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5/15/92
DRAFT DATE: 08/28/08 b
WILLINGTON PLANNING AND ZONING COMMISSION
Matthew O. Ellis |
Chairman |
George A. Marco |
Vice Chairman |
Phillip J. Nevers |
Secretary |
Peter J. Latincsics |
|
Thomas J. Murphy |
|
Edward Standish |
|
John Sullivan |
|
James Poole |
Alternate |
STAFF
Susan Yorgensen |
Planner-Zoning/Wetlands Agent |
Gary Jones |
Assistant Planning-Zoning/Wetlands Agent |
Margaret DuPilka |
Land Use Department Secretary |
TECHNICAL ASSISTANCE PROVIDED BY
Jana Butts, AICP |
WINCOG Senior Planner |
TABLE OF CONTENTS PAGE
Chapter I. Purpose 7
Chapter II. Definitions 8
Chapter III. PROCEDURE Error! Bookmark not defined.
Section 3.01 Requirement of Approval of Subdivision Plan Error! Bookmark not defined.
Section 3.02 Pre-application Conference Error! Bookmark not defined.
Section 3.03 Subdivision Application Error! Bookmark not defined.
Section 3.04 Subdivision Approval, Modification, or Denial Error! Bookmark not defined.
Chapter IV. SPECIFICATIONS FOR LAYOUTS, PLANS AND PROFILES Error! Bookmark not defined.
Section 4.01 Preliminary Layout Error! Bookmark not defined.
Section 4.02 Subdivision Plan Error! Bookmark not defined.
Section 4.03 Road Plan and Profile Error! Bookmark not defined.
Chapter V. SUBDIVISION DESIGN STANDARDS Error! Bookmark not defined.
Section 5.01 Purpose Error! Bookmark not defined.
Section 5.02 Application of Standards Error! Bookmark not defined.
Section 5.03 General Requirements for Subdivisions Error! Bookmark not defined.
Section 5.04 Standards for Street Design Error! Bookmark not defined.
Section 5.05 Driveway Design Standards Error! Bookmark not defined.
Section 5.06 Public Health Standards Error! Bookmark not defined.
Section 5.07 Fire Protection Standards Error! Bookmark not defined.
Section 5.08 Soil Erosion and Sedimentation Control Standards Error! Bookmark not defined.
Section 5.09 Stormwater Management Standards Error! Bookmark not defined.
Section 5.10 Flood Hazard Standards Error! Bookmark not defined.
Section 5.11 Groundwater Management Standards Error! Bookmark not defined.
Section 5.12 Passive Solar Energy Standards Error! Bookmark not defined.
Section 5.13 Standards for Protection of Natural Resources Error! Bookmark not defined.
Section 5.14 Standards for Protection of Historic Resources Error! Bookmark not defined.
Section 5.15 Standards for Open Spaces and Recreation Areas Error! Bookmark not defined.
Chapter VI. OPEN SPACE SUBDIVISIONS Error! Bookmark not defined.
Section 6.01 Purpose Error! Bookmark not defined.
Section 6.02 Requirement of Submitting an Open Space Subdivision Design Error! Bookmark not defined.
Section 6.03 Procedures Error! Bookmark not defined.
Section 6.04 General Density Limitations Error! Bookmark not defined.
Section 6.05 Design Standards for Open Space Subdivisions Error! Bookmark not defined.
Section 6.06 Standards for Open Spaces Error! Bookmark not defined.
Chapter VII. IMPROVEMENTS AND CONSTRUCTION SPECIFICATIONS Error! Bookmark not defined.
Section 7.01 Description Error! Bookmark not defined.
Section 7.02 Lot Boundary Markers Error! Bookmark not defined.
Section 7.03 Street Monuments Error! Bookmark not defined.
Section 7.04 Street Trees Error! Bookmark not defined.
Section 7.05 Hours of Construction Error! Bookmark not defined.
Section 7.06 Notice of Excavation and Blasting Error! Bookmark not defined.
Section 7.07 Inspection and Acceptance Error! Bookmark not defined.
Chapter VIII. AGREEMENT FOR INSTALLATION OF REQUIRED IMPROVEMENTS, INSURANCE AND BOND REQUIREMENTS, AND CERTIFICATE OF COMPLIANCE Error! Bookmark not defined.
Section 8.01 Agreement for Installation of Required Improvements Error! Bookmark not defined.
Section 8.02 Insurance Error! Bookmark not defined.
Section 8.03 Performance Bond Error! Bookmark not defined.
Section 8.04 Application of Bonds Error! Bookmark not defined.
Section 8.05 Bond Release Error! Bookmark not defined.
Section 8.06 Certificate of Zoning Compliance Error! Bookmark not defined.
Chapter IX. MISCELLANEOUS PROVISIONS Error! Bookmark not defined.
Section 9.01 Lot Line Revisions Error! Bookmark not defined.
Section 9.02 Penalty for Failure to Comply Error! Bookmark not defined.
Section 9.03 Modifications and Waivers Error! Bookmark not defined.
Section 9.04 Impact Statement Requirements Error! Bookmark not defined.
Section 9.05 Expiration Error! Bookmark not defined.
Section 9.06 Amendments Error! Bookmark not defined.
Section 9.07 Validity Error! Bookmark not defined.
Section 9.08 Enacting Clause, Short Title and Repeal Error! Bookmark not defined.
These Regulations have been adopted by the Willington Planning and Zoning Commission (hereinafter called “the Commission”) pursuant to the authority granted in Chapter 126 of the General Statutes of the State of Connecticut. It is declared to be the policy of the Commission to consider land subdivision as part of a plan for the orderly, efficient and economic development of the Town so as to further the general welfare and prosperity of its people. Accordingly, it is the purpose of these Regulations to insure that land to be subdivided shall be compatible with adopted conservation and development policies and shall be of such character that it can be used for building purposes without danger to health or the public safety; that proper provision is made for water supply, surface
drainage and sanitary sewerage, and, in areas contiguous to brooks, rivers or other bodies of water subject to flooding, that proper provision is made for protective flood control measures; that proposed roads are in harmony with existing or proposed principal thoroughfares shown in the Plan of Conservation and Development, as the same may be amended from time to time, especially with regard to safe intersections with such thoroughfares; that proposed roads are so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs, and that roads and driveways provide adequate access to properties for fire_fighting apparatus and other emergency services; that open spaces, parks and playgrounds are provided in places deemed proper by the Commission; that proper provision is made for soil erosion and sediment control pursuant to Section 22a_329 of the General Statutes of the State of Connecticut; and that provisions are made for
energy_efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation.
These Regulations are not intended to interfere with, abrogate, or annul any other ordinance, regulation, or other provision of law, or any easement, covenant, or other private agreement or legal relationship. With regard to any easement, covenant, or other private agreement or legal relationship, it is not the purpose of these Regulations to intercede in, resolve, or arbitrate any private civil dispute. When these Regulations impose restrictions different from those imposed by any other statute, ordinance, or other requirement imposed by any level of government, whichever provisions are more restrictive or impose higher standards shall control.
Certain terms and words used in these Regulations shall be interpreted and defined as set forth in this section:
Abutter: The owner of record of any property adjacent to the subject property including properties across a street or other right-of-way. (Open for further discussion)
Active Recreation: Recreational activities that require either (1) the use of a playing field or playground; (2) the installation of buildings or other structures; or (3) the substantial modification or grading of a tract of land. (OK)
Amended Subdivision: Any change in a property line or improvement shown on a Subdivision or Re-subdivision map which has been approved and filed with the Town Clerk pursuant to these Regulations, other than a re-subdivision. (Review criteria)
Applicant: Any person, firm, corporation, partnership, or other legally recognized entity who shall apply to the Commission for approval of a subdivision, either on the applicant’s own behalf or as an agent for one or more others. (OK)
Application: A request for approval of a specific subdivision plan, including an application form as may be prescribed by the Commission, accompanied by all supporting information, documents, reports, and the like which may be required by these Regulations. (OK)
Board of Selectmen: The Board of Selectmen of the Town of Willington. (OK)
Buildable Area: The area, expressed in square feet, within the proposed subdivision which is comprised of the total area of the lot minus the area of all wetlands and watercourses on the lot, minus the area of all land on the lot with slope of over 15 percent, minus the area of all exposed ledge on the lot, minus the area within Special Flood Hazard Areas as defined in Section 4.17 of the Willington Zoning Regulations, and as indicated on the current Flood Insurance Rate Maps of the Federal Emergency Management Agency. (Open for further review…why 15% slopes)
Commercial Road: A road built as part of a commercial subdivision in either a commercial or industrial zone as depicted on the Town of Willington Zoning Map.(Why is this in the regs check for use throughout document)
Commission: The Planning and Zoning Commission of the Town of Willington or PZC. (Check consistency throughout the document)
Common Driveway: A driveway providing access to more than one (1) lot. (OK)
Conventional Subdivision: A subdivision design that is consistent with the provisions of the Willington Zoning and Subdivision Regulations. that would be applicable in the absence of Section 10 (change to VI) (Open Space Subdivision) of the Willington Zoning Regulations. (remove highlighted item)
Cul-de-sac: A dead-end street or any extension of an existing street, or any combination or pattern of streets or extensions thereof, having only one outlet. to a through State or Town road. (OK, once highlighted item is removed)
Date of Receipt: The day of the first regularly scheduled meeting of the Commission immediately following the day of submission of the Application to the Commission, or its agent, or thirty_five (35) days after such submission, whichever is sooner. (OK)
Disturbed Area: An area where the natural vegetative ground cover is destroyed moved or removed or earth is moved. (OK)
Developer: The same entity as the applicant, as defined by these regulations, following subdivision approval, endorsement and recording with the Town Clerk. (Why is this applicable to the regulations?)
Development for Agricultural Purposes: Development (take out Development) exclusively for use as agricultural land, as that term is defined in Connecticut General Statutes Section 22_26bb. (check statute number)
Development Plan: (add POCD and move to alpha order delete Development plan) The Plan of Conservation and Development of the Town of Willington, as it may be adopted and amended from time to time, in accordance with Chapter 126 of the Connecticut General Statutes, as amended.
Development Restriction: A restriction which perpetually prohibits further development or use inconsistent with or inimical to the enhancement, conservation, and protection of a defined area for the benefit of fish, wildlife, plants, or other similar ecosystems, or preserves such areas predominantly in their natural scenic or open condition; but which may, in the sole discretion of the Commission, permit active recreational and/or agricultural uses which do not involve significant alteration or development of the restricted area in a manner which is inconsistent or inimical to the conservation and protection of the restricted area. The required open space may also be used, without restriction, for underground drainage fields for individual or community septic systems, provided that
no portion of such systems protrudes above grade. Storm water management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground utilities. However, land within the rights-of way of overhead power lines or other surface utility lines shall not be included in the minimum required open space. (Why is this valuable to have in…if left in why is the highlighted item necessary?)
Drainage Easement: The right, at any time, to direct the flow of water, whether derived from surface or subsurface sources, across any property owned or proposed to be owned by another. Said right is defined to include direction of the flow of water by any method or means, including but not limited to, unrestricted sheet flows, direction by open ditch or trench, or direction by enclosed conduits. Said right also includes the right to enter upon the property and to maintain said direction of the flow of water in perpetuity. (OK)
Easement: A right, established by deed or other legal means, of one party to use a designated portion of a second party's land for a specific, limited purpose. (OK) Do we need to consider a def. for Conservation Easement?)
Engineer, or (delete engineer and develop a def for engineer) Town Engineer: The engineer of the Town of Willington acting personally or through any assistants authorized in writing for such acts by the engineer. (OK for TOWN Engineer)
Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or gravity. (OK)
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: a.) The overflow of inland or tidal water; b.) The unusual and rapid accumulation or runoff of surface waters from any source. (OK)
Improvement: Any change or alteration to the existing conditions of the subdivision site for the purpose of complying with these Regulations, or any approval granted hereunder, or rendering the site more suitable for development and/or habitation. As used in these Regulations, improvements include but are not limited to: earth filling or removal, seeding and grading, stormwater management control measures, erosion and sedimentation control measures, buildings, utilities, fire protection measures, construction and installation of streets and common driveways, street signs, monuments, and shade trees. (OK)
IWWC (change)Inland Wetlands And Watercourse Commission Agency (Delete): The Inland Wetlands and Watercourses Commission of the Town of Willington.
Half Street: A proposed street, or any extension of an existing street, along and roughly parallel to a property line such that less than the entire required right_of_way and street improvements, longitudinally, would be located on one property. (Seek clarification for readability and understanding from Town Engineer)
Loop Street: A dead-end street or (delete) any extension of an existing street, or any combination or pattern of streets or extensions thereof, having only one outlet to a through State or Town road (delete) and that loops back to intersect with itself.
Lot: The unit or units into which land is divided or proposed to be divided with the intention whether now or in the future, of building on such units or offering such units for sale either as developed or undeveloped sites. (OK)
Minor Local Road: A through road or cul-de-sac with potential for future road interconnection. Design criteria are located in Appendix A. (OK)
Neighborhood Street: Streets that provide access only to homes within a single neighborhood. They may include dead end roads without future interconnection potential and other roads that will not create inter-neighborhood shortcuts. Design criteria are located in Appendix A. (OK)
Open Space: Land within a subdivision, re-subdivision, or open space subdivision which is subject to a Development Restriction. (OPEN FOR FURTHER DISCUSSION AND DEF.)
Open Space Subdivision: A cluster development, as defined by Section 8-18 of the Connecticut General Statutes, in which the dimensions that would otherwise be required for lots under the Willington Zoning and Subdivision Regulations may be reduced for the purposes of encouraging the dedication of additional open space. An open space subdivision may be approved in accordance with Chapter VI of the Willington Subdivision Regulations. (send this back to staff for a def that is clearer and understandable)
Passive Recreation: Recreational activities that do not require either (1) the use of a playing field or playground; (2) the installation of buildings or other structures; or (3) the substantial modification or grading of a tract of land. The installation of a building or structure in connection with a particular recreational activity shall not, in and of itself, cause the activity to be classified as “active” if the building or structure was not necessary to allow the activity to occur. For example, the installation of posts, signs, or water fountains along a hiking trail will not cause hiking to be deemed an active recreational use. (OK)
Road (ADD) Plan and Profile: The drawing(s) depicting respectively the horizontal and vertical design for street construction and drainage, and containing all information required by section 4.03 of these Regulations. (Def OK)
Pre-application Conference: An optional but strongly encouraged preliminary step in the subdivision process. The Pre-application Conference is outlined in Section 3.02. (OK)
Preliminary Layout: The preliminary map, drawing(s) and all required supporting data as required by section 4.01 of these Regulations, indicating the proposed manner and layout of the subdivision to be submitted to the Commission for consideration. (OK)
Print: A blueprint, photostat, lithoprint, or other copy which reproduces exactly the data on the original drawing(s) from which it is made. (OK)
Public Improvement: Any improvement as defined by these regulations that, once installed and approved, becomes a town owned and maintained facility (e.g., (add) a public street). (OK)
Rear Lot: A lot or parcel of land with less than the required frontage for a particular zone and having a permanent access way to an accepted Town or State Road. (OK)
Reserve Strip: Land to be set aside for dedication to the public upon future development. Reserve strips may include land to be used for streets, street connections, pedestrian ways, parks, or other land dedicated to public use. (OK)
Resubdivision: A change in a map of an approved or recorded subdivision or resubdivision if such change: (a) affects any street layout shown on such map; (b) affects any area reserved thereon for public use or open space; 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 of recording of such map. (OK)
Right-of-Way, Street: The distance between property lines measured across and perpendicular to a street, or where no Right-of-Way has been established, twenty-five feet on either side of the center line of the Street Pavement. as defined below. (Delete)
Road: A term used interchangeably with “street”. (OK)
Sediment: Solid material, either mineral or organic, that is transported, or has been moved from, its site of origin. (OK)
Specimen Tree: A tree with a trunk measuring 24 inches or greater in diameter at 4.5 feet above ground level. (Delete Def)
Standard Specifications and Details: The Standard Specifications and Details for construction and materials (available at the Willington Land Use Department). (Refer to staff for clarity)
Street: A street, road, avenue, lane, or other right_of_way either: (a) dedicated and legally accepted by the Town or the State of Connecticut for the purpose of public travel; or (b) shown on a subdivision plan duly approved by the Commission, and filed or recorded in the Office of the Town Clerk, and bonded in accordance with these Regulations. (OK)
Street, Commercial: A street built in a subdivision in either a commercial or industrial zone as depicted in the Town of Willington Zoning Map. (OK)
Street Line: That line separating the public right_of_way of a Street from adjoining properties. (OK)
Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic. (OK)
Street Width: The width of the street pavement. (OK)
Subdivider: A term used interchangeably with “applicant”. (OK)
Subdivision: The division of a tract or parcel of land into three (3) or more parts or lots for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation, or agricultural purposes. The term “subdivision” includes resubdivision. (OK)
Subdivision Plan: The map, drawings, and all supporting data required by these Regulations upon which a plan of subdivision is presented to the Commission for action and which, if approved (including all modification or revisions required by such approval), would be endorsed by the Commission and submitted to the Town Clerk for recording pursuant to Connecticut General Statutes Section 8-25. (OK)
Subdivision Plan, endorsed: A subdivision map, drawings, and all supporting data required by these Regulations that has been approved (including all modification or revisions required by such approval) by the Commission and submitted to the Town Clerk for recording.
Total Area: The total area of the proposed subdivision, re-subdivision, or open space subdivision expressed in square feet.
Town: The Town of Willington, County of Tolland, Connecticut.
Traveled Width: The distance between curb faces, i.e., the width of the Street Pavement, measured in a direction perpendicular to the street.
Unbuildable Area: The area, expressed in square feet, within the proposed subdivision which is comprised of wetlands, watercourses, flood zone A per FEMA maps, exposed ledge, existing and proposed streets and highways, easements and rights-of-way for vehicular access and utilities, and slopes that exceed 15%. Easements and rights-of-way of an undefined width shall be deemed to be twenty-five (25') feet in width.
Watercourse(s): Those areas defined as watercourses by the Willington Inland Wetlands and Watercourses Agency, pursuant to its Regulations, as the same may be amended from time to time, and delineated in the field by a soils scientist registered with the Society of Soil Scientists of Southern New England.
Wetland(s): Those areas defined as wetlands by the Willington Inland Wetlands and Watercourses Agency, pursuant to its Regulations, as the same may be amended from time to time, and delineated in the field by a soils scientist registered with the Society of Soil Scientists of Southern New England.
Yield Plan: A conceptual subdivision plan depicting conventional subdivision lots that is used to determine the lot yield for an open space subdivision. A yield plan is not intended to involve significant engineering costs; however, it must be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional subdivision layout. Consequently, yield plans must identify physical and other features that would limit or restrict the use of the parcel for development, including, but not limited to, topographic contours at an interval of no more than five (5) feet; wetlands and watercourses; 100-year floodplains (Flood Zones A, as shown on FEMA maps); slopes exceeding fifteen percent (15%); exposed ledge; and
easements and rights-of-way affecting the parcel. The yield plan will be reviewed by the Commission which may approve or reject it, in parts or in its entirety, if it is not realistic and/or shows lots that would not be ordinarily permitted in a conventional subdivision layout. The determination of lot yield is the sole discretion of the Commission.
Action Items:
From 1/13/09 Workshop
- Why 15% slopes….Ask for clarifications
- Developer…Why is the definition needed.
- Obtain definition of conservation easement from Conservation Commission
- Add engineer definition. into document
- Half-Street - ask Town Engineer to explain definition
- No definition of Final subdivision plan
- Standard Specifications and Details: The Standard Specifications and Details for construction and materials (available at the Willington Land Use Department). (Refer to staff for clarity)
Chapter Assignments for Review and Discussion Lead
Chapter 2 – Peter – Reviewed on 01/13/09
Charter 3 - Andy
Chapter 4 - Poole
Charter 5 - Matt
Chapter 6 - John
Chapter 7 - Ed
Chapter 8 - Phil
Chapter 9 - Tom
Notes taken by:
Jim Poole
PZC Alternate
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