1. Applications for approval of a plan of subdivision or resubdivision shall be made by the developer in writing on a form furnished by the Commission and filed in the office of the City Planning and Zoning Department.
2. Any subdivision or resubdivision application shall be accompanied by forms, fees, maps, plans, profiles and all additional documentation, information and reports as prescribed in these Regulations.
3. Plans submitted under these Regulations shall be prepared by the following person or persons:
|Stage||Type of Design||Type of Person|
|Preliminary Plan||Schematic / conceptual design.||An engineer, surveyor, architect, land planner, landscape architect, or other qualified individual.|
|Formal Application||Delineation of the boundary lines of the outside perimeter of a parcel as well as the interior lots and streets.||Sealed by a surveyor|
|Design of streets, drainage systems, sanitary sewer systems, sewage disposal systems, and water supply and distribution.||Sealed by an engineer|
4. Each application shall be signed by the owner of record or his/her duly authorized agent or representative. If the application is signed by an agent or representative, a written instrument executed by the owner of record evidencing the agent’s authority to apply must accompany the application.
5. All applications shall be submitted to the Commission during regular working hours. The application shall be dated as of the actual date submitted.
6. The Commission retains the right to have any information submitted with regard to an application reviewed by City staff or officials, and to consult with any other agency or person as, in the opinion of the Commission, may be advisable for their information, review and recommendations. In accordance with CGS Section 8-1c and any Municipal Land Use Fee Ordinance, the applicant shall be responsible for any review fees and related expenses incurred as a result of such consultations.
7. The applicant shall be present at the meeting of the Commission when the application is presented to the Commission although the Commission may still act on an application if the applicant is not present.
8. Any proposed subdivision located within a coastal area as defined in the Municipal Coastal Program shall be subject to a Coastal Site Plan Review pursuant to the City of Groton Zoning Regulations.
9. Submission of a subdivision application shall be deemed permission for the Commission and the City or their agents or representatives to enter the property for the purposes of:
a. Reviewing the proposed subdivision;
b. Inspecting the property and any proposed improvements, and/or
c. Installing the proposed and required improvements in the event of failure of the applicant to make such improvements or properly maintain them.
5.02 PRELIMINARY STAFF REVIEW (OPTIONAL)
Review and discussion of preliminary plans with Staff is strongly encouraged.
1. In order to prevent undue delay or extensive modification to a formal application, the Commission encourages informal discussion with City Staff of the general design of the subdivision and its improvements to assure coordination with the Plan of Conservation and Development and these Regulations.
5.03 PRELIMINARY COMMISSION REVIEW (OPTIONAL)
1. In the event of a substantive question related to the design of the subdivision, the applicant may submit a non-binding preliminary plan on an informal basis so that information can be exchanged with City Staff and the Commission to aid in the preparation of an application.
2. In accordance with CGS Section 7-159b, the procedure is a preliminary review of a conceptual design by the Commission and:
a. Receipt of materials shall not constitute a “formal application,” and
b. Any discussion or opinions rendered are advisory only, are not binding on the Commission or the potential applicant, and shall not be the basis for a claim of predetermination by the Commission.
3. Three (3) copies of a preliminary plan shall be submitted to the Planning Staff, and the potential applicant shall be advised of the date to appear at a meeting of the Commission for informal review and comment. Every effort will be made to expedite the review.
Any advice or recommendation made by the Commission during such exchange of information is informal and is not binding upon the Commission. The applicant must still obtain final approval as defined by the regulations.
5.04 FORMAL SUBDIVISION APPLICATION
1. A formal application for subdivision or resubdivision shall include the following:
a. One (1) original of the prescribed application form, fully and properly completed and executed;
b. The required application processing fee;
c. Plans and other documents as required by these Regulations and/or as required by the Commission; and
d. Evidence of the signatory’s authority to sign on behalf of the owner of record and/or the applicant.
2. The Commission may require the submission of:
a. Funds to compensate the Commission for any costs of review or guidance as authorized by CGS Section 8-1c and any Municipal Land Use Fee Ordinance;
b. Evidence of application to CTDOT seeking approval of access onto any State highway or discharge of drainage into a State system or onto State property;
c. A statement, together with supporting documentation, of the estimated cost of constructing the proposed subdivision streets and other improvements;
d. Any proposed grant or easement to the City, in form satisfactory to the City;
e. any additional information and data as may be required from the applicant in order to establish that the proposed subdivision complies with these Regulations;
f. Additional copies of application materials as necessary for review by the Commission or other City agencies.
3. If the property included in the application is subject to a conservation restriction or a preservation restriction as defined in CGS Section 47-42d, the applicant shall provide:
a. Proof that the applicant has, at least sixty days prior to the filing of the permit application, provided written notice of such application, by certified mail, return receipt requested, to the party holding such restriction; or
b. A letter from the holder of such restriction or from the holder’s authorized agent, verifying that the application is in compliance with the terms of the restriction.
5.05 RECEIPT AND SCHEDULING
1. If a formal application involves land regulated as an inland wetland or watercourse under the provisions of Chapter 440 of Connecticut General Statutes, the applicant is encouraged to acquire permits and approvals from the agency responsible for administration of the inland wetland and watercourses regulations prior to submission to the Commission. In any event, the applicant shall submit an application to the Conservation and Inland Wetlands Commission no later than the date the application is filed with the Planning and Zoning Commission.
2. For the purpose of calculating statutory timeframes, the date of receipt of an application shall be the date of the next regularly scheduled meeting of the Commission immediately following the day of submission of the application or thirty-five (35) days after submission, whichever is sooner.
3. The Commission shall not be required to consider an application for possible action if:
a. The date of receipt was less than 14 days prior to the Commission meeting, or
b. the application is not in good form and accompanied by all required fees, plans and supporting materials needed to document conformity to the requirements of these Regulations.
4. The Commission shall not be required to consider an application for approval of a subdivision plan while another application for subdivision of the same or substantially the same parcel is pending before the Commission.
5. Upon receipt of an application for subdivision or a resubdivision, the Commission shall schedule a public hearing.
6. The Commission may require field staking of proposed improvements, such as proposed streets, for visual inspection. Such stakes shall be installed at intervals of fifty (50) feet along the center lines. The Commission or its agent shall retain the right to field-check and inspect the layout prior to acting on the proposed subdivision.
7. At any time following the submission of an application and prior to final action by the Commission, an application may be withdrawn by filing with the Commission a written statement to that effect.
5.06 NOTICE PROVISIONS
1. Before a public hearing on any application for subdivision or resubdivision, the applicant shall present proof by Certificate(s) of Mailing from the United States Postal Service that notice of the time and place of the public hearing at which the subdivision was to be considered was sent at least ten (10) days in advance of the date of the scheduled hearing to each of the owners of land within 200 feet of the property with regard to which a Subdivision or Resubdivision is requested, as their names appear upon the last completed assessment roll of the City.
2. In accordance with CGS 8-26b, when any proposed subdivision or resubdivision will abut or include land in a neighboring municipality:
a. The Commission shall give written notice of such subdivision plan and send a copy of such subdivision plan to the regional planning agency in which it and the other municipality is located by certified mail, return receipt requested or by electronic mail, read receipt requested, at least thirty days before the date of the first public hearing to be held in relation thereto except that if the Commission does not receive confirmation of receipt of such electronic mail at least twenty-five days before the public hearing then it shall send such notice by certified mail, return receipt requested.
b. If the advisory report from the regional planning agency with its findings on the intermunicipal aspects of the proposed subdivision is not received at or before the hearing, it shall be presumed that such agency does not disapprove of the proposed subdivision.
3. In accordance with CGS 8-7d(f), the Commission shall:
a. Notify the clerk of any adjoining Connecticut municipality by certified mail, return receipt requested, within seven (7) days of the date of receipt (as specified in Section 5.05.2 of these Regulations) of an application concerning any project on any site in which:
i. Any portion of the property affected by the decision of the Commission is within five-hundred (500) feet of the boundary of the adjoining municipality; or
ii. A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or to exit the site; or
iii. A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
iv. Water run-off from the improved site will impact streets or other municipal or private property within the adjoining municipality.
b. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application.
4. The Commission shall transmit a copy of the maps and plans to the Director of Public Works with a request for a report concerning the suitability of the construction plans and any relationships between the subdivision layout and existing City streets and drainage systems.
5.07 PUBLIC HEARINGS
1. In accordance with CGS 8-7d, when a hearing is to be held on an application, such hearing shall:
a. Commence within sixty-five (65) days after the date of receipt of such application; and
b. Be completed within thirty-five (35) days after such hearing commences, unless a shorter or longer period of time is required or allowed pursuant to CGS Section 8-7d, as amended.
2. The applicant may consent to one or more extensions of any period specified in Section 5.07.1 provided the total of all extensions authorized under Section 5.07.2 or Section 5.08.2 of these Regulations shall not exceed sixty-five (65) days.
3. In accordance with CGS 8-7d, 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.
4. Notice of the public hearing shall also be given to the applicant by sending a copy of the notice of the public hearing by registered or certified mail to the applicant.
5. All applications and maps and documents relating thereto shall be open for public inspection.
6. At such hearing any person or persons may appear and be heard and may be represented by an agent or by an attorney.
5.08 APPLICATION PROCESSING AND ACTION
1. The Commission shall act upon an application by approving, modifying and approving, or disapproving the application, including the maps and plans submitted therewith, within sixty-five (65) days after completion of the public hearing unless a shorter or longer period of time is required or allowed pursuant to CGS Section 8-7d, as amended.
2. The applicant may consent to one or more extensions of any period specified in Section 5.08.1 of these Regulations provided the total of all extensions authorized under Section 5.07.2 or Section 5.08.2 of these Regulations shall not exceed sixty-five (65) days.
3. In accordance with CGS Section 8-26(d), failure of the Commission to act upon an application within the statutory timeframe shall be considered as an approval, and a certificate to that effect shall be issued by the Commission on demand.
4. If a formal application involves land regulated as an inland wetland or watercourse under the provisions of Chapter 440 of Connecticut General Statutes, the Commission shall not render a decision until the Conservation and Inland Wetlands Commission has submitted a report with its final decision to the Commission. In making its decision, the Commission shall give due consideration to the report of the Conservation and Inland Wetlands Commission.
5. In making its decision, the Commission shall give due consideration to the material contained in the record.
6. Any action by the Commission shall:
a. Set forth the reasons for approval, approval with modifications, or disapproval;
b. Set forth any conditions to which the approval is subject; and
c. Be stated on the Commission’s records.
7. Commission approval of the plans shall not be deemed an acceptance by the City of any street or other land shown as offered for public use.
8. The Commission shall cause notice of its action to be:
a. Delivered to the applicant by certified mail, return receipt requested; and
b. Published in a newspaper having substantial circulation in the City of Groton as provided in CGS Section 8-26.
9. If the Commission fails to cause notice of its action to be published as provided in CGS Section 8-26 (within fifteen days after a decision has been rendered), the applicant:
a. May publish such notice within ten (10) days following the 15-day period, and
b. Such notice shall be a simple statement that such application was approved, modified and approved or disapproved, together with the date of such action.