A.
Definitions to be applied. For the purposes of these Regulations, the terms, phrases and words used in these Regulations shall be construed as defined in this section, and as defined in Article II of the Zoning Regulations, unless the Commission finds that the term, phrase, or word is otherwise clearly qualified by its context.
B.
General terminology. When consistent with the context, the following
rules apply:
(1)
The word "shall" is mandatory.
(2)
The word "may" is permissive.
(3)
Words used in the present tense include the future and vice
versa.
(4)
Words in the singular include the plural and vice versa.
(5)
Words in the masculine include the feminine, neuter and vice
versa.
(6)
The words "parcel," "property," "lot," "plot," and "premises"
have the same meaning.
(7)
The words "zone," "zoning district," and "district" have the
same meaning.
(8)
The words "used for" include "arranged for," "designed for,"
"intended for," "maintained for," or "occupied for."
(9)
The word "person" includes "individual," "corporation," "partnership,"
"limited liability company," "incorporated association" or any other
similar entity.
(10)
The word "or" shall be interpreted to encompass both the inclusive
and exclusive comparison of the associated terms or phrases, (i.e.,
to be equivalent to the common term "and/or,") unless such interpretation
is inconsistent with the obvious intent of the encompassing provision,
or the word "or" is singularly emphasized by using a bold, italicized
font, in which case "or" is to be interpreted in strictly the exclusive
sense. Any use of the term "and/or" does not alter the interpretation
of this subsection.
(11)
The word "including" shall be interpreted to be non-limiting
with respect to its objects thereafter listed; (i.e., to be equivalent
to "including, but not limited to"), unless such interpretation is
inconsistent with the obvious intent of the encompassing provision.
Any use of the phrase "but not limited to," or any variation thereof
intended for similar purpose, in combination with the word "including"
does not alter the interpretation of this subsection.
(12)
Whenever a section number is referenced in these Regulations,
it shall be presumed to reference these Regulations unless some other
document is expressly indicated.
C.
Text to control. In the case of any difference of meaning between
the text of a regulation and any caption, illustration, or table,
the text shall prevail.
D.
Terms not defined. For the purpose of these Regulations, words not
defined in this section shall be interpreted by the Commission so
as to:
(1)
Give them the meaning they may typically have in land use regulation
usage after consulting one or more of the following, where such sources
define terms for relevant and comparable purposes:
(2)
Give them the meaning they have in common usage; or
(3)
Give the regulation, in the sole opinion of the Commission,
its most reasonable application.
As used in this chapter, the following terms shall have the
meanings indicated:
See "principal and accessory related terms."
Any person, firm, partnership or corporation who shall apply
to the Commission for the approval of a subdivision either for him/herself
or as an agent for others.
The contiguous horizontal area of a lot, exclusive of wetlands,
watercourses, special flood hazard areas, land used for streets, highways,
easement for vehicular access, public or private right-of-way for
vehicles, and steep slopes of over 20% as measured over a distance
of 50 or more linear feet.
The diameter of a tree trunk measured five feet from the
top of the root ball.
The Planning and Zoning Commission of the Town of Canton,
Connecticut. Prior to a consolidation of Commissions, the Canton Planning
Commission was responsible for oversight of subdivisions.
A plan prepared after analyzing site analysis plan and site
context map and indicating general lot configuration, potential streets,
open space areas, and other site alterations.
The Conservation Commission of the Town of Canton.
A restriction or encumbrance placed upon a parcel or portion
of a parcel of land which in some way restricts the use of the property
and requires the conservation of certain aspects of the property in
some manner. The actual easement may take several forms, and the terms
of which are subject to Commission review and approval.
An individual road segment that intersects with another road
at one end and is closed at the other end. A cul-de-sac is by definition
a dead-end road.
Any network of one or more road segments which is accessed
through a single point of ingress or egress, regardless of the number
of road names that may be assigned to such network.
 Interconnected cul-de-sac's, interior loops with single
points of ingress/egress
Source: www.guide.saferoutesinfo.org
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An administrative action by the Commission whereby a proposed
subdivision is found to meet, or meets with modifications, the terms
and standards of these Regulations. Lots with final approval may be
offered for sale.
The final plan approved by an affirmative vote of the PZC, and once submitted with all associated necessary supporting documentation (per Articles V and VI), is formally signed and endorsed for filing by the Chairman or Secretary. (For purposes of readability, may also be referred to as "approved final plan;" and any use of the term "approved final plan" shall mean "final plan - approved.")
The map, drawings, all supporting data, materials, and applicable
fees presented as a complete application for subdivision before the
Commission, as required by these Regulations and representing the
formal application for subdivision pursuant to C.G.S. § 8-25.
A building, structure, object, site, or district is considered
historic if: it is associated with events that have made significant
contributions to the broad patterns of local, state, or national history;
it is associated with the lives of people who were significant in
the past; it embodies the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a master,
or that represent a significant entity whose components may lack individual
distinction (such as a neighborhood or village); or it has yielded
or is likely to yield information important in history or prehistory.
A tract of land owned and recorded, and described within
the recorded document, as a separate piece of land. Lots not in existence
prior to the original adoption of the Subdivision Regulations on June
3, 1957 ("lot of record") must be created in accordance with § 8-18
of the Connecticut General Statutes (C.G.S.), "subdivision."
Significant trees, standing singly or in groves, scenic views
and vistas, core forest areas (as identified in the POCD); ecological
resource areas; agricultural lands; water, including ponds, lakes,
brooks, streams, rivers, and cascades; ledges, and large rock outcroppings
or formations ridge lines; visible historic sites or features, such
as stone walls, individual buildings or groupings of buildings, cemeteries,
or similar features.
Lands to be set aside, as provided for in § 8-25
of the C.G.S., for parks, playgrounds, or other open spaces.
A subdivision designed to increase open space and conservation land through the allowance of more flexible residential development pattern, per the standards and process of § 470-305 of the Zoning Regulations.
A plan prepared after analyzing off-site influences and site features and indicating potential streets, lots, open space areas and other site alterations. Preliminary designs, which are required for subdivisions with potential streets and/or four or more lots, are reviewed by Town staff and PZC pursuant to Article IV of these Regulations.
A road permitted in accordance with the Canton Subdivision
Regulations that is subject to a restriction specifying that the road
shall be privately maintained, and is not offered to, accepted or
maintained by the Town of Canton.
All physical improvements on or adjacent to land proposed
for subdivision, regardless of ownership, serving multiple lots and
providing community welfare, health or safety purposes. All such improvements
are subject to the Town of Canton Public Improvement Standards, which
may be modified from time to time.
Any street lawfully accepted by the Town or the State of
Connecticut (any use of the term public road means street).
A lot which has less than the required frontage on a street and of which the buildable area is located generally to the rear of other lots having frontage on the same street as said lot and having access to the street via an access way or a private right of way, per § 470-304D of the Zoning Regulations.
Per § 8-18 of the C.G.S., "resubdivision" means
a change in a map of an approved or recorded subdivision or resubdivision
if such change a) affects any street layout shown on such map, b)
affects any area reserved thereon for public use, or c) diminishes
the size of any lot shown thereon and creates an additional building
lot, if any of the lots shown thereon have been conveyed after the
approval or recording of such map.
An area of higher ground marking or following a ridgetop
or separating two adjacent watersheds.
A plan developed to provide the applicant and the Town with a comprehensive analysis of existing conditions, both on the subject property proposed for subdivision and within proximity of the property boundaries, per Article V of these Regulations.
A plan developed to provide the applicant and the Town with a general overview of conditions surrounding the subject property to better understand resource constraints and opportunities, with details per Article V of these Regulations.
Any way which is an existing town or state highway as defined
by C.G.S. § 14-1, or any way shown as a proposed highway
on a recorded subdivision map duly approved by the Planning Commission
or PZC, which subdivision or portion thereof has not expired or otherwise
been determined to be void. The Canton Public Improvement Standards
guides the design and construction of streets.
The owner of record at the time of filing of an approved
subdivision or resubdivision plan or, at the time of application,
a person holding an option or agreement to purchase land. See also
"applicant."
Per § 8-18 of the Connecticut General Statutes
(C.G.S.), "subdivision" means the division of a tract or parcel of
land into three or more parts or lots made subsequent to the adoption
of subdivision regulations by the commission, for the purpose, whether
immediate or future, of sale or building development expressly excluding
development for municipal, conservation or agricultural purposes,
and includes resubdivision.
The map(s) and plan(s) showing the proposed division of land,
including all elements and details described in § 465-607
of these Regulations.
A change in an approved subdivision or resubdivision plan, inclusive of adjustments or changes to lot lines, which does not meet the definition of "subdivision" per § 8-18 of the C.G.S., but which shall be reviewed by the Commission per § 465-404 of these Regulations.
The Town of Canton, Connecticut.
The standards, details, and other information documented
in the Subdivision Regulations of the Town of Canton, Connecticut,
Adopted May 23, 1983, inclusive of amendments through December 7,
2009; not modified by these regulations (March 12, 2019). The Planning
and Zoning Commission may vary from such Standards as deemed fit thereby
in the interests of the Commission's applicable purposes and
in accordance with sound industry or engineering practices as may
be warranted by individual physical circumstances or conditions at
the proposed site associated with any particular application thereof.
A parcel or contiguous parcels of land in common ownership.
A healthy, well formed, individual tree nine inches or greater
caliper on a proposed lot or within an existing or proposed street
right-of-way, and/or a grove of trees of any size, especially as they
stand along streets or boundaries of existing or proposed lots, that
add scenic character or serve as privacy screens or buffers.
As defined in § 22a-38 of the C.G.S., as may be
amended.
A map or maps containing a lot and site improvement layout and additional information, as required by these Regulations (see Article V), that demonstrates: compliance with the Zoning Schedules of Dimensional Requirements provisions for standard lot size, lot frontage and building setbacks; compliance with all other zoning and subdivision requirements.
The Zoning Regulations of the Town of Canton.
