A.
The preliminary review process is voluntary, as enabled by C.G.S.
§ 7-159b. The applicant, Director of Planning and Community
Development, Commission, or other Town official shall not be in any
way bound by any statement made during such preliminary design consideration.
It is understood that the Commission's responses are preliminary,
and that nothing herein shall limit the Commission's right to
provide further modifications at any time prior to its final approval.
There shall be no vote or other formal action on any preliminary design,
other than referrals to other municipal, state, or federal agencies
or other commissions or consultants for review and comment if required
by the Commission.
B.
To better facilitate the overall subdivision design and application
process, it is strongly recommended that the following steps be followed:
(1)
Pre-application meeting. A meeting between the applicant, the
site designer, and the Director of Planning and Community Development
(or his or her designee), is strongly encouraged to further the understanding
of the applicant to the Regulations and procedures, to discuss the
applicant's objectives, and to coordinate site inspections, meetings
and submissions as described below. Applicants are expected to have
a general idea of site conditions and development goals at this meeting,
which may be held in conjunction with an informal site visit to review
and discuss how applicant's objectives may be harmonized with
the Town's POCD.
C.
Preliminary design:
(1)
Copies of a preliminary design, meeting the requirements set forth below (see § 465-501B), may be submitted to the Director of Planning and Community Development at least 10 days prior to the Commission meeting at which the preliminary design is to be discussed.
(2)
The preliminary design is intended to be a general diagram for
the site, open space or conservation lands, streets, and lots and
should be based on the site context map and the site analysis map,
but does not represent a formal application to the Commission.
(3)
The Commission and the Director of Planning and Community Development,
per C.G.S. § 7-159b, may review the preliminary design to
advise the applicant of the proposal's consistency with these
Regulations, and may suggest modifications to improve its conformance.
The review may also include preliminary input from relevant commissions
and officials.
A.
Application required.
(1)
All applicants for subdivision approval shall file for approval
on a form provided by the Commission ("the application"), and shall
submit such additional information as required by these Regulations
or otherwise by the Commission in the course of its consideration
of the subject application.
(2)
Submission of an application, including all applicable fees,
shall represent the Formal application under C.G.S. § 8-25
and shall constitute authorization for the Commission and staff to
enter upon the property, following notice to owner, to obtain additional
information or to inspect proposed improvements.
B.
Date of receipt. For purposes of calculating statutory timeframes for processing applications, the date of receipt of an application to the Commission shall follow § 470-909B of the Zoning Regulations.
C.
Complete applications. It is the applicant's responsibility
to submit a complete application.
(1)
Each application is to be reviewed by the Land Use Office to
determine whether the application is substantially complete.
(2)
An application requiring approval from the Commission shall
be considered incomplete until all of the information as required
by these Regulations, or by the Commission, is received at a regularly
scheduled meeting of the Commission.
(3)
An incomplete application may be denied solely by reason of
being incomplete.
(4)
Failure to pay the required fee shall render an application
incomplete.
D.
E.
Public notifications.
(2)
Notice by public hearing signs shall be in accordance with § 470-909F of the Zoning Regulations.
(4)
Notification of adjoining municipalities shall be in accordance with § 470-909H of the Zoning Regulations.
(5)
Notification to regional planning agencies shall be in accordance with § 470-909I of the Zoning Regulations.
F.
Consultations.
(1)
The Commission may request or receive reports or recommendations
from any officer, board, commission, or agency of the local, state
or federal government or an independent consultant as it may require
in order to evaluate compliance of the application with these Regulations.
(2)
When the Commission determines that the review of an independent consultant is required, the applicant shall deposit funds with the Commission for the costs of any consulting review fees pursuant to Chapter 248 of the Town of Canton Town Code, as amended.
(3)
No application shall be approved (and shall be grounds for denial)
if there are outstanding fees, bills, invoices, or costs relative
to the review of the application.
G.
Site visits.
(1)
The Commission may perform an official site visit prior to or
during the statutory review period on the application.
(2)
The Commission and the Director of Planning and Community Development
may extend invitations to appropriate town officials to participate
in the site inspection.
(3)
If such visit is attended by more than one member of the Commission,
the visit shall be noticed as a special meeting of the Commission
and the public duly invited.
H.
Decision timeframes and extensions.
(1)
Upon receipt of all supporting information as required by the
C.G.S. and these Regulations, the Commission may, at one or more regular
or special public meetings, review the formal application and shall
either approve, modify and approve, or deny any application within
65 days after the public hearing, or if no hearing is held, within
65 days following the official receipt thereof.
(2)
The applicant or an authorized representative should attend
any public hearing and any meeting at which the item is noticed on
the agenda.
(3)
One or more extensions, as authorized by the C.G.S., may be
had with the consent of the applicant, provided the total extension
does not exceed 65 days.
I.
Approvals with modifications.
(1)
If the formal application is modified and approved, the Commission
shall specify all modifications to be reflected on the final plan
to be endorsed by the Chairman of the Commission.
J.
Notice of decision.
(1)
Notice of decision by the Commission shall be published, per
C.G.S. in a newspaper of general circulation in the Town and a copy
thereof sent to the applicant by certified mail, under the signature
of the authorized Commission staff in any written, printed, typewritten
or stamped form, within 15 days after the decision has been rendered.
A.
Endorsement and filing of approved plan.
(1)
Following approval or modification and approval of a formal
application, the applicant shall provide to the Land Use Department
an approved final plan on polyester film (mylar), which plan shall
incorporate any modifications or conditions of such approval, and
shall be accompanied by any documents required by these Regulations,
such as bonds, deeds, conservation and drainage easements, etc.
(2)
The final plan - approved on mylar shall include, reproduced
on the face thereof, a signed copy of the Commission's decision
to approve including any conditions or modifications made a part thereof.
(3)
All monumentation (with surveyor's certificate) and all
required subdivision work shall be completed or bonded pursuant to
the Commission's approval action prior to endorsement by the
Commission Chairman, except as may be provided for in accordance with
the provisions of Chapter 7 hereof.
(4)
Upon determining that the final plan - approved properly incorporates
all matters required by the Commission's decision, provided the
conditions of approval, endorsement, bonding and all other requirements
have been satisfied, and by these Regulations the Commission Chairman,
Secretary, and other authorized official from other regulatory authorities
requiring an endorsement of the Commission's approval on the
final plan - approved.
(5)
Endorsed final plan - approved shall be returned to the applicant
in accordance with the provisions of C.G.S. § 8-25.
B.
Filing of final plan - approved.
(1)
Every approved final plan endorsed by the Commission Chairman
or Secretary shall be recorded by the applicant (at the applicant's
cost) in the office of the Town Clerk within 90 days of either 1)
the expiration of the appeal period pursuant to C.G.S., or 2) in the
case of an appeal, the termination of such appeal by dismissal, withdrawal
or judgment in favor of the applicant.
(2)
The Commission may grant up to two ninety-day filing extensions,
provided there are no revisions other than those required by the Commission's
approval action.
(3)
A copy of approved final plan shall be submitted in digital
form as an ArcView shapefile, NAD83 or other compatible form acceptable
to the Town.
(4)
The submission of this Plan in a digital format shall be coordinated
with Town staff.
A.
Revision of final plan - approved.
(1)
Any proposed revision to a subdivision plan that has been previously
approved by the Commission (i.e. an approved final plan) which is
deemed a resubdivision shall follow the same process and procedures
set forth in these Regulations for resubdivisions.
(2)
The proposed revision of any lot line or lot lines, improvements,
or other material feature or matter of an approved final plan and
which does not result in a resubdivision shall be deemed a subdivision
modification of the approved final plan (a.k.a. "subdivision modification").
Any such modifications may be approved by staff. Staff may refer such
modifications to the Commission.
(3)
For any proposed subdivision modification, the applicant must
submit three copies of completed application for subdivision modification
on the prescribed form, which completed application shall include
a proposed amended plan indication all proposed revisions and modifications.
(4)
For each such application, the applicant shall also submit such
additional information and documents as the Commission may require
in order to evaluate the nature and purpose of the proposed modification
or amendment.
(5)
The approval by the Commission of any subdivision modification
shall only modify those provisions of the subject approved final plan
(in effect prior to such approval) as are specifically identified,
and limited by the extents therein identified, by such approval. All
other provisions of said preceding approved final plan shall remain
unaltered.
(6)
If any part of the final plan - approved is altered, changed,
erased or revised in any way after the Commission's approval
is endorsed thereon, the entire final plan - approved shall be null
and void.
(7)
Failure to obtain necessary approvals shall be considered a
violation of these Regulations and may be pursued in accordance with
municipal and state enforcement provisions.
B.
Expiration.
(1)
The expiration provisions of the C.G.S. shall govern for all
subdivision approvals. Except for subdivisions that qualify for longer
approval periods pursuant to statutory provisions, all work associated
with an approved subdivision shall be completed within five years
of the date of approval unless an extension is granted by the Commission
pursuant to statutory provisions.
