Subdivision: 2. Interpretation

2.01          INTERPRETATION OF REGULATIONS

1.     In their interpretation and application, the provisions of these Regulations shall be the minimum requirements unless the context clearly indicates that such provisions are intended to be a maximum limitation.

2.     In the event that any conflict arises between the provisions of these Regulations and any other law, ordinance, easement, covenant, rule, regulation, or permit, the provision that establishes the greatest restriction or imposes the highest standard shall control.

3.     In the event that any conflict arises between any graphic or illustration contained in these Regulations and any text provision of these Regulations, the text shall control.

2.02         USE OF TERMS

1.     Definitions To Be Applied – In the interpretation and enforcement of these Regulations, the words and phrases set forth in these Regulations shall be construed as defined in this Article, unless otherwise clearly qualified by their context.

2.     Specific Terms – In the interpretation and enforcement of these Regulations, certain words contained herein shall be interpreted as follows:

 a.     The word “shall” is mandatory and not discretionary.

 b.     The word “may” is permissive.

 c.     When not inconsistent with the context:

 i.     Words in the present tense include the future and vice-versa.

 ii.    Words in the singular include the plural and vice-versa.

 iii.   Words in the masculine, the feminine, or the neuter include the others.

 d.     The word “person” also includes a partnership, association, trust, corporation, limited liability company, or other legal entity.

 

3.     Terms Not Defined – In the interpretation and enforcement of these Regulations, words not defined in this Article shall be interpreted by the Commission after consulting one or more of the following:

 a.     The Zoning Regulations, as may be amended;

 b.     The State Building Code, as may be amended;

 c.     The Connecticut General Statutes, as may be amended;

 d.     The “Illustrated Book of Development Definitions” (Rutgers University, Center for Urban Policy Research), as may be amended;

 e.     Black’s Law Dictionary;

 f.     A comprehensive general dictionary.

2.03          DEFINED TERMS

A-2 Survey – Survey information meeting the standards for an “A-2” survey as specified in the “Code of Recommended Practice for Standards of Accuracy of Surveys and Maps” by the State Board of Registration for Professional Engineers and Land Surveyors of the State of Connecticut.

Accelerated Erosionsee “Erosion, Accelerated.”

Acre – A land area equivalent to forty-three thousand five-hundred and sixty (43,560) square feet.

Applicant – Any property owner, contract purchaser, person, firm, or other legal entity or their successor who shall create any subdivision or resubdivision, for the purpose of sale or building development or any person, firm, or other legal entity that applies for a subdivision, either for themselves or as an agent for others.

Application – The maps, prescribed forms duly and correctly completed, fees, reports, and any additional supporting data required by these Regulations for approval of a subdivision or resubdivision and submitted to the Planning and Zoning Commission.

City – The City of Groton, Connecticut.

CGS – Connecticut General Statutes.

Commission – The Planning and Zoning Commission of the City of Groton, Connecticut.

Conservation Restriction – An encumbrance on real property filed on the land records of the City for the protection of natural features, natural habitats, open space, buffer zones, scenic areas, historic sites, riding or walking trails, or similar purposes.

CTDOT – Connecticut Department of Transportation.

Cul-de-sacSee “Street, Cul-De-Sac”.

Date of Approval – The date an application is considered approved based upon the latest of the following dates:

  • by reason of failure of the Commission to act within the statutory timeframe;
  • by affirmative action of the Commission under any provision of these Regulations; or
  • if a decision of the Commission is appealed, by conclusion of any appeal which results in a judgment approving or affirming approval of the application.

Developer see “Applicant.”

Development – Any construction or grading activities to improved or unimproved real estate and includes but is not limited to the installation of required improvements and the disturbance of land related to the construction of a structure; installation of appurtenant utilities and access from the existing or proposed public right-of-way.

Director of Health – The person or persons responsible for enforcement of the Public Health Code of the State of Connecticut within the City of Groton (Ledge Light Health District).

Disturbed Area – An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

DrainageThe controlled or uncontrolled removal or discharge of surface or ground water from land by drains, grading or other means which may include runoff controls to minimize erosion, reduce suspended solids and maximize groundwater recharge during and after construction or development.

DrivewayA paved or unpaved way providing access from a street to a parcel or lot.

ElevationThe height of a point above mean sea level based on the U.S. Coastal & Geodetic survey datum.

Easement – A right of use for a specific purpose or purposes which one person or agency may have of a designated portion of land of another.

Engineer – A professional engineer as defined in CGS 20-299, licensed in the State of Connecticut, qualified to design and construct streets, utilities and structures.

Erosion – The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

Erosion, Accelerated – Any increase over the rate of natural erosion as a result of a change in the natural cover or topography due to any activity or use of the land, including development.

Erosion and Sediment Control Manual – The “Connecticut Guidelines For Soil Erosion and Sediment Control” as prepared by the Connecticut Council on Soil and Water Conservation in Cooperation with the Connecticut Department of Energy and Environmental Protection (2002), as amended.

FEMA – Federal Emergency Management Agency.

Final Approval – The approval of the Final Plan by the Commission under the provisions of CGS Section 8-26, as amended.

Financial Guarantee – A financial obligation and commitment acceptable in amount, form and substance to the City for the purpose of ensuring that improvements or obligations required by these Regulations or to be provided by the applicant will be completed.

Flood Plain – That area designated as subject to periodic flooding by a flood having a one percent (1%) chance of being equaled or exceeded in any given year (a “one-hundred-year-flood”), consisting of the floodway and the floodway fringe of the one-hundred-year flood as shown on the Flood Boundary and Floodway Maps in the Flood Insurance Study, as amended, prepared by the Federal Emergency Management Agency.

Frontage – The boundary of a lot abutting and having permitted vehicular access to an accepted public street or an approved street consistent with these regulations.

Grading – Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition which results in a change of contour or elevation, either permanent or temporary.

Improvement – Any change or alteration to the existing conditions of the subdivision site for the purpose of complying with these Regulations or rendering the site more suitable for development and/or habitation.

Lot – A plot or parcel of land :

  • occupied, or capable of being occupied, by one (1) principal building and accessory buildings as allowed under the Zoning Regulations, and/or
  • a unit of land created from a larger tract of land for the purpose, whether immediate or future, of sale or building development, expressly excluding development for municipal, conservation or agriculture purposes.

Open Space – Land set aside for conservation, recreation, park or play area.

Owner – The person shown by the land records of the City of Groton to be the holder of the fee title.

Parcel – The land contained within one continuous property line or a larger tract of land that is to be divided to create smaller lots.

Pavement – That portion of the street line especially prepared for vehicular traffic and lying between curbs.

Plan – The plan for a subdivision referred to in CGS Section 8-25 and 8¬26, as amended, and prepared in accordance with the requirements of these Regulations.

Plan, Preliminary A tentative plan for a subdivision, submitted to the Commission for advice and recommendations only, and prepared in accordance with the requirements of these Regulations.

Plan of Conservation and Development – A comprehensive plan for the future growth, protection and development of the City of Groton adopted by the Planning and Zoning Commission in accordance with CGS Section 8-23.

Preliminary Plan See “Plan, Preliminary”.

Recreation Area – Land dedicated for recreation, park, or playground purposes.

Regulations – The Subdivision Regulations of the City of Groton, unless otherwise specified.

Reserve Strip – A privately-owned strip of land within a subdivision which could prevent, limit, or control access from land outside the subdivision to a street within or adjacent to the subdivision.

Resubdivision – As per CGS Section 8-18, a change in a map of an approved or recorded subdivision (See “Subdivision”) if such change:

  • affects any street layout shown on such map; or
  • affects any area reserved thereon for public use; or
  • 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.

RoadSee “Street”.

Sediment – Solid material, either mineral or organic, that is in suspension, is or has been transported or has been moved from its site of origin by erosion.

Slope – An inclined surface, typically expressed as a percent, representing the number of feet of vertical rise over a horizontal distance.

Soil – Any unconsolidated mineral or organic solid material of any origin.

Soil Erosion and Sediment Control Plan – A plan that is proposed to be implemented in order to minimize soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.

Soil Scientist – A person who is qualified as a soil scientist in accordance with the standards set by the United States Civil Service Commission.

Solar Energy Techniques – Site design techniques which:

  • maximize solar heat gain, minimize heat loss and/or provide thermal storage within a building during the heating season, and/or
  • minimize heat gain and provide for natural ventilation during the cooling season.

State – The State of Connecticut.

Statute – Connecticut General Statutes.

Steep Slope – A grade in excess of twenty percent (20%).

Street – A way (including highways, throughways, thoroughfares, parkways, avenues, roads, lanes, alleys, or other arteries of vehicular traffic, but not private driveways) which is permanently dedicated to movement of vehicles and pedestrians and providing the principal means of access to abutting property and which is:

  • a State highway;
  • a City street;
  • a private street; or
  • a street shown on a subdivision plan approved by the Commission.

Street, Accepted – Any street which has become a public highway by virtue of official acceptance by the City of Groton.

Street, Approved – Any street whose location has been approved by official action of the Commission.

Street, Cul-De-Sac – A street having only one intersection with another street or only one (1) vehicular outlet, whose primary function is to provide access to abutting property.

Cul-De-Sac Street, Permanent – A cul-de-sac street not designed to be extended into adjoining undeveloped land.

Cul-De-Sac Street, Temporary – A cul-de-sac street designed to be extended into adjoining undeveloped land.

Street, Private – A street which is not a State highway or an accepted street.

Street, City – See “Street, Accepted”.

Street-Line – The line separating the street right-of-way and adjoining lots or parcels.

Street Right-Of-Way – That area of land between private properties over which a City street and its appurtenances has been built or that area reserved for the construction of a City street and its appurtenances.

Street Width – The distance between property lines measured at right angles to the direction of the centerline of the street.

Subdividersee “Applicant.”

Subdivision – As defined in CGS Section 8-18, the division of a tract or parcel of land into three (3) or more parts or lots made subsequent to the adoption of subdivision regulations by the Commission (November 2, 1965), for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes. The word “subdivision” shall include re-subdivision. See “Resubdivision”.

Surveyor – A land surveyor as defined in CGS 20-299, licensed in the State of Connecticut, qualified to practice the profession of land surveying.

Travelway – That portion of the surface of the street intended to be used by vehicular traffic.

Turnaround – The area at the end of a cul-de-sac street usually circular in shape, provided for the purpose of enabling vehicular traffic to reverse direction without having to back up.

Watercourses – As set forth in the Inland Wetlands and Watercourses Regulations of the City of Groton, Connecticut, any rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, vernal, intermittent, or perennial, which are contained within, flow through, or border upon the City of Groton or any portion thereof.

Wetlands – As set forth in the Inland Wetlands and Watercourses Regulations of the City of Groton, Connecticut, land, including submerged land, not regulated pursuant to CGS Sections 22a-28 to 22a-35 inclusive, as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial or flood plain by the National Cooperative Soil Survey, as may be amended from time-to-time, by the Soil Conservation Service of the U.S. Department of Agriculture. Such areas may include filled, graded or excavated sites, which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.

Zoning Regulations – The Zoning Regulations of the City of Groton in effect at the time of application for subdivision or resubdivision.

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