For the purposes of these regulations, unless
the context clearly indicates to the contrary, words used in the present
tense include the future tense; words used in the singular number
include the plural number and vice versa; the word "shall" is always
mandatory and not merely directory, and the word "may" is permissive;
and the word "herein" means "in these regulations." In the case of
any difference of meaning or implication between the text of these
regulations and any caption, illustration, summary, table or illustrative
matter, the text shall control. The Commission shall make the final
determination as to any question of interpretation of any portion
of these regulations.
As used in these regulations, the following
terms shall have the meanings indicated:
American Association of State Highway Traffic Officials.
The person proposing a subdivision, either for the applicant's
own benefit or as an agent for another.
Any geologic material, including but not limited to rock
(bedrock), sand, gravel and till, capable of yielding usable quantities
of water when penetrated by a well. A "major aquifer" (usually but
not always composed of sand and gravel) is an aquifer believed to
be capable of supplying water to individual wells at sustainable rates
of 50 gallons per minute or more.
Any structure having a roof, supported by columns or walls,
and intended for the shelter, housing or enclosure of persons, animals
or materials. The word "building" shall also refer to any modification,
addition or alteration to an existing building.
The Planning Commission of the Town of Somers, Connecticut.
An easement which perpetually prohibits further development
or use inconsistent with, or harmful to, the enhancement, preservation,
and protection of a defined area for the benefit of fish, wildlife,
plants, or other similar ecosystems, or preserves such areas predominantly
in their natural scenic or open condition; but which may, in the sole
discretion of the Commission, permit recreational and/or agricultural
uses which do not involve significant alteration or development of
the restricted area in a manner which is inconsistent with, or harmful
to, the preservation and protection of the restricted area.
[Added 4-9-2009; effective 4-14-2009]
A dead-end street terminating in a vehicular turnaround area.
When applied to an application for subdivision approval,
the day of the next regularly scheduled meeting of the Commission
immediately following the day of submission of such application, or
35 days after such submission, whichever is sooner.
The person who has or would have the highest or greatest
level of authority in implementing an approved subdivision plan, or
any authorized agent of such person.
Any division of a lot or other tract or parcel of land, regardless
of whether such division constitutes a subdivision or resubdivision
under these regulations.
A right of use over the property of another.
A special flood hazard area or Zone A shown on the most current
Flood Insurance Rate Map (FIRM), as well as any other area subject
to inundation on an average of at least once every 100 years.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one
foot, as shown on the Floodway Map of Somers effective May 1, 1980,
or as subsequently amended, prepared by the Federal Insurance Administration.
A plot or parcel of land having defined and recorded boundaries:
Which was created before the adoption of zoning
regulations in the Town of Somers or which, when created, was of at
least sufficient size to meet the applicable, then-existing minimum
zoning requirements, including but not limited to use, dimensions
and area.
All parts of which are in the same ownership.
Occupied or capable of being occupied by one principal or primary building and the accessory structures or uses customarily incidental to it, including such yards, other open spaces and buffer areas as are required by Chapter 214, Zoning.
Land that is subject to a conservation easement, or other
form of development restriction, including that within an open space
subdivision.
[Added 4-9-2009; effective 4-14-2009]
Any legal entity, including but not limited to a natural
person, partnership, corporation, organization, association or syndicate.
A master plan prepared by the Commission in accordance with
Section 8-23 of the Connecticut General Statutes for the future growth,
protection and development of the Town of Somers. The goals of the
plan include affording adequate facilities for housing, transportation,
comfort, convenience, public health, safety and general welfare for
residents of the Town.
An informal submission of general layout of a proposed subdivision
or resubdivision for consideration by the Commission.
[Added 4-9-2009; effective 4-14-2009]
Any adjustment, change or modification in the location of
any portion of the boundary of a lot or other tract or parcel of land,
regardless of whether such reconfiguration would create a subdivision
or resubdivision under these regulations.
Filed in the land records of the Town of Somers.
Recreational activities that require either:
[Added 4-9-2009; effective 4-14-2009]
[Added 4-9-2009; effective 4-14-2009]
The installation of a building or structure in connection with
a particular recreational activity shall not, in and of itself, cause
the activity to be classified as "active" if the building or structure
was not necessary to allow the activity to occur. For example, the
installation of posts, signs, or water fountains along a hiking trail
will not cause hiking to be deemed an active recreational use.
The Subdivision Regulations as adopted and amended by the
Planning Commission.
A change in a map of an approved or recorded subdivision
or resubdivision, if such change affects any street layout shown on
such map, affects any area reserved thereon for public use or diminishes
the size of any lot shown thereon and creates an additional building
lot, if any of the lots shown thereon have been conveyed after the
approval or recording of such map.
Same as "street."
An individual who is duly qualified in accordance with standards
set by the United States Office of Personnel Management (formerly
the United States Civil Service Commission) and who maintains an office
in the State of Connecticut or who demonstrates familiarity with Connecticut
inland wetlands classifications to the satisfaction of the Commission.
Includes streets, avenues, boulevards, roads, lanes, highways,
places and other thoroughfares, including all land dedicated as a
public right-of-way, which afford a principal means of access to abutting
property and which are dedicated and accepted by the Town or the state
for such purpose.
A street providing direct access to residents on abutting
land and access to the higher order system of streets. "Access streets"
offer the lowest level of service, low design speeds and short trip
routes. Through traffic on these streets is deliberately discouraged.
"Access streets" include stem-and-loop streets and culs-de-sac.
A street intended to move traffic from local streets to primary
or secondary arterials. A "collector street" will generally serve
a neighborhood or large subdivision and should be designed so that
few residential properties have frontage on it.
A street or portion of a street having only one intersection
with another street and having a permanent terminus entirely surrounded
on its frontage by one or more separate lots.
A street or portion of a street having only one intersection
with another street but having a temporary turnaround designed to
be extended into adjoining undeveloped land.
A permanent dead-end street, not exceeding 1,200 feet in
length, serving no more than 14 lots.
A street intended to provide access to other streets from
individual residential properties.
A street intended to move traffic to and from such major
attractors as central business districts, regional shopping centers,
major industrial areas and similar major traffic generators and/or
intended as a route for traffic between communities or large areas.
The distance between property lines reserved for public traffic.
A street intended to collect and distribute traffic in a
manner similar to primary arterials, except that these streets service
minor traffic-generating areas such as community commercial areas,
primary and secondary educational facilities, major recreational areas,
churches and offices, and/or designed to carry traffic from collector
streets to the system of primary arterials.
Anything constructed, erected or assembled which requires
a location on or within the ground or attachment to something having
a location on the ground. The term "structure" includes, but is not
limited to, buildings, manufactured homes, paved areas, storage tanks,
signs, walls (retaining or otherwise), swimming pools, fences and
other man-made utilities and infrastructures but excludes public utility
poles and flagpoles.
The division of a tract or parcel of land into three or more
parts or lots made subsequent to December 12, 1953, for the purpose,
whether immediate or future, of sale or building development, expressly
excluding development for municipal, conservation or agricultural
purposes. The term includes resubdivision.
A subdivision approved in accordance with this section (these
subdivision regulations) and with § 214-141 of the Zoning
regulations as amended.
[Added 4-9-2009; effective 4-14-2009]
Delivery to the office of the Town Planner or to the Commission
at a meeting or hearing. All documents must be physically received
by the office of the Town Planner or by the Commission at a meeting
or hearing in order to be deemed submitted.
The Town of Somers, Tolland County, State of Connecticut.
As applied to any land or building, shall be construed to
include the meaning "intended, arranged or designed to be used or
occupied."
Any rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and other bodies of water, natural or artificial, public
or private, vernal or intermittent, which are contained within, flow
through or border upon the Town, or any portion thereof, not regulated
pursuant to Sections 22a-28 through 22a-35 of the Connecticut General
Statutes, as amended.
BOGSUsually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage and highly acidic conditions.
MARSHESAreas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.
SWAMPSAreas with soils that exhibit aquic moisture regimes and are dominated by wetland trees and shrubs. Red maple is the most characteristic tree of the wooded swamps, with black gum and black ash as frequent associates. A conspicuous shrubby understory of highbush blueberry, spicebush, sweet pepperbush, clammy azalea and other wetland shrubs may be present, and a rich diversity of wildflowers, such as marsh-marigold, skunk-cabbage, jewelweed, violets and cardinal flower, may also be present. Shrub swamps represent another swamp type, where alders, willows, buttonbush and other shrubs can form relatively pure or mixed stands. Occasionally trees may be associated with a shrub swamp. However, a high water table often favors certain shrubs, such as buttonbush, over trees. In swamps, the underlying deposits are often relatively shallow and usually highly organic. Swamps may develop through the gradual invasion of marshes by woody species or directly, as in poorly drained depressions.
For further information, see Inland Wetland
Plants of Connecticut, Niering, W.A. and R. H. Goodwin, The Connecticut
Arboretum, Connecticut College, New London, CT, May 1973.
Any land, including submerged land, not regulated pursuant
to Sections 22a-28 through 22a-35, inclusive, of the Connecticut General
Statutes, as amended, which consists of any of the soil types designated
as poorly drained, very poorly drained, alluvial and floodplain by
the National Cooperative Soils Survey, as may be amended from time
to time, of the Soil Conservation Service of the United States Department
of Agriculture (USDA). Such areas may include filled, graded or excavated
sites which possess an aquic (saturated) soil moisture regime as defined
by the USDA Cooperative Soil Survey.
No subdivision of land shall be made, and no
lot in any proposed subdivision shall be sold or offered for sale,
until a plan for such subdivision has been prepared, approved by the
Commission and filed in the office of the Town Clerk in accordance
with the requirements of these regulations and all relevant Connecticut
statutes.
Notice of any division or reconfiguration of
one or more existing lots or other tracts or parcels of land must
be submitted to the Commission prior to the effective date of such
division or reconfiguration. If the division or reconfiguration would
constitute a subdivision, the procedures set forth in these regulations
for approval of such subdivision must be followed and shall comprise
the required notice. For any division or reconfiguration that would
not result in a subdivision, the notice shall be provided on a form
supplied by the Commission.
