A.
Before preparing a detailed subdivision or resubdivision
plan for formal presentation to the Commission, potential applicants are encouraged
to submit a preliminary plan to the Commission for informal review. The objective
of this review is to ensure that basic requirements can be met prior to the
potential applicant's incurring application, surveying, engineering or
legal fees associated with submission of a formal application. Preliminary
plans have no official status and review in regard to their feasibility in
no way implies approval of the formal subdivision plan. No fee or application
form is required for review of a preliminary subdivision plan.
B.
Preliminary plan: A preliminary plan should show sufficient
information to enable the Commission to conduct a general review under the
standards of these Regulations. At a minimum, 3 copies of the plan should
be submitted, at a scale no greater than 1" equals 100', showing lots,
easements, roads, open spaces, drainage, contours at 10 foot intervals, utilities,
location map, and other information pertinent to the subdivision. Concept
sketches showing other alternative layouts may also be submitted.
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.
A.
When the Commission finds that extraordinary hardships
or practical difficulties may result from compliance with these Regulations,
the Commission may, by a three-quarters vote of all members of the Commission,
approve waivers to these Regulations, provided that such waivers shall not
conflict with the intent and purposes of these Regulations. The Commission
shall state upon its records the reason for which a waiver is granted in each
case.
B.
The Commission shall not approve a waiver unless it finds
in each specific case that:
(1)
The granting of a waiver will not have a significant
adverse impact on adjacent property or on public health and safety;
(2)
The conditions upon which the request for a waiver are
based are unique to the proposed subdivision for which the waiver is sought
and are not applicable generally to other potential subdivisions;
(3)
The waiver will not create a conflict with the provisions
of the Zoning Regulations, the Plan of Development, Town ordinances, or regulations
of other Town boards and commissions.
C.
A request for any such waiver shall be presented in writing
by the applicant at the time when the subdivision application is first submitted.
The request shall state how the proposed waiver meets the requirements stated
above.
D.
Any waiver granted shall not be a precedent for any future
waiver, and the Commission may attach any reasonable condition to the grant
of the waiver.
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.[1]
A.
The Commission shall transmit copies of maps, plans and
documents to other officials and agencies, such as the following, for advisory
reports and consultation and/or for approval as may be required by law:
(1)
Board of Selectmen: maps and plans, with particular regard
to street design, storm drainage and other utility systems.
(2)
Town Counsel: bonds, easements, deeds and agreements.
(3)
Director of Health or his Agent: sanitation reports,
maps and plans, with particular regard to on-site water supply or sewage disposal
systems.
(4)
State Department of Transportation: maps and plans, with
particular regard to street and utility connections with state highways.
(5)
Zoning Commission: maps with particular regard to lots
and zoning requirements.
(6)
Conservation Commission: maps and plans, with particular
regard to natural features of the site, including conservation elements, water
resources and soils.
(7)
Parks and Recreation Commission: maps, with particular
regard to open spaces for parks and playgrounds.
(8)
Fire Marshal: maps and plans with particular regard to
elements of fire protection and fire fighting resources.
B.
Referral to Gateway Commission: For all subdivisions
within the Connecticut River Gateway Conservation Zone, the Commission may
refer copies of the maps and plans, including the Soil Erosion and Sediment
Control Plan, to the Middlesex County Soil and Water Conservation District
for review and advisory opinion concerning measures for erosion and sediment
control. Such referral may include request for certification of the Soil Erosion
and Sediment Control Plan.
C.
Referral to CRERPA: Any subdivision of land which abuts
or includes land in one or more municipalities as well as Old Saybrook, or
which is located within 500 feet of the boundary or an adjoining municipality,
shall be submitted to the Connecticut River Estuary Regional Planning Agency
and to the office of the Town Clerk of the adjoining municipality for review
in accordance with Chapter 126 of the Connecticut General Statutes. Referrals
shall be made within seven days of the date of receipt of the application.
No hearing shall be conducted unless appropriate referrals have been made.
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.
A.
Prior to endorsement of the plan, the Commission shall require the applicant to post a performance bond to guarantee satisfactory completion of all work shown on the approved plan. The bond shall be in a form and amount with surety acceptable to the Commission and to the Town Counsel. The performance bond must be set and posted for the duration of the five year period for completion of work as required in § 302-21, unless released by vote of the Planning Commission. Should the developer be unable to complete the bonded site improvements in a manner satisfactory to Town requirements, the bond deposited with the Town of Old Saybrook shall be used by the Town to complete the required site improvements.
B.
Measures and facilities specified on the Soil Erosion
and Sediment Control Plan shall be guaranteed by a cash or savings account
bond.
A.
One Mylar and two print copies of the approved subdivision
or resubdivision map shall be delivered to the office of the Planning Commission
within thirty days of a Commission vote to approve the subdivision or resubdivision
application. Such plans shall contain all modifications or stipulations required
by the Commission as part of its approval. All Mylars shall contain the raised
seal and original signature of the engineer and/or surveyor certifying the
plan.
[Amended 4-16-1994]
B.
Endorsement of the plan by the Commission shall not be
executed until all conditions of approval have been met, including posting
of a performance bond and submission of the final corrected plans and executed
legal documents. If the applicant fails to comply with this requirement, the
Commission may declare the approval null and void.
C.
Commission endorsement of plan: Upon receipt of final
plans, executed legal documents, and the posting of any performance bond required
as part of the approval, the Chairman or Secretary of the Commission will
endorse the final plans and shall note on the plans the date of approval and
the date of project expiration. The applicant will then be notified that the
endorsed plans and legal documents are available for recording with the office
of the Town Clerk.
[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.
A.
Any person, firm or corporation making any subdivision
of land shall complete all work in connection with such subdivision within
five years after the date of the vote for approval of the plan for such subdivision.
The Commission's endorsement of approval on the plan shall state the
date on which such five-year period expires. The subdivider or his successor
in interest may apply for and the Commission may grant one or more extensions
of the time to complete all or part of the work in connection with such subdivision,
provided the time for all extensions shall not exceed ten years from the date
the subdivision was approved.
B.
If the Commission grants an extension of an approval, the Commission may condition the approval on a determination of the adequacy of the amount of the bond or other surety required under § 302-17, securing to the municipality the actual completion of work. For purposes of these regulations, "work" is defined in § 302-7. Failure to complete all required work shall result in expiration of subdivision approval. In such event, the Commission shall file on the Land Records notice of such expiration, and no additional lots shall be conveyed by the subdivider except with approval by the Commission of a new application for subdivision of the subject land. If lots have been conveyed during the five-year period, the Town shall call the bond for the subdivision to the extent necessary to complete the bonded improvements and utilities required to serve those lots.
[Amended 4-16-1994]
A.
Before release of any subdivision performance bond, the
following conditions must be met:
(1)
Roads, drainage and other required improvements in the
subdivision shall have been inspected and approved by the Board of Selectmen;
(2)
As-built plans shall have been submitted to the Commission in accordance with Subsection B of this section;
(3)
The applicant shall execute an agreement and file a bond
to guarantee maintenance of and cover unforeseen deficiencies in the required
road, drainage and other subdivision improvements. In the case of improvements
which are not to be offered for acceptance by the Town, the maintenance bond
shall run for a period of one year from the date of such release of filing.
In the case of improvements which are to be offered to the Town, the maintenance
bond shall terminate no earlier than one year after the date of acceptance
of the improvements by the Town. The maintenance bond shall be in a form and
amount as approved by the Commission and Town Counsel, and not less than 5%
of the current cost of the original improvements.
B.
As-built plans: Before the Commission authorizes release of any subdivision performance bond, the applicant shall present construction plans meeting the requirements of Article IV of these regulations showing the streets, drainage, and other improvements, as built, and also showing the location of any underground electric, gas, water and telephone utilities. In lieu of such submission, the applicant's engineer may update and certify the construction plan approved as part of the application.
[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.
