The revision of lot lines for adjoining, legally existing lots that predate the enactment of subdivision regulations in the Town of Willington or that were lawfully created without subdivision approval shall not be deemed to be a subdivision and shall not require the review or approval of the Commission unless such revision results in the creation of a greater number of lots or parcels than existed before the revision.
[Amended 9-16-2025, eff. 10-1-2025]
A.
Failure to obtain subdivision approval. In accordance with C.G.S. § 8-25, any person, firm, corporation, partnership or association making the subdivision or resubdivision of land without approval of the Commission shall be liable to a fine of $500 for each lot sold or offered for sale. In the event that any subdivider shall violate these regulations or the conditions or requirements of any subdivision approved hereunder, 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 Willington Land Records.
B.
Violation of subdivision approval. Any person, firm, corporation, partnership or association that violates any provision of these regulations or any condition of modification of any subdivision approval or fails to comply with the plans and other documentation submitted in accordance with these regulations shall be provided notice of such violation by registered mail, return receipt requested. Said notice shall indicate the date of a regular or special meeting at which the Commission shall consider such violation, and the subdivider shall have the opportunity to be heard and present evidence at such meeting. If, following such meeting, the Commission determines that a violation as described in this subsection has occurred, the Commission may take any or all of the following actions:
(1)
Void the subdivision for any lots which have not been conveyed to purchasers not affiliated with the subdivider.
(2)
Call any bonds or letters of credit which have been placed to secure compliance with these regulations and any approval granted hereunder.
(3)
Direct the Zoning Agent to withhold any certificate of zoning compliance for any such lot(s) in the subdivision.
(4)
Refuse to accept any public improvement in connection with such subdivision.
(5)
Refuse to grant any extension of time for the completion of improvements in such subdivision.
(6)
Require additional bonding.
(7)
Require additional engineering or other studies to evaluate the scope and nature of the violation.
(8)
Bring legal action seeking injunctive relief or such other relief as may at law or in equity pertain.
A.
The Commission recognizes that each parcel of property is unique in location, dimensions, orientation, topography, etc., and the various factors in the design of subdivisions are variable with relation to each other and to the above characteristics of the property. Therefore, in accordance with C.G.S. § 8-26, the Commission may modify or waive, subject to appropriate conditions, such requirements as, in its judgment of the special circumstances and conditions, are not requisite to the interest of public health, safety and general welfare. In considering a modification or waiver under this section, the Commission shall only approve such modification or waiver upon a finding that all of the following conditions are met:
(1)
Conditions exist on the subject property which are not generally applicable to other land in the Town.
(2)
Said conditions would render the subject property, or some significant portion thereof, unusable for any viable use permitted in the subject zone if these regulations were strictly applied.
(3)
Said conditions were not created by the property owner nor by his/her predecessor(s) in title.
(4)
The granting of the modification or waiver would be in harmony with the purpose and intent of these regulations.
(5)
The granting of the modification or waiver would not have a significant adverse impact on adjacent properties' values; or the public health, safety, and welfare; and would not be in violation of the recommendations of the Plan of Conservation and Development, as the same may be amended from time to time.
B.
Any request for modification or waiver under this section shall be set forth on the subdivision application form and, if granted, shall be noted on the subdivision plan with a reference to the lot(s) affected, and the section of these regulations modified or waived, and the extent or nature thereof. In granting or denying any request under this section, the Commission shall state upon the record the reasons for such action. A modification or waiver must be approved by a three-fourths vote of all the members of the Commission.
[Amended 9-16-2025, eff. 10-1-2025]
A.
Purpose. These impact statement regulations have been designed to assure that development of land is orderly and that conditions are not created which would result in the overcrowding of land, undue concentration of population, or increased congestion in the streets; to facilitate the adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements and to assure that proposed streets are in harmony with existing roads; to assure there is provision for an adequate and convenient system for present and prospective traffic needs; and to provide that adverse environmental impacts are minimized.
B.
Evaluation. The Commission shall evaluate each proposal on the basis of the Town Plan of Conservation and Development, existing zoning, and information provided in the impact statements submitted. The Commission shall evaluate each proposal to determine the individual and overall impact of any proposal on the existing and/or proposed infrastructure of the Town so as to assure the protection of the public health, safety and welfare. This evaluation shall be part of the subdivision review process.
C.
Significant proposals requiring impact statements:
(1)
Those subdivision plans proposed to include 100 acres or 100 units, whichever is less, immediately or in the future, unless determined by the Commission that there will not be a significant impact.
(2)
Those subdivision plans which are deemed by the Commission to have a regional impact in terms of drainage, traffic, groundwater quality or quantity, and/or environmental impact.
D.
Submission of reports by subdivider. The subdivider shall follow the submission requirements outlined in § 310-3.03B(1). The impact statement report shall include:
(1)
Area location maps. The proposed site shall be identified by map (one inch equals 400 feet maximum) showing its interrelationship with the neighborhood. This map shall identify the name, location and distance in miles to the following facilities, existing and proposed, which will service the site:
(3)
Educational evaluation. An evaluation of the impact of the proposal on the school system. Such evaluation shall take into account, but not be limited to:
(4)
Road and traffic impact. An evaluation of the existing road system surrounding the proposed development by pavement type, general road condition, accident rates, and adequacy for present and/or proposed development. An evaluation of the impact of the proposed development on these roads should be presented, including but not limited to:
(a)
Distance of the development from a major state or interstate road, existing or proposed.
(b)
Projected number of motor vehicle types to enter or depart the site, by peak hours and average daily traffic counts (ADT).
(c)
Projected traffic flow patterns and the relation of these to existing and proposed roads.
(d)
Projected impact of the traffic to be generated by the proposal to existing road capacities.
(e)
Anticipated road and traffic improvements which will be required as a result of the proposal.
(5)
Environmental impact.
(a)
An evaluation of the potential impact of the proposal on environmental factors, with particular emphasis paid to environmental factors such as:
[1]
Wetlands and watercourses.
[2]
Potential aquifers.
[3]
Floodplains.
[4]
Dams.
[5]
Areas with slope greater than 20%.
[6]
Prime agricultural soils.
[7]
Mineral and construction material resources.
[8]
Wildlife habitats.
[9]
Historical sites and stone walls.
[10]
Natural and scenic resources.
[11]
Parks, natural reservations and sanctuaries.
[12]
Areas where development can cause harmful and irreparable damage from erosion and siltation.
(b)
Such impact information shall also include:
[1]
A description of the existing environmental setting.
[2]
The favorable and adverse environmental impacts of the proposed action.
[3]
Identification of alternatives to the proposed action, including their impact on the environment.
[4]
Identification of any irreversible commitment of natural resources which cannot be avoided.
[5]
The growth-inducing aspects of the proposed action, including changes in net growth, additional land development, and related aspects.
[6]
Projected impact on land development surrounding the proposal.
[7]
A brief description of soil and erosion measures expected to be undertaken.
(6)
Public safety. An evaluation of the proposal as to the potential impact on the existing police and fire facilities which would service the area. Such evaluation should include the following:
(a)
Estimate of time and distance from nearest fire station in Town.
(b)
Estimate of time and distance to nearest fire station which may assist from an adjoining town.
(c)
Closest source of water supply and estimate of volume available.
(d)
Estimate of additional demand requirements on existing facilities, including any possible change in the Volunteer Fire Department status.
(e)
Proposed water supply system and its impact on fire protection.
(7)
Housing impact. An evaluation of the proposal on the effects of the supply and cost of housing in the community, including the impact on the community's and/or region's need for low- and moderate-income housing.
(8)
Open space. An evaluation of the existing and proposed open space areas which will serve the proposed development. Such evaluation shall include all pertinent information relating to ownership of such land, extent of development, availability to other Town residents, and provisions for maintenance and upkeep of this area.
The expiration provisions of the state statutes (particularly C.G.S. §§ 8-26c and 8-26g) shall govern for all subdivision approvals. Except for subdivisions that qualify for longer approval periods pursuant to statutory provisions, all work associated with an approved subdivision shall be completed within five years of the date of approval unless an extension is granted by the Commission pursuant to statutory provisions. Any extension of a conditional approval may be granted in one-year increments up to statutory limits. The subdivider shall provide justification acceptable to the Commission for any extension request. In reviewing any extension request, the Commission shall take into account site conditions, the status of required subdivision work, conditions of subdivision approval and any regulatory changes that have occurred since the original approval. The Commission shall have the right to modify bonding requirements in association with any extension request. Failure to complete subdivision work (as defined by the state statutes) within the approval period shall result in expiration of the approval.
These regulations may be amended by the Commission in accordance with the procedures set forth in C.G.S. § 8-25.
Should any section or provision of the regulations contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be invalid.
The Willington Planning and Zoning Commission, acting under authority of the General Statutes of the State of Connecticut, hereby adopts and enacts these regulations as the "Subdivision Regulations of the Town of Willington." The provisions of the Subdivision Regulations heretofore in force and any amendments thereof, so far as they are the same as in these regulations, are to be deemed continued and not as new enactments. Any and all provisions of the regulations as originally enacted which are inconsistent with the provisions of these regulations are hereby repealed, but this shall not affect any violations thereof already existing or any penalty incurred, and the same may be prosecuted as if these regulations had not been adopted.