A.
An application for subdivision or resubdivision shall not be accepted for consideration and action until the Commission has verified that all data required by these regulations has been submitted in proper form. Data necessary for consideration is listed in § 230-9A to L(11). Further data necessary for approval is listed in § 230-9L(12) to S.
B.
A determination by the Commission that a pending application is deficient
in prescribed data shall be cause for nonconsideration of the application.
In the event of nonconsideration, the Commission shall state its reasons
in writing and refund the application fee.
A.
No land clearing, regrading, excavation, or construction of facilities
which may affect the arrangement of streets or lots shall be done
on a proposed subdivision site until the final subdivision plan has
been approved by the Commission. The installation of test pits and
necessary clearing for surveying shall be exceptions to this rule.
B.
Any unauthorized site work commenced after submission of a subdivision
plan shall be considered cause for immediate denial.
A.
To provide helpful guidelines to applicants, informal discussion
of subdivision plans is strongly recommended.
B.
It is suggested that each applicant submit for advance review by
the Commission a preliminary subdivision proposal. Such preliminary
proposal shall be a tentative proposal only, for the sole purpose
of clarifying and guiding the design of the subdivision plan to be
later submitted as an application.
C.
The Commission recommends that the preliminary proposal be based
on an accurate survey of the property, at a scale suitable for the
eventual subdivision plan, and prepared by a registered engineer or
land surveyor. The following data should be shown in map form or included
at the same scale as attachments:
(1)
Map showing the location of the subdivision in the Town.
(2)
Scale of plan, compass points, and names and addresses of owner(s),
developer, engineer and surveyor. Reference by note to previous subdivision
plans or survey maps filed in Town land records, by file map number
and file date.
(3)
Tentative layout of lots, with lot numbers, area of each lot and
parcel in acres, and total acreage of subdivision.
(4)
Accurate boundaries of the property; the approximate area, dimensions
and location of all other land belonging to the owner or developer
located adjacent to and across the street from the proposed subdivision;
the names of the owners of record of adjacent properties and properties
across the road; and any easements, deed restrictions, rights-of-way
and other limitations affecting the property.
(5)
Location and names of existing roads, location and layout of all
proposed roads, and their relation to recommended roads shown on the
Town Plan of Development and the Weston Roads Analysis.
(6)
Proposed open space reservations.
(7)
A general plan for proposed storm drainage and retention facilities.
The following materials shall be submitted with the application
for the application to be considered by the Commission:
A.
An application form, furnished by the Commission, properly completed
and signed by the owner(s) of the property. If the owner(s) is to
be represented by others, a letter authorizing such representation,
signed by the owner(s), shall accompany the application.
B.
The fee for each application as prescribed by the General Statutes,
payable to the Town of Weston.
C.
For all subdivision applications which will require a public hearing (see § 230-11D), a list of the correct names and addresses of all owners of record of adjacent properties and properties across the road(s), with the stamped addressed envelopes to be sent to them.
D.
Map of natural features and existing site conditions, prepared by
a professional engineer or surveyor, at a scale identical to the proposed
subdivision plan, delineating the following information where applicable:
(1)
Topography from field, aerial or partial survey referenced to the
aerial survey maps prepared for the Town of Weston dated September
1981, at a contour interval of five feet or less, except at contour
intervals of two feet where said land lies within wetlands or floodplains.
(2)
Drainage basin divides, locating the watersheds of all perennial
streams and all significant intermittent streams and drainage courses,
and including on-site survey locations of all wetland boundaries.
(3)
Floodplains, showing the boundaries of the floodway and the boundaries
of the one-hundred-year flood hazard area, as mapped for the Town's
flood insurance program. The extent of any disagreement between the
aerial survey maps prepared for the Town of Weston dated September
1981 and the federal flood map data, as amended, should be identified.
(4)
Stratified drift aquifers underlying the site; see the Water Resources
Inventory of Connecticut No. 4, Southwestern Coastal River Basins.
(5)
Protection zones and critical planning units, as such areas are designated
in the Weston Environmental Resources Manual.
(6)
Property boundaries of the site, and streams, ponds, marshes, ledges,
trails, roads, driveways, stone walls, fence lines, dams, buildings
and other structures, wells and septic systems, drainage pipes and
structures, and any area, structure or feature designated by the Conservation
Commission or the Historic District Commission for special protection.
(7)
A locus accurately drawn to determine the location of the subdivision
in the Town.
(8)
Areas adjacent to a proposed subdivision shall be mapped within 200
feet of the boundaries of a site smaller than 10 acres, within 300
feet of a site between 10 and 25 acres, and within 500 feet of a larger
site. Data to be included, where available, shall include ponds, wetlands,
floodplains, streams, well fields, septic areas, roads, driveways,
and constructed drainage systems (noting pipe sizes). Data shall be
compiled from available Town and Westport-Weston Health District maps.
A note on the map shall identify this data as having been compiled
from other maps and not from direct survey.
E.
Written report from developer on suitability of proposed sewage disposal
systems for each lot, including written recommendations of the District
Health Director.
[Amended 3-16-1987]
F.
Construction plans for new roads, changes in existing roads, construction
or reconstruction of drainage systems or other structures.
(1)
The design of roadways, drainage systems, structures and other constructed
facilities shall conform to all requirements of the Standard Specifications
for Subdivision Road Construction and of these regulations.
(2)
In addition to meeting the requirements of § 230-10, the construction plan shall show the accurate location, layout and necessary construction details of the following:
(a)
Proposed new roads and reconstruction of existing roads.
[1]
A coordinated plan map and profile drawing shall show existing
topography (two-foot contour intervals or less), right-of-way dimensions,
proposed roadway center-line elevations with stations every 50 feet,
proposed pavement area, necessary horizontal and vertical curve data,
sight lines, and percent grade on all finished surfaces.
[2]
Proposed pedestrian walkways, bus stop areas, driveway aprons,
and utility facilities shall be shown.
(b)
Plan-profile maps shall also show the entire proposed drainage
system, including drainage easements, curbs, porous shoulders, ditches
and swales, catch basins, manholes, culverts, pipes, discharge channels,
weirs, retention basins and the like, with notes identifying all drainageway
slopes, pipe sizes, spillway and invert elevations.
(c)
Typical cross sections of all roads and open drainage channels,
showing construction details of subbase, base and top course and methods
of stabilizing all slopes. Individual cross sections showing center
line, paved area, shoulders, curbs, drainageways, top and toe of all
slopes, pipes and other structures, pedestrianways (if any), rights-of-way
and slope easement boundary areas shall be provided at stations every
100 feet or less wherever linear grades exceed 5% or wherever cuts
or fills exceed the right-of-way or require retaining structures.
(d)
Detailed plans for construction at proposed intersections with existing roads, including existing and proposed grades, curblines, center lines, right-of-way area on both sides of road, required sight lines, paved area and all data specified in Subsection F(2)(a) through (c) above. Plan area shall include all of the existing road within required sight line distances.
(e)
Detailed drawings indicating dimensions, types of materials
and construction details for all proposed structures and constructed
facilities (wherever planned or required), including bridges, culverts,
retaining walls, drainage swales, retention basins, ponds, dams and
spillways, sidewalks, curbs, manholes and catch basins, fences and
guide rails, fire hydrants, shelters, utility stations, water and
sewer systems, signs and streetlights.
(f)
Proposed water supply and sanitary sewer systems.
G.
Erosion control and stormwater retention plan showing all areas of earth disturbance, reconstructed land contours, and measures to be carried out to implement the requirements of § 230-22, together with required engineer's report and runoff calculations. Planned control measures to achieve zero increase in volume and rate of peak storm runoff, to minimize erosion and siltation during construction, and to prevent long-term soil erosion and deposition of sediment in watercourses, wetlands and other low lands (in accordance with the Inland Wetland Regulations) shall be noted.
H.
A statement to the effect that stakes have been accurately placed
in the field to assist the Commission's on-site inspection, marked
as follows:
(1)
Orange, with station numbers, every 50 feet along the center line
of proposed roads and common driveways;
(2)
Blue, at corners of proposed septic and reserve areas;
(3)
Yellow, with lot number marking approximate house site location;
and
(4)
If requested by the Commission, red, marking edges of wetlands, floodplains
or other areas of concern.
I.
Written authority for the Commission or its agents to walk the property
for purposes of inspection.
J.
Confirmation of applications to the Conservation Commission, Zoning
Board of Appeals, Westport-Weston Health District, and for public
utility service authorizations.
K.
For all subdivision plans proposing construction in or disturbance of land with special natural characteristics for development (§ 230-13), a lot development plan showing where such activity is proposed and what kind of activity is proposed.
L.
Subdivision plan map showing:
(1)
The name of the subdivision and the full extent of all lots and other
parcels composing the subdivision tract, with accurate distances and
bearings of all boundary lines and proposed lot lines, and the area
of each separate lot or parcel, in acres (nearest hundredth).
(2)
The subdivision plan map shall show the approximate area, dimensions,
and location of all other land completely or partially owned by either
the applicant, the developer or the owner of the area proposed for
subdivision located contiguous to or across the street from the proposed
subdivision.
[Amended 11-12-1987]
(3)
Existing structures and significant natural or man-made features, where such items have not been presented on a map of natural features. Structures and features to be mapped shall include those which are proposed to remain on the subdivision tract and those within the stipulated distances in Subsection D(8), the latter to be compiled from Town and Westport-Weston Health District maps and not by direct survey.
(4)
The names, location and layout of existing and proposed roads, with
their relationship to the Town Plan of Development and the Weston
Roads Analysis, and easements and rights-of-way with notes as to their
purpose. Accurate distances and bearings, arc lengths and radii of
all curves shall be included.
(5)
Location and acreage of proposed open space parcels.
(6)
Minimum rectangle establishing required lot width, depth and building
area, and minimum road frontage stated as a total dimension from its
component segments, each in full conformity with the Town Zoning Regulations.
(7)
Proposed wetland and slope encroachment lines and boundaries of other
areas to be excluded from development.
(8)
Proposed location for driveway for each lot.
(9)
A note providing that all electric and telephone lines shall be placed
underground.
(10)
Notes and references which specifically describe:
(a)
Previous subdivisions or survey map(s) filed in the Town land
records, by map file number and date.
(b)
Zoning districts, if any (with boundaries shown if they intersect
property).
(c)
Existing deed restrictions, easements, covenants and other legal
limitations affecting all of the property or any portions thereof
as delineated on the plan map and filed in the land records.
(11)
Map showing the location of the subdivision in the Town.
The following items are necessary for approval but need not
accompany the application:
|
(12)
Accurate location and description of existing and required monuments.
(a)
Permanent monuments shall be placed no more than 500 feet apart
on roads at all angle points, points of curve, and points of tangency
and spaced to be within sight of one another along lines entirely
within the road right-of-way.
(b)
Monuments shall be installed at all intersections of lot boundary
lines and as necessary to mark all easements.
(c)
The locations of major changes in the directions of lot lines
shall be indicated by monuments.
(d)
Stone walls, ledge rock, trees or other topographical features
shall not be substituted for monuments. Where any such feature prevents
proper installation of a required monument, that monument shall be
installed offset from its proper location, and the accurate distances
of offset shall be shown on the plan. Monuments shall be set with
accurate reference to a permanently identifiable fixed point or to
the Connecticut Coordinate System.
(e)
Monuments for all roads, drainage easements, and open space
parcels shall be of stone or good reinforced concrete, not less than
four inches square and 3 1/2 feet long, with centers clearly
marked; other monuments may be of suitable permanent materials approved
by the Town Engineer. Each monument shall be installed so that it
rises no more than three inches above finished grade and does not
form an obstruction.
(f)
All monuments shall be set by a registered surveyor.
(13)
A note which lists each of the supplementary plans required
by the Commission.
(14)
Utility lines.
(a)
Where reconstruction or relocation of existing utility lines
is required by a proposed subdivision plan, the rebuilt lines shall
be placed underground prior to the conveyance of any lot in the subdivision
or completion of the proposed subdivision road, whichever comes first.
(b)
Any line installed in a location not shown on the plan because
of field conditions shall be shown on an as-built plan submitted to
the Commission before release of bond.
M.
Required permits or written comments as to acceptability of the proposed
plan from non-local regulatory authorities which exercise legal jurisdiction
over any aspect of the proposed subdivision, such as adjacent towns
or the South Western Regional Planning Agency (SWRPA).
(1)
Whenever a proposed subdivision includes land in another municipality,
the Commission shall, before approving such subdivision, submit it
to SWRPA for review. Written comments from planning and zoning commissions
or other agencies in any other town involved in the subdivision should
also be on file to be considered.
(2)
If, within 30 days after transmittal, a report is not received from
the South Western Regional Planning Agency, it shall be presumed that
such agency approves of the proposed subdivision.
N.
Copies of required wetland or watercourse permits from the Weston
Conservation Commission along with any conditions of approval which
should be shown on the final map and any other relevant supporting
materials.
O.
Copies of variances pertaining to the subdivision that have been
granted by the Zoning Board of Appeals and copies of special permits
pertaining to the subdivision granted by the Zoning Board of Appeals
(prior to February 1, 1984) or the Planning and Zoning Commission.
P.
A letter or written authorization from each public utility company
whose facilities will be connected to the subdivision agreeing to
make such installations within the time authorized by the Commission
for completion of required construction work.
Q.
Proposed conveyance agreements, in legal form acceptable to or prescribed
by the Town, for all public parcels, including:
R.
Proposed conveyance agreements, ownership and maintenance covenants
covering private open space parcels and other private reservations
and commonly owned parcels.
S.
A comprehensive cost estimate, in itemized detail, prepared by the
developer's engineer in consultation with and in the form prescribed
by the Town Engineer for all construction work and other improvements
which will be required of the developer in order to complete the subdivision
plan as shown. (This will include such improvements as roads, bridges,
culverts, weirs, retaining walls and fences, storm drainage facilities,
retention ponds, community water supply and sewage disposal systems,
land contouring and planting, monuments, etc.)
T.
Statements from the Fire Marshal and the Chief of Police that there
are adequate accesses for emergency vehicles and that proposed roads
are safe.
[Added 3-16-1987]
All maps and plans required to be submitted as part of the subdivision
application shall be:
A.
Based on an accurate survey of the property which meets Class A-2
criteria of the Connecticut Technical Council, Inc. Survey maps shall
bear the seal certifying that the data is substantially correct in
accordance with the cited criteria. Other map sheets drawn from the
survey map shall be signed or sealed by the maker with the proper
reference to the original or revised survey map.
B.
Prepared with permanent ink on a stable Mylar film (three mils minimum,
sheets 24 inches by 36 inches or 12 inches by 18 inches) which meets
criteria for filing in the Town land records and is also suitable
for white print reproduction.
C.
Signed and marked with the seal of the professional engineer registered
in Connecticut who was responsible for the design of all planned improvements
(i.e., roads, streets, drainage systems, water supply and distribution
systems, sewage disposal systems, ponds and retention basins, dams
and retaining walls, culverts, storm sewers and other structures).
D.
Drawn to the largest practicable decimal scale but not larger than
one inch equals 40 feet nor smaller than one inch equals 100 feet
for map data. Construction details may be larger as required, and
map data may extend to more than one sheet, provided that accurate
match marks are shown.
E.
Provided with title, scale, North arrow, and date of preparation
and submission; boundary lines and names of all roads; names of owners
of adjacent property and property across the road, names of subdivision
property owner(s), names of developers (if other than owner), and
names of those responsible for preparing the map or plan; Town and
zone boundary lines where applicable; references in notes to related
data, reports, source maps, easements, deed restrictions, and conditions
of approval as required; and approval block with lines for Commission
signature, date of approval and expiration date as prescribed by the
General Statutes.
F.
Furnished in quadruplicate. At least four clear white print copies
of each map or plan, including all revisions, shall be furnished by
the applicant at the time of submission of the application. A reasonable
number of additional copies, when required by the Commission for review
purposes, shall be submitted. All copies or maps shall be provided
at the expense of the applicant.
A.
The subdivision application shall be submitted to the Planning and
Zoning Commission for consideration at a regular meeting.
C.
Referrals.
(1)
Within
10 days of acceptance of the application for consideration, the Commission
may refer a complete copy of all pertinent application maps, plans,
reports and other materials to:
(a)
Board of Selectmen (Town Engineer).
(b)
Conservation Commission (Inland Wetland Agency), if the application
has not been submitted to it.
(c)
South Western Regional Planning Agency or others where required
by statute.
(d)
Other public agencies when the proposal falls within their jurisdiction.
(e)
Town boards or agencies as required by these regulations or
deemed desirable by the Commission.
(2)
Reports
and recommendations received from these referrals shall become part
of the record of the application.
D.
A public hearing may be held on any subdivision application and shall
be held on all resubdivision applications and on subdivision applications
for five or more lots. Legal notice shall be published in accordance
with the requirements of the General Statutes and a copy furnished
by ordinary first-class mail to all adjacent property owners at the
time of first publication. It shall be the responsibility of the applicant
to furnish correct names and addresses of adjacent property owners
and owners across the street from the subdivision, along with stamped
addressed envelopes to be sent to them. Public hearings shall be completed
within 30 days from the opening of the hearing. Extensions of this
time limit are allowable, up to a total limit of 30 days, if the applicant
makes such a request to the Commission.
E.
The Commission shall approve or approve with conditions or disapprove
the application, entering into the record its reasons for approval
and disapproval, and shall publish and communicate its decision as
required by law. The Commission shall render its decision within 65
days after the public hearing has been closed. Extensions of this
time limit are allowable, up to a total limit of 65 days, if the applicant
makes such a request to the Commission. Where no public hearing is
to be held, the Commission must render its decision within 65 days
after the subdivision application has been accepted for consideration.
Extensions of this time limit are allowable, up to a total limit of
65 days, if the applicant makes such a request to the Commission.
F.
In instances where the Commission approves an application with conditions,
it shall promptly advise the applicant of the required changes to
the subdivision plan or other application documents.
G.
No approval shall become effective, however, until the completion
of the following:
(1)
Where a performance bond will be required, the Commission shall advise the applicant at this point of the monetary amount and particulars which must be guaranteed by said bond (refer to § 230-31).
(2)
No application shall be considered approved or in final form for
filing until the Commission determines that all conditions for approval
have been completed in proper form and that all final plans, bonds,
grants, conveyances and easements required by its approval have been
submitted in properly executed form. Such materials shall be submitted
to the Commission's office prior to any regular meeting of the
Commission scheduled within 90 days after the Commission's decision.
Extensions of this time limit are allowable, up to a total limit of
180 days, if the applicant makes such a request to the Commission.
(3)
Upon determination that all submitted materials are in proper form,
the Commission's signature of approval by the Chairman or Secretary,
noting the statutory expiration date of approval, shall be affixed
to the subdivision plan and the same released to the applicant for
filing in the Town of Weston land records as required by law.