§ 7. Effective date.
7.1 These Regulations and any amendment hereto shall be in full force and effect from the date of adoption by the Southbury Planning Commission or from a date subsequent to adoption that the Commission may establish as the effective date.
ADMINISTRATIVE POLICY #1 accompanying the Subdivision Regulations of the Town of Southbury Connecticut
SUBDIVISION AND RESUBDIVISION
A. General: The terms "subdivision" and "resubdivision" are defined in Chapter 126 of the Connecticut General Statutes (as may be amended) as follows:
A-1.
Subdivision means the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the Commission, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and includes resubdivision.
A-2.
Resubdivision means 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 (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 or recording of such map.
B. Policy: The following policies are established with respect to the applicability of the terms "subdivision" and "resubdivision" in the Town of Southbury under CGS Chapter 126 and the adopted Subdivision Regulations :
B-1.
For the purpose of the definition of "subdivision", any lot, parcel, tract or acreage owned separately from any adjoining lot, parcel, tract or acreage on January 18, 1966, as evidence by deed or deeds recorded in the Office of the Southbury Town Clerk, is considered to be a "tract".
B-2.
Any division of such "tracts" by recording of conveyance or filing of map in the Office of the Southbury Town Clerk is an act of subdivision.
B-3.
When the total of such divisions of a "tract" equals three (3) in number, from and after January 18, 1966 and occurring over any period of time and in any sequence, a "subdivision" has been made, within the meaning of CGS Chapter 126, which is subject to the Subdivision Regulations .
B-4.
For the purpose of interpretation of this policy, the initial division of a "tract" into two (2) parts (for the purpose, whether immediate or future, of sale or building development) is not a "subdivision" under CGS Chapter 126 and the Subdivision Regulations but any additional division of either of such two (2) parts results in a "subdivision" that is subject to the Subdivision Regulations .
B-5.
The RECORD SUBDIVISION MAP which is submitted to the Commission for approval under the Subdivision Regulations need show only the part which is the third or any subsequent division of the tract. It is recommended, however, that all divisions, to the degree practical, be shown on the RECORD SUBDIVISION MAP is order to a) clarify land records and property assessment records and b) build up, extend and coordinate the available survey data in the Town.
B-6.
Any change in an approved or recorded subdivision or resubdivision, including but not limited to lot lines, right-of-ways and easements shown on the approved map, constitutes a revision of a subdivision and is subject to the approval of the Commission. As defined in Par. A-2, certain revisions constitute "resubdivision" which will be considered by the Commission upon application to it and payment of an application fee. The map of any revision presented to the Commission for approval may be limited to the lot, lots or area affected by the revision.
B-7.
Any property owner may seek the advice of the Commission as to the applicability of the Subdivision Regulations in his particular case.
Adopted Effective: July 24, 1973
Amended Effective: March 16, 1978
Amended Effective: February 27, 1979
Amended Effective: May 20, 1980
ADMINISTRATIVE POLICY #2 accompanying the Subdivision Regulations of the Town of Southbury, Connecticut.
SUBMISSIONS, NOTICES AND REFERRALS
A. General: The Commission will act on applications for approval of subdivisions and resubdivisions and give notice of hearings, meetings and decisions as required by law and in accordance with procedures hereinafter specified.
B. Submissions: Par. 2.1 of the Regulations provides that applications for approval of subdivision be submitted at the Office of the Southbury Planning Commission and that the date of receipt is the first Regular Meeting following the day of submission. The Commission, however, strongly recommends that submissions be made at least 10 days prior to a Regular Meeting. Early submissions will allow advanced review of the proposal and will help to expedite the work of the Commission.
C. Hearings: If a public hearing on the application is held, such hearing shall commence within 65 days after receipt of the application and shall be completed within 35 days after such hearing commences. Notice of any public hearing on an application shall be given publication in a newspaper of general circulation in the Town at least twice at intervals of not less than two (2) days, the first not more than 15 days, nor less than ten days, and the last not less than two (2) days prior to the date of such hearing and by sending a copy thereof by certified mail to the applicant.
D. Referrals - Regional: Whenever a subdivision of land is planned, the area of which will abut or include land in the Town of Southbury and another municipality within a region having a regional planning agency, the Commission shall, before approving the plan, submit it to the Central Naugatuck Valley Regional Planning Agency and to any other regional planning agency of the region in which the other municipality is located. The Commission will expect a report from any such regional planning agency within 30 days and will not act on the plan until such report is received or the 30-day period has expired, whichever occurs first.
E. Referrals - Other: The Commission will, as required by these Regulations or as deemed appropriate, refer maps, plans and documents to other officials and agencies, such as the following, for advisory reports and consultation and/or for approval as may be required by law:
E-1.
Board of Selectmen: maps and plans, with particular regard to street design, storm drainage and other utility systems.
E-2.
Town Counsel: bonds, easements, deeds and agreements.
E-3.
Director of Health: maps and plans, with particular regard to on-site water supply or sewage disposal systems.
E-4.
State Department of Transportation: maps and plans, with particular regard to street and utility connections with State Highways.
E-5.
Zoning Commission: maps, with particular regard to lots and zoning requirements.
E-6.
Conservation Commission: maps and plans, with particular regard to natural features of the site including conservation elements, water resources and soils.
E-7.
New Haven County Soil and Water Conservation District/U.S.D.A. Soil Conservation Service: maps and plans, and SOIL EROSION AND SEDIMENT CONTROL PLANS for review and for certification in accordance with the Town of Southbury Soil Erosion and Sediment Control Plan Ordinance .
F. Date of Decision: The Commission shall render its decision on the application within 65 days after the date of the scheduled Regular Meeting of the Commission at which the application is considered submitted, or if a public hearing is held on the application, within 65 days after completion of the hearing. If the Commission requests the submission of additional information, such as under Paragraph 2.3, such information shall be submitted within the 65 day periods; otherwise failure to submit the requested information will be grounds for disapproval of the application.
G. Extension of Time Periods: The applicant may consent, in writing, to one or more extensions of the time periods for public hearing, completion of hearing and decision thereafter (Par. C) provided that the total extension of such period shall not be longer than sixty-five days, or the applicant may withdraw such application.
H. Notice of Decision: Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the Town and shall be addressed by certified mail to the applicant by the Commission's Secretary or clerk, under his/her signature in any written, printed, typewritten or stamped form, within 15 days after such decision has been rendered. Such notice shall be a simple statement that the application has been approved, modified and approved or disapproved, together with the date of such action.
I. Failure to Decide: Failure of the Commission to act on any application within the time periods specified in Item F shall be considered as an approval, and a certificate to that effect shall be issued by the Commission on demand.
Adopted Effective: July 24, 1973
Amended Effective: March 16, 1978
Amended Effective: February 27, 1979
Amended Effective: January 1, 1986
ADMINISTRATIVE POLICY #3 accompanying the Subdivision Regulations of the Town of Southbury, Connecticut
COMPLETION BOND - FORM, TERM AND FACE VALUE
A. General: Par. 2.7 of the Regulations states the conditions under which an application must furnish a bond guaranteeing completion and maintenance of the improvements required for the subdivision. It is the purpose of this policy to define the type and form of the surety, its duration and the method of determining the amount needed.
B. Form: Subdivision completion bonds should be duly executed on forms provided by the Town and with proper reference to all maps and plans showing the streets, drainage and other improvements guaranteed to be completed under the bond. Any bond, to which a surety company is a party, should have attached thereto the power of attorney of the person executing the bond for the company. The security for cash bonds should be in a form of certified checks.
C. Surety: Surety acceptable to the Commission will consist of the following:
C-1.
a cash bond equal to the amount estimated under Par. H, if such amount is less than $10,000; or
C-2.
for larger bond requirements, a cash bond in the amount of $10,000. and a surety bond for the remainder over $10,000., except that the applicant may provide a cash bond covering the full amount.
D. Term: The term for completion of required installation of improvements will be set by the Commission in its resolution of approval of the application. In any event, the maximum term for completion of work without default under the bond will not exceed two (2) years. The Commission, in its resolution approving an application, will specify a date by which the required improvements are to be completed (whether installed prior to endorsement, or to be installed after endorsement and guaranteed by bond), which date may provide for a term of less than two (2) years. In approving a term for completion, and for a completion bond, the Commission will consider a) the scope and size of the subdivision and improvements required, b) a reasonable time for workmanlike completion of the improvements and c) the available months in the building season. In general, the approved term will not exceed 1 1/2 building seasons, and sufficient months in a second season will be reserved for completion of the improvements at Town initiative in the event of default. The applicant may consider division of the subdivision into sections, each with separate bonds, in order to arrange construction projects capable of completion within this policy.
D-1.
The completion bond, or portion thereof, covering streets, drainage and other improvements, other than underground electric and telephone wires, 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.
D-2.
During the term that the bond is in effect and prior to acceptance of the improvements by the Town, it is the responsibility of the applicant under the bond to maintain roads, drainage systems and areas that have been excavated or graded in such a manner as to a) enable safe and convenient vehicular access to any occupied dwellings on the street, b) protect other property, including Town streets, from damage by drainage, erosion or sedimentation and c) enable access by fire and other emergency vehicles to buildings and structures under construction or completed.
E. Request for Modification of Term: The term of any bond will not be extended by the Commission unless the applicant shall make a written request to the Commission setting forth the following:
E-1.
detailed reasons for the failure or inability to complete the work within the time specified;
E-2.
the amount of work which has been completed, as certified by the applicant's engineer;
E-3.
the maximum time needed to complete the remainder of the work and the length and termination date of the extension requested; and
E-4.
a written agreement by the surety company on the bond consenting to any extension which may be granted.
F. Approval of Modification of Term: Extensions will be approved by the Commission when it is satisfied that the following criteria have been met:
F-1.
good cause for the extension has been demonstrated, such as weather or other conditions beyond the control of the applicant;
F-2.
the extension will not imperil the health, safety, and property values of any resident, nor hinder the reasonable use of lots for which title has been transferred;
F-3.
the applicant has submitted a reasonable and workable schedule for completion, which schedule will reserve a portion of a building season for completion of improvements at the initiative of the Town in the event of default;
F-4.
failure to receive the extension will result in damage to the site;
F-5.
the granting of the extension will not subject the Town to claims for damage or other violation of rights; and
F-6.
the Road Construction Permit has been renewed for the extended term and any inspection fee necessitated by the extension has been paid.
G. Release or Reduction of Bond: No bond will be released until the work covered by the surety has been inspected and certified as being satisfactory by the Board of Selectmen. The Commission may approve a reduction in the amount of the bond during the progress of work, subject to the approval of the Board of Selectmen. In approving such reduction, the Commission will be guided by the following:
G-1.
that application for the reduction be made in writing by the applicant and be accompanied by a written consent of the surety;
G-2.
that the applicant has presented as-built drawings of the construction work as provided under Par. 2.9, and the Commission has received the certification of the Board of Selectmen that all completed improvements are satisfactory and are functioning properly;
G-3.
that the residual amount of the surety will equal the current full cost of the incomplete improvements; and
G-4.
that at least 75 percent of the required work is completed and the residual bond value will not be less than $10,000.
H. Amount of Bond: The applicant will be advised of the amount and scope of the bond by the Commission prior to the approval of the application. The face value is to provide for the full cost of the required improvements with anticipated escalation.
H-1.
It is intended that the unit prices used for the bond estimate be those currently applicable to similar work in Southbury and vicinity. As a guide to the cost estimate SCHEDULE A giving unit prices for the commonly used construction items is attached to this Policy statement. For items not listed, appropriate prices such as those used by the Highway Division, Connecticut Department of Transportation and electric and telephone utility companies will be applied.
H-2.
When requested by the Commission, the applicant shall submit a complete list of construction items indicating the totals of each required for the subdivision.
Adopted Effective: December 11, 1974
Amended Effective: March 16, 1978
Amended Effective: February 27, 1979
Amended Effective: May 20, 1980
SCHEDULE A: BOND AMOUNTS - SOUTHBURY Tabulation of construction items and units, with minimum prices for work installed, to be used for estimate of face value of a completion bond. Amended August 8, 2008
Unit Price 1 Bituminous Road (26' Wide) *(1) $ 100.00 If - use prepared subgrade $ 40.00 If $209.00 If 12" base course $ 30.00 If 4" bituminous concrete $ 42.00 If Bituminous Road (22' Wide) $ 85.00 prepared subgrade $ 34.00 $179.00 If 12" base course $ 26.00 4" bituminous concrete curb $ 34.00 2 Driveways (common or regular) 15' wide (gravel) $ 30.00 If 15' wide (improved) $ 40.00 If 20' wide (improved) $ 90.00 If bituminous road $35.00 subgrade $25.00 gravel $22.00 bituminous concrete (2") $18.00 3 As-Builts $ 4.00 If 4 Asphalt parking area $ 4.25 SF 5 (Smoothlined Corrugated—) RCP or CMP
Plastic Pipe999999 12" diameter $ 35.00 If 15" diameter $ 40.00 If 18" diameter $ 45.00 If 24" diameter $ 50.00 If 30" diameter $ 65.00 If 36" diameter $ 80.00 If 42" diameter $ 95.00 If 48" diameter $ 125.00 If 17" × 13" arch $ 35.00 If 18" × 11" arch $ 45.00 If 19" × 13" arch $ 50.00 If 21" × 15" arch $ 55.00 If 28" × 20" arch $ 65.00 If 29" × 18" arch $ 75.00 If 35" × 24" arch $ 80.00 If 6 Flared End
Sections12' $ 600.00 each 15' $ 675.00 each 18' $ 750.00 each 21' $ 800.00 each 24' $ 900.00 each 30' $1,000.00 each 36' $1,200.00 each 42' $1,400.00 each 48' $2,000.00 each 7 Catch Basins/Manholes 0-10' deep $2,500.00 each 10' - plus $5,000.00 each 8 Headwalls - pipe sizes 15" $ 950.00 each 18" $1,150.00 each 24" $1,700.00 each 30" $2,300.00 each 36" $3,300.00 each 48" $5,500.00 each 9 Concrete Wingwalls for pipes up to 48" $4,600.00 each 10 Bituminous curb $ 6.00 If 11 Sidewalks concrete 5' wide $ 40.00 If $ 50.00 If 12 Retaining Walls (Vertical Sq Ft) Stone Concrete $ 20.00 sq ft Versa-Lok Type $ 40.00 sq ft $ 30.00 sq ft 13 Guide Rail (wooden post/beam preferred) corragated metal beam $ 38.00 If Wood post (2 wire system) $ 32.00 If Merritt $ 25.00 If $ 57.00 If 14 monuments $ 350.00 each pins $ 175.00 each 15 Street Trees $ 550.00 each White Pine 7' - 8' $ 500.00 each Mountain Laurel 3' - 4' $ 85.00 each Shrubs $ 65.00 each Top Soil and Seeding $ 9.00 yd or $ 1.00 sq ft 16 Soil Erosion & Sediment Control hay bales $ 30.00 CB or $ 5.00 If silt fences gravel/stone dike **(2) $ 9.00 If construction entrance $ 28.00 cu yd 6" deep × 25' wide × 50' long riprap outlets 15' × 20' modified RR $1,500.00 each $ 800.00 each 17 Underground Utilities $ 20.00 If 18 Non-Aggregate Construction Items 15% of all items 19 Contingency 10%/year *(1) Includes moderate earthwork associated with cuts and fills to form road subbage, including rock excavation or extensive cuts and fills. **(2) Includes allowance of 50% for maintenance and replacement of filter fencing during construction. ADMINISTRATIVE POLICY #4 accompanying the Subdivision Regulations of the Town of Southbury, Connecticut.
NOTES ON MAPS AND PLANS
A. General: The Record Subdivision map will bear notes giving references and defining restrictions. To secure uniformity and consistent interpretation, the wording of typical notes is to be as follows, except as otherwise approved or established by the Commission.
B. Water Supply, when to be provided by a public utility company.
"Lots on this map are approved on condition that each lot be provided with public water supply. No building on the lots shall be occupied until a service connection to the public water supply system has been completed."
C. On-Site Utilities, when lots are to be served by on-site wells and sewage disposal systems (See Par. 4.10.2e, f):
"Lots on this map are approved for on-site sewage disposal (and/or water supply) systems. The design of each system is subject to the approval of the Director of Health of the Town of Southbury or his authorized agent prior to issuance of any building permit"
D. Sight Easements, pertaining to areas delineated over lots at street corners to insure adequate sight distances and to provide for removal of any obstructions (see Par. 4.16.5):
"The sight easement shown hereon establish the perpetual right of the owner of the abutting street or highway, or his authorized agent, to clear, regrade and maintain the area within these easements at such elevation that there is a clear line of sight anywhere across the easement area between an observer's eye at an elevation of 3.5 feet above the pavement edge and an object one foot above the pavement edge."
E. Construction Easements, as provision for temporary access onto the front 25' of each lot as may be necessary for completion of grading and shaping of slopes outside the street right-of-way, after lots have been conveyed and prior to termination of the maintenance bond (see Par. 4.16.4):
"A temporary easement, to the owner of each street on this map, for grading of slopes shall exist over all land within 25 feet of the right-of-way of such streets, which easement shall expire one year after the date the Board of Selectmen of the Town of Southbury has voted to release the maintenance bond covering the street."
F. Temporary Turnaround, when the plan includes a temporary turnaround circle, segments of which consist of an easement that overlaps adjacent lots or land, pending extension of the street (see Par. 4.11.6 and 4.16.3):
"Easements for temporary turnaround and general highway purposes, which easements shall automatically terminate upon any extension of the street in a subdivision approved by the Southbury Planning Commission, and vote of the Board of Selectmen of the Town of Southbury to release such easement."
G. Channel Lines, delineated on the Record Subdivision Map along streams and rivers, in order to prevent building, filling or other activity that would constrict the natural flow requirements of the water course during long range storms, and including flood plains as well as channel locations that are designed for future improvement (see Par. 4.8.4 and 4.13.6):
"Within the channel lines no building or other structure shall be located, and there shall be no excavation or filling of land in such a manner as to reduce the water flow capacity of the channel area."
H. Encroachment Lines, delineating on the Record Subdivision Map existing swamps and other wetlands and areas along streams and adjacent to water bodies (see Par. 4.8 and 4.8.5):
"The area within the encroachment lines shown on this map is identified as a conservation area and may be subject to inland wetlands and water course regulation by the Town of Southbury and/or State of Connecticut. No building or other structure or on-site sewage disposal system shall be located within such conservation area nor shall there be any excavation or filling of land within such area."
Adopted Effective: December 11, 1974
Amended Effective: March 16, 1978
Amended Effective: March 22, 1980
Amended Effective: May 20, 1980
ADMINISTRATIVE POLICY #5 accompanying the Subdivision Regulations of the Town of Southbury, Connecticut
OPEN SPACE FOR PARKS AND PLAYGROUNDS
A. General: Par. 4.18 of the Regulations specifies that open spaces, parks and playgrounds be provided and reserved in each subdivision for residential purposes as deemed necessary and in locations deemed proper by the Commission. The policy hereinafter set forth serves as a guide for the Commission and the applicant in evaluating the need and location for such open spaces.
B. Open Space System: It is intended that there be provided and maintained within the Town of Southbury a system of open space lands that include sites or properties for parks and playgrounds. The open space system will provide for uses such as, but not limited to, those listed below. A particular site may provide for multiple uses.
B-1.
developed community parks , having multiple facilities and capable of all day use by the family (such as Ballantine Park);
B-2.
playfields and athletic fields , for organized sports;
B-3.
playgrounds , in neighborhoods which may or may not be immediately improved and equipped for informal play;
B-4.
playlots , in neighborhoods for informal play;
B-5.
leisure parks , for passive recreation such as picnicking, hiking, horseback riding, boat launching, scenic enjoyment and nature study; and
B-6.
conservation areas , for wetlands and water course protection, wildlife support, storm water runoff detention, forest and similar purposes.
C. Subdivision Standard and Priorities: As land in the Town of Southbury is subdivided into building lots, it is intended that sufficient open spaces be reserved as part of the system set forth in Par. B. As a standard, the Regulations provide that a minimum of 15% of the total area of the subdivision be so reserved. The priorities for reservation are as follows:
C-1.
additions or adjuncts to existing community parks, playfields, athletic fields and playgrounds, conservation and wetland areas of the Town;
C-2.
new playgrounds in neighborhoods, which will generally be in locations predetermined by the Commission;
C-3.
leisure parks, and preferably those which also support conservation features and
C-4.
playlots, which may be needed in isolated subdivisions or in layouts having relatively small lots.
D. Evaluation of Sites: Open space land required to be reserved in a subdivision should have conditions (slope, soils, access, area, shape, vegetation, etc.) which effectively carry out the purpose of the site. It is recognized, however, that conditions will vary significantly from subdivision to subdivision. It is expected that the general planning of any subdivision must take into account slope, soil conditions, water and drainage, wetlands and vegetation, which are all factors needed to evaluate the proposed functions and suitability of an open space reservation in the subdivision. The following are among the factors which will be considered in the evaluation of a proposed site:
D-1.
Land for active play, such as playground or playlot, should consist of relatively level land capable of further grading and development.
D-2.
Leisure park areas should have assets such as streams, woods, scenic features and other resources.
D-3.
The site should be large enough to accommodate the intended function without impinging upon the reasonable use of the adjoining land.
D-4.
It is desirable that open space abut the boundary of the subdivision when there is potential for a similar, complementary open space on adjoining acreage that may be subdivided in the future.
D-5.
The site should be located and be of a shape and size as to be capable of economical administration and to be identifiable as an open space; the site should, in general, not be mere adjuncts to adjoining lots.
D-6.
Access to the site from the proposed lots should be convenient and reasonably safe. In most cases vehicular access should be possible in order to accommodate emergency vehicles and maintenance equipment.
D-7.
The land area reserved for open space as required in subparagraph 4.18.3 may include areas of wetlands and steep slopes, provided the percentage of land in these categories not exceed the percentage of land in these categories for the entire tract.
E. Referral: Notice of a pending subdivision application will be given to the Parks and Recreation Commission, the Conservation Commission, and the Southbury Land Trust, with a request for advice and consultation on the need for an open space reservation in the subdivision, the land resources available and the implications of a reservation in relation to the open space system in the Town.
F. Reservation, Operation and Maintenance: Any open space reserved on a subdivision map should be labeled "Reserved for open space, park and playground purposes" or other note suited to the intended use for which the area is reserved. In addition, a note should be provided on the map specifying that the reservation is not a building lot and shall not be further subdivided. The map and the construction plans should stipulate against any regrading, topsoil removal, storage of construction materials or equipment or any other activity which would harm the resources of the site, unless specifically authorized by the Commission on a grading plan under Par. 2.3.7. The following are also applicable:
F-1.
Buildings: It is recognized that open spaces provided may be developed in the future for the purpose intended and might accommodate construction of a recreation facility or building. Any such development would be subject to zoning standards and procedures.
F-2.
Preferred Ownership: It is recommended that any reservation for community park, playfield, athletic field or playground be conveyed to the Town if accepted by the Town. It is recommended that all other reservations including leisure parks and playlots be offered to the Town; if not accepted, leisure park areas will best be conveyed to a local land trust or similar open space agency and playlots be owned by the lot holders in the subdivision.
F-3.
Association Ownership: If land is not conveyed to the Town or a land trust, the applicant will need to establish, in advance of lot sales, a neighborhood association and shall provide the minimum following conditions as reviewed and approved by the Commission:
a.
The association shall be established and the papers and covenants filed therefor by the time of filing of the subdivision in the Town Clerk's Office.
b.
Covenants for mandatory membership in the association setting forth the lot owner's rights and privileges in the association and the land shall be included in the deed for each lot.
c.
The association shall have responsibility for maintenance of the open space and operation and maintenance of facilities in the open space, including liability insurance and taxes.
d.
The association should be empowered to levy annual charges against all lot owners to defray expenses; charges should become a lien against any lot in the event of default.
e.
The subdivider should maintain control over the open space and be responsible for maintenance until development sufficient to support the association has taken place.
F-4.
Other: The Commission recognizes that there are other possible means for reservation, operation and maintenance of open spaces. Proposals for other means will be considered by the Commission.
G. No Reservation: The Commission may determine that all or part of the required minimum 15% of open space reservation area is not necessary or that there is no proper location for a reservation in the subdivision. The following are guidelines for consideration of release from the reservation requirement:
G-1.
Existing Town parks and playgrounds in the neighborhood are sufficient, and there is no site in the subdivision suitable for a leisure park;
G-2.
There is no land suitable in the subdivision to serve any of the types of open space functions in the Town wide system;
G-3.
The reservation area would be less than one (1) acre and would not be an addition to an existing reservation nor serve as a leisure park;
G-4.
The applicant conveys to the Town, or a local land trust or similar open space agency, other land outside the subdivision but in the Town of Southbury, when such other land has assets for open space equal to or superior to any site within the subdivision and the Commission determines that such land fits the open space system.
G-5.
The applicant has proposed a Fee in Lieu of Open Space and the Commission has accepted it.
Adopted Effective: December 11, 1974
Amended Effective: February 27, 1979
Amended Effective: May 20, 1980
Amended Effective: October 1, 1981
Amended Effective: July 1, 1989
Amended Effective: May 27, 1999
ADMINISTRATIVE POLICY #6 accompanying the Subdivision Regulations of the Town of Southbury, Connecticut
ENERGY CONSERVATION IN SUBDIVISIONS
A. General: Par. 4.24 Energy Conservation requires that all subdivisions will be planned and designed to encourage energy conservation by planning lots and development thereon to enable the use of solar energy systems to the maximum extent possible. The policies hereinafter set forth serve as a guide for the Commission and the applicant in planning and evaluating proposed subdivisions with regard to energy conservation.
B. Goals:
B-1.
Maximum Possible Solar Access: New lots created by the act of subdivision should have adequate solar access to the maximum extent possible. "Adequate solar access to the maximum extent possible" should be interpreted to mean that all proposed lots have adequate solar access. The Commission realizes that not all lots will have sufficient solar access to make effective use of solar energy systems, whether passive or active, due to such factors as: a) the configuration or orientation of the tract; b) the nature of surrounding development; c) existing physical features of the tract such as topography, soils, vegetation; and d) road circulation patterns. However, in many instances, greater solar access can be achieved simply by considering solar access objectives at the initial planning stage. By providing the greatest possible degree of solar access on a lot, conservation purposes are served since the potential for immediate or future usage of solar energy is increased.
B-2.
Use of Passive Solar Energy Systems: As many lots as possible should be capable of effectively using passive solar energy systems. This requires protection of the south-facing walls of the building from shadow-producing objects. If south wall access is protected, rooftop access is also guaranteed, enabling the use of active solar energy systems attached to the roof. It is not intended to require protection for south lot or detached collector access. (See Par. D-1 for definitions)
B-3.
Solar Access Easements: Each lot should have control over its own south wall access to the maximum extent possible. The need for solar access easements on adjoining lots or other tracts of land should be minimized.
B-4.
Individual Choice: By taking into account solar access requirements of proposed building lots in the planning stage, energy conservation will be encouraged by enabling the use of solar energy systems on as many lots as possible, should the owner so desire. However, it is not intended to require the use of solar energy systems on all buildings in new subdivisions. The choice is left to the individual lot owner.
C. Providing for Adequate Solar Access: As a guide in providing for the maximum solar access possible, the following factors should be considered:
C-1.
Proposed Street Layout: Streets should have an east-west orientation whenever possible, with acceptable variations of 10;deg; to the northwest and 25;deg; to the southwest. Due to topographic or soil conditions, or existing street layouts, such an orientation may not be desirable or acceptable to the Planning Commission or the applicant since excessive grading or disturbance of wetlands would be required or an undesirable pattern of circulation result. Each subdivision must be reviewed individually as to conflicts between the provision of adequate solar access, the preservation of existing natural features on the tract, and desirable circulation patterns.
C-2.
Lot Orientation: Lots should be arranged so as to take advantage of south-facing slopes on the tract. The longer axis of all minimum-sized lots should be orientated north-south whenever possible in order to minimize the shading of solar collectors from off-site development, vegetation or other natural features. On large lots, lot orientation may not be a critical factor, depending on other characteristics of the tract of land.
C-3.
Building Location: Proposed development on the lots should enable the use of solar energy systems to the maximum extent possible by: a) locating buildings on south-facing slopes and as far north on the lot as possible in order to minimize the shading of solar collectors from on-site and off-site development, vegetation or other natural features; b) orienting buildings so that the longest axis is set east to west. Such orientation may result in house orientations which vary from the normal orientation whereby the longest house axis parallels the street. The Commission realizes that other orientations may be possible depending on architectural type and type of solar energy systems, but that in most instances the stated orientation will achieve maximum solar access.
C-4.
Sewage Disposal Location: Sewage disposal leaching fields should be located to the south of proposed house locations, unless soil conditions are not suitable or unless such a location would compel the use of an otherwise unnecessary pumped septic system. Such a location will aid the use of solar energy systems, since regrading and tree removal associated with the construction of leaching fields will reduce potential shading problems caused by existing vegetation.
C-5.
Limits of Vegetation Control: In Southbury, most subdivisions are located on land that is at least partially forested. Therefore, one of the biggest problems in obtaining adequate solar access is the extent of tree removal and/or pruning necessary to keep the south wall of a dwelling free from shadows. It will not be necessary to cut down every tree to the south of a dwelling in order to obtain adequate solar access; trees further to the south may require only selective pruning. But the necessary area of tree removal and/or pruning may be quite large, depending on orientation and degree of slope and may be too large to enable the effective use of solar energy systems without designating solar easements. As a guide in determining whether or not use of solar energy systems is feasible on proposed lots without designating a solar easement, Par 3.2.20 requires that the area of tree removal and/or pruning be shown on the site plan. The Planning Commission encourages the applicant to designate solar access easements whenever necessary. It is not intended, however, that any necessary tree removal be done by the applicant or the developer or that it be considered part of the work in the subdivision which is normally bonded.
C-6.
Street Trees: The species and location of street trees should be selected to take into account solar access objectives. The size, length and intensity of shadows caused by street trees depends on such things as mature height, mature canopy size, the opacity of the tree without its leaves, and the time of the year when new leaves come out and old leaves fall. The species of street trees selected should take into account those shadow-producing characteristics so that the adverse effects of street trees on the solar access of surrounding development will be minimized.
C-7.
Open Space in Subdivisions: Par. 4.18 Open Spaces, Parks and Playgrounds requires that at least 15% of the total area of subdivisions be reserved for open space, park or playground purposes. In certain instances, the location of such reservation can aid energy conservation purposes.
If the reservation is to be used for active park or playground purposes, the reservation will probably have to be located on land which is relatively flat and without significant vegetative growth. In those instances, such a reservation would be using an area of the tract which is also well suited for the use of solar energy systems. The Planning Commission, in conjunction with other town officials, should determine which goal has a greater priority in individual instances - providing for energy conservation or providing for parks and playgrounds. The two goals may not conflict on land which is relatively flat but with trees suitable for firewood. Such an area could be designated for park and playground purposes, should the town be willing to use the parcel as a community woodlot first.
If the reservation is to be used for open space purposes, its location can serve energy conservation in two different ways. First, open space which is reserved on steep northerly slopes with a substantial tree cover can prevent the creation of lots with inadequate solar access. Even if the open space reservation is a conservation restriction on one or more proposed lots, it should be located so that building is restricted from areas with inadequate solar access. Secondly, open space land can serve as a location for community solar systems. In those instances when few proposed lots have adequate solar access, the open space land should be located on a portion of the tract which does have adequate solar access whenever possible in order to provide for the present and future use of community solar energy systems. When such reservation is made, the conveyance of said land should state that the use of community solar energy systems is a permitted use on said land.
C-8.
Conflicts with other design standards: Measures for providing for adequate solar access may conflict with other design standards. For example, a street layout which fosters good solar access may not provide suitable circulation pattern or may have unacceptable effects on the environment. The applicant should choose those alternatives which appear most acceptable to him; however, the Planning Commission will make a final determination regarding suitable resolutions of such conflicts.
D. The Basics of Solar Access: As an aid in determining whether or not proposed lots have adequate solar access, the following information should be used:
D-1.
Levels of Solar Access: There are four types of solar access: rooftop, south-wall, south-lot and detached collector access. Each type refers to the location of the solar collector and is shown in figure AP (6) - 1.
D-2.
Shadow Lengths: The length of a shadow cast by an object depends on the following characteristics of land on which the object is located: a) orientation of slope, b) degree of slope, and c) time of day. For determining shadow lengths in the Town of Southbury, Table A (attached) should be used.
To calculate the shadow length of an object, multiply the height of the object by the factor in the table. For example, a tree which is 50 feet tall, located on a 10% slope orientated to the east, will produce a shadow 200 feet long at 9:00 a.m., 110 feet long at noon, and 470 feet long at 3:00 p.m.
D-3.
Solar Skyspace : It is not necessary for a solar collector to be unobstructed by shadows from sunrise to sunset. That portion of the sky which must remain unobstructed for a solar collector to operate efficiently is defined as skyspace and is partially determined by the sun's position on December 21, the day of the year when shadows are longest. Approximately 86% of the sun's energy is received between the hours of 9:00 a.m. and 3:00 p.m. At north latitude 40;deg; on December 21. (Southbury's north latitude is approximately 41;deg;30') On that date at 9:00 a.m. the sun is located 45;deg; east of south and at 3:00 p.m. the sun is located 45;deg; west of south, measured on the horizon. Therefore, the eastern and western boundaries of the solar skyspace for heating purposes are defined by 45;deg; east and west of south. The upper and lower skyspace boundaries are determined by the altitude (distance above the horizon) of the sun on December 21 and June 21. (See figures AP (6) - 1). In determining what areas of tree removal and/or pruning are needed in determining what solar easements might be necessary, the angles of 45º east and west of a solar collector should be used. For a detailed discussion of solar skyspace, see figure AP (6) - 2.
Adopted effective: October 1, 1981
AP(6) - 1
AP(6) - 2
TABLE A: Shadow Length Table for the Central Naugatuck Valley Region Latitude 41º30'
N NE E SE S SW W NW Slope A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. A.M. Noon P.M. 0% 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5.34 2.14 5.34 5% 6.59 2.40 6.59 5.34 2.32 7.29 4.49 2.14 6.59 4.21 1.99 5.34 4.49 1.93 4.49 5.34 1.99 4.21 6.59 2.14 4.49 7.29 2.32 5.34 10% 8.59 2.72 8.59 5.34 2.52 11.47 3.88 2.14 8.59 3.48 1.86 5.34 3.88 1.76 3.80 5.34 1.86 3.48 8.59 2.14 3.88 11.47 2.52 5.34 15% 12.33 3.15 12.33 5.34 2.77 26.80 3.41 2.14 12.33 2.97 1.74 5.34 3.41 1.62 3.41 5.34 1.74 2.97 12.33 2.14 3.41 26.88 2.77 5.34 20% 21.85 3.74 21.85 5.34 3.07 ** 3.04 2.14 21.05 2.58 1.64 5.34 3.04 1.50 3.04 5.34 1.64 2.58 21.85 2.14 3.04 ** 3.07 5.34 25% 95.95 4.60 95.95 5.34 3.44 ** 2.75 2.14 95.95 2.29 1.55 5.34 2.75 1.39 2.75 5.34 1.55 2.29 95.95 2.14 2.75 ** 3.44 5.34 Source: CNVRPA Staff work based on a shadow length formula contained in Appendix I of Protecting Solar Access for Residential Development: A Guidebook for Planning Officials, American Planning Association, 1979
Note: The a.m. time refers to 8:33 local standard time (LST) the p.m. time refers to 3:08 local standard time (LST) and the noon time refers to 11:51 a.m. The a.m. and p.m. times correspond to 45 degree azimuths that are used to define the day's period of usable radiation. About 86% of the total available sunshine on December 21st falls between the hours of 8:33 a.m. and 3:08 p.m. The table gives the shadow length on December 21st of a one (1) foot pole for varying slopes and orientations. Approximate shadow lengths for slopes not listed in the table may be interpolated. However, for more accurate measurements the following formula may be used in lieu of the table:
H SP = _____ Tan (A 1 ) + S 1 x COS (A z - w) Where: A 1 - solar altitude (25.05º - Altitude at (11:51 a.m. LST)(10.603º - Altitude at 8:33 a.m. and 3:08 p.m. LST)
A z - solar azimuths (a.m. or p.m. -45º, noon 0º)
H - height of the object (The table assumes an object one foot tall)
W - orientation (0-south, 90º-west, 90º-east, 180º-north, etc.)
S 1 - slope (in percent)
** Afternoon shadow lengths on Northeast slopes of 20% or greater and morning shadow lengths on Northeast slopes of 20% or greater do not offer any solar access opportunities.
SOUTHBURY PLANNING COMMISSION
TOWN OF SOUTHBURY, CONNECTICUT
SUMMARY OF PROCEDURE FOR APPROVAL OF SUBDIVISION
APPLICANT submits:
1. Application Form Available at Planning Office 2. Application Fee ($300/lot, $600 minimum) (plus State of CT Surcharge) 3. Site Development Plan, 6 copies (see Par. 3.2) 4. Record Subdivision Map, 6 copies (see Par. 3.3.) 5. Construction Plans, 6 copies (see Par. 3.4) 6. Grading Plan or written request for waiver (see Par. 3.5) 7. Sanitation Certificate or soil test results (see Par. 2.3.8, confer with Director of Health) 8. Copy of application for State Highway Permit (see Par. 2.3.9) COMMISSION action:
1.
Review completeness of application, and
a.
receive application
b.
if necessary, request additional evidence (see Par. 2.4.3)
c.
if necessary, request sanitation report by engineer (Par. 2.4.1)
d.
if necessary, schedule public hearing
2.
Refer application to other boards, commissions, agencies, consultants, and other authorities as necessary.
3.
Receive reports of planning administrator and/or consultants.
4.
Hold public hearing or have meeting with applicant
a.
publish notice of any hearing, twice in accordance with Connecticut General Statutes.
b.
send copy of notice to applicant by certified mail
5.
Receive actions by other boards, commissions, agencies and other authorities.
6.
Approve, modify and approve, or disapprove subdivision.
7.
All approvals subject to the following conditions, if applicable and not already satisfied:
a.
presentation of easements and deeds (conveyances)
b.
completion of roads, drainage and other improvements or posting of bond.
c.
date when construction is authorized
d.
all necessary State permits
e.
final arrangements for public water supply.
8.
Publish notice of action within 15 days.
9.
Send copy of notice to applicant by certified mail within 15 days.
APPLICATION action: Satisfy all conditions of approval.
COMMISSION action:
1.
Refer conveyances and bonds to Town Counsel for approval, if not on standard forms.
2.
Chairman or Secretary endorses Record Subdivision Map when all conditions of approval are satisfied.
3.
Obtain signature of First Selectman on construction plans.
4.
Submit all conveyances to Board of Selectmen for filing on Land Records.
5.
Submit bond to Board of Selectmen.
APPLICANT action: File subdivision map with Town Clerk within 90 days after it is approved, including payment of all fees.
NOTES:
1.
Items are submitted to the Commission only when applicable to the particular subdivision.
2.
All items should be submitted to the Commission at least one day prior to a Regular Meeting at the Planning Commission office. The 65 days for required action by the Commission however begins at the Regular Meeting at which it is received.
3.
A public hearing is required on any resubdivision and is held on other subdivisions upon determination of the Planning Commission.
4.
It is advisable to submit applications to other boards, commissions and agencies at least one month prior to submittal to the Planning Commission.