[Adopted 9-30-1977]
This article shall be known and may be referred
to as the "Killingworth Road Ordinance."
It is declared that there is a public need to
ensure that all roads which are proposed for acceptance by the municipality
as Town roads and which are to be opened for public travel be planned,
designed and constructed so as to protect the safety and convenience
of the public and to minimize requirements for and costs of future
repairs and maintenance.
No resolution or other action to accept land
for use as a Town road shall be voted upon at any Town Meeting unless
such proposed Town road may lawfully be opened to the public forthwith
upon acceptance and unless the grade, layout, location, width and
improvements thereof shall have been previously approved by the Planning
and Zoning Commission upon application therefor by the owner.
The Planning and Zoning Commission shall adopt,
and may from time to time amend, regulations governing the approval
of the grade, layout, location, width and improvements of land proposed
for acceptance as a Town road. Such regulations shall be designed
to promote the public health, safety and welfare, to assure protection
of the public against the dangers of unsafe roads, to assure protection
of the use, value and enjoyment of premises adjoining roads and to
assure the protection of the Town against costs and expenses in the
repair and maintenance of roads after acceptance which are avoidable
through careful planning, appropriate design and competent construction.
Such regulations may provide for a procedure for preliminary approval
by the Commission of the plans and design of a road to be constructed
with a view to future presentation for acceptance as a Town road and
may provide, as a condition of such preliminary approval, for the
posting of a bond, in an amount and with surety and conditions satisfactory
to the Commission, securing to the Town the actual construction of
such road in conformity with such approved plans and design and with
the Commission's regulations enacted hereunder.
A.
Such regulations may also provide, as a condition
of approval of a completed road, for the posting of bonds, in an amount
and with surety and conditions satisfactory to the Commission:
(1)
Indemnifying the Town against costs and expenses of
labor and materials necessary or appropriate to correct or replace
improper or defective materials or faulty workmanship, including any
damage to any property of the Town resulting therefrom, or to complete
construction in conformity with the standards, criteria and specification
prescribed in such regulations; and
(2)
Indemnifying the Town against liability for personal
injury and property damage caused by any such improper or defective
materials or faulty workmanship, including conditions resulting therefrom.
B.
Such regulations may also require, as a condition
of approval of a completed road, that a Connecticut warranty deed,
in usual form and manner, conveying the land with respect to which
approval is sought to the Town, be delivered in escrow to the Commission,
pending acceptance by the Town, together with a certificate of title,
furnished by an attorney admitted to practice in Connecticut, certifying
that the grantor holds a good and marketable title in fee simple thereto
free and clear of all encumbrances. Such regulations may also provide
for the payment of reasonable filing fees and reasonable inspection
fees necessary to defray administrative costs of the Commission in
carrying out the purposes of this article.
No such regulation nor any amendment thereof
shall become effective until after a public hearing, notice of the
time, place and purpose of which shall have been given by publication
in a newspaper of general circulation in the Town at least twice,
at intervals of not less than two days, the first not more than 15
days nor less than 10 days and the last not less than two days prior
to the date of such hearing. Any such regulation or amendment shall
become effective at such time as is fixed by the Commission, provided
that a copy of such regulation or amendment shall have been filed
in the office of the Town Clerk and notice of the adoption of such
regulation or amendment shall have been published in a newspaper having
a substantial circulation in the Town before such effective date.
Such notice need not set forth the regulation or amendment in full
but may be a general statement of the nature of the regulation or
amendment.
Whenever the Commission shall amend any such
regulation, no road, the plans and design of which shall have been
given preliminary approval by the Commission prior to the effective
date of such amendment, shall be required to conform to the provisions
of such amendment at any time during the period of five years following
the effective date of such amendment, and the Commission shall consider
any application for approval of any such road submitted within such
five-year period on the basis of the regulations as if no such amendment
has been enacted.
A.
No application for approval of a road hereunder (other
that an application for approval of a road wholly within, or for such
portion of a road which is partly within, a subdivision, approval
of the plan of which is simultaneously applied for pursuant to Chapter
126 of the Connecticut General Statutes) shall be acted upon by the
Commission without affording the applicant a hearing thereon. Notice
of the hearing shall be given to the applicant and to the First Selectman,
by registered or certified mail, not less than seven days prior to
the date of the hearing. At any such hearing, the Town, any agency
or commission of the Town, and any public official of the Town, acting
in such capacity, shall have standing to appear and be heard. In addition,
any person owning land which abuts the land with respect to which
such approval is sought shall have standing to appear and be heard
at the hearing thereon.
B.
The Commission may also, in its discretion, permit
any other person to appear and be heard at any such hearing if it
finds, upon application therefor, that such person has a substantial
right, title or interest which will be affected by the Commission's
decision. Any person entitled or permitted to appear and be heard
may be represented by counsel. The Commission shall approve, modify
and approve, or disapprove any application hereunder within 35 days
after the hearing thereon or, if no hearing is required thereon, within
35 days following receipt of the application, provided that an extension
of time not to exceed a further period of 35 days may be had with
the consent of the applicant.
C.
Except as otherwise provided by § 8-26 of
the Connecticut General Statutes in respect of an application for
approval of a road wholly within, or for such portion of a road which
is partly within, a subdivision, approval of the plan of which is
simultaneously applied for pursuant to Chapter 126 of the Connecticut
General Statutes, the failure of the Commission to act upon an application
within the time prescribed hereunder shall not constitute, or be considered
as, an approval. Notice of the decision of the Commission shall be
sent by registered or certified mail to the applicant, and to any
person requesting such notice at the hearing upon the application,
within 15 days after such decision has been rendered. Such notice
shall be a simple statement that such application was approved, modified
and approved, or disapproved, together with the date of such action.
A copy of such notice shall also be sent to the First Selectman.
The provisions of this article and any regulations
adopted hereunder may be enforced by the Commission, which shall be
authorized to cause any place, premises, work or improvements to be
inspected and examined and to order in writing the cessation of any
work when any condition is found to exist in violation of any provision
of this article or any regulation adopted hereunder and to order in
writing the remedying of any such condition, and the Commission may
institute an action or proceeding to prevent or restrain any such
work or to correct or abate any such condition. The Commission may,
in the administration and enforcement of this article or the regulations
thereunder, delegate, by resolution of the Commission, such authority
to inspect premises and work in progress or completed, to order cessation
of work in progress and to order correction or abatement of conditions
or work completed as the Commission may determine necessary or appropriate
to the First Selectman or to any other person designated in such resolution.
Preliminary approval by the Commission hereunder
of the plans and design of a proposed road shall not constitute or
be considered an agreement or representation that such road will be
approved by the Commission when completed. Approval of a completed
road by the Commission hereunder shall not constitute an agreement
or representation that such road will be accepted by the Town for
use as a Town road.
[Amended 6-11-2008]
Any person who violates any regulation adopted pursuant to § 293-7 of this article or who takes part or assists in any such violation shall be fined $250, and each day that such violation continues shall be considered a separate violation hereunder. Any person who, having been served with an order pursuant to the authority conferred in § 293-11 of this article to cease work, to permit inspection of work performed, to correct work performed, to take measures to control erosion or sedimentation or to comply with any provision of regulations adopted pursuant to the authority conferred in § 293-7 of this article, shall fail to comply with such order immediately shall be fined $250, and each day that such failure to comply shall continue shall be considered a separate violation hereunder.
For the purpose of this article, the following
terms shall have the meaning hereinafter assigned to them:
The Killingworth Planning and Zoning Commission.
The First Selectman of the Town.
Any land intended for or used as a way for motor vehicle
travel, including all appurtenant open spaces, sidewalks, drainage
facilities and other improvements.
A subdivision as defined in § 8-18 of the Connecticut
General Statutes, as the same may from time to time be amended, but
not including a resubdivision.
The Town of Killingworth.
Any road accepted by the Town for use by the general public.
The ordinance titled "Road Ordinance" adopted
December 19, 1960, as amended August 29, 1966, and October 1, 1969,
is hereby repealed.
