Land suitable for development shall be of such character that
it can be used for building purposes without danger to health or to
the public safety. Every subdivision application shall demonstrate
that land to be utilized for development will provide:
The Commission will give special scrutiny to applications proposing
development of land with any of the following natural characteristics:
B.
Slopes of 20% or greater as determined by accurate topographic survey
at contour intervals of five feet or less.
C.
Wetlands, wetland linkage areas, streams, marshes, bogs and swamps,
and other water bodies.
D.
Soil areas possessing severe or very severe limitations for home
site or on-site sewage disposal systems by soil types as classified
by the Fairfield County Soil and Water Conservation District.
E.
Direct or primary recharge areas of stratified drift aquifers.
F.
Areas subject to unusual water or wind erosion due to unstable soil,
excessive stream velocity, or lack of topsoil and vegetation.
G.
Ledge rock, shallow soil areas, and extensive bedrock outcroppings.
H.
Areas identified as protection zones and critical planning units
in the Weston Environmental Resources Manual, Maps 4 and 5.
I.
Areas which are not accessible from a road capable of furnishing
safe and convenient access for emergency services.
[Amended 3-16-1987]
A subdivision application proposing development of any such land (as listed in § 230-13) shall be:
A.
Accompanied by a lot development plan which details where any such
development is to take place and what type of development is proposed.
B.
Designed so that no dwelling, structure, sewage or waste disposal
system, septic reserve area, road, driveway or other impervious area
requiring construction shall be located in floodplains, wetlands,
or on major slopes unless approvals have been obtained as needed under
the following regulations or plans: Floodplain Management Regulations
(for development in floodplains); Inland Wetland Regulations (for
development in wetlands or watercourses); Drainage and Erosion Control
Plan; and Town driveway and other ordinances where they specifically
apply.
[Amended 11-13-2008]
Exemption from the requirements of § 230-14 above may be granted where the Commission finds that all land areas with any of the listed special natural characteristics:
A.
Have been delineated on the map and excluded from the proposed development
area; and
B.
Are protected from development by a note on the map and by deed restriction
providing that such areas shall remain permanently undisturbed in
their natural condition, free from construction, regrading, paving
and other significant alteration.
B.
Minimum lot areas and dimensions shall be as prescribed by the Weston
Zoning Regulations.
C.
Every subdivision lot shall accommodate its own house site and required
rectangle, water supply well and protection area, sewage disposal
system and reserve area, and driveway and parking. (Where the Commission
finds such to be in the best interests of public safety or resource
conservation, it may permit these facilities to be combined to serve
more than one lot in accordance with the Zoning Regulations of the
Town of Weston, an approved site development plan and an approved
maintenance covenant.)
D.
Split lots. A parcel or tract of land that is divided by a public
or private road, a major watercourse, or a public or private easement
restricting development (other than a utility easement or a right-of-way)
does not meet the minimum lot area requirements unless it contains
at least two contiguous acres of land. For purposes of this regulation,
land is not contiguous if a public or private road, a major watercourse,
a public or private easement restricting development, or a right-of-way
divides it. This contiguity requirement applies even if the public
or private road, major watercourse, public or private easement restricting
development, or right-of-way and the parcel or tracts of land are
in the same ownership. Construction on a lot that is subject to this
section of the minimum area requirement regulation must take place
on that section of the lot that contains the two contiguous acres
of property. This regulation does not apply to passageways that serve
as a second access to a parcel or tract of land and are dedicated
exclusively to emergency access. For purposes of this subsection,
"major watercourse" shall mean the Saugatuck River, the Aspetuck River,
the west branch of the Saugatuck, and any nonseasonal branch or tributary
thereof being more than two feet wide at any point within the subject
lot. (See C.G.S. § 8-26a.)
[Amended 5-18-2006]
E.
Odd-shaped lots. A lot may not measure less than 75 feet in width
or depth at any point except where the measurement of the width or
depth of the lot at such point multiplied by three is equal to or
greater than the distance from such point to the point where the lot
boundary lines form a figure closed on three sides measured along
a line running through the center of such portion of the lot. An accessway
otherwise in compliance with these regulations shall not be a violation
of this subsection. For example, a lot which narrows to 50 feet at
a given point must become a closed geometric figure within 150 feet
of such point (see Illustration No. 1). A lot which narrows to 30
feet at a given point must become a closed geometric figure within
90 feet of such point (see Illustration No. 2).
[Amended 5-4-2006]
|
Illustration No. 1
 |
Illustration No. 2
 |
B.
Where a lot has frontage on both a major (or collector) road and
a minor road, access driveways shall be taken only from the minor
road unless the Commission determines that direct access from the
major road is preferable for safety or environmental reasons. The
Commission may require that driveway entrances be combined or otherwise
controlled as necessary to assure safe traffic movement and to afford
proper separation of local and through traffic.
C.
Within 40 feet of the center line of the travel way of an intersecting
road the maximum gradient of the driveway shall be 3%. Where necessary
to avoid excessive regrading, where the driveway serves only one dwelling,
the Commission may approve a driveway design as part of a lot development
plan in which the driveway gradient is between 12% and 15% for not
more than 50 feet in length. No curve shall be allowed where the gradient
exceeds 12%. The Commission may require fences and guide rails for
safety along embankments and steep slopes.
D.
Where a driveway must cross a floodplain, wetland, watercourse or
drainageway, the lot development plan shall show a culvert or other
structure approved by the Town Engineer as safe for accommodation
of emergency vehicles, with sufficient hydraulic capacity for a fifty-year
storm. No such crossing will be authorized without all approvals required
by the Inland Wetland Regulations, the Town Driveway Ordinance and
the Floodplain Management Regulations.
A.
Rear lots are only desirable where their use minimizes necessary
road construction and environmental impact.
B.
Each rear lot shall:
(1)
Conform to all requirements of the Zoning Regulations.
(2)
Have a travel way designed to safely accommodate emergency and service
vehicles.
(3)
Have a right-of-way 25 feet in width to accommodate a travel way
12 feet in width where serving one dwelling.
(4)
Have a right-of-way 30 feet in width to accommodate a travel way
16 feet in width where serving two dwellings.
(6)
Have an equitable allocation among benefiting property owners of
the liability and maintenance responsibility for any common accessory.
A.
The Commission may require the installation of graded pedestrianways,
or safe walking paths, along the right-of-way of any road which, because
of width, curves, grades or traffic volume, presents severe hazards
to pedestrians.
B.
Bicycle paths and trails may also be required by the Commission in
roadside or other appropriate right-of-way locations where it determines
that they are needed for safety reasons.
C.
Where the Commission deems it necessary, or is requested by the Fire
Marshal, it may require a fire pond as appropriate for safety. Such
pond may be required before any building construction shall commence
in the subdivision.
[Amended 3-16-1987]
Where a subdivision road intersects a major (or collector) road,
and at other locations deemed necessary by the Commission for reasons
of safety, the subdivider shall reserve, grade and appropriately surface
an area suitable for the safe accommodation of children awaiting school
buses. Its design and location shall require Commission approval.
The paved area shall be located on the road right-of-way near the
curbline, comprising 100 to 200 square feet in area.
A.
Safe access. Roads shall be designed for safe and convenient access
and for minimum disturbance of natural resources.
B.
Existing roads. Where a subdivision fronts on any road section which
has a right-of-way width, curve or intersection less than the standards
specified in these regulations, or requiring improvement as indicated
in the Town Plan or Weston Road Analysis, the Commission may require
the subdivider to annex to the right-of-way, by deed, an amount of
land sufficient to correct the deficiency in accordance with standards
of safe design.
C.
Layout of roads.
(1)
Existing topography and significant natural features shall be preserved
to the maximum degree consistent with public safety in the layout
of new roads. Combinations of steep grades and curves shall be avoided.
Roads shall be planned to provide a convenient system for prospective
traffic needs and to safely accommodate fire-fighting, school bus,
snow removal and other service vehicles.
(2)
Proposed roads shall be in harmony with existing and proposed thoroughfares
shown in the adopted Town Plan of Development, including proposed
realignments, and in the Weston Roads Analysis. Road layout and design
shall be approved in each case by the Commission.
(3)
The Commission may require proposed roads to connect with adjacent
roads or undeveloped property where it deems such connection desirable
for safety, provision of utilities, or adequate future access. Reserve
strips which would prevent the extension of roads are prohibited.
D.
Permanent dead-end roads.
(1)
A permanent dead-end road may be approved where road continuity is
not feasible. Such permanent dead-end road shall be limited to the
shortest practicable length required to provide safe access to all
lots, but in no case shall serve more than 12 potential lots.
(2)
A dead-end or loop road shall only be laid out from another dead-end
road when the total lots served by the total dead-end road system
are limited to 12.
(3)
Where it deems such action to be necessary in the public interest,
the Commission may require that easements for utilities, pedestrian
access, or drainage be provided between any dead-end road and adjacent
property.
E.
Temporary dead-end roads.
(1)
A temporary dead-end road may be approved where the Commission determines
that:
(a)
Future extension of the road would be feasible and desirable,
considering topography, site conditions, and potential availability
of adjacent land for development. The applicant shall grant to the
owner of such adjacent property a perpetual right-of-way for ingress
and egress over such temporary dead-end road in the event of and subject
to development of such adjacent property as an approved subdivision.
(b)
The eventual extension will complete a safe connection to the
road system at a reasonable distance from the original entrance locations;
and
(c)
All property owners on or adjacent to the proposed extension
have been notified of the proposal.
(2)
Temporary dead-end roads shall:
(a)
Be limited to a constructed total length of 1,500 feet within
the subdivision.
(b)
Serve no more than 12 lots.
(c)
Terminate in a temporary turnaround located and improved as
directed by the Commission.
(d)
Provide a monumented right-of-way and reservation.
(e)
Require building setbacks from future extensions equivalent
to those required from existing roads.
F.
Turnarounds.
(1)
All dead-end roads, both permanent and temporary, shall terminate
in a turnaround of circular or other design approved by the Commission,
having a minimum diameter or transverse width of right-of-way of 100
feet. Within said turnaround there shall be a roadway suitable for
vehicle turning purposes, with a maximum gradient of 5%. Every permanent
turnaround shall be constructed in accordance with the Standard Specifications
for Subdivision Road Construction.
(2)
Plans incorporating temporary turnarounds shall provide, by appropriate
notes, that:
(a)
Liability and maintenance responsibility for the temporary turnaround
shall be clearly identified.
(b)
The reserved right-of-way for future road extension shall be
conveyed to the Town of Weston. The Town shall be under no obligation
to construct or maintain any improvements thereon and may assign its
rights for roadway development to others.
(c)
Whenever the road is extended, the temporary turnaround shall
be removed, and the area unused by the road area topsoiled and seeded
by the future developer at his expense, and title to the released
area shall revert to each abutting lot owner along the frontage of
the released area.
G.
Intersections. Special attention shall be given to the safe design
of all road intersections. Intersections shall require design and
construction to:
(1)
Be at least 800 feet from any other intersection with a major road,
where feasible.
(2)
Be at least 500 feet from any other intersection with a minor road,
where feasible.
(3)
Provide a one-hundred-fifty-foot offset from an opposing driveway,
where feasible.
(4)
Provide a sight line along each intersecting roadway as specified in Subsection M. Required sight lines shall be shown on the construction plan, and corresponding sight line easements shall be established, with proper monuments as necessary, on the subdivision plan.
(5)
Provide a center-line angle of horizontal intersection as close to
90° as possible for at least 50 feet from the intersected travel
way. A perpendicular maximum deviation of not more than 20° (70°
to 110° interior angle) may be permitted when an increased pavement
radius is provided inside the acute angle to prevent vehicle turning
conflicts.
(6)
Prohibit an intersection with an existing road at any point where
the existing road's gradient exceeds 5%.
(7)
Provide a travel way gradient at center line, for all new intersecting
roads, not to exceed 2% for the first 50 feet.
H.
Drainage.
(1)
Roads and driveways shall be designed so that there will be no discharge
of storm drainage to the travel surface of an existing or proposed
road nor into the immediate upslope drainage area of a water supply
well or sewage disposal system.
(2)
Surface drainage shall not be permitted to discharge directly to
adjacent land without a drainage easement. All drainage easements
shall be at least 20 feet in width and accurately shown on the subdivision
plan.
(3)
Where a proposed road slopes down to an intersection, a low point
shall be provided at least 10 feet back from the intersected road
and catch basins provided to collect gutter flows.
(4)
Curbing shall be provided to control gutter flows on all roadways
where a gradient of 5% or greater occurs, and suitable erosion control
measures shall be provided to stabilize shoulders on lesser gradients
if so directed by the Commission.
(5)
Wherever possible, storm drainage from roads and driveways shall be accommodated in retention or detention basins for controlled and gradual release. All systems designed for the accommodation of stormwater runoff shall be required to meet the criteria for zero incremental runoff and other standards prescribed in § 230-22. No alteration of natural wetlands or watercourses shall be permitted without prior approval of the Conservation Commission where its jurisdiction applies as the Inland Wetlands Agency.
I.
Right-of-way protection.
(1)
No land clearing, excavation, filling or regrading shall take place
on any proposed road right-of-way in an unapproved subdivision (with
the exception of clearing for test pits and surveying) without prior
Commission approval.
(2)
Every road right-of-way, including bank slopes and driveway cuts
and fills, shall be preserved in a stable, thoroughly planted condition.
The Commission may require that construction avoid major trees and
other significant natural features and that such features be protected
from the effects of construction by such devices as walls, barriers,
retaining walls, and special erosion control measures.
(3)
Standard steel guide rail fencing or the equivalent, where required
for safety, shall be shown on the plan and installed by the developer
as directed by the Commission.
(4)
Where sight line easements are shown on the subdivision plan, a note
shall be added conferring on the Town or other holder of the right-of-way
the right to clear, regrade and maintain said easements as necessary
for safe visibility or in conformity with specifications stated on
the plan.
J.
Road names and address numbers. Road names shall be proposed by the
developer and shall be approved by the Fire Marshal and Police Chief
prior to submission to the Commission. Road names shall require approval
by the Commission and shall not closely resemble any existing road
name in Weston or its vicinity. A Town standard sign bearing the name
of the approved road shall be placed at each intersection. Such names
shall be shown on the final subdivision plan.
[Amended 3-16-1987]
K.
Utilities. All distribution and service lines for electric, telephone,
gas, water, sanitary sewer and other facilities shall be installed
underground in accordance with plans approved by the Commission and
shall be completed to the property line of each lot before final road
paving. Significant installations serving more than one lot, such
as pad-mounted transformers, pump stations, water standpipes, stormwater
filtration basins, and the like, shall be placed underground wherever
possible. Any facility requiring aboveground installation shall be
located and effectively screened as directed by the Commission. Where
utility lines must cross private land, a perpetual easement at least
20 feet in width shall be provided and shown on the subdivision plan.
M.
Road classification and design standards.
(1)
The classification of existing and proposed roads may be indicated
in the adopted Town Plan of Development and shall be specifically
determined by the Commission in each application.
(a)
Arterial, or connector, roads are those inter-town state-maintained
roads which serve primarily regional needs and carry significant volumes
of non-local traffic.
(b)
Major, or collector, roads are those through roads which serve
larger neighborhoods, provide town traffic circulation, or are projected
to carry significant traffic volumes.
(c)
Minor, or local, roads are those through or dead-end roads which
serve primarily as access to local neighborhoods and abutting lots.
(d)
Neighborhood lanes are those public or private dead-end roads
serving no more than eight residential lots.
(2)
The following standards govern the design and construction of all
subdivision roads:
|
Neighborhood Lane
|
Minor Road
|
Major Road
| |||
|---|---|---|---|---|---|
|
Right-of-way, minimum width (feet)
|
40
|
50
|
50
| ||
|
Travel way, minimum width, excluding shoulder and curbs (feet)
|
20
|
22
|
24
| ||
|
Horizontal curve at center line, minimum radius (feet)
|
120
|
150
|
250
| ||
|
Horizontal tangent between reverse curves, minimum (feet)
|
100
|
150
|
200
| ||
|
Vertical curve, minimum radius (feet)
|
75*
|
100*
|
150*
| ||
|
Gradient
| |||||
|
Maximum
|
12%
|
10%**
|
8%
| ||
|
Minimum
|
1%
|
1%
|
1%
| ||
|
Clear sight distance, minimum (feet)
|
200
|
250
|
300
| ||
|
Easement for drainage utilities, minimum width (feet)
|
20
|
20
|
20
| ||
|
Off-road pedestrian easement, minimum width (feet)
|
25
|
25
|
25
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
Except that minimum radius shall be not less than the following
values for each one-percent algebraic difference in grade: neighborhood
lane, 15 feet; minor road, 20 feet; major road, 25 feet.
| |
|
**
|
Except 12% on straight alignment where approved by the Commission.
| |
A.
Soil and water conservation. A plan for control of stormwater runoff
to prevent flash floods, conserve natural water tables, minimize erosion
and siltation, and protect wetlands and other natural resources must
accompany every subdivision application.
B.
Design storm and drainage area.
(1)
In each subdivision, planning and design of stormwater facilities
shall be based on potential storm runoff from the served area at full
development, in accordance with fifty-year frequency storm criteria.
(2)
Culverts, catch basins, pipes, swales, and retention ponds shall
be designed to accommodate storm runoff from upland watershed areas
where no adequate stormwater retention facilities exist.
C.
Zero increase in rates of runoff and erosion.
(1)
Development and other modification of land shall be planned so that
there will be no increase in the volume of runoff, nor increase in
the speed of stormwater discharge, nor increase in natural or preexisting
rate of soil erosion, on the subdivision site under conditions of
the fifty-year design storm.
(2)
Storm runoff calculations shall be based on full development of the
entire site and must conform to standard criteria contained in the
Connecticut Department of Transportation Drainage Manual for hydrologic
and hydraulic analyses and available at the office of the Town Engineer.
Full development means development in accordance with current zoning
regulations, with allowance made for planned roads, driveways, septic
fields, and paved and semi-pervious areas.
[Amended 11-13-2008]
(3)
Zero incremental runoff shall be accomplished by appropriate water
retention or infiltration systems designed to achieve a gradual, controlled
and dispersed stormwater release, by such means as retention/detention
basins, dry wells, diversion reservoirs, or permeable driveways or
other systems designed in accordance with good engineering practices
and sound environmental and conservation objectives.
(4)
Any alteration of existing wetlands or watercourses is subject to
the regulatory jurisdiction of the Weston Conservation Commission
and will require approval from that body.
D.
Soil stabilization measures.
(1)
Development tending to increase runoff or soil saturation in unstable
areas (such as significant slopes, stream banks, or shallow soil ledges)
shall be avoided wherever possible. No construction shall take place
in these areas prior to installation of protective measures approved
by the Commission. During construction, all bank slopes shall be stabilized
as rapidly as possible.
(2)
Previously existing unstable conditions on the site. such as steep
banks, drainage ditches or eroding slopes, must be stabilized and
corrected.
(3)
Localized increases in runoff velocity within the site shall be controlled
as close to the source points as possible, to prevent an increase
of erosion and siltation on the site.
(4)
Erosion and stormwater controls shall be consistent with good engineering
practice. Recommended practices detailed in the Erosion Control Handbook
for Connecticut, published by the United States Soil Conservation
Service, and in the Connecticut Department of Energy and Environmental
Protection Stormwater Quality Manual shall guide the Commission in
its review of each drainage and erosion control plan.
[Amended 11-13-2008]
E.
Stormwater discharge to roads.
(1)
Storm drainage from driveways, cellar drains, roof drains and other
impervious areas on lots shall not be discharged to the travel way
of a road. Sites shall be designed to retain as much storm runoff
as possible on the site for gradual release to natural water tables,
but stormwater discharge to on-site road drainage systems may be approved
by the Commission where effective detention facilities are provided
at convenient downslope control points.
(2)
Roadside shoulder areas of all roads lacking curbs shall be designed
to minimize scouring and erosion, as detailed in the plan approved
by the Commission. "Soft drainage" on roads shall be prohibited where
slopes exceed 5%.
F.
Hundred-year floodplains. Except as specifically approved by the
Commission under the Floodplain Management Regulations, no dwelling
or other construction shall be located within any portion of the one-hundred-year
floodplain. If a proposed subdivision is located in a floodplain the
following requirements shall apply:
[Added 6-18-2010]
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage to reduce
exposure to flood hazards; and
(4)
The Commission shall require the applicant to provide base flood
elevation data for all subdivision proposals. Where base flood elevation
data is not available, the applicant shall provide a hydrologic and
hydraulic engineering analysis performed by a Connecticut registered
professional engineer that generates the base flood elevations for
all subdivision proposals and other proposed development.
G.
Drainage and erosion control plan.
(1)
Facilities designed to carry out the requirements of Subsections A through F shall be shown in detail on the construction plan or on a separate plan accompanying the subdivision plan at the same or larger scale. The drainage and erosion control plan, including all drainage computations and facility designs, shall be prepared by a professional engineer registered in the State of Connecticut.
(2)
All storm drainage and retention facilities shall be designed with
reserve capacity to accommodate sudden overloads caused by malfunction
of existing undersized upland drainage facilities and for minimal
maintenance, as determined appropriate by the Commission. Where the
development of a subdivision will result in additional stormwater
discharges to any wetland, watercourse or one-hundred-year floodplain,
the plan shall include a runoff analysis (pre-development and post-development)
in accordance with the Connecticut Department of Transportation Drainage
Manual for the complete upland drainage basin and shall provide such
retention/detention and other measures as are needed to fully protect
the downstream area. All drainage computations and other analyses
shall be described in an accompanying report.
[Amended 11-13-2008]
H.
Drainage easements.
(1)
Where storm drainage or retention facilities must serve more than
one lot or be located off the site, the developer shall provide at
his expense all necessary drainage easements. Such easements shall
be perpetual, unobstructed, monumented courses at least 20 feet in
width sufficient to provide convenient access to all facilities.
(2)
Drainage easements shall be conveyed to the Town of Weston where
they serve Town roads and shall require maintenance covenants satisfactory
to the Commission where they serve private roads or private lands.
I.
Soil erosion and sediment control plan.
[Added 6-26-1985]
(3)
The accompanying narrative shall include the following:
(a)
Sequence of developmental activities such as grading, installation
of drainage devices and erosion/sedimentation controls.
(b)
Sequence for final stabilization of the area.
(c)
Signed statement by the project engineer that an as-built certification
will be submitted under his seal and signature at the completion of
developmental activities.
(4)
Site development shall not begin until the Commission has approved
the ESCP and site map. Said approval shall constitute certification
when both plan and narrative are signed by the Chairman subsequent
to vote of the Commission.
A.
General standards.
[Amended 12-30-2009]
(1)
The Commission shall require that 10% of the aggregate area of any
proposed subdivision, which proposed subdivision consists of 10 acres
or more, shall be reserved for open space, parks, or playgrounds as
set forth in Connecticut General Statutes § 8-25.
(2)
The Commission shall determine the location and boundaries of the
reserved area.
(3)
Each reserved area shall be of a suitable size, topography, and general
character and shall have adequate access to serve the particular purpose
for which the area is dedicated.
B.
Negative easements. Where significant natural resources would be
endangered by development but a specific reservation for open space
would unreasonably reduce the number of lots, the Commission may specify
the granting of negative easements restricting development to protect
the significant area. Such easements shall be shown on the subdivision
plan and recorded in the Town land records for each affected lot at
the time of filing the subdivision plan.
C.
Trails and access to open space. The subdivider may propose the recipients
of title to open space land and easements and shall be responsible
for presenting such proposed agreements for conveyance before subdivision
approval.
(1)
Ordinarily, land adjacent to Town-owned open space or trails, where
indicated in the Town Plan as recommended for public acquisition,
shall first be offered to the Town.
(2)
Open space may be offered to a public or private conservancy.
(3)
Where land is to be conveyed to a neighborhood association for recreation
purposes, a legal covenant establishing undivided ownership and liability
and maintenance obligations to run with the title of the lots shall
be approved by Town Counsel and submitted with subdivision approval.
D.
Ownership and maintenance. The subdivider shall propose and the Commission
shall determine the form and adequacy of all arrangements for ownership,
use privileges, and maintenance responsibility for all dedicated open
space tracts and positive and negative easements. All conveyance of
right, title, interest and easements shall be in form approved by
the Town's legal counsel and shall be executed and recorded in
the Town land records:
E.
Payment in lieu of open spaces. In lieu of reserving open space as required pursuant to Subsection A above, an applicant may, by written notice delivered to the Commission at any time prior to closing of the public hearing, elect to make a payment of a fee equal to the maximum sum permitted pursuant to Connecticut General Statutes § 8-25 (the "fee in lieu"). To be effective, such notice shall include an appraisal by a licensed appraiser jointly selected by the applicant and the Commission certifying to the Commission the amount of the fee in lieu; the cost of said licensed appraiser is to be paid solely by the applicant. The fee in lieu shall be become due and payable in the manner set forth in Connecticut General Statutes § 8-25. The fee in lieu shall be administered and utilized pursuant to Connecticut General Statutes § 8-25b. An applicant may revoke its election under this section at any time prior to closing of the public hearing, after which its election shall become irrevocable, subject only to withdrawal of the subdivision application.
[Added 12-20-2009]
A.
All roads, easements and other reserved parcels shall be shown on
the subdivision plan and their boundaries fixed with permanent monuments.
B.
Subdivision applications shall include:
(1)
For all roads, easements and reserved parcels to be offered to the
Town, a conveyance agreement prescribed by or acceptable to the Town.
(2)
For all roads, easements and reserved parcels for other ownership,
a conveyance agreement which includes a perpetual ownership and maintenance
covenant accepted by the designated recipient.
(3)
For temporary reservations, such as temporary turnarounds and dedications
for future road extensions, a covenant which provides for interim
ownership and maintenance responsibility and future conveyance to
designated recipients.
C.
Each of the above instruments shall become, as approved, a binding
condition of the subdivision approval.
D.
During the period of bonded obligation to the Town, the subdivider
shall be responsible for proper maintenance and repair of all constructed
facilities.
E.
Roads, easements and reserved parcels required to be offered to the
Town for acceptance on satisfactory completion of prescribed improvements
include:
(1)
All roads classified as major (or collector) and those minor (or
local) roads which connect at two or more points with other Town roads
or serve 12 or more lots.
(2)
All drainage easements serving existing or proposed Town roads.
(3)
Pedestrian and other easements serving existing or proposed Town
lands.
F.
The following easements, where they lie within a lot, may be included
in determining the minimum area of such lot: drainage, open space
- negative, sight line, and slope. Easements which may not be included
in determining minimum lot area are: access (right-of-way), open space
- positive, pedestrian, and utility (where such easements restrict
the use of the land).
A.
The Commission may waive any specific requirement of § 230-9, 230-14, 230-15, 230-16C, 230-17, 230-18, 230-21, 230-22, 230-23 or 230-31 of these regulations. The waiver must be approved by a three-fourths vote of all members of the Commission providing that the conditions for the granting of waivers specified in the particular section of these regulations are met and where it finds each of the following criteria applies:
(1)
Natural or physical conditions of the site are such that compliance
with the particular requirement for submission or approval would create
an exceptional difficulty for the applicant, and these conditions
do not apply generally to other land in the vicinity.
(2)
The waiver would allow a feasible development alternative, under
which reasonable use of the land will occur and natural resources
will be soundly protected.
(3)
Granting the waiver is consistent with the purposes of these regulations
and will promote the public health, safety, and welfare.
B.
The Commission shall state on its records the reason for which a
waiver is granted in each case.
