Declaration of policy.
It is declared to be the policy of the Town Planning and Zoning Commission to consider land subdivisions as living parts of the community and as part of a plan for the orderly development and growth of the Town of Stratford rather than as mere isolated aggregations of lots. In order that land subdivisions may be made in the best interests of the Town and in accordance with this policy and in order that adequate provisions may be made for the proper arrangement and development of streets, for open spaces, for recreation, light and air, for the avoidance of undue density of population, for access of fire-fighting apparatus to property and for proper drainage and sewerage facilities, these regulations are hereby adopted.
Approval required.
No subdivision of land shall hereafter be made unless the same shall have been submitted to and approved by the Town Planning and Zoning Commission.
Statutory penalty.
Whoever, being the owner or agent of the owner of any land located within the jurisdiction of the Town Planning and Zoning Commission, shall transfer or sell any land by reference to or exhibition of or by other use of a plat of a subdivision before such plat has been approved by the Town Planning and Zoning Commission and recorded or filed in the office of the Town Clerk shall be fined not more than $200 for each lot so transferred or sold, and the description of such lot by metes and bounds, or by courses and distances, in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The Town Planning and Zoning Commission may enjoin such transfer or sale.
Authority to waive requirements.
The Planning and Zoning Commission shall be the only agency permitted to waive any requirement of these regulations.
A. The Commission may waive requirements under these regulations by a 3/4 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, provided that the waiver is sought under one or more of the conditions contained in these regulations. No waiver shall be granted that will have a significant adverse effect on adjacent property or on public health and safety. The Commission shall state upon its records the reasons for which a waiver is granted.
B. Conditions for waiver:
(1) The Commission may waive requirements of these regulations upon request of the applicant or upon initiation by the Commission where, owing to conditions especially affecting the subject land, a literal enforcement of these regulations would result in a practical difficulty in its development, so that substantial justice will be done and the intent of these regulations secured. Conditions under which waivers may be considered shall be limited to the following:
(a) Topographic or geologic features, making compliance with design standards as set forth in these regulations impractical.
(b) Size and shape of the property, making compliance with design standards set forth in these regulations impractical.
(c) Inability of public utilities to provide service.
(2) In no case shall a waiver be granted without the Commission first receiving a report from the Town Engineer.
