Abutting Owner - The owner of property as indexed at the time of application with a contiguous boundary with the property being subdivided and/or with coextensive frontage on the other side of a Town or private road.
Applicant - Any person, firm, corporation, partnership, association or appointed agent having an interest in a parcel of land and who applies to the Commission for approval of a subdivision of such land. Consent shall be required from the owner of record of the premises.
Application - The application for the approval of a proposed subdivision or resubdivision of the land.
Buildable Area – A contiguous area consisting of 30,000sq ft, which shall contain a proposed location of a house, well and septic system, contain a minimum square of 100ft x 100ft, which shall not include wetlands or water courses, land show as floodway Zone A or Zone B on map entitled “Flood Insurance Rate Map, Town of East Hampton CT-effective October 16, 1979”. (effective Dec 6, 2003)
Certification - A signed, written approval by the Planning and Zoning Commission, its designated agent, or the Middlesex County Soil and Water Conservation District, that the Soil Erosion and Sediment Control Plan complies with the applicable requirements of these Regulations.
Commission - The East Hampton Planning and Zoning Commission.
County Soil and Water Conservation District - The Middlesex County Soil and
Water Conservation District, established under Subsection (a) of Section 22a-315 of the General Statutes of Connecticut, as amended.
Developer - Synonymous with "applicant" as defined above.
Development - Any construction or grading activities to improved or unimproved real estate.
Dead-End Street - The portion of any road which only has one intersection with another road.
Disturbed Area - An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
Easement - A right, established in deed or other legal means, of one party to use a designated portion of a second party's land for a specific and limited purpose.
Erosion - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Final Subdivision Plan - The final subdivision layout, plans, and all required supporting data that is presented to the Commission for approval.
Grading - Any excavating, grubbing, filling (including hydraulic fill), or stockpiling or earth materials or any combination thereof, including land in its excavated or filled condition.
Improvement - Any change 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. As used in these regulations, improvements include, but are not limited to: construction and installation of roadways, paved streets, curbs, gutters, sidewalks, utilities, street signs, monuments, shade trees, drainage facilities, erosion and sedimentation control measures, fire ponds, sewer and water systems, buildings, earth filling or removal, seeding, and grading.
Inspection - Means periodic review of sediment and erosion control measures shown on the certified soil erosion control measures shown on the certified soil erosion/ sediment control plan.
Landscaping - Changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic affect appropriate to the use to which the land is put. It may include reshaping the land by removing the earth, as well as preserving the original vegetation or adding vegetation.
Lot - The unit or units into which land is divided with the intention of offering such units for sale, lease, conveyance or transfer; either as undeveloped or developed sites; regardless of how they are conveyed. Lot shall also mean parcel, site, or any similar term.
Lot, Building - A lot in compliance with East Hampton Zoning Regulations, capable of supporting a building, and on which all utilities required for habitation, such as water supply and sewage disposal, are available to the lot or on-site.
Maintenance Bond - A bond furnished to the Town by a developer that guarantees all subdivision improvements against the defective workmanship or materials for the period of one year.
Open Space - Property within a subdivision, designated to be deeded to the Town or other approved agency by the developer, or to be maintained by the developer and/or owner in an undeveloped state in a manner approved by the Commission, to be used for passive or active recreation; sediment, erosion
or stormwater control; or for preservation of natural features.
Owner - The property owner of record.
Performance Bond - A bond, furnished to the Town by the developer, to be used to complete subdivision if the developer does not complete the improvement as promised, as required, and/or indicated on the application.
Plan of Development - The Plan of Development is a master plan for the most desirable use of land for residential, recreational, commercial, industrial and other purposes; and contains the Commission's recommendations for population density, streets and other public ways, municipal development, public utilities, public housing and redevelopment; pursuant to Chapter 26 of the General Statutes of Connecticut, as amended.
Private Road - A road constructed and maintained for public travel which is not a Town road as defined above. Not including driveways serving one or two parcels.
Right of Way -
A. That portion of land which is made available for the construction of roadways, ditches, drainage structures, and utility lines, and is to be conveyed to the Town in the case of a proposed Town road or conveyed to an association charged with maintenance of such right of way in the case of a private road. The form and content of the instrument of conveyance shall be subject to the approval of the Town Attorney at the option of the Commission.
B. The parcel of land between street property lines, which are defined as the limits of land dedicated, secured or reserved for public transportation uses.
C. A narrow strip of land used to gain access to a parcel of land that does not have access to a street right of way. Right of way is usually owned in fee by the party having the right to use it.
Sediment - Solid material, either mineral or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.
Soil - Any unconsolidated mineral or organic material of any origin.
Soil Erosion and Sediment Control Plan - A Scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and a narrative.
Soil Types - The classification of soils in a development as defined and explained in the Soil Survey of Middlesex County, Connecticut, Soil Conservation Service, as amended.
Soils Map - The officially adopted soils classification of the Town of East Hampton, Connecticut, prepared by the Middlesex County Soils Conservation District and the Department of Agriculture, Soil Conservation Service.
Special Flood Hazard Area - The land in the flood plain subject to one percent (1%) or greater chance of flooding in a given year. The Special Flood Hazard Area contains all zones "A" and "A1"-"A30" as designated in Flood Insurance Maps dated October 16, 1979 and as revised; and contains all land within the Flood Plain Zone as designated on the official Town of East Hampton Zoning Map.
Solar Access - The south wall of a structure being shade free seventy-five percent (75%) of the time from 9 A.M. to 3 P.M. on December 21st of each year.
Stabilization - Structural or vegetative treatment applied to an area in order to prevent soil erosion.
Street, Cul-de-sac – A Street with a single common ingress and egress and with a turnaround at the end. A local street having one end open to vehicular traffic and the other end permanently closed with a vehicular turnaround not to exceed 1,500ft in length (see appendix C). (effective 12/6/03)
Street, Cul-de-loop – A street that turns into and reconnects with its main axis with the center or island used for parking, open space purposes or additional development and not to exceed 1,500ft in length measured from the existing road, along the centerline of the road , equal distance to the furthest point of the Cul-de-loop (see appendix C). (effective 12/6/03)
Street, loop – A short independent street that usually terminates along the same collector street of is origin (see appendix C). (effective 12/6/03)
Street, stub – A non permanent dead end street intended to be extended in conjunction with the subdivision and development of the adjacent unplotted land. Access from the stub street shall be remitted only along the frontage of such street to the lots in the subdivision containing the stub street. A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future. (effective 12/6/03)
Subdivider - The owner of record at the time of filing of an approved subdivision plan. Not necessarily the owner of record at the time of application or approval.
Subdivision, Resubdivision - The definitions of "Subdivision" and "Resubdivision" shall be as defined in Section 8-18 of the Connecticut General Statutes, as amended. "Subdivision" means 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, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation, or agricultural purposes, and includes resubdivision. "Resubdivision" means a change in a map of an approved or recorded subdivision or resubdivision if such change (a) affects any street layout shown on such map, (b) affects any area reserved thereon for public use or (c) 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.
The following clarifications are offered to the above definition:
A. Subdivision Regulations first adopted May 1, 1949.
B. "Parcel or "tract" means as on record on May 1, 1949.
C. Division, when a subdivision or resubdivision, as defined above, runs with the land and not with any individual owner.
D. Placement of deed restrictions on property necessary to prove "conservation" use.
E. "Agricultural use" must be permitted by zoning and approved by the Assessor in accordance with Section 12-107c of the Connecticut General Statues, as amended, in order to be exempt from Subdivision Regulations.
F. Please note that Section "C" under the definition of "resubdivision" requires that an additional building lot be created in order to constitute a "resubdivision". Transfers of land between and among property owners can be made without Planning and Zoning Commission approval providing that the following conditions are met:
i. Street layout not affected
ii. Area reserved for public use not affected
iii. Remaining land meets applicable Zoning Regulations
iv. Remaining land contains sufficient buildable area to contain house, well and septic system (if applicable)
v. Correcting map filed in Town Clerk's office, which makes reference to original map
Town - The Town of East Hampton, Connecticut
Town Council - The East Hampton Town Council as outlined in Chapter II of the East Hampton Town Charter, effective November 6, 1973, amended November 6, 1987.
Town Manager - The chief executive officer of the Town as outlined in Chapter III of the East Hampton Town Charter, as amended.
Town Road –
A. Any road listed on the map entitled "Town Roads, Town of East Hampton, Connecticut", prepared by the Connecticut Department of Transportation, as may be amended from time to time.
B. Any historic road which the Town Council determines is a Town Road.
C. A road accepted as a Town Road by Town Council action.
Town Roads, Categories -
A. Impassable - A road determined to be a Town Road under 40B or 40C above which is not passable to ordinary passenger vehicles at certain times of the year.
B. Unimproved - A road shown on the above map or a road determined to be a Town Road under 40B or 40C above which is passable at all times but lacks paved surface as specified in Town of East Hampton Road Standards, as amended.
C. Semi-Improved - A road shown on the above map or a road determined to be a Town Road under 40B or 40C above which is passable at all times, has a wearing surface somewhat in compliance with Town of East Hampton Road Standards, as amended, but does not substantially conform to the requirements of these regulations for new improved roads.
D. Improved Road - A road shown on the above map or a road determined to be a Town Road under 40B or 40C above which substantially complies with the requirements of these regulations for new improved roads.
E. New Improved Road - A road installed for a subdivider in conformance with these regulations.
Use - The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended.
Zoning Enforcement Officer (ZEO) - The Commission's Zoning Enforcement Officer.
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