A formal subdivision application shall consist of the following documents and materials:
A. 
Five copies of the formal subdivision application form, completely filled out and signed by both the applicant and property owner.
B. 
Five paper prints of the following documents and materials, which are described in more detail in the following sections of these regulations:
(1) 
The final subdivision plans.
(2) 
A soil erosion and sediment control plan, in accordance with Chapter 161, Soil Erosion and Sediment Control, and/or other pertinent ordinances or regulations.
C. 
The estimated filing fee or fees, as determined by current Town ordinance and/or regulation.[1]
[1]
Editor's Note: See Ch. 114, Fees, Art. I, Subdivision Applications.
A. 
Format requirements. The final plans shall be prepared and certified by the appropriate professionals (e.g., engineer or land surveyor), who must be properly licensed, registered and/or certified for such work in the State of Connecticut. The plans shall provide the information noted in this section.
(1) 
The subdivision plan sheet size shall be twenty-four by thirty-six (24 x 36) inches, including borders.
(2) 
Subdivision plans shall be at a scale of one inch equals 40 feet unless the Commission specifically authorizes a different scale. If more than one sheet is required, clearly drawn match lines shall be shown on all sheets. Each lot must be shown in its entirety on at least one sheet. An overall master plan shall also be provided showing the entire proposed subdivision at a suitable scale on one sheet.
(3) 
A title block containing the information specified in § 213-9B(18) of these regulations shall be provided.
(4) 
An approval block shall be placed on each subdivision plan page near the title block, reading:
Town Planning Commission, Somers, Connecticut
Approved on __________________, 19______
Date signed __________________, 19______
This approval shall expire __________________
(5) 
An engineering review signature block shall be placed on each subdivision plan page, reading:
Plan reviewed and found in general compliance with the Somers Subdivision Regulations, as amended and approved by the Town of Somers.
Town Engineering Consultant
Date
(6) 
An approval block for the Town Sanitarian shall be placed on each subdivision plan page, reading:
Approved:
  Town Sanitarian
Date
(7) 
A key map of the entire subdivision containing the information specified in § 213-9B(20) of these regulations shall be the same as that prepared for a preliminary layout, including the depiction of roads, lot lines and wetlands and watercourses.
B. 
General information required:
(1) 
Zoning districts.
(2) 
The names and section numbers of all adjoining recorded subdivisions.
(3) 
Proposed street names and the location of existing and proposed street rights-of-way, including stations, curves, widths, paving and corner cutoffs.
(4) 
Other rights-of-way and easements, including identification, description, location, width and other dimensions necessary for description.
(5) 
Lot number identification by consecutive numbers. Lot numbers shall be circled. If the subdivision is phased, lot numbers shall not be duplicated.
(6) 
House numbers for each lot as assigned by the Assessor (identified in squares). House numbers should be designated before the subdivision plans are approved but after the location(s) of the proposed lots is certain. House numbers must be included in the final plans before they are signed by the Commission.
(7) 
Lot lines with accurate lengths to the nearest hundredth of a foot and angles or bearings to the nearest 10 seconds of arc.
(8) 
Boundary lines of adjoining lots or parcels of land within 200 feet of the boundaries of the proposed subdivision, showing the full extent of each such lot or parcel and the names and mailing addresses of current adjacent landowners, together with the volume and page number of their recorded deeds.
(9) 
Building setback lines with dimensions.
(10) 
Lot and total tract areas in acres and square feet, each to the nearest hundredth.
(11) 
Lot and total tract areas, minus the areas of wetlands, watercourses, flood-prone areas and slopes greater than 25%, in acres and square feet, each to the nearest hundredth.
(12) 
A description of proposed uses for any portions of the subdivision not to be incorporated in a lot or lots, including a note where an offer of dedication is being made.
(13) 
Existing and proposed public trails across the land.
(14) 
Boundary lines with accurate dimensions to the nearest hundredth of a foot and angles or bearings to the nearest 10 seconds of arc, certified to Class A-2 accuracy.
(15) 
Special flood hazard areas and floodways.
(16) 
Inland wetlands and watercourses as flagged by a certified soils scientist. The soil scientist who flagged the wetlands and watercourses shall sign the plans on which they are delineated.
(17) 
A proposed construction schedule indicating the work to be done in each phase of the subdivision and the length of time expected to complete such work.
(18) 
The location of any portion of the Somers Town boundary line that is within 500 feet of any portion of the property to be subdivided.
(19) 
Locations of public wells within 2,000 feet of the site, inland wetlands and watercourses, flood-prone areas, exposed bedrock (ledge), slopes over 25% and major aquifers.
(20) 
Name(s) and address(es) of the applicant, developer and owner.
C. 
The applicant may be required by the Commission to submit additional information in order to demonstrate the feasibility and prudence of the proposed road and lot layout and storm sewer pattern.
D. 
Survey data requirements:
(1) 
Survey tie-ins with measured angles and distances to two established street monuments, Town boundary monuments and state highway monuments which are within 1,000 feet of the tract boundary. Use of the State Plane Coordinate System is encouraged.
(2) 
Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs. Special survey data may be required to ensure reproducibility.
(3) 
Accurate dimensions, with lengths to the nearest hundredth of a foot and angles or bearings to the nearest 10 seconds of arc.
(4) 
Existing and proposed monuments and iron pins with a legend on the subdivision plans.
E. 
Topography plan. Even if a preliminary topography plan was submitted by the developer, a final plan shall be prepared, clearly showing all physical site features, including contours, roads, streams, buildings, ponds, vegetation, inland wetlands and existing utilities. Utility information shall include size, type, location and top-of-frame and invert elevations.
(1) 
The plan shall be at a scale of one inch equals 40 feet. If a preliminary plan is not prepared, a plan at a scale of one inch equals 100 feet will also be required if more than one sheet is required to cover the property.
(2) 
The topographic information shall be prepared either by an on-the-ground survey or by photogrammetric methods, supplemented as necessary by ground measurements, certified Class A-2. Contours shall be at one-foot intervals for ground up to a five-percent slope, at two-foot intervals for ground up to twenty-five-percent slope and at five-foot intervals for ground over a twenty-five-percent slope. The surveyor shall demonstrate that photogrammetric methods give acceptable accuracy, especially where there is obscuring ground cover.
F. 
Master grading and layout plan.
(1) 
A master grading and layout plan shall be submitted, showing the physical changes to be made at the site. This plan shall include, but not necessarily be limited to, the following:
(a) 
Existing and proposed contours, both within a roadway and on the lots.
(b) 
Typical house shape and location on each lot.
(c) 
Driveway location and grade, including intercepting drains and swales conforming to Chapter 104, Driveways.
(d) 
Typical on-site sewage disposal system location, showing primary and reserve fields appropriately sized for each lot and a well site or public water source.
(e) 
Drainage swales and underdrain grades and location with any easements to be retained for maintenance and protection.
(f) 
House first floor and garage elevations.
(g) 
Property line fences or walls and retaining walls, including special structural design if needed.
(h) 
Replacement of trees and ground surface vegetation.
(i) 
Slope easements.
(2) 
It is the purpose of this master grading and layout plan to serve as a construction plan for the grading within the roadway and as a model for the eventual preparation of a building permit plot plan. It is the intent of these regulations to maximize preservation of site features, especially vegetation. In order to minimize erosion and sedimentation and the alteration of surface drainage patterns, the Commission may modify the plan to limit the grading, movement or removal of earth, topsoil or trees.
(3) 
The grading and layout plan shall clearly show free drainage along the ground surface. Where necessary, local lot drains shall be provided to prevent flooding or ponding and to protect house foundations. Where curtain or footing drains are likely to be necessary, the plan shall show the areas to be reserved for such drainage. Due care shall be taken to follow the approved erosion and sedimentation control plan.
G. 
Sanitary waste disposal system data.
(1) 
The sanitary waste disposal system shall comply with all Connecticut Department of Health Services, Department of Environmental Protection and Town regulations.
(2) 
A minimum of one percolation test and two test pits shall be required on each proposed building lot at the approximate location and elevation of the proposed leaching system. If conditions indicate the need, additional tests may be required.
(3) 
All test pits and percolation tests, including results and observation dates, shall be numbered and located on both the subdivision plan and the final topographic grading plans, as shown on Plate Number 1.
(4) 
Systems which require engineered design shall be clearly marked on the final subdivision plans. A note shall be placed on each lot of the record plans for which an engineer's design is required stating "Based upon soil data available as of the testing date for this lot, this lot will require a septic system designed by a Connecticut registered engineer."
(5) 
All soil tests for sanitary waste disposal systems, including percolation and test pits, shall be performed by the developer's engineer under the supervision of the Town Sanitarian. The developer's engineer shall contact the Town Sanitarian at least 10 business days prior to making such tests.
(6) 
The Town Sanitarian, at his discretion, may limit the time of year when percolation tests and test pits may be taken. In general, it is preferable that these tests be taken at a time when the groundwater is likely to be at or near its highest level. The Town Sanitarian may limit such testing to the period from February 15 to May 15 if he or she determines that the groundwater is most likely to be at or near its highest level during that period.
(7) 
A site condition plan shall be provided, showing inland wetlands, flood-prone areas, floodways, steep slopes (those slopes greater than or equal to 15% and, separately, those slopes greater than or equal to 25%), shallow bedrock (less than four-foot overburden), and streams, rivers, lakes, ponds and other watercourses.
(8) 
A soils overlay map shall be provided for the subject property and surrounding land within 200 feet.
H. 
Utility plan and profile. Plan and profile drawing requirements are as follows:
(1) 
Drawings shall be on standard plan-profile paper cut to a maximum sheet size of 24 inches in height and 36 inches in length, with the following scale:
(a) 
Horizontal: one inch equals 40 feet.
(b) 
Vertical: one inch equals four feet.
(2) 
All drawings shall show the existing ground, the center line stationing of the street, the proposed profile of the street, stations and elevations of all vertical control points and stations and elevations of vertical curve high points and low points, as well as elevations at fifty-foot stations. In addition, the profile drawings shall show the complete proposed street storm drainage pipes, sanitary sewers and structures, including invert and top-of-frame elevations. The center line profiles of any existing streets to which the subdivision streets would connect shall be shown on a profile drawing for a distance of 300 feet beyond the end of the proposed road. Plans shall show proposed water, gas, electric, telephone and cable television lines and streetlights.
(3) 
The plan shall show the outline and dimensions of all street and public and private rights-of-way and easements. Lot numbers and, following subdivision approval, house numbers shall be marked.
(4) 
A bench mark referred to a USC&GS or USGS datum shall be shown on each plan-profile sheet. It is preferable that the bench marks be set at not more than one-thousand-foot horizontal intervals and not more than a fifty-foot difference in elevation. All bench marks shall be set on items of a durable nature.
A. 
The official date of receipt of a formal subdivision application shall be the day of the next regularly scheduled meeting of the Commission immediately following the day of submission of the application or 35 days after such submission, whichever is sooner. Regardless of the official date of receipt of the application, the Commission need not, and ordinarily shall not, place the application for discussion purposes on the Commission's agenda for any regular meeting unless the application is submitted to the office of the Town Planner 10 or more business days prior to such meeting. However, the Commission may, in its discretion, schedule an application for discussion and/or action at any regular or special meeting.
B. 
The Commission shall not review or consider any matter for preapplication review (§§ 213-7 and 213-8), informal subdivision review (§ 213-9) or formal application decision (§§ 213-10 and 213-11) if there is a pending court appeal of a Commission ruling for the same property.
If a formal subdivision application involves any land regulated as an inland wetland or watercourse under the provisions of Chapter 440 of the Connecticut General Statutes, as amended,[1] the applicant shall submit an application to the Somers Conservation Commission, or to such other agency as may be made responsible for administration of Chapter 211, Inland Wetlands and Watercourses, no later than the day the subdivision application is filed.
[1]
Editor's Note: See Connecticut General Statutes Section 22a-28 et seq.
When a formal subdivision application involves land located within the watershed of a water company, the applicant shall notify the water company no later than seven days after the date of submission of the application. Such notice shall be sent to the water company by certified mail, return receipt requested, and the applicant shall submit a copy of the returned receipt to the Commission.
Whenever a formal application is submitted for a subdivision of land, the area of which will abut or include land in another municipality, the Commission shall, before approving the plan, submit it to the regional planning agency or agencies serving the Town of Somers and the neighboring municipality. If the regional planning agency or agencies do not submit a report regarding the proposed subdivision within 30 days after transmittal by the Commission, the Commission shall presume that the agency or agencies do not disapprove of the proposed subdivision.
A. 
The Commission shall notify the clerk of any adjoining municipality of the pendency of any formal application for a subdivision on any site in which:
(1) 
Any portion of the property proposed for subdivision is located within 500 feet of the boundary of the adjoining municipality;
(2) 
A significant portion of the traffic to the subdivision, if approved, would use streets within the adjoining municipality to enter or exit the site;
(3) 
A significant portion of the sewer or water drainage from the subdivision, if approved, would flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
(4) 
Water runoff from the subdivision, if approved, would impact streets or other municipal or private property within the adjoining municipality.
B. 
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application. No hearing may be conducted on any application unless the adjoining municipality has received the notice required under this section. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application. The requirements of this section are based upon Section 8-26f of the Connecticut General Statutes. If that statute is amended, the provisions of this section shall be deemed to have been amended accordingly. If that statute is repealed, the requirements of this section shall no longer apply.
Within 65 days after the date of receipt of a formal subdivision application, the Commission shall either render a decision or commence a public hearing on such application.
A. 
In the event that an application involves a resubdivision, a public hearing must be commenced. If an application does not involve a resubdivision, it shall be within the Commission's discretion whether or not to commence a public hearing.
B. 
If a public hearing is to be held, the Commission shall publish a legal notice of the time and place of such hearing, the location of the property involved and the number of lots to be created in a newspaper having general circulation in the Town of Somers in accordance with Section 8-26 of the Connecticut General Statutes, as amended. The Commission shall also send notice of any hearing to the applicant by certified mail, return receipt requested, at least 14 days before the hearing.
C. 
If the Commission chooses not to hold a public hearing on a subdivision application, it shall notify the applicant by certified mail, return receipt requested, at least 14 days before any regular or special meeting at which a decision is to be made on the application.
D. 
Copies of all materials submitted in connection with the subdivision application shall be on file in the office of the Town Planner for review by the general public.
The applicant shall send by certified mail, return receipt requested, a notice describing the location of the property to be subdivided, the number of lots proposed and the date and time of any public hearing to all current owners of record of property abutting or within 200 feet of the proposed subdivision no less than seven days prior to the commencement of any public hearing or, if a public hearing is not to be held, no later than seven days after the date of the issuance of the notice by the Commission to the applicant that a public hearing will not be held. The applicant shall submit copies of all returned receipts to the Commission.
The Commission shall approve, modify and approve or disapprove each subdivision application and the maps and plans submitted therewith. All Commission approvals shall be conditional upon the applicant making any and all required additions and/or corrections to the plans and carrying out the following additional steps:
A. 
Obtaining a performance bond or other security in an amount and with surety and conditions satisfactory to the Commission securing to the Town of Somers the actual construction, maintenance and installation of such improvements and utilities as are approved within a period to be specified in the bond or other security. Any bond or other security shall be submitted to the Town Engineer and Town Attorney for review and comment.
B. 
Obtaining the Town Sanitarian's signature signifying that the plans, as approved, are in compliance with State Public Health Code.
C. 
Obtaining the Town Engineer's signature signifying that the plans, as approved, are in general compliance with these regulations.
D. 
Preparing prints of the final subdivision plans as follows:
(1) 
Two silver emulsion polyester fixed-line film prints of the final subdivision lot plan and one silver emulsion polyester fixed-line film print of all other plans accompanied by a completely filled out checklist.[1]
[1]
Editor's Note: The checklist is available at the office of the Town Planner.
(2) 
Any additional or residual filing fees, as determined by current Town ordinances and/or regulations.[2]
[2]
Editor's Note: See Ch. 114, Fees, Art. I, Subdivision Applications.
(3) 
A disk, CD, or other compatable form containing the final subdivision lot plan in a format acceptable to the Town to be incorporated into the Town’s Geographic Information System (GIS).
[Added 12-2-2004; effective 12-5-2004]
In approving or modifying and approving any application for subdivision or the maps or plans submitted therewith, the Commission may make such changes or place such conditions on the approval as it deems necessary or appropriate to further the purposes set forth in § 213-2 of these regulations and to cause the subdivision and the maps and plans submitted therewith to meet or better comply with the general criteria set forth in Article V and the specific criteria set forth in other relevant sections of these regulations. Such changes and conditions may include, but shall not be limited to, the following:
A. 
Modifications in lot layouts, dimensions and boundaries.
B. 
Reductions in the number of lots.
C. 
Merging of two or more proposed lots.
D. 
Modifications in proposed street layouts, dimensions, boundaries and materials.
E. 
Construction or modification of, or other provision for, on-site utilities, services and improvements.
F. 
Provision for additional or alternative public open spaces, parks or playgrounds.
G. 
Additions and modifications of sediment and erosion control plans and measures, including schedules for such activities and limitations on the amount and area of clearing of vegetation and/or soil movement that may occur during prescribed periods of time.
H. 
Preservation or replacement of natural and historic resources.