The Planning and Zoning Commission recommends that, prior to submission
of a formal application for approval of a subdivision or resubdivision, the
applicant prepare and present a preliminary plan of the subdivision or resubdivision
for informal consideration by the Commission. Presentation of a preliminary
plan is recommended to facilitate general consideration of factors and problems
affecting development of the land to be subdivided or resubdivided before
the applicant proceeds with formal application and the preparation of final
maps, plans and documents required for formal consideration by the Commission.
If the plan is presented in preliminary rather than in final form, any alterations
or changes recommended by the Commission may be made more readily and economically
by the applicant. Neither the preliminary plan nor the informal consideration
by the Commission, however, shall be deemed to constitute any portion of the
official and formal procedure of applying for and approving subdivisions or
resubdivision of land under the provisions of the General Statutes of the
State of Connecticut.
A. Preliminary plan. The preliminary subdivision or resubdivision plan should be drawn to a scale of not less than 100 feet to the inch and should show existing and proposed property and street lines, proposed lots, existing and proposed drainage, watercourses, ponds, swamps and existing contours from available United States Geological Survey maps or other sources. The Commission recommends that the preliminary plan conform in all respects to the requirements for a site development plan as specified in §
228-12 of these regulations, in order to facilitate the informal consideration by the Commission and in order that the applicant may avoid submission of a site development plan as part of the formal application. Six blue line or black line prints of the preliminary plan should be submitted.
B. Informal action. The Commission may hold an informal
discussion meeting with the applicant. The Commission shall notify the applicant
of the date, time and place of the meeting at which the preliminary plan will
be given informal consideration. Whether or not the Commission meets with
the applicant to discuss the preliminary plan, the Commission shall, within
60 days after receipt of the preliminary plan, advise the applicant of its
informal approval of the plan or of any changes it recommends be made in the
plan, in order to guide the applicant in preparing maps and plans for formal
subdivision or resubdivision application.
In order to apply for approval of a subdivision or resubdivision, and
before the Commission shall formally consider any proposed subdivision, the
applicant proposing the subdivision or resubdivision shall submit an application
and maps, plans and documents as follows:
A. Presentation. All applications, maps, plans, documents
and data required by these regulations shall be submitted to the Planning
and Zoning Commission or its authorized agent. Any such material may also
be transmitted by mail or may be presented to the Chairman or Secretary of
the Commission or at a Commission meeting. Any such material not transmitted
at a Commission meeting shall be considered submitted at the next regularly
scheduled Commission meeting. A schedule of Commission meetings is on file
with the Town Clerk.
B. Application. Application for approval of a subdivision
or resubdivision shall be made to the Commission in writing on forms prescribed
by the Commission and signed by the applicant or his lawful agent; if the
subdivision or resubdivision is proposed by a person, firm or corporation
other than the owner of the land to be subdivided, the application shall also
be signed by the owner or his lawful agent.
C. Application fee. An application fee of $15 for each lot
shown on the subdivision map shall accompany the application, but in any event
the minimum fee for each application shall be not less than $50. All application
fee payments shall be made payable to the Town of Branford.
D. Site development plan. A site development plan shall be submitted with the application and shall conform to all of the requirements of §
228-12 of these regulations. In the event that a preliminary plan, as provided in §
228-8A and meeting the requirements for a site development plan, was submitted to the Commission and was given informal approval or approval with modifications within the previous 120 days, a site development plan need not be submitted with the application.
E. Record subdivision map. A record subdivision map shall be submitted with the application and shall conform to all of the requirements of §
228-13 of these regulations.
F. Construction plans. Plan and profile drawings of all proposed streets, storm drains, sanitary sewers, catch basins, manholes, ditches, watercourses, headwalls, sidewalks, gutters, curbs, bridges, culverts and other structures and improvements required by these regulations shall be submitted with the application and shall conform to all of the requirements of §
228-14 of these regulations.
G. Grading plan. In the event that any major regrading, cuts, fills or soil or rock removal is proposed in the area of the subdivision, a grading plan shall be submitted with the application and shall conform to all of the requirements of §
228-15 of these regulations. At minimum, the grading plan shall cover those areas of the subdivision where proposed changes in elevation exceed five feet.
H. Technical reports. When the subdivision is not to be
served by municipal sanitary sewers and/or public water supply, the applicant
shall have seepage tests taken in locations approved by the Town Engineer
and in accordance with Connecticut State Health Department specifications.
The applicant shall present a written report, prepared by a sanitary or civil
engineer licensed to practice in the State of Connecticut, describing the
tests taken and the results and certifying that the land to be subdivided
and the subdivision plan are satisfactory for private sewage disposal and
or water supply systems.
I. Connecticut State Highway Department permit. Where a
proposed subdivision street or storm drain joins with a state highway, the
applicant shall obtain evidence of application for a permit for such connection
from the Connecticut State Highway Department and shall present a copy of
such evidence of application to the Commission.
J. Public water supply. When public water supply is to be
provided in any subdivision, the applicant shall obtain a letter from the
water company stating that application has been made for water main extension
and service to serve the proposed subdivision, that water company regulations
have been complied with and that satisfactory water supply, pressure and service
are available to serve the proposed subdivision.
K. Floodplain area. Applications for subdivisions to be
located in areas of special flood hazard and involving more than 50 lots or
five acres, whichever is less, shall include base flood elevation data.
After the above application requirements have been met, the Commission
shall follow the procedure hereafter specified:
A. Review. The Commission or its authorized agent shall
give consideration to the proposed subdivision or resubdivision and shall
determine whether the maps and plans and accompanying certificates and documents
conform to the requirements of these regulations. The Commission or its authorized
agent may request the submission of such additional information from the applicant
that it deems necessary to make a reasonable review of the proposed subdivision
in accordance with the policy and requirements of these regulations.
B. Referral to Regional Agency. When a subdivision is proposed,
the area of which will abut or include land in an adjoining municipality,
the Commission shall submit a copy of the maps and plans to the Regional Planning
Agency of South Central Connecticut at least 30 days before approving the
subdivision.
C. Hearing. A public hearing regarding a subdivision application
may be held by the Commission if, in its judgment, the circumstances require
such action. The Commission shall hold a public hearing on any application
for a resubdivision. Notice of any public hearing shall be given not less
than seven days before the date of the hearing by publication of a legal advertisement
once in a newspaper of general circulation in the Town and by sending a copy
thereof by certified mail to the applicant. 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.
The Commission shall notify the applicant of the date, time and place of the
meeting of the Commission at which the final subdivision plan is to be considered
at least three days prior to said meeting. The applicant or his authorized
representative should attend said meeting.
D. Decision.
(1) After the public hearing, if any, or after the meeting
afforded the applicant, the Commission shall give approval to the subdivision
application if it shall find that the subdivision map and plans and accompanying
certificates, documents and data conform to the requirements of these regulations.
Approval shall be conditioned upon the following actions if applicable to
the particular subdivision:
(a) Endorsement of any construction plans and grading plans
as approved by the Town Engineer, if such endorsement has not already been
obtained.
(b) Endorsement of the record subdivision map by the Director
of Health, if such endorsement has not already been obtained.
(c) Presentation of any easements and deeds as specified in Subsection
E below.
(d) Completion of any required subdivision improvements or
the execution of an agreement and posting of a bond to guarantee such completion.
(2) In granting approval, the Commission may attach such
conditions that it deems necessary to modify the subdivision map, plans or
documents and to preserve the purpose and intent of these regulations. The
Commission shall approve, modify and approve or disapprove any subdivision
application or any accompanying map, plan, certificate, document or data submitted
therewith within 60 days after the submission thereof, unless the applicant
consents in writing to an extension of this period. In approving, modifying
and approving, or disapproving an application or accompanying item, the Commission
shall state in its records any conditions of approval, any modifications required
or the grounds for disapproval. Notice of the Commission's decision shall
be published in a newspaper having a substantial circulation in the Town and
addressed by certified mail to the applicant within 10 days after the decision
has been rendered. Such notice shall be a simple statement that the application
was approved, modified and approved or disapproved, together with the date
of such action.
E. Easements and deeds. Any open spaces for parks and playgrounds
to be dedicated to the Town, any easements for sanitary sewers and public
rights-of-way and any easements for storm drainage and watercourses draining
existing or proposed public streets or public streets that may be constructed
in the future shall be confirmed by written easements and deeds describing
the land involved and the privileges of the Town in a form satisfactory to
the Town Counsel. In addition, a title certificate shall be furnished, signed
by a Connecticut attorney, showing that the title to the property covered
above is free of encumbrances which would render the title unmarketable or
would otherwise prevent the use of the property for the purpose for which
it is granted to the Town. The applicant shall also submit a written agreement,
in form satisfactory to Town Counsel, permitting entrance by the Town onto
the land covered by the grants mentioned above, as well as the area of the
streets shown on the subdivision plan, for the purposes of inspection and
of installing the required improvements in the event of the failure of the
applicant to make such improvements or to properly maintain them until the
Town has assumed responsibility for them, and such written agreements shall
provide that the developer, on demand, shall execute and deliver to the Town
a deed to the area of the street or streets shown on the subdivision plan
as approved. Such easements, deeds and agreements shall be presented prior
to endorsement of the record subdivision map.
F. Map endorsement and bond. The Commission may approve
the subdivision and authorize the Chairman and Secretary to endorse the record
subdivision map to permit filing, but such endorsement shall not be executed
until all conditions of approval, if any, have been met. The applicant shall
comply with all such conditions of approval within 90 days of the date of
action of the Commission, failure to do so shall render approval null and
void. The Commission shall not endorse the record subdivision map to permit
filing with the Town Clerk until all conditions of approval have been met,
all required easements and deeds have been presented and all required subdivision
improvements have been completed in accordance with the plans as approved.
In lieu of completion of all or part of required improvements prior to endorsement
of the record subdivision map, the applicant shall execute an agreement and
file a bond with the Commission to guarantee such completion within two years.
The bond shall be in form and amount and with surety acceptable to the Commission
and to the Town Counsel and shall be a surety bond, executed by a surety company
authorized to enter into such bonds in the State of Connecticut. In lieu of
surety bond the Commission may, upon approval of Town Counsel, accept an assigned
savings account passbook or a letter of credit from a recognized financial
institution. As provided in the Town Road Ordinance, no certificate of occupancy
shall be issued for any residence until the subbase and base course phases
of road construction are completed to such extent as to provide access to
such residence.
G. Filing and recording. The endorsed subdivision map, showing
any modifications upon which final approval of the subdivision was contingent,
shall constitute the approved record subdivision map. The date of endorsement
of the record subdivision map shall be noted on the map by the Chairman of
the Commission. Within 90 days after the endorsement of the record subdivision
map, the applicant shall file and record said record map, together with any
related easements and deeds, in the office of the Branford Town Clerk. Filing
and recording fees shall be paid by the applicant.
H. Certificate of compliance. Before release of any subdivision
bond, or before the Commission endorses any subdivision map to permit filing
with the Town Clerk, when no subdivision bond has been posted, the following
shall be completed by the applicant and submitted to the Commission:
(1) The applicant's land surveyor, licensed to practice in
the State of Connecticut, shall certify the installation and precise location
of monuments by noting such monuments and their location on the linen construction
plans and by signing and sealing the plans.
(2) The applicant's land surveyor or engineer, licensed to
practice in the State of Connecticut, shall update the linen construction
plans to show as-built conditions and shall sign and seal said plans, certifying
that all of the required improvements have been completed in the location
and at the elevation shown thereon.
(3) The applicant shall submit a formal request for Town
of Branford acceptance of all streets shown on the record subdivision map;
such request shall be in a form and with accompanying documents as approved
by the Town Counsel.
I. Release of bond. No bond shall be released until the improvements covered by such bond have been inspected by the Town Engineer and the certificates of compliance submitted as provided in Subsection
H. For purposes of maintenance and to cover unforeseen deficiencies, a portion of any subdivision bond shall not be released until one year after completion of required subdivision improvements, and the amount of such portion shall be determined by the Commission with the recommendation of the Town Engineer. The applicant, however, may post a new bond to cover the required portion of the original bond. If no bond has been posted to guarantee completion of improvements, the applicant shall post a one-year bond, meeting requirements of Subsection
F for purposes of maintenance and to cover unforeseen deficiencies.