A. 
An application for approval of a subdivision plan that involves the construction or installation of required improvements shall constitute an agreement by the subdivider to be personally responsible for the completion of any portions of the required improvements the Commission may deem necessary to serve any lots that may be conveyed following approval of the plan. The Commission's ability to call a subdivision bond or other surety pursuant to C.G.S. § 8-26c(c) shall not prevent the Commission from seeking to enforce the personal responsibility of the subdivider to complete the necessary improvements.
B. 
The Commission shall not approve any subdivision plan that involves the construction or installation of required improvements unless the subdivider signs an agreement acknowledging the foregoing personal responsibilities. The form of such agreement shall be as provided by the Commission.
A. 
The subdivider shall file with the Commission, on a form provided by the Town, a general liability insurance policy. This policy shall have a term no less than that of the performance bond and shall be extended in conformance with any extension of the performance bond.
B. 
The policy shall insure the Town of Willington and the subdivider against all claims for damage or injury to persons or property that may arise from the construction, installation, or maintenance, or lack thereof, of any subdivision improvements, or from any operations in the development or completion of the subdivision, including but not limited to clearing, removal of vegetation, grading, excavating, filling, inspection, testing, well installation, sediment and erosion control measures, stormwater management measures and road construction and improvement. The policy shall have the following limits:
(1) 
Property damage (including automobile).
(a) 
Each accident: not less than $1,000,000.
(2) 
Bodily injury (including automobile).
(a) 
Each person: not less than $1,000,000.
(b) 
Each accident: not less than $3,000,000.
A. 
For completion of public improvements, conditional approval in accordance with Subsection D below shall be the only method for assurance of completion of such public improvements.
B. 
Separate erosion and sediment control bond. Measures and facilities specified on the approved soil erosion and sediment control plan, and to restore the site in the event of termination or lapse in the subdivision approval, shall be guaranteed by a separate cash or savings account bond or surety bond. No development shall commence until said bond shall be posted. In the event the subdivider fails to maintain proper sedimentation and erosion controls on the subdivision site, the security required under this section may be used by the Town to stabilize eroding areas, remove sediment, and otherwise correct sedimentation and erosion problems on-site at the sole discretion of the Commission or its designated agent.
C. 
Restoration. In the event the subdivision approval terminates or lapses before all required subdivision improvements and utilities have been completed, the Commission may, in its discretion, and subject to any contrary provisions of state law, use the funds available in the erosion and sediment control bond to restore all or any portion of the site to a natural condition.
D. 
Conditional approval. In lieu of the completion and acceptance of public improvements prior to the endorsement and filing of final subdivision plans, the Commission may authorize the filing of a plan with a conditional approval endorsed thereon. Such conditional approval shall allow for the construction, maintenance and installation of improvements or utilities required by the Commission and shown on the approved plan in connection with road construction, subject to the following conditions:
(1) 
No work shall be commenced on or within the subdivision unless the subdivider provides an erosion and sediment control bond satisfactory to the Commission in form and amount in accordance with the following standards:
(a) 
Such erosion and sediment control bond shall be adequate to secure:
[1] 
The installation and maintenance of all sedimentation and erosion control measures and facilities specified on the approved soil erosion and sediment control plan; and
[2] 
The cost of restoring the site to its natural condition if the subdivider fails to complete all required subdivision improvements and utilities.
(b) 
For conditional approval, the following conditions shall apply:
[1] 
A subdivision with conditional approval may be developed in phases, provided that no more than 1,200 feet of roadway and supporting improvements shall be under construction at one time. Before commencing development of any additional phases, all work required in the previous phase must be complete and accepted by the Town of Willington.
[2] 
The subdivider shall guarantee, in writing, that no lots will be sold, no zoning or building permits will be sought and no individual lot development, including clearing and grading, will commence unless and until all public improvements are completed and accepted by the Town of Willington in accordance with these regulations and the General Statutes. This guarantee shall be enforced by a restriction, in the form provided by the Commission, to be filed in the land records of the Town of Willington. Violation of this provision shall be grounds for revocation of the subdivision approval. Upon completion of the public improvements and acceptance by the Town of Willington, the Commission shall release the restriction and file such release in the Land Records of the Town of Willington.
(2) 
Any such conditional approval shall lapse on such date as established by the Commission, but in no event shall the date be later than five years from the date such approval is granted. The subdivider may apply for and the Commission may grant a renewal of such conditional approval for such period as the Commission in its discretion may establish, provided that the total period of all such extensions does not exceed the maximum duration of a subdivision approval under state law.
E. 
In computing the amount of an erosion and sediment control bond, the Commission shall consider the following items:
(1) 
The cost of restoring the site if the subdivision improvements are not completed. The following assumptions will be considered for the calculation of the restoration bond: the entire limits of road construction that have been disturbed, that the value of grading is equal to 25% of the total earthwork volume, that stockpiled topsoil is available on-site for respreading over disturbed areas, that all areas are to be seeded, and that supplemental erosion control measures are provided.
(2) 
Costs for the Town to advertise and award a contract for erosion and sediment control measures or site restoration.
(3) 
Costs shall be projected to a point at the end of the performance bond term. Any extension of the term of the performance bond may result in an adjustment as to the bond total.
(4) 
The total estimated cost of the performance bond shall also include a 15% addition to cover contingencies and engineering, plus an inflation factor that is equal to the current Consumer Price Index measure of inflation.
F. 
Where a subdivision is to be developed in phases, the subdivider may post an erosion and sediment control bond covering the costs itemized in Subsection E related to those improvements and utilities located within or required to serve one or more phases rather than for the entire development. Similar permission shall be obtained by the subdivider prior to commencing development of any or all additional phases. Where the subdivider bonds in phases as authorized in this subsection, no improvement, as that term is defined in these regulations, shall be commenced in any phase for which no bond has been posted, and no lots shall be sold in such phase.
G. 
As used in these regulations, the term "performance bond" shall refer to one of the following methods of assuring completion of subdivision improvements:
(1) 
Cash or payment in the form of a certified check. The issuing bank ("surety") shall be one maintaining offices in Tolland, Windham, or Hartford County in the State of Connecticut.
(2) 
A letter of credit in favor of the Town in the form provided by the Commission. Such letter of credit shall be issued only by a bank or comparable lending institution maintaining offices in the State of Connecticut. The issuing bank ("surety") shall be one maintaining offices in Tolland, Windham, or Hartford County in the State of Connecticut.
(3) 
A surety bond that meets the following requirements:
(a) 
The surety issuing the bond shall be one approved by the Commission, based on a list of approved surety companies that the Commission may, by resolution, approve from time to time. The Commission may by resolution, in its sole discretion, add or remove surety companies based on the performance of such companies in Willington or any other municipality. The Commission may by resolution use a list of approved surety companies published by the Connecticut Conference of Municipalities or any other statewide organization selected by the Commission.
(b) 
The surety company shall maintain permanent offices within the State of Connecticut.
(c) 
The surety bond agreement shall contain the following provisions, at a minimum:
[1] 
That payment shall be made in full within 65 days of written demand by the Commission or its agents;
[2] 
That failure to make full payment within such time shall automatically and without further demand result in a penalty of 1% of the total outstanding bond for each calendar month or part thereof that such payment is delayed past the date of demand;
[3] 
That if litigation is required to collect said surety bond, the surety company shall pay to the Commission the costs thereof, including witness fees, court entry fees, legal fees, and any other costs and expenses of such litigation;
[4] 
The surety company shall agree to indemnify and hold harmless the Commission and the Town of Willington against any and all claims of damage or injury sustained upon, or as a result of, the incomplete public improvements during the period following the demand for payment on said surety bond, and for restoration of any damage or deterioration (including but not limited to erosion and sedimentation damages) resulting from such delay in payment; and
[5] 
Such other provisions as the Commission's legal counsel shall require.
H. 
The bond forms set forth in the preceding subsection shall be as provided by the Town and shall be the only ones acceptable to the Commission. The amount of the bond shall be the sum which the Commission shall require. The completion date of all required improvements shall be in no event longer than the period set forth in C.G.S. Chapter 126.
I. 
For all performance bond documents, if the subdivision subdivider is a corporation, then the corporate seal must be shown in addition to the seal of the lending institution issuing the passbook assignment or letter of credit, and a corporate resolution must be provided indicating that the corporate officer executing the bond documents has authority to do so. If the subdivision subdivider is a partnership, then a partnership resolution must be provided indicating that the partner executing the bond documents has authority to do so. Any corporation shall provide a certificate of good standing from the Connecticut Secretary of the State, any limited partnership shall provide a certificate of legal existence from the Connecticut Secretary of the State, and out-of-state subdividers shall present evidence from the Secretary of the State that they are authorized to do business in Connecticut.
J. 
If at any time the bond required by this section shall not be in effect, the Commission may file a caveat on the Land Records, warning potential purchasers of such fact.
[Amended 9-16-2025, eff. 10-1-2025]
A. 
Application for final subdivision approval and the release of any of the restrictions on lot sales upon completion of all required improvements shall include the submission of properly scaled as-built drawings, which shall include all changes in the plans as authorized by the Commission or the Engineer during the course of construction. The as-built drawings shall be signed and sealed by a land surveyor licensed in the State of Connecticut.
B. 
Upon submission of a written report from the Engineer that all or a certain specified stage in the construction has been satisfactorily completed, the subdivider may request that the Commission reduce any outstanding erosion and sediment control bond to reflect the stage of construction and the remaining improvements. The Commission shall grant any bond release requested within 65 days of application therefor, unless it provides to the subdivider a written explanation as to the additional work that must be done before such bond shall be released. The Commission may refuse such reductions if it finds erosion and sediment control measures are in violation of any provision of these regulations or the plans, terms, or conditions for any subdivision approved hereunder.