§ 3. General requirements for subdivision of land.

a.

Character of land. All land to be subdivided shall be of such character that it can be used for building purposes without danger to health or public safety. Land subject to flooding or with inadequate means of sanitary sewage disposal shall not be subdivided.

b.

Compliance with zoning ordinance. All subdivision plans must conform to the Enfield Zoning Ordinance and to the Enfield Subdivision Regulations herewith prescribed, and they shall be guided in their layout by any comprehensive plans the commission may have adopted covering the area involved, before receiving final approval.

c.

Waiver procedure and vote on subdivision plan. In accordance with Section B-26 of the Connecticut General Statutes, as may be amended, the commission may waive certain requirements under the regulations by a three-quarters vote of all the members of the commission in cases where conditions exist which affect the subject land and are not generally applicable to other land in the area.

In granting any waiver, the commission shall find that: it would not have a significant adverse effect on adjacent property; it would not have a significant adverse effect on public health and safety; it is not in conflict with the plan of development; it is consistent with the development pattern of other land in the area; it is compatible to the site's natural features.

The commission shall take a separate vote on each waiver request, separate vote on each waiver request, separate from and prior to the main motion on the subdivision application. The commission shall state upon its records the reason for which a waiver is granted in each case.

The subdivision application shall be approved by a majority vote of those members present and voting.

d.

Approval of plan, bond. No improvements shall be made by a developer until the final plan has been approved by the commission and a bond or escrow agreement, acceptable under these regulations, has been received, securing to the town the actual construction, installation and associated costs of all facilities and utilities. Reference is made to section 4c. of these regulations.

e.

Open space.

1.

Dedication. As part of any subdivision, the commission shall require such open space as it may deem proper, conveniently accessible to all lots from public ways, with a minimum frontage of 40 feet, consistent with the following:

A.

The total amount of area to be reserved for open space purposes shall be a minimum of ten percent of the gross area of the subdivision, unless otherwise specified by the commission.

B.

The commission shall determine the manner in which the open space is to be conveyed or preserved including the following mechanisms:

I.

Fee dedication to the Town of Enfield;

II.

Conservation easements to the Town of Enfield, both passive (no public access required) or active (public access granted);

III.

Other easements to access open space, watercourses etc., for maintenance purposes;

IV.

Private covenants;

V.

Fee dedication to the State of Connecticut;

VI.

Fee dedication to the local land trust; or

VII.

Combination or an extension of the above described techniques.

C.

Each area reserved for such purpose shall be of suitable area, dimensions, topography and natural character for the intended conservation and/or recreation purposes. Each such area shall be located and laid out so as to be used in conjunction with similar areas of adjoining subdivisions or of probable future subdivisions or as part of additions to areas as shown in the plan of development for open space or recreation uses.

At least 33 percent of the area for open space shall not be encumbered by wetlands, waterbodies, any existing or proposed storm water detention facilities, the 100-year flood plain as designated by the Federal Emergency Management Agency, or slopes in excess of 25 percent.

D.

The commission may require that open space may be developed or reserved for parks or playgrounds, or passive recreation purposes; such requirements, if any, shall be bonded as a public improvement pursuant to section 4.C of the Enfield Subdivision Regulations; however, in all instances, the approved subdivision plan shall clearly state the intended use and purpose of all open space parcels.

E.

In making its determination on the methods of open space preservation, the location and configuration of open space parcels, and the size and type of recreation improvements, the commission shall be guided by the plan of development, the state plan of conservation and development, and any relevant policy jointly adopted by the town council, planning commission and conservation commission.

F.

In considering open space parcels under this section, the commission may request the input of the superintendent of parks and recreation concerning the need for and appropriateness of any proposed recreational facilities as well as the ability of the town to maintain the property; and, the commission may request the input of the conservation commission for an advisory report concerning the appropriateness of the proposed open spaces.

G.

Where open space is required under this section, the applicant shall provide a warranty deed or appropriate easement to the town or other designated agency prior to the filing of the subdivision maps with the town clerk.

The open space requirement of the section shall not apply: if the transfer of all land in a subdivision of less than five parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle or first cousin for no consideration; or, if the subdivision is to contain affordable housing, as defined in G.S. § 8-39a, equal to twenty percent or more of the total housing to be constructed in such subdivision; or, if the subdivision contains already developed lots within the Thompsonville or Hazardville neighborhoods.

Except as provided above, the commission shall require open space in all subdivisions, and no waivers shall be granted, unless the commission authorizes the payment of a fee in lieu of open space as set forth below.

2.

Fees in lieu of open space dedication. As set forth in G.S. § 8-25, the commission may authorize the applicant to pay a fee to the Town of Enfield, or a combination of paying a fee to the Town of Enfield and transferring land to the Town of Enfield, in lieu of the full requirement to provide open spaces. In considering any land to be transferred under this section, the commission shall follow the procedures outlined in sections 3e.1 B—G. The procedure is set forth below:

A.

The applicant shall provide a narrative as part of his subdivision application to the commission setting forth the proposal to pay a fee, or pay a fee and transfer land, in lieu of the full open space dedication as set forth above.

B.

The commission shall determine whether to accept the proposal of the applicant, to recommend a different combination and fee, or to require a dedication only.

C.

If fees in lieu of open space is to be allowed, the commission and applicant shall first jointly select an appraiser to determine the fair market value of land proposed to be dedicated along with a fee in lieu of open space. The applicant shall be responsible for all of the appraisal fees and expenses.

Steps A, B and C may, at the discretion of the commission, be accomplished during the application acceptance portion of the process.

D.

The payment, or combination of payment and the fair market value of land transferred, shall be equal to not more than ten percent of the fair market value of them land to be subdivided prior to the approval of the subdivision.

E.

The method of payment of any fees under this section shall be one of the following two options:

i.

The applicant, at his option, may submit the entire fee in one lump sum prior to filing of subdivision mylars with the town clerk; or

ii.

The applicant may elect to submit a fraction of such payment, the numerator of which is one and the denominator of which is the number of approved building lots in the subdivision, no later than the time of the sale of each approved building lot; and a notation describing this requirement shall be placed on the final subdivision map filed in the town clerk's office. If this option is chosen, the applicant shall submit a bond or other security acceptable to the director of finance, equal to the full amount of fee required, prior to the filing of the subdivision maps in the town clerk's office.

F.

Fees submitted under this section shall be deposited by the town in a fund which shall be used for the purpose of preserving open space or acquiring additional land for open space or for recreational, agricultural purposes. The disbursement of such fees must be approved by the commission and must be consistent with the plan of development. Any required fees shall be paid to the town prior to release of any subdivision performance bond.

f.

Privately-owned reserve strips. No privately-owned reserve strips shall be permitted which control access to any part of the subdivision from any street or other open space dedicated to public used, or which may be so dedicated, nor will reserve strips of land be permitted which may prove to be untaxable for improvements.

g.

Preservation of natural beauty; grading and top soil. The subdivider shall give due regard to the preservation and potential enhancement of existing natural features, large trees, scenic points and similar assets of a community nature. No land shall be graded except as shown on the final plan approved by the commission. No soil shall be removed from any portion of the subdivision, except where required for the construction of streets, driveways, or structures or for the grading of land, all in accordance with the final plan, approved by the commission. Where top soil has been removed for the above purpose, or where less than seven inches of top soil exists, the commission shall require the replacement of an amount which it deems adequate for proper landscape development, not exceeding a total depth of seven inches.

When grading, the subdivider shall take special measure to prevent undue erosion. Excess top soil must remain within the limits of the Town of Enfield, except as may otherwise be provided pursuant to section 8.40 of the town zoning ordinance.

h.

Site improvement generally. If, in the judgment of the commission, overall site improvement is necessary, the subdivider shall submit which show methods of stabilizing slopes against erosion and storm water drainage, in accordance with the Connecticut Guidelines for soil Erosion and Sediment Control Handbook, January, 1985 and any later revisions thereto. Such plans shall be reviewed by the director of public works and a written report of his findings shall be submitted to the commission.

i.

Trees. In open areas, the commission shall require, as part of the final plan for a new residential subdivision, the planting of trees, of a deciduous species approved by the commission and of not less than 1½ to two inches caliper, not more than 50 feet apart on both sides of all streets, and at least four feet behind the front lot line on private property, or as otherwise approved by the commission. For a particular lot, such trees required for that lot shall be planted within 12 months of issuance of a building permit for such lot. In wooded areas existing specimen shade trees shall be left in place where practicable and lots in such areas shall not cleared except as approved by the commission.

j.

Approval of town engineer. No subdivision plan shall receive final approval from the commission until it has received a written report from the office of the town engineer. Such office shall review each subdivision plan with regard to sanitary sewage disposal, storm drainage, water supply, road, curb and sidewalk construction, and other engineering aspects as required by these regulations. The report of the office of the town engineer shall specifically state as to the plan's conformity with these regulations.

k.

[ Lot sizes for private sewer or water systems. ] Larger lot sizes than the minimum required under the zoning ordinance may be required by the commission in areas to be served by private sewage disposal systems or private water supply where adverse soil or topographic conditions make such necessary, in accordance with standards established by the North Central Health District.

l.

[ Dedication of streets. ] Approval of a final subdivision plan shall not constitute an acceptance by the town of any street, as defined in Section 1, included in the plan. However, the filing of an approved final subdivision plan in the office of the town clerk shall constitute an irrevocable offer of dedication to the town for acceptance as a street of any land shown as a street on such plan. Such offer of dedication shall be binding upon the owner of such land, his heirs, successors and assigns. The same shall hold true for dedication of land for easements or other public uses.

m.

Ingress and egress. No plan of subdivision containing a road whose length is more than 1,200 feet shall be approved which does not two means of vehicular ingress and egress from an accepted town street. As used in here, vehicular ingress and egress will be by streets in accordance with these regulations.

n.

Fire hydrants. Fire hydrants shall be installed by the subdivider so that all lots within the proposed subdivision shall be located within 500 feet of a hydrant, if such subdivision is to be serviced by public water supply. Such measurements shall be taken along public ways only. Fire hydrants shall be located so the outside flange of any hydrant will be set three feet off the face of curb.

o.

Developer's responsibility for public utilities. In the case of subdivisions where water, gas, sewers and electric street lighting are to be connected to a public source, all necessary mains, branch offsets or laterals to each lot, fire hydrants, fire alarm boxes, poles, and street equipment shall be installed at the subdivider's expense as approved by the corporation or municipal department having jurisdiction. If a subdivision is proposed in an area of an existing street where no street illumination presently exists, the developer shall install such illumination as required by Northeast Utilities.

p.

[ High pressure pipe lines. ] If subdivision of land is proposed upon which there exists high pressure pipe lines, the easements for such lines shall show on the subdivision plan. The exact location of the lines as actually located by the surveyor shall be shown on all supplementary maps. Such supplementary maps shall also show, along the center line of the pipe, vertical profiles of the pipe and the existing terrain.

The following are considered as minimum requirements to lessen hazards of such pipe lines:

1.

Minimum building setback lines of 40 feet distance from the centerline of pipe shall be established on both sides of such pipe lines.

2.

Where septic tanks are to be utilized, such septic tanks and all appurtenances and connections shall be on the same side of the pipe line as is the building they will serve.

3.

Proposed street shall cross such pipe lines at right angles or nearly so. In such street crossings, the pipe shall be enclosed in a casing which at least meets the requirement of the specifications in A.P.I. Code No. 1102 issued by the American Petroleum Institute entitled "Recommended Practice on form of agreement and Specifications for Pipe Crossings Under Railroad Tracks", except that the minimum distance from the top of the casing to the proposed road surface be four feet six inches and its casing shall extend the full width of the right-of-way.

q.

[ Sanitary sewers. ] Active or capped sanitary sewers shall be installed in all proposed streets by the developer at his expense. All sanitary sewer construction will be under the direct supervision of the Town of Enfield Sewer Authority as to their design, installation, and operation. They will be designed in accordance with the specifications of the director of public works as outlined in the Code of the Town of Enfield.

r.

Utility distribution lines. All utility lines or conduits including those for power or communications shall be installed underground, regardless of location of existing utility lines or conduits. All lines shall be buried with magnetic identifying marker tape 12 inches above the centerline of the conduit. All utility lines shall be designed and installed so that the outside of the conduits are located a minimum of three feet horizontally from the outside face of any storm drainage or sanitary sewer structure. The utility lines shall also be designed and installed so that there is a minimum one foot vertical clearance from the outside face of any storm drainage or sanitary sewer pipe that they may cross. The same horizontal and vertical clearance criteria shall be complied with in the design and installation of sanitary sewer systems as they relate to the location of existing or proposed storm drainage systems.