All expenses incurred by a subdivider for the preparation, submission
and filing or recording of all applications, plans, maps and certificates
required by these regulations shall be the sole responsibility of
the subdivider.
At any time prior to filing in the land records, a subdivision
application may be withdrawn by the applicant by submitting a written
notice to this effect to the Commission. Such withdrawal shall rescind
any Commission approval as of the date of such notification, and all
fees and application materials previously submitted shall be forfeited
to the Commission.
A.
Approved subdivision plans shall be filed in the Town land records
within 90 days of the Commission's approval. Within the same
period, conveyances and covenants required by the approved plan shall
also be filed in the land records unless an alternative date has been
approved by the Commission and noted on the subdivision plan.
B.
The Commission may, at the request of the applicant, where it deems
that the circumstances justify such action, extend the period for
filing an approved plan in the land records by not more than two consecutive
periods of 90 days each.
C.
Any filing in the land records of a subdivision plan lacking the
Commission's inscribed approval over signature of its Chairman
or Secretary, or modification of an approved plan without express
authorization from the Commission, shall be invalid and render the
plan null and void.
D.
One copy of the approved subdivision plan on a scale of one inch
equals 200 feet shall be provided for the Tax Assessor's office.
Within 15 days of the date on which an approved subdivision
plan is filed in the land records, the subdivider shall submit to
the Commission a Mylar film copy of the approved and recorded subdivision
plan, showing the file date and Town map file number, together with
one copy of all filed documents.
Every subdivision plan which requires the construction of specific
improvements shall be accompanied by a written instrument, in a form
satisfactory to the Town's legal counsel, granting to the Town
of Weston and its authorized representatives the right to enter the
property of the applicant at any time during the effective period
of a performance bond for the purpose of determining compliance with
required conditions of subdivision approval. Such instrument shall
also provide that in the event of a default in the construction obligation,
the Town or its agents may complete such improvements under the terms
of such bond.
[Added 9-23-2011]
A.
Street and public utilities. Each subdivision approval shall prescribe
the extent to which and the manner in which streets shall be graded
and improved and public utilities and services provided (the "public
improvements") pursuant to Connecticut General Statutes § 8-25(a).
B.
Condition of approval; bonds and sureties; assessments. With respect
to any approval, the Commission may:
(1)
Require that the applicant complete all public improvements prior
to the endorsement and filing of the approval;
(2)
Require that the applicant file a restriction on the land records
of each lot within the subdivision, in a form acceptable to the Commission
or its agent, prohibiting the sale of any lot until such time as all
public improvements are complete; or
(3)
Require:[1]
(a)
Submission of a bond or surety in an amount and with surety
and conditions satisfactory to the Commission securing to the Town
the actual construction, maintenance and installation of such public
improvements; or
(b)
Imposition of an assessment or other method whereby the Town
is put in an assured position to complete the public improvements
at the expense of the owners of the property within the subdivision.
[1]
Annotation: Option (3) is favored as it permits the Commission
to secure adequate funds to install erosion control measures and complete
other work if the public improvements are abandoned after they are
started. This annotation is informational and is not binding on the
Commission.
C.
Bonds and sureties; standards.
(1)
Approval of form of bonds and sureties. The Commission or its agent
shall approve the form of any bond or surety to be submitted pursuant
to this section. Without limiting the generality of the foregoing,
the text of each bond or surety, in the Commission's discretion,
may be required to include a provision pursuant to which:
(a)
A five-percent monthly charge is assessed on any funds not delivered
to the Town within five business days following a draw;
(b)
The issuer agrees that the bond or surety shall be governed by, and
construed and enforced in accordance with, the internal laws of the
State of Connecticut, without regard to principles of conflicts of
law, and submits to the exclusive jurisdiction of any state or federal
court sitting in Fairfield County, Connecticut, in any action or proceeding
arising out of or relating to the bond or surety; and
(c)
The issuer indemnifies, defends and holds the Town harmless from
all costs of enforcement and collection of the bond or surety (including,
without limitation, attorney fees).
(2)
Approval of issuers. The Commission or its agent shall approve the
issuer of any bond or surety to be submitted pursuant to this section
and may require that each issuer maintain an office in the State of
Connecticut.
D.
Completion date. With respect to each approval, the Commission shall
determine a date by which the public improvements shall be completed
(the "completion deadline"). In the event that the Commission fails
to determine such date, the completion deadline shall be the date
such approval shall lapse.
E.
Phased development. The Commission, in its discretion, may approve a subdivision for development in phases. In the event that the Commission approves phased development, the Commission shall determine the amount of any bond or surety required in each phase pursuant to Subsection G below and identify the lots affected by each phase pursuant to Subsection H below.
F.
Required bond or surety.
(1)
In the event that the Commission elects to accept a bond or surety pursuant to Subsection B(3)(a) above, such bond or surety may be required to include:
(a)
Erosion control bond. A sum not to exceed 110% of the estimated
cost of all erosion control reasonably necessary to complete all public
improvements in all phases of development (each an "erosion control
bond");
(b)
Construction bond. A sum not to exceed 110% of the estimated
cost of constructing all public improvements for each phase of development;
and
(c)
Interim maintenance bond. A sum not to exceed 110% of the estimated
cost of maintaining all public improvements until such improvements
have been accepted by the Town.
(2)
The Commission's estimate of the above-referenced costs shall
be dispositive. Such estimate shall include, without limitation, the
cost of materials, labor, surveying and engineering, advertising for
bid, bid evaluation, contract negotiation costs, workers' compensation
and other insurance premiums, and third-party construction management
services, all upon prevailing wage rates pursuant to Connecticut General
Statutes § 31-53 et seq., and include any applicable tax.
The Town shall have no obligation to utilize Town employees to perform
any portion of said work.
G.
When posting of bond or surety is due. Except as set forth herein,
any bond or surety required hereunder may, in the discretion of the
person posting such bond or surety, be posted at any time before all
public improvements are constructed and installed. Notwithstanding
the foregoing:
(1)
No
construction or installation of any kind may be commenced until any
required erosion control bond is posted; and
(2)
For
any subdivision that is approved for development in phases, no construction
or installation approved for any phase may be commenced until any
bond or surety required in connection with the previous phase is posted.
H.
No transfer prior to posting of bonds and sureties. No lot shall be transferred to a buyer before any required bond or surety is posted. No lot situated within a portion of any subdivision that is the subject of a phased approval pursuant to Subsection E above shall be transferred to a buyer before any required bond or surety is posted for each phase affecting the lot.
I.
Draw down of bonds and sureties. Bonds and sureties may be drawn
down upon the earlier of:
(1)
The
completion deadline, in the event that the public improvements have
not been completed and maintained in a satisfactory manner.
(2)
The
failure of the applicant to diligently complete any public improvements
in a satisfactory manner following the transfer of any lot to a buyer.
(3)
The
failure of the applicant to diligently complete any public improvements
required for erosion control or to make the property safe in a satisfactory
manner.
J.
Assessments. In the event that the Commission elects to accept an assessment pursuant to Subsection B(3)(b) above, each owner of property within the subdivision (excluding property owned by the Town or any conservation organization) will be assessed an amount equal to the total estimated cost of constructing the public improvements and maintaining such public improvements until such time as they are accepted by the Town multiplied by a fraction, the numerator of which is the assessed value of such owner's property within the subdivision and the denominator of which is aggregate assessed value of all owners' property within the subdivision (excluding property owned by the Town or any conservation organization). Assessments shall be levied and become immediately payable following the completion deadline in the event that the public improvements have not been completed and maintained in a satisfactory manner. Any unpaid assessment shall be a lien on the defaulting owner's property within the subdivision. Assessments shall include, without limitation, the cost of materials, labor, surveying and engineering, advertising for bid, bid evaluation, contract negotiation costs, workers' compensation and other insurance premiums, and third-party construction management services, all upon prevailing wage rates pursuant to Connecticut General Statutes § 31-53 et seq.. and include any applicable tax. The Town shall have no obligation to utilize Town employees to perform any portion of said work.
K.
Release of bonds and sureties. Bond and sureties shall be released
pursuant to the requirements of Connecticut General Statutes § 8-25(d)(2).
L.
Extension and modifications. Upon receipt of any application to modify
or extend an approval granted pursuant to this section, if granted,
the Commission shall reestimate the amount of each bond and surety
and require issuance of a replacement bond or surety in the event
that such bond or surety is deemed insufficient.
M.
Maintenance of public improvements. All owners of property within
the subdivision (excluding property owned by the Town or any conservation
organization) shall be jointly and severally liable for the repair
and maintenance of all public improvements (including keeping all
roadways and drainage facilities free of ice, snow and debris) until
such time as such public improvements are accepted by the Town.
N.
Recorded site plan disclaimer; bonds and sureties. Any recorded site
plan or other document evidencing approval of a subdivision where
posting of a bond or surety is required shall bear the following disclaimer
prominently:
|
WARNING: PURSUANT TO C.G.S. § 8-25(d)(1), NO LOT SHALL
BE TRANSFERRED TO A BUYER BEFORE ANY BOND OR SURETY REQUIRED PURSUANT
TO THIS APPROVAL IS POSTED.
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O.
Recorded site plan disclaimer; assessments. Until all public improvements
have been completed, any recorded site plan or other document evidencing
approval of a subdivision and any deed or other instrument evidencing
the conveyance of any interest within a subdivision where an assessment
is required shall bear the following disclaimer prominently:
|
WARNING: AN ASSESSMENT SECURING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AT THE EXPENSE OF THE OWNERS OF THE PROPERTY WITHIN THIS SUBDIVISION MAY BE IMPOSED PURSUANT TO C.G.S. § 8-25(a)(1) AND SUBDIVISION REGULATION § 230-31.
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A.
The Town Engineer shall act as agent of the Commission in making
all necessary inspections and in determining compliance with required
construction plans and specifications.
B.
Before undertaking work on required improvements, the applicant (or
developer) shall confer with the Town Engineer to determine the particular
stages of construction at which Town inspection will be required.
C.
At least two full working days in advance, the developer shall notify
the Town Engineer of the schedule for each designated stage.
D.
Following initial clearing and rough grading, no work shall proceed
on any stage of the construction until the Town Engineer has inspected
and approved the preceding work for compliance with approved construction
plans and specifications.
E.
Should unforeseen natural or technical difficulties make changes
necessary in the construction plan, the Commission may approve amendments
to the technical design or specifications of such plan consistent
with recommendations of the Town Engineer and the purposes of these
regulations.
A.
When the Town Engineer has certified that all construction requirements
have been satisfactorily completed and are in proper condition, the
developer shall submit to the Commission an as-built plan and profile
drawing. The plan and drawing shall show the actual locations, grades,
elevations and specifications of all constructed improvements, including
roads, driveways, pedestrian walks, bus stops, curbs, culverts, bridges,
headwalls, manholes, catch basins, pipe sizes and invert elevations,
drains, retaining walls, dams, detention ponds, cut and fill slopes,
guide rails and fences, sewer and water mains, transformers and the
like.
B.
The as-built plan shall be prepared and certified correct by a licensed
engineer or surveyor and shall be similar in format, content, scale
and technical standards to the construction plan. An attached schedule
of notes shall describe deviations, if any, from the original construction
plan approved by the Commission and cite the date such modifications
were approved by the Commission.
[Added 3-16-1987]
Lot line changes or road access changes shall not be made to
convert a lot without special natural characteristics to a lot with
special natural characteristics without approval of the Commission.
