The subdivision design standards set forth in this Article 5 are intended to fulfill the requirements of C.G.S. § 8-25 and specifically to assure that land to be subdivided is of such character that it can be used for building purposes without danger to health or the public safety; that proper provision is made for water, drainage, and sewerage and, in areas contiguous to brooks, rivers, or other bodies of water subject to flooding, that proper provision is made for protective flood control measures; that proposed streets are in harmony with existing or proposed principal thoroughfares shown in the Town's Plan of Conservation and Development, especially in regard to safe intersections with such thoroughfares, and are so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs; that reasonable provision is made for the creation and maintenance of open spaces, parks, and playgrounds; and that the design of any subdivision does not unreasonably pollute, impair, or destroy, or create an unreasonable risk of polluting, impairing, or destroying, the air, water, or other natural or historic resources of the Town of Willington or the state.
The standards set forth in this Article 5, elsewhere in these regulations, and in the current Plan of Conservation and Development shall be considered by the Commission in determining whether to approve, modify and approve, or deny any subdivision or resubdivision application. The Commission may modify a proposed subdivision plan in any manner it determines to be reasonably necessary to achieve compliance with such standards. Such modifications may include, without limitation, the adjustment of proposed lot lines; the adjustment of the locations or dimensions of proposed streets, rights-of-way, utilities, or other improvements; or the provision, or the adjustment of the proposed location, of any open space area, park, or playground. Such modifications may also include the elimination, combination or merger of specific lots on the proposed subdivision plan if the Commission deems such modifications necessary to avoid unreasonably adverse impacts to specifically identified natural or historic resources or to avoid specifically identified health or safety hazards to landowners, pedestrians, drivers, or other persons making proper use of any land within the area of the subdivision.
[Amended 9-16-2025, eff. 10-1-2025]
Every subdivider for the subdivision of land, residential or other, shall be bound by the following regulations and requirements:
A.
Suitability of land. Land subject to flooding or bad drainage and land which for any reason the Commission deems harmful to the health, welfare, or safety of future residents and neighbors shall not be used for building purposes.
B.
Compatibility with municipal plans. All subdivisions shall be compatible with the goals and policies of the Willington Plan of Conservation and Development. The subdivider should use this document and associated maps in developing the subdivision plan. Additionally, the preapplication conference is strongly recommended as an opportunity for subdividers to receive initial guidance from Town boards and other sources on the compatibility of the proposal with adopted growth management policies prior to developing the subdivision plan.
D.
Adjacent land. If the owner of a proposed subdivision also owns adjacent land that cannot be independently subdivided into lots meeting the requirements of these regulations, such adjacent land must be incorporated into the proposed subdivision. The Commission shall not approve any subdivision containing one or more fragments or parcels that would not meet the minimum requirements for a developable lot unless such fragments or parcels are expressly intended to be dedicated to a public use acceptable to the Commission.
E.
Off-street parking. Space shall be provided on all lots for off-street parking.
F.
Driveways. All existing driveways shall be reconstructed or improved in accordance with § 310-5.05 of these regulations and all proposed driveways shall be designed and constructed to prevent drainage problems and/or unsafe driveway sight lines along adjacent streets. The subdivider shall demonstrate on the plans all regrading and clearing necessary for the construction or reconstruction of driveways and drainage improvements. 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 Chapter 315, Zoning Regulations. For driveway design criteria, see § 310-5.05. The Commission encourages the use of common driveways in open space subdivisions.
H.
Utilities. All utility lines, including but not limited to those required for electrical, communication, lighting and cable television sources and related facilities, shall be placed underground, except surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high-capacity electric and communication feeder lines. The subdivider shall make all necessary arrangements with the service utility to provide the underground services. The method of installation shall be approved by the particular utility company and be in conformance with the utility location requirements of these regulations. The Commission may waive all or part of these requirements of these regulations in accordance with § 310-9.03.
I.
Drainage easements. The Commission shall require the subdivider to provide sufficient easements for stormwater drainage. The construction of all stormwater drainage systems shall conform to the requirements and specifications of the Board of Selectmen. The width of the drainage easement shall be as required by the Town Engineer but in no case less than 20 feet. In determining these requirements, contours, soil types, and other unusual circumstances shall be considered. No natural watercourse shall be altered or obstructed to reduce natural runoff capacity of surface water unless substitute means of runoff are provided.
J.
Shade trees. For the purposes of enhancement of property values and for erosion control, the protection of shade trees throughout the subdivision shall be encouraged, except where they interfere with roads and utilities. For planting of street trees, see § 310-7.04 of these regulations.
K.
Removal of topsoil. Approval of a subdivision by the Commission shall not constitute approval of the removal of topsoil or other excavated material from the premises other than that necessary to construct the improvements, and then only to the depths shown on the approved plan.
L.
Grading. Grading shall be kept to a minimum by avoiding excessive cuts and fills whenever possible, maintaining the existing topography and vegetative cover, avoiding steep slopes and soils with severe limitations for the intended uses, aligning roads and driveways to the contour whenever possible, and utilizing the natural drainage system whenever possible. The land located within a subdivision shall be properly graded and left in a condition free of any solid waste and properly stabilized to eliminate erosion. Stumps, logs, construction materials, and any other solid waste shall not be buried on-site and shall be removed from the site and disposed of in a lawful manner.
M.
Low-impact design. Low-impact development techniques should be used at the inception of a project (e.g., during initial planning and design) to guide all involved in the development of a site layout, including planners, engineers, architects and landscape professionals, toward the following goals: a reduction in the quantity of runoff that may require flow control, treatment and peak storage; a reduction in the use of drainage system elements, such as pipes, basins, treatment facilities and flow channels; a reduction in construction impact and long-term maintenance; an improvement in the quality of water reaching nearby streams, rivers and bodies of water; and a beneficial impact on the environment while still providing for normal and essential development. All designs shall be in conformance with the recommendations of the 2004 Connecticut Stormwater Manual, as amended. Low-impact development techniques shall include (but not be limited to) the following design concepts:
(1)
On the proposed site, minimize construction only to those areas necessary for future facilities and structures, including only necessary staging areas, and use best management practices to limit temporary stormwater runoff impact.
(2)
For residential, commercial and large-scale development, use landscape design techniques that will divert flows to small-scale bioretention areas (e.g., rain gardens), incorporate diversions (in small amounts) to natural landscape areas and otherwise maximize the flow path to reduce both the velocity and quantity of flow.
(3)
For commercial and industrial projects with large building areas, consider vegetated roofs to slow down and minimize runoff.
(4)
Integrate stormwater management into the design to both control runoff and provide an attractive landscape. For larger sites and/or public areas, detention may be integrated with open spaces that are both attractive and open to public use during normal weather cycles (non-storm periods).
(5)
Reduce reliance on traditional drainage infrastructure elements that require continuous maintenance. For example, for road design, consider the elimination of road curbs and gutters, as well as traditional structures.
(6)
Protect and retain native vegetation, trees, soils and landscape elements to capture runoff, induce infiltration and provide for evaporation. Restore disturbed areas with stored topsoil and/or mulch materials to promote the growth of native vegetation that will require minimal maintenance.
(7)
Incorporate natural site and drainage features as part of the new landscape design.
(8)
Minimize impervious surfaces such as streets, roads, driveways and parking lots and, where necessary and feasible, incorporate pervious pavements. In the case of occasional large events (e.g., overflow parking), use grassed parking areas to avoid both large impervious surfaces and the loss of infiltrative areas. Where paved areas are necessary, reduce widths to minimal requirements. Note that for driveways, in particular, accommodations must be made for emergency vehicle access; thus, where reduced pavement width is used, shoulder areas must be created for bearing the weight of emergency vehicles to a width that does not restrict ease of access. For roads, accommodations must be made for Town maintenance equipment so as not to restrict access and maneuverability and to ensure safety of passing vehicles.
(9)
Use cluster design concepts to minimize impact areas and locate away from pervious soils and natural resource and conservation areas.
[Amended 9-16-2025, eff. 10-1-2025]
A.
The standards for the provision of adequate access and street systems include those set forth in Appendix A of these regulations, entitled "Road Design Criteria," as may be amended from time to time.[1] In addition, the Commission shall apply the following standards:
(1)
All streets in a proposed subdivision plan shall be designed to be integrated into a safe and efficient street network. Through roads are encouraged wherever feasible, especially when necessary to provide access to adjoining undeveloped parcels and to reduce the distance required for emergency vehicles to traverse.
(2)
When a dead-end street is planned within an area of the Town that is largely undeveloped or sparsely developed, the Commission shall consider whether any proposed dead-end streets would compromise the Town's ability to provide for through roads as the area becomes more densely developed. When a dead-end road must be proposed, loop streets are the preferred alternative.
(3)
In approving a subdivision application, the Commission shall require the dedication of land along existing Town streets as necessary to provide the street right-of-way with an adequate width.
(4)
Roadway widths and curve radii shall be adequate to satisfy emergency vehicle needs. Where deemed necessary by the Commission, drainage easements shall be obtained and all private roadways shall be designed to prevent stormwater flows from entering a Town street. Stormwater detention shall be utilized where required.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Reserved rights-of-way. Unless waived by the Commission, where the subdivision adjoins land susceptible to being subdivided, the Commission shall require new street rights-of-way to be carried to the boundaries of the proposed subdivision. When said rights-of-way are required by the Commission, the owner shall dedicate to the Town reserved rights-of-way for future street connections to adjoining property susceptible of being subdivided. Such reserved rights-of-way shall be included in an agreement by and between the Town of Willington and the owner and shall include slope rights 15 feet outside of the street right-of-way. These rights-of-way shall have necessary radial intersections. Lots adjoining these rights-of-way shall be so laid out that access to the house or garage shall not be over the reserved right-of-way.
C.
The classification of each new or existing street will be determined by the Commission after evaluating the following factors:
(1)
The type of land use permitted in the subject zone and/or proposed for the subdivision, such as residential, commercial, industrial, or institutional.
(2)
The residential density and/or development intensity of any permitted and/or proposed land uses.
(3)
The number of acres or residential units or nonresidential buildings to be served, both immediately and in the future, including potential extensions of existing or proposed streets.
(4)
The physical characteristics of the property through which the street is proposed, such as topography, surface geology, water table, and the like.
(5)
The recommendations of the Plan of Conservation and Development.
D.
Proposed street names shall not duplicate or be readily confused with already existing names unless an extension thereof.
E.
Where a subdivision abuts or contains an existing street that does not comply with the specified width requirements, the owner shall dedicate the necessary area to the Town for street widening and the subdivider shall show such widening on the subdivision plan.
F.
Loop streets. The stem of a loop street shall not exceed 1,200 feet in length and an additional 2,400 linear feet from the intersection of the loop, and its stem shall not provide access to more than 20 lots. Loop streets shall be measured from the edge of pavement of the adjoining through point at which the loop of the street intersects with the stem. No lot within the loop shall have its rear line fronting on the street. One-way loop streets are permitted, and design criteria are located in Appendix A. If a loop street is a two-way street, it must meet the design criteria for its anticipated ADT. When a loop street is proposed as a temporary measure pending future development of adjoining property, it shall be so designed as to be feasible for continuation in the adjacent tract.
 |
G.
Culs-de-sac. Culs-de-sac shall not exceed 1,200 feet in length and shall not provide access to more than 20 lots. Culs-de-sac shall be measured from the edge of pavement of the adjoining street to the center of the turnaround. A subdivider extending a street from a cul-de-sac shall be required to remove the existing pavement outside of the standard traveled way, loam and seed the area in which pavement has been removed, extend existing driveways and relocate mailboxes and paper boxes in the original cul-de-sac area in accordance with Town requirements and at the subdivider's expense.
H.
Half streets. The dedication of half streets at the perimeter of a new subdivision is prohibited.
I.
Slope rights. Where new streets abut private property, necessary slope rights shall be obtained by the subdivider when in cut or fill, and these slope rights shall be shown on the layout submission to the Commission. The subdivider shall investigate the effect of cuts or fills on adjacent private property within the slope-right areas. The subdivider shall provide the Town with evidence that no drainage problems or other problems will arise on adjacent property due to construction or fill operations.
J.
Existing street improvements/access. If authorized by statute, whenever any subdivision is proposed for land accessible only by an unpaved street or an existing Town street which does not conform with minimum requirements of grade, alignment, width and construction set forth in these regulations, and the Commission determines that approval of the subdivision plan would be contrary to the public safety unless such street was altered or improved where it fronts the proposed subdivision or beyond the limits of the proposed subdivision, the Commission may disapprove such plan or may condition its approval upon alteration of such street by and at the expense of the subdivider.
K.
Frontage improvements. If authorized by statute, whenever any subdivision is proposed for land which fronts on an existing Town street which does not conform with the minimum requirements of width and construction set forth in these regulations, the subdivider shall improve such frontage from the center line of the street to the required street line, in accordance with Appendix A of these regulations.[2] Where such improvement from the center line is impractical, the Commission may require improvements of comparable value to be performed along the existing road frontage of the subdivision or adjacent frontage impacted by the subdivision. In the alternative, the Commission may require the cost of such improvements shall be paid to the Board of Selectmen, or its designated agent, in lieu of the completion of such improvements by the subdivider. Such payment shall be held in a separate fund to be used exclusively for the improvement of the subject street in ways which directly benefit the future owners of lots in the subdivision.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
L.
Improvement determination. In making the determinations set forth in § 310-5.04J and K, the Commission shall take into account the street's 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 streets, and generally the ability of any vehicle to use the street safely.
M.
Stone walls. Reservations for rights-of-way along road frontages, as described in § 310-5.04A(3), may be waived or modified as provided by § 310-9.03.
(1)
Subdivisions shall be designed to preserve, where possible after consideration of other regulatory provisions, all existing stone walls.
(2)
All existing stone walls that need to be removed due to street, driveway, house, septic system or other site construction shall be rebuilt elsewhere on the property, or the stones shall be used to enhance other existing walls on the property. Information regarding 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.
N.
Snow storage reserve area. An open, unrestricted area shall be reserved at the end of all turnarounds for the storage of snow. Such area shall be located at the end of the turnaround between the curb and the right-of-way line for a minimum distance of 25 feet on each side of the extended road center line. This area, which shall be delineated on the recorded subdivision map, shall be free from all obstructions, including, but not limited to, driveways, mailboxes, landscaping and fences.
[Amended 9-16-2025, eff. 10-1-2025]
A.
Driveway widths and curve radii shall be adequate to satisfy emergency vehicle needs. Where deemed necessary by the Commission, drainage easements shall be obtained and all private and common driveways shall be designed to prevent stormwater flows from entering a Town street. Stormwater detention structures shall be utilized where required to prevent stormwater from entering streets or adjacent properties.
B.
Low-impact design. Driveways should be aligned to the natural contour whenever possible to avoid excessive cuts and fills. Land disturbance should be kept to a minimum by maintaining the existing topography and vegetative cover, avoiding steep slopes and utilizing the natural drainage patterns whenever possible. Narrower widths for certain sections of driveway may be permitted at the discretion of the Commission for wetlands crossings and similarly sensitive areas.
D.
Sight line criteria. The subdivider shall identify the appropriate length of the sight line that exists or will be achieved for each existing and proposed driveway, using criteria outlined in the most current Connecticut Department of Transportation Highway Design Manual.
E.
Sight line easement. No new lots in a subdivision shall require sight line easements across other new lots. Where new lots require a sight line easement across adjacent and existing properties, it will be the subdivider's responsibility to obtain such easement(s) and mark them on the plan; otherwise, the new lot will not be allowed unless there is a relocation of ingress and egress that does not require the sight line easement.
A.
Water supply. Every proposed lot must be suitable for the installation of or service by an adequate water supply, and must be approved by the Town's Health Official or Town's designee, consisting of a drilled well, artesian well or public water supply. Where evidence before the Commission indicates that water supply may not be adequate, whether because of poor quality, insufficient quantity or other reason, the subdivider may be required to submit additional information demonstrating the adequacy, quality and quantity of the proposed water supply. Such information shall be submitted to the State Public Health Department or other appropriate Town official for review and comment. The Commission may also require the installation of test wells in one or more locations prior to issuing approval of any subdivision plan. If the use of a public water supply system is proposed, the subdivider shall submit a plan, and evidence of an approval by the State Public Health Department. Where there is evidence that approval of a public water system by the State Public Health Department is reasonably probable, the Commission may make such approval a condition of subdivision approval.
B.
Sanitary waste disposal.
(1)
Every proposed lot must be suitable for the installation of or service by an adequate individual septic system or community sewerage system. No lot shall be considered for approval by the Commission until it has been determined that the lot is suitable for an individual or community system by the Town Health Official, or other appropriate Town or state official or commission as required for the system. A lot intended to be serviced by the community sewerage system shall only be approved by the Commission after receipt of a report from the Willington Water Pollution Control Authority, indicating that all requirements of C.G.S. § 7-246f have been satisfied. Where evidence indicates special cause for concern, the Commission may require additional information in applications, including, but not limited to, a hydraulic analysis and/or renovation analysis of bacteria, phosphates, or other pollutants.
(2)
It is the responsibility of the subdivider to contact the Town Health Official or state official to prove that the lot area is adequate to permit the installation and operation of an individual sewage disposal system or community system. The subdivider shall provide the necessary equipment and labor for the making of any and all tests required by Town health or state officials. When Town health approval is given subject to conditions, such conditions shall be noted on the record map.
A.
Fire hydrants. In subdivisions to be served by a public water supply system, fire hydrants shall be installed. Fire hydrants shall be spaced so that each potential residential building shall be within 1,000 feet of a hydrant. The size, type and installation of hydrants shall conform to the specifications of the local fire official.
B.
Fire ponds and dry hydrants. For subdivisions of 10 lots or more in areas not served by a public water supply system, the Commission may require the construction of fire ponds, dry hydrants and/or cisterns. A fire pond, dry hydrant and/or cistern shall be accessible to an emergency vehicle. The responsibility for the maintenance of the fire pond, dry hydrant, cistern and accessway shall be determined by the Commission. The installation of a fire pond, dry hydrant, cistern and accessway shall conform to the specifications of the local fire department.
C.
Access to fire ponds. To provide access to the fire pond or dry hydrant, the Commission may require the construction of an accessway capable of supporting emergency vehicles. The Commission may require an easement for the use of the pond, dry hydrant and the accessway by the local fire department.
D.
Cisterns. Cisterns shall have a minimum capacity of 10,000 gallons. The Commission may require cisterns with a greater capacity when, in the opinion of the Commission, the situation warrants. Cisterns shall be located underground in, or adjacent to, a road right-of-way. Cisterns shall be deeded to the Town.
E.
Installation of fire protection measures. All fire protection measures required by the Commission shall be completed prior to the issuance of a certificate of occupancy for any dwelling in the subdivision.
A.
For subdivisions that include the disturbance of more than 1/2 acre of land, the subdivider shall demonstrate to the Commission that he or she has considered, in developing the subdivision plan, the need to reduce soil erosion and sedimentation by utilizing techniques outlined in the publication of the Connecticut Council on Soil and Water Conservation and the Connecticut Department of Energy and Environmental Protection, entitled "2002 Connecticut Guidelines for Soil Erosion and Sediment Control," as the same may be amended from time to time. Soil erosion and sedimentation control techniques shall include but are not limited to:
(1)
Keeping land disturbance to a minimum by maintaining the existing topography and vegetative cover;
(2)
Avoiding excessive cuts and fills whenever possible;
(3)
Avoiding steep slopes and soils with severe limitations for the intended uses;
(4)
Aligning roads and driveways to the contour whenever possible;
(5)
Utilizing the natural drainage pattern whenever possible.
B.
Where proposed erosion and sedimentation control practices are not in accordance with the above official guide, the subdivider must demonstrate equivalence to the technical standards and specifications of that guide.
A.
For subdivisions that include the disturbance of more than 1/3 acre of land, the subdivider shall demonstrate to the Commission that he or she has considered, in developing the subdivision plan, the need to reduce stormwater runoff volume, reduce peak discharges, increase runoff travel time, increase groundwater recharge and avoid impacts to natural stream flows by utilizing techniques outlined in the publication of the Connecticut Department of Energy and Environmental Protection, entitled "2004 Connecticut Stormwater Quality Manual," as the same may be amended from time to time. Stormwater management techniques shall include but are not limited to:
(1)
Minimizing stormwater runoff by maintaining existing vegetative cover and minimizing impervious surfaces.
(2)
Using vegetated swales, rain gardens, buffers, filter strips and level spreaders.
(3)
Creating stormwater ponds and wetlands.
(4)
Using permeable pavement.
(5)
Installing underground infiltration systems.
B.
Where proposed stormwater management practices are not in accordance with the above official guide, the subdivider must demonstrate equivalence to the technical standards and specifications of that guide. Where the official guide is in conflict with these regulations, the regulations shall govern.
C.
Storm drainage systems constructed under these regulations shall provide for the proper drainage of the tributary area so as to prevent flooding, scouring, siltation or insufficient flows to brooks, lakes, ponds, and other watercourses and water bodies, and other adverse impacts.
D.
Storm drains shall be designed to flow full, using design formulas approved by the Engineer.
E.
Storm sewers shall have a minimum pitch of 1%. Variance from this requirement may be granted by the Commission if storm sewers are designed with a minimum self-cleaning velocity of three feet per second with full-flowing pipes. A minimum cover of 2 1/2 feet shall be provided for all storm drains.
F.
No storm drain system shall outlet onto adjoining properties without a drainage easement, nor into a natural watercourse, whether continually flowing or intermittent, so as to exceed the capacity of the watercourse or to cause erosion, sedimentation, scouring, or other adverse impacts on such watercourse.
G.
All storm drain system outlets shall be terminated with an approved outlet structure and channel-scour protection.
H.
The first inlet in a storm drain system shall be located within 250 feet of the roadway high point. In general, a drainage structure, either an inlet or a catch basin, shall be provided at 200-foot maximum intervals on all storm drains with the exception of the first inlet. A drainage structure shall also be placed at each grade change along a storm drain, at each change in horizontal direction, and at each junction point of two or more drains. Distances are to be considered as maximum intervals; lesser intervals may be appropriate as required by contributing drainage areas and location of intersection drainage systems.
I.
Underdrain outlets shall be connected to drainage structures whenever practical. When impractical, they shall be terminated with an approved end wall. At all underdrain outlets, a "free outlet" condition must be provided. All outlet areas shall have Town access easements, as necessary, and shall be provided with proper access by construction equipment and/or personnel as appropriate to maintain such structure. No underdrain outlets shall be discharged on the surface of the ground within a Town right-of-way or within a lot where such discharges could impede the safety of an adjacent roadway, particularly with respect to winter icing situations.
J.
The minimum pipe size for all public storm drain systems constructed under these regulations shall be fifteen-inch diameter inside except that culverts of a lesser size may be permitted where recommended and approved by the Town Engineer. The following types of pipes shall be used for drainage installations:
(1)
Reinforced concrete pipes or high-density polyethylene (smooth interior) or equivalent for surface drainage storm sewer systems and cross culverts.
(2)
Where clearance is limited by existing utilities, pipe arches, oval pipe, or precast concrete box sections may be used.
(3)
On grades over 10%, use high-density corrugated with smooth interior polyethylene pipe.
(4)
Where uneven support is expected, consult with the Town Engineer.
K.
All drainage easements shall include a twenty-foot access strip in addition to the width of the channel or brook from bank top to bank top, but in no event shall any drainage easement be less than 30 feet wide. The center line of a storm sewer within the street line shall not be installed less than 10 feet from the edge of the right-of-way. Drainage easements shall include wording so as to allow inclusion of other utilities such as water and sanitary sewer. Easements for outlet pipes shall extend to a suitable existing storm drain or an adequate natural watercourse. Outlet channels shall be riprapped or paved when deemed necessary by the Commission. Outlet areas must include adequate scour protection to facilitate an even transition to wetlands and watercourses. Such protective measures (e.g., riprap channel section, level spreader, etc.) must be included within the accessible easement area.
L.
Where the development streets join existing Town streets, the subdivider must provide drainage at intersections as necessary or as directed by the Commission. The subdivider will be responsible for any necessary upgrades to the existing Town drainage system resulting from the interconnections of new systems.
M.
The size and location of all private storm drains that connect to the Town storm drain system shall be approved by the Commission prior to installation. A waiver must be filed by the subdivider with the Commission. The waiver shall relieve the Town of Willington of any responsibility for damage resulting from any failure of the private storm drainage system. This waiver shall be part of the deed so as to run with the property as to subsequent purchasers.
N.
Rear yard drains and cellar or foundation drains that are connected to storm drainage systems must be shown on the final approved plan of the drainage systems. No allowances will be made for addition of drainage facilities from yards or buildings during construction unless by new permit application before the Commission.
O.
Details of special or unusual drainage structures shall be submitted to the Commission for review and approval during the application process.
P.
Where any proposed lot or lots has its required frontage on an existing Town street, and has an existing ditch or waterway along the front of said lot or lots, but within the Town right-of-way, the subdivider, at his expense, shall install a stormwater pipe drain of suitable size and material, necessary catch basins and a curb, to conform with the curbline.
Q.
The subdivider shall furnish projections of the increase of stormwater runoff created by the proposed development from the two-year, ten-year, twenty-five-year, fifty-year, and 100-year frequency, twenty-four-hour duration, Type III storms, as computed in accordance with Technical Release No. 55, Urban Hydrology in Small Watersheds, Conservation Engineering Division, Natural Resources Conservation Service, USDA, June 1986, as amended.
R.
No increase in peak flow from these storms shall be allowed unless downstream increases are compatible with an overall floodplain management system.
S.
When stormwater detention structures are required, they shall be designed so that the peak runoff after development shall not exceed the peak runoff prior to development for each of the above events. Such structures shall be located upon land to be conveyed to the Town in fee simple or by drainage easement, at the discretion of the Commission. In addition, the subdivider and future owners shall provide physical access (construction road and ramp) to the berms and base of such detention structures in order to facilitate future maintenance by construction equipment to the site.
T.
Drainage design formulas.
(1)
Drainage areas less than 200 acres.
(a)
Peak discharges for the design of storm drains shall be derived using the rational method for drainage areas of less than 200 acres, where:
Q | = | CiA |
Q | = | peak discharge in cubic feet per second |
C | = | weighted runoff coefficient in percent |
i | = | rainfall intensity in inches per hour |
A | = | gross area tributary to the drain under design expressed in acres |
(b)
Guidelines for the use of this formula, as well as recommended coefficients, shall conform to Section 6.9 of the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time.
(2)
Peak discharges for areas greater than 200 acres shall be derived using the methodologies, formulas and computer models as prescribed in the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time, Sections 6.10 through 6.15 (including appendices). Hydrologic models and methodologies for watersheds in excess of 200 acres shall, in general, be approved by the Engineer prior to their use for final design.
(3)
Design discharges for major channels and brooks may, with the concurrence of the Commission, be based on a flood hydrograph or flood flow formula type of analysis.
(4)
Hydraulic design of structures and storm drainage systems shall conform to Chapters 7 through 12 of the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time, and as excepted within these regulations. Any conflict of design practices between these regulations and any outside references shall be resolved by the Engineer.
U.
Design storm criteria. All storm drainage facilities shall be designed based on the following storm return frequency criteria:
(1)
Residential drainage systems.
(a)
Storm sewers and minor drainage swales: twenty-five-year storm.
(b)
Major drainage swales and channels: fifty- and 100-year storm.
(c)
Storm return frequencies are based upon downstream impact. The Commission and/or Engineer may, at their discretion and upon analysis by the subdivider of the downstream conditions, reduce this design to a ten-year storm. Where in conflict with outside references as previously mentioned, the subdivision regulations shall govern.
(3)
Rainfall intensities used for storm drainage design shall conform to the appropriate sections of the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time.
(4)
Time of concentration used for storm drainage design shall conform to the appropriate sections of the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time.
(5)
Weighted runoff coefficients used for storm drainage design shall conform to the appropriate sections of the Connecticut Department of Transportation Drainage Manual, 2000, as the same may be amended from time to time.
(6)
Off-site drainage and the ultimate development of adjoining land shall be addressed and calculations provided in the design of a storm drainage system for the subject site. All off-site impacts, alterations, easements, and similar information shall be shown on the subdivision plans.
A.
On land contiguous to brooks, rivers, or other bodies of water subject to flooding, proper provision shall be made by the subdivider for protective flood control measures in connection with the applicable provisions of Chapter 315, Zoning Regulations.
B.
All new subdivision proposals located within or adjacent to areas identified as Flood Zone A on the most current Flood Insurance Rate Map shall include within such proposals base flood elevation data.
C.
Subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
(1)
All proposals are consistent with the need to minimize flood damage within the flood-prone area;
(2)
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided to reduce exposure to flood hazards.
D.
All stormwater management techniques and erosion and sediment control techniques proposed within Flood Zone A shall be located and designed such that no more than 0.1 foot increase in flood depth from a 100-year, twenty-four-hour duration, Type III storm results. The subdivider shall submit water surface profile calculations (HEC-RAS or equivalent) for review when stormwater management techniques or erosion and sediment control techniques restrict flow within Flood Zone A. The Town reserves the right to require the submission of water surface profile calculations and that 100-year flood zone limits be shown on the subdivision plans for those other rivers and streams within the Town which do not have FEMA-designated flood zones delineated.
A.
Seasonal groundwater elevations shall be determined by measurements from mottling in the soil profile, properly installed monitoring wells, or by other observation and analysis acceptable to the Commission. Groundwater data shall be developed by a professional experienced in the field, including, but not limited to, a soils scientist, a licensed professional engineer or a professional hydrogeologist.
B.
If the existing groundwater elevations could adversely affect the proposed structures, sewage disposal systems or the roadway, a system of underdrains (in compliance with applicable health codes and Town and state road standards) shall be shown on the plans.
C.
The subdivider shall demonstrate that any proposed infiltration practices, surface storage or subsurface storage practices proposed within a stormwater management plan or an erosion and sediment control plan will not significantly affect the groundwater elevations, which in turn could result in adverse effects to existing or proposed structures.
A.
Energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation are strongly encouraged in subdivision design and development.
B.
Passive solar energy techniques.
(1)
The subdivider shall demonstrate to the Commission that he or she has considered, in developing the subdivision plan, using passive solar energy techniques. "Passive solar energy techniques" mean 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. The site techniques shall include, but shall not be limited to:
(2)
These techniques are to be used where feasible, but not where they would cause unreasonably adverse impacts to the natural environment.
A.
Check the Natural Diversity Data Base of the State of Connecticut. The Commission may modify a proposed subdivision plan prior to approval if it deems such modifications(s) necessary to protect specifically identified natural resources, such as, but not limited to:
(1)
Inland wetlands, watercourses and adjacent uplands (e.g., stream belts);
(2)
Habitat of rare, endangered, or special concern species or wildlife corridors;
(3)
Significant stands of mature trees or particularly large or unusual trees;
(4)
Active or recently active agricultural areas or areas with prime or important farmland soils;
(5)
Significant geological features, such as unusual rock outcroppings;
(6)
Vista points and undisturbed ridgelines;
(7)
Floodplains; and
(8)
High-yielding or potentially high-yielding aquifers.
B.
The following watercourses and their tributaries (upstream to the point where their drainage area is less than 200 acres) are of special concern within the Town: Fenton River, Roaring Brook and Willimantic River. For these watercourses and their tributaries, no subdivision buildings or associated parking areas shall be proposed within 150 feet measured horizontally from the wetland boundaries adjacent to each side of the watercourse. On-site septic systems, siphons and pumping stations, utilities, erosion and sediment control practices and stormwater management control practices may be installed within the 150-foot buffer, provided their impact is minimal.
A.
The Commission may modify a proposed subdivision plan prior to approval if it deems such modification(s) necessary to protect specifically identified historic resources, such as, but not limited to:
B.
Such historic resources shall not be disturbed prior to subdivision application. In the event of such disturbance, the Commission may require restoration or replacement of such resources.
A.
Disposition. For any subdivision of land under these regulations, the Commission may require of the subdivider the conveyance and official dedication of appropriately located and sized open space or recreation areas. In determining the appropriateness of an open space and/or recreation area disposition, the Commission shall consider Plan of Conservation and Development objectives and map designations and the subject site's characteristics with respect to the following objectives: the conservation and protection of wildlife and natural or scenic resources, including lakes, ponds, rivers, streams, stream belts, inland wetlands, aquifers, significant woodlands, wildlife habitat, ridges, ravines, ledge outcroppings, stone walls and other unusual physical features; the protection of productive agricultural soils and active agricultural lands; the protection of scenic areas and undeveloped rural road frontage; the protection of historic or archaeological sites; the expansion of existing open space, recreational areas, and greenways; and the meeting of neighborhood and/or community-wide recreational needs. In evaluating open space disposition, the Commission may consider the recommendations of the Willington Conservation Commission, Tolland County Soil and Water Conservation District, or any other appropriate agency. The Commission reserves the right to select that portion of the proposed subdivision to be dedicated for open space or recreational purposes, and it may reject or modify any area proposed by the subdivider. The Commission reserves the right to require a land management plan.
B.
Size. Where open space and/or recreation area dedication is deemed appropriate, the size of the required areas shall be determined by the Commission based on the site's value and importance in meeting the objectives cited in Subsection A and the scope of the subdivision proposal. Required open space and/or recreation areas for conventional subdivisions shall be a minimum of 20% of the area of the property under consideration. Open space subdivisions shall require the dedication as open space of an area which is, at a minimum, equal in size to the aggregate difference between normal lot size and the minimum lot area set forth in § 315-10.06A of Chapter 315, Zoning Regulations, applicable to each lot in the open space subdivision, but in no event less than 40% of the subdivision. Such open space may include the 20% open space required for a conventional subdivision in accordance with this subsection.
C.
In determining the total land to be reserved as open space and/or recreation land, the Commission may consider not only the tract or tracts of land to be immediately subdivided, but also any other adjacent tract or tracts owned, controlled or under agreement to buy or optioned by the subdivider. Areas to be reserved as open space and/or recreation land shall be shown on the subdivision map.
D.
Character. The character of the open space shall mimic, to the extent possible, the character of the land prior to development. For example, if the site contains 30% unbuildable area, the open space shall be composed of no more than 30% unbuildable area.
E.
Method of dedication.
(1)
The Commission shall determine the most appropriate method of disposition after considering, among other things, the relationship of the subject area(s) and its specific characteristics to the Plan of Conservation and Development and the objectives cited in Subsection A, the desirability and suitability of public access and use and the scope of the subdivision proposal. The following disposition options may be utilized by the Commission:
(a)
Conveyed in fee simple to the Town.
(b)
Conveyed in fee simple to the State of Connecticut for open space or recreational purposes.
(c)
Conveyed in fee simple to a land trust (at the option of the subdivider), as long as the land trust has agreed to accept the dedication.
(d)
Dedication in fee simple to a homeowners' association for open space or recreational purposes (see § 310-5.15J).
(e)
Utilization of conservation easement(s), with or without public access (template provided by the Commission).
(f)
Utilization of a recreation easement, to the Town, state, or (at the option of the subdivider) a private, nonprofit entity.
(g)
Utilization of an agricultural use restriction easement, to the Town, state, or (at the option of the subdivider) a private, nonprofit entity.
(h)
Private ownership for open space purposes with the appropriate conveyance of development rights.
(i)
Any combination of the above or any suitable alternative approved by the Commission.
(2)
Any conservation easements or other open space covenants or restrictions shall be subject to the approval of the Commission in form and content.
F.
Referrals. The Commission may refer for review and comment any subdivision plan and proposal for the provision of open spaces and/or recreation land to the Conservation Commission, Recreation Commission, Tolland County Soil and Water Conservation District, or any other appropriate agency.
G.
Condition of open spaces and/or recreation land.
(1)
Land to be provided as open space for the purpose of conservation and protection of wildlife and natural or scenic resources shall be left in a natural state by the subdivider unless otherwise specified by the Commission. Except for such improvements as may be required by the Commission, open space areas shall not be graded, cleared or used as a repository for brush, stumps, earth, building materials or debris.
(2)
Open space and/or recreation areas shall typically abut or have direct public access to a public street and, as appropriate, any existing park or public land. The Commission may require access areas to be graded and improved in a manner suitable for safe pedestrian and/or vehicular traffic. Access roadways shall have an adequate base, shall be adequately drained and shall be 20 feet wide and have a slope no greater than 10%.
(3)
When site improvements are required, they shall be clearly shown on the subdivision maps or alternatively on a separate site improvements plan, and they shall be approved by the Commission prior to the filing of the subdivision plan.
(4)
The boundary lines of all areas to be dedicated shall be set in the field and marked by Commission-approved plaques where such lines intersect any lot line, road, or perimeter line within the proposed subdivision and at such other points as may be required by the Commission to ensure identification in the field.
H.
Enforcement bonding. To ensure proper construction of any required improvements in areas to be dedicated pursuant to this section, the Commission shall require the subdivider to include in the performance bond an amount sufficient to ensure completion of such improvements. All required improvements of open space and/or recreation land shall be completed prior to the sale of more than 50% of the lots within the subdivision.
I.
Required provisions for open space disposition. Regardless of the manner of ownership of the open space, the instrument of conveyance must include provisions satisfactory in form and substance to the Commission to ensure:
(1)
The continued use of such land for the intended purposes;
(2)
The continuity of proper maintenance for those portions of the open space requiring maintenance;
(3)
When appropriate, the availability of funds required for such maintenance;
(4)
Adequate insurance protection; and
(5)
Recovery for loss sustained by casualty, condemnation or otherwise.
J.
Homeowners' association.
(1)
The Commission may, upon the request of the subdivider, permit the ownership and maintenance of the open space and/or recreation area to be transferred to an association of property owners. The document providing for such transfer must:
(a)
Establish a mandatory participation in an association of property owners to maintain the land reservation for open space, park, and/or playground purposes, with power to assess all members for all necessary costs.
(b)
Be binding on all future property owners.
(c)
Be perpetual.
(d)
Not be affected by any change in zoning or land use.
(e)
Assure adequate maintenance.
(f)
Provide for enforcement by the Town by appropriate legal action.
(g)
Provide that if maintenance of the dedication no longer complies with the provisions of the document, the Town may take all necessary action to assure compliance and assess against the association all costs incurred by the Town for such purposes.
(2)
After approval by the Town Attorney and Commission, the document shall be filed by the subdivider in the office of the Town Clerk simultaneously with the endorsed subdivision plan.
K.
Legal transfer. Properly executed legal documents, including warranty deeds for any title transfer, shall be prepared in accordance with the provisions of these regulations and shall be submitted in triplicate with the subdivision map to be filed. All documents shall refer to the subdivision maps by title and must be acceptable to the Town Attorney and planning staff prior to the recording of the subdivision plans. All warranty deeds for dedication of land to the Town shall be held in escrow by the Commission to be recorded on the Town Land Records upon acceptance by the Town Meeting. In the event that acceptance is rejected by the Town Meeting, the deed shall be returned and the subdivider shall return to the Commission for determination of an alternate means of preserving the open space and/or recreation areas. In no case shall the acceptance of any deed by the Commission or an employee of the Town prior to Town Meeting approval be deemed as acceptance of the open space and/or recreation area by the Town.
L.
Dedication for other municipal purposes. In the event the subdivider proposes to transfer to the Town land for municipal purposes other than open space or recreation, the Commission may, in its discretion, approve such dedication as a credit toward any open space and/or recreational area disposition requirements under this section.
M.
Fee in lieu of open space. As set forth in C.G.S. § 8-25, the Commission may authorize the subdivider to pay a fee to the Town, or pay a fee to the Town and transfer land to the Town, in lieu of the full requirement to provide open space as set forth above. Such authorization may be granted by the Commission if and when it determines, in its sole discretion, that conditions such as subdivision size, population densities, existing open space in the neighborhood, topography, soils, or other characteristics are such that on-site open space is not as desirable as a fee in lieu of open space.
(1)
Amount. Such fee or combination of fee and the fair market of land transferred shall be equal to not more than 10% of the fair market value of the land to be subdivided prior to the approval of the subdivision. The fair market value shall be determined by an appraiser jointly selected by the Commission and the subdivider, with the cost of all appraisal fees and expenses borne by the subdivider.
(2)
Procedure. To employ the fee in lieu of open space option, the following procedures shall be used:
(a)
The subdivider shall submit to the Commission a written proposal to pay a fee or transfer land to the Town in lieu of providing open space.
(b)
The Commission shall determine whether it is willing to consider the subdivider's proposal further, or whether it would be willing to consider a different combination of land transfer and fee. The Commission's determination at this stage shall not be binding on either the Commission or the subdivider.
(c)
If the Commission and subdivider agree on further consideration of a fee, transfer of land, or both, they shall jointly select an appraiser to submit a report.
(e)
The subdivider shall submit the appraisal prior to the completion of the Commission's review of the subdivision application. If the Commission holds a public hearing on the application, the subdivider must submit the appraisal before the close of the public hearing.
(f)
The Commission, as part of the action on the application, may either accept the fee-in-lieu proposal or a combination of fee and land transfer proposal, or it may require an open space dedication.
(3)
Payment. The method of payment of any fees under this section shall be one of the following two options:
(a)
The subdivider, at his option, may submit the entire fee in one lump sum prior to the filing of the approved subdivision Mylars with the Town Clerk; or
(b)
The subdivider may elect to submit a fraction of such payment, the numerator of which is one and the denominator of which is the number of approved building lots in the subdivision, no later than the time of the sale of each approved building lot, and a notation describing this requirement shall be placed on the subdivision map filed in the Town Clerk's office. If this option is chosen, the subdivider shall submit a bond or other security acceptable to the Town, equal to the full amount of fee required, prior to the filing of the subdivision maps in the Town Clerk's office. Any required fees shall be paid to the Town prior to the release of this bond. The Commission may also choose other acceptable security such as a mortgage or lien on the land to be subdivided. This mortgage or lien shall secure the amount of the fee in lieu and provide for partial release of lots sold as the fractional part of the fee is paid.
(4)
No building permits shall be issued until such fractional part is paid as to any lot in the subdivision.
(5)
Dedicated fund. Fees submitted under this section shall be deposited by the Town in a fund which shall be used for the purpose of conserving open space or acquiring additional land for open space or for recreational or agricultural purposes.
N.
Open space exemptions. In accordance with C.G.S. § 8-25, the following instances shall be exempt from the provisions of this section:
(1)
Where the transfer of all land in a subdivision of less than five lots is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle, or first cousin of the property owner for no consideration. Such intended transfer shall be evidenced by covenants, restrictions, contracts, or other legally binding documents as the Commission may approve, which documents will be filed in the Land Records along with the subdivision plan. If the Commission determines, subsequent to the approval of such subdivision, that such transfers were intended to be temporary, and for the sole purpose of evading the requirements of this section, the Commission may, following a public hearing with notice by certified mail to the violator, void, in whole or in part, any such subdivision approval and may cause notice thereof to be filed in the Land Records; and
(2)
Where the subdivision is to contain affordable housing, as defined in C.G.S. § 8-39a, and as amended. Such restrictions for affordable housing shall be evidenced by such documents as the Commission may require, and such restrictions shall run with the lots affected thereby in perpetuity. If, subsequent to approval of the subdivision, the lots designated for affordable housing shall not be sold for that purpose, the Commission may, following a public hearing with notice by certified mail to the violator, void, in whole or in part, any such subdivision approval and may cause notice thereof to be filed in the Land Records.