§ 2. Application requirements and procedures.

2.1 Presentations: All applications, maps, plans, documents, and data required by these Regulations shall be submitted by mail or by hand to the Southbury Planning Commission at the office of the Commission in the Town Hall. Such material shall be considered received on the date of the next Regular Meeting of the Commission immediately following the day of submission at the office of the Commission, or 35 days after such submission, whichever is sooner.

2.2 Pre-Application Planning Review: The Commission recommends that prior to submission of an official application, the applicant prepare a preliminary plan of the subdivision or resubdivision for informal review by the Planning staff in order to encourage a high quality of design that includes safe and habitable building lots, suitable roads and utilities, preservation of valuable natural and historic appearances and beauty of the neighborhood and community.

2.3 Application Requirements: In order to make application for approval of a subdivision or resubdivision, the applicant shall submit the following:

2.3.1 Application: Application for approval of a subdivision or resubdivision shall be made to the Commission in writing on forms prescribed by the Commission and signed by the applicant or his lawful agent; if the subdivision or resubdivision is proposed by a person, firm or corporation other than the owner of the land to be subdivided, the application shall also be signed by the owner or his lawful agent.

2.3.2 Application Fee: An application fee shall be paid to the Town of Southbury in accordance with a certain ordinance entitled "Fee Schedule Ordinance" adopted by the Town of Southbury and the same may be amended from time to time.

2.3.3 Site Development Plan: A SITE DEVELOPMENT PLAN, meeting the standards of Par. 3.2, shall be submitted with the application. Six (6) blue line or black line prints shall be submitted. The Commission, upon written request of the applicant, may determine that a SITE DEVELOPMENT PLAN is not needed and need not be submitted in the following cases:

a.

a resubdivision; or

b.

a subdivision of not more than five (5) lots fronting on an existing public street.

2.3.4 Subdivision Map: Six (6) blue line or black line prints of a RECORD SUBDIVISION MAP, meeting the standards of Par. 3.3, shall be submitted with the application; six (6) prints of any RECORD SUBDIVISION MAP subsequently revised shall be submitted.

2.3.5 Construction Plans: Six (6) blue line or black line prints of the CONSTRUCTION PLANS, as applicable to the application and meeting the standards of Par. 3.4, shall be submitted with the application; six (6) prints of any CONSTRUCTION PLANS subsequently revised shall be submitted.

2.3.6 Soil Erosion and Sediment Control Plan: As required under Par. 4.25, six (6) copies, including blue line or black line prints of maps and plans, of a SOIL EROSION AND SEDIMENT CONTROL PLAN, meeting the standards of Par. 3.6 shall be submitted with the application; six (6) copies of any CONTROL PLAN subsequently revised shall be submitted.

2.3.7 Grading Plan: A GRADING PLAN, meeting the standards of Par. 3.5, shall be submitted with the application, covering substantial or critical areas of the subdivision that may be subject to excavation, grading, deposit or removal of earth or stone materials such as to complete road, drainage or other subdivision improvements or to prepare building lots, including driveway access, sewage disposal areas and building sites for development. When requested in writing by the applicant and the applicant states that no excavation, grading, deposit or removal of earth or stone materials is proposed other than minor work incidental to street construction, landscape and building construction, the Commission may by a three-quarters vote of all the members of the Commission vote that a grading plan is not needed and need not be submitted. In addition, on request by the applicant and approval by the Commission, the GRADING PLAN may be shown on or combined with the SITE DEVELOPMENT PLAN. Six (6) blue line or black line prints of the GRADING PLAN shall be submitted with the application; six (6) prints of any GRADING PLAN subsequently revised shall be submitted.

2.3.8 Seepage Tests: When the subdivision is not to be served by sanitary sewers, the applicant shall present the results of soil tests taken in order to determine the suitability of soil conditions for private sewage disposal systems. A deep hole test and a percolation test shall each be located on that portion of the lot on which it is anticipated that the primary leaching field of the disposal system will be located and on the portion of the lot on which it is anticipated that the reserve leaching field of the disposal system will be located. Tests shall be made in accordance with specifications and procedures of the State of Connecticut. The location and results of all tests shall be submitted to the Commission.

2.3.9 State Highway Connection: Where a proposed street, storm drainage system or driveway joins with a State Highway, the applicant shall present a copy of a letter or other document giving evidence that the construction plans have been submitted to the Connecticut Department of Transportation with an application for a permit for such connection in accordance with the Connecticut General Statutes.

2.3.10 Wetlands and Watercourses: If an application involves land regulated as an inland wetland or watercourse under the provision of Chapter 440 of the Connecticut General Statutes , the applicant shall submit an application to the Southbury Inland Wetlands Agency no later than the day the application is filed for subdivision or resubdivision. The Commission shall not render a decision until the Inland Wetlands Agency has submitted a report with its final decision to such Commission. In making its decision, the Commission shall give due consideration to the report of the Inland Wetlands Agency.

2.3.11 Flood Hazard Assurances: When the subdivision includes land within a Special Flood Hazard Area, written assurances shall be presented as follows, prepared by and bearing the seal of a professional engineer licensed as such by the State Board of Examiners for Professional Engineers and Land Surveyors of the State of Connecticut:

a.

that the flood carrying capacity of any altered or relocated watercourse in the Special Flood Hazard Area will be maintained;

b.

that any proposed encroachment on the regulated floodway by construction of improvements or excavation, grading or depositing of materials, will not result in any increase in flood levels in the Town during the occurrence of the base flood discharge; and

c.

that each lot is capable of accommodating an on-site sewage disposal system, and on-site water supply system if applicable, in a manner that avoids impairment of the system and contamination from the system during flooding.

2.3.12 Slope and Wetlands Analysis: To conform to open space standards of these regulations, as stated in Par. 4.18 and Administrative Policy No. 5, the applicant shall submit a plan which accurately depicts the areas of wetlands and steep slopes on the parcel. This plan shall provide the Commission with calculations including percentage of land in these categories for the entire tract and for the open space parcel.

2.4 Additional Requirements: Upon review of the application and information submitted under Par. 2.3, the Commission may require the submission of additional information as follows:

2.4.1 Sanitation Report: The applicant shall submit a written report, prepared by a professional engineer licensed to practice in the State of Connecticut, describing the tests and results thereof submitted under Par. 2.3.8 and certifying either that each lot is satisfactory for private sewage disposal and/or water supply systems constructed in accordance with the standards of the State of Connecticut or specifying the location or conditions under which each system would meet such standards.

2.4.2 Design Data: Pertinent survey data and construction design computations shall be presented for review by the Commission and the Board of Selectmen.

2.4.3 Additional Evidence: Additional evidence shall be submitted to establish the following to the satisfaction of the Commission:

a.

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.

that proper provision will be made for water, drainage and sewerage;

c.

that proper provision will be made for protective flood control measures in areas contiguous to brooks, rivers or other bodies of water subject to flooding;

d.

that open spaces for parks and playgrounds will be established in places deemed proper by the Commission;

e.

if the Commission shall have adopted a plan of development affecting the area of the proposed subdivision, that any proposed street shown on the subdivision plan is in harmony with existing or proposed thoroughfares shown on said plan, especially in regard to safe intersections with such thoroughfares;

f.

that any street proposed as a cul-de-sac is possible and practical and there is not a practical means to continue the street through to an abutting property.

g.

if any street in the subdivision is not to be dedicated to the Town, that proper provision will be made for ownership, operation and maintenance of the street and the drainage system and other appurtenances thereto;

h.

that provision has been made in the planning and design of the subdivision to enable the use of solar energy systems to the maximum extent possible.

2.5 Formal Consideration: After the above application requirements have been met to the satisfaction of the Commission, the following procedures shall be followed by the Commission in its formal consideration of the application:

2.5.1 Submission Review: The Commission shall determine that the application submitted under Par. 2.3 is complete. Failure to submit a complete application will be cause for disapproval of the application.

2.5.2 Review by Others: The Commission may transmit copies of the maps and plans to the Director of Health of the Town of Southbury and construction plans to the Board of Selectmen for their review and recommendations. Copies may also be sent to other Town boards and commissions, other public agencies and officials and to consultants as in the opinion of the Commission may be advisable, for their information, review and recommendations.

2.5.3 Hearing: A public hearing regarding an application for approval of a subdivision may be held by the Commission, if, in its judgment, the circumstances require such action. The Commission shall hold a public hearing on any application for a resubdivision. Notice of any public hearing shall be given as required by law. Whether or not a public hearing is held, every applicant shall be afforded the opportunity to appear before the Commission to discuss the application before final action by the Commission.

2.5.4 Decision: After the public hearing, if any, or after the meeting afforded the applicant, the Commission shall approve the application if it shall find that the maps, plans, documents and data conform to the requirements of these Regulations. Approval shall include and be conditioned upon the following as applicable to the particular application:

a.

a date when construction of roads, drainage and other improvements is authorized and a date when such construction shall be completed, which completion date shall not be later than two (2) years after the date when construction is authorized;

b.

completion of any required road, drainage or other subdivision improvements, including common driveways serving more than one lot, prior to endorsement of the RECORD SUBDIVISION MAP or, in lieu of completion prior to endorsement, execution of an agreement and posting of a bond guaranteeing such completion;

c.

presentation of conveyances to the Town for easements or dedication of open spaces, and street right-of-ways;

d.

presentation of evidence of approval from the Connecticut Department of Transportation for any proposed street or storm drainage system which joins with a State Highway;

e.

presentation of evidence that final arrangements have been made for provision of any proposed public water supply by a public utility company;

f.

presentation of a copy of a permit from the Southbury Inland Wetlands Agency, as may be required under the regulations of such Agency, for conduct of any activity necessary to complete required streets, drainage and other subdivision improvements;

g.

presentation of evidence that the SOIL EROSION AND SEDIMENT CONTROL PLAN has been certified in accordance with the Town of Southbury Soil Erosion and Sediment Control Ordinance ;

h.

where the subdivision involves construction of improvements or excavation, grading or depositing of materials in a Special Flood Hazard Area, presentation of a copy of the Flood Hazard Area Permit issued by the Building Official of the Town of Southbury under the Flood Plain Management Ordinance ;

i.

presentation of one mylar of the record map and one mylar of the road construction plans and six prints of all maps and plans as modified and approved by the Planning Commission, for required signatures;

j.

presentation of one (1) mylar of the Record Subdivision Map at a scale of 1 inch = 1,000 feet and presentation of a mylar at a scale equal to the Assessor's scale for that area.

k.

authorization for the Commission Chairman or Secretary to endorse the RECORD SUBDIVISION MAP when all conditions of approval have been met.

l.

In addition to the final plans submitted in hard copy format, a digital data file shall be provided to the Town in one of the following formats:

PDF, JPEG; TIFF and BMP

All digital files must be mapped to scale and submitted to the Town on CD-ROM. A documentation form is to be completed and included with each digital submission. The datums used for each project are to be included with each digital submittal. The town has adopted NAD83, Connecticut State Plane, feet as its horizontal datum and NAVD 88 as its vertical datum. It is therefore preferred that projects and their submittals tie to these datums.

If the developer is unable to provide a digital submission to the town at the time of final approval or final acceptance; or if the electronic submission fails to comply with these requirements, a charge of $50 per each 24"×36" plan and $25 for each 18"×24" or smaller plan will be collected prior to the filing of the final approval map on the land records. Cost will be based on the number of sheets in the final plan set.

In granting approval the Commission may attach such conditions that it deems necessary to modify the RECORD SUBDIVISION MAP, plans or documents and to preserve the purpose and intent of these Regulations. If the Commission does not approve the application and all the accompanying maps, plans, certificates and documents, it may modify and approve or disapprove the application or any accompanying item. In approving, modifying and approving, or disapproving an application or accompanying item, the Commission shall state in its records any conditions of approval, any modifications required, and the grounds for its action. The Commission shall give notice of its decision as required by law.

2.6 Easements and Deeds: Any open spaces, parks or playgrounds to be dedicated to the Town and any easements for storm drainage, sanitary sewers or right-of-ways to be dedicated to the Town shall be confirmed by written conveyance describing the land involved and privileges of the Town in a form satisfactory to the Town Counsel. Open spaces, parks, playgrounds, easements and right-of-ways which are not to be dedicated to the Town shall also be confirmed by written conveyances, in a form satisfactory to Town Counsel describing the land involved and the privileges of the owner of the open space, easement or right-of-way. The conveyance shall be accompanied by an appropriate map delineating the land involved in accordance with the standards of Par. 3.3 unless such land is shown on the RECORD SUBDIVISION MAP.

2.7 Construction of Improvements; Bonds : Prior to endorsement of the RECORD SUBDIVISION MAP, the construction of improvements and measures for soil erosion and sediment control shall be guaranteed by the following bonds provided by the applicant, however, the Commission may at its discretion and by resolution authorize the applicant to proceed with construction of common driveways and other improvements prior to such endorsement:

2.7.1 Erosion Control Bond: Measures to control erosion and sedimentation under a certified SOIL EROSION AND SEDIMENT CONTROL PLAN shall be guaranteed by a letter of credit or cash bond provided by the applicant in form and amount acceptable to the Commission and the Town Counsel, which guarantee shall remain in full force and effect until the CONTROL PLAN measures have been completed and the guarantee release as provided in Par. 2.10.

2.7.2 Completion Bond: The applicant shall execute an agreement and file a bond with the Commission to guarantee completion of streets, drainage and other improvements within a period, not exceeding two (2) years as determined by the Commission under Par. 2.5.4. The bond shall be in a form and amount acceptable to the Commission and to the Town Counsel and shall be a letter of credit or cash bond, and said bond shall secure to the Town the actual construction, maintenance and installation of such improvements.

2.7.3 Duration of Completion Bond: Such agreement and completion bond, or portion thereof, covering street drainage and other improvements to be dedication to the Town, expressly excluding underground electric and telephone wires and common driveways serving more than one lot, shall remain in full force and effect until such improvements have been accepted for public use and maintenance by the Town and a maintenance bond has been posted as specified in Par. 2.10; the agreement and bond or portion thereof, covering improvement not to be dedicated to the Town shall remain in full force and effect until released as provided in Par. 2.10 and a maintenance bond has been posted as specified in Par. 2.10.

2.8 Filing and Recording: The endorsed Record Subdivision Map, showing any modifications upon which final approval of the subdivision was contingent, shall constitute the approved subdivision map. Any persons, firm or corporation making any subdivision of land, except as provided in Section 8-26g of the Connecticut General Statutes , shall complete all work in connection with such subdivision within five years after the approval of the plan for such subdivision; the commission's endorsement of approval of the plan shall state the date on which such five year period expires. Within the 90 days after delivery of the endorsed MAP to the applicant, the applicant shall file and record the MAP in the Office of the Southbury Town Clerk, except that the Commission may extend the time for such filing and recording for two (2) additional periods of 90 days and the MAP shall remain valid until the expiration of such extended time. Filing and recording fees shall be paid by the applicant.

2.9 As-Built Plans; Certification: Before the release of any subdivision completion bond, or before the Commission endorses any RECORD SUBDIVISION MAP to permit filing or recording with the town clerk when no bond has been posted, the applicant shall present construction plans, meeting the standards of Par. 3.4, showing the streets, drainage and other subdivision improvements as built, including the location of any water mains, sanitary sewers, and gas mains, and also showing clearly where the as-built plans differ from the approved CONSTRUCTION PLANS.

Before release of the erosion control bond required under Par. 2.7.1, the applicant's land surveyor or engineer shall certify that the measures to control erosion and sedimentation have been completed in accordance with the certified SOIL EROSION AND SEDIMENTATION CONTROL PLAN.

2.10 Release of Bond: Before release of any erosion control bond and before release of any subdivision completion bond, or before the Commission endorses any RECORD SUBDIVISION MAP to permit filing or recording with the Town Clerk when no completion bond has been posted, the following shall be in effect:

a.

the roads, drainage and other required improvements in the subdivision shall have been inspected and approved by the Board of Selectmen;

b.

the as-built plans shall have been submitted to the Commission as specified in Par. 2.9;

c.

the measures to control erosion and sedimentation shall have been certified as complete as specified in Par. 2.9;

d.

certification from a surveyor shall have been received stating that all required monuments and pins have been set in place; and

e.

the applicant shall execute an agreement and file a bond to guarantee maintenance of and to cover deficiencies in the required road, drainage and other subdivision improvements.

In the case of improvements which are not to be offered for acceptance by the Town, the maintenance bond shall run for a period of one (1) year from the date of such release or filing; in the case of improvements which are offered for acceptance by the Town, the maintenance bond shall terminate no earlier than one (1) year after the date of acceptance of the improvements by the Town. The maintenance bond shall be in a form as required in Par. 2.7 and shall be an amount approved by the Commission as not less than 10% nor more than 50% of the current costs of original improvements.