain the following information:
K.
Procedure for approving and recording final subdivision plans.
(1)
Hearings. The Commission may hold a public hearing regarding any
subdivision proposal, 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 the hearing shall
be published in a newspaper of general circulation in the Town at
least twice at intervals of not less than two days, the first not
more than 15 days, nor less than 10 days, and the last not less than
two days prior to the date of such hearing, and by sending a copy
thereof by certified mail to the subdivider.
(2)
Decision. The Commission may approve, modify and approve, conditionally
approve, or disapprove the application or any maps or plans submitted
therewith. All decisions shall be made in accordance with statutory
time requirements (see Section 8-26d of the Connecticut General Statutes).
For applications involving concurrent Inland Wetland Agency (IWA)
license applications, no decision shall be made until the IWA has
submitted a report with its final decision. Notice of the decision
of the Commission shall be published in a newspaper having substantial
circulation in the Town and also addressed by certified mail to the
applicant within 15 days after such decision has been rendered. Failure
of the Commission to act upon such application within the required
time period, or such further time thereafter, shall be considered
approval, and a certificate to that effect shall be issued by the
Commission on demand. The grounds for its action shall be stated in
the minutes of the Commission.
(3)
Withdrawal of application. At any time prior to the final action
by the Commission on the application, the subdivider may withdraw
such application by filing with the Commission, in writing, a formal
request to that effect. If approval of an application has been granted
by the Commission, the subdivider may, at any time prior to the filing
of the approved plan on the Mansfield Land Records, return such approved
plan to the Commission with a written request for cancellation of
the plan. Upon cancellation, it shall be noted on the plans. No fees
shall be refunded on such withdrawal.
L.
Revisions. Whereas all subdivision approvals are based on submitted plans and specifications, all proposed revisions to approved subdivision plans are required to receive prior approval as per the provisions of § 169-6L(1) through (3) for revisions requiring Commission approval, applicants may be required to notify abutting property owners. For all approved revisions that alter previously approved and filed lot lines, notice of this action shall be filed on the Land Records and indexed to notice future owners of the subject lot and affected abutting lot or lots. Revisions are subject to the requirements of the Mansfield Inland Wetland Agency (IWA), and revisions shall not be authorized unless all necessary IWA licenses or license modifications have been granted.
(1)
All proposed revisions to street or driveway layout, design or drainage,
septic systems, septic reserve areas, water supply wells and utility
installation shall be subject to the requirements and approval of
the Eastern Highlands Health District Director or his designee and
the Mansfield Director of Public Works or his designee. Additionally,
the Mansfield Director of Planning and Development or his designee
shall verify that the proposed revisions remain in compliance with
all applicable zoning and subdivision requirements. Whenever questions
arise regarding proposed revisions to street or driveway layout, design
or drainage, the Director of Planning and Development or their designee
shall consult the Planning and Zoning Commission Chairperson and,
as necessary, the entire Commission shall determine compliance with
all applicable regulations.
(2)
All proposed revisions to approved lot lines, approved building area
envelopes (see definition) or approved development area envelopes
(see definition) shall require the approval of the Planning and Zoning
Commission. An applicant shall submit to the Commission adequate information
to demonstrate that the proposed lot line revisions or proposed construction
outside of an approved building envelope remains in compliance with
all applicable zoning and subdivision requirements and that the proposed
revision will not significantly impact natural or man-made features,
scenic views and vistas, open space or recreational areas or other
important features identified through the subdivision approval process.
(3)
Any other proposed revisions not addressed by § 169-62(1)
or (2) may be authorized by the Director of Planning and Development
or his designee, provided adequate information is submitted to verify
compliance with all applicable zoning and subdivision requirements.
M.
Endorsement.
(1)
Upon approval, the subdivider shall submit, in accordance with the schedule contained in § 169-6O, two sets of reproducible subdivision plans acceptable to the Town Clerk based on the provisions of Section 7-31 of the Connecticut General Statutes; three sets of full-sized paper prints of the approved plans and three sets of reduced-size maps as per the submission provisions of § 169-6C(6). In addition, the subdivider shall submit the final plans in digital form AutoCAD R-14 or a compatible form acceptable to the Town. Alternatively, Town staff may accept other forms of digital data (property lines, wetland boundaries and other data contained on a final subdivision plan) provided the data can be readily incorporated into the Town's current digital mapping system. This digital data is needed to appropriately update Town records.
(2)
The Chair of the Commission who, after determining that the submittals comply with the Commission's action and that all other regulatory requirements have been met, shall sign the plans. When the Chair is absent, or otherwise unable to act, the Vice Chair or Secretary of the Commission shall sign said maps. No plan shall be recorded with the Town Clerk until approval has been endorsed thereon and recording of the plan without such endorsement shall make said plan void. A plan revised without a proper endorsement shall also be void. The endorsement of approval shall state the date on which the subdivision approval period expires (see § 169-6P).
N.
Filing and recording. Unless an extension (or extensions) is requested
by the applicant and granted by the Commission pursuant to Section
8-25 of the Connecticut General Statutes, all approved subdivision
plans shall be endorsed by the Commission Chair and subsequently recorded
by the applicant (at his or her cost) in the office of the Town Clerk
within 90 days of either i) the expiration of the appeal period pursuant
to Section 8-8 of the Connecticut General Statutes, or ii) in the
case of an appeal, the termination of such appeal by dismissal, withdrawal
or judgment in favor of the applicant. The Commission hereby authorizes
its officers to grant an initial ninety-day filing extension, provided
there are no subdivision map revisions other than those required by
the Commission's approval action. Endorsed subdivision plans
shall be returned to the applicant in accordance with the provisions
of Section 8-25 of the Connecticut General Statutes. To address statutory
filing requirements, to ensure adequate time for Town officials to
approve necessary deeds and easements, to make sure required subdivision
work has been completed or bonded satisfactorily and to make sure
that all other subdivision requirements have been addressed suitably.
(1)
All final maps, deeds and easements for recording on the Land Records
(with any associated mortgage releases) shall be submitted to the
Planning Office.
O.
Expiration. The expiration provisions of the Connecticut General
Statutes (particularly Sections 8-26c and 8-26g) shall govern for
all subdivision approvals. Except for subdivisions that qualify for
longer approval periods pursuant to statutory provisions, all public
improvements associated with an approved subdivision shall be completed
within five years of the date of approval unless an extension is granted
by the Commission pursuant to statutory provisions. Any extension
of a conditional approval may be granted in one-year increments up
to statutory limits. The applicant shall provide justification acceptable
to the Commission for any extension request. In reviewing any extension
request, the Commission shall take into account site conditions, the
status of required subdivision work, conditions of subdivision approval
and any regulatory changes that have occurred since the original approval.
Furthermore, the Commission shall cite reasons for any granted extensions.
The Commission shall have the right to modify bonding requirements
in association with any extension request. Failure to complete subdivision
work (as defined by the state statutes) within the approval period
shall result in expiration of the approval.
P.
Required improvements and approval considerations.
(1)
All streets, drainage, and other required subdivision improvements
shall be designed and constructed as provided for in these regulations
and also pursuant to the "Engineering Standards and Specifications
Ordinance" adopted by the Mansfield Town Council on February 10, 1975,
with an effective date of March 8, 1975, and as subsequently revised.
All improvements shall be subject to the approval of the Commission,
Department of Public Works, Eastern Highlands Health District, Water
Pollution Control Authority and any other applicable state or local
agency.
(2)
The design of each subdivision shall take into account the principles and recommendations established by the Town Plan of Conservation and Development for land use, street classification and traffic circulation, open space and recreation, community facilities and public services and the protection of natural and man-made features and scenic views and vistas. In approving any proposed subdivision, the Commission shall determine that all required information has been incorporated onto the plans, that all applicable provisions of these regulations, including the subdivision design criteria of § 169-7, have been met and that all other applicable local, state and federal permit requirements have been considered by the subdivider.
A.
Subdivisions in flood hazard areas. In all special flood hazard areas,
the following requirements shall apply:
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2)
All subdivision proposals shall have utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards;
(4)
In Zone A, base flood elevation data shall be provided for subdivision
proposals and other proposed development (including mobile manufactured
home parks and subdivisions) that are greater than five acres or 50
lots;
(5)
All subdivision proposals shall comply with all provisions of Article 10, § 190-70 (fka Art. X, Sec. E), of the Mansfield Zoning Regulations, which include special provisions for proposed activities within designated floodways, including land in Zone A as designated on Mansfield's Flood Insurance Rate Map.
B.
Solar access: energy-efficient design. The applicant shall demonstrate
to the satisfaction of the Planning and Zoning Commission that he/she
has considered, in designing the submitted subdivision plan, the use
of passive solar energy techniques which would not significantly increase
the cost of housing to the buyer, after tax credits, subsidies or
exemptions. As per the provisions of Section 8-25 of the Connecticut
General Statutes, passive solar energy techniques shall be defined
as "site design techniques which maximize solar heat gain, minimize
heat loss and provide thermal storage within a building during the
heating season and minimize heat gain and provide for natural ventilation
during the cooling season." At a minimum, all subdividers shall utilize
the following site design criteria in preparing their subdivision
plans or, alternatively, the subdivider shall demonstrate to the PZC's
satisfaction that the subject design criteria are not feasible due
to specific site characteristics or applicable Historic District regulations:
(1)
Building orientation. Buildings should be oriented with the long
axis oriented east and west with a possible 10° variation to northwest
and a possible 25° variation to the southwest. This creates the
best possibility that large roofs and walls can receive solar radiation.
(2)
Lot orientation. Whenever possible, lot lines should be oriented
so that they run east and west or north and south, which directions
have the best opportunity for orienting buildings toward the sun.
(3)
Street orientation. Where the topography and soil/ledge conditions will permit, streets shall be oriented so that they run in an east-west direction. In the case of new subdivisions where the topography, soil/ledge or previous street orientation prohibits east-west orientation of new streets, the layout of the lots and building shall be adjusted for orientation to the sun [as in Subsection B(1) and (2) above].
(4)
The energy considerations criteria contained in Article 11, § 190-75D(14) (fka Article VI, Section B.4.n) of the Mansfield Zoning Regulations.
(5)
Vegetation.
(6)
Natural and man-made topographic features.
(7)
Protection of solar access within the development.
C.
Lot frontage. No lot shall be approved that does not have the required
frontage on a street that is constructed or bonded for construction
in conformance with the Department of Public Works specifications
or is on an existing Town street or on a state highway.
D.
Lot size and configuration.
(1)
Lot size. All proposed subdivision lots shall meet the minimum lot size provisions of Article 4 of the Zoning Regulations[1] of the Town of Mansfield. Based on existing zoning regulations,
all subdivision lots in the R-90 and RAR-90 Zones shall be a minimum
of 40,000 square feet in size. This lot size provision is designed
to implement the "cluster development" provisions of Sections 8-18
and 8-25c of the Connecticut General Statutes and goals, objectives
and recommendations contained in Mansfield's Plan of Conservation
and Development. In determining an appropriate minimum lot size, the
Commission shall consider the following:
(a)
All applicable zoning regulations and other provisions of these subdivision regulations, including the open space provisions of § 169-13;
(b)
Soil types, terrain and other natural and man-made resources
on the subject subdivision site;
(c)
The statutory provision of Section 8-26c where the Commission
may require cluster development, which is defined as "a building pattern
concentrating units on a particular portion of a parcel so that at
least one-third of the parcel remains as open space to be used exclusively
for recreational, conservation and agricultural purposes except that
nothing herein shall prevent any municipality from requiring more
than one-third open space in any particular cluster development;"
(d)
Potential impacts of the proposed subdivision on off-site or
on-site historic resources, historic village areas, agricultural and
interior forest areas, undeveloped hilltops and ridges, scenic roadways,
greenways and wildlife corridors, surface water or groundwater resources
or other identified natural or man-made resources;
(e)
The site's location with respect to the Willimantic Reservoir
Watershed, existing public water supply wellfields or aquifer areas
that may serve as future public water supply wellfields;
(f)
The site's location with respect to areas depicted on Mansfield's
Plan of Conservation and Development, "Existing and Potential Conservation
Areas" Map, or areas designated for preservation or conservation on
regional and state land use plan.
(2)
Corner lots shall be of sufficient dimensions so that any structure
placed thereon shall conform to the front building setback line on
each street.
(3)
Lot lines. All side lines of lots shall be at right angles to straight
street lines and radial to curved street lines unless the subdivider
can show a variation from this regulation will provide a better lot
or street plan or will help protect natural and man-made features
and scenic views and vistas (see definitions).
(4)
Driveway access. Where a choice exists, lots shall be laid out so
that driveways have access to local streets and not to arterial or
collector streets.
(5)
Health requirements: larger lots. Each lot shall have sufficient
area to accommodate, where public facilities are not otherwise provided,
a private water supply and a private subsurface sewage disposal system.
Any lot found to be unsuitable for occupancy and building by reason
of utility easements, adverse soil conditions, topography, water or
flooding conditions shall be combined with another lot.
(6)
There shall not be any fragments of a lot or remainder of a subdivision
area of less than the specified minimum lot area. These fragments
and remainder are to be conveyed to the owner of an adjacent existing
lot.
(7)
When possible after consideration of other regulatory provisions,
existing stone walls or other natural and man-made features shall
be used for lot boundary lines.
E.
Stone walls/historic features.
(1)
To the extent possible (subject to any safety issues) all existing
stone walls, remains of old foundations and any other historic features
on the subject site shall, regardless of condition, be preserved and
maintained. Furthermore, wherever possible, existing stone walls shall
be used to delineate property lines. The Commission may require stone
walls and other historic features to be included within conservation
easements to help ensure long-term protection.
(2)
All existing stone walls that need to be removed due to street, driveway,
house, septic system or other site construction shall be used to enhance
adjacent segments of walls or other existing walls on the property,
particularly along new property lines. Specific plans regarding any
stone wall removal and proposed stone wall rebuilding or improvements
shall be included on the subdivision plans, and the Commission shall
have the right to require stone wall work to be the responsibility
of the subdivider.
F.
Trees.
(1)
Unless specifically authorized by the Commission, no roadside tree over nine inches dbh (diameter breast height) shall be removed unless the removal is necessary to provide suitable sight lines, to establish suitable driveway or roadside drainage, or to provide suitable underground utility service (see underground utility provisions of § 169-11A).
(2)
Subdivisions shall be designed to preserve, where possible after
consideration of other regulatory provisions, significant trees that
contribute to Mansfield's scenery and/or help enhance significant
man-made and natural features (see definitions of "scenery", "significant
trees" and "natural and man-made features").
G.
Driveway slope sight lines and drainage. No proposed driveway shall
exceed slope of 15%, and all existing and proposed driveways shall
be reconstructed or improved as necessary or designed and constructed
to prevent drainage problems or unsafe driveway sight lines along
adjacent streets. All subdividers shall demonstrate with their plans
that all necessary regrading, tree removal and drainage improvements
have been incorporated. The nature of necessary sight line improvements
shall be dependent on existing conditions, the speed limit of the
adjacent street and the street classification as defined by the Zoning
Regulations. The Commission shall have the right to require a subdivider
to construct any driveway with a slope of 10% or greater and necessary
drainage and sight line work as part of the subdivision improvements.
H.
Common driveways.
(1)
The use of a common driveway is not permitted by right but may be authorized or required by the Commission in situations where a common driveway promotes the design objectives of § 169-5A and where:
(a)
Wetlands, steep slopes or other physical constraints would require
extensive grading, filling or tree removal for individual driveways;
(b)
The common driveway will enhance vehicular and/or pedestrian
safety;
(c)
The common driveway will protect and preserve natural and man-made
features, scenic views and vistas, interior forests and/or existing
or potential conservation areas identified in the Plan of Conservation
and Development (see map 21); or
(2)
Where a common driveway is approved, the Commission shall document
the reason or reasons for approving the common driveway. In addition,
a driveway easement that establishes maintenance and liability responsibilities
shall be depicted on the plans, shall be incorporated onto the deeds
of the subject lots and shall be filed on the Land Records.
(3)
Except where specifically authorized by the Commission pursuant to
this section, any approved common driveway shall serve no more than
three residential lots.
(4)
By a 3/4 vote of the entire Commission (seven votes), the maximum
number of residential lots served by a common driveway may be increased
to four or five lots, but only if the Commission finds that doing
so would significantly:
(a)
Reduce impacts on wetlands, steeply sloped areas, significant
vegetation or other natural resource features; or
(b)
Enhance vehicular and/or pedestrian safety; or
(c)
Protect and preserve natural and man-made features, scenic views
and vistas, interior forests and/or other existing or potential conservation
areas identified in the Plan of Conservation and Development (see
map 21); or
(5)
All sections of a common driveway that include areas that have a
slope of 10% or greater shall be surfaced with an appropriate thickness
of bituminous concrete or an equivalent surface approved by the Commission.
(6)
A common driveway serving two or three lots shall have a minimum
travel width of 12 feet and minimum load-bearing shoulder widths of
two feet. A common driveway serving four or five lots shall have a
minimum travel width of 20 feet. All curves along a common driveway
shall have a minimum inside radius of 25 feet.
(7)
The common driveway has been designed and constructed to safely accommodate fire department apparatus, pursuant to Mansfield's Fire Lane Ordinance (Chapter 125 of the Mansfield Code). Subdivision plans shall include a common driveway cross section that demonstrates compliance with this requirement.
(8)
At all intersections of a common driveway and a street, the common
driveway shall have a minimum travel width of 20 feet for a minimum
length of 40 feet. This width is necessary to safely provide for entering
and exiting traffic.
(10)
Common driveway improvements shall include the following street
number signage:
(a)
Signage listing the approved street numbers of all dwellings
served by a common driveway shall be erected at the intersection of
a common driveway and a street. Signage details, including the location
and nature of support posts, shall be included on subdivision plans.
The subject sign shall not exceed two square feet in size.
(b)
Signage listing the approved street number of an individual
dwelling shall be erected at the intersection of a common driveway
and individual driveway. Signage details, including the location and
nature of support posts, shall be included on subdivision plans.
(11)
A common driveway shall not be used for parking, storage or
other uses that could act as an access impediment.
(12)
A common driveway and all associated improvements, including
signage, shall be considered the responsibility of a subdivider and
shall be completed or bonded pursuant to Mansfield's regulatory
requirements, prior to the filing of a subdivision on the Land Records.
I.
Driveway length standards. To help ensure safe and appropriate access
to a house site for all vehicles, including emergency vehicles, the
following provisions shall apply for all driveways exceeding a length
of 300 feet:
(1)
The driveway shall have a minimum travel width of 12 feet and minimum
load-bearing shoulder widths of two feet, except for certain common
driveway improvements that require a twenty-foot minimum travel width.
All driveway curves shall have a minimum inside radius of 25 feet;
(2)
Pull-off areas adjacent to the driveway shall be provided at average
intervals of every 300 feet or as deemed necessary by the Commission
due to slope, sight line or other site characteristics. Pull-offs
shall have a minimum load-bearing length of 40 feet and minimum width
of 10 feet;
(3)
An adequately sized, located and surfaced turnaround area that will
accommodate a fire truck shall be provided. Unless the following distance
requirements are waived by the Commission due to specific site characteristics,
the turnaround area shall be no closer than 75 feet from a house site
and no further than 200 feet from a house site, and the turnaround
shall be at least 30 feet in length with two-foot-wide, load-bearing
shoulders.
A.
Street planning.
(1)
Proposed streets and rights-of-way shall be planned in such a manner
as to provide safe and convenient access to proposed house sites,
with due consideration for accomplishing an attractive layout and
development of the land in the subdivision and in the neighborhood.
Streets should, in general, follow the contour of the land, with a
location and grade that protects natural and man-made features, enhances
property values, and provides a functional layout that promotes neighborhood
compatibility and other design objectives of these regulations. Proposed
local streets and rights-of-way shall be planned to discourage through
traffic, but also to provide a safe and convenient system for prospective
traffic in the subdivision. Local streets shall also provide a safe
and convenient system for present and prospective traffic in the neighborhood
around the subdivision and shall be planned where appropriate to provide
for the continuation of existing streets in adjoining areas and for
projection into adjoining properties when subdivided. Thoroughfares
shall be planned where necessary to coordinate with the Plan of Conservation
and Development for the Town or neighborhood, and, where necessary,
as a feeder street to a neighborhood.
(2)
Proposed streets that may be projected into adjoining properties
shall be carried to the boundary line; no reserve strips will be permitted.
All streets in a subdivision shall have full access to or shall be
a continuation of one or more state or Town highways.
B.
Street construction. All streets shall be constructed in accordance
with these regulations and the specifications of the Mansfield Department
of Public Works pursuant to the "Engineering Standards and Specifications
Ordinance."
C.
Right-of-way width.
(1)
Street right-of-way widths shall be in accordance with the specifications
of the Mansfield Department of Public Works, with all residential
streets having a minimum right-of-way of at least 50 feet.
(2)
When a subdivision abuts one side of any state or accepted Town street,
the subdivider shall be required to dedicate 1/2 of the total right-of-way
necessary to make said street conform to Mansfield Department of Public
Works specifications in addition, the subdivider may be required to
dedicate the full right-of-way necessary to make horizontal and vertical
adjustments to said street. Any such dedication shall be transferred
to the Town by quitclaim deed or warranty deed and shall be accompanied
by a certification by the subdivider's attorney as to title and
release or subordination of all liens and encumbrances.
D.
Street intersection.
(1)
Where new streets are to be constructed, a subdivision shall have
at least one street intersecting with an existing Town street or state
highway.
(2)
No more than two streets shall intersect or meet at any one point,
and the center line of all streets entering an intersection shall
pass through a single point.
(3)
Local or collector street openings onto a major artery shall be,
in general, at least 500 feet apart.
(4)
The center line of alternate side streets shall not be closer than
150 feet, measured along the center line of the principal street.
(5)
Except where impractical because of topography or other conditions,
the center lines of streets shall be at right angles to each other
for at least 100 feet extending in each direction from the intersection
of the center lines of said street.
(6)
All proposed or future street line intersections shall be connected
with an arc having a minimum radius of 15 feet. If the developer does
not own the property adjacent to the proposed or future street right-of-way
and can demonstrate through a proper design that a road with adequate
radii can be constructed, this requirement may be waived by the Commission.
E.
Permanent dead-end streets.
(1)
Except as noted below in Subsection E(1)(a) and (b), dead-end streets shall provide access to not more than 25 lots or shall not be longer than 2,400 feet, whichever creates the shorter street.
(a)
Dead-end streets longer than 2,400 feet may be permitted in
an RD/LI-zoned area, provided that an emergency access road acceptable
to the PZC is provided, and that the subdivider provides information
acceptable to the PZC that the roadway system will be extended to
a through street, thereby resulting in future compliance with the
2,400-foot maximum length provision.
(b)
Subject to compliance with all other provisions of these regulations
and the receipt of any other necessary permits, including an inland
wetlands license, one additional lot may be permitted by the PZC in
situations where a parcel of remaining land from a previous subdivision
cannot be reasonably accessed in a safe and environmentally appropriate
manner except from the subject dead-end street.
(2)
A dead end shall be considered to begin where it intersects with
a through street.
(3)
The dead-end street shall be provided with a turnaround designed
and constructed to Mansfield Department of Public Works specifications.
(4)
Where a dead-end street does not extend to the boundaries of a tract,
it shall be generally separated from such boundaries by a distance
not less than the minimum lot depth prescribed by the Zoning Regulations
in which the proposed subdivision is located.
F.
Temporary turnaround.
(1)
Temporary turnarounds may be required where it can reasonably be expected that the street will continue onto adjoining land in the future or where a permanent dead-end street is shorter than allowed in Subsection E above and said street is likely to be extended to provide access to maximum lots or distance allowed.
(2)
Temporary turnarounds shall be designed and constructed to Mansfield
Department of Public Works specifications.
(3)
Land for a temporary turnaround shall be provided in the form of
an easement to the Town, which shall contain a condition for automatic
termination of the easement upon extension of the street.
(4)
Pavement of the temporary turnaround shall be removed upon the termination
of the easement and as a condition of the projection of the street
into the adjoining property. The pavement for the temporary turnaround
shall be removed by the subdivider who provides the extension of the
street, and the same subdivider shall also improve the street in the
area of the turnaround to meet specifications of the Mansfield Department
of Public Works.
G.
Existing street improvements.
(1)
Whenever any subdivision is proposed for land fronting on or accessible
only by a street or streets that do not meet the Town's current
"Engineering Standards and Specifications" requirements as administered
by the Mansfield Department of Public Works, and the Commission determines
that approval of the subdivision plan would be contrary to the public
safety unless such street or streets were altered or improved along
the frontage of the proposed subdivision or beyond the limits of the
proposed subdivision, the Commission shall consider denial of such
plan or shall consider conditioning its approval upon completion of
the improvements or alteration of such street or streets by and at
the expense of the subdivider, or shall consider denial of such plan
until the Town Council has authorized expenditures for such improvements.
(2)
In considering alternative actions, the Commission shall take into
account the width and degree of improvement of the street and its
ability to handle the increased volumes of traffic which will be generated
by the proposed subdivision, the ability of school buses and emergency
vehicles to travel the street safely, the drainage conditions of the
street, pedestrian and bicycle safety, and the ability of any vehicle
or person to use the street safely. Before taking action, the Commission
shall consult with the Town Attorney or other qualified legal consultant
with respect to statutory authority and case law pertaining to this
issue.
H.
Street names and signs.
(1)
A proposed street that joins or is in alignment with an existing
street shall bear the same name. All proposed streets serving more
than one lot shall have a name that does not duplicate or closely
approximate in spelling or sound existing street names in Mansfield
or any adjoining city or town.
(2)
One street name sign and supporting post shall be installed at all
street intersections at the expense of the subdivider and shall conform
to the standards of the Town.
I.
Street lighting. When required by the Commission, the subdivider
shall install streetlights at all intersections, including intersections
of new streets with existing streets. The subdivider shall be responsible
for all operating and maintenance costs until the streets are accepted
by the Town. Streetlighting shall be installed in accordance with
standards established by the Town. Lighting fixtures shall be selected
so as to promote safe intersections while taking into account the
goals of minimizing the amount of lighting, preventing undesirable
illumination or glare above the site and preventing light spill (undesirable
light that falls outside the area of intended illumination).
J.
Street trees. All new streets shall include existing or proposed
street trees that meet the following standards:
(1)
Where possible, after consideration of other regulatory provisions,
specimen trees and groups of trees that contribute to scenery and/or
help protect significant man-made and natural features shall be preserved
within the street right-of-way (see definitions of "scenery," "trees"
and "natural and man-made features").
(2)
At a minimum, existing or proposed trees shall be retained or planted
on each side of a new street at an average interval of every 40 feet
to 60 feet or as deemed appropriate by the Commission, based on site
characteristics.
(3)
All new street trees shall be located a minimum of 25 feet from any
existing or proposed septic system or septic reserve area.
(4)
All new street trees shall include a variety of tree species. At
time of planting, small trees shall be in the twelve-foot to eighteen-foot
height range; medium to tall trees shall have a minimum caliper of
1 1/2 inches to two inches.
(5)
All new street trees shall be selected by the project landscape architect
based on site characteristics, street design, or architecture and
tree durability. Where appropriate based on site and neighborhood
characteristics, native tree species should be considered. Plants
identified in the current State Department of Environmental Protection
Agency listing of invasive species shall not be used.
(6)
Planting details for all street trees shall be included on the subdivision
plans.
(7)
The following list is provided as a guide for selecting durable, quality street trees. However, the Commission encourages consideration of additional trees of equivalent quality [see Subsection J(5) above].
|
Small Trees
| |
|---|---|
|
*Shadblow or serviceberry
|
Amelanchier canadensis "Autumn Brilliance" or "Robin Hill"
|
|
Amur maple
|
Acer ginnala
|
|
Bradford pear
|
Pyrus calleryana
|
|
Carolina silverbell
|
Halesia carolina
|
|
Cornelian cherry
|
Cornus mas
|
|
Crabapple
|
Malus hybrids in variety
|
|
*Dogwood
|
Cornus florida
|
|
Dogwood, Korean
|
Cornus kousa
|
|
Hawthorn, "Winter King"
|
Crataegus viridis "Winter King"
|
|
Japanese tree lilac
|
Syringa japonica
|
|
Stewartia
|
Stewartia pseudo-camellia
|
|
NOTE: *Native species or cultivars thereof.
|
|
Medium to Tall Trees
| |
|---|---|
|
Ash, "Raywood"
|
Fraxinus oxycarpa "Raywood"
|
|
*Blue gum
|
Nyssa sylvatica
|
|
Buckeye, Ohio
|
Aesculus glabra
|
|
Elm, royal
|
Ulmus japonica x. Pumila "royal"
|
|
Fastigiated European hornbeam
|
Carpinus betulus fastigiata
|
|
Ginko
|
Gingko biloba "Magyar" and "Princeton Sentry"
|
|
Golden raintree
|
Koelreuteria panniculata
|
|
*Hornbeam, American
|
Carpinus caroliniana
|
|
Katsura
|
Cercidiphyllum japonicum
|
|
Locust, honey
|
Gleditsia tricanthos "Halka" or other cultivars
|
|
Littleleaf linden
|
Tilia cordata "Redmond" or other cultivars
|
|
*Pin oak
|
Quercus palustris
|
|
*Red oak
|
Quercus rubra
|
|
*Red or swamp maple
|
Acer rubrum
|
|
Planetree
|
Platanus x Acerifolia "Bloodgood"
|
|
*Sassafras
|
Sassafras albidum
|
|
Scholar-tree
|
Sophora japonica
|
|
*Sweetgum
|
Liquidambar styraciflua
|
|
Zelkova
|
Zelkova serrata "Green Vase" or "Village Green" or "Halka"
|
|
NOTE: *Native species or cultivars thereof.
|
K.
Street dedication. Approval of a final subdivision plan shall not
be deemed to constitute or affect an acceptance of any street by the
Town. However, the filing of an approved plan shall constitute an
irrevocable offer of dedication by the owner of the land to the Town.
L.
Monument and lot marker specifications.
(1)
Monuments shall be set at corners and angles of all streets, at all
points of curvature and all points of tangency of curved streets,
with accurate reference to some existing permanent monument or marker.
Monuments shall be concrete (or equivalent suitable to the Mansfield
Department of Public Works), not less than four inches square and
four feet long with brass or copper plug or drill holes with cross
marking the center of the four-inch square, all not flush with proposed
grades.
(2)
All lots shall have iron pins at all corners and other control points
on all lot lines installed before endorsement of the final map. Markers
indicating lot boundaries may be iron pipe one inch inside diameter,
four feet long, driven three feet into the ground.
Sidewalks, bikeways, trails and/or other improvements designed
to encourage and enhance safe pedestrian and bicycle use shall be
required, unless specifically waived by a 3/4 vote of the entire Commission
(seven votes), in all subdivisions within or proximate to Plan of
Conservation and Development designated "Planned Development Areas"
proximate to schools, playgrounds, parks and other public facilities;
or proximate to existing or planned walkway, bicycle or trail routes.
In evaluating any waiver request, the Commission shall consider the
size and the location of the proposed subdivision, its relationship
to existing or planned development, school sites, playground areas
and other public areas and the location and nature of existing or
planned sidewalk, bikeway or trail improvements.
A.
Approved plan required. No plan of subdivision shall be approved
until the Director of Public Works and the Commission have approved
the drainage plans.
B.
Facilities to be provided. An adequate stormwater and surface water
drainage system shall be provided to all subdivisions so as to protect
them from flood hazard and inundation by stormwater, springs and other
surface waters. The design and construction of all drainage facilities
shall be in accordance with the Mansfield Department of Public Works
specifications, and a concerted effort shall be made to minimize impervious
surfaces and promote on-site groundwater infiltration. Provisions
shall be made to dispose of surface water, which now drains naturally
into the subdivision from adjoining properties with proper allowance
for increased intensity of flow due to future developments.
C.
Drainage: general requirements.
(1)
Natural streams, whether intermittent or year-round, shall be left
in their natural state and not relocated, dredged, or straightened
unless otherwise approved by the Commission and the Inland Wetland
Agency and, insofar as practicable, lot layouts shall provide for
streams to be at side or rear lot lines or in designated open spaces.
(2)
Existing watercourses entering the subdivision shall be received
and discharged from the subdivision as nearly as possible in the manner
as existed prior to construction of the drainage facilities within
the subdivision. Runoff originating within a subdivision shall be
drained to an adequate outlet.
D.
Drainage easements. Where a subdivision is traversed by a watercourse,
stream, channel or other natural drainageway, the Commission may require
the subdivider to dedicate to the Town a suitable easement for stormwater
drainage of adequate width to conform substantially to the lines of
such watercourse, and easements shall be a minimum of 20 feet in width
and shall be located entirely on one of any two abutting lots.
E.
Drainage rights. The subdivider shall acquire all drainage rights
and shall be responsible for connecting all new drainage to an existing
adequate Town drainage system or to an existing natural watercourse
where drainage rights have been acquired.
F.
Erosion control. The subdivider shall control erosion by proper design and installation of drainage facilities. This includes preserving trees, plant cover, and topsoil. No steep open slopes shall be created, and excavated areas shall be graded and seeded. All erosion and sediment control provisions of Article 11, § 190-75D(19) (fka Article VI, Section B.4.s.) of the Zoning Regulations shall be addressed.
A.
Underground utilities.
(1)
Prior to submitting a subdivision application, the subdivider shall
review proposed plans with utility companies that will service the
proposed subdivision lots. Any issues regarding underground utility
installation should be reviewed with the Town Planner prior to submission
of the application to the Commission. Proposed utility lines and associated
utility easement areas shall be included on subdivision plans within
the proposed development area envelope (see definition).
(2)
Unless waived as per the provisions of Subsection B, all new electrical, telephone, cable television and other wired utility lines serving future structures on proposed subdivision lots shall be installed underground. This requirement is designed to help preserve Mansfield's natural and man-made features, to help protect trees, walls and other features, and to enhance public safety and property values.
(3)
Subject to the waiver provisions of Subsection B, all subdivision maps shall clearly depict or note the following:
(a)
All wired utility lines serving structures on new lots shall
be installed underground. Utility lines shall be installed in a suitable
conduit system unless the responsible utility company determines that
direct burial is more appropriate;
(b)
Upon approval by the responsible utility company, plans shall
be submitted to depict the location of all underground utility easement
areas;
(c)
All under-pavement conduits shall be installed prior to the
paving of any streets or driveways.
(4)
In situations where the responsible utility company has approved
proposed underground utility lines, prior to approving a subdivision
plan, the Commission shall verify that all proposed underground utility
lines within regulated wetland areas have been approved by the Mansfield
Inland Wetland Agency and all underground utility lines within Town-designated
"scenic roads" have been approved pursuant to Mansfield's Scenic
Road Ordinance[1] when such approval, by the terms of said ordinance, is
required.
B.
Waiver of underground utilities. By a 3/4 vote of the entire Commission, all or part of the requirement for underground utility installation cited in Subsection A may be waived. The burden of proof shall be on the subdivider to show that underground utility installation to serve all or part of a proposed subdivision is inappropriate. The following factors shall be considered in reviewing any request for waiver of underground utilities:
(1)
Recommendations or comments from the responsible electric utility
company and/or other utility companies that will provide service to
the proposed subdivision lots;
(2)
The existing character of the subdivision location and potential
impacts on adjacent property owners and the public's health,
safety and welfare;
(3)
Potential impacts on natural and man-made features; trees, scenic
views and vistas; comments and/or actions received from the Inland
Wetland Agency, Conservation Commission or other agencies;
(4)
Potential impacts on roadside features such as trees, tree canopies,
walls and landscaped areas; any comments and/or actions taken pursuant
to review under Mansfield's Scenic Road Ordinance;
(5)
Physical constraints (wetlands, watercourses, ledge, groundwater,
existing structures, existing site improvements, etc.) that will significantly
affect the cost of providing underground service;
(6)
The nature of the existing utility system (location, number of circuits,
voltage, transformers, etc.) and the need for and cost of extending
distribution line to serve the proposed subdivision.
C.
Sanitary sewers. New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters. A connection
to a public sanitary sewer system is necessary when required by the
provisions of the Mansfield Sewer Use Ordinance.[2]
D.
Individual subsurface sewage disposal. If public sanitary sewers
are not available, lots in a subdivision shall be served by individual
subsurface sewage disposal systems in accordance with the provisions
of the Public Health Code of the State of Connecticut and local ordinances
and regulations. On-site sewage disposal systems shall be located
so as to avoid impairment to them or contamination from them during
flooding.
E.
Public water supply. Where a public water system is accessible as
determined by the Commission, all necessary mains and laterals for
connection from the individual lots to the public system shall be
installed and connected with the public system as approved by the
municipal agency having jurisdiction without expense to the Town and
to the satisfaction of the Town. Such installation shall be subject
to the approval of the Director of Public Works and the Commission.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
F.
Community water system. If a public water supply is not available,
the subdivider may install a community water system subject to the
approval of appropriate state and local agencies. Such system shall
meet the specifications for and be capable of connection to a public
water system. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the system.
G.
Individual wells. Where no public water system is available or community
water system is proposed, lots shall be served by individual wells
in accordance with the provisions of state and local regulations.
All new and replacement individual wells shall be designed to minimize
or eliminate infiltration of floodwaters into the well.
The subdivider and/or contractor shall have available at the
project, at all times, a clearly readable copy of all approved plans
and specifications, and shall cooperate in every way possible with
any inspector or representative of the Town.
A.
Dedication.
(1)
Except as exempted by Subsection A(6) below, the Commission shall have the right to require up to 15% or, for cluster developments approved pursuant to Sections 8-26c and 8-18 of the Connecticut General Statutes and § 169-7D and other provisions of these regulations, up to 40% of the land to be subdivided, as open space, park or playground land to be used exclusively for recreational, conservation and/or agricultural purposes. Open space, park or recreation areas larger than specified above may be proposed by the subdivider and approved by the Commission.
(2)
The actual land to be dedicated as open space, park or recreation
land shall be within the site currently being subdivided on nearby
land owned or controlled by the subdivider.
(3)
For subdivisions of multiple sections or resubdivisions where open
space dedications were not previously made, the Commission shall have
the right to base the dedication requirement on the area of land currently
being subdivided plus the area of land of previous sections where
an open space dedication was not made, provided:
(4)
Where required, the land so dedicated shall be designed as an integral
part of the subdivision and shall be chosen on the basis of its value
in providing open space, park or playground benefits to the future
occupants of the proposed subdivision and its value in:
(a)
Promoting a cluster development building pattern as defined in Section 8-18 of the Connecticut General Statutes and addressing the minimum lot consideration cited in § 169-7D of these regulations;
(b)
Protecting and conserving natural and man-made features, including
aquifer areas, agricultural lands, hilltops or ridges, expanses of
valley floors and features along existing roadways, and/or scenic
views and vistas;
(c)
Promoting Mansfield's Plan of Conservation and Development
and other adopted open space and recreation plans for the Town;
(d)
Enhancing living conditions and protecting cultural and historic
features;
(e)
Creating recreational opportunity;
(f)
Providing greenbelts and trails connecting parks and separated
open space parcels and providing maximum flexibility for potential
open space, park or playground extensions onto adjacent properties;
(g)
Protecting endangered and threatened species, state species
of special concern, significant natural communities, important wildlife
corridors and interior forest habitats.
(5)
For subdivisions of three lots or fewer, open space, park and playground dedications shall be considered only if the subject property contains land adjacent to existing preserved open space, park or playground land or the land has value as per the criteria of Subsection A(4). For subdivisions of multiple sections or resubdivisions, the subdivision area and number of lots shall be calculated on a cumulative basis.
(6)
In accordance with the dedication options cited in Subsection E and in accordance with the other provisions of this regulation, all subdivisions involving more than three lots shall submit, as part of the subdivision plan, the following:
(7)
For subdivisions of multiple sections or resubdivisions, the subdivision
area and number of the lots shall be calculated on a cumulative basis.
(8)
In all instances, final determination regarding the need for open
space, park or playground land and the location, extent and use of
open space, park or playground land and the appropriate method(s)
of dedication shall be the responsibility of the Commission. Where
required, each dedication shall be based on the criteria established
in this regulation and shall be of suitable size, location, topography
and general character to serve the particular purposes deemed proper
by the Commission.
(9)
Exemptions. In accordance with the provisions of Section 8-25 of
the Connecticut General Statutes, as modified by P.A. 90-239, the
mandatory open space 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 20% or more of the total housing
units to be constructed in such subdivision. However, all subdividers
are encouraged to consider dedications for open space, park or playground
purposes.
B.
Referrals.
(1)
For all subdivisions involving more than three lots, the Commission shall refer the subdivision proposal to the Town Council, Conservation Commission, Parks and Natural Resources Committee, Recreation Advisory Committee and any other agency or organization the Commission deems may have an interest. Referrals are optional for subdivisions involving three or fewer lots. Referrals are mandatory whenever a subdivider proposed the payment in lieu of dedication option cited in Subsection F.
(2)
All referral comments shall be considered with respect to the proposed
subdivision plan, site and neighborhood characteristics and the standards
and objectives cited in this regulation. Referral comments should
consider:
(a)
The significance of the natural, agricultural, cultural and
historic features and resources of the site, the adequacy of their
protection in the proposed plan and specific recommendations or measures
or changes in the plan to effect their conservation and protection;
(b)
The most appropriate method of open space, park or playground dedication, taking into account the subdivision characteristics and the objectives cited in Subsection A(4);
(c)
The size of the subject subdivision and the need (existing or
anticipated) for active recreational facilities in the area of the
site;
(d)
The most appropriate location and extent of open space to be
preserved and the locations of any recommended conservation easements.
C.
Character of land to be dedicated.
(1)
Where an open space, park or playground dedication is required by
the Commission, the land to be dedicated to meet Town requirements
may include wetlands or watercourses as defined in the Connecticut
General Statutes, and slopes over 20%, but the Commission has the
right to require that the percentage of the dedicated land within
these wetland, watercourse and steep slope categories is not greater
than the percentage of wetlands, watercourses and slopes over 20%
within the property to be subdivided and, as applicable, within previous
subdivision sections where dedications were not made.
(2)
For example, consider a 100-acre tract to be subdivided with, cumulatively,
40 acres of wetlands, watercourses and slopes over 20% (40% of land
to be subdivided) and 60 acres of land without these limitations (60%
of land to be subdivided). The Commission shall have the right to
require 15 acres of open space, park or playground land (0.15 times
100), of which at least nine acres (0.6 times 15) does not include
wetlands, watercourses or slopes over 20%.
D.
Location of land to be dedicated. In evaluating a potential open
space dedication, the Commission shall have the right to consider
all land within the property to be subdivided, and, with the subdivider's
consent, any other nearby tract owned, controlled or optioned by the
subdivider. Subject to the criteria established in this regulation,
all subdivider-proposed locations for open space, park or playground
dedications shall be considered by the Commission.
E.
Methods for open space dedication. As noted in Subsection A(5), final determination of the appropriate method(s) of meeting open space, park or playground dedication requirements shall be the responsibility of the Commission and shall be based on the criteria established in this regulation. The following dedication methods shall be considered:
(1)
Dedication to the Town of Mansfield.
(a)
In considering dedication to the Town of Mansfield, the number
of subdivision lots and the size, location, topography and general
character of the site shall be evaluated with respect to potential
benefits to the future residents of the proposed subdivision and with
respect to municipal goals and objectives. In many cases, open space
objectives will be suitably addressed through dedication methods other
than municipal ownership. Subject to the comments of the Town Council
and other referral reports, dedication to the Town shall be most appropriate
whenever one or more of the following criteria are met:
[1]
The land to be subdivided has Town-wide open space, historic
or environmental significance or existing hiking trails or recreational
attributes that would best be protected through municipal ownership;
[2]
The land to be subdivided is adjacent to existing municipal
open space, parks, or playgrounds;
[3]
Where Plan of Conservation and Development or other open space
or recreational goals or objectives would best be promoted through
municipal ownership.
(b)
Unless otherwise indicated by the Commission, land to be dedicated
to the Town shall be labeled on the final subdivision plan as "Land
to be dedicated to the Town of Mansfield for open space, park or playground
purposes."
(2)
Dedication through conservation easement. The Commission shall have
the right to require open space, park or playground requirements to
be met through the establishment of conservation easements. Conservation
easements, which restrict the use of the land but do not transfer
ownership, can be utilized to address many open space, agricultural,
historic and environmental protection objectives where a transfer
of ownership is not necessary or appropriate to achieve land use goals.
Conservation easements may provide for public access, but, in most
cases where public access is deemed appropriate, ownership by a governmental
agency or private conservation organization should be considered.
All conservation easements shall be shown on the subdivision plans
and draft easement documents prepared in accordance with Town guidelines
shall be submitted for review in accordance with other provisions
of these regulations.
(3)
Dedication through other governmental agencies, land trusts, or other
conservation organizations. The Commission, upon the request of the
subdivider, may allow open space, park or playground dedication requirements
to be met through the transferal of land to other government agencies,
land trusts, or other conservation organizations. In cases where these
methods are considered, the recipient agency shall indicate its interest
in receiving the subject land and the actual transferal shall take
place prior to or concurrent with the filing of the subdivision maps
on the Land Records, unless an alternative schedule is approved by
the Commission. The subject transferal shall be shown on the final
subdivision plan.
(4)
Dedication through homeowners' associations.
(a)
The Commission, upon the request of the subdivider, may allow
open space, park or playground dedication requirements to be met through
the transferal of land to an association of property owners. Such
a transferal shall be in accordance with guidelines established by
the Commission and shall include provisions which:
[1]
Establish mandatory participation in an association of property
owners to maintain the land reservation for established open space,
park or playground purposes, with power to assess all members for
all necessary costs;
[2]
Shall be binding on all future property owners;
[3]
Shall ensure adequate maintenance and liability protection;
[4]
Shall provide for the potential dissolution of the association
by a vote of all members (at a minimum, a majority vote of all members
shall be required for dissolution). Upon dissolution of the association,
the open space dedication shall revert to the Town, which may take
action through the Town Council to retain or dispose of said open
space. Where Town ownership is not retained, the land shall be subject
to a conservation easement and shall be used only for purposes consistent
with provisions of such easement.
(b)
After verification by the Commission and Town Attorney that the provisions of Subsection E(4)(a)[1] through [4] have been incorporated, the legal documents establishing the homeowners' association shall be filed by the subdivider on the Land Records prior to or concurrent with the filing of the subdivision maps on the Land Records, unless an alternative schedule is approved by the Commission. The subject transferal shall be shown on the final subdivision plan.
F.
Payment in lieu of dedication. After receipt of referral reports (see Subsection B), the Commission may authorize all or part of the open space, park or playground dedication requirements to be met through a payment in lieu of dedication. This payment in lieu of dedication option shall be considered only where other dedication options are not considered appropriate by the Commission. In cases where this option is utilized, the provisions of Section 8-25 of the Connecticut General Statutes and Public Act 90-239 shall be met and the subject payment shall be used for the purpose of preserving open space or acquiring additional land for open space or for recreational or agricultural purposes.
G.
Access requirements. With the exception of conservation easements
without public access or proposed expansions of existing open space,
park or recreation areas which currently have adequate access, all
open space, park and playground dedications shall extend to or have
a right-of-way to a street as defined in these regulations. The frontage
or right-of-way shall be at least 20 feet wide and the topography
and physical character of the accessway shall be suitable for vehicular
and/or pedestrian traffic as determined by the Commission. At its
discretion, the Commission shall have the right to require the subdivider
to make improvements such as grading, drainage and surfacing along
the accessway to ensure safe and suitable access by fire, police or
other emergency vehicles and the public.
H.
Site improvements.
(1)
In addition to the access requirements of Subsection G, the Commission shall have the right to require a subdivider to include, as part of subdivider responsible public on-site improvements, park and/or hiking trail improvements, including, as appropriate, clearing, grading, drainage, base preparation, surfacing and restabilization of all disturbed areas. All referral reports shall be considered in determining whether site improvements are appropriate. The degree of site improvement required shall be directly associated with the number of proposed lots within the subject subdivision. For example, a graded and seeded multipurpose playground field may be a suitable requirement for a larger subdivision of 20 or more lots and/or trail improvements may be required to link a subdivision site to adjacent parks and trail systems or to otherwise enhance access to existing or proposed open space areas. In situations where site improvements are required, the site work shall be depicted and fully documented on final subdivision plans and the site work shall be completed or fully bonded to the Commission's satisfaction before final maps are signed and filed on the Land Records.
(2)
In situations where on-site public trail improvements are deemed
appropriate, the degree and nature of clearing, base preparation,
drainage and surface improvements shall be determined taking into
account the size and location of the subdivision and site and neighborhood
characteristics. Where required, trails shall have a minimum width
of five feet and shall have an appropriate base, surface and drainage
to allow year-round use. Stone dust surfacing may be required and
all wetland or watercourse crossings shall utilize cedar or pressure-treated
wood or other materials acceptable to the Commission. Trail marking
and access signage also can be required. Where appropriate, a trail
shall be located at least 50 feet from a building area envelope and
shall be buffered from a development area envelope.
(3)
With the exception of site work that may be required by the provisions of Subsections G and H(1) and or agricultural activities approved by the Commission, all land dedicated as open space or parkland shall be left in its natural state by the subdivider and shall not be graded, cleared or used as a repository for stumps, rocks, brush, soil, building materials or debris.
I.
Monumentation.
(1)
In all cases where land is dedicated for open space, park or playground use, the subdivider shall be required to place permanent markers on the ground to delineate the boundaries of the land so dedicated. Said markers shall be installed as per the standards cited in § 169-8L(2) of these regulations.
(2)
In addition, the Commission shall have the right to require subdividers
to place markers on trees or four-inch diameter cedar posts (where
trees are not available or posts are needed to emphasize the boundaries)
along open space or conservation easement boundaries.
J.
Legal requirements. The subdivider shall propose and the Commission shall determine the form and adequacy of all arrangements for ownership, use and maintenance responsibility for all dedicated open space, park or playground areas and for all conservation easements. All conveyances of rights, title, interest and easements shall be in a form approved by the Town Attorney, shall be accompanied by a certificate of title and releases or subordinations of liens and encumbrances where appropriate, and shall be executed and recorded on the Mansfield Land Records prior to or concurrent with the filing of the final subdivision plan, unless an alternative schedule is approved by the Commission (also see § 169-6O).
K.
Modifications to approved dedication arrangements. In the event the
Town Council decides not to accept land designated for dedication
to the Town, or in the event another approved dedication arrangement
cannot be finalized, the Commission shall reanalyze the subject situation
and determine the appropriate manner of fulfilling the open space,
park or recreation requirements of these regulations.
L.
Review of preliminary open space, park or playground plans. If questions arise regarding the provisions of this open space, park or playground dedication regulation, prospective subdividers are encouraged to review their preliminary plans with the Commission's staff. As appropriate, an informal review with Commission staff (as provided for in § 169-5B) or the referral agencies identified in § 169-13B can be arranged.
A.
Completion of improvements.
(1)
Pursuant to other provisions of these regulations, subdividers shall
be responsible for completing and bonding subdivision improvements,
including approved streets, common driveways, sidewalks, trails and
parking improvements, drainage and site work improvements. These subdivision
improvements shall be completed and/or bonded prior to the issuance
of a certificate of occupancy. The Commission, with the advice of
the Town's Planning and Engineering staff, may prescribe the
extent to which and the manner in which subdivision improvements are
completed and associated utilities are provided.
(2)
For all subdivision lots that are dependent on new streets for access,
the following specific completion provisions shall be met:
(a)
No zoning permit shall be issued for new dwellings until the
roadway binder course and all associated drainage and grading have
been completed to the satisfaction of the Town Engineer, or his designated
agent, and the Fire Marshal and until the new subdivision road has
been fully bonded for completion pursuant to Mansfield's regulatory
provisions.
(b)
Unless specifically authorized by the Commission, no zoning
certificate of compliance shall be issued for a new dwelling unless
the roadway and all associated drainage, signage, site stabilization
and lot monumentation has been completed and accepted by the Town.
B.
Filing. In lieu of completion of all or part of the required improvements,
the Commission may require the subdivider to file with the Town a
performance bond in accordance with the provisions of Article VI,
Section C, of the Zoning Regulations,[1] in an amount and with terms and conditions satisfactory
to the Commission, securing to the Town the actual cost of construction
and installation of such improvements. The period within which required
improvements shall be constructed shall be specified by the Commission
and expressed in the bond. Said bond shall be satisfactory to the
Town Attorney as to form, sufficiency and manner of execution.
C.
Utilities. In the case of water mains, electric line, sewer mains,
or other utilities to be installed by or for a public utility or municipal
agency or authority, a statement from such agency that the work will
be done within a specified time and at no expense to the Town may
be accepted in lieu of a bond.
D.
Extension of completion date. The Commission may extend the completion
date for public improvements if written application is made by the
subdivider for such extension. As a condition of such extension, the
Commission may review the bond amount to make sure it is adequate
to cover the cost of the remaining public improvements and may require
a new or increased bond to cover the cost of the remaining public
improvements.
E.
Partial release. The Commission may authorize, if the Director of
Public Works or his designee in his judgment determines that a substantial
portion of the public improvements called for in the final plan approved
by the Commission have been completed, one or more partial releases
of a portion of the bond, the balance to be sufficient to guarantee
completion of the public improvements.
F.
Final release. The Commission shall authorize final release of the
bond, or any balance thereof, upon submission of a written statement
by the Director of Public Works or his designee to the Commission
certifying that all public improvements called for in the final plan
have been completed and that the Town Council has accepted any new
street or streets constructed in the subdivision, and that the subdivider
has submitted as-built improvement and utilities maps to the Director
of Public Works or his designee.
G.
Maintenance security. Prior to the release of the bond required in Subsection B herein, the subdivider shall present maintenance security equal to 10% of the full bond amount to guarantee for a period of one year all the improvements required by these regulations.
H.
As-built plans. The subdivider shall cause to be prepared by his
engineer as-built public improvements and utilities maps which show
all public improvements and utilities as constructed and installed.
Such maps shall be based on information provided by the Director of
Public Works or his designee, utility companies, and the subdivider's
engineer. As-built plans shall be on Mylar and filed in the office
of the Department of Public Works.
A.
Property covered. The subdivider shall provide a warranty deed running
from the record owner to the Town, free and clear of all encumbrances
except easements, for the street(s) and open space and other public
lands as may be required for the subdivision, together with, as appurtenant
to such streets, all utility, access and other easements as shown
on the subdivision plan approved by the Commission. No final subdivision
shall be signed by the Commission Chair until all necessary deeds
and easements have been submitted to and approved by the Town. In
reviewing and approving all deeds and easements, the Town shall have
the right to require title certifications, the release or, where applicable,
subordination of all liens and encumbrances and any other related
information that may be required by the Town Attorney.
B.
Escrow. All deeds must be acceptable to the Town Attorney and shall
refer to maps by title and to road stationing where necessary for
Town acceptance of public streets. Such deed shall be held in escrow
by the Commission to be recorded on the Town Land Records upon acceptance
by the Town of the roads, and in no case shall the acceptance of any
such deed by any board or commission, official agent, or employee
of the Town be deemed an acceptance of such streets by the Town.
A.
Amendments. These regulations may be amended by the Commission at
any meeting called for that purpose, and after a public hearing, notice
of which shall be given in accordance with state statutes.
B.
Validity. If any section, clause, provision or portion of these regulations
be held to be invalid or unconstitutional by any court of competent
jurisdiction, such holdings shall not affect or impair any other section,
clause, provision or portion of these regulations.
C.
Enforcement. All departments, officials, and employees of the Town
vested with the duty or authority to issue permits or licenses shall
conform to the provisions of these regulations and shall issue no
permit or license for uses, structures, or purposes where the same
would be in conflict with the provisions of said regulations, and
any permit or license, if issued in conflict with the provisions of
said regulations, shall be null and void.
D.
Subdivision fees. The fee for each final subdivision application
or revision thereof shall be that set by the General Statutes or by
municipal ordinance.
