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Department of
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SECTION 2.06- CONSIDERATION OF PROPOSED SUBDIVISIONS
Upon finding by the Commission that the application requirements have been met, the Commission shall consider the application in accordance with the Connecticut General Statutes, as amended, and the following procedures;
2.06.01 Submission
to Regional Planning Agencies and Adjoining Towns
Regional Planning
Agencies and adjoining towns shall be notified by the Commission of the
pendency of any applications as required in Sections 8-26b and 8-26f of the
Connecticut General Statutes, as amended.
2.06.02 Hearing
Public Hearings shall be required for all re-subdivisions. The Commission may require a
public hearing for subdivision, however the Commission may waive the requirement for a
public hearing if the Commission determines that a public hearing is not necessary.
When a public hearing is required, the application will first be scheduled as New Business
on the agenda and at that meeting a public hearing shall be scheduled. Hearings and
extensions of hearings are allowed which are consistent with the Connecticut General
Statutes, as amended.
2.06.03 Public Hearing Notice
Notice of any public hearing for any reason authorized by
this Code shall be given as required by the Connecticut General Statutes, as
amended. Additionally, the applicant shall cause to be posted as a sign or
signs and written notice to be given notifying the public of a public hearing
related to an application for all such hearings. The signs and written
notice shall be the responsibility of the applicant and posted subject to the
following conditions:
- The sign shall be posted seven (7) calendar days prior to the date of the public hearing (Eight (8) days if the seventh day is a holiday) and shall not be removed by the applicant until the hearing is closed;
- The sign shall be firmly secured to the ground or structure to
prevent vandalism and shall be along the most visible portion of road
frontage. The sign shall be erected in a manner so as to be visible to
traffic moving in both directions and be perpendicular to the roadway, except
in the case of signs at the end of cul-de-sacs. If there is more than
one frontage of the parcel on an improved street or streets, one sign for each
frontage shall be
posted;
(Section amended effective 7/15/01) - The composition of the sign shall be of durable material (wood or metal) forty (40) inches by forty (40) inches in size painted white with black lettering have a minimum height of four (4) inches with a letter stroke of one (1) inch;
- The signs shall advertise the date, time, and place of the public hearing;
- The Zoning Enforcement Officer shall file a report with the Commission that the sign was observed in place in accordance with the above;
- A proponent who fails to display the sign shall be required to withdraw and file a new application and fee;
- The sign shall be taken down one (1) week after the public hearing is closed;
- Any sign not removed shall be ordered to be removed by the Zoning Enforcement Officer, who is authorized to rescind and revoke any approval for non compliance;
- Applications shall include a list, prepared by the applicant, of the names and mailing addresses of the owners of all parcels of land included within the application and abutting the subject property as shown on most records on file in the City Tax Assessor's Office (or the actual owners of record if otherwise known by the applicant). If a condominium project abuts such property, the applicant shall list the owners of such units which abuts such property directly and the condominium association (all owners not required). The applicant shall mail notification of said pending application to at least one (1) owner of each such property not more than fifteen (15) days or less than ten (10) days before the public hearing, by transmitting the text of the public hearing notice as provided by the Commission;
- Evidence of such mailing, in the form of United States Post Office Certificates of Mailing, shall be submitted to the Planning Office along with the above said list of property owners, not less than five (5) calendar days prior to the hearing date. Failure to comply with any of the procedures required herein, shall be deemed valid basis for denial of the subject request; and
- These requirements shall apply to any amendment
proposed by the Commission unless the project would require the mailing of
greater than fifty (50) certified letters or the posting of more than two (2)
signs.
(Section amended effective 10/1/96)2.06.04 Review by Others
Plans and maps may be transmitted to the Health Department, Public Works Department, Water and Sewer Departments, Police Department, Fire Department and the Conservation Commission, when appropriate, for comment and recommendations. When appropriated or required, the Commission may refer the application to other local, regional, or state agencies or utility companies for their comments and recommendations or may seek the advise of private independent experts or consultants.2.06.05 Decision
The Commission shall approve, modify and approve, or disapprove, any subdivision or re-subdivision application and maps and plans submitted therewith within sixty five (65) days after the close of the public hearing. Extensions consistent with the Connecticut General Statutes, as amended, are allowed.2.06.06 Conditions
In granting approval the Commission may attach such conditions that it deems necessary to modify the subdivision map, plans or documents, and to preserve the purpose and intent of these regulations. All required revisions must be reflected on a revised plan submitted to the Planning and Zoning Department after the granting of preliminary approval and prior to commencement of construction.2.06.07 Denial
In the event a subdivision application is denied, no work on said proposed subdivision may be undertaken, nor improvements made or constructed, nor contract for sale of or an offer to sell any lots in such subdivision negotiated, nor any permit for the erection of any structure issued or granted, until such time as a new subdivision application concerning said subdivision has been submitted to the Commission and reviewed and approved in accordance with these Regulations and the Connecticut General Statutes, as amended. Applications may be denied by the Commission if the application failed to conform to the purposes and requirements of these regulations.2.06.08 Notice of Action
Notice of all official actions shall be published in a newspaper and mailed to the applicant as required in the Connecticut General Statutes, as amended.