All applications for subdivision or resubdivision, together with maps, reports, legal documents, and any other information required under Article
IV of these Regulations, shall be submitted by mail or by hand to the Commission at its office in Old Saybrook Town Hall. An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of Article
IV have been received. In order to receive prompt consideration of an application, whenever possible the complete application should be submitted no later than 10 days prior to a regularly scheduled Commission meeting in order to allow sufficient time for staff review, and so that the application may be placed on the agenda of the meeting. Failure to submit a complete application shall be cause for disapproval of an application.
The official date of receipt of an application shall be the date of
the next regularly scheduled meeting of the Commission immediately following
the day of submission of the completed application to the office of the Commission,
or 35 days after submission, whichever is sooner.
When an application for a proposed subdivision involves land regulated
as an inland wetlands or watercourse under the provisions of Chapter 400 of
the Connecticut General Statutes, the applicant shall file an application
for approval by the Inland Wetlands Commission no later than the day the formal
application is submitted to the Planning Commission. The Planning Commission
shall not render a decision on the subdivision application until the Inland
Wetlands Commission has submitted a report with its final decision to the
Planning Commission. In making its decision, the Planning Commission shall
give due consideration to the report of the Inland Wetlands Commission.
A public hearing regarding an application for a subdivision may be held
by the Commission if, in its judgement, the circumstances require such action.
The Commission shall hold a public hearing on any application involving 10
or more lots, and for any resubdivision. Notice of a public hearing shall
be given as required by law. Whether or not a public hearing is held, every
applicant shall be afforded the opportunity to appear before the Commission
to discuss the application before final action by the Commission.
Within 65 days after the close of the public hearing (if any), or within
65 days from the date of acceptance of the application if no public hearing
is held, the Commission, by majority vote of its membership, shall approve,
modify and approve, or disapprove the application for subdivision or resubdivision;
provided, however, that such 65 day period may be extended with the applicant's
consent for not longer than another 65 days. Not withstanding the above, the
Planning Commission shall not render a decision on the application until the
Inland Wetlands Commission has submitted a report with its final decision
to the Planing Commission.
A. Modifications: In approving the application, the Commission
may require modifications of the maps and/or documents submitted as part of
the application, to preserve the purpose and intent and assure conformance
with these Regulations. Such modifications shall be made by the applicant
and submitted for Commission review prior to endorsement of the subdivision
plans, and where appropriate, prior to authorization of construction.
B. Items which must be completed: The following items must
be completed as applicable to a particular subdivision as a condition of approval
of a subdivision application:
(1) Presentation of any conveyance, easements and deeds in accordance with the requirements of §
302-29;
(2) Presentation of a copy of a road construction permit
issued by the Board of Selectmen, and for any subdivision involving construction
of a new street, endorsement of the subdivision plans by the First Selectman;
(3) Establishment of a date when construction of roads, drainage
and other improvements is authorized, such date being subsequent to satisfaction
of all conditions of approval precedent to such construction;
(4) Establishment of a date when construction, roads, drainage
and other improvements shall be completed;
(5) Presentation of a copy of a permit from the Connecticut
Department of Transportation for any proposed street or storm drainage system
which joins with a state highway;
(6) Presentation of a copy of a permit from the Old Saybrook
Inland Wetlands Commission, as may be required under the regulations of such
Commission, for conduct of any activity necessary to complete required streets,
drainage and other subdivision improvements;
(7) Presentation of a copy of a permit from the Commissioner
of the Department of Environmental Protection, as may be required for regulated
activity within a designated tidal wetlands area;
(8) Where the subdivision involves construction of improvements
or excavation, grading or depositing of materials in a Special Flood Hazard
Area, presentation of a flood hazard area permit issued by the Town Engineer
under the Flood Plain Management Ordinance.
(9) Completion of any required road, drainage or other subdivision
improvements in accordance with plans as approved, prior to endorsement of
the subdivision plan, or, in lieu of such completion prior to endorsement,
execution of an agreement and posting of an acceptable security guaranteeing
such completion, and
(10) Installation and maintenance of erosion and sediment
control measures in accordance with the certified Soil Erosion and Sediment
Control Plan.
C. Statement of reasons for decision: In approving, modifying
and approving, or disapproving an application, the Commission shall state
in its records the reasons for its action. The Commission shall give notice
of its decision as required by law.
Any person aggrieved by an official decision of the Commission may file
an appeal to the Superior Court within fifteen days from the date when the
notice of decision was published according to law. The Commission will not
endorse the plan until after the time for taking an appeal from the decision
has elapsed, or in the event of an appeal, promptly upon termination of such
appeal by dismissal, withdrawal or judgement in favor of the applicant.
[Amended 4-16-1994]
The applicant shall file and record the endorsed plans and legal documents,
with the exception of deeds for Town roads, within ninety days of the date
of the expiration of the appeal period or in the case of an appeal, within
ninety days of the termination of such appeal by dismissal, withdrawal or
judgment in favor of the applicant, except that the Commission may, by majority
vote, extend the time for such filing and recording for two additional periods
of ninety days, and approved plans shall remain valid until the expiration
of such extended time. Filing and recording fees shall be paid by the applicant.
All construction and installation of roads, drainage and other improvements
required by these regulations shall not be deemed authorized and shall not
be commenced until:
A. The time for taking an appeal from the action of approval
of the application by the Commission has elapsed, and in the event of an appeal,
termination of such appeal by dismissal, withdrawal or judgment in favor of
the applicant; and
B. The Commission, by resolution, authorizes such construction.
Adoption of such resolution shall signify that the Commission has approved
the application for subdivision and that the Commission finds that the applicant
has met any conditions of approval precedent to such construction.
[Amended 4-16-1994]
Any subsequent change in the geometric configuration of a lot or lots,
including the relocation of lot boundary lines between adjacent lots, which
differs from the approved subdivision map which has been filed and recorded
with the Town Clerk, must be reviewed by the Planning Commission for compliance
with current Zoning and Subdivision Regulations and must be approved by the
Commission. A map showing the revision as approved by the Commission must
be signed by the Commission Chairman and filed by the applicant with the Town
Clerk.