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:
(4) Natural and man-made topographic features.
(5) Protection of solar access within the development.
In accordance with Chapter 446h of the Connecticut
General Statutes, 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.
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.
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:
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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.
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In accordance with the Connecticut Environmental
Protection Act, 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.
[Amended 6-25-1998; 7-16-1998, effective 7-18-1998; 4-9-2009; effective 4-14-2009]
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 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 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 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 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 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:
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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 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.
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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:
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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.
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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.