Sidebar Subdivision Regulations

Online version is NOT official, it is only for use as a reference.
Official copies can be viewed or purchased at the
Department of Planning, Conservation, and Development.

SECTION 1.10- INSPECTION; MODIFICATION; INDEMNIFICATION; ENFORCEMENT; PENALTIES AND APPEALS

1.10.01 Inspection
Upon the submission of a subdivision application the owner, applicant and/or other authorized agent of the owner/applicant hereby grants to the members of the Planning and Zoning Commission and/or its agent permission to enter upon the property proposed for subdivision periodically for the purpose of inspection and enforcement of the regulations of the City of Middletown.

1.10.02 Modification
Applications for subdivision modifications which are necessitated by site conditions or which are deemed to be in the public interest shall be approved by the Commission; except that modification which are found to be of minor nature and do not materially alter the subdivision may be authorized by the Planning Director with the concurrence of other pertinent City officials.

Minor Modifications- include, but are not limited to, minor deviations from the approved grading plan , minor changes in water lines, sanitary sewers and the storm water system. Minor modifications in no way effect the number of lots or permit deviations from city standards and specifications.

1.10.03 Indemnification of City and Commission
Each applicant and/or owner of land who consents to an application, as outlined in these Regulations, shall be deemed to agree, by making or consenting to such application, to indemnify, and hold harmless the City, its officers, agents, servants, and employees, the Commission, and authorized representatives acting within the scope of authority vested by these Regulations, from all claims, demands, and liability, for any and all personal injuries, damages, losses and expenses, of whatever kind and nature incurred by any person arising out of or in connection with the performance, correction, re-execution, cessation, or any related delays of work that are part of the subdivision plan approved under these regulations.

Nothing in these regulations is intended to require any work to be performed under supervision, direction, or control of the City or the Commission.

The Commission and the City of Middletown accept no responsibility for an individual's financial loss or hardship due to the illegal sale of a lot prior to the granting of final approval.

1.10.04 Enforcement
These regulations and the Middletown Code of Ordinances, Section 21-2, as amended, designated the Zoning Enforcement Officer to serve as the Enforcement Officer who shall enforce the provisions of these regulations. Additionally, the Public Works Department and the Water and Sewer Department shall be responsible for the proper installation and dedication of any public improvements. The enforcement officer may order any place, premises, or work to be inspected or examined by appropriate City staff; order the cessation of any work when any condition is found to violate these regulations; and order the remedy of any such condition. The Enforcement Officer and the Commission may institute an action or proceeding to prevent or restrain any such work, or to correct or abate any such condition. In addition to any civil or criminal penalties or other remedies as may be provided by law, a violation of these Regulations may be enforced by mandatory or other injunctive relief.

1.10.05 Penalties
Any person, firm , or corporation found by the Zoning Enforcement Officer to be making any subdivision of land without the approval of the Commission shall be fined, as provided for in the Connecticut General Statutes, as amended.

1.10.06 Appeals
Any person aggrieved by an official action or decision of the Commission may appeal, in accordance with the Connecticut General Statutes, as amended.

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