Each plan of subdivision shall conform to the Zoning Regulations and to the following standards and requirements in all respects. The examples shown under the following standards are specific minimum requirements which must be fulfilled to constitute conformity with the prescribed standard. However, conformity with such minimum requirements shall not necessarily constitute conformity with the prescribed standard.
A. 
Affordable housing. An affordable housing development shall conform to Article VII of the Zoning Regulations and all other applicable standards and requirements of the Subdivision Regulations.
B. 
Conservation subdivision. A conservation subdivision shall conform to Article VIII of the Zoning Regulations and all other applicable standards and requirements of the Subdivision Regulations.
C. 
Retirement housing subdivision. A retirement housing subdivision shall conform to Article XXXIV of the Zoning Regulations and all other applicable standards and requirements of the Subdivision Regulations.
[Added 12-16-2008]
A. 
The general layout and design of the plan of subdivision shall, to the maximum possible extent, avoid large-scale changes in existing land contours, watercourse locations and other natural features of the terrain and landscape. Proposed building sites, roadway layouts and related work shall blend harmoniously with such existing natural features and shall preserve and utilize geologic and topographic terrain variations to afford diversity and natural beauty among building sites and their environs.
B. 
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the layout and design:
(1) 
Avoid cuts and fills and tree removal which increase the potential for soil erosion by wind or water or which endanger or disturb existing water resources;
(2) 
Avoid relocation of existing watercourses;
(3) 
Avoid filling or excavation of, or encroachment upon, any streambelt designated on the Streambelt Map, wetlands, watercourses, floodways or other land subject to potential flooding;
(4) 
Avoid removal of large, isolated trees and substantial portions of desirable woodlands or other vegetation;
(5) 
Except where unavoidable to allow specific site regrading or road construction, provide for preservation of all wetlands and watercourses in their natural state and provide for the protection thereof by land use controls appropriate to prevent excavation, filling or other encroachment; and
(6) 
Comply with Zoning or Inland Wetlands Regulations.
A. 
The size, layout, location and design of the plan of subdivision, including the road system, and the possible population and building density and intensity of uses permissible under the existing Zoning Regulations shall be in harmony with the municipal plan of development, compatible with the existing neighboring land uses and with reasonably expected future surrounding community development, and coordinated with the capacity and adequacy of existing municipal services and facilities.
B. 
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the plan:
(1) 
Provides for the connection of the subdivision road system only with improved and surfaced public roads wherever such system intersects with such roads;
(2) 
Provides for the connection of the subdivision road system with at least one public road within the Town;
(3) 
Provides for a buffer area or other protective measure or measures, wherever the plan area adjoins premises used or usable for purposes dissimilar to the uses for which the plan is proposed, effective to prevent or diminish any undue annoyance of the residents or occupants of the plan area and/or the adjoining premises and to screen residential properties from unsightly views;
(4) 
Provides that each lot or part within the plan area to be used for a building site has safe and convenient vehicular access directly, or indirectly over subdivision roads, to and from an existing public road;
(5) 
Provides, with respect to any lot or part within the plan area which adjoins a subdivision road or existing public road, but which has access to a road, right-of-way, an abandoned Town road, or easement other than a subdivision road or existing public road, for the elimination through appropriate deed restrictions of all rights of vehicular access to and from such lot or part to and from such other road or right-of-way;
(6) 
Provides for the installation of all necessary and appropriate connection and distribution facilities for utilization to serve all lots or parts of the plan area of any municipal sewer system and/or any public water supply system if existing service facilities with which connection can be made to such system are within 250 feet of any boundary of the subdivision area; and
(7) 
Provides for driveways not exceeding 12% gradient. All portions of a driveway with a gradient greater than 10% shall be paved.
(8) 
Provides that the parcel shall have not less than 50 feet of contiguous frontage on a public street. The road serving the subdivision shall connect with a public street through the required frontage.
[Added 12-16-2008]
A. 
Lots or parts of the land to be used for building sites shall be arranged and located in such a manner as to create and preserve individual unique characteristics in each; to maximize the environmental privacy of each; to provide each with safe and convenient vehicular access directly, or indirectly over subdivision roads, to and from an existing public road; and to avoid the use of land unsuitable for occupancy by reason of soil character, groundwater table, shallow depth to ledge rock, steep slopes, proximity to existing wetlands or watercourses or other physical characteristics.
B. 
Examples. A plan shall not be considered to meet the standard prescribed in Subsection A unless the lots or parts to be used for building sites:
(1) 
Are of such shape, size and location and of such geologic and topographic character that each can be used for building purposes and human occupancy without endangering the health or safety of the occupants of such site, the occupants of other sites within or without the plan area, or the general public;
(2) 
Are planned so as to make best use of the natural terrain; to preserve substantial trees, woodlands, wetlands, watercourses, prime agricultural lands, scenic areas, and other natural features and resources; to preserve historic sites and structures and stone walls and colonial roadways; and so as to be capable of use without extensive regrading or vegetation removal which would increase the potential for soil erosion or water sedimentation removal or which would adversely affect the ability of the lot to accommodate necessary on-site subsurface sewage disposal and/or water supply facilities;
(3) 
Are of such shape, size and location and of such geologic and topographic character that each can accommodate, without endangering or disturbing any wetland or watercourse, a permitted principal building with setbacks and off-street parking facilities required under the Zoning Regulations, as well as any necessary on-site subsurface sewage disposal system, with required reserve area, and water supply system, both of which conform in design and function to the requirements of the State Health Code and regulations enacted by the State Department of Public Health thereunder, and to the requirements of any Town regulations pertaining thereto;
[Amended 6-3-2008]
(4) 
Are so arranged that the number of such lots or parts to be used for building sites, which do not have at least 150 or at least 200 feet contiguous frontage on a public road or subdivision road, does not exceed 20% of the total number of such lots having the required frontage (one lot without required frontage for every five lots with required frontage), provided that:
(a) 
Each lot lacking such frontage shall be served by a road over an owned way of access upon land forming a part of such lot;
(b) 
Such lot shall be at least four-acre equivalent minimum buildable lot area;
(c) 
Such lot shall be used for a single-family dwelling; and
(d) 
Such owned way of access shall conform to the characteristics prescribed in § 500-17A of the Zoning Regulations;
(5) 
Shall contain sufficient area so that the soil absorption facility of any subsurface sewage disposal system serving the site shall be located wholly within the boundaries of such lot or part and shall not be located:
(a) 
In any soil of a type specified in Class E in Appendix A to these regulations,[1] regardless of the slope;
(b) 
In any soil of a type specified in Appendix A to these regulations if the slope of such soil exceeds 15% unless effective corrective measures are proposed, such as the avoidance of bedrock, provision of extra-large absorption area, the terracing or reduction of steep slopes, the lowering of the groundwater table, the installation of a mechanical or chemical effluent disposal device approved by the Connecticut Department of Public Health or by other means or facility which will safely and effectively dispose of effluent in accordance with the requirements of the State Health Code; or
[Amended 6-3-2008]
(c) 
More than 75 feet from the septic system reserve area;
(6) 
Are of such shape and size so that any dwelling and its associated septic system shall be located within the minimum lot rectangle as prescribed in the Zoning Regulations; and
[Amended 11-1-2016]
(7) 
Are used for a single-family dwelling.
All proposed roads shall conform in all respects to the road criteria (Article VII) and the road construction standards (Article VIII) of the Road Regulations; all proposed drainage facilities shall conform in all respects to the drainage improvement criteria (Article IX) and drainage improvement construction standards (Article X) of said regulations, and the completion of both shall conform in all respects to the final grading, stabilization and landscaping criteria (Article XII) of said regulations, the provisions of which are incorporated herein by reference and made a part hereof. Furthermore, the layout, location and function of proposed roads shall be such as to minimize the amount of land to be used for roads; to provide for safe and convenient circulation for both present and reasonably predictable traffic flow; and to provide for safe and convenient intersection of proposed roads or road systems with existing public roads.
A. 
Existing streets. In cases where a subdivision has frontage on or abuts an existing Town road and that road will serve as an access road to the subdivision, the Planning and Zoning Commission, upon the advice of the Town Engineer, shall determine whether the present condition of the road at the intersection to be created is adequate to provide safe and convenient traffic circulation and emergency access to the subdivision. This determination will be based on projected traffic volume, calculated at the rate of nine trips per day per lot. When the intersection is deemed inadequate to support projected traffic volume, the applicant shall submit a plan to make improvements and upgrade the intersection to the extent necessary to provide safe and convenient traffic circulation and emergency access to the subdivision. The plan shall be prepared by a registered professional engineer and include information required by § 480-40C of the Road Regulations. Upon approval of the application for subdivision, the intersection shall be upgraded in accordance with the approved plan. The applicant shall share in the costs of upgrading to a maximum of 75%. The improvements to the intersection shall be completed before any lot or part of the subdivision is offered for sale or building development.
[Added 12-16-2008[1]]
[1]
Editor's Note: This enactment also redesignated former Subsections A, B and C as Subsections B, C and D, respectively.
B. 
Unimproved Town roads. In cases where a subdivision has frontage on or abuts an unimproved Town road and that road will serve as an access road to the subdivision, the Planning and Zoning Commission shall determine whether the present condition of the road is adequate to provide safe and convenient traffic circulation and emergency access to the subdivision. This determination will be based on projected traffic volume, calculated at the rate of nine trips per day per lot. When the unimproved road is deemed inadequate to support projected traffic volume, the applicant shall submit a plan to upgrade the road to the extent necessary to provide safe and convenient traffic circulation and emergency access to the subdivision. The plan shall be prepared by a registered professional engineer and include information required by § 480-9 of the Road Regulations. Upon approval of the application for subdivision, the road shall be upgraded in accordance with the approved plan. The applicant shall share in the costs of upgrading to a maximum of 75%. The improvements to the road shall be completed before any lot or part of the subdivision is offered for sale or building development.
C. 
Examples. A plan shall not be considered to meet the standard prescribed in this section unless the layout, location and function of proposed roads:
(1) 
Provide for safe and convenient access directly or indirectly over subdivision roads to and from an existing public road for each lot or part to be used for a building site;
(2) 
Follow, wherever possible, the general contour of the land and shall have a location and grade which preserves natural terrain, large isolated trees, desirable woodland, vegetation and other natural features and amenities of the land and historic sites and structures and stone walls and colonial roadways; and
(3) 
Shall not create any permanent dead-end road (permanent cul-de-sac) which is over 1,000 feet in length. For purpose of this requirement, any road length which does not connect directly, or indirectly over other roads (whether within the subdivision area or the area of another subdivision), at both ends with an existing public road shall be considered to be a permanent dead-end road. A permanent dead-end road may be extended, provided that the extension is constructed in accordance with these regulations and the Road Regulations and the extension connects with another existing public road. The length of a road for the purpose of this Subsection C(3) shall be measured, without regard to road names, from the point of intersection with a road which is not a dead-end road and thence along the center line of the length to the center of the furthest turnaround from said point of intersection.
D. 
Special private road provision. For subdivisions which otherwise conform to the Zoning and Subdivision Regulations, street construction standards of the Town of Killingworth may be modified if the Commission finds that the following conditions are met:
(1) 
The tract to be subdivided shall contain provisions for no more than eight lots;
(2) 
All lots, including rear lots, having frontage on the private road shall conform to the standards of § 500-44 of the Zoning Regulations and shall be at least four-acre equivalent minimum buildable lot area;
(3) 
Streets within the subdivision shall be owned in fee by an association of lot owners incorporated under the laws of Connecticut. The instrument of association shall be in form and language approved by the Commission and Town Counsel and shall contain at least the following provisions:
(a) 
The power to levy assessments against the owners of lots within the subdivision enforceable by lien; and
(b) 
Covenants to maintain the street in good and safe condition, to make all required repairs and to undertake snow plowing, refuse collection, or other services, at no expense or burden to the Town of Killingworth. Said covenants shall be expressly enforceable by the Town as a third party beneficiary;
(4) 
The applicant or owner of the land to be subdivided shall include in the deed to each lot a statement that the street is not constructed in accordance with the road criteria and construction standards prescribed by the Town of Killingworth as a public way and is not a Town road or Town-maintained road;
(5) 
The site development plan shall include the dedicatory language of the common properties to the association in addition to the requirements of § 485-12B of these regulations;
(6) 
Subdivision roads shall be constructed in accordance with good engineering practice and shall meet at least the following standards:
(a) 
Construction plans shall be submitted according to the requirements of § 485-12C;
(b) 
Width. The right-of-way shall be at least 50 feet;
[Amended 5-18-2004]
(c) 
Pavement specifications. The minimum surface specification shall be at least 20 feet in width run-of-the-bank gravel, or its equivalent, compacted in six-inch layers on a bed of undisturbed inorganic gravel or rock; all topsoil, peat, or organic material shall be removed from below the pavement;
(d) 
In sloping areas, gravel pavement shall be crowned with adequate stable drainage ditches provided at both sides of the roadways; in areas of severe erosion potential, oiled paving and catch basins may be required;
(e) 
Surety. The Commission may require the developer to post satisfactory surety to sufficiently cover the estimated cost of said private road;
(f) 
Applicable sections of the Town's Road Regulations shall apply to roads in the subdivision, such as grade, sight distance, intersection, horizontal alignment, storm drainage and construction standards;
(g) 
The total of all private dead-end streets shall not be longer than 1,000 feet from the nearest intersection having more than one outlet; and
(h) 
Either a gate or other obstruction effectively barring the public from using such road, or a conspicuous sign, facing the Town road, clearly stating in bold letters that such road is a private way and is not open to the public shall be erected and maintained at all intersections with any Town road; and
(7) 
Developer shall provide easements for electric or telephone service along any private road constructed under the provisions of this section in form or language approved by the Commission and Town Counsel to service all lots in the proposed subdivision; a notation shall be placed on the record subdivision map that it may be the responsibility of individual lot owners to provide electric or telephone services at their own expense along said private road if provision for such service is not made by the developer or required by the instrument of association referred to in Subsection D(3) of this section.
E. 
Boundary markers and monuments. Monuments and pins shall be installed in accordance with the following requirements:
[Added 8-2-2011]
(1) 
Permanent monuments. Permanent monuments shall be installed at all points of change in direction or curvature of new streets and at other points as shown on the final plans, and where in the judgment of the Commission, permanent monuments are necessary. These monuments shall be installed along the line separating the street right-of-way and the adjoining property. Granite or concrete monuments at least 36 inches in length, dressed to at least four inches square at the top and with a cross or a three-eighths-inch hole drilled to a depth of 1/2 inch in the center of the top shall be set to a height of four inches above the finish grade. In cases where large boulders, surface ledge, or stone walls are present, a three-inch long five-eighths-inch diameter pin inserted in a rock may be substituted for the monuments. No permanent monuments shall be installed until all construction that could destroy or disturb the monuments has been completed. In the event that any monument is destroyed or disturbed during construction of subdivision improvements, the monument shall be replaced or repositioned prior to release of the subdivision construction bond.
(2) 
Lot markers. Pins (five-eighths-inch steel reinforcing bar) shall be installed at all four corners of all lots and at all major changes in direction. The applicant shall install thirty-six-inch permanent pin markers set at grade. During construction, it is permissible to use temporary surveyor’s stakes or pin markers to delineate boundaries.
(3) 
Open space markers. Monuments or permanent pins shall be installed at all corners and at intervals no greater than 600 feet along the boundaries of all open space parcels. Rights-of-way to open space parcels which are 50 feet in width or less shall be marked at intervals no greater than 100 feet.
(4) 
Driveway access markers. Driveway access strips for all rear lots shall be marked with permanent pins on both sides at intervals of not more than 100 feet for the length of the access strip.
(5) 
Certification of installation. The accurate placement and location of markers and monuments shall be certified by a licensed land surveyor and the cost of such shall be included in the construction bond. In subdivisions where property markers are the only “improvement,” the applicant may choose to have the markers installed prior to filing the subdivision plan in lieu of posting a bond.
(6) 
Certification of roadway right-of-way monumentation. A letter of certification from a licensed land surveyor stating that the roadway right-of-way monumentation has been set to A-2 precision is required as a prerequisite to road acceptance by the Town.
A. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
CERTIFICATION
A signed, written approval by the Killingworth Planning and Zoning Commission or its designated agent or the Middlesex County Soil and Water Conservation District that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
COMMISSION
The Planning and Zoning Commission of the Town of Killingworth.
COUNTY SOIL AND WATER CONSERVATION DISTRICT
The Middlesex County Soil and Water Conservation District established under Subsection (a) of § 22a-315 of the Connecticut General Statutes.
DEVELOPMENT
Any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA
An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GRADING
Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
INSPECTION
The periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENT
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL
Any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
B. 
Activities requiring a certified erosion and sediment control plan. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre.
C. 
Exemptions. Excavation for the foundation for a single-family dwelling that is not part of a subdivision of land shall be exempt from these soil erosion and sediment control requirements.
D. 
Erosion and sediment control plan.
(1) 
To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Alternate principles, methods and practices may be used with prior approval of the Commission.
(2) 
Said plan shall contain, but not be limited to:
(a) 
A narrative describing:
[1] 
The development or activity;
[2] 
The schedule for grading and construction activities, including:
[a] 
Start and completion dates;
[b] 
Sequence of grading and construction activities;
[c] 
Sequence for installation and/or application of soil erosion and sediment control measures; and
[d] 
Sequence for final stabilization of the project site;
[3] 
The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities;
[4] 
The construction details for proposed soil erosion and sediment control measures and stormwater management facilities;
[5] 
The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities; and
[6] 
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.
(b) 
A site plan map at a sufficient scale to show:
[1] 
The location of the proposed development and adjacent properties;
[2] 
The existing and proposed topography, including soil types, wetlands, watercourses and water bodies;
[3] 
The existing structures on the project site, if any;
[4] 
The proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines;
[5] 
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities;
[6] 
The sequence of grading and construction activities;
[7] 
The sequence for installation and/or application of soil erosion and sediment control measures; and
[8] 
The sequence for final stabilization of the development site.
(c) 
Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.
E. 
Minimum acceptable standards.
(1) 
Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed, and does not cause off-site erosion and/or sedimentation.
(2) 
The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Commission (or the County Soil and Water Conservation District) may grant exceptions when requested by the applicant if technically sound reasons are presented.
(3) 
The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.
F. 
Issuance or denial of certification.
(1) 
The Planning and Zoning Commission (its designated agent or the Middlesex County Soil and Water Conservation District) shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
(2) 
Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapter 124, 124A or 126 of the Connecticut General Statutes.
(3) 
Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided that such review shall be completed within 30 days of the receipt of such plan.
(4) 
The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.
G. 
Conditions relating to soil erosion and sediment control.
(1) 
The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under § 485-26 of these regulations.
(2) 
Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
(3) 
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
(4) 
All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
H. 
Inspection. Inspections shall be made by the Commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.
Each plan of subdivision of a tract or parcel of land, the subdivision area of which exceeds 20 acres, shall provide for the dedication of an area of land within the subdivision area to one or more of the following open space uses, or natural areas preserved and protected in their natural state:
A. 
Area. The minimum aggregate area of the land to be dedicated hereunder shall be not less than 15% of the subdivision area, except that the Commission may approve a reduction of such minimum aggregate area upon the request of the applicant. Such request shall be made in writing as a part of the application, and the map, plans and other information in support of the application may be submitted as if such request will be granted. The Commission shall act upon such request within 21 days after submission of the application and shall send written notice of its decision to the applicant.
(1) 
In deciding any such request, the Commission shall consider, in the light of the size, layout, location and design of the plan of subdivision, including the possible population and building density and intensity of uses permissible under the existing Zoning Regulations, and the availability of land dedicated to open space uses in the vicinity of the proposed subdivision, the following purposes for which dedication of open space is required hereunder:
(a) 
To preserve the rural character and maintain the scenic appearance of Killingworth by retaining natural open space areas where they are most visible from public roads, including buffer strips along roadways, ridge-tops, visual corridors, and vistas;
(b) 
To maintain and enhance the conservation of natural or scenic resources and wildlife, including unusual topography and ledge outcroppings, wetlands and watercourses, streams, aquifers, wildlife habitats, mature tree specimens and rare and unusual tree stands, and the retention of natural drainageways;
(c) 
To enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, greenways, or other open spaces;
(d) 
To enhance public recreation opportunities by providing parks, playgrounds, hiking trails, and bicycle trails;
(e) 
To preserve historic and cultural resources in an appropriate setting, including historic and archaeological sites, stones walls, cemeteries, colonial roads, and the like;
(f) 
To promote orderly suburban development, accomplish a more desirable environment for living, and counteract the effects of urban congestion and monotony; and
(g) 
To promote the public health, safety, and welfare of the people residing within the subdivision and to aid in the preservation of property values.
(2) 
In the event of denial of any such request, the applicant may amend his application, in the manner prescribed in § 485-22 of these regulations, to make provision for the minimum aggregate area to be dedicated hereunder.
B. 
Character. The open space area shall meet the purposes described in Subsection A. The open space area may include wetlands, floodplains, steep slopes, old-growth woodlands, historic sites, stone walls, colonial roads, wildlife habitats, prime farmland, ridge-tops, and scenic views. Each such area of open space shall be of such shape, size, and location and of such geologic and topographic character that each can be safely and conveniently reached and used for the purposes for which it is dedicated. Any such area to be open for the use and enjoyment of the general public shall be so located as to be safely and conveniently accessible, and in harmony with similar areas of any existing or possible subdivisions or other sections of the Town adjoining the subdivision area. Open space areas shall meet the following conditions:
(1) 
The area of open space shall consist of a single parcel of contiguous land.
(2) 
The boundaries of the area of open space shall not be excessive in number and shall be marked by monuments or set iron pins.
(3) 
The area of open space shall be contiguous with any existing areas of open space, park, or public land in adjacent parcels of land in order to create an interconnected system of greenways and open space.
(4) 
The area of open space shall have frontage not less than 25 feet in width on a public road or subdivision road. The Commission may require that proper pedestrian or vehicular access be provided for open space areas.
(5) 
House sites and roads in the subdivision shall be located so as to be in harmony with protected open space areas.
(6) 
Land to be provided as open space for the purpose of preservation and protection of wildlife and natural or scenic resources shall be left in a natural state.
(7) 
Except for any improvement or maintenance as may be expressly permitted or required by the Commission, open space areas dedicated for the purpose of preservation and protection of wildlife and natural or scenic resources shall not be graded, cleared, or used as a repository for brush, stumps, earth, building materials, or debris; the contours of open space areas may not be altered; flora or earth products may not be removed from open space areas; and open space areas may not be used for construction of any structure, sign, fence or other improvement.
(8) 
The Commission may require that any land to be dedicated for the purpose of recreational use be cleared of brush, trees, and debris, be graded and seeded, have proper pedestrian or vehicular access provided, and be otherwise improved so the land is left in a condition appropriate to the intended use.
(9) 
The purpose(s) in Subsection A for which the open space is dedicated shall be placed on the record subdivision map.
(10) 
To insure proper construction of any required improvements within the open space area, including but not limited to the provisions of Subsection B(2) and (8), the Commission shall require a performance bond to be posted in accordance with § 485-26.
C. 
Dedication. Permanent dedication of each such area of open space shall be accomplished either by conveyance of the fee interest therein to the Town, creation of a conservation restriction in favor of the Town, conveyance of the fee interest to an exempt organization approved by the Commission, creation of a conservation restriction in favor of an exempt organization approved by the Commission, or any other method which accomplishes permanent dedication in accordance with the requirements set forth in Subsection I. The method of dedication is subject to the approval of the Commission. The applicant shall submit to the Commission a written statement from the organization to which open space is to be dedicated agreeing to accept the open space. Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
[Amended 11-1-2016]
D. 
Conveyance of fee to Town. Where dedication of such open space is to be made by conveyance of the fee interest therein to the Town, such conveyance shall be by a warranty deed which shall contain a restrictive covenant or covenants, running with the land and burdening the premises in perpetuity, prohibiting the use of the premises for any purpose other than the one or more of the open space uses prescribed in this section. Good and marketable title to the premises, free of all encumbrances or defects, shall be conveyed to the Town and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
E. 
Conservation restriction in favor of Town. Where dedication of such open space is to be accomplished by the creation therein of a conservation restriction in favor of the Town, such conservation restriction shall be created by a conveyance or instrument of declaration, running with the land and burdening the premises, which shall contain a prohibition or prohibitions against any use thereof other than for one or more of the open space purposes referred to in this section. The owner may retain the fee interest in the premises and all incidents of ownership therein not inconsistent with the accomplishment of the purposes for which such premises are dedicated. The right to construct any structure, sign, fence or other improvement thereon, to alter the contours thereof or to remove flora or earth products therefrom is hereby declared inconsistent therewith. Indefeasible rights under such conservation restriction shall be vested in the Town and shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
F. 
Conveyance of fee to exempt organization. Where dedication of any such open space is to be accomplished by conveyance of the fee interest therein to an exempt organization approved by the Commission, such conveyance shall be by a warranty deed which shall contain a restrictive covenant or covenants, running with the land and burdening the premises in perpetuity, prohibiting the use of the premises for any purpose other than one or more of the open space uses prescribed in this section. Good and marketable title to the premises, free of all encumbrances or defects, shall be conveyed to the exempt organization and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
G. 
Creation of a conservation restriction in favor of exempt organization. Where dedication of such open space is to be accomplished by the creation therein of a conservation restriction in favor of an exempt organization approved by the Commission, such conservation restriction shall be created by a conveyance or instrument of declaration, running with the land and burdening the premises, which shall contain a prohibition or prohibitions against any use thereof other than for one or more of the open space purposes referred to in this section. The owner may retain the fee interest in the premises and all incidents of ownership therein not inconsistent with the accomplishment of the purposes for which such premises are dedicated. The right to construct any structure, sign, fence or other improvement thereon, to alter the contours thereof or to remove flora or earth products therefrom is hereby declared inconsistent therewith. Indefeasible rights under such conservation restriction shall be vested in such exempt organization and shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
[Amended 5-18-2004]
H. 
Other method. Where dedication of such open space is to be accomplished by a method other than those specified in Subsections D through G, such method shall involve the creation and recordation on the Town land records of a covenant and/or restriction, running with the land and burdening the premises in perpetuity, prohibiting the use of the premises for any purpose other than one or more of the open space uses prescribed in this section. All elements of the method of dedication shall be subject to the approval of the Commission. Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be created and recorded in the office of the Town Clerk prior to endorsement of the record subdivision map by the Commission.
I. 
General. When any method of dedication, other than the method specified in Subsection D (deed to Town) or Subsection E (conservation restriction in favor of Town), of such open space is used, the deed, declaration or other instrument imposing the covenants and/or restrictions hereinbefore prescribed shall also provide that:
(1) 
All such covenants and/or restrictions shall be binding upon and inure to the benefit of all present and future owners of the land within the subdivision area;
(2) 
Such covenants and/or restrictions shall not be affected by any change in the zoning or other land use regulations;
(3) 
Such covenants and/or restrictions may be enforced by each present and future owner of land within the subdivision area and also by the Town by appropriate action in court for damages or for affirmative or negative equitable relief;
(4) 
Insurance protection, in such amount and with such insurance company or companies as shall be satisfactory to the chief executive officer of the Town, shall be maintained against the risk of liability for personal injury or property damage arising upon or by reason of the use of such open space area;
(5) 
The rights and duties created by such covenants and/or restrictions shall not in any way be modified or amended without the prior written approval of the chief executive officer of the Town then in office and the Chairman of the Commission then in office authorized by resolution of such Commission;
(6) 
If at any time maintenance, preservation and/or use of such open space area shall not comply with or fulfill the provisions of such covenants and/or restrictions, the Town may, at its election, take any and all such action as may be necessary or appropriate to assure or enforce compliance and to assess against the owners of land within the subdivision area, either jointly or severally, all costs incurred by the Town for such purposes;
(7) 
If at any time any organization to which open space is dedicated shall cease to exist, ownership of the open space shall revert to the Town of Killingworth. The open space shall be conveyed to another organization as described in Subsection C and determined by the Planning and Zoning Commission; and
(8) 
Any instrument or conveyance of open space or any conservation easements or other open space covenants and restrictions shall be subject to the approval of the Commission and Town Counsel in form and content. After approval, said document shall be recorded in the office of the Town Clerk.
J. 
Deeds. When any method of dedication of any such open space is used under which it is not to be open for the use and enjoyment of the general public, each instrument of conveyance of a lot or part of the subdivision area shall contain a grant of a permanent and perpetual easement, running with the land, of use of all dedicated areas within the subdivision area in a manner consistent with the nature and purpose of such dedication.
Each plan of subdivision shall provide for the establishment of encroachment lines along all rivers, streams, brooks or other moving watercourses, and their associated streambelt areas and floodplains, located within the plan area that function as a part of the natural drainage system, beyond which, in the direction of the watercourse, no permanent obstruction, encroachment or diversion shall be made unless authorized by the Commission. The encroachment lines shall be established along the predicted high-water lines that would result from a design streamflow expected to occur on an average of once in 100 years (one-hundred-year flood).
A. 
When such a natural watercourse exists within the boundaries of the plan area, the applicant shall submit a report, prepared by an engineer licensed to practice in the State of Connecticut and experienced in hydrology and hydraulics, setting forth the method and calculations used to establish the location of the encroachment lines.
B. 
Where it is proposed to build on, fill, excavate or otherwise improve land within the established encroachment lines, it will be the responsibility of the applicant to demonstrate, by submission of evidence based on sound engineering calculations, that such improvements will not cause danger to life or adversely affect other property owners in times of high flows and will not conflict with the requirements and regulations of the National Flood Insurance Act and Program and such Town ordinances, rules and regulations adopted in support of such Act or Program.
C. 
No building shall be erected on any site within the encroachment line unless the lowest floor elevation (including basement) and the lowest point of any part of the soil absorption facility of any on-site subsurface sewage disposal system is at least one foot above the one-hundred-year predicted flood elevation.
D. 
The Commission shall determine the adequacy of the proposed encroachment lines, and shall base any decision on allowing improvements to take place within the encroachment lines as approved by the Commission, on considerations of:
(1) 
The capacity of the watercourse to carry and store design floodwaters;
(2) 
The effect of any proposed improvement within the encroachment lines on the flood height of the design storm and the degree to which lives and property could be endangered by such encroachment; and
(3) 
Conflict of any proposed encroachment with applicable requirements and regulations of the National Flood Insurance Act and Program and any Town ordinances, rules and regulations adopted in support of said Act and Program.
E. 
The encroachment lines, as approved by the Commission, shall be shown on the record subdivision map and a note shall be placed on said map explaining the encroachment lines and stating the restrictions against encroachment.
F. 
Any debris or other obstruction which could impede the flow of floodwaters from within the approved encroachment lines shown on the record subdivision map shall be cleared as a part of the work.
The plan of subdivision shall conform to the following requirements:
A. 
Street trees. Street trees shall be planted approximately 50 feet apart on both sides of any road, subject to variations made necessary by driveways, road corners and walks; such trees shall not be located within three feet of the edge of the pavement. Trees to be planted shall be at least 1 3/4 inches in diameter at breast high and shall have a minimum height of 10 feet. The species of trees shall be subject to the approval of the Commission. Where trees may interfere with utility poles and wires, the Commission may permit the location of required trees within the front 10 feet of the proposed lots. Existing trees along the proposed road which conform to these requirements may be substituted for new trees at the discretion of the Commission.
B. 
Underground utility lines. New electric and telephone wires shall be installed underground unless the Commission determines, based on a written report submitted by the applicant, that such underground installation is inappropriate or unfeasible for all or part of the subdivision. In making such determination, the Commission shall take into account the type of service existing in the area adjacent to the subdivision, topographic and construction conditions, and the size of the subdivision. Wherever possible, such underground utilities shall not be located under the road pavement.
C. 
Easements. Perpetual and permanent easements, running with the land and burdening the premises in perpetuity, for access to, and use of, land for a road and associated work shall be granted or obtained and shown on the record subdivision map, with adequate survey information, so that the land subject to easement may be accurately located by field survey, as necessary or appropriate for:
(1) 
Access to bridges and culverts with construction and maintenance equipment;
(2) 
Stormwater pipes, water mains and sanitary sewers and appurtenances, which easements shall not be less than 20 feet in width;
(3) 
Easements for grading, maintaining and repairing roadway slopes;
(4) 
Sight easements across corners of lots at intersections to assure safe line of sight on the road; and
(5) 
Easements at least 10 feet in width for pedestrianways to parks, playgrounds, schools and other public or semipublic places where the road system does not conform to a convenient pattern of pedestrian circulation.
If any part of the subdivision area is located within the special flood hazard area, the plan of subdivision shall conform to the following requirements:
A. 
Design. The general layout and design of the plan of subdivision shall be consistent with the need to minimize flood damage;
B. 
Utilities. All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage;
C. 
Drainage systems. Adequate drainage systems shall be provided to reduce exposure to flood hazards; and
D. 
Base flood elevation data. Base flood elevation data shall be provided for that portion of the plan area within the special flood hazard area.
In order to preserve archaeological and historic sites in the Town of Killingworth, the applicant shall submit a plan for the protection of historical, archaeological, and other unusual features shown under § 485-39C(14). The plan shall describe procedures to identify, protect, preserve, or properly remove the features. A plan shall also be submitted should any of the features in § 485-39C(14) be uncovered during work or construction.
A. 
Plan. The plan shall be undertaken by the applicant and should include the following:
(1) 
Identification of any historical, archaeological, and other unusual features shown under § 485-39C(14);
(2) 
An evaluation of the impact of the development on the subject sites and features; and
(3) 
A description of measures to be taken to mitigate any adverse impact of the development on the site and to protect and preserve the sites and features; these measures may include inclusion of the site in land dedicated to open space; conservation easements; locating roads, buildings, excavations or other improvements so as to minimize impact on sites; restoration of historic structures; or proper removal to an appropriate location.
B. 
Where it is found that the project will adversely impact a historically or archaeologically sensitive area or feature, the Commission shall not approve the project unless:
(1) 
Provision has been made by the applicant for a more intensive investigation to be conducted by qualified professionals, such as a professional archaeologist, professional historian, or Office of State Archaeology, approved by the Commission; and/or
(2) 
The proposed project has been otherwise revised or modified to protect historic and archaeological sites and to mitigate adverse impacts.
[Added 12-16-2008]
In order to preserve the wooded nature of the Town of Killingworth, provide protection for this resource by minimizing the loss of trees from development, and to reduce stormwater runoff, the applicant shall submit a plan for the protection of specimen trees and significant trees shown under § 485-39C(5). The plan shall describe procedures to identify, protect, and preserve specimen and significant trees.
A. 
Plan. The plan shall be undertaken by the applicant and include the following:
(1) 
Identification of any specimen trees and significant trees shown under § 485-39C(5). In the case of parcels over five acres, the applicant may designate on the plans a portion of the parcel as containing specimen or significant trees rather than locating individual trees.
(2) 
An evaluation of the impact of the development on the subject trees.
(3) 
A description of measures to be taken to mitigate any adverse impact of the development on the trees and to preserve the trees.
B. 
Provisions. Where it is found that the project will adversely impact specimen trees or significant trees, the Commission shall not approve the subdivision unless:
(1) 
Provision has been made by the applicant for a more intensive site investigation by qualified professionals, such as a professional arborist approved by the Commission; and/or
(2) 
The proposed project has been otherwise revised or modified to protect specimen and significant trees and to mitigate adverse impacts.
C. 
Procedures.
(1) 
All reasonable efforts shall be made to preserve specimen trees and significant trees, including, but not limited to, relocation of planned and/or proposed infrastructure, driveways, and buildings.
(2) 
If the applicant proposes to remove any specimen or significant trees, the applicant shall demonstrate to the Commission's satisfaction that there is no reasonable alternative to the removal of the trees.
(3) 
In approving the removal of specimen or significant trees, the Commission may require the applicant to plant additional trees with a minimum caliper of 2 1/2 inches and a minimum height of eight feet.
(4) 
No more than 25% of the area within the dripline of the significant and specimen trees shall be disturbed or covered with an impervious surface. Any disturbed area or impervious surface shall be at least three feet from the tree trunk.
(5) 
Protection of specimen and significant trees during construction.
(a) 
The area surrounding all specimen and significant trees that are within the construction area and are to be preserved shall be clearly marked prior to the start of any construction activities.
(b) 
The area within the dripline of the trees to be preserved shall remain free of all building materials, fill, debris, and vehicles.
(6) 
Long-term protection of specimen and significant trees. For trees that are to be preserved, tree wells and/or tree walls shall be provided to prevent changes in grade of more than six inches within the dripline of the trees.
(7) 
Emergencies. In the event that a specimen tree or significant tree that is shown on an approved plan as being preserved poses a serious and imminent threat to public safety due to death, disease, or damage resulting from a natural or man-made disaster, the Commission may authorize the removal of the tree.
(8) 
Preapplication clearing or stone wall removal. If clearing or harvesting of significant trees has taken place within two years prior to application for subdivision or resubdivision, the Commission may require the applicant to plant an equal number of trees with a minimum caliper of 4 1/2 inches and a minimum height of 12 feet in areas to be specified by the Commission. Similarly, if stone walls are removed from a property within two years prior to application for any permit under these regulations, the Commission may require the applicant to construct new stone walls equal to the length of the stone walls removed.
[Added 11-1-2016]
[Added 8-2-2011]
A. 
Purpose and authority.
(1) 
Increased development without proper consideration of stormwater impacts can be a significant source of pollution to Long Island Sound, its tributaries, and other waters of valuable natural, economic, recreational, cultural and aesthetic resources. The protection and preservation of these waters is in the public interest and is essential to the health, welfare and safety of the citizens of the Town. It is, therefore, the purpose of this section to protect and preserve the waters within the Town of Killingworth from nonpoint sources of pollution through the proper management of stormwater flows and minimization of pollutants as defined by the "2004 Connecticut Stormwater Quality Manual" prepared by the Connecticut Department of Environmental Protection, as it may be amended (hereafter referred to as the CT Stormwater Quality Manual).
(2) 
The intent of the regulations is to set forth stormwater management plan requirements, including design practices and technical standards, to be incorporated in the planning, design, construction and maintenance of development proposals, redevelopment proposals and other activities that change the land's surface and alter hydrologic conditions resulting in pollution and adverse impacts to the surface water, groundwater and other natural resources of the Town of Killingworth.
B. 
Applicability. No person shall submit a special permit, subdivision, or resubdivision application without including a stormwater management plan that will control or manage runoff from the land, except as provided within this section. Furthermore, upon application for a certificate of zoning compliance the Commission may require that a stormwater management plan be prepared, all or in part, as provided within this section when it has been determined that the development of the single-family dwelling may have an adverse impact on stormwater quality.
C. 
Contents of stormwater management plan.
(1) 
Stormwater management plans shall include a narrative of the objectives of the plan including the impacts resulting from the proposal or activity and a description of the practices, techniques, structures and facilities proposed to mitigate such impacts. The plan shall provide the following information and be prepared by an engineer licensed to practice in the State of Connecticut:
(a) 
Soil characteristics based on site testing.
(b) 
Location of the closest surface water bodies and wetlands to which drainage might be directed, and the depth to groundwater. Identification of Flood Hazard Boundaries as represented on Killingworth's Flood Insurance Rate Map (FIRM).
(c) 
A description of design methodologies and computer models used, and hydrologic, hydraulic, sizing and water quality design computations for all practices and techniques, and structures and facilities. In general, this information should be submitted in accordance with the hydrologic and hydraulic design and analysis documentation requirements of the Connecticut Department of Transportation Drainage Manual. The design of all stormwater treatment practices shall be in accordance with the recommendations of the CT Stormwater Quality Manual.
(d) 
Drawings including plan views, profiles, sections, and typical details of all stormwater management system components at adequate scale(s) and containing sufficient detail to clearly depict the intent of the design details of construction and/or installation, dimensions and materials including planting and landscape plans and details associated with stormwater management system components.
(e) 
Structural design, geotechnical design and supporting information, as required by the Town Engineer for certain stormwater management system components, including storm sewers, channels, outlet protection measures, culverts, bridges, dams, spillways, outlet works, retention or detention measures, and other structures.
(f) 
Location of all easements stating the specific responsibilities of the grantor and grantee as the access and maintenance of the stormwater system.
(g) 
Proposed maintenance and operation manual or schedule for any best management practices (BMP) devices used to prevent pollution or treat stormwater.
(2) 
Upon written request of the applicant, the Commission may waive any part of this required information upon a finding that such information is not necessary to make a determination of the plan's compliance with the standards and criteria for decision.
D. 
Standards and criteria for decision. No stormwater management plan may be approved without a finding that the plan is consistent with the CT Stormwater Quality Manual and the following criteria;
(1) 
Design and planning for site development shall provide for minimal disturbance of predevelopment natural hydrologic conditions, and shall reproduce such conditions after completion of the proposed activity, to the maximum extent feasible as determined by the Town Engineer in accordance with the CT Stormwater Quality Manual.
(2) 
Pollutants shall be controlled at their source to the maximum extent feasible in order to contain and minimize contamination. Methods include but are not limited to sweeping of pavements, especially in the early spring, the use of sediment basins prior to infiltration and encouragement of sheet flow to filter strips. Snow removal should be placed on a site that will not cause pollution as defined in this section.
(3) 
All stormwater management systems shall be designed and maintained to manage site runoff in order to eliminate surface and groundwater pollution, prevent flooding and, where required, control peak discharges and provide pollution treatment.
(4) 
All stormwater management systems shall be designed to collect, retain and treat the first inch of rain on site, so as to trap floating material, oil and litter. On-site storage methods include but are not limited to landscaped depressions, grass swales, infiltration trenches and retention or detention basins.
(5) 
Stormwater runoff rates and volumes shall be controlled by slowing runoff velocities and infiltration. BMP methods for controlling runoff and infiltration shall be in accordance with the CT Stormwater Quality Manual. Stormwater management plans must demonstrate as close to a zero increase in runoff for the two-, ten-, twenty-five-, fifty-, and one-hundred-year design storms as compared to predevelopment conditions as is practicably possible based on site soil conditions.
(6) 
All stormwater treatment systems shall be employed where necessary to ensure that the average annual loadings of total suspended solids following the completion of the proposed activity at the site are no greater than such loadings prior to the proposed activity. Alternatively, stormwater treatment systems shall remove 80% of total suspended solids from the site on an average annual basis.