SECTION 2. PROCEDURE
2-1 Presentations:

All applications, maps, plans, documents and data required by these Regulations shall be presented to the Commission at a Regular Meeting of the Commission scheduled in accordance with the By-Laws of the Commission. Any such material may also be transmitted by mail or may be presented to the Chairman or Secretary of the Commission or at a Commission meeting other than a Regular Meeting but such materials shall not be considered- formally submitted, unless otherwise voted by the Commission, until the next subsequent Regular Meeting.

2-2 Informal Consideration:

The Planning and Zoning Commission strongly recommends that the applicant discuss informally with the Commission, City Engineer, Valley Health Department and other interested parties his plan of subdivision prior to submitting an application. When Inland Wetlands are involved, it is recommended that preliminary discussions also be held with the Shelton Inland Wetlands Commission. If the applicant elects to proceed informally as provided herein, he should prepare and present a preliminary plan of the subdivision or re-subdivision for informal consideration by the Commission. Experience has indicated that any alternatives or changes recommended by the Commission may be made more readily and economically by the applicant before the applicant proceeds with formal application and preparation of final maps, plans and documents. However, neither the preliminary plan nor the informal consideration by the Commission shall be deemed to constitute any portion of the official and formal procedure of applying for and approving subdivisions or resubdivisions of land under the provisions of the General Statutes of the State of Connecticut. Neither the preliminary plan nor the informal consideration shall be deemed to constitute part of the official procedure described in Chapter 126, Sections 8-28a and 8-28b of, the Connecticut General Statutes.;

2-2-1 Preliminary Plan:

The preliminary plan should show sufficient information to allow the Commission to make a general planning review under the standards of these Regulations. The Commission recommends that the preliminary plan meet the standards for a SITE DEVELOPMENT PLAN under Paragraph 3-4.

2-2-2 Review:

The Commission will hold an informal discussion with the applicant and will recommend any changes or improvements in the plan in order to guide the applicant in preparing maps and plans for formal application.

2-3 Application Requirements:

Whenever any subdivision of land (as defined in these regulations and including,"re-subdivision") is proposed to be made, and before the Commission shall consider any proposed subdivision, and before any lots are sold and before any building permit for the erection of a structure in such proposed subdivision shall be granted, the following requirements shall be met and information submitted by the person, firm or. corporation proposing a subdivision or re-subdivision:



2-3-1 Application:

a) Each application for a subdivision or re-subdivision shall be accompanied by a list of the names and addresses of the owners of all properties or portions of properties situated within 100 feet of the site of the proposed application, as indicated on the most recent records on file in the City of Shelton Tax Assessors Off ice. Within seven (7) days of the submission of the application, the applicant shall mail notification of said pending application to at least one owner of record of each of said properties, as indicated on the most recent Grant List on file in the Assessors records. The text of said notice shall include a general description of the proposal, number of lots involved, utility services to be provided, tentative construction schedule and other pertinent information as well As the name, address and telephone number of the person to contact for more specific information. Evidence of such mailings, in the form of U.S. Postal Office Certificates of Mailing accompanied by a copy of the materials mailed, shall be submitted to the Commission together with a duplicate list of the above noted property owners within seven (7) days of the mailing. Failure to comply with any of the procedures required herein shall be deemed a valid basis for denial of the application, but shall not result in an automatic denial. In the case of properties, held in joint or multiple, ownership, notification to a condominium officer or director, a corporate officer, a partner or other persons having partial ownership fee interest in the property shall be considered adequate notification to all co-owners or parties in interest.

b) Within seven (7) days of the submission of the application, the applicant shall post a sign on the property which is the subject of the application which sign shall: be visible and legible to passersby on the principal street at the subject property. Such sign, to be provided to the applicant by the Commission, shall state the date of submission of the application and shall be in evidence for the continuous period of 10 days following the day of posting.

c) These written notification and posting requirements are in addition to any Statutorily mandated public notice requirements. Therefore, the Commission shall be the sole judge of the adequacy of notice in the event of any dispute as to proper and adequate notification, incorrect address or the inadvertent failure of a property owner to be notified. Furthermore, any deficiency whether perceived or real, in the above noted notification procedure shall not be construed as an automatic invalidation of any decision of the Commission on that application and shall not be considered jurisdictional.

2-3-2 Application Fee:

An application fee of $25.00 for each lot shown on the subdivision map shall accompany the application, but in any event the minimum fee for each application shall not be less than $50.00, payable to the City of Shelton at the office of Planning and Zoning Department.

2-3-3 Record Subdivision Map:

A record subdivision map shall be submitted with the application and- shall conform to all of the requirements of Paragraph 3-2 of these Regulations.



2-3-4 Construction Plans:

Plan and profile drawing of all proposed streets, storm drains, sanitary sewers, catch basins, manholes, ditches, water courses, headwalls, sidewalks, gutters, curbs, bridges culverts and other structures and improvements required by these Regulations shall be submitted with the application and shall conform to all of the requirements of Paragraph 3-3 of these Regulations.

2-3-5 Site Development Plan:

A site development plan shall be submitted with the application and shall conform to all of the requirements of Paragraph 3-4 of these Regulations.

2-3-6 Sedimentation and Erosion Control Plan:

In the event any applicant feels that the required plan is unnecessary due to existing land conditions, that applicant may submit a statement of negative impact attested to by a licensed engineer. Such statement with any explanatory information the applicant chooses to submit will be reviewed by the City Engineer who will recommend to the Commission whether or not the applicant need comply with the requirements of this paragraph. Based upon the information submitted the Commission shall reach a decision as to whether or not a plan shall be required.

2-3-7 Sanitation Certificate:

When the subdivision is not to be served by sanitary sewers and/or public water supply, the applicant shall present a statement from the Valley Health Department approving the subdivision for private sewage disposal and/or water supply systems. In areas deemed appropriate and economically feasible, the Commission may require written certification of the applicant's right to tie into public sewer lines, as provided in Section 4-6.

2-3-8 Connecticut State Highway Department Permit

Where a proposed. subdivision street or storm drain joins with a State Highway, the applicant shall obtain a permit for such connection from the Connecticut State Highway Department and shall present a copy of such permit to the Commission.

2-3-9 Public Water Supply:

When public water supply is to be provided in any subdivision, the applicant shall obtain a letter from the Bridgeport Hydraulic Company stating that application has been made for water main extension and service to serve the proposed subdivision, that Bridgeport Hydraulic Company regulations have been complied with and that satisfactory water supply, pressure and service are available to serve the proposed subdivision.

2-3-10 Inland Wetlands and Watercourses:



When any subdivision involves land regulated as an inland wetland or water course under the provisions of the Connecticut General Statutes, Chapter 40, if the Shelton Inland Wetlands Commission has not already reviewed the subdivision, the applicant shall file a copy of the subdivision application and maps with the Shelton Inland Wetlands Commission within ten days after filing such application with the Commission. The Commission shall give due consideration to any report filed with it by such Wetlands Commission prior to rendering a decision on such subdivision application.

2-3-11 Flood Plain Areas:

Applications for subdivisions to be located in Areas of Special Flood Hazard should also include the following:

a. written assurance, prepared by and bearing the seal of a professional engineer licensed to practice in the State of Connecticut, that the flood carrying capacity of any altered or relocated watercourse will be maintained;

b. if encroachment on a "Regulated Floodway". is proposed, written assurance, prepared by and bearing the seal of a professional engineer licensed to practice in the State of Connecticut, that the proposed encroachment will not result in any increase in the flood levels within the community during the occurrence of the base flood discharge; and

c. if the subdivision involves 50 lots or 5 acres, whichever is less, base flood elevation data shall be furnished.

2-3-12 Additional Evidence:

Additional evidence shall be submitted to establish to the satisfaction of the Commission that the land to be subdivided is of such character that it can be used for building purposes without danger to health or the public safety; that proper provision will be made for water, drainage and sewerage; that proper provision will be made for water, drainage and sewerage; that proper provision will be made for protective flood control measures in areas contiguous to brooks, rivers or other bodies of water subject to flooding; that open spaces for parks and playgrounds will be established in places deemed proper by the Commission; and if the Commission shall have adopted a plan of development affecting the area of the proposed subdivision, that any proposed street shown on the subdivision plan is in harmony with existing or proposed thoroughfares shown in said plan, especially in regard to safe intersections with such thoroughfares.

2-4 Formal Consideration:

After the above application requirements have been met, the Commission shall follow the procedures hereafter specified:

2-4-1 Review:

The Commission shall give consideration to the proposed subdivision or re-subdivision and shall determine whether the maps and plans and accompanying certificates and documents conform to the requirements of these Regulations. The Commission may request the submission of such additional information from the applicant that it deems necessary to make a reasonable review of the proposed subdivisions in accordance with the policy and requirements of these Regulations.

2-4-2 Hearing:

The Commission may hold a public hearing regarding the subdivision application if, in its judgment, the specific circumstances require such action. The Commission shall hold a public hearing on any application for a re-subdivision. The Commission shall afford the applicant the opportunity to appear before the Commission. Notice of any public hearing shall be in accordance with State statutory requirements.

2-4-3 Approval:

The Commission, after the public hearing if any or after the meeting with the applicant, shall give approval to the subdivision application if it shall find that the subdivision map and plans and accompanying certificates, documents and data conform to the requirements of these Regulations. Such approval shall be conditioned upon presentation of suitable easements and deeds as specified in Paragraph 24-4 and shall be conditioned upon completion of all required subdivision improvements or the execution of an agreement and the posting of a bond to guarantee such completion as specified in Paragraph 2-4-5. In granting approval the Commission may attach such conditions that it deems necessary to modify the subdivision map, plans or documents and to preserve the purpose and intent of these. Regulations. The Commission shall approve, modify and approve or disapprove any subdivision or re-subdivision application or map and plans submitted therewith, within sixty-five (65) days after the public hearing thereon, or, if no public hearing is held, within sixty-five (65) days after the submission thereof after receipt of such application or item in accordance with Paragraph 2-1, unless the applicant consents in writing to an extension of this period. The Commission, in approving, modifying And approving or disapproving any subdivision application, shall state in its records any conditions of approval, any modifications required or the grounds for disapproval. Notice of the decision of the Commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to the applicant according to State statutory requirements.

2-4-4 Easements and Deeds:

Any open spaces for parks and playgrounds to be dedicated to the City, appurtenant easements, any easements for sanitary sewers and public rights-of-way and any easements for storm drainage and water courses draining existing or proposed public streets or public streets that may be constructed in the future shall be confirmed by written easements and deeds describing the land involved and the privileges of the City in a form satisfactory to the Corporation Counsel. Such easements and deeds shall be presented prior to endorsement of the record subdivision map.

2-4-5 Flood Plain Development Permit:

Where required, evidence shall be presented that a Development Permit has been issued in accordance with the provisions of the Flood Damage Prevention Ordinance for improvements shown on the Construction Plans and Grading Plan. Such evidence shall be presented prior to the endorsement of the Record Subdivision Map.

2-4-6 Map Endorsement and Bond:

Subdivision approval shall not be deemed to take effect until all of the conditions of approval, if any, have been met and the record subdivision map has been endorsed by the Chairman or Secretary, of the Commission. The applicant shall comply with all such conditions of approval within 90 days of the date of action of the Commission; failure to do so shall render approval null and void. The Commission shall not endorse the record subdivision map to permit filing with the Town and City Clerk until all conditions of approval have been met, all required easements and deeds have been presented and all required subdivision improvements have been completed in accordance with the plans as approved. In lieu of completion of all or part of required improvements prior to endorsement of the record subdivision map, the applicant shall execute an agreement and file a bond with the Commission to guarantee such completion within two (2) years. The bond shall be in form and amount and with surety acceptable to the Commission and Corporation Counsel and shall be a surety bond, executed by a surety company authorized to enter into such bonds in the State of Connecticut, or a cash or savings account bond. As required by the Zoning Regulations of the City of Shelton, no Certificate of Zoning Compliance will be issued until the sub-base, base course of bituminous road pavement are completed to such extent as is required to provide access to such residence.

2-4-7 Completion of Improvements:

All improvements required by the approval of a subdivision application shall be completed within five years after such approval. The Commission's endorsement of the record subdivision map shall state the date on which such five year period expires. Failure to complete all work within such five year period shall result in automatic. expiration of the approval of such subdivision plan provided the Commission shall file on the land records notice of such expiration and shall State such I expiration on the record subdivision map, the Commission's action shall be consistent with Section 4, Section 8-26 c (b) of the general statutes as amended.

2-4-8 Recording:

The date of endorsement of the record subdivision map shall be noted on the map by the Chairman or Secretary of The Commission. Said record subdivision map, together with any related easements and deeds shall within 90 days after endorsement of the map be filed for record in the Office of the Shelton Town Clerk. The fee for filing of said map, easements and deeds shall be paid by the applicant.

2-4-9 Certificates of Compliance:

Before release of any subdivision bond, or before the Commission endorses any subdivision map to permit filing with the Town Clerk when no subdivision bond has been posted, the following shall be completed by the applicant and submitted to the Commission:

a. the applicant's land surveyor, licensed to practice in the State of Connecticut, shall certify the installation and precise location of monuments by noting such monuments and their location on the linen construction plans and by signing and sealing the plans;

b. the applicant's land surveyor or engineer, licensed to practice in the State of Connecticut, shall update the linen construction plans to show "as-built conditions", and shall sign and seal said plans, certifying that all of the required improvements have been completed in the location and at the elevation shown thereon;

c. the applicant shall submit a formal request for City of Shelton acceptance of all streets shown on the Record Subdivision Map; such requests shall be in a form and with accompanying documents as approved by the Commission and Corporation Counsel.

2-4-10 Release of Bond:

No bond shall be released until the improvements covered by such bond have been inspected by the City Engineer and the certificates of compliance submitted as provided in Paragraph 2-4-8. In addition, the applicant shall execute an agreement and file a bond to guarantee maintenance of and to cover unforeseen deficiencies in the required subdivision improvements. In the case of improvements which are to be offered for acceptance by the City, the maintenance bond shall terminate no earlier than one (1) year after the date of acceptance of the improvements by the City. The maintenance bond shall be in form and with surety as required in Paragraph 2-4-5 and shall be in an amount determined by the Commission with the recommendation of the City Engineer. The Commission may require that not less than 20% of said maintenance bond shall be in the form of a cash bond.