6.01 FINALIZING APPROVED PLANS
1. Based upon the approval by the Commission, the applicant shall have the subdivision plan and supporting plans revised to conform to any modifications called for in the Commission’s action in light of the fact that such plans need to be filed on the land records within 90 days of approval and that the Commission has up to 30 days to have the plans signed by the Chairman.
2. No other changes, erasures, modifications or revisions shall be made in any subdivision plan or supporting plans without the written consent of the Commission.
3. Such subdivision plan shall contain the following signature block for the Chairman’s signature:
|At a meeting on ________________________, the Planning and Zoning Commission of the City of Groton approved this subdivision plan in accordance with the City’s Subdivision Regulations.|
In accordance with the timeframes established by CGS Section 8-26c, the improvements or other requirements shall be completed by:
6.02 PROVISION OF FINANCIAL GUARANTEE
1. When public improvements remain to be completed as of the date of filing of the subdivision plan, a financial guarantee shall be provided to the City in a form and amount acceptable to the Commission to guarantee the completion of all public improvements remaining to be constructed including but not limited to storm water management systems, streets, utilities, and monumentation of property as set forth in the requirements of these Regulations.
2. Acceptable financial guarantees shall include:
a. One or more savings accounts, money market accounts, or certificates of deposit from financial institutions approved by the City of Groton provided:
i. Each such account shall be federally insured for the full amount of the deposit; and
ii. The account shall be only in the name of the City of Groton.
b. A certified or official check from a financial institution approved by the City of Groton made payable only to the City of Groton;
c. An unconditional irrevocable letter of credit approved by the City of Groton and issued by a financial institution authorized to do business in Connecticut naming the City as the sole beneficiary.
3. Any financial guarantee which has an expiration date shall include the following provisions:
a. The financial guarantee shall not expire unless the Commission or its designated agent has received written notice of such expiration at least thirty (30) days but not more than forty-five (45) days before such expiration is to occur; and
b. In the event such notice is received, the City may draw without further condition the balance of the financial guarantee; and
c. Unless such notice is received, the financial guarantee shall automatically be extended for a period of not less than one year until all improvements or other requirements of these regulations are completed.
4. Any interest or dividend accruing on any account or instrument shall accrue in the name of the applicant but, if the applicant defaults in completing the work covered by the financial guarantee, such funds may be used by the City in the same manner as the principal.
5. Before release of any financial guarantee, the Commission may request the applicant to present a statement, signed and sealed by a surveyor or an engineer, certifying that such surveyor or engineer has inspected all of the required construction work and that all of the required improvements have been completed in accordance with plans and specifications as approved.
6. If the person posting a financial guarantee under this section requests a release of all or a portion of such financial guarantee, the Commission shall, at least sixty-five days after receiving such request:
a. Release or authorize the release of any such financial guarantee or portion thereof, provided the Commission, in its sole discretion, is satisfied that the improvements for which such financial guarantee or portion thereof was posted have been completed; or
b. Provide the person posting such financial guarantee with a written explanation as to the improvements that must be completed before such financial guarantee or portion thereof may be released.
6.03 SUBMISSION FOR SIGNATURE
1. The applicant shall submit six (6) paper sets and one (1) mylar set of the approved plans, with the appropriate signature blocks and any required modifications, to the Commission for signature.
2. The applicant shall also submit, in a form satisfactory to the City:
a. Any required deeds or grants to the City in a form ready for execution;
b. Any required easements for drainage, access, utility, or other purposes in a form ready for execution;
c. A certificate of title indicating that any proposed conveyance is free of encumbrances;
d. Evidence of the signatory’s authority to sign on behalf of the grantor.
Such grants or easements shall not be recorded on the land records until the Subdivision Plan shall have been filed on the land records and until any necessary action shall have been taken by any other appropriate City agency or agencies.
3. In accordance with CGS Section 8-25, the Commission shall have up to thirty days for the Chairman or Secretary of the Commission to sign the approved plans and to deliver the signed plans to the applicant and such time period shall be measured from the later of:
a. The date that taking an appeal from the action of the Commission has elapsed;
b. The date that plans modified in accordance with the Commission’s approval and that comply with CGS Section 7-31 are delivered to the Commission; or
c. In the event of an appeal, from the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant or the date that plans modified in accordance with the Commission’s approval, and/or the judgment of the Court, are delivered to the Commission.
6.04 FILING OF APPROVED PLANS
1. Once signed and authorized by the Chairman, the signed mylar set of the approved plans shall be filed with the Town Clerk of the Town of Groton at the applicant’s expense.
2. Unless otherwise provided by CGS Section 8-25, as amended, such plans shall be filed in the office of the Town Clerk of the Town of Groton within ninety (90) days of the expiration of the appeal period under CGS Section 8-8, or in the case of an appeal, within ninety (90) days of the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant.
3. The Commission may extend the time for such filing for two (2) additional periods of ninety (90) days, and the approval shall remain valid until the expiration of such extended time.
4. Any plan not so filed or recorded within the prescribed time shall become null and void.
6. In the event that any Subdivision Plan, when recorded, contains any changes not approved or required by the Commission, the Plan shall be considered null and void and the Commission may then file a notice with the Town Clerk of the Town of Groton voiding the subdivision.
6.05 MODIFICATION OF APPROVAL
1. Any applicant requesting to modify an approved plan, or any condition of approval, shall file a written request with the Commission, together with the required fee.
2. The applicant shall state the reason why a modification is requested, and shall describe any change in facts or circumstances or any unforeseen natural or technical difficulties forming the basis for the request.
3. The Commission, in its sole discretion, may require a public hearing on any request, or may require the applicant to submit a complete application under Article 5.00 of these Regulations.
4. The Commission shall require a complete application under Article 5.00 of these Regulations for any change meeting the definition of “resubdivision” under CGS Section 8-18, as amended.