Subdivision: 1. Introduction

1.01          AUTHORITY

These Regulations have been adopted by the Planning and Zoning Commission of the City of Groton, Connecticut pursuant to the authority conferred by Chapter 126 of the Connecticut General Statutes (CGS 8-18 et seq.), as amended.

1.02          PURPOSES

These Regulations have been adopted to accomplish the purposes identified in Section 8-25 of the Connecticut General Statutes (CGS) including:

1.     Promoting the orderly development of the City;

2.     Protecting the public health, welfare and safety;

3.     Ensuring that land to be subdivided is of such character that it can be used for building purposes without danger to health or the public safety;

4.     Making proper provision for water, sewage and drainage;

5.     Making proper provision for protective flood control measures;

6.     Ensuring that proposed streets are in harmony with existing streets, or proposed streets shown in the Plan of Conservation and Development, especially in regard to safe streets and intersections;

7.     Ensuring that proposed streets are arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs;

8.     Ensuring that open spaces, parks and playgrounds are provided when deemed proper by the Commission and in places deemed proper by the Commission;

9.     Making proper provision for soil erosion and sediment control;

10.     Making proper provision for the extent to and the manner in which streets shall be graded and improved and public utilities and services provided;

11.     Encouraging energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, passive solar energy techniques, and energy conservation;

12.     Promoting the coordinated development of the community; and

13.     Guiding future growth and development in accordance with the Plan of Conservation and Development.

1.03          APPLICABILITY

1.     These Regulations shall apply to any subdivision or resubdivision of land within the City of Groton, Connecticut and set forth the required procedure for subdivision and re-subdivision of land in the City of Groton.

2.     No subdivision of land shall be made and no land in any subdivision shall be sold or offered for sale until:

 a.     An application for a plan of subdivision, prepared in accordance with the requirements of these regulations, has been approved by the Commission;

 b.     The subdivision plans have been signed by the Chairman to indicate approval by the Commission; and

 c.     The subdivision plans have been recorded in the office of the Town Clerk of the Town of Groton within the time period specified in Section 6.04 of these Regulations.

3.     Any subdivision plan recorded on the land records without the subdivision having been approved by the Commission and the subdivision plans having been signed by the Chairman shall be null and void.

1.04          MODIFICATION OF STANDARDS

1.     Overview – In accordance with the provisions of CGS Section 8-26(a), the Commission may waive a regulation or standard contained in these regulations by the approval of a three-quarters (3/4) vote of all members of the Commission.

2.     Modification of Design Standard – Where the Commission finds that extraordinary hardships or practical difficulties may result from compliance with these Regulations, it may approve waivers to the design standards within these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of these Regulations; and further provided the Commission shall not approve waivers unless it shall make findings based upon evidence presented to it in each specific case that:

 a.     The granting of the waiver will not be detrimental to the public safety, health, or welfare or have a significant adverse effect on other adjacent property;

 b.     The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other property;

 c.     Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if these Regulations are carried out.

3.     Procedure – As part of granting any modification or waiver of a design standard, the Commission shall:

 a.     Have received a specific written request from the applicant for the modification or waiver; and

 b.     State upon the record its reasons for which such a modification or waiver was granted.

1.05          ADMINISTRATIVE PROVISIONS

1.     Application of General Statutes – Definitions and all mandatory provisions governing public hearings and approval of plans set forth in these Regulations shall at all times be automatically superseded or modified by any of the provisions of Chapter 126 of the Connecticut General Statutes, as the same may be from time-to-time amended, which are inconsistent with or expand or restrict the definitions and provisions for public hearings and approval of plans contained herein.

2.     Amendments – In accordance with CGS Chapter 126, as amended, these regulations may be amended by the Planning and Zoning Commission after a public hearing called for such purpose. Notice of the public hearing shall be given by publication in a newspaper of general circulation in the municipality at least twice, at intervals of not less than two (2) days, the first not more than fifteen (15) days nor less than ten (10) days, and the last not less than two (2) days prior to the date of such hearing and by sending a copy thereof by registered or certified mail to the applicant if a person other than the Commission.

3.     Enforcement

 a.     These Regulations shall be enforced by the Planning and Zoning Commission and/or its designated representative(s).

 b.     The Commission shall have the authority to determine whether the existing or proposed division of any land constitutes a subdivision or resubdivision under the provisions of these Regulations.

 c.     Any person making any subdivision of land without the approval of the Commission shall be fined as provided by CGS Section 8-25 et seq.

 4.     Appeals – Any person aggrieved by an action or decision of the Commission may appeal as provided by CGS Section 8-8, as amended.

5.     Severability – Should any section or provision of these Regulations be declared by the courts to be unconstitutional, invalid or unlawful; or become inoperative by virtue of the operability shall not affect the validity of these Regulations as a whole, or any part thereof other than the section or provision so declared to be unconstitutional, invalid or unlawful.

6.     Effective Date

 a.     The Subdivisions Regulations for the City of Groton were originally effective on November 2, 1965.

 b.     A comprehensive revision of the Subdivision Regulations was undertaken in 2015 and adopted with an effective date of December 1, 2016.

Groton