A. 
Recommended preapplication conference. To improve the proposed subdivision plan and assist the subdivider, the Commission strongly recommends that, prior to the submission of a subdivision application, the subdivider initiate a preapplication conference, as specified in § 310-3.02, with the Town Planner and the Commission to discuss conceptual aspects of the proposed subdivision and present a preliminary layout.
B. 
Subdivision plan approval and the sale of lots. All plans for the subdivision or resubdivision of land must be submitted to the Commission for approval. No lot resulting from the subdivision or resubdivision of any tract or parcel of land shall be sold or offered for sale or used for building development, and no certificate of zoning compliance (zoning permit) for any use, nor any building permit for the erection or enlargement of any building on such lot shall be granted without the prior approval of the subdivision or resubdivision plan, or any amendment thereof, by the Commission and the filing of the endorsed subdivision plan in the office of the Town Clerk. Every subdivision submitted must comply with § 310-6.02 of these regulations as authorized under C.G.S. § 8-25(c). Every subdivider proposing to subdivide a parcel (or portion of a parcel of land) completely within the Town of Willington that on the date June 1, 2011, was equal to or larger than 25 acres in any zoning district allowing residential development must submit an open space subdivision plan that meets the requirements of Article 6 and the other relevant provisions of these regulations and Chapter 315, Zoning Regulations.
C. 
Amended subdivision. Amendments and/or modifications to an approved subdivision plan that do not constitute a resubdivision and that involve any change in an improvement, property line, or other physical feature shown on the approved subdivision plan must be reviewed and approved by the Commission. The subdivider shall submit 15 copies of a proposed amended subdivision plan and one set of plans in the digital format specified by the Commission. For each application, the subdivider shall also submit such additional information and documents as is reasonably necessary, or as the Commission may require, to understand the nature and purpose of the proposed modification or amendment. All provisions of the original approved subdivision or resubdivision shall be complied with, except as specifically approved by the Commission. No amended subdivision shall be deemed approved until an endorsed subdivision plan showing all approved changes from the originally approved subdivision plan has been filed in the office of the Town Clerk.
A. 
Purpose. The purpose of the preapplication conference is to provide initial guidance to the subdivider on the compatibility of the proposal with adopted growth management policies such as the Willington Plan of Conservation and Development prior to developing the subdivision plan and to identify areas of concern so as to minimize delay, expense and inconvenience to the subdivider, the public, and the Commission upon the future receipt, if any, of an application for subdivision.
B. 
Preapplication conference materials. The subdivider may submit to the Commission a brief letter requesting a preapplication conference regarding the development of the subject site as well as 15 paper prints of the preliminary layout, prepared in accordance with § 310-4.01 of these regulations, but this is not required.
C. 
Technical reports. It is recommended that the subdivider obtain from a licensed professional engineer a written report or reports as to the general feasibility of the proposed water supply and the proposed drainage plan and sewage disposal in the area to be subdivided and provide such report(s) to the Commission in paper as well as electronic forms. The Commission may suggest the subdivider perform seepage or other tests, as it deems advisable, to evaluate compliance with these regulations.
D. 
Scheduling a meeting. At the time of the filing of a request for the consideration of a preliminary layout, the matter shall be placed on the agenda for a public meeting of the Commission. Whenever desirable, the Commission and/or its representative(s) may examine the site of the proposed subdivision prior to the meeting, and the subdivider, by making a request under this section, shall be deemed to consent to such site examination, and if the Commission designates a site walk, such permission shall allow the general public, in company with the Commission only, to inspect such property. The Commission shall give reasonable notice to the subdivider of any proposed site inspections and the subdivider shall be entitled and encouraged to attend any such inspections.
E. 
Referral to relevant municipal commissions or regional or state agencies. The Commission may refer the preliminary layout to the Inland Wetlands and Watercourses Commission (if not already in receipt of an application), the Conservation Commission, and any other board or agency from which the Commission desires preliminary input for review and comment. These comments shall be purely advisory.
F. 
Notice of the meeting of Commission. The Commission shall notify the subdivider, prior to the meeting, of the date, time and place of the meeting of the Commission at which the preliminary layout is to be considered. The subdivider or a fully authorized representative should attend the meeting unless unable to do so, and should notify the Commission at least one day prior to the meeting if unable to attend.
G. 
Consideration of preliminary layout. Neither the subdivider nor the Commission shall be in any way bound by any statement made during the consideration of the preliminary layout. The Commission's comments during the preapplication conference are preliminary and subject to future change and refinement. There shall be no vote or other action during the preapplication conference.
[Amended 9-16-2025, eff. 10-1-2025]
A. 
It is the subdivider's responsibility to submit a complete application and to demonstrate compliance with all criteria and requirements of these regulations and, accordingly, the subdivider may submit such additional reports or information as may be required to satisfy that responsibility. Any application found to be incomplete may be denied by the Commission without prejudice to a future complete application. All materials submitted by the applicant in accordance with these regulations shall include, in addition to any hard copy, the same materials in that digital format which the Commission shall designate.
B. 
The filing of an application with the Commission shall be deemed to constitute permission by the subdivider for the Commission or its agents to enter onto the subject property for the purpose of inspections and tests, and, if the Commission designates a site walk, such permission shall allow the general public, in company with the Commission only, to inspect such property. The Commission shall give reasonable notice to the subdivider of any proposed site inspection and the subdivider shall be entitled and encouraged to attend such inspections.
(1) 
Filing of subdivision application. Any subdivider seeking subdivision approval shall file in the office of the Commission no fewer than 15 copies and one digital copy of the following:
(a) 
An application on forms provided by the Commission, signed by both the subdivider and the owner(s) of the land to be subdivided or their respective authorized agents.
(b) 
A nonrefundable application fee, in the form of a check made payable to the Town of Willington. The fee shall be calculated based on Chapter 231, Land Use Applications, of the Town Code, as filed in the Town Clerk's office and as may be amended from time to time.
(c) 
A parcel history map, depicting the tract as of the effective date of the adoption of subdivision regulations for the Town of Willington (March 3, 1969). Such map shall be at a scale of one inch equals 200 feet, more or less, and shall indicate all divisions of the property, or any property of which was formerly a part, since the said effective date of subdivision regulation in Willington and a table containing the dates of such divisions and the grantors and grantees of any parcels or approved subdivisions so created.
(d) 
A description of any existing deed restrictions, covenants, easements, rights-of-way, or similar encumbrances that run with the land, including the identity of the dominant and servient estates, the volume and page of the Willington Land Records where the same are recorded, and the date upon which they will expire, if any.
(e) 
A subdivision plan conforming to § 310-4.02 of these regulations.
(f) 
A road plan and profile conforming to § 310-4.03 of these regulations.
(g) 
A report from a licensed professional engineer of the adequacy of water supply and distribution, sanitary sewer systems and sewage disposal systems, roads and driveways, drainage and stormwater management systems, soil and erosion control measures, grading, and easements as shown on the subdivision plan and road plan and profile, as well as any other feature or element included in or affecting the proposed subdivision that falls within their professional purview.
(h) 
A report from the Town Health Official or their respective designees, indicating compliance with the Public Health Code for every lot depicted upon the subdivision plan or, if the subdivider proposes to utilize a community sewerage system, as defined in C.G.S. § 7-245, a report from the Willington Water Pollution Control Authority indicating that all requirements of C.G.S. § 7-246f have been satisfied.
(i) 
A report from, and evidence of approval by, the Willington Inland Wetlands and Watercourses Commission of any permits required pursuant to Chapter 304, Inland Wetlands and Watercourses Regulations, for the subdivision plan as submitted and, in addition, written evidence of approval of the activities depicted on the subdivision plan by the U.S. Army Corps of Engineers.
(j) 
Proof of mailing of written notice of the application to the water company and to the Commissioner of Public Health for any subdivision application, including land that is within an aquifer protection area and/or within the watershed of a water company, as required in C.G.S. § 8-3i, provided such water company has filed a map showing the boundaries of the watershed on the land records of the Town. Such notice shall be by certified mail, return receipt requested, and shall be mailed at the time of application. The subdivider shall submit evidence of such notice to the Commission at the time of application.
(k) 
For subdivisions of five acres or more, proof of mailing of written inquiry to the State Archaeologist to determine if there is existing evidence or a reason to believe evidence exists of sites of archaeological significance within the subdivision. Such inquiry shall be made by certified mail, return receipt requested. If no reply from the State Archaeologist is received within 30 days of receipt of the notice, it shall be presumed that the State Archaeologist has determined that the area is not located within an area of archaeological significance. The Commission may require an archaeological assessment where it determines that the subdivision may contain significant cultural resources, based on the Plan of Conservation and Development, State Archaeologist's report, or other pertinent information reviewed by the Commission.
(l) 
Where the proposed subdivision includes only a portion of an existing tract or only a portion of the subdivider's property, a preliminary plan of the future street and lot pattern for the remainder of the tract or property may be required by the Commission.
(m) 
In accordance with C.G.S. § 8-25a , any subdivision providing water by means of a water company, as that term is defined in C.G.S. § 16-262m(a), shall provide to the Commission a certified copy of the certificate of public convenience and necessity issued for the subdivision by the Connecticut Department of Public Health or, in the alternative, a certified copy of a resolution from the Town of Willington Board of Selectmen, waiving such certificate and agreeing that the Town of Willington shall be responsible for the operation of the subject water company in the event that the company is at any time unable or unwilling to provide adequate service to its customers. The Commission may approve a subdivision subject to the condition that a certificate of public convenience and necessity be issued prior to the issuance of any building permit, provided that a Phase I approval has been granted by the Connecticut Department of Public Health.
(n) 
A written estimate, prepared and sealed by a licensed professional engineer, of the cost of installation of any and all improvements depicted on the subdivision plans or required by these regulations. Such written estimate shall contain a detailed analysis of the materials and services required, the cost per unit, and such other information as the Town Engineer may require to facilitate his/her review of the estimate. The Town Engineer shall review the estimate and make a recommendation to the Commission that it be accepted with or without modifications.
(o) 
Such other reports as the Commission may require in order to evaluate compliance with these regulations. Where a significant environmental impact may be involved, the Commission may request a review of the application by the Eastern Connecticut Resource Conservation and Development Area Environmental Review Team or other public or private consultant. The Commission may also require an impact statement in accordance with § 310-9.04 of these regulations.
(2) 
Receipt by Commission. Following the date of receipt of the application for subdivision in the Land Use Department, the Commission shall place the matter on the agenda of its next regular meeting for acknowledgement, provided the complete application is received in the proper form at least one week prior to such meeting. If the aforesaid time requirement is not met, the plan shall be held for the following public meeting of the Commission. Regardless of the appearance on the Commission's agenda for acknowledgement, the legal date for the receipt of the application shall be in accordance with the Connecticut General Statutes.
(3) 
Referral to relevant municipal commissions or regional or state agencies. The Commission shall refer the subdivision plan to the Conservation Commission and any other board or agency from which the Commission desires input for review and comment. These comments shall be purely advisory.
(4) 
Public hearing. The Commission may, in its discretion, schedule a public hearing on any subdivision application and may, even in the absence of such public hearing, allow interested persons to be heard at the Commission's sole discretion. A public hearing shall always be scheduled for any application for resubdivision. Any such public hearing shall commence no later than 65 days following the date of receipt of the application and shall be completed no later than 35 days following its commencement, except that, upon written consent of the subdivider, either time limitation may be extended one or more times, so long as the total period of all such extension or extensions does not exceed 65 days. The subdivider or an authorized representative should attend any public hearing.
(5) 
Required hearing notices/signage. The following meeting notices are required:
(a) 
In situations where a pending application submitted to the 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 pursuant to C.G.S. Chapter 124, § 8-7d(f), as amended. No hearing shall be conducted unless the adjoining municipality has received said notice. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, appeal, request or plan.
[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.
(b) 
For any proposed subdivision which will abut or include land in another municipality, the Commission shall notify the regional planning agency or agencies of the region in which the other municipality or municipalities is/are located, by certified mail, return receipt requested, not later than 30 days before the public hearing to be held in relation thereto.
(c) 
Pursuant to C.G.S. Chapter 124, § 8-7d(f), as amended, the Commission shall publish notice of the hearing in a newspaper having a general circulation in such municipality where the land that is the subject of the hearing is located at least twice, at intervals of not less than two days, the first not more than 15 days or less than 10 days and the last not less than two days before the date set for the hearing.
(d) 
No less than 10 days preceding the date of the hearing, the subdivider must mail written notice, by certificate of mailing, to all land owners as indicated in the records of the Town Tax Assessor whose property abuts any boundary (including properties across the street or adjacent to) of the property that is proposed for subdivision or resubdivision. Notice shall include the date, time and place of commencement of the public hearing of the Commission at which the subdivision is to be considered, and the subdivider shall also notify them of any continuance of the hearing due to inability of the subdivider to be present and shall submit proof to the Land Use Department of such notification.
(e) 
No less than seven days prior to the opening of any public hearing, the subdivider shall post signs on the property which is the subject of any application for subdivision for which a public hearing is scheduled or for a resubdivision. The face of such signs shall be as provided by the Commission and shall set forth the date, time and place of the public hearing, the agency (the Commission or the Board) hearing the application, and a brief description of the use. It shall be the obligation of the subdivider to post such signs on the property in locations which are plainly visible from the nearest public street and to maintain the sign until the opening of the public hearing. Said sign shall be placed at intervals of one sign every 200 feet along all street(s) upon which the subject parcel has frontage. No sign need be posted for the continuation of a public hearing once it has opened.
(6) 
Consideration of subdivision application. The Commission will review the subdivision application and all accompanying reports and other documents and any new information or changed conditions that might necessitate alteration of the application prior to the Commission's decision thereon; provided, however, that in those cases in which a public hearing has been held, the Commission shall receive no further testimony or information, orally or in writing, in public or in private, once the public hearing has been closed, other than from the Commission's staff or Town, state, or federal agencies, advisors, or officials.
A. 
Commission action. Except as otherwise provided herein, the Commission shall take action on the subdivision application within 65 days of the date of receipt of the application if no public hearing is held, or within 65 days of the close of the public hearing, except that, upon written consent of the subdivider, either time limitation may be extended one or more times, so long as the total period of all such extension or extensions does not exceed 65 days. Such action shall consist of approval, modification and approval, or denial of the application. "Modification," as used in this section, may include conditions that must be satisfied prior to endorsement and filing of the subdivision plan, prior to the issuance of certificates of zoning compliance, prior to the release of bonds, or at other appropriate points in time. In addition, in the case of any application involving an activity regulated under Chapter 304, Inland Wetlands and Watercourses Regulations, the time limit for action shall be extended to 35 days following a decision on such activity by the Willington Inland Wetlands and Watercourses Commission if for any reason the report of the said Commission was not received at the time of application or required updating due to changes in the application during its pendency.
B. 
Notification of action. Within 15 days of action by the Commission, the Commission shall notify the subdivider by registered or certified mail of the action taken by the Commission and shall also cause a notice to be published in a newspaper of general circulation in the Town of Willington. Such notice shall be a simple statement that such application was approved, modified and approved, or disapproved, together with the date of such action.
C. 
Endorsement of subdivision plan. Following approval of a subdivision application, the subdivider shall promptly provide a subdivision plan on Mylar and in digital format (as described under § 310-4.02B) and any other documents necessary for filing in the office of the Town Clerk. The subdivision plan shall incorporate any modification attached to such approval and shall be accompanied by any documents required by these regulations, such as bonds, road deeds, conservation and drainage easements, and the like. Any conveyance to the Town of Willington shall be accompanied by a current certificate of title, prepared by an attorney admitted to the bar of the State of Connecticut, and certifying that such conveyance is free and clear of, or subordinated to, any mortgage, lien, restriction, or other encumbrance. The plan on Mylar shall include, reproduced on the face thereof, a copy of both the Commission's subdivision approval and any inland wetlands permit approved by the Willington Inland Wetlands and Watercourses Commission, including any conditions or modifications thereof. Upon determining that the subdivision plan properly incorporates all matters required by the Commission's decision and by these regulations, the Commission Chairperson or other authorized official shall endorse the Commission's approval on the plan and the date thereof upon the plan.
D. 
Filing of plan. Following the endorsement of the subdivision plan in accordance with the preceding subsection, the subdivider shall file the endorsed Mylar and digital format of the plan with the Town Clerk and pay any necessary filing fees. Such filing must be made within 90 days of the expiration of the appeal period as set forth in C.G.S. § 8-8 or, if an appeal is taken under that statute, within 90 days of termination of the appeal by dismissal, withdrawal, or judgment in favor of the subdivider. The Commission may, upon request of the subdivider, grant up to two extensions of up to 90 days each for such filing. Any subdivision plan not so filed shall become void. The Commission shall have no responsibility to retain any subdivision plans rendered void by operation of this provision.
E. 
Alteration of subdivision plan prior to filing with Town Clerk. If the subdivision plan is altered, changed, erased or revised in any way between the time the Commission's approval is endorsed thereon and the time the plan is filed with the Town Clerk, the approval shall be void unless the alteration has been approved by the Commission and so indicated on the plan.
F. 
Alteration of subdivision plan after filing with Town Clerk. If the subdivision plan is altered, changed, erased, or revised in any way after the time the plan is filed with the Town Clerk, such changes shall be deemed ineffective and void unless they have been approved by the Commission and a new Mylar and digital format showing such changes has been endorsed and filed with the Town Clerk. Changes shall also be submitted in digital format (as described under § 310-4.02B). If the Commission finds that any such changes were made by the subdivider or the subdivider's successor in interest, the Commission may, after a hearing at which the subdivider or subdivider's successor in interest is given an opportunity to be heard, revoke and terminate its approval of the subdivision plan.