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Chapter 3 - Procedure
        CHAPTER III _ PROCEDURE


SECTION 1.  REQUIREMENT OF APPROVAL OF SUBDIVISION PLAN

a)      Subdivision Plan Approved and the Sale of Lots.  All plans for the subdivision or resubdivision of land must be submitted to the Commission for approval and no lot resulting from or affected by the subdivision or resubdivision of any tract or parcel of land shall be sold or offered for sale or use for building development and no Certificate of Zoning Compliance (Zoning Permit) for any use, nor any building permit for the erection or enlargement of any building on such lot shall be granted without the prior approval of the subdivision or resubdivision plan, or any amendment thereof, by the Commission, and the filing of the endorsed Final Subdivision Plan in the Office of the Town Clerk.

b)      Purpose of Recommended Preliminary Procedure.  Before submitting an application which must comply with the requirements of these Regulations including requirements for a Final Subdivision Plan, the preliminary procedure recommended in Chapter III, Section 2 should be followed to save time and expense.  This is a recommendation and not a requirement.  A letter requesting consideration of the application under "Preliminary Layout", Chapter III, Section 2 shall be submitted by the applicant with the application.

c)      Amended Subdivision.  An amended subdivision may be approved by the Commission, with or without public hearing, upon request of the Applicant.  All provisions of the original approved subdivision or resubdivision shall be complied with, except as specifically approved by the Commission.  No amended subdivision shall be deemed final until an endorsed Final Subdivision Plan has been filed in the Office of the Town Clerk.

SECTION 2.  PRELIMINARY LAYOUT

a)      Application.  The subdivider, hereinafter sometimes called the applicant, may present to the Commission a request for the consideration of a Preliminary Layout.  Six (6) paper prints of the Preliminary Layout, in accordance with Chapter IV, Section of these Regulations, shall be filed with the request.

b)      Technical Reports.  The applicant shall obtain from a licensed professional engineer a written report or reports as to the general feasibility of the following:  The proposed water supply, and the proposed drainage plan and sewage disposal in the area to be subdivided, and shall deliver said report(s) to the Commission.  The applicant shall cause to be performed, at his expense, such seepage and other tests as the appropriate Town officer or officers may request.  The Commission may request such other report(s) as are deemed advisable.

c)      Check by Commission.  At the time of the filing of a request for the consideration of a Preliminary Layout, the Commission or its designee shall check such request and layout and when the information con_ tained in said request is substantially complete in accordance with Chapter IV, Section 1 of these Regulations, the matter shall be placed on the agenda for a regular public meeting of the Commission.  The applicant shall certify that the information contained in the request and layout is true and correct and meets the requirements of these Regulations and any other applicable town or state regulations. Whenever desirable, the Commission and/or its representative(s) may examine the site of the proposed subdivision with the applicant or his authorized representative(s), prior to said meeting, and the applicant, by making a request under this Section, shall be deemed to consent to such site examination.

d)      Notice of the Meeting of Commission.  The Commission shall notify the applicant, prior to said meeting, of the date, time and place of the meeting of the Commission at which the Preliminary Layout is to be considered and the applicant, or his fully authorized representative, should attend said meeting unless he has notified the Commission at least one day prior to said meeting of his inability to attend.

e)      Consideration of Preliminary Layout.  The Preliminary Layout will be considered at a regular public meeting of the Commission at which it is on the agenda.  The Commission may hold a public hearing on any such request, and even in the absence of a public hearing, may, in its sole discretion, permit persons to be heard and written communications received at such meeting.

f)      Effect of Consideration of Preliminary Layout.  The purpose of the consideration of the Preliminary Layout is purely to provide preliminary guidance to the applicant, and to identify areas of concern or further study, so as to minimize delay, expense and inconvenience to the public, the applicant, and the Commission upon the future receipt, if any, of a formal application for subdivision.  Neither the applicant nor the Commission shall be in any way bound by any statement made during such Preliminary Layout consideration, nor shall the statement of any Commission member be deemed to be an indication of prejudgment or prejudice, it being acknowledged by the applicant that the Commission's responses, like the request itself, are preliminary and subject to further change and refinement.  There shall be no vote or other formal action on any request for Prelim_ inary Layout consideration, other than referrals to other municipal, State, or Federal agencies for review and comment if deemed advisable by the Commission.

SECTION 3.  FINAL SUBDIVISION ACTION

a)      Filing of Final Subdivision Application.  Any applicant seeking Subdivision or Resubdivision approval shall file in the office of the Commission the following (in duplicate, unless otherwise noted):

        i)      An application on forms provided by the Commission, signed by the applicant and also the owner of the land to be subdivided or his authorized agent;

        ii)     A non_refundable application fee, in the form of a check made payable to the Town of Willington, as follows:  Fifty ($50.00) Dollars for each application, or Twenty_Five ($25.00) Dollars per lot, or the maximum fee as may be authorized by Connecticut General Statutes §8_26, whichever is greater;

        iii)    Ten (10) prints of a Final Subdivision Plan conforming to Chapter IV, Section 2 of these Regulations;

        iv)     Ten (10) prints of a Plan and Profile conforming to Chapter IV, Section 3 of these Regulations;

        v)      A Hydraulic Study conforming to Chapter IV, Section 4 of these Regulations;

        vi)     Ten (10) prints of an Erosion and Sediment Control Plan, in accordance with Chapter IV, Section 5 of these Regulations;

        vii)    A final report from the Town Board of Health or its designee indicating compliance with the Public Health Code for each and every lot depicted upon the Final Subdivision Plan; or, if the applicant proposes to utilize a community sewerage system, as defined in Connecticut General Statutes Section 7_245, a report from the Willington Water Pollution Control Authority indicating that all requirements of Connecticut General Statutes Section 7_245f have been satisfied;

        viii)   A report from, and evidence of approval by, the Willington Inland Wetlands and Watercourses Commission of any permits required pursuant to the Willington Inland Wetlands and Watercourses Regulations for the Final Subdivision Plan as submitted; and, in addition, written evidence of approval of the activities depicted on the Final Subdivision Plan by the U.S. Army Corps of Engineers, where required by applicable law.

        ix)     In accordance with Section 8_25a of the Connecticut General Statutes, as amended by Public Act 84_330, any subdivision providing water by means of a "water company", as that term is defined in Connecticut General Statutes Section 16_262m(a), shall provide to the Commission a certified copy of the Certificate of Public Convenience and Necessity issued for the subdivision by the Connecticut Department of Public Utility Control; or, in the alternative, a certified copy of the a resolution from the Willington Board of Selectman waiving such Certificate and agreeing that the Town of Willington shall be responsible for the operation of the subject water company in the event that the company is at any time unable or unwilling to provide adequate service to its customers.

        x)      A written estimate, prepared and sealed by the applicant's Connecticut Registered Professional Engineer, of the cost of installation of any and all Improvements depicted on the Final Subdivision Plans or required by these Regulations.  Such written estimate shall contain a detailed analysis of the materials and services required, the cost per unit, and such other information as the Town Engineer may require to facilitate his/her review of the estimate.  The Town Engineer shall review the estimate, and make a recommendation to the Commission that it be accepted with or without modifications.

        xi)     Each sheet of the Final Subdivision Plans shall contain a printed signature box as follows:



************************************************************

        APPROVED

        WILLINGTON PLANNING & ZONING COMMISSION



        ~~~~~~~~~~~~~~~~~~~~~~~~~                              ~        ~~~~~~~~~~~~~~~~~~~~~~~~
        Chairperson/Secretary   Date


        THE SEVEN_YEAR APPROVAL PERIOD EXPIRES ON ~~~~~~~~~~~~~~~~~.

************************************************************



        xii)    Where the proposed subdivision includes only a portion of an existing tract, or only a portion of the applicant's property, a preliminary plan of the future street and lot pattern for the remainder of the tract or property shall be submitted.

        xiii)   Where existing topography is proposed to be altered, the volumes of material to be removed from, or brought onto, the site; areas of proposed blasting, and the estimated volume thereof; the location to which excavated material being removed from the site will be deposited, if known, and the time within which such removal is anticipated to occur.

        xiv)    A description of any existing deed restrictions, covenants, easements,
                rights_of_way, or similar encumbrances which run with the land, including the identity of the dominant and servient estates, the volume and page of the Willington Land Records where the same are recorded, and the date upon which they will expire, if any.

        xv)     The name, address, responsible loan officer of the holder, and volume and page of recording, of any mortgage deed secured by the property to be subdivided.

        xvi)    A parcel history map, depicting the tract as of the effective date of the adoption of subdivision regulations for the Town of Willington (November 11, 1975).  Such map shall be at a scale of 1" = 200', more or less, and shall indicate all divisions of the property, or any property of which was formerly a part, since the said effective date of subdivision regulation in Willington; and a table containing the dates of such divisions and the grantors and grantees of any parcels so created.

        xvii)   In accordance with C.G.S. §8_3i, in any subdivision application for any property which is within the watershed of a water company, as defined in C.G.S. §16_1, the applicant shall provide written notice of the application to the water company, provided such water company has filed a map showing the boundaries of the watershed on the land records of the Town.  Such notice shall be by certified mail, return receipt requested, and shall be mailed at the time of application.  The applicant shall submit evidence of such notice to the Commission at the time of application.

It is the burden of the applicant to submit a complete application, and to demonstrate compliance with all criteria and requirement of these Regula_ tions and, accordingly, the applicant may submit such additional reports or information as may be required to satisfy that burden.  Any application found to be incomplete may be denied by the Commission without prejudice to a future complete application.

The filing of an application with the Commission shall be deemed to constitute permission by the applicant for the Commission or its agents to enter onto the subject property for the purpose of inspections and tests; and, if the Commission designates a formal site walk, such permission shall allow the general public, in company with the Commission only, to inspect such property.

b)      Technical Approval or Report.  In addition to the above, the applicant shall provide from a licensed professional engineer a written report of the adequacy of the water supply and sewerage arrangements, and from a licensed professional engineer and land surveyor of the proposed grades, drainage arrangements and drainage easements as shown on the Plan_Profiles and the Final Subdivision Plan.  The applicant shall also obtain from the appropriate Town officers such other reports as the Commission may require.  Where significant environmental impact may be involved, the Commission may request a review of the application by the Eastern Connecticut Conservation and Redevelopment Area Environmental Review Team.  The Commission may also require an Impact Statement in accordance with Chapter XII of these Regulations.

c)      Receipt by Commission.  Following the Date of Receipt of the application for Final Subdivision in the Planning Office, the Commission shall place the matter on the agenda of its next regular meeting for acknowledgement, provided the complete application is received in the proper form at least one (1) week prior to such meeting.  If the aforesaid time requirement is not met, the Plan shall be held for the following public meeting of the Commission.  Regardless of the appearance on the Commission's agenda for acknowledgement, the legal date for the receipt of the application shall be in accordance with the Connecticut General Statutes.

d)      Notice of Meeting of Commission.  The Commission may, in its discretion, schedule a public hearing as provided by Statute on any application for Final Subdivision, and may, even in the absence of such public hearing, allow the interested persons to  be heard at the Commission's sole discretion.  In any application for Resubdivision, a public hearing shall always be scheduled.  Any such public hearing shall commence no later than sixty_five (65) days following the Date of Receipt of the application, and shall be completed no later than thirty (30) days following its commencement.  Upon written approval by the applicant, said time limitation may be extended by the Commission one or more times, provided the total period of any such extension or extensions shall not exceed the original time period.

e)      Notices Mandated by Statute.

        In accordance with C.G.S. §8_26b, any proposed subdivision which will abut or include land in another municipality, shall be referred to the regional planning agency or agencies of the region in which the other municipality or municipalities is/are located, prior to action on such subdivision application.

        In accordance with C.G.S. §8_26f, the Commission shall notify the clerk of any adjoining municipality of the pendency of any application concerning any subdivision in which (1) any portion of the property affected is within five hundred (500') feet of the boundary of the adjoining municipality; (2) a significant portion of the traffic to the completed subdivision will use streets within the adjoining municipality to enter or exist in the subdivision; (3) a significant portion of the sewer or water drainage from the subdivision will flow through or significantly impact the drainage or sewerage system within the adjoining municipality; (4) water run_off from the subdivision will impact streets or other municipal or private property with the adjoining municipality.  Such notice shall be made by certified mail and shall be mailed within seven (7) days
        of the receipt of the subdivision application, and no public hearing shall be held on any subdivision application unless or until such notice has been received.  The adjoining municipality may, through a representative, appear and be heard at any hearing on such application.

        In accordance with C.G.S. §8_3i, in any subdivision application for any property which is within the watershed of a water company, as defined in C.G.S. §16_1, the applicant shall provide written notice of the application to the water company, provided such water company has filed a map showing the boundaries of the watershed on the land records of the Town.  Such notice shall be by certified mail, return receipt requested, and shall be mailed at the time of application.  The applicant shall submit evidence of such notice to the Commission at the time of application.  Such water company may, through a representative, appear and be heard at any hearing on such application.

        The applicant or his authorized representative should attend the public hearing.  The applicant shall also notify all adjoining land_ owners of record of the date, time and place of the public hearing of the Commission at which said Subdivision is to be considered no less than ten (10) days preceding the date of said hearing, and shall also notify them of any continuance of said hearing due to inability of the applicant to be present and shall submit proof to the Planning Office of such notification.

f)      Consideration of Final Subdivision Application.  The Commission will study the Final Subdivision application and all accompanying reports and other documents, and any new information or changed conditions which might necessitate alteration of the application, provided, however, that, in those cases where a public hearing has been held, the Commission shall receive no further testimony or information, orally or in writing, in public or in private, once the public hearing has been closed, other than from the Commission's staff, or disinterested Town, State, or Federal agencies, advisors, or officials.

g)      Action by the Commission.  Within sixty_five (65) days from the Date of Receipt of
        the Final Subdivision application if no public hearing is held, or within sixty_five (65)
        days from the close of the public hearing, the Commission shall take action on the
        Final Subdivision application.  Such action shall consist of approval, modification and
        approval, or disapproval of the application.  "Modification", as used in this Section,
        may include conditions which must be satisfied prior to endorsement and filing of the
        Final Subdivision plans, prior to the issuance of Certificates of Zoning Compliance,
        prior to the release of bonds, or at other appropriate points in time.  Upon written
        approval by the applicant, said time limitation may be extended by the Commission
        one or more times, provided the total period of any such extension or extensions
        shall not exceed the original time period.  In addition, in the case of any application
                involving an activity regulated under the Willington Inland Wetlands and
        Watercourses Regulations, the time limit for action shall be extended to thirty_five
        (35) days following a final decision on such activity by the Willington Inland Wetlands
        and Watercourses Commission if for any reason the report of the said Commission
        was not received at the time of application, or required updating due to changes in
        the application during its pendency.

h)      Notification of Action.  Within fifteen (15) days after action by the Commission, the Commission shall notify the applicant and all adjoining landowners who shall have requested notice in writing, of the action taken by the Commission.  Such notice shall be by publication in a newspaper of general circulation in the Town of Willington, and by sending a copy thereof by registered or certified mail to the applicant, and by regular mail to the aforesaid adjoining landowners, on or before the date of publication.  Such notice shall be a simple statement that such application was approved, modified and approved, or disapproved, together with the date of such action.  Any person aggrieved by the official action of the Commission may appeal there_ from within fifteen (15) days of publication of notice of such official action to the Superior Court, as provided by Statute.

i)      Endorsement of Final Subdivision Plan.  Upon approval of an application, the applicant shall, within sixty_five (65) days of approval, provide a Final Subdivision Plan on a material suitable for filing in the office of the Willington Town Clerk, which Plan shall incorporate any modification attached to such approval, and shall be accompanied by any documents required by these Regulations, such as bonds, road deeds, liens, conservation and drainage easements, and the like.  Any conveyance to the Town of Willington shall be accompanied by a current Certificate of Title, prepared by an attorney admitted to the bar of the State of Connecticut, and certifying that such conveyance is free and clear of, or subordinated to, any mortgage, lien, restriction, or other encumbrance.

        The Plan for filing shall include, reproduced on the face thereof, a copy of the motions of approval (including any conditions or modifications made a part thereof) from both the Commission's subdivision approval and any Inland Wetlands Permit approved by the Willington Inland Wetlands and Watercourses Commission.  Thereafter, the Commission shall designate the Chairman or Secretary to endorse the Plan and the date thereof upon the Plan in its behalf.

j)      Filing of Plan.  At such time as the Commission Chairman or Secretary endorse the Final Subdivision Plan in accordance with the preceding paragraph, the Commission shall cause the applicant to be notified, by certified mail, that such endorsement has occurred.  Within ninety (90) days following the date of such notice, the applicant shall file the endorsed Final Plan with the Town Clerk and pay any necessary filing fees.  The Commission may, upon request of the applicant, grant up to two (2) extensions of up to ninety (90) days each for such filing.  Any Final Subdivision Plan not so filed shall become void.  The Commission shall have no responsibility to retain any Final Subdivision Plans rendered void by operation of this provision.

k)      Alteration of Final Subdivision Plan Prior to Filing with Town Clerk. If the Final Subdivision Plan is altered, changed, erased or revised in any way between the time the Commission's approval is endorsed thereon and the time the Plan is filed with the Town Clerk, the approval shall be void unless the alteration has been approved by the Commission and so indicated on the Plan.

l)      Alteration of Final Subdivision Plan After Filing with Town Clerk. If the Final Subdivision Plan is altered, changed, erased, or revised in any way after the time the Plan is filed with the Town Clerk, the approval shall be void unless the Amended Subdivision has been approved by the Commission and a new Final Plan endorsed and filed with the Town Clerk.