Whenever the Commission determines that additional
supporting information is necessary to the proper determination of
any application for preliminary or final approval hereunder, it shall
notify the applicant of the specific information required. Until such
information has been received by the Commission, it may decline to
schedule, postpone or adjourn any hearings thereon. Furthermore, if
the applicant shall refuse to submit or, after written request therefor,
shall fail, within a reasonable period specified in such request,
to submit additional information, the Commission shall not proceed
to a determination of the application and may, without further proceedings,
disapprove it.
The obligation of the bond prescribed in §
480-17 shall not expire, be released or otherwise terminate with respect to any road and associated improvements prior to the effective date of final approval thereof pursuant to Article
V.
Whenever application is made for a final approval pursuant to Article
V, the applicant shall deliver to the Chairman of the Commission, at the hearing thereon, to hold in escrow a warranty deed properly executed by the owner or owners of the land to which the application relates, in form and manner and suitable for recording, effectively conveying good and marketable title to said land to the Town, together with a certificate of title from an attorney admitted to practice in Connecticut certifying that said owner or owners hold good and marketable title to said land at the date of such hearing free and clear of all title defects and encumbrances. By such delivery of such deed, the applicant and said owner or owners shall be deemed to authorize delivery to and recording thereof by the Town upon acceptance of such road by the Town. In the event that final approval is not granted by the Commission or such road is not accepted by the Town when proposed at a Town Meeting, said deed shall be returned to the applicant.
The criteria and standards prescribed in these
regulations are necessarily of general applicability and apply to
all roads and associated improvements under all topographical, geological
and other physical circumstances and conditions. Therefore, where,
in respect of a particular application hereunder, because of unusual
topographical, geological or other physical circumstances and conditions:
A. Lower criterion or standard. Specific application of a particular criterion or standard as herein prescribed would require expenditure of substantial extraordinary costs of construction, the Commission may allow departure from such criterion or standard therefor if it finds that the burden of such extraordinary costs outweighs the risk that the purpose of the criterion or standard, in the light of the purposes of these regulations expressed in Article
I and the dangers and conditions to be avoided or minimized thereby, will not be achieved.
B. Higher criterion or standard. Specific application of a particular criterion or standard as herein prescribed would fail to achieve the purpose of such criterion or standard, in the light of the purposes of these regulations expressed in Article
I and the dangers and conditions to be avoided or minimized thereby, the Commission may prescribe a different criterion or standard therefor if it finds that the need to achieve such purpose outweighs any additional cost of construction which may result therefrom.
In the event that, upon application for final
approval hereunder of a road and associated improvements for which
preliminary approval was previously granted hereunder, the actual
construction fails to conform to the location, layout, design or construction
plans as previously approved, the Commission may grant final approval
notwithstanding such nonconformity but only if the Commission finds
that:
A. Such nonconformity was not the result of a willful
or negligent disregard for the specifications as previously approved;
B. Additional work and/or materials requiring expenditure
of substantial additional costs will be necessary to bring about conformity;
and
C. The nonconforming condition or circumstance does not
involve a departure from any applicable criterion or standard prescribed
in these regulations.
If a court of competent jurisdiction finds any
provision of these regulations to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to the particular
provision which is expressly held to be invalid or ineffective and
all other provisions of these regulations shall continue to be separately
and fully effective.
If a court of competent jurisdiction finds the
application of any provision of these regulations to any use, land
or improvement to be invalid or ineffective in whole or in part, the
effect of such decision shall be limited to the person, property or
situation immediately involved in the controversy and the application
of any such provision to other persons, property or situations shall
not be affected.
The effective date of these regulations shall
be September 30, 1977.