No subdivision of land shall be made until a plan for such subdivision
has been approved by the Commission.
Should a developer have built upon the same tract or parcel of land three or more houses or have divided said tract or parcel of land into three or more lots, and it seems otherwise evident to the Commission that the developer is, in fact, developing a subdivision even though no application for said subdivision has been made, the Commission may declare said tract or parcel a subdivision and require the developer to make application as required in these regulations, unless the developer can reasonably prove to the Commission that the actions do not constitute a subdivision. Failure to follow the action of this Commission shall make the developer liable to appropriate penalties as indicated in § A184-6 of these regulations, and no further building permits will be granted on said tract until the developer has complied.
Any person, firm or corporation making any subdivision of land without
the approval of the Commission shall be fined not more than $200 for each
lot sold or offered for sale or so subdivided. The Town may enjoin such action
by a subdivider by action for injunction and/or may recover such penalty by
civil action. The remedies shall be cumulative, not alternative.
Land to be subdivided shall be of such character that it can be used
for building purposes without danger to health or public safety. In areas
contiguous to brooks, rivers or other bodies of water subject to flooding,
proper provision shall be made for protective flood control measures.
All subdivision plans must conform to Chapter 177, Zoning, and to the subdivision regulations herewith prescribed, and they shall be guided in their layout by the plan of development covering the area involved, before receiving final approval.
Where strict conformity to these subdivision regulations would cause
undue hardship or injustice to the tract owner, a subdivision plan substantially
in conformity with the regulations may be approved by the Commission, provided
that the spirit of the regulations and public convenience and welfare are
not adversely affected and that such subdivision plan receives approval of
at least four of the Commissioners.
The Commission may prescribe the extent to which and the manner in which
streets shall be graded and improved and public utilities and services provided,
and, in lieu of the completion of such work and installations previous to
the final approval of a plan, the Commission may accept a bond in an amount
and with surety and conditions satisfactory to its securing the Town and the
actual construction and installation of such improvements and utilities within
a period specified in the bond. The Commission, in lieu of the completion
of the work and installations referred to herein, previous to the final approval
of a plan, may provide for an assessment or other method whereby the Town
is put in an assured position to do such work and make such installations
at the expense of the owners of the property within the subdivision.
Proposed streets shall be in harmony with existing or approved thoroughfares,
especially with regard to safe intersections with such thoroughfares, and
so arranged and of such widths as to provide an adequate and convenient system
for present and prospective traffic needs.
[Amended 4-2-1990]
The Commission may require that land be reserved for open space, parks
and recreation in places deemed proper by the Commission. Each reservation
shall be of suitable size, dimension, topography and general character for
the particular purpose envisioned by the Commission. A maximum of 15% of the
total tract proposed for subdivision may be required for such purposes and
shall be indicated on the subdivision plan in order that it may be determined
when and what manner such areas may be set aside for these purposes.
Reserve strips controlling access to land dedicated or to be dedicated
to public use will not generally be permitted, nor will reserve strips of
land which may prove to be untaxable for improvements be permitted.
[Amended 4-2-1990]
No subdivision plans shall be approved until the Directors of Community
Services and of Public Health have approved the layout and design of water
service and sewage disposal systems. In addition, no subdivision plan shall
be approved until the Director of Community Services has approved the engineering
and construction requirements of street improvements and drainage systems.
Larger lot sizes than the minimum under Chapter 177, Zoning, may be required by the Commission in areas to be served by private sewage disposal systems where adverse soil or topographic conditions make such necessary in order to meet the requirements of the Director of Public Health.
Approval of a final subdivision plan shall not constitute an acceptance by the Town of any street, as defined in § A184-3, included in the plan. However, the filing of an approved final subdivision plan in the office of the Town Clerk shall constitute an irrevocable offer of dedication to the Town for acceptance as a street of any land shown as a street on said plan. Said offer of dedication shall be binding upon the owner of said land, the owners heirs, successors and assigns.
These subdivision regulations may be amended by the Commission after
public hearing, notice of the time, place and purpose of which has been given
by publication in a newspaper of general circulation in the Town at least
seven days prior to the date of such hearing.
[Amended 4-2-1990]
Any person aggrieved by an official action of the Commission may appeal
therefrom within 15 days of such official action to the Superior Court for
the Judicial District of Hartford-New Britain.
