A formal subdivision application shall consist
of the following documents and materials:
A. Five copies of the formal subdivision application
form, completely filled out and signed by both the applicant and property
owner.
B. Five paper prints of the following documents and materials,
which are described in more detail in the following sections of these
regulations:
(1) The final subdivision plans.
(2) A soil erosion and sediment control plan, in accordance with Chapter
161, Soil Erosion and Sediment Control, and/or other pertinent ordinances or regulations.
C. The estimated filing fee or fees, as determined by
current Town ordinance and/or regulation.
If a formal subdivision application involves
any land regulated as an inland wetland or watercourse under the provisions
of Chapter 440 of the Connecticut General Statutes, as amended, the applicant shall submit an application to the Somers Conservation Commission, or to such other agency as may be made responsible for administration of Chapter
211, Inland Wetlands and Watercourses, no later than the day the subdivision application is filed.
When a formal subdivision application involves
land located within the watershed of a water company, the applicant
shall notify the water company no later than seven days after the
date of submission of the application. Such notice shall be sent to
the water company by certified mail, return receipt requested, and
the applicant shall submit a copy of the returned receipt to the Commission.
Whenever a formal application is submitted for
a subdivision of land, the area of which will abut or include land
in another municipality, the Commission shall, before approving the
plan, submit it to the regional planning agency or agencies serving
the Town of Somers and the neighboring municipality. If the regional
planning agency or agencies do not submit a report regarding the proposed
subdivision within 30 days after transmittal by the Commission, the
Commission shall presume that the agency or agencies do not disapprove
of the proposed subdivision.
Within 65 days after the date of receipt of
a formal subdivision application, the Commission shall either render
a decision or commence a public hearing on such application.
A. In the event that an application involves a resubdivision,
a public hearing must be commenced. If an application does not involve
a resubdivision, it shall be within the Commission's discretion whether
or not to commence a public hearing.
B. If a public hearing is to be held, the Commission
shall publish a legal notice of the time and place of such hearing,
the location of the property involved and the number of lots to be
created in a newspaper having general circulation in the Town of Somers
in accordance with Section 8-26 of the Connecticut General Statutes,
as amended. The Commission shall also send notice of any hearing to
the applicant by certified mail, return receipt requested, at least
14 days before the hearing.
C. If the Commission chooses not to hold a public hearing
on a subdivision application, it shall notify the applicant by certified
mail, return receipt requested, at least 14 days before any regular
or special meeting at which a decision is to be made on the application.
D. Copies of all materials submitted in connection with
the subdivision application shall be on file in the office of the
Town Planner for review by the general public.
The applicant shall send by certified mail,
return receipt requested, a notice describing the location of the
property to be subdivided, the number of lots proposed and the date
and time of any public hearing to all current owners of record of
property abutting or within 200 feet of the proposed subdivision no
less than seven days prior to the commencement of any public hearing
or, if a public hearing is not to be held, no later than seven days
after the date of the issuance of the notice by the Commission to
the applicant that a public hearing will not be held. The applicant
shall submit copies of all returned receipts to the Commission.
The Commission shall approve, modify and approve
or disapprove each subdivision application and the maps and plans
submitted therewith. All Commission approvals shall be conditional
upon the applicant making any and all required additions and/or corrections
to the plans and carrying out the following additional steps:
A. Obtaining a performance bond or other security in
an amount and with surety and conditions satisfactory to the Commission
securing to the Town of Somers the actual construction, maintenance
and installation of such improvements and utilities as are approved
within a period to be specified in the bond or other security. Any
bond or other security shall be submitted to the Town Engineer and
Town Attorney for review and comment.
B. Obtaining the Town Sanitarian's signature signifying
that the plans, as approved, are in compliance with State Public Health
Code.
C. Obtaining the Town Engineer's signature signifying
that the plans, as approved, are in general compliance with these
regulations.
D. Preparing prints of the final subdivision plans as
follows:
(1) Two silver emulsion polyester fixed-line film prints
of the final subdivision lot plan and one silver emulsion polyester
fixed-line film print of all other plans accompanied by a completely
filled out checklist.
(2) Any additional or residual filing fees, as determined
by current Town ordinances and/or regulations.
(3) A
disk, CD, or other compatable form containing the final subdivision
lot plan in a format acceptable to the Town to be incorporated into
the Town’s Geographic Information System (GIS).
[Added 12-2-2004; effective 12-5-2004]
In approving or modifying and approving any application for subdivision or the maps or plans submitted therewith, the Commission may make such changes or place such conditions on the approval as it deems necessary or appropriate to further the purposes set forth in §
213-2 of these regulations and to cause the subdivision and the maps and plans submitted therewith to meet or better comply with the general criteria set forth in Article
V and the specific criteria set forth in other relevant sections of these regulations. Such changes and conditions may include, but shall not be limited to, the following:
A. Modifications in lot layouts, dimensions and boundaries.
B. Reductions in the number of lots.
C. Merging of two or more proposed lots.
D. Modifications in proposed street layouts, dimensions,
boundaries and materials.
E. Construction or modification of, or other provision
for, on-site utilities, services and improvements.
F. Provision for additional or alternative public open
spaces, parks or playgrounds.
G. Additions and modifications of sediment and erosion
control plans and measures, including schedules for such activities
and limitations on the amount and area of clearing of vegetation and/or
soil movement that may occur during prescribed periods of time.
H. Preservation or replacement of natural and historic
resources.