Before submitting a proposal for the subdivision
of land, the subdivider shall familiarize himself with these regulations
and with any existing or proposed plans of the Commission or other
Town authorities in the neighborhood of the land to be subdivided
that will have an influence on the street and/or lot layout and the
installation of utilities and storm drainage.
[Amended 6-18-1990]
A proposal for the subdivision of land shall
be submitted to the Commission at any regular meeting of the Commission
and shall include all of the required information, maps, data, application
and fees. The engineering division may receive, for the developer's
convenience and for administration review as to completeness, an application
for subdivision approval prior to the regular Commission meeting,
provided that the date of submission shall be considered to be the
next following regular meeting of the Commission or 35 days after
such submission, whichever is sooner.
[Amended 6-6-2005]
The fee for each application shall be $100 or
$50 per lot, whichever sum is greater.
An applicant with a subdivision involving land
regulated as an inland wetland or watercourse shall file an application
with the Wethersfield Inland Wetlands and Watercourses Commission
within 10 days after filing such application with the Planning and
Zoning Commission. The Planning and Zoning Commission shall give due
consideration to any report filed with it by the Inland Wetlands and
Watercourses Commission prior to rendering a decision on such application.
The Commission may hold a public hearing regarding
any subdivision proposal if, in its judgment, the specific circumstances
require such action. No plan of resubdivision shall be acted upon
by the Commission without a public hearing.
A plan for erosion and sedimentation control
shall contain but not be limited to:
A.
A narrative describing:
(1)
The development.
(2)
The schedule for grading and construction activities,
including:
(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.
(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.
(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.
A.
Where an erosion and sedimentation control plan is
required, no building permits may be issued and no site work may be
started unless and until the erosion and sedimentation control plan
is certified by the Inland Wetlands and Watercourses Commission of
the Town of Wethersfield. Certification shall be based upon compliance
with the principles, minimum standards and methods contained in the
Connecticut Guidelines for Soil and Water Conservation, above, as
judged appropriate by the Inland Wetlands and Watercourses Commission.
That Commission may refer an erosion and sedimentation control plan
to the Hartford County Soil and Water Conservation District for review
prior to acting on a request for certification.
B.
Measures undertaken in accordance with a certified
erosion and sedimentation control plan shall be inspected periodically
during development to assure proper installation and maintenance.
Failure to install or maintain control measures in a manner consistent
with the certified plan shall be grounds for issuance of a cease and
desist order applicable to those construction activities to which
defective or deficient control measures pertain.
A.
A subdivision plan shall contain all of the information required in § 143-41 of Article VI of the Engineering Division of the Town of Wethersfield, except that where all of a parcel of land on an existing street is subdivided into not more than three lots, only the applicable data in § 143-41 of Article VI need be furnished.
B.
A subdivision plan shall be submitted in 20 copies,
blue-line paper prints drawn at a scale of one inch equals 40 feet
on the following sheet sizes: 24 inches by 36 inches, 24 inches by
18 inches or 18 inches by 12 inches. Where more than one sheet is
required, a key map at a scale of one inch equaling not more than
200 feet shall be included on each sheet, with the lots shown on the
40-scale map identified on the key map.
C.
The subdivision plan shall be drawn in ink on 0.003-mil
Mylar or a reproduction of equivalent quality. Two copies shall be
furnished to the Planning and Zoning Commission, at the subdivider's
expense. Affixed to this plan shall be a transparent copy of the letters
of approval from all commissions and boards acting on said subdivision.
D.
Application for approval of a subdivision plan shall
cover all of the land in a tract under one ownership on the effective
date of this regulation.
[Amended 6-18-1990]
A plan-profile map or maps shall be considered a part of the Subdivision Map and shall contain all of the information required in Article VI of the "Design and Construction Standards for Public Improvements" of the Engineering Division of the Town of Wethersfield. Elevations shall be based on an indicated bench mark referencing metropolitan district datum. Plans and profiles shall be drawn at a scale of one inch equals 40 feet horizontally and one inch equals four feet vertically. Said map shall be no longer than 36 inches. The original shall be drawn in ink and a reproducible Mylar supplied to the Town of equivalent quality at the subdivider's expense.
A drainage analysis map based on Coast and Geodetic
Survey (CGS) datum showing the tributary watershed at a scale of one
inch equals 200 feet shall be furnished to the Engineering Division.
A.
No subdivision proposal shall be approved until all
the required plans, maps and data are complete to the satisfaction
of the Commission and Engineering Division.
B.
The Commission shall approve, modify and approve or
disapprove any subdivision application or maps and plans submitted
therewith within 65 days after the public hearing thereon or, if no
public hearing is held, within 65 days after the submission thereof,
unless the applicant shall consent, in writing, to an extension of
such time limit. The Commission shall include in its minutes the reasons
for disapproval of a subdivision plan.
C.
Upon approval of a subdivision plan, the Chairman
or Clerk shall sign the original linen or linens, and the Engineering
Division will procure the necessary copies for the Town at the subdivider's
expense.
[Amended 2-5-1991]
A.
Notice of the decision of the Planning and Zoning
Commission concerning a subdivision application shall be sent to the
applicant by certified mail within 15 days after the decision is rendered.
Within 30 days after the Planning and Zoning Commission approves a
subdivision, the subdivider shall submit to the Engineering Division
two three-mil black line Mylar transparencies of the subdivision map
with affixed transparencies of letters of approval of all Town boards
and commissions having rendered decisions on matters related to the
subdivision and bearing a block for the endorsement and date of endorsement
by the Chairman of the Planning and Zoning Commission. Failure of
the subdivider to submit the two Mylar transparencies of the approved
subdivision map within 30 days of the date of the Commission's approval
shall cause such approval to become null and void.
B.
Upon receipt, the Engineering Division shall submit the Mylar transparencies for endorsement by the Chairman of the Commission. The subdivision map shall be available to the applicant for filing as of the date of endorsement, subject to the fulfillment of the requirements of § 143-31, and shall be considered delivered as of the date of endorsement. As required by the Connecticut General Statutes, approved plans for subdivision must be placed on file in the office of the Town Clerk within 90 days of the date the Mylar transparencies are endorsed by the Chairman of the Commission.
[Amended 2-5-1991]
The Engineering Division shall hold the endorsed
Mylar transparencies of an approved plan of subdivision until the
subdivider submits the following to the Engineering Division:
A.
A warranty deed covering all roads, easements, open
space, etc., to the Town.
B.
A certificate of title for the above.
C.
A letter stating that the subdivider acknowledges
that although the Town may record the deed and take legal title to
the public utility improvements, the recording and acceptance of the
deed will not constitute formal acceptance of these improvements,
which acceptance can only be accomplished by action of the Town Council;
the subdivider will accept a reconveyance of any conveyance if the
Town so elects at any time up to the time of formal acceptance of
the improvements by the Town Council.
D.
A performance bond or bank book (including a signed
withdrawal slip) if building permits are desired.
E.
An executed declaration of restrictions and covenants
covering the private open space, if any, in a form acceptable to the
Commission.
The Planning and Zoning Commission may extend
the time for filing of plans for subdivision for two additional periods
of 90 days, and the plans shall remain valid until the expiration
of such extended time.
A.
The Commission, in order to assure the Town of the
completion of all work and installations required by these regulations,
the public utilities and improvements plan of subdivision, the public
or private open space plan and the stipulations of any subdivision
approval, may require any one of the following methods for securing
completion, or any reasonable combination of them:
(1)
The completion of all or a specified portion of such
work and installation before any lot of a subdivision is sold and
before any building permits are issued. Notice of any requirement
under this subsection will be filed in the land records at the time
the Subdivision Map is filed.
(2)
The deposit with the Finance Director of the Town
of cash or of an assigned savings bank account in the name of the
Town of Wethersfield in an amount to be specified by the Commission
but in no event to exceed 110% of the cost of completing the required
work and installations as estimated by the Engineering Division of
the Town.
(3)
A bond with surety and conditions satisfactory to
the Planning and Zoning Commission and the Director of Public Works
or his designee and the Town Attorney, provided that no bond shall
be acceptable where, by its provisions, any sums would necessarily
be expended by the Town in order to liquidate the amount of any default
that may occur. The terms shall be for a period as specified by the
Commission and may be extended by the Town Planning and Zoning Commission
upon approval of the developer and surety company.
(4)
An assessment method to be secured by lien against
all the real property of the project or such parts as the Commission
specifies.
B.
The Planning and Zoning Commission shall refer the
matter of security for completion of required work and installation
to the Director of Public Works or his designee for his recommendation
and/or comments.
C.
Each security provision in this article shall make
provision for a management fee to be paid to the Town of Wethersfield,
which fee shall be 10% of the cost of completing any required work
or installation after default by the subdivider or his successor.
D.
The Commission shall specify with particularity in
its minutes the details of any security requirements and shall specify
the time or times within which such requirements are to be satisfied.
E.
A performance bond and any cash security deposit filed
pursuant to these regulations shall not be released until the Engineering
Division has certified completion of the public utilities improvements
and applicable public or private open space improvements in substantial
accordance with the requirements of the subdivision approval and the
street or streets and public open space and any required easements
have been legally accepted by the Town. Application for release or
reduction of the security deposit and performance bond shall be made
to the Engineering Division for recommendation and/or advice. A reduction
of any bond or cash security deposit will be allowed only if, after
Engineering Division inspection, the Commission finds that the remaining
security or bond is adequate to cover the then estimated cost of completion,
plus 10% of such cost. In no event shall security delivered to the
Town for completion of public improvements be reduced below 25% of
the amount of the total cost of improvements, as shown on the cost
estimate prepared by the Engineering Division, until acceptance of
the road and all public improvements by the Town Council has been
obtained. The decision on any application for a release or reduction
of a security deposit or bond shall be made by the Commission.
F.
Upon acceptance of the public utility improvements
and release of the bond by the Town Council, the subdivider will post
a maintenance bond with the Town Manager to be in force for a period
of one year. The amount of the maintenance bond will be 10% of the
total cost of the public utilities and improvements, excluding sewer,
water, gas, electricity, telephone and any other similar utility.
G.
The subdivider, if directed by the Town, shall not
install the two-inch dense graded bituminous concrete wearing course
until 80% of the approved lots have received certificates of occupancy.
H.
If the Town so orders, the subdivider shall have the
option of negotiating with the Town for the purpose of having the
Town accept payment in lieu of placing the finished pavement. The
Town would then accept responsibility for the installation of this
pavement.
