Chapter 213

SUBDIVISION OF LAND

[HISTORY: Adopted 3-28-1996 by the Planning Commission of the Town of Somers. Amendments noted where applicable.]

GENERAL REFERENCES

Capital Region Planning Agency -- See Ch. 14.

Flood and Erosion Control Board -- See Ch. 29.

Planning Commission -- See Ch. 47.

Town property -- See Ch. 51.

Building construction -- See Ch. 88.

Driveways -- See Ch. 104.

Fees for subdivision applications -- See Ch. 114, Art. I.

Sewers -- See Ch. 155.

Soil erosion and sediment control -- See Ch. 161.

Streets and sidewalks -- See Ch. 172.

Water -- See Ch. 204.

Inland wetlands and watercourses -- See Ch. 211.

Zoning -- See Ch. 214.

ARTICLE I

Authority and Purpose

~ 213-1. Statutory authority.

These regulations have been prepared and adopted in accordance with Chapter 126 of the Connecticut General Statutes, as amended.^[1]

~ 213-2. Purpose.

The Planning Commission of the Town of Somers declares that these regulations for the subdivision of land have been designed to provide for the orderly growth and coordinated development of the Town of Somers, to accomplish all of the purposes set forth in Section 8-25 of the Connecticut General Statutes, as amended, and to accomplish the following specific goals:

A. To assure that the land to be subdivided is of such character that it can be used for building purposes without danger to health or the public safety.

B. To assure that proper provision is made for water, drainage and sewerage.

C. To assure that in areas contiguous to brooks, rivers or other bodies of water subject to flooding, proper provision is made for protective flood control measures.

D. To assure that the proposed streets are in harmony with existing or proposed principal thoroughfares shown in the Plan of Development for the Town of Somers, especially in regard to safe intersections with such thoroughfares, and that such streets are so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs.

E. To assure that adequate provision is made for open spaces, parks and playgrounds.

F. To assure that proper provision is made for soil erosion and sediment control.

G. To encourage energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy and energy conservation.

H. To protect existing and potential public surface and ground drinking water supplies.

I. To promote with the greatest efficiency and economy the coordinated development of the Town of Somers and the general welfare and prosperity of its people.

J. To encourage the responsible and appropriate design of subdivisions.

K. To maximize the preservation of natural terrain and drainage lines and such natural assets as ponds, streams, shrubs and trees, and to ensure that appropriate consideration is given to these natural features in the design of any subdivision.

L. To assure the provision of adequate utility services and public facilities to serve each subdivision.

M. To prevent the unreasonable pollution, impairment or destruction of the public trust in the air, water and other natural resources of the Town of Somers.

ARTICLE II

Terminology; General Provisions

~ 213-3. Word usage; construal of provisions.

For the purposes of these regulations, unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural number and vice versa; the word "shall" is always mandatory and not merely directory, and the word "may" is permissive; and the word "herein" means "in these regulations." In the case of any difference of meaning or implication between the text of these regulations and any caption, illustration, summary, table or illustrative matter, the text shall control. The Commission shall make the final determination as to any question of interpretation of any portion of these regulations.

~ 213-4. Definitions.

As used in these regulations, the following terms shall have the meanings indicated:

AASHTO -- American Association of State Highway Traffic Officials.

APPLICANT -- The person proposing a subdivision, either for the applicant's own benefit or as an agent for another.

AQUIFER -- Any geologic material, including but not limited to rock (bedrock), sand, gravel and till, capable of yielding usable quantities of water when penetrated by a well. A "major aquifer" (usually but not always composed of sand and gravel) is an aquifer believed to be capable of supplying water to individual wells at sustainable rates of 50 gallons per minute or more.

BUILDING -- Any structure having a roof, supported by columns or walls, and intended for the shelter, housing or enclosure of persons, animals or materials. The word "building" shall also refer to any modification, addition or alteration to an existing building.

COMMISSION -- The Planning Commission of the Town of Somers, Connecticut.

CUL-DE-SAC -- A dead-end street terminating in a vehicular turnaround area.

DATE OF RECEIPT -- When applied to an application for subdivision approval, the day of the next regularly scheduled meeting of the Commission immediately following the day of submission of such application, or 35 days after such submission, whichever is sooner.

DEVELOPER -- The person who has or would have the highest or greatest level of authority in implementing an approved subdivision plan, or any authorized agent of such person.

DIVISION -- Any division of a lot or other tract or parcel of land, regardless of whether such division constitutes a subdivision or resubdivision under these regulations.

EASEMENT -- A right of use over the property of another.

FLOOD-PRONE AREA -- A special flood hazard area or Zone A shown on the most current Flood Insurance Rate Map (FIRM), as well as any other area subject to inundation on an average of at least once every 100 years.

FLOODWAY -- The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as shown on the Floodway Map of Somers effective May 1, 1980, or as subsequently amended, prepared by the Federal Insurance Administration.

LOT -- A plot or parcel of land having defined and recorded boundaries:

A. Which was created before the adoption of zoning regulations in the Town of Somers or which, when created, was of at least sufficient size to meet the applicable, then-existing minimum zoning requirements, including but not limited to use, dimensions and area.

B. All parts of which are in the same ownership.

C. Occupied or capable of being occupied by one principal or primary building and the accessory structures or uses customarily incidental to it, including such yards, other open spaces and buffer areas as are required by Chapter 214, Zoning.

PERSON -- Any legal entity, including but not limited to a natural person, partnership, corporation, organization, association or syndicate.

PLAN OF DEVELOPMENT -- A master plan prepared by the Commission in accordance with Section 8-23 of the Connecticut General Statutes for the future growth, protection and development of the Town of Somers. The goals of the plan include affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare for residents of the town.

RECONFIGURATION -- Any adjustment, change or modification in the location of any portion of the boundary of a lot or other tract or parcel of land, regardless of whether such reconfiguration would create a subdivision or resubdivision under these regulations.

RECORDED -- Filed in the land records of the Town of Somers.

REGULATIONS -- The Subdivision Regulations as adopted and amended by the Planning Commission.

RESUBDIVISION -- A change in a map of an approved or recorded subdivision or resubdivision, if such change affects any street layout shown on such map, affects any area reserved thereon for public use or 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 -- Same as "street."

SOIL SCIENTIST, CERTIFIED -- An individual who is duly qualified in accordance with standards set by the United States Office of Personnel Management (formerly the United States Civil Service Commission) and who maintains an office in the State of Connecticut or who demonstrates familiarity with Connecticut inland wetlands classifications to the satisfaction of the Commission.

STREET -- Includes streets, avenues, boulevards, roads, lanes, highways, places and other thoroughfares, including all land dedicated as a public right-of-way, which afford a principal means of access to abutting property and which are dedicated and accepted by the town or the state for such purpose.

STREET, ACCESS -- A street providing direct access to residents on abutting land and access to the higher order system of streets. "Access streets" offer the lowest level of service, low design speeds and short trip routes. Through traffic on these streets is deliberately discouraged. "Access streets" include stem-and-loop streets and culs-de-sac.

STREET, COLLECTOR -- A street intended to move traffic from local streets to primary or secondary arterials. A "collector street" will generally serve a neighborhood or large subdivision and should be designed so that few residential properties have frontage on it.

STREET, DEAD-END (PERMANENT) -- A street or portion of a street having only one intersection with another street and having a permanent terminus entirely surrounded on its frontage by one or more separate lots.

STREET, DEAD-END (TEMPORARY) -- A street or portion of a street having only one intersection with another street but having a temporary turnaround designed to be extended into adjoining undeveloped land.

STREET, LIMITED LOCAL -- A permanent dead-end street, not exceeding 1,200 feet in length, serving no more than 14 lots.

STREET, LOCAL -- A street intended to provide access to other streets from individual residential properties.

STREET, PRIMARY ARTERIAL -- A street intended to move traffic to and from such major attractors as central business districts, regional shopping centers, major industrial areas and similar major traffic generators and/or intended as a route for traffic between communities or large areas.

STREET RIGHT-OF-WAY WIDTH -- The distance between property lines reserved for public traffic.

STREET, SECONDARY ARTERIAL -- A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic-generating areas such as community commercial areas, primary and secondary educational facilities, major recreational areas, churches and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.

STRUCTURE -- Anything constructed, erected or assembled which requires a location on or within the ground or attachment to something having a location on the ground. The term "structure" includes, but is not limited to, buildings, manufactured homes, paved areas, storage tanks, signs, walls (retaining or otherwise), swimming pools, fences and other man-made utilities and infrastructures but excludes public utility poles and flagpoles.

SUBDIVISION -- The division of a tract or parcel of land into three or more parts or lots made subsequent to December 12, 1953, for the purpose, whether immediate or future, of sale or building development, expressly excluding development for municipal, conservation or agricultural purposes. The term includes resubdivision.

SUBMISSION -- Delivery to the office of the Town Planner or to the Commission at a meeting or hearing. All documents must be physically received by the office of the Town Planner or by the Commission at a meeting or hearing in order to be deemed submitted.

TOWN -- The Town of Somers, Tolland County, State of Connecticut.

USED or OCCUPIED -- As applied to any land or building, shall be construed to include the meaning "intended, arranged or designed to be used or occupied."

WATERCOURSES -- Any rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water, natural or artificial, public or private, vernal or intermittent, which are contained within, flow through or border upon the town, or any portion thereof, not regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut General Statutes, as amended.

A. BOGS -- Usually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage and highly acidic conditions.

B. MARSHES -- Areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.

C. SWAMPS -- Areas with soils that exhibit aquic moisture regimes and are dominated by wetland trees and shrubs. Red maple is the most characteristic tree of the wooded swamps, with black gum and black ash as frequent associates. A conspicuous shrubby understory of highbush blueberry, spicebush, sweet pepperbush, clammy azalea and other wetland shrubs may be present, and a rich diversity of wildflowers, such as marsh-marigold, skunk-cabbage, jewelweed, violets and cardinal flower, may also be present. Shrub swamps represent another swamp type, where alders, willows, buttonbush and other shrubs can form relatively pure or mixed stands. Occasionally trees may be associated with a shrub swamp. However, a high water table often favors certain shrubs, such as buttonbush, over trees. In swamps, the underlying deposits are often relatively shallow and usually highly organic. Swamps may develop through the gradual invasion of marshes by woody species or directly, as in poorly drained depressions.

D. For further information, see Inland Wetland Plants of Connecticut, Niering, W.A. and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT, May 1973.

WETLAND or INLAND WETLAND -- Any land, including submerged land, not regulated pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture (USDA). Such areas may include filled, graded or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.

~ 213-5. Approval and filing of subdivision plan required.

No subdivision of land shall be made, and no lot in any proposed subdivision shall be sold or offered for sale, until a plan for such subdivision has been prepared, approved by the Commission and filed in the office of the Town Clerk in accordance with the requirements of these regulations and all relevant Connecticut statutes.

~ 213-6. Notice of division or reconfiguration.

Notice of any division or reconfiguration of one or more existing lots or other tracts or parcels of land must be submitted to the Commission prior to the effective date of such division or reconfiguration. If the division or reconfiguration would constitute a subdivision, the procedures set forth in these regulations for approval of such subdivision must be followed and shall comprise the required notice. For any division or reconfiguration that would not result in a subdivision, the notice shall be provided on a form supplied by the Commission.

ARTICLE III

Preapplication Procedures

~ 213-7. Purpose.

The preapplication procedure is designed to allow prospective subdivision applicants or their representatives to discuss with the Commission the concept and preliminary design of a potential subdivision before undertaking the more detailed design work and preparation that would be required for a formal subdivision application. This procedure provides the Commission an opportunity to review the proposed plans for prospective compliance with the Subdivision Regulations. Submission of a preapplication review request shall not be deemed to be a formal application for subdivision approval, and the Commission's comments on any such preapplication shall be advisory only.

~ 213-8. Sketch plans.

In order to have a preapplication review placed on the Commission's agenda for any regular meeting, the following documents must be submitted at least 10 business days prior to the regular Commission meeting at which such review is desired. The Commission may also, but shall not be required to, place a preapplication review on the agenda of any regular meeting scheduled for less than 10 business days after submission of the request. The materials to be submitted are:

A. A written request for preapplication review.

B. Five paper prints of a sketch or plan at a scale no smaller than one inch equals 100 feet. The plan or sketch shall indicate approximate boundary data, topographic contours (enlarged United States Geological Survey topographic quadrangle maps are acceptable), existing drainage features, special site conditions, zone district boundaries and proposed street, lot and block layout showing surrounding properties and street patterns.

~ 213-9. Informal plans.

In lieu of or following submission and Commission review of a preapplication sketch or plan, as set forth in ~ 213-8 of these regulations, the applicant may, at his or her option, submit informal subdivision plans to the Commission for review.

A. Submission of such plans shall not be deemed to be a formal application for subdivision approval, and the Commission's comments on any such plans shall be advisory only.

B. Five paper prints of the informal plans shall be submitted, each containing the following information:

(1) Streets to be constructed, with stations, curves, widths of rights-of-way and paving and corner cutoffs.

(2) Proposed building lines.

(3) Proposed lots, with plus and minus dimensions, approximate areas in square feet and lot numbers.

(4) Proposed easements for drainage, utility lines, walks and other rights-of-way.

(5) Proposed public water, storm drainage and sanitary sewerage lines and their connections with present lines.

(6) Proposed street names.

(7) Any proposed retaining walls, culverts or property line fences or walls.

(8) Proposed open space donation(s).

(9) Any areas to be reserved for public use.

(10) Existing public trail systems and proposed changes, if any.

(11) Locations of public wells within 2,000 feet of the site, inland wetlands and watercourses, flood-prone areas, exposed bedrock (ledge), slopes over 25 percent and major aquifers.

(12) Trees and vegetation, existing and proposed.

(13) A subdivision plan map on sheets not more than twenty-four by thirty-six (24 x 36) inches. The scale shall be one inch equals 40 feet to one inch equals 100 feet. Where the development is too large for one sheet at the requested scale, an overall plan at suitable scale shall be included to depict the subdivision on one sheet.

(14) Boundary survey to Class A-2 accuracy.

(15) Topographic survey. This information may be an enlargement of United States Geological Survey topographic quadrangle sheets, supplemented by field surveys as necessary.

(16) Indication of zone or zones (i.e., zoning districts) included.

(17) Number of acres included in the total tract to the nearest tenth of an acre.

(18) A title block, including the name of the proposed subdivision, location, scale, date, owner of record, numbered sheets and name(s) and address(es) of engineer and surveyor.

(19) Name(s) and address(es) of the applicant, developer and owner.

(20) A key map at scale one inch equals 500 feet, locating the proposed subdivision within the surrounding proposed and existing street system. The map shall depict the subdivision and show the location of any wetlands and watercourses on the property.

(21) An area map at one inch equals 200 feet, showing the boundary lines of other lots or parcels of land within 200 feet of the subject tract, showing the full extent of each such lot or parcel with the names of the current owners of record.

(22) The location of percolation tests and test pits, results and dates of testing and the additional information indicated on Plate Number 1. A minimum of one percolation test will be required for every five building lots, and one test pit for every five acres. The location of the percolation tests and test pits shall be as directed by the Town Sanitarian. The information furnished shall be referenced to the locations shown on the plans. These tests shall be supervised and approved by the Town Sanitarian.

(23) Plans and profiles for a proper and adequate storm drainage system in compliance with these regulations, including watercourse profiles where appropriate.

(24) When an informal layout covers only a part of the owner's entire holding, a sketch of the prospective future street and lot layout in the entire holding shall be furnished at a suitable scale, including topographic data to substantiate the planning analysis.

(25) The Commission may require a hydrologic review and summary of the watershed where it feels it is necessary to protect the public health, safety or welfare.

(26) The Commission may require a traffic report sufficient to determine the existing conditions, future conditions and the impact of the proposed application.

(27) Preliminary profiles of new streets shall be drawn on plan-profile paper at scales of one inch equals 40 feet horizontally, and one inch equals four feet vertically. Existing and proposed center line grades, stationing and proposed storm sewers shall be shown in sufficient detail to clearly indicate intent.

(28) A statement of the amount of filing fees that would be required if the application were to be formally submitted, with sufficient detail to show how the amount was calculated.

(29) The location of any portion of the Somers town boundary line that is within 500 feet of any portion of the property to be subdivided.

ARTICLE IV

Formal Application Procedures

~ 213-10. Application materials.

A formal subdivision application shall consist of the following documents and materials:

A. Five copies of the formal subdivision application form, completely filled out and signed by both the applicant and property owner.

B. Five paper prints of the following documents and materials, which are described in more detail in the following sections of these regulations:

(1) The final subdivision plans.

(2) A soil erosion and sediment control plan, in accordance with Chapter 161, Soil Erosion and Sediment Control, and/or other pertinent ordinances or regulations.

C. The estimated filing fee or fees, as determined by current town ordinance and/or regulation.^[2]

~ 213-11. Final plans.

A. Format requirements. The final plans shall be prepared and certified by the appropriate professionals (e.g., engineer or land surveyor), who must be properly licensed, registered and/or certified for such work in the State of Connecticut. The plans shall provide the information noted in this section.

(1) The subdivision plan sheet size shall be twenty-four by thirty-six (24 x 36) inches, including borders.

(2) Subdivision plans shall be at a scale of one inch equals 40 feet unless the Commission specifically authorizes a different scale. If more than one sheet is required, clearly drawn match lines shall be shown on all sheets. Each lot must be shown in its entirety on at least one sheet. An overall master plan shall also be provided showing the entire proposed subdivision at a suitable scale on one sheet.

(3) A title block containing the information specified in ~ 213-9B(18) of these regulations shall be provided.

(4) An approval block shall be placed on each subdivision plan page near the title block, reading:

Town Planning Commission, Somers, Connecticut

Approved on __________________, 19______

Date signed __________________, 19______

_____________________________________________

_____________________________________________

_____________________________________________

_____________________________________________

_____________________________________________

This approval shall expire __________________

(5) An engineering review signature block shall be placed on each subdivision plan page, reading:

Plan reviewed and found in general compliance with the Somers Subdivision Regulations, as amended and approved by the Town of Somers.

_______________________________________________

Town Engineering Consultant Date

(6) An approval block for the Town Sanitarian shall be placed on each subdivision plan page, reading:

Approved:

_________________________________________________

Town Sanitarian Date

(7) A key map of the entire subdivision containing the information specified in ~ 213-9B(20) of these regulations shall be the same as that prepared for a preliminary layout, including the depiction of roads, lot lines and wetlands and watercourses.

B. General information required:

(1) Zoning districts.

(2) The names and section numbers of all adjoining recorded subdivisions.

(3) Proposed street names and the location of existing and proposed street rights-of-way, including stations, curves, widths, paving and corner cutoffs.

(4) Other rights-of-way and easements, including identification, description, location, width and other dimensions necessary for description.

(5) Lot number identification by consecutive numbers. Lot numbers shall be circled. If the subdivision is phased, lot numbers shall not be duplicated.

(6) House numbers for each lot as assigned by the Assessor (identified in squares). House numbers should be designated before the subdivision plans are approved but after the location(s) of the proposed lots is certain. House numbers must be included in the final plans before they are signed by the Commission.

(7) Lot lines with accurate lengths to the nearest hundredth of a foot and angles or bearings to the nearest 10 seconds of arc.

(8) Boundary lines of adjoining lots or parcels of land within 200 feet of the boundaries of the proposed subdivision, showing the full extent of each such lot or parcel and the names and mailing addresses of current adjacent landowners, together with the volume and page number of their recorded deeds.

(9) Building setback lines with dimensions.

(10) Lot and total tract areas in acres and square feet, each to the nearest hundredth.

(11) Lot and total tract areas, minus the areas of wetlands, watercourses, flood-prone areas and slopes greater than 25%, in acres and square feet, each to the nearest hundredth.

(12) A description of proposed uses for any portions of the subdivision not to be incorporated in a lot or lots, including a note where an offer of dedication is being made.

(13) Existing and proposed public trails across the land.

(14) Boundary lines with accurate dimensions to the nearest hundredth of a foot and angles or bearings to the nearest 10 seconds of arc, certified to Class A-2 accuracy.

(15) Special flood hazard areas and floodways.

(16) Inland wetlands and watercourses as flagged by a certified soils scientist. The soil scientist who flagged the wetlands and watercourses shall sign the plans on which they are delineated.

(17) A proposed construction schedule indicating the work to be done in each phase of the subdivision and the length of time expected to complete such work.

(18) The location of any portion of the Somers town boundary line that is within 500 feet of any portion of the property to be subdivided.

(19) Locations of public wells within 2,000 feet of the site, inland wetlands and watercourses, flood-prone areas, exposed bedrock (ledge), slopes over 25% and major aquifers.

(20) Name(s) and address(es) of the applicant, developer and owner.

C. The applicant may be required by the Commission to submit additional information in order to demonstrate the feasibility and prudence of the proposed road and lot layout and storm sewer pattern.

D. Survey data requirements: