A.
These regulations are prepared to further the purposes set forth
in Chapter 126, Sections 8-18 through 8-30a, of the Connecticut General
Statutes, revised in 1997, and as further amended, and for the promotion
of greater efficiency and economy, the coordinated development of
the Town and the general welfare and prosperity of its people. It
is declared to be the policy of the Marlborough Planning Commission
to consider land subdivision part of the plan for orderly, efficient,
and economical development of the Town as set forth in the Town's
Plan of Conservation and Development and the Comprehensive Zoning
Plan of the Town of Marlborough.
B.
It is further the policy of the Commission to assure that:
(1)
The land shall be of such character that it can be used for
building purposes without danger to health or to the public safety;
(2)
Proper provisions are made for water supply, storm drainage,
sewage disposal and other necessary utility services;
(3)
Proper provisions are made for protective measures in areas
contiguous to watercourses, wetlands or other land prone to flooding;
(4)
Proposed streets will be in harmony with existing or proposed
thoroughfares shown in the Plan of Conservation and Development especially
in regard to safe intersections with such thoroughfares, and so arranged
and of such width as to provide an adequate and convenient system
for present and prospective traffic needs;
(5)
Open space, parks and playgrounds are provided that will preserve
and provide space for recreation and land preservation;
(6)
Proper provisions will be made for soil erosion and sediment
control;
(7)
Energy conservation techniques are considered in the design
of lot layouts, street layouts, house orientation and other site design
techniques;
(8)
Proper provisions are made to protect ground- and surface water
quality.
The Marlborough Zoning Regulations[1] and Highway Construction and Design Standards shall be
considered to be part of these regulations.
The Marlborough Planning Commission is authorized to apply the Open Space Conservation Area Regulations to any site located within a residential zone and is required to review all proposed subdivision or resubdivision applications that would result in the creation of five or more building lots within any five-year period under the provisions of the Open Space Conservation Area Regulations of Article X of these regulations.
A.
Subdivision, resubdivision of land or any sale or offering of such
property shall not be made until an appropriate plan, prepared in
accordance with the requirements of these regulations, has been approved
by the Planning Commission and a Mylar copy signed by the Commission
has been filed in the Office of the Town Clerk.
B.
In addition to such other remedies allowed by law, any person, firm
or corporation making any subdivision of land without the approval
of the Commission shall be fined not more than $500 for each lot sold
or offered for sale or so subdivided. A notice of violation will be
filed on the Marlborough Land Records of each such lot to be removed
only upon approval of a final subdivision plan pursuant to these regulations.
C.
The Commission shall designate an individual(s) who shall serve as
the Enforcement Officer for these regulations. This official is authorized
to inspect any site, order the cessation of any work when conditions
are found to violate these regulations or an approved subdivision
plan and order the remedy of any such condition in addition to any
penalties provided by the C.G.S.
No work of any kind, including but not limited to road construction,
grading, drainage improvements, land clearing and so forth, shall
be commenced on any proposed improvement, which is part of any application
before the Commission, nor shall any permit (including, but not limited
to, building, highway right-of-way, sanitation, and zoning) for any
proposed improvement be issued until the final subdivision plan in
accordance with these regulations has been endorsed and filed in the
Office of the Town Clerk.
A.
The Commission may grant waivers to certain requirements under these
regulations by a three-fourths vote of all the members of the Commission
in cases where conditions exist which affect the subject land and
are not generally applicable to other land in the area, provided that
these regulations specify the conditions of those sections of the
regulations that may be waived, provided that no waiver shall be granted
that would have a significant adverse effect on adjacent property
or on public health and safety and provided that the purpose of these
regulations may be served to a greater extent by an alternative proposal.
The Commission shall state upon its records the reasons for which
a waiver is granted in each case.
B.
A written request for any waiver specifically authorized by these
regulations shall be submitted by the applicant at the time the application
is submitted or prior to the close of the public hearing. The request
shall state the reasons for the request.
