All subdivision applications shall be reviewed in accordance with the standards and criteria set forth in Section 8-25 of the Connecticut General Statutes, as amended. Those standards and criteria include the following:
A. 
The land to be subdivided shall be of such character that it can be used for building purposes without danger to health or the public safety.
B. 
Proper provisions shall be made for water, drainage and sewerage.
C. 
In areas contiguous to brooks, rivers or other bodies of water subject to flooding, proper provisions shall be made for protective flood-control measures.
D. 
The proposed streets shall be in harmony with existing or proposed principal thoroughfares shown in the Plan of Development, especially in regard to safe intersections with such thoroughfares, and shall be so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs.
E. 
The Commission may require the provision of open spaces, parks and playgrounds when and in places deemed proper by the Commission, which open spaces, parks and playgrounds shall be shown on the subdivision plans.
F. 
Proper provisions shall be made for soil erosion and sediment control.
G. 
The Commission encourages energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy and energy conservation.
H. 
The applicant must demonstrate to the Commission that he or she has considered, in developing the subdivision plans, the use of passive solar energy techniques which would not significantly increase the cost of housing to the buyer, after tax credits, subsidies and exemptions. Passive solar energy techniques are site design techniques which maximize solar heat gain, minimize heat loss and provide thermal storage within a building during the heating season and minimize heat gain and provide for natural ventilation during the cooling season. The site design techniques include, but are not limited to:
(1) 
House orientation.
(2) 
Street and lot layout.
(3) 
Vegetation.
(4) 
Natural and man-made topographic features.
(5) 
Protection of solar access within the development.
A. 
The applicant shall be required to demonstrate the availability in each lot of buildable land suitable for a house or other appropriate building, septic system, well, driveway and other necessary structures. The Commission shall not approve any subdivision layout which would result in lots on which the amount, shape or location of the buildable area would result in severe restrictions on the location of necessary structures. In evaluating the buildability of lots, the Commission may refer to the urban development characteristics of soils as described in the Soil Survey for Tolland County, Connecticut, prepared by the United States Department of Agriculture Soil Conservation Service (Series 1961 No. 35). No lot, regardless of size, which is unsuitable for building according to sound engineering practices and minimum Connecticut Public Health Code standards shall be accepted as a building lot on any subdivision plan. Such property shall be included in adjoining lots.
B. 
Land shall not be subdivided in such a way as to produce a remnant parcel or parcels which have dimensions smaller than required for any use permitted under Chapter 214, Zoning, unless such remnant parcels are to be dedicated for public purposes and are accepted for such purposes.
C. 
Side lines of lots shall, insofar as practicable, be either at right angles or radial to street lines.
D. 
Lots with legal frontage but having their primary proposed access through other areas or streets shall have, as an inseparable part of the lot, an access strip at least 50 feet wide at its narrowest point. The frontage requirements shall be consistent with Chapter 214, Zoning.
A. 
Slope is a principal factor in determining the suitability of land for building purposes. In general, the steeper the slope, the less suitable the land is for development purposes. For these reasons, the Commission will evaluate slope conditions in proposed subdivisions in accordance with the following standards:
(1) 
Slopes of 8% or less shall generally be considered to present slight limitations to building development.
(2) 
Slopes greater than 8% but no greater than 15% shall generally be considered to present moderate limitations for building development. The Commission may require special planning, design or maintenance provisions to overcome these limitations.
(3) 
Slopes greater than 15% but no greater than 25% shall generally be considered to pose severe limitations to building development. The applicant shall be required to demonstrate that the use of land having such slopes is necessary for the reasonable use of the property and that proper consideration has been given through special planning and design techniques or otherwise to minimize the effects of these limitations. The Commission may require written confirmation from a licensed professional engineer, geologist or other professionals that the construction of buildings or structures on such slopes can be accomplished without risk to the buildings or structures themselves, the stability of the slopes and the safety and welfare of the potential future owners of the lot or lots on which such slopes are located.
(4) 
Slopes greater than 25% shall be considered generally unsuitable for building development.
(a) 
The Commission shall not allow the creation of lots in such a manner as to require buildings or structures to be located on such slopes unless the applicant is able to establish by clear and convincing evidence to the satisfaction of the Commission that:
[1] 
The development of such slopes is essential to allow the landowner a reasonable use of the property at issue.
[2] 
Such development can be accomplished without risk to the proposed buildings or structures or to the potential future occupants of such buildings or structures.
[3] 
Slope stability can be assured.
[4] 
Such development will not cause detrimental effects on surface water or groundwater flow patterns and drainage.
[5] 
Such development will not otherwise create any risk to the public health or safety.
(b) 
The fact that a particular parcel of land may consist entirely of land having slopes in excess of 25% shall not, in and of itself, be a sufficient reason for the Commission to make a determination that the landowner cannot make reasonable use of the property in the absence of subdivision approval.
(c) 
The Commission shall require written confirmation from appropriate, and appropriately licensed, professionals, such as engineers, geologists, hydrologists or soil scientists, that the development of the property at issue can be accomplished without risk to public health or safety, building and structural stability, slope stability and surface water and groundwater drainage patterns and quality.
B. 
In applying the foregoing standards, the Commission shall consider existing topographic contours, rather than proposed contours. Slope alterations or modifications made subsequent to the adoption of these regulations shall not be considered to reflect existing topography; rather, the Commission shall consider the topography as it existed prior to such alterations or modifications. The purpose of this restriction is to discourage attempts by landowners to avoid, or to minimize the effect of, the operation of this section of the regulations by undertaking extensive or drastic slope modifications or alterations in anticipation of submitting a subdivision application in the future.
In accordance with Chapter 446h of the Connecticut General Statutes,[1] the Commission shall require the applicant to demonstrate that the proposed design and layout of any subdivision minimizes, to the extent practicable, regrading and movement of earth materials. The Commission shall not approve the creation of any lot which, for development purposes, would require the movement of more than 1,000 cubic yards of earth materials unless the applicant can demonstrate to the satisfaction of the Commission that such movement is essential to allow a reasonable use of the subdivision parcel as a whole. Similarly, the Commission shall not approve a subdivision roadway design requiring the movement of more than 600 cubic yards of earth materials over any 100 consecutive linear feet of new roadway unless the applicant can demonstrate to the satisfaction of the Commission that such roadway design is essential to provide reasonable access to the subdivision parcel as a whole.
[1]
Editor's Note: See Connecticut General Statutes Section 22a-314 et seq.
The applicant shall provide a separate erosion and sedimentation control plan in accordance with Chapter 161, Soil Erosion and Sediment Control, and/or other pertinent ordinances or regulations. The applicant may incorporate the information required on the erosion and sedimentation control plans into the master grading and layout plans required by these regulations. The erosion and sedimentation control plans shall incorporate all those requirements of Chapter 161 and provide for positive control at the site throughout the entire period of the construction of the subdivision and through the maintenance period.
A. 
In order to minimize flood damage in new subdivisions and to prevent increased flood hazards to existing buildings caused by filling in portions of the existing floodway, the Commission shall require that portions of proposed subdivisions within the flood-prone areas conform to all applicable Town regulations and ordinances involving flood control.
B. 
In all flood-prone areas the following requirements shall apply:
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed developments containing more than five acres.
C. 
The Commission shall not approve any application for subdivision that would result in the creation of lots whose development would require the placement of fill, structures or buildings in any portion of a floodway.
The subdivision plans shall show the location of all inland wetlands and watercourses on the site. A duly qualified soil scientist retained by the applicant shall determine whether the land proposed for subdivision contains inland wetlands or watercourses and shall inform the Commission appropriately by placing a statement on the subdivision plans. If the land does contain inland wetlands or watercourses, the applicant must submit an application to the Conservation Commission at or prior to the submission of a formal subdivision application. The following statement shall be affixed to all pages of the subdivision plan where it applies:
This parcel contains inland wetlands and/or watercourses. Any activity in or around these areas must be consistent with Connecticut General Statutes Sections 22a-36 through 22a-45 and the Somers Inland Wetlands and Watercourses Regulations, which are presently enforced by the Somers Conservation Commission.
In accordance with the Connecticut Environmental Protection Act,[1] it is the intention of the Commission through these regulations to prevent the unreasonable pollution, impairment or destruction of the natural and historic resources of the Town of Somers, in addition to protecting the public health and safety. Consequently, the Commission shall require each subdivision applicant to demonstrate that the design and layout of the proposed subdivision maximizes the preservation of natural and historic resources such as, but not limited to, large trees, wetlands and watercourses, significant botanical features and communities and wildlife habitat, stone walls and fences, scenic views and historic sites.
[1]
Editor's Note: See Connecticut General Statutes Section 22a-1 et seq.
A. 
Where plant material is to be removed, or where it does not exist, such as in flat open land or in gravel pits or other similar conditions, the applicant shall provide a replanting program to protect public health and to enhance and preserve the environment. At a minimum, each lot shall have one tree for every 50 feet of frontage or fraction thereof. Shade trees or flowering trees may be used. Shade trees shall have a minimum caliper of two to two and one-half (2 1/2) inches. In general, flowering trees shall have a caliper of one and one-half (1 1/2) to two inches, but in no case shall the size be less than the second size above the minimum available plant in common nursery stock. Lots which have existing vegetation may have this vegetation credited toward this requirement on a lot-by-lot basis.
B. 
At the Commission's discretion, the replanting or supplemental planting plan shall include ground cover other than grass, such as shrubs, trees, bushes, etc.
[Amended 6-25-1998; 7-16-1998, effective 7-18-1998; 4-9-2009; effective 4-14-2009; 1-1-2026]
For any subdivision of land under these regulations, the Commission shall require the conveyance and official dedication of appropriately located and sized open space or recreation areas. For the purpose of this section, "open space or recreation areas" shall be defined to include, but not be limited to, areas left in their natural, undisturbed state; agricultural land for which development rights have been assigned or otherwise alienated in perpetuity; areas and facilities for noncommercial, nonprofit recreation; and similar areas for wildlife habitat, passive and active recreation, groundwater recharge, scenic preservation, and the like. In determining the appropriateness of an open space and/or recreation area disposition, the Commission shall consider the Plan of Conservation and Development objectives and map designations and the subject site's characteristics with respect to the following objectives: the conservation and protection of wildlife, wildlife corridors, and natural or scenic resources including lakes, ponds, rivers, streams, streambelts, inland wetlands, aquifers, significant woodlands, ridges, ravines, boulder trains, ledge outcroppings and other unusual physical features; the protection of productive agricultural soil, the protection of historic or archeological sites; the expansion of existing or planned open space, recreational areas, and greenways and the meeting of neighborhood and/or community-wide recreational needs. The Commission reserves the right to select that portion of the proposed subdivision to be dedicated open space, and it may reject or modify any area proposed by the applicant.
Open space subdivisions. The minimum open space to be conveyed within an open space subdivision shall be 40% of the total undivided parcel area. Ponds, streams, wetlands and watercourses should be included in the open space design to the maximum extent possible but excluded from the calculation of the 40%. Settlement basins and transferred rights-of-way shall not be counted towards the minimum area of open space required.
Conventional subdivisions. Except as exempted by statute or otherwise provided in this section, the Planning & Zoning Commission shall require the reservation of open space in any subdivision as a condition of approval of the subdivision. The total area to be reserved for open space use shall be computed as 20% of the total area of the property being subdivided. In the event that the reservation of exactly 20% of the area of land to be subdivided would require the dedication of a piece of land that has impractical and irregular boundaries, or that is otherwise undesirable or impractical to be dedicated for public purposes, the Commission may require a minor reasonable adjustment in the twenty-percent requirement. The Commission may, in its discretion, permit the developer to pay a fee or to pay a fee and transfer land to the Town or dedicate an easement in lieu of land dedication for all or part of the open space, in accordance with the provisions of this section.
A. 
Choice of land or fee.
(1) 
Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, transfer land, or provide a combination of the foregoing, shall be as follows:
(a) 
Action of subdivider. At the time of presentation of a preliminary or proposed final map to the Planning & Zoning Commission, the applicant shall, as part of such presentation, indicate whether (s)he desires to dedicate property for open space purposes or whether (s)he desires to pay a fee and/or transfer land in lieu thereof. If (s)he desires to dedicate land for this purpose, (s)he shall recommend the area thereof on the map as submitted. If the applicant wishes to propose a payment of fee, the applicant and Commission shall first jointly select an appraiser to determine the fair market value of both the total area of land to be subdivided and the land proposed to be transferred. The applicant shall be responsible for all of the appraisal fees and expenses. The fair market value of the land to be transferred, together with any fee to be paid, shall not cumulatively exceed 10% of the fair market value of the land to be subdivided.
(b) 
Action of Commission. At the time of presentation of the preliminary or proposed final map, the Commission shall determine, as part of such presentation, whether to accept the applicant's proposal; to recommend a different combination of dedication, fee and transfer; or to require dedication only. If the dedication of land is required, the Commission shall review the applicant's recommendation and approve, disapprove or modify the proposal.
(c) 
Prerequisites for approval of final subdivision plan. Where open space transfer of land is required, the proposed area to be transferred shall be approved by the Town Planning & Zoning Commission, which shall refer the transfer of the land to the Town Board of Selectmen for appropriate action and its subsequent referral, if desired, to Town Meeting for acceptance. If the Board of Selectmen or Town Meeting refuses acceptance of the land, the Planning & Zoning Commission shall reconsider the application to determine whether another form of compliance with the open space requirements is appropriate. All conditions of approval, including but not limited to covenants for private park and recreational facilities, shall be filed upon the land records of the Town in the office of the Town Clerk by notation on the final approved subdivision plans and filing a notice on the land records of conditions applicable to the subdivision. Where fees in lieu of, or in addition to, open space dedication or land transfer are required, the payment of the same shall be bonded and filed with the Town at the time of the filing of the subdivision performance bond. Where no performance bond is required as a condition of subdivision approval, such fees must be paid upon the sale of each lot and such open space dedicated or land transferred as provided in the Connecticut General Statutes.
(2) 
Determination. Whether the Commission accepts the land dedication for open space, modifies and accepts a proposed dedication (e.g., chooses a different location for the open space) or elects to allow payment of a fee, the transfer of land, or a combination of the foregoing, shall be determined by consideration of all of the following:
(a) 
Existing or planned recreational and other open space facilities of the Town in the geographical area in which the land to be subdivided is located.
(b) 
Recommendations of the Conservation Commission, the Planning and Open Space Trails Subcommittee, the Recreation Commission, or any other commission the Planning & Zoning Commission deems appropriate.
(c) 
Topography, geology, access, location and other natural features of, and existing improvements on, the land in the proposed subdivision available for transfer or dedication for open space.
(d) 
Size and shape of the subdivision and land available for transfer or dedication for open space.
(e) 
The protection or enhancement of the Shenipsit Trail ("Blue Trail") or other trails.
(f) 
The conservation and protection of wildlife and natural or scenic resources.
(g) 
The Plan of Conservation and Development.
(h) 
The Planning and Open Space Trails Subcommittee's Open Space Priority List.
(3) 
The determination of the Commission as to whether land shall be dedicated, a fee shall be charged, land shall be transferred, or a combination thereof, shall be final and conclusive.
B. 
Open space requirements.
(1) 
No more than 50% of any land reserved for surface water runoff detention or retention may be considered for dedication as open space. In most instances, the Commission shall require open space to be dedicated in contiguous tracts containing one acre or more land. However, for small subdivisions (less than ten 10 acres), or in instances in which a desirable public benefit may be gained by the preservation of a portion of the subdivision containing less than one acre, the Commission may require and accept smaller open space areas.
(2) 
Any land dedicated to the Town for public playgrounds or other open spaces shall be graded as necessary to properly dispose of surface water, and areas lacking a vegetative cover shall be seeded with perennial field grass. All brush and debris shall be removed and the land left in condition for the purpose intended.
(3) 
If, in the opinion of the Commission, the needs of the Town will best be served thereby, the Commission may allow an applicant to designate land for open space dedication in a future phase or section of the subdivision or on a nearby tract of land owned or under the control of the applicant. The Commission may grant a developer an open space credit of up to 5% in the event that the property owner has previously donated, to the Town, the full portion of the Shenipsit or "Blue Trail" running through his/her property. At the time of said donation of trail property, the property owner and the Commission may enter into a written agreement regarding the future open space dedication which will be required at the time that the remaining property is subdivided. In such cases, the applicant or owner shall provide appropriate written deeds, easements or covenants for the land to be dedicated upon approval of the subdivision or when dedicated.
C. 
Limitation on use of land and fees. The land and fees received under this section shall be used for the purpose of providing conservation, park, recreational or other appropriate municipal facilities. The disbursement of such fees must be approved by the Commission and must be consistent with the Plan of Conservation and Development. Any required fees shall be paid to the Town prior to the release of any subdivision performance bond.
D. 
Exemption.
(1) 
The open space requirement shall not apply if:
(a) 
The subdivision is exempt from open space dedication as provided in Connecticut General Statutes Section 8-25 or 8-39a.
(2) 
When a subdivision is to be exempted from any open space requirements because the land is to be transferred to a family member as per Section 8-25 of the Connecticut General Statutes, then the following notice is to be added to the final subdivision map as part of the approval:
Notice: This subdivision has been exempted from the open space requirements and the requirements for fees in lieu of open space upon the express condition that all lots in the subdivision will be transferred by the subdivider to persons who are the subdivider's parent, child, brother, sister, grandparent, grandchild, aunt, uncle or first cousin for no consideration. No portion of this subdivision shall be deemed a lot until all of such transfers have been perfected. The Planning & Zoning Commission and the Zoning Enforcement Officer may require reasonable evidence of the relationship of the transferee to the transferor and the fact that the transfer was made for no consideration before any portion of this subdivision will be treated as a lot.
A. 
Where a sanitary sewer is not available to serve the proposed development, the applicant shall provide test and design data acceptable to the Town Sanitarian, indicating the method of on-site sewage disposal for each lot.
B. 
These test and design data shall confirm that each lot would support an on-site sewage disposal system in conformance with the requirements of the current Public Health Code of the State of Connecticut.
C. 
Each subdivision lot plan shall bear the signature of the Town Sanitarian, indicating his or her approval of all lots on the plan for on-site sewage disposal.
D. 
Sewage and septage shall not be allowed to enter the storm sewer system or runoff into wetlands or watercourses.
All developments shall have an adequate and dependable potable water supply for every lot or dwelling unit. Where public water is not available, an on-site supply meeting the Connecticut Public Health Code shall be available.
A. 
The following statement shall be affixed to each subdivision plan:
Neither the approval of this plan nor the review or signing thereof by any Town consulting engineer, commission, board, officer, official, employee, agent or representative shall constitute or be construed as a representation, guaranty or warranty by such consulting engineer, commission, board, officer, official, employee, agent, representative or the Town of Somers as to the chemical content, quantity, quality or potability of any water supply. Any determination concerning the chemical content, quantity, quality or potability of any water supply shall be the sole responsibility of the purchaser or other transferee of the property on which the water supply is located or proposed to be located.
B. 
Contamination. Prior to subdivision approval, in areas of known or suspected groundwater contamination, the applicant shall either provide an approved public water supply system or provide evidence to the satisfaction of the Town Sanitarian that any and all proposed private wells will be free from contamination.
C. 
System extension. When a public water system or an extension of the same is proposed, the applicant must obtain all necessary approvals from the Connecticut Department of Health Services (DOHS), the Department of Public Utility Control (DPUC) and any other relevant agencies.
Notice of subdivision proposals involving land adjacent to or within 500 feet of existing public well fields may be required to be submitted to the Connecticut Department of Health Services (DOHS), the Department of Public Utility Control (DPUC) or other appropriate agencies for review and comment.
All persons submitting a subdivision shall demonstrate to the Commission that they have designed the street, lot layouts and house orientations and used vegetation and natural and man-made topographical features so as to maximize and protect solar access within the development while still observing other provisions of these regulations and respecting the natural limitations of the site.
All driveways shall be designed to comply with Chapter 104, Driveways, and any zoning regulations that are applicable.
No privately owned reserve strips which control access to land dedicated or to be dedicated to public use will be permitted.
Each proposed subdivision shall conform to all applicable requirements, including but not limited to lot frontages, dimensions and areas, in Chapter 214, Zoning.