SUBDIVISION REGULATIONS

Transcription

1 SUBDIVISION REGULATIONS for the Town of North Stonington, Connecticut Effective October 18, 1963 and amended through October 16, 2009

2 TABLE OF CONTENTS 1: TITLE, PURPOSE, AUTHORITY, AND EFFECTIVE DATE Title Purpose Authority Repeal of Prior Regulations Effective Date 1 2: DEFINITIONS 3 3: ADMINISTRATION Applicability Approval and Endorsement Required Easements and Deeds Surety Waivers Enforcement Officer Amendments Effect of Regulation Changes 6 4: APPLICATION PROCESS Preliminary Discussion Formal Application Submission Receipt of Application Notice to the Regional Planning Agency Notice to Adjoining Towns Inland Wetlands and Watercourses Commission Referral Town Health Officer Referral Copies of Applications to Other Agencies Formal Consideration Public Hearing Action by the Commission Notice of Decision Performance Surety Requirements Recording of Easements, Payment of Fees, and Transfer of Land Endorsement of the Plan Recording the Plan Time Limit on Completion 13 i

3 TABLE OF CONTENTS (Continued) 5: SUBDIVISION PLAN REQUIREMENTS General Requirements Reference Maps Boundary Survey Map Site Analysis Plan Construction Plan Erosion and Sediment (E&S) Control Plan Stormwater Management Other Supporting Documents 24 6: SUBDIVISION DESIGN STANDARDS Lots Roads 25 Figure 6-1 Measuring the Length of Cul-de-Sacs Sidewalks and Trails Drainage Flooding Considerations Open Space, Parks, Playgrounds, and Municipal Land Road Signs Easements Protection of Natural and Historic Features Fire Protection 33 Table 6-1 Road Design Standards 34 7: IMPROVEMENT SPECIFICATIONS Monuments Road Grading Road Construction Curbing Sidewalks and Trails Drainage Planting Strips Side Slopes Guide Rails Loaming Road Signs Water Supply Sewage Disposal Underground Services Clean Up 42 ii

4 TABLE OF CONTENTS (Continued) 7.16 Inspection and Control 42 8: VIOLATIONS AND PENALTIES Criminal Civil 45 9: SEPARABILITY 47 10: APPEALS 49 iii

5 1 TITLE, PURPOSE, AUTHORITY, AND EFFECTIVE DATE 1.1 TITLE These Regulations shall be known and may be cited as the Subdivision Regulations, Town of North Stonington, Connecticut, and are herein referred to as "these Regulations. 1.2 PURPOSE These Regulations are intended to insure that land to be subdivided shall be of such character that it can be used for building purposes without danger to health or the public safety; and that proper provision be made for flood control, roads, drainage, utilities, open space, parks, playgrounds, erosion and sedimentation control, and measures that encourage the increased use of solar energy systems and other renewable forms of energy. 1.3 AUTHORITY These Regulations are promulgated by the North Stonington Planning and Zoning Commission, herein referred to as "the Commission, under the provisions of Chapter 126 of the Connecticut General Statutes, Revision of 1958, as amended. Wherever the requirements of the Connecticut General Statutes with regard to these Regulations and the contents thereof shall differ from these Regulations as to procedure or otherwise, the Connecticut General Statutes shall prevail. 1.4 REPEAL OF PRIOR REGULATIONS The Town of North Stonington Subdivision Regulations adopted October 18, 1963 and all amendments thereto, are repealed coincident with the effective date of these Regulations. The repeal of the Subdivision Regulations and all amendments thereto shall not affect, validate, excuse, or impair any act done, offense committed or right accruing, accrued or acquired, or any liability, penalty, forfeiture or punishment incurred, prior to the time such repeal took effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected. 1.5 EFFECTIVE DATE The Regulations, and any amendments or changes hereto, shall be in full force and effect from the date established by the Commission in accordance with the General Statutes of the State of Connecticut. The effective date of these Regulations is July 9, Section 1- Title, Purpose, Authority, and Effective Date Page-1

6 TITLE, PURPOSE, AUTHORITY, AND EFFECTIVE DATE 1 Page-2 Section 1- Title, Purpose, Authority, and Effective Date

7 2 DEFINITIONS For purposes of these Regulations, certain terms and words used herein shall be used, interpreted, and defined as set forth in this section. All other words shall be as defined in Chapter 126 of the Connecticut General Statutes, or shall have commonly accepted definitions. 2.1 APPLICANT Either the owner of the land stated in the application for subdivision, or all the owners where title is held jointly, in common, or in tenancy by the entirety including corporations. An agent, representative, or his assigns may act for an owner, provided written evidence of such fact is submitted. For a corporation, evidence in the form of a list of its officers and designated authority to sign legal documents shall be required. 2.2 AT LEAST The term at least is used in these Regulations to mean equal to or more than. 2.3 COMMISSION Shall mean the Planning and Zoning Commission of the Town of North Stonington. 2.4 CONSERVATION EASEMENT Non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality. 2.5 DATE OF RECEIPT The Date of Receipt of an application shall be the day of the next regularly scheduled meeting of the Commission immediately following the day of the submission to the Commission of an application for subdivision, or thirty-five (35) days after such submission, whichever is sooner. 2.6 HOMEOWNER S ASSOCIATION A legal entity created for the purpose of developing, managing and selling a community of homes. It is given the authority to enforce the covenants, conditions, and restrictions and to manage the common amenities of the development. 2.7 ENGINEER A person registered and legally permitted to engage in engineering practice in the State of Connecticut. 2.8 LOT, FRONT BUILDING A lot with the Front Lot Line abutting the right-of-way of an accessible Town-accepted road or State highway. 2.9 LOT, INTERIOR BUILDING A lot with principal boundaries not abutting a Town-accepted road or State highway, and established in accordance with the requirements of Section 1537 of the Zoning Regulations for the Town of North Stonington Connecticut. Section 2 - Definitions Page - 3

8 DEFINITIONS OPEN SPACE Any land or area, the preservation of which in its present use would: (1) conserve and enhance natural or scenic resources; or (2) protect streams or water supply; or (3) promote conservation of soils, wetlands, or beaches; or (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance recreation opportunities PRINT A blue- or black-line print on white paper by diazo or other similar process, which reproduces exactly the data on the original drawing from which it is made RE-SUBDIVISION A change in a map of an approved or recorded subdivision or re-subdivision if such change (a) affects any road layout shown on such map, (b) affects any area reserved thereon for public use, or (c) diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map ROAD An improved right-of-way accepted for public use by lawful procedure; or a proposed road shown on the subdivision plan under consideration or on one previously approved by the Commission SUBDIVISION The division of a tract or parcel of land into three or more parts or lots subsequent to October 18, 1963, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation, or agricultural purposes, and including resubdivision SURVEYOR A person licensed and legally permitted to practice land surveying in the State of Connecticut TOWN Shall mean the Town of North Stonington, Connecticut UTILITIES Utilities include water pipes; steam pipes; sewer pipes; gas mains; electric conduits; television, telephone and other communications cables; storm drains; and other similar service lines, facilities and equipment. Page - 4 Section 2 - Definitions

9 3 ADMINISTRATION 3.1 APPLICABILITY These Regulations shall be applied to subdivision and resubdivision of land within the Town of North Stonington. 3.2 APPROVAL AND ENDORSEMENT REQUIRED No person or other entity shall make a subdivision of land, or sell or offer for sale lots from a subdivision, until a plan for such subdivision has been approved by the Commission and has been filed or recorded by the Town Clerk. No such plan shall be recorded or filed by the Town Clerk until its approval has been endorsed thereon by the chairperson of the Commission, and the filing or recording of a subdivision plan without such approval shall be void. 3.3 EASEMENTS AND DEEDS Any open space, parks or playgrounds to be dedicated to the Town, and any easements for storm drainage, sanitary sewers, or rights of way to be dedicated to the Town, shall be confirmed by written conveyance and certificate of title describing the land involved and privileges of the Town in a form satisfactory to legal counsel as designated by the Commission. Open space, parks, playgrounds, easements and rights of way which are not to be dedicated to the Town shall also be confirmed by written conveyance (certificate of title), or other appropriate documentation suitable for filing in the Land Records, approved as to form by legal counsel as designated by the Commission, describing the land involved and the privileges of the owner of the open space, easement or right of way. Suitable recordable documents shall be submitted to the Commission prior to endorsement of the subdivision plan. The Commission shall accept from the applicant all easements, fees, and land associated with the subdivision approval as required by these Regulations, including, but not limited to, easements for the construction of roads, drainage features, the installation of monuments and markers, the grading and improvement of recreation facilities, clean-up of the premises and measures to be taken to control soil erosion and sedimentation likely to occur from the proposed subdivision, the dedication of conservation easements, and/or the dedication of land for open space. 3.4 SURETY In lieu of the completion of proposed public work, the Commission may require a subdivider to file a surety, performance or maintenance guarantee with the Town. The amount of the surety must be sufficient to protect the Town from any expenses incurred, or necessary to complete the required work of the subdivision. The surety shall satisfy the following requirements The surety shall be cash or other form satisfactory to legal counsel as designated by the Commission The amount of the surety shall be set by the Commission in consultation with the Town Engineer and/or other qualified party. The amount shall be set twenty (20) percent higher than the estimated cost of construction of the work to allow for inflation and expenses incurred by the Town in overseeing any necessary construction The Commission shall state the improvements or group of improvements that the guarantee secures the completion of, and shall state the amount for each improvement or group of improvements. Section 3 - Administration Page-5

10 ADMINISTRATION The Commission shall not authorize the full release of the surety until it has determined that all improvements subject to the surety have been completed The Commission may, at its discretion, recommend reducing the amount of the surety as work progresses The Commission shall set the time period within which the work covered by the surety shall be completed. 3.5 WAIVERS The Commission may waive a requirement of these Regulations as specified below, or as specifically stated within a subsequent section, by a 3/4 vote of all the members of the Commission, in cases where conditions exist that affect the subject land and that are not generally applicable to other land in the area, except that no waiver shall be granted that would have a significant adverse effect on adjacent property or on public health and safety. Waivers may be granted only when the Commission deems that strict compliance with these Regulations would not to be in the best interests of the Town or the general public. Requests for waivers shall be submitted in writing, specifying each section of these Regulations to be waived and the reason for the waiver The Commission may waive specific provisions within Section 5 (Subdivision Plan Requirements). 3.6 ENFORCEMENT OFFICER The Commission may designate the Chairperson, a member of the Commission, or any other person it deems appropriate as the enforcement officer of these Regulations. 3.7 AMENDMENTS These Regulations may be amended, changed, or repealed in accordance with the Connecticut General Statutes. Amendments shall become effective at such time as is fixed by the Commission, provided a copy of such change shall be filed in the Town Clerk s office and notice of the decision shall have been published in a newspaper having substantial circulation in the Town before such effective date. 3.8 EFFECT OF REGULATION CHANGES Subdivision Applications that are complete, and contain all information required by these Regulations when filed shall be protected from subsequent changes in the Subdivision Regulations to the extent provided in Connecticut General Statutes 8-28a and 8-28b. Page - 6 Section 3 - Administration

11 4 APPLICATION PROCESS 4.1 PRELIMINARY DISCUSSION The Commission recommends that subdivision applicants come to a Commission meeting for a preliminary discussion prior to submitting a formal application. Persons wishing to do so should notify the Commission seven (7) days prior to the meeting date. A preliminary discussion is not a substitute for a formal application, and neither an applicant nor the Commission is bound by the comments made during a preliminary discussion. The Commission can only make binding decisions after a formal application is submitted Optional Sketch Plan A. Purpose. The Pre-application Sketch Plan is a general layout of a proposed subdivision submitted by the future subdivider for informal consideration by the Commission, prior to a formal submission of an application for approval. A Preapplication Sketch Plan shall not be required prior to submission of an application, but applicants are encouraged to use it as a means of ensuring that basic requirements can be met prior to incurring engineering, application, and legal fees involved with submission of the required application and plan. It should be clearly understood that the Pre-application Sketch Plan enjoys no official legal status and that consent with regard to feasibility of the Pre-application Sketch Plan on the part of the Commission in no way predicates approval of the required plan. A Pre-application Sketch Plan is encouraged in the interest of improved communication between the applicant and the Commission with regard to intent and general design, but it is at the sole discretion of the applicant. B. Contents. The Pre-application Sketch Plan may be drawn on tracing paper with pencil at a suitable scale, which will show sufficient information about the subdivision to present a clear picture of its scope and impact. To be effective, the Pre-application Sketch Plan should show: 1. the subdivision name, boundaries, true north point, date, and scale; 2. the names and address of the record owner and the applicant; 3. approximate locations of all major site features such as existing streams, water bodies, stonewalls, large trees, rock ridges, outcroppings, and regulated soil; 4. the names and approximate location of existing adjacent roads and proposed roads; 5. the total site area, the total number of proposed lots, the general configuration of the proposed lot boundary lines, and approximate area of each proposed lot; 6. areas dedicated or reserved for purposes other than residential use; and 7. subsurface soil conditions based on results of random soil pit tests distributed evenly over the proposed subdivision tract. 4.2 FORMAL APPLICATION SUBMISSION Any person intending to subdivide land in the Town of North Stonington shall submit an application as prescribed herein to the Commission. Fifteen (15) copies of the plan shall be submitted, plus a copy of the list of property owners within one hundred (100) feet of the parcel being subdivided, including the names of all property owners, street address per the Assessor s Section 4 Application Process Page- 7

12 APPLICATION PROCESS 4 map, and Assessor s map(s) and parcel number(s) for each property. Such list shall be provided at the time of application along with the completed application form and required fee. Application forms are available from the Land Use Office. Applications and related documents shall be submitted by mail or by hand to the Commission at the Land Use Office in the Town Hall. Applications received less than seven (7) days before a regularly scheduled meeting will be considered received as set forth below, but the Commission will not be required to consider such s on the agenda of the upcoming meeting A complete application consists of a written application completed in full on forms provided by the Commission, and signed by the applicant or lawful agent. If the applicant is not the owner of the land, the owner shall sign also. The application form shall contain a list of all items submitted as part of the application, including a breakdown of the fee paid. The Commission shall make final determination of completeness of the application. An incomplete application may be grounds for denial. The application includes an agreement to be signed by the owner of the land, granting officials and agents of the Town and of the Commission permission to enter onto any part of the land that is the subject of the application, for the purposes of inspection and, in the event of the failure of the applicant to make required improvements, in order to make such improvements The applicant must submit all required fees and file a copy of the completed application and all necessary maps, and any revisions to the application or maps, showing all the information required by these Regulations, with the Town Clerk, for public inspection at the time of application to the Commission. Any additional information and/or revised plans must also be submitted to the Town Clerk at least five (5) working days before a scheduled public hearing or continued meeting if no public hearing is held. The fees paid via check or money order shall be made payable to the "Town of North Stonington" in accordance with the Schedule of Fees posted in the office of the Town Clerk. 4.3 RECEIPT OF APPLICATIONS The official date of receipt of applications and requests shall be the date of the next regularly scheduled meeting of the Commission immediately following the day of submission at the Land Use Office, or thirty-five (35) days after such submission whichever is sooner. The official date of receipt for applications and requests submitted at a regular or special meeting shall be the date of the next regularly scheduled meeting or thirty-five (35) days after such submission, whichever is sooner. 4.4 NOTICE TO THE REGIONAL PLANNING AGENCY In accordance with Connecticut General Statute 8-26b, whenever a proposed subdivision abuts or includes land in another Connecticut municipality, the Commission shall notify the regional planning agency of the pendency of the subdivision application. Such notice shall be made by certified mail, return receipt requested not later than thirty (30) days before the public hearing to be held in relation thereto. A regional planning agency receiving such notice shall, at or before the hearing, report to each such planning commission and to the proponent of such subdivision on its findings on the intermunicipal aspects of the proposed subdivision, including street layout, storm drainage, sewer and water service and such other matters as it considers appropriate. If such report of a regional planning agency is not submitted, at or before the hearing, it shall be presumed that such agency does not disapprove of the proposed subdivision. Page - 8 Section 4 Application Process

13 4 APPLICATION PROCESS 4.5 NOTICE TO ADJOINING TOWNS In accordance with Connecticut General Statutes Section 8-7d(f), the Commission shall notify the clerk of an adjoining town of any application in which one or more of the following apply: (a) any portion of the property affected by a decision of such commission, board or agency is within five hundred (500) feet of the boundary of the adjoining municipality; (b) a significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; (c) a significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or (d) water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven (7) days of the date of receipt of the application, petition, request or plan. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, appeal, request or plan. 4.6 INLAND WETLANDS AND WATERCOURSES COMMISSION REFERRAL If an application involves land regulated as an inland wetland or watercourse under the provisions of the Connecticut General Statutes, Chapter 440, the applicant shall submit an application to the agency responsible for administration of the inland wetlands regulations no later than the day the application is filed for the subdivision or re-subdivision. The Commission shall not render a decision until the inland wetlands agency has submitted a report with its final decision to such Commission. In making its decision the Commission shall give due consideration to the report of the inland wetlands agency If the proposed subdivision involves the relocation or alteration of any stream having a watershed of more than three (3) square miles or an average stream flow greater than five (5) cubic feet per second, the Commission shall notify adjacent communities within the watershed and the Water Resources Unit of the Connecticut Department of Environmental Protection, prior to approving any alteration or relocation of a watercourse, and submit copies of such notices to the Federal Insurance Administrator. (This provision is intended to satisfy requirements of the National Flood Insurance Program.) 4.7 TOWN HEALTH OFFICER REFERRAL The applicant shall submit a copy of the application to the Health Officer or his or her designated agent for review at the time of application to the Commission and any additional information and/or revised plans at least five (5) working days before such scheduled public hearing or continued meeting if no hearing is held. The project developers Engineer shall complete, in its entirety, sign and seal Form #2 Investigation for Sewage Disposal System as provided in the Technical Standards of the Public Health Code (as amended) for each proposed lot. System design should be based upon a four (4) bedroom house design. The Engineer should take into account the system spread necessary by the Minimum Leaching System Spread (MLSS) calculation. The conceptual layout on the subdivision plan shall show the footprint of a four (4) bedroom house, the septic tank, the leaching field and the one hundred (100) percent reserve area. Any subdivision, which is revised and/or resubmitted with a reconfiguration of the lots and/or lot lines, will require resubmission of a complete set of Form #2s for the subdivision indicating on Section 4 Application Process Page- 9

14 APPLICATION PROCESS 4 the sheets which lots were changed and which did not change. A revised subdivision plan shall also be resubmitted with revisions to the conceptual plot layout for each lot. The developer is required to inform the Health Officer, or his or her designated agent, of the testing schedule for the on-site investigations. Any lots with severe soil types, excessive slope, extensive wetland, or limited area should be identified in the schedule. 4.8 COPIES OF APPLICATIONS TO OTHER AGENCIES The applicant must file a copy of the completed application and all necessary maps, showing all information required by these Regulations, with the Fire Marshall, Fire Chief, Board of Selectmen, Assessor, Inland Wetlands and Watercourses Commission, and the Zoning Enforcement Officer at the time of application to the Commission, and any additional information and/or revised plans at least five (5) working days before such scheduled public hearing or continued meeting if no hearing is held. 4.9 FORMAL CONSIDERATION The Commission in its formal consideration of the application shall follow the following procedures The Commission shall determine whether the application submitted is complete and meets the requirements of the Regulations. If the application is not complete, the Commission may, in its discretion, deny the application or allow the applicant additional time to complete it The Commission may transmit copies of the maps and plans to other boards and Commissions, other public agencies and officials, and to consultants that, in the opinion of the Commission, may be advisable for their information, review and recommendations Whether or not a public hearing is held, every applicant shall be afforded the opportunity to appear before the Commission to discuss the application before final action by the Commission If there are infrastructure improvements/work proposed or required as part of the subdivision, then the application shall not be approved by the Commission without the Town Engineer s review and recommendation(s) regarding the construction and grading plans. Prior to endorsement by the Commission, the Town Engineer shall sign the appropriate drawings as having been reviewed PUBLIC HEARING The commission may hold a public hearing regarding any subdivision proposal if, in its judgment, the specific circumstances require such action. Provided that no plan of re-subdivision shall be acted upon by the commission without a public hearing, such public hearing shall be held in accordance with the provisions of the Connecticut General Statutes, Chapter 124, Section 8-7d (the public hearing shall: commence within sixty-five (65) days after receipt of the application; be completed within thirty-five (35) days after such hearing commences; and decisions shall be rendered within sixty-five (65) days after completion of such hearing; however, the applicant may consent to one or more extensions of any period specified herein provided the combined extension(s) of all such periods shall not exceed sixty-five (65) days). If a public hearing is not Page - 10 Section 4 Application Process

15 4 APPLICATION PROCESS held the Commission shall render a decision with sixty-five (65) days of the receipt of the application. If the land subject to the application, contains inland wetlands and the application was referred to the appropriate commission, the Commission shall wait to render its decision until the Inland Wetlands Commission has submitted a report with its final decision; and the time period for a decision by the Commission may be extended to thirty-five (35) days after the decision of the Inland Wetlands Commission ACTION BY THE COMMISSION The Commission shall approve, modify and approve, or disapprove any subdivision or resubdivision application or maps and plans submitted therewith, including existing subdivisions or re-subdivisions made in violation of this section, within the period of time permitted under Connecticut General Statutes, Chapter 124, Section 8-7d, as amended NOTICE OF DECISION A copy of any decision shall be sent by certified mail to the person who submitted the application within fifteen (15) days after such decision is rendered. The commission shall publish notice of decision in a newspaper having a general circulation in the municipality within fifteen (15) days after such action or decision. In any case in which such notice is not published within the fifteen (15) day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within ten (10) days thereafter PERFORMANCE SURETY REQUIREMENTS Prior to endorsement of a subdivision, the Commission may require that the applicant post a performance surety with the Town, in an amount and form agreeable to the Commission. The type of surety shall be solely determined by the Commission. Such surety is intended to guarantee satisfactory completion of any required site improvements. Whenever the Commission has required such performance surety, no endorsement of the approved plans shall occur and no mylars shall be recorded with the Town Clerk until the applicant has delivered the required security to the Commission, or its delegated representative, in the required amount and form The applicant shall submit to the Commission, with any application for subdivision or resubdivision, an estimate of the costs of any proposed site improvements. This estimate shall contain a separate inflation factor for the estimated improvement period. The Commission may refer such estimate to its own engineer for the estimate of costs, and the amount of the final cost estimate, as determined solely by the Commission, shall be the amount of the performance surety The surety, as posted, shall name as principal both the applicant and the record owner of the premises. The Commission may direct that the security be issued in the form of a savings passbook of an FDIC insured bank with an office in Connecticut, with the Town being named as the sole owner of the account; an irrevocable letter of credit issued by an FDIC insured bank with offices in Connecticut which provides for presentment in Connecticut; or a bond with surety by an insurance company authorized by the Connecticut Insurance Department to do business in Connecticut, and issue bonds in Connecticut. The Commission preferred types of security are as follows: first, cash; second, irrevocable letter of credit; and third, insurance bond. Section 4 Application Process Page- 11

16 APPLICATION PROCESS 4 A. The Commission may provide for the reduction of the surety as site improvements are completed to the satisfaction of the Commission (report by Zoning Enforcement Officer required). The amount of any reduction shall be in the sole discretion of the Commission. B. The Commission may require a portion of the initial surety to be held as a maintenance surety for items including but not limited to landscaping, soil erosion and sediment control measures, and storm drainage infrastructure that may need monitoring beyond the granting of a certificate of zoning compliance. The commission shall stipulate the time period for the maintenance surety not to exceed one (1) year. Before release of the performance surety held by the Commission, a maintenance surety shall be submitted which shall be in an amount equal to ten (10) percent of the performance surety or $2,500, whichever amount is greater, and which shall be retained by the Commission for one year. The purpose of the maintenance bond is to guarantee correction of any construction failures related to the subdivision. C. The surety shall be held by the Town Treasurer until its release is authorized by the Commission and not before the improvements have been completed and as-built plans (if required) are submitted to the Commission. Where new roads are involved, the surety shall not be released until such roads are certified as completed by the First Selectman. The Commission shall not release the entire surety until it receives certification from the Zoning Enforcement Officer that compliance with these Regulations has been met and that no maintenance surety is required RECORDING OF EASEMENT, PAYMENT OF FEES AND TRANSFER OF LAND Prior to endorsement of the subdivision plan, the Commission shall accept from the applicant all easements, fees, and land (actual land transfer or executable deed with certificate of title) associated with the subdivision approval as required by these Regulations, including, but not limited to, easements for the construction on roads, drainage features, the installation of monuments and markers, the grading and improvement of recreation facilities, clean-up of the premises and measures to be taken to control soil erosion and sedimentation likely to occur from the proposed subdivision, the dedication of conservation easements, and/or the dedication of land for open space ENDORSEMENT OF THE PLAN If the Commission votes to approve a plan or modify and approve a plan, its approval with the date thereof, together with a statement of any modifications applying to such approval, shall be endorsed and signed by the Chairman or Secretary of the Commission in the space provided for such purpose on each sheet of a mylar copy of the plan provided by the applicant. In addition to above, the applicant shall provide three (3) paper copies of the endorsed plan. Each paper copy shall contain same seals and live signatures that are required and appear on the mylar(s) The Chairman or Secretary of the Commission shall, when endorsing the plan, indicate on the plan the date by which all improvements shown on the plan shall be completed in accordance with these Regulations RECORDING THE PLAN The endorsed mylar copy of the plan shall be filed by the applicant in the office of the Town Clerk and any plan not so filed within ninety (90) days of the date such plan is delivered to the Page - 12 Section 4 Application Process

17 4 APPLICATION PROCESS applicant or within ninety (90) days of the date upon which such plan is taken as approved by reason of failure of the Commission to act, shall become null and void, except that upon request by the applicant, the Commission may extend the time for such filing for as long as two (2) additional periods of ninety (90) days, and the plan shall remain valid until the expiration of such extended time. No such plan shall be filed or recorded by the Town Clerk until the Chairman or Secretary of the Commission has endorsed its approval in writing on such plan One (1) print of the approved plan shall be filed with the Assessor Two (2) prints of the approved plan shall be filed with the Zoning Enforcement Officer The applicant shall provide a digital copy of the approved plans in a format acceptable to the Town s IT/GIS Coordinator TIME LIMIT ON COMPLETION Any person, firm or corporation making any subdivision of land shall complete all work in connection with such subdivision within five (5) years after the approval of the plan for such subdivision, which completion data shall be noted on the plan by the Chairman or Secretary of the Commission at the time of the approved plan Failure to complete all work within such five (5) year period shall result in automatic expiration of the approval of such plan, provided the Commission shall file on the land records of the Town of North Stonington notice of such expiration and shall state such expiration on the subdivision plan on file in the office of the Town Clerk, and no additional lots shall be conveyed in the subdivision by the subdivider or his/her successor in interest as such subdivider except with approval by the Commission of a new application for subdivision of the subject land. If lots have been conveyed during such five (5) year period, the Commission shall call the bond or other surety on said subdivision to the extent necessary to complete work required to serve those lots. Work for purposes of this section means all physical improvements required by the approval of the plan, other than the staking out of lots, and includes but is not limited to, the construction of roads, storm drainage facilities and water and sewer lines, the setting aside of open space and recreation areas, installation of telephone and electrical services, planting of trees or other landscaping, and installation of retaining wall or other structures. Section 4 Application Process Page- 13

18 APPLICATION PROCESS 4 Page - 14 Section 4 Application Process

19 5 SUBDIVISION PLAN REQUIREMENTS 5.1 GENERAL REQUIREMENTS Fifteen (15) copies of all maps, plans, and profiles shall be submitted with the application and fee, and unless otherwise permitted by these Regulations, be clear and legible, and conform to the current Recommended Standards for Surveys and Maps in the State of Connecticut as adapted by the Connecticut Association of Land Surveyors. The maps shall be prepared and sealed by a Connecticut Licensed Land Surveyor and/or Connecticut Licensed Professional Engineer and shall be presented on good-quality white paper prints and shall be not larger than thirty-six (36) by twenty-four (24) inches in size. All such prints shall have a minimum one half (.5) inch border on three (3) sides and minimum two (2) inch border on the left side. If more than one (1) sheet is submitted, they shall be bound. All such prints shall bear the following information: All sheets shall contain a title block with the following: A. statement of subdivision or re-subdivision; B. the name or title of the subdivision and the words, North Stonington, Connecticut; C. the name and address of the owner of the tract; D. the original date of preparation of the map and revisions thereto; and, E. the identity of person or company who prepared or was responsible for preparing each sheet The scale of the drawings/map Each map and plan (except for vertical profiles) shall contain a north arrow which shall, when practical, be consistent on all drawings and shall be to the top, or right side of sheet depending upon the shape of the subdivision. The type of north used shall be clearly marked. When the parcel is within 1,000 feet of a Connecticut grid point, Connecticut Grid North shall be used Where only a part of the subdivision is shown on the sheet, an Index map shall show its location in relation to the whole subdivision (see Section 5.2.3). All corresponding sheets shall show appropriate match lines The subdivision map is to be filed in as a permanent record in the Town Land Records, and shall meet the accuracy standards of an A-2 survey as specified in the Code of Recommended Practice for Standards of Accuracy of Survey and Maps by the State Board of Registration for Professional Engineers and Land Surveyors of the State of Connecticut. The Commission may accept a Class D survey, subject to the above referenced code, for a large parcel of land not proposed for sale or development or to establish the perimeter ownership boundary of a large parcel where a portion of the parcel is proposed for subdivision and shall be subject to an A-2 survey Suitable space to record the action of the Commission and the signature of the Chairman or Secretary of the Planning and Zoning Commission. The plan shall contain the following statement: The Subdivision Regulations of the Town of North Stonington, Connecticut are a part of this plan, and approval of this plan is contingent on compliance with all requirements of Section 5 Subdivision Plan Requirements Page- 15

20 SUBDIVISION PLAN REQUIREMENTS 5 these regulations except for such variances or modifications as may be made in writing by the North Stonington Planning and Zoning Commission and attached hereto Name, registration, original seal, and signature of the land surveyor or engineer, or both, that prepared the drawing. 5.2 REFERENCE MAPS Location Map. The Location Map shall be at a scale not smaller than one (1) inch equals 1,000 feet and shall show the location of the proposed subdivision and all existing roads and watercourses within 5,000 feet of it. If space permits, the key map may be included as an insert map on the boundary survey map. The key map may be a simple tracing Assessors and Soils Map. This map contains a lot layout on the scale of one (1) inch equals two hundred (200) feet, showing lot lines and soil types Property history map. The property history map shall show the parcel of land existing on October 18, 1963 of which the proposed subdivision is a part and all divisions of that parcel since. (October 18, 1963 is the date of adoption of subdivision regulations in the Town.) A. Scale of 1 = 200' (corresponding to the assessor s maps). B. A table including dates and names of grantees and grantors for all transfers of related land and easements following October 18, C. Existing property lines and road right of way lines, including those for land trust preserves and Town open spaces within five hundred (500) feet of the perimeter boundary of the area to be subdivided. 5.3 BOUNDARY SURVEY MAP This map shall show property to be divided into lots at a scale of one (1) inch equals forty (40) feet, although a scale of one (1) inch equals fifty (50) feet will also be acceptable. The boundary survey map shall show the following: Boundaries, dimensions, and acreage of the property to be subdivided to Class A-2 standard, unless otherwise permitted Boundaries of properties and names of current property owners within one hundred (100) feet of the proposed new building lots Locations of wetlands and watercourses as delineated in the field by an appropriately certified soil scientist, aquifers, and ledge (greater than two hundred (200) square feet). A. Signature block for the soil scientist certifying that all wetland and watercourses have been delineated or that there are none on the property. Live signature shall be shown on the plans submitted to the Commission at the time of application Boundaries, dimensions, angles, bearings, area in square feet and in acres, and lot numbers of all proposed lots (lot areas may be shown in tabular form on the same sheet) All existing buildings, stone walls, cart paths, cemeteries. Page - 16 Section 5 Subdivision Plan Requirements

21 5 SUBDIVISION PLAN REQUIREMENTS All existing and proposed monuments, pipe markers, stone piles, and any other physical evidence concerning property boundaries Locations of all existing and proposed easements, right-of-way, drainage rights, and open space Existing and proposed contours at two (2) foot intervals or at intervals as required by the Commission. The Commission shall require Class T-2 or T-3 accuracy for the topographic data. Additional spot elevations may be required where necessary to indicate drainage patterns. Elevations shall be referred to U.S. Geological Survey datum Maps shall designate Flood Hazard Zones for the subdivision. Subdivisions greater than fifty (50) lots or five (5) acres (whichever is less) shall include base flood 100-year storm) elevation data for that portion of the subdivision located within "A" Zones of the Flood Hazard Boundary Map or Flood Insurance Rate Map of North Stonington Areas of each proposed lot exclusive of areas designated as inland wetlands and watercourses by the Town s Inlands Wetlands and Watercourses Commission Any reserved areas for water courses and wetlands protection or for conservation areas The words Approved by the North Stonington Planning and Zoning Commission with designated spaces provided for the date and signature of the Chairman or Secretary of the Commission. 5.4 SITE ANALYSIS PLAN The purpose of the site analysis map is to enable the Commission to evaluate the impact of the proposed subdivision on the land that is the subject of the Application, on neighboring parcels, and all the natural and historic resources and features of the area. Where so much information drawn on any one sheet would make reading the sheet confusing, the information required on the site analysis map may be placed on more than one sheet as long as information on one can easily be related to information placed on the other. The site analysis map shall contain and conform to the following: Boundaries, dimensions, and acreage of the property to be subdivided to Class A-2 standard, unless otherwise permitted Boundaries, dimensions, angles, bearings, area in square feet and in acres, and lot numbers of all proposed lots (Lot areas may be shown in tabular form on the same sheet) A chart showing the dimensional requirements required by Section 1300 of the Zoning Regulations (i.e. setbacks, buildable area, frontage etc.) and how the proposed subdivision will comply with the regulations Existing and proposed contours at two-foot intervals or at intervals as required by the Commission. The Commission shall require Class T-2 or T-3 accuracy for the topographic data. Additional spot elevations may be required where necessary to indicate drainage patterns. Elevations shall be referred to U.S. Geological Survey datum Designated Flood Hazard Zones for the subdivision. Subdivisions greater than fifty (50) lots or five (5) acres (whichever is less) shall include base flood 100-year storm) elevation data for that portion of the subdivision located within "A" Zones of the Flood Hazard Boundary Map or Flood Insurance Rate Map of North Stonington. Section 5 Subdivision Plan Requirements Page- 17

22 SUBDIVISION PLAN REQUIREMENTS Locations of wetlands, watercourses, and wetland buffers (as delineated in the field by an appropriately certified soil scientist), and the location of aquifers, and ledge (greater than two hundred (200) square feet). A. Signature block for the soil scientist certifying that all wetland and watercourses have been delineated or that there are none on the property. Live signature shall be shown on the plans submitted to the commission at the time of application. B. In addition to the wetlands delineation, all soil types shall be shown per the Soil Survey of New London County, Connecticut Boundaries of any sub-regional watersheds that lie within the site, as shown on maps available from the Natural Resources Center of the Department of Environmental Protection All existing stonewalls, cart paths, and cemeteries All existing and proposed monuments, pipe markers, stone piles, and any other physical evidence concerning property boundaries Locations of all existing and proposed easements and/or deed restrictions affecting the property, including right-of-ways, drainage rights, and conservation and/or open space areas The location of existing and proposed drainage facilities on the site and those off-site that may be affected by the proposed activity, as well as any points of collected drainage discharges (i.e. discharges other than natural sheet flow) onto or off of the site Location of proposed septic-leach field systems and reserve fields, showing distances to adjacent land, distances from all wells within two hundred (200) feet (on or off the tract), and distance from any manure handling systems Location of percolation test holes and deep hole tests for each lot, keyed to Sanitary Report Location of proposed wells and water sources for each lot, keyed to Sanitary Report Any reserved areas for watercourses and wetlands protection or for conservation areas Areas proposed for preservation as open space and/or conservation easements Wooded areas, specimen trees (exceeding thirty (30) inches diameter at breast height (DBH), five (5) feet above the ground), and any unique and fragile natural features The general location of any State and Federal endangered species, and/or species of special concern and/or significant natural communities shall be shown on the plans Stonewalls and monuments, and other structures having historical significance Archaeological sites including those known to the State Archaeologist s Office. The Commission may require the Applicant to submit a report from the State Archaeologist s Office Historic buildings and sites listed on the National Register of Historic Places Location of existing and proposed buildings and structures and the number of bedrooms in each. Page - 18 Section 5 Subdivision Plan Requirements

23 5 SUBDIVISION PLAN REQUIREMENTS Location of all proposed utilities Location of existing and proposed driveways Show sight line information at proposed driveway cut(s), and a statement that plans have either been submitted to the DOT for review, or that a review by the DOT is not required Existing and proposed street and lot lines The information required in Section 5.5, Construction Plans, may be included on the site analysis map. 5.5 CONSTRUCTION PLAN A Construction Plan, drawn at a scale of one (1) inch equals forty (40) feet, shall be submitted when any type of construction, such as roads, drainage, water supply or sewer systems, retaining walls, etc., is to be carried out in connection with the subdivision. The Construction Plan shall be prepared and sealed by a Connecticut Licensed Professional Engineer. All construction shall be in accordance with these Regulations or with the current issue of the Connecticut Department of Transportation, Bureau of Highways Standard Specifications for Roads, Bridges, and Incidental Construction any supplements and amendments thereof. The Construction Plan shall include the following where applicable: Plan and profiles for all proposed roads, showing the following information. A. Existing surface elevation along the centerline. B. Locations, bearings, curve data, including arc length, radii and central angles, proposed grades, vertical curves with centerline elevations every fifty (50) feet, except that such information shall be provided at ten (10) foot intervals within eighty (80) feet of the centerline cross point of an intersection. C. Locations, size, and invert elevations of existing and proposed storm drains, catch basins, manholes, bridges, culverts, out-falls, and other drainage features. D. Location, size, and invert elevations of proposed sewers, if any. E. Location and size of all water supply and distribution facilities and hydrants. F. Cross-sections at twenty-five (25) foot intervals where existing terrain slopes more than ten (10) percent. G. Sidewalk location, if any, and location of road paving and curbs within the right-ofway. H. Location of road signs, trees, and other special landscape features to be installed by the applicant. I. Road names Where drainage systems are to be constructed, one (1) copy of the Construction Plan shall be suitably marked to show watershed data used in the design of such systems and shall be accompanied by all calculations used in the drainage system In the case of retaining walls or other special features, a drawing to a scale of one half (.5) inch equals one (1) foot of all such details shall be furnished. Section 5 Subdivision Plan Requirements Page- 19

24 SUBDIVISION PLAN REQUIREMENTS The words Date of Completion of All Work with designated space for the date and initial of the Chairman or Secretary of the Commission. 5.6 SOIL EROSION AND SEDIMENT CONTROL PLAN (SE&SC) Whenever plans for a subdivision show construction or improvements or buildings related to the subdivision that will result in the disturbance of more than one half (.5) acre of land, the applicant will submit, as part of the subdivision plan, SE&SC Plan that presents, in mapped and narrative form, the measures to be taken to control erosion and sedimentation both during and after construction. Exempted from the provisions of this section are single-family residences that are not part of a subdivision. The SE&SC Plan shall be based on Connecticut Guidelines for Soil Erosion and Sediment Control, available from the Natural Resources Center of the Connecticut Department of Environmental Protection The SE&SC Plan shall include the following information: A. a description of the project and a schedule of the major activities to be constructed on the land; B. locations of wetlands and watercourses; C. locations of areas to be stripped of vegetation; D. locations of areas to be regraded and contour data indicating existing and proposed grades; E. a schedule of operations, including the sequence of major improvement phases such as clearing, grading, paving, installation of drainage features, and the like; F. seeding, sodding, or revegetation plans and specifications for all unprotected or unvegetated areas; G. location, design, and timing of structural control measures, such as diversions, waterways, grade stabilization structures, debris basins, and the like; and the narrative shall indicate design criteria used in the design of control measures; H. a description of procedures to be followed to maintain sediment control measures; and, I. the plan map shall show the words: Soil Erosion and Sediment Control Plan Certified by Vote of the North Stonington Planning and Zoning Commission on (date), and a space for the signature of the Chairman or Secretary of the Commission After review of the SE&SC Plan by the Commission or its designee, the Commission shall certify that the plan is in compliance with these Regulations. A vote of the Commission to approve a subdivision plan constitutes approval of the SE&SC Plan as well The Commission, through its members, agents, and consultants, shall periodically inspect construction projects for which SE&SC Plans have been certified to verify that soil erosion and sediment controls are consistent with the certified plan The surety required for improvements in connection with the proposed subdivision shall be required to be sufficient to cover the costs of accomplishing the SE&SC measures. Page - 20 Section 5 Subdivision Plan Requirements

25 5 SUBDIVISION PLAN REQUIREMENTS 5.7 STORMWATER MANAGEMENT Purpose and Authority. Increased development without proper consideration of stormwater impacts is a significant source of pollution to surface and ground water. These water resources are valuable natural, economic, recreational, cultural, and aesthetic resources, and their protection and preservation is in the public interest and essential to the health, welfare, and safety of the citizens of the Town. Stormwater management systems shallbe designed to manage site runoff to minimize or eliminate surface and groundwater pollution, prevent flooding, control peak discharges and provide pollutant renovaton.design of a stormwater management system shall be in accordance with the Connecticut Department of Environmental Protection Connecticut Stormwater Quality Manual (CSQM) as amended and the Connecticut Department of Transportation Drainage Manual. The provisions of these Regulations are pursuant to Connecticut State Statutes and shall apply to all development occurring within the Town. The provisions of this section of these Regulations shall be the minimum requirements for stormwater management plans in the Town of North Stonington, and the enactment of this Regulation shall not preclude the application of applicable town, state and/or federal regulations to the facilities regulated thereby. It is recommended that all applicants meet with the Town Engineer Applicability. A Stormwater Management Plan is required for any development requiring a Site Plan or for a Subdivision/Re-subdivision that involves the disruption, clearing or removal of ground cover or soil material, or the creation of impervious surfaces in an area greater than one (1) acre, or one half (1/2) acre if located in the Seasonal Use or Aquifer Protection Overlay Area. The stormwater management plan is to be designed to be consistent with the CSQM as amended. The Commission shall use the standards and criteria for decision outlined in the CSQM as amended when reviewing the Stormwater Management Plan Design Criteria A. Sedimentation. The system shall remove eighty (80) percent of the annual solid pollutant loading. CSQM guidelines shall be used in such calculations unless other methodologies have prior approval of the Town Engineer. B. Stormwater Flow. Provide individual watershed stormwater flows across the site boundary (property line) equal to or less than the pre-existing condition. In other words, flows may not be increased within any watershed after development unless, based on recommendations of the Town Engineer, it can demonstrated to the satisfaction of the Commission that there would be no resulting onsite or downstream negative effects. This shall be provided for the 2, 10, 25 and 100-year 24 hour rainfall events. The plan must include pre-development and post-development flow calculations for each sub-catchment drainage area. C. Stormwater Volume. For each of the design rainfall events (above), the volume of stormwater leaving the site shall be equal to the volume of stormwater leaving the site in its pre-existing condition to the maximum extent possible unless, based on recommendations of the Town Engineer, it can demonstrated to the satisfaction of the Commission that there would be no resulting onsite or downstream negative effects. Section 5 Subdivision Plan Requirements Page- 21

26 SUBDIVISION PLAN REQUIREMENTS 5 D. Groundwater Recharge Volume (GRV) The GRV shall be calculated and managed in accordance with the procedures and recommendations of the CSQM and the Town Engineer. E. Water Quality Volume (WQV) The WQV shall be calculated and managed in accordance with the procedures and recommendations of the CSQM and the Town Engineer. In granting the plan approval, the Commission may consider the recommendations of the Town Engineer to make modifications or impose such conditions that may be deemed necessary to ensure compliance with the CSQM, as amended Review Fee. A non-refundable review fee shall be collected per the Town Ordinance Concerning Fees for Review and Evaluation of Land Use Applications and Inspection of Land Use Permit Compliance; at the time the stormwater management plan is submitted Permitting. A Zoning Permit shall not be issued for any-development requiring a Site Plan or a Subdivision/Re-subdivision that disturbs over one (1) acre of land or one half 91/2) acre if located in the seasonal use or aquifer protection overlay area unless the Commission has approved a Stormwater Management Plan. Where appropriate, a Zoning Permit shall not be issued without the following, as appropriate: A. recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way; B. a recorded stormwater management maintenance agreement, per Section (A) of these Regulations; C. surety; and D. easements from adjacent property owners as necessary Suspension and Revocation. Any Zoning Permit may be suspended or revoked after written notice is given to the permittee for any of the following reasons: A. any violation(s) of the conditions of the Stormwater Management Plan approval; B. changes in site runoff characteristics upon which an approval was granted; C. construction is not in accordance with the approved plan; D. noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility; and/or E. an immediate danger exists in a downstream area in the opinion of the Zoning Enforcement Officer Surety. A surety shall be required prior to the issuance of any zoning and/or grading permit for the construction of a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The surety required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved Stormwater Management Plan, and other applicable laws and regulations, and any time limitations established in the Stormwater Management Plan. The surety shall not be fully released Page - 22 Section 5 Subdivision Plan Requirements

27 5 SUBDIVISION PLAN REQUIREMENTS without a final inspection of the completed work by a licensed Engineer and the Zoning Enforcement Officer, submission of as-built plans, and certification of completion by a licensed Engineer and the Zoning Enforcement Officer that the stormwater management facilities comply with the approved plan and the provisions of these Regulations Inspection A. The Commission shall designate a professional engineer licensed in the State to conduct inspections at the developer s expense per the Town Ordinance Concerning Fees for Review and Evaluation of Land Use Applications and Inspection of Land Use Permit Compliance. Written inspection reports shall be made of the periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plan. B. The developer shall notify the engineer responsible for inspections as least forty-eight (48) hours before commencing any work in conjunction with the Stormwater Management Plan and upon completion of the project to set up a final inspection. C. Written inspection reports shall be provided to the developer and the Commission and shall include: 1. the date and location of the inspection; 2. whether construction was in compliance with the approved stormwater management plan; 3. any variations from the approved construction specifications; and 4. any violations that exist. D. The owner and/or developer and, as necessary, the on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action. E. The inspector shall provide the owner and/or developer and the Commission with the inspection reports as soon as possible after completion of each required inspection. Upon issuance of a Notice of Violation or an unsatisfactory inspection report, all work shall cease until corrective measures are taken and approved by a licensed Engineer and the Zoning Enforcement Officer Maintenance and Inspection A. Procedures 1 The applicant shall execute an inspection and maintenance agreement binding the property owner and all subsequent owners. Such Agreement shall provide for access at reasonable times for regular inspections by the Commission, or its authorized representative, to ensure that the stormwater facilities are maintained in proper working condition to meet design standards. 2 The applicant and/or owner shall record the Agreement in the Land Records of the Town. 3 The Agreement shall provide that, if after notice by the Commission to correct a violation requiring maintenance work, satisfactory corrections are not made by Section 5 Subdivision Plan Requirements Page- 23

28 SUBDIVISION PLAN REQUIREMENTS 5 the owner(s) within thirty (30) days; the Commission shall have the right, but not the obligation to perform all necessary work to place the facility in proper work condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. Charges shall become a special assessment against the property (i.e. lien). Nothing herein shall make or be construed to make the Commission, the Town, and/or Town officials, employees, representatives, or agents, legally liable or in any way responsible for the cost, inspection, maintenance, and/or operation of approved stormwater management facilities. B. Responsibility 1. The owner of the property, and any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with the approved Stormwater Management Plan. 2. A maintenance and reporting schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance and reporting schedule shall be developed as part of the approved Stormwater Management Plan. C. Terms and Conditions The agreement shall also provide that the applicant/developer and/or owner and each of their respective representatives, heirs, successors and assigns shall hold the Town of North Stonington and its officials, employees, representatives, agents, boards, agencies and commissions and each of their respective representatives, heirs, successors and assigns harmless and indemnify them from and against any claims, damages, losses, costs and expenses (including attorney s fees) from any personal injury (including death) and property damage resulting from any act or omission of said applicant/developer and/or owner in the design, construction, inspection, maintenance and operation of stormwater management facilities approved pursuant to this section of the Regulations and from any acts or omissions, including without limitation negligent acts or omissions of said Town and/or its officials, employees, representatives, agents, boards, agencies and commissions and each of their respective representatives, heirs, successors and assigns in the approval and inspection of said facilities or the performance of any activities pursuant to Section (A)(3) of these Regulations. D. Any agreement pursuant thereto shall apply to the owners and/or lessees of the property in question and shall run with the land. 5.8 OTHER SUPPORTING DOCUMENTS Before approval of any subdivision, the Commission shall require the following Evidence of an application to and/or approval from other local and/or state agencies for activities that are regulated by said entities where applicable. Page - 24 Section 5 Subdivision Plan Requirements

29 5 SUBDIVISION PLAN REQUIREMENTS The subdivider shall submit to the Commission written copies of all agreements, restrictive covenants, or other documents governing the use, reservation, or maintenance of land All deeds, surety, and other documents submitted pursuant to these Regulations shall be subject to approval as to form and content by the Counsel for the Town of North Stonington When the subdivision includes any portion of a watercourse that is located within an "A" Zone on the Flood Hazard Boundary Map or the Flood Insurance Rate Map for North Stonington, and the subdivision would result in the alteration or relocation of that watercourse, the applicant shall submit a hydrological design by a Licensed Professional Engineer that indicates that the flood-carrying capacity of the watercourse will not be impaired by any construction or additional runoff resulting from the subdivision. Section 5 Subdivision Plan Requirements Page- 25

30 6 SUBDIVISION DESIGN STANDARDS 6.1 LOTS Proposed lots shall be arranged to make the best use of the natural terrain, to preserve important natural features, and to afford maximum opportunity for the use of solar energy Lots shall conform to the requirements of the Zoning Regulations for the Town of North Stonington, Connecticut, as amended Where practical, side lot lines shall be at right angles to the road on which the lots front, or radial to curved road lines To the maximum extent possible, lots shall be generally rectangular in shape. Excessively deep or irregularly shaped lots shall be avoided Lots should be arranged in a manner that provides the best opportunity for the use of solar energy in buildings subsequently constructed on the lots. As a general rule, lot arrangements should enable principal buildings to be situated so that each longest axis lies in an east/west direction, so as to expose the front or rear of the building to the south. Attention should be given to ensuring that expected building locations are not shaded by topographic features or by buildings on adjoining properties Where a lot in a subdivision has frontage on, or potential access from more than one roadway, it shall be accessed by the lower intensity roadway unless alternative access is specifically approved by the Commission upon recommendation of the Town Engineer. 6.2 ROADS All roads in any subdivision shall have free access to one or more State highways or Town approved roads Where the proposed subdivision abuts an existing Town road, the applicant shall consult with the Board of Selectmen to determine the right-of-way width along such road and the possible need to deed additional land to permit its widening. All subdivision approvals shall require that all land within a minimum of twenty-five (25) feet from the centerline of the traveled portion of existing roads be deeded to the Town of North Stonington and this shall be so noted on the map presented to the Commission for approval. In industrial and commercial subdivisions, the land required shall be a minimum of thirty (30) feet from the road centerline. A. No lots shall be conveyed by the applicant until the road right-of-way for the entire subdivision along its frontage with an existing Town Road, as denoted on the plan, has been deeded to and accepted by the Town or an executable deed has be submitted to the Town for recording purposes Road jogs with centerline offset of less than one hundred and twenty-five (125) feet shall be avoided Except where impractical because of topography or other conditions, all roads shall join each other so that for a distance of at least fifty (50) feet the road is at right angles to the road it joins and has a maximum grade of three (3) percent Four-way intersections shall generally be minimized and shall, in any event, be specifically approved by the Commission upon recommendation of the Town Engineer. Section 6- Subdivision Design Standards Page-25

31 SUBDIVISION DESIGN STANDARDS To the maximum extent possible, roads shall be laid out in a generally east/west direction to facilitate solar orientation of buildings on abutting lots The road standards presented in Table 6-1 shall be complied with unless: A. a waiver is granted by the Commission in accordance with Section 3.5 of these Regulations, or B. an alternative design standard (such as a boulevard or a hammerhead turnaround, for example) is found by the Commission to be acceptable in the specific circumstances Cul-de-Sac Length Limitation A. Unless otherwise approved by the Commission, no permanent cul-de-sac shall be created that: 1. is less than two hundred and fifty (250) feet in length; or 2. exceeds six hundred (600) feet in length measured from the center of the nearest intersection, whether inside or outside of the subdivision that has two (2) means of access and egress to the center of the turnaround. B. With receipt of approval that authorizes a modification of the provisions of the road ordinance, a greater length for a permanent cul-de-sac may be permitted by the Commission for: 1. significant preservation of open space; 2. significant preservation of natural features; 3. exemplary overall subdivision design; 4. the demonstrated likelihood of future road extension and connection to other streets providing an alternative means of access and egress; or 5. the creation of similar community benefits. C. If allowing a greater length of cul-de-sac, the Commission may, in its sole discretion, require or accept plan modifications which offset the increased development in a less accessible location, such as: 1. increased pavement thickness and/or road shoulders that will accommodate emergency vehicles; 2. increased open space preservation and/or fewer lots in the overall development; and/or 3. other improvements such as significant community amenities. Page- 26 Section 6- Subdivision Design Standards

32 6 SUBDIVISION DESIGN STANDARDS FIGURE 6-1: MEASURING THE LENGTH OF CUL-DE-SACS 6.3 SIDEWALKS AND TRAILS Every subdivision shall, unless waived by the Commission, make provision for pedestrian and/or bicycle accessibility and circulation and this requirement may, with approval of the Commission, be met through: A. the provision of stone dust (or other material acceptable to the Commission) greenway trails within open space areas on the land being subdivided or, with approval of the landowner and the Commission, on other open space areas in North Stonington; B. the provision of stone dust (or other material acceptable to the Commission) greenway trails on one side of the street on the land being subdivided or, with approval of the Commission, elsewhere in North Stonington; C. the provision of sidewalks on one side of the street on the land being subdivided within a 1-mile radius of a school or other major generator of pedestrian traffic or, with approval of the Commission, elsewhere in North Stonington; D. the provision of sidewalks unrelated to roads as may be required by the Commission, where pedestrian access to schools, shopping, or employment centers is possible; and/or E. the provision of an easement to the Town of North Stonington for future trails or sidewalks. F. All sidewalks must be a minimum width of five (5) feet, made of concrete with a minimum thickness of four (4) inches. Section 6- Subdivision Design Standards Page-27

33 SUBDIVISION DESIGN STANDARDS DRAINAGE Stormwater management systems shall be designed to manage site runoff to minimize or eliminate surface and groundwater pollution, prevent flooding, control peak discharges and provide pollutant renovation. Design of a stormwater management system shall be in accordance with the Connecticut Department of Environmental Protection Connecticut Stormwater Quality Manual (CSQM) as amended and the Connecticut Department of Transportation Drainage Manual Drainage rights-of-way through lots shall be at least twenty (20) feet wide, and follow property lines wherever possible. All necessary easements for drainage shall be provided prior to plan approval. 6.5 FLOODING CONSIDERATIONS The Commission shall determine that proposed subdivisions are reasonably safe from flooding. When a subdivision is proposed in an "A" Zone on the Town s Flood Hazard Boundary Map or Flood Insurance Rate Map, it shall be reviewed to assure the following: That all proposals are consistent with the need to minimize flood damage within the flood-prone areas That all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage That adequate drainage is provided to reduce exposure to flood hazards That new and replacement water supply systems are designed to minimize or eliminate infiltration of floodwaters into the systems That new and replacement sanitary sewer systems are designed to minimize or eliminate infiltration of floodwaters into the systems or discharges from the systems into floodwaters That on-site sewage disposal systems are located to avoid their impairment or contamination from them during flooding. 6.6 OPEN SPACE, PARKS, PLAYGROUNDS, AND MUNICIPAL LAND General A. As provided for in Connecticut General Statutes Section 8-25, every subdivision of land for residential use shall provide for open space in order to: 1. protect and conserve natural features; 2. protect and conserve community resources; 3. establish greenbelts and other linkages that connect open spaces; 4. provide for parks, playgrounds, and other active and passive recreation areas; 5. supplement existing open space areas; 6. provide, protect, or enhance local trails; 7. protect and provide for the preservation of agricultural land and uses; Page- 28 Section 6- Subdivision Design Standards

34 6 SUBDIVISION DESIGN STANDARDS 8. implement the open space and other recommendations in the Plan of Conservation and Development; 9. protect and preserve the rural character of the Town of North Stonington by retaining natural open space areas and scenic views where they are most visible from public roads and parks and by preventing unsightly development of ridge tops and providing natural buffers; 10. protect and preserve forest resources; 11. protect and preserve natural resources including ledge outcroppings, stands of unique trees, unusual or unique wildlife habitats and other unusual and unique topographical and physical features; 12. protect and preserve historical and cultural resources, including historic and prehistoric archaeological sites, stone walls, trails, and cemeteries; 13. protect ground water, watersheds, aquifers and other aquatic resources; and/or 14. protect important ecological resources. B. This open space requirement may, with approval of the Commission, be met through: 1. dedication of land within the proposed subdivision or resubdivision in fee or by conveyance of a conservation easement; 2. dedication of land acceptable to the Commission elsewhere in North Stonington, 3. a fee-in-lieu-of-land donation; 4. dedication of land and a fee-in-lieu-of-land-donation; or 5. some other arrangement that shall be found by the Commission to be acceptable (such as a scenic preservation easement, a trail easement, a conservation easement, or similar proposal). C. The Commission may solicit or accept comment regarding the proposed land dedication from any Town board or commission, Town official, land trust, or qualified consultant with respect to: 1. the need for a land dedication in the subdivision; 2. the land resources available; 3. the implications of a dedication in relation to open space system in the Town; and/or 4. preferred ownership Dedication of Land A. Where the open space requirement shall be met through the dedication of land: 1. at least fifteen (15) percent of the total area of the subdivision shall be so dedicated; and 2. unless waived or modified by the Commission, the area reserved to meet the minimum dedication requirement shall not consist of a greater percentage of area Section 6- Subdivision Design Standards Page-29

35 SUBDIVISION DESIGN STANDARDS 6 classified as wetland, watercourse, 100-year floodplain, or slopes in excess of twenty-five (25) percent than the parcel as whole. Such information shall be provided for the overall parcel and the proposed open space by a Connecticutlicensed civil engineer or a Connecticut-licensed landscape architect. EXAMPLE: Say a fifty (50) acre parcel of land is being subdivided and twenty (20) percent of the entire parcel is wetland, watercourse, 100-year floodplain, or steep slopes. Regulation 6.6.2(A)(1) requires that at least fifteen (15) percent of the fifty (50) acres shall be provided as open space (at least seven and one half (7.5) acres). Regulation 6.6.2(A)(2) requires that no more than twenty (20) percent of the seven and one half (7.5) acres can be wetland, watercourse, 100-year floodplain, or steep slopes (no more than one and a half (1.5) acres). In other words, six (6) acres of the open space must be land that is not wetland, watercourse, 100-year floodplain, or steep slopes. More land on the parcel may be dedicated as open space but at least six (6) acres of the open space must be land that is not wetland, watercourse, 100-year floodplain, or steep slopes. B. If an applicant/developer transfers land to the Town for municipal purposes other than for required road widening, such transfer may be considered by the Commission as a credit toward any dedication requirements. 1. Such dedication shall be in locations deemed proper by the Commission. 2. Such dedication shall be shown on the subdivision plan or on another suitable map if located elsewhere in North Stonington. C. When a subdivision abuts an existing open space, the Commission may require the lot lines of such land form a continuation of the existing open space to provide a single, unified area. D. Land intended for dedication shall be suitable for the purpose intended. E. The Commission may defer the requirements for the immediate provision of such land in a subdivision, which is a part of a larger tract of land, provided that the applicant/developer dedicates an area of land in the undeveloped portion of the tract equal to the requirements of this section in the developed portion. F. In determining the appropriateness of an area proposed for open space or other public purposes, the Commission shall consider: 1. recommendations in the Plan of Conservation and Development, the presence or absence of any existing or potential dedicated open spaces in the area, 2. the opportunities to interconnect existing, proposed, and future open space dedications into a comprehensive greenway and trail system, 3. the size of the subdivision, and 4. responses to any referrals regarding need, resources, connection to the open space system of the Town and preferred ownership. Page- 30 Section 6- Subdivision Design Standards

36 6 SUBDIVISION DESIGN STANDARDS G. Fee title or a conservation easement shall be deeded in perpetuity and the applicant shall designate which entity is, or entities are, proposed to own the fee title or conservation easement to ensure its permanent protection as provided in these Regulations. The following are acceptable grantees of open space: 1. the Town for conservation or other purposes; or 2. the Town for active recreational purposes after all improvements have been completed; or 3. a recognized private organization legally constituted to accept and to maintain land for conservation purposes (such as a land trust) under terms acceptable to the Commission; or 4. a private association consisting of the owners of the lots within the subdivision (i.e. homeowners association) for specified recreational or conservation purposes upon such terms and conditions, as approved by the Commission, that will protect the public welfare and assure the continued use of the open space for the purpose intended. A copy of the homeowner s deed and the by-laws of the homeowners association shall be submitted with the application. H. Fee title or a conservation easement deeded to a private organization or a home owners association and shall provide in such deed that ownership shall revert to the Town for recreational or conservation purposes if such corporation or association shall cease to exist or shall relinquish ownership. If the land in question has been preserved as open space prior to the filing of the application via a conservation easement, it shall be sufficient that the existing conservation easement contains a reverter clause to a recognized private organization legally constituted to accept and to maintain land for conservation purposes (such as land trust) or is otherwise satisfactory to the Commission. I. The Commission may require that any land have direct access to a public road through a right-a-way dedicated to public use and that it be graded and improved to allow for pedestrian access. J. Land areas to be dedicated for open space shall not be used as a depository for brush, stumps, earth, building materials, or debris, except as may arise from activities permitted under a conservation easement. K. Whenever the Commission has required land areas to be dedicated for open space, standard markers (available from the Town) shall be placed in the field delineating the area. No endorsement of the approved plans shall occur, and no mylars shall be recorded with the Town Clerk until the applicant has verified in writing that the markers have been installed and the Commission, or its delegated representative, has field verified the installation. L. Where land reserved for open space abuts land used for residential purposes or other uses that are reasonably likely to lead to encroachment, its boundaries shall be set in the field and marked by permanent, readily visible markers at the intersection of any lot line, road or perimeter lines and at intervals along the boundaries of all open space parcels deemed sufficient by the Commission to protect the open space land from encroachment and insure that its boundaries are identifiable. Section 6- Subdivision Design Standards Page-31

37 SUBDIVISION DESIGN STANDARDS 6 M. Where open space or easements are provided without frontage or other public access, a right of way shall be granted to the recipient of the open space or easement for the purpose of maintenance and monitoring Fee In Lieu of Open Space A. Where dedication of land as open space will not meet the purposes of this section, the Commission may: 1. authorize the applicant/developer to pay a fee to the Town, or pay a fee to the Town and transfer land to the Town in lieu of any requirement to provide land, or 2. request the applicant/developer pay a fee to the Town or pay a fee to the Town and transfer land in lieu of the requirement to provide land. B. If payment of a fee in lieu of open space is proposed by the applicant/developer, the Commission may refuse such fee if it determines, in its sole discretion, that there are acceptable areas on the Subdivision, which merit preservation by one of the methods, set forth in these Regulations. C. The open space payment shall be placed in the Town s Open Space Fund. D. Unless otherwise agreed by the Commission and the applicant/developer, (such as a fee based upon the assessed market value of the land or other basis), fee in lieu of open space procedures shall be in accordance with Connecticut General Statutes 8-25, as amended, provided that any required appraisal shall be performed by a Senior Residential Appraiser (SRA) or a Member Appraisal Institute (MAI). E. The fee in lieu of open space may be paid in one lump sum by the applicant/developer or may be made in partial payments at the time of the sale of each approved lot in the subdivision. If partial payments are to be made, each payment shall be prorated in value relative to the number of approved lots in the subdivision. F. When fractional payments are provided in lieu of open space, the applicant/developer shall execute a mortgage securing the fee-in-lieu-of-open space and such mortgage shall be recorded on the Town of North Stonington Land Records with a priority, form, and substance acceptable to the Town Land Use Attorney. Partial releases shall be provided upon the tender of each fractional payment Open Space Dedication Exemption. In accordance with Connecticut General Statutes 8-25 as amended, the open space dedication requirement shall not apply if: A. the transfer of all land in a subdivision of less than five (5) parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle, or first cousin for no consideration; or B. the subdivision contains affordable housing, as defined in Connecticut General Statutes Section 8-39a, equal to twenty percent (20) percent or more of the total housing to be constructed in such subdivision. 6.7 ROAD SIGNS Road name signs shall be placed at all intersections on at least two (2) diagonally opposite corners. In the case of a T-junction, only one (1) sign shall be required. Page- 32 Section 6- Subdivision Design Standards

38 6 SUBDIVISION DESIGN STANDARDS Roads that join, or are in alignment with roads of an adjoining or neighboring property, shall bear the same name No duplication of road names shall be permitted except as indicated in Section 6.7.1, and all road names shall be subject to the approval of the Commission. 6.8 EASEMENTS Easements for utilities across lots, or centered on rear or side lot lines, shall be provided where necessary and shall be at least twelve (12) feet wide Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Commission may require that a storm water easement or drainage right-of-way be provided of adequate width to conform substantially to the lines of such watercourse, drainage way, channel or stream, and to provide for construction or other necessary purposes. 6.9 PROTECTION OF NATURAL AND HISTORIC FEATURES Due regard shall be shown for all natural and historic features, such as large trees, watercourses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision FIRE PROTECTION Contingent upon receipt of a favorable recommendation from the Fire Department by the close of the public hearing on an application, each subdivision shall, at the applicant/developer s expense, provide supplemental water supply system(s) in order to protect public safety. Such supplemental water systems, where required by the Commission upon recommendation of the Fire Department, may include: A. a dry hydrant accessing a pond with adequate water supply for firefighting purposes; B. an underground tank or cistern providing adequate water supply for firefighting purposes; or C. individual fire protection sprinkler systems within homes The Fire Department may review and comment on the proposed location, size, design, construction specifications, and installation of such supplemental water supply system(s) and access thereto An as-built drawing shall be provided to the Fire Department prior to any request for acceptance of such supplemental water supply system(s) The Fire Department will notify the Town upon acceptance of such supplemental water supply system(s) The land area containing any supplemental water supply system(s) and access thereto shall, as necessary, be encumbered by easements approved by the Town Attorney to ensure the Town s perpetual right to access and maintain any supplemental water supply system(s) and access thereto for firefighting purposes, and obligate the property owners to not inhibit the use of the fire protection facility for firefighting purposes without the approval of the Fire Department. Section 6- Subdivision Design Standards Page-33

39 SUBDIVISION DESIGN STANDARDS The Commission may require the use of landscaping or other materials to screen pipes, access drives, or other structures associated with the installation of supplemental water supply system(s). Such landscaping or other materials shall be approved by the Fire Department All fire protection measures required by the Commission and the Fire Department shall be completed prior to the issuance of a certificate of occupancy for any dwelling in the subdivision. TABLE 6-1 ROAD DESIGN STANDARDS CHARACTERISTICS RESIDENTIAL SUBDIVISION COMMERCIAL OR INDUSTRIAL SUBDIVISION Right-of-way width 50 feet 60 feet Width of travel lanes (2 each) 12 Feet 12 Feet Number of parking lanes (if required) 1 2 Width of parking lanes (if required) 8 feet 10 feet Total pavement width 24 feet 32 feet Planting strip (2 each) 10 feet 2 feet Sidewalk See Section 6.3(When required See Section 6.3. (When required minimum width shall be 5 ) minimum width shall be 5 ) Radii at Curb-line Corner 25 feet 30 feet Radii at Right-of-Way Corner Centerline radius (horizontal) 15 feet 150 feet 20 feet 270 feet Sight distance at intersection with State 575 feet 575 feet Highway Sight distance at intersection with Town Road 350 feet 350 feet Tangent distance between reverse curves 100 feet 100 feet Block length (maximum) None None Block length (minimum) 400 feet 400 Feet Cul-de-sac length (maximum as measured from the center of the intersection road to the center of the turn-around) Minimum Length 250 Maximum Length 600 See Section Minimum Length 250 Maximum Length 600 See Section Cul-de-sac turn-around right-of-way diameter 120 feet 100 feet (minimum) Cul-de-sac turn-around pavement diameter (minimum 80 feet 100 feet Cul-de-sac Center Islands on Cul-de-Sacs Encouraged Not Allowed Gradient minimum.05 %.05 % Gradient maximum 12% 8% Curbing Granite or Portland cement slope curbing unless waived by the Commission per Section Granite or Portland cement slope curbing unless waived by the Commission per Section Minimum pipe drain diameter 15 inches 15 inches Page- 34 Section 6- Subdivision Design Standards

40 6 SUBDIVISION DESIGN STANDARDS Temporary Cul-De-Sac Design For Future Cul-De Sac Extension Temporary Cul-De-Sac Design For Future Lateral Road Connection Permanent Cul-De-Sac Design With Landscape Center Island Permanent Cul-De-Sac Design With Hammerhead Turnaround Road Cross-Section (with Cape Cod Curb) Section 6- Subdivision Design Standards Page-35

41 SUBDIVISION DESIGN STANDARDS 6 Cape Cod Curb Detail Concrete Slope Curb Detail 6 x12 precast concrete curb with ½ minimum mortar joints 1:3:6 mixture of dry concrete to 4 minimum depth all around Aggregate sub-base Page- 36 Section 6- Subdivision Design Standards