No subdivision of land shall be made and no
land in any subdivision shall be sold or offered for sale and no street
or utility construction shall be started until a plan of subdivision,
prepared in accordance with the requirements of these regulations,
has been approved by the commission and has been filed in the office
of the Town Clerk.
[Amended 6-18-1990]
In the case of subdivisions requiring construction of new streets, any existing street which provides either frontage to new lots or access to new streets shall meet the minimum standards established and defined in § 143-6. Where a subdivision requires expenditures by the Town to improve existing streets to conform to minimum requirements, the Commission may disapprove such subdivision until the Town Council has approved such expenditures or until other provisions have been made to assure that such existing streets will be improved to the required minimum standards.
The Commission shall require extension of public
water to all subdivisions.
[Amended 6-18-1990]
For the purpose of these regulations, streets
shall meet the following minimum requirements:
A.
The layout of the street right-of-way shall have been
approved by the Planning and Zoning Commission and shall have at least
one intersection with another Town street or state highway.
B.
The street right-of-way shall have a minimum width
of 50 feet.
C.
The street shall be one that is not under consideration
for discontinuance or realignment by the authority having jurisdiction.
D.
The street alignment and grades shall be in harmony
with existing and proposed streets and the pilot plan of development
of the Town and shall conform substantially to these regulations.
E.
Street construction (subbase and base courses) shall
be sufficient to carry safely and adequately potential future traffic
computed on the basis of land areas to be served and population density
based on zoning requirements.
F.
Storm drainage disposal shall be adequate for present
uses, and additional storm drainage created by new subdivisions shall
not increase the Town's obligation for additional storm drainage disposal
on existing streets or other private or public lands.
G.
State highways shall be considered to meet the above
standards.
H.
No subdivision containing a provision for private
streets shall be approved.
All land to be subdivided shall be of or shall
be capable of being properly changed, in the judgment of the Commission,
to such a character that it can be used for building purposes without
danger to public health or safety or to the environment. Land subject
to periodic flooding, poor drainage or other hazardous conditions
shall not be subdivided. Land with inadequate capacity for sanitary
sewage disposal shall not be subdivided unless connected to public
sewers. Plans for the subdivision of land shall conform to all ordinances
and regulations of the Town of Wethersfield, the Town plan of development,
as may be amended, the overall storm drainage plan of the Town and
all applicable state laws and regulations.
Provision shall be made for sidewalks in all
subdivisions. Construction of sidewalks is required on the subdivision
side of existing streets without sidewalks and on both sides of new
subdivision streets, except that no sidewalk will be required on permanent
dead-end streets less than 600 feet in total length as measured from
the street line of the intersecting street to the center of the cul-de-sac.
A.
All subdivisions shall make adequate provisions for water supply (both for domestic and for fire-fighting purposes), hydrants, stormwater and sanitary sewage disposal and required utilities and improvements. All utilities shall be installed underground. All underground utilities shall be installed within the right-of-way according to specifications outlined in these regulations and as shown on Drawings No. 1 and 2 of § 143-43. Conduits, wires, etc., for all underground utilities, whether for immediate or future use, shall be installed during the construction of the roadway.
B.
In subdivisions to which underground utilities are
to be furnished from a public source, all necessary mains, branch
offsets to each lot and fire hydrants shall be installed by the subdivider,
as approved by the corporation or municipal department having jurisdiction,
and to the satisfaction of the recognized authorities of the Town
and without expense to the Town.
C.
An adequate subsurface stormwater drainage system
for the entire subdivision area shall be provided, unless, in the
judgment of the Commission, the natural topography and/or easy access
to natural watercourses makes storm drainage unnecessary. Storm drainage
shall be carried to existing watercourses or connect to existing storm
drains and shall conform to the Town's overall storm drainage plans.
A complete streetlighting system, including
excavations, cable, poles and fixtures approved by the operating utility
company, shall be installed without cost to the Town. All costs relating
to the installation of this system, including all energy charges incurred
until the acceptance of the public utilities and improvements by the
Town Council, shall be those of the developer. Streetlights shall
be energized prior to street acceptance where, in the opinion of the
Town, they are required for reasons of safety. The developer shall
make arrangements with the utility company to have all streetlight
costs charged at the overhead rate.
An erosion and sedimentation control plan shall be provided as part of any application for subdivision where the disturbed area of development is more than 1/2 acre. Such plan shall show proper measures to control erosion and reduce sedimentation as set forth in the Connecticut Guidelines for Soil and Erosion Control, published by the Connecticut Council on Soil and Water Conservation, January 1985, as may be amended, and the specific requirements of § 143-24.
A plan of subdivision shall make provision for
use of passive solar energy techniques or demonstrate that such techniques
have been considered in the development of the plan. Site design techniques
for passive solar energy use shall include but not be limited to house
orientation, street and lot layout, vegetation, natural and man-made
topographical features and protection of solar access within the development.
A.
The subdivider shall install a complete sanitary sewer
system under the supervision of the Metropolitan District Commission.
B.
The subdivider shall install laterals from the sewer
in the street to the street property line of each building lot.
C.
Any habitable buildings constructed in the subdivision
shall have house connections installed and shall have such connections
extended inside the building.
A.
Except as provided in § 143-15C, a subdivision of any tract or parcel of land containing 10 acres or more shall provide public open space for parks and playgrounds or for conservation, in places deemed proper by the Commission, at the proportionate rate of one acre for 25 families. Where a subdivision containing less than 15 acres of land is located less than 1/2 mile from and readily accessible to public open space reserved for such purposes and where there are no brooks, streams or other natural features requiring preservation in open space, the Commission may waive this requirement.
B.
When only a part of such tract is to be developed
immediately and the subdivider shall agree to dedicate an area of
land in the undeveloped portion of such tract equal to the requirements
for open space in the developed portion and shall grant to the Town
an option to accept such dedication when such undeveloped portion
is hereafter subdivided, then the Commission may waive the requirements
for immediate provision of open space in a subdivision which is a
part of a larger tract of land.
C.
Such open spaces shall abut or have direct access
to a public street through a right-of-way dedicated to public use.
The right-of-way shall not be included in the required playground
area, shall be at least 15 feet wide and shall be leveled off in a
manner suitable for foot and vehicle traffic, with a maximum grade
of 12%.
D.
When a property line of a subdivision abuts an existing
public open space, the Commission may require the new public open
space lines to form a continuation of the existing area to provide
a single large unified area.
E.
No required public open space shall abut any Town
boundary line of the Town of Wethersfield.
F.
Required public open space shall be contained in a
rectangle whose average greatest dimension is not more than three
times its lesser dimension wherever possible.
G.
Miscellaneous requirements.
(1)
Any subdivision or resubdivision application which
requires a provision for public or private open space under the terms
of this section shall contain a site improvement plan for such public
or private open space, and such plan shall be subject to the approval
of the Commission.
(2)
Except as otherwise permitted, in writing, by the
Commission, there shall be no depositing, dumping or storage of waste
or other natural or man-made materials, supplies or equipment on any
subdivision land designated as open space. No work nor removal nor
filling shall be done nor shall the existing natural characteristics
of open space land be altered from its original condition until a
site improvement plan, prepared by a competent professional person,
shall have been approved by the Commission.
(3)
Land to be used as public or private open space shall
be left in condition for the purpose intended. Undesirable growth
and debris shall be removed from all such areas. Wooded and brook
areas should be left natural, where appropriate. Open spaces shall
be graded to properly dispose of surface water and shall be seeded
in a manner directed by the Commission.
(4)
Any security deposit or bond for the completion of
work shown on the public utilities and improvement plan shall also
be available for completion of public or private open space requirements
in the event of a default of performance by the subdivider or his
successor.
A.
In addition to land designated by the Commission as parks and playgrounds under § 143-14, a subdivision plan submitted under the Special Residence Zone shall provide additional land dedicated for parks and playgrounds, or conservation in places deemed proper by the Commission.
B.
The purposes of such open space are to provide, through
the design and layout of streets, lots and open spaces:
(1)
Conservation and improvement of natural features and
green areas, including areas along roads, the banks of rivers, streams
and lakes and ridgetops to provide visual barriers to restrict urban
sprawl.
(2)
Provision, in appropriate areas of population concentration,
of areas of land for active recreational use.
(3)
Retention of fish and wildlife refuge areas and nature
observation areas; protection of the quality of water bodies.
(4)
Protection of natural drainageways and floodwater
retention areas.
(5)
The provision of adequate controls to assure the permanence
of open space use in areas so designated, through public acquisition
or by easement or other suitable type of agreement.
C.
Such areas shall contain not less than 10% of the
gross area of the subdivision, and the proposed use thereof, whether
public or private, shall be stipulated on the subdivision plan.
D.
Such area, where approved by the Commission, may be
retained in private ownership, in which case the use of the open space
shall not be prohibited to any residents of the subdivision.
E.
Where private ownership of open space may be approved
by the Commission, such open space along watercourses and water bodies
shall be subject to easements to the Town to permit maintenance to
preserve stormwater flow.
F.
No single area required above shall contain less than
one acre except that where, in the judgment of the Commission, a smaller
area is appropriate to a particular subdivision and provides for the
most desirable subdivision of land.
G.
No subdivision containing a provision for private
open space shall be approved unless restrictive covenants burdening
all the related land in the subdivision have been approved by the
Commission, and the approved subdivision map shall not be released
by the Commission for filing with the Town Clerk unless such approved
restrictive covenants are filed simultaneously with the subdivision
map and unless such restrictive covenants have priority over all other
interests in the land not specifically excused by the Commission.
No privately owned reserved strips will be permitted
which control access to land dedicated to public use or which may
be so dedicated or which limit or control development potential of
or access to private lands.
Due regard shall be given to the preservation
and potential enhancement of existing natural features, large trees,
scenic points and other assets of a community nature.
Where the total of lots under separate ownership
and lots occupied by buildings is greater than 80% of the original
number of lots in a subdivision, no plan of resubdivision that results
in a lot size substantially smaller than the typical lot originally
established shall be approved except by a 2/3 affirmative vote of
the Commission.
