Subdivision Regulations (PDF)

TOWN OF WATERFORD 
CONNECTICUT 
 
SUBDIVISION REGULATIONS 
 
Revised Through Effective Date: April 5, 2018 
 
Last Comprehensive Review of the Subdivision Regulations: April 5, 2018 
First Subdivision Regulations Effective:  May 4, 1948 
 
The Town of Waterford Zoning Commission was created on June 3, 1939  
The Planning & Zoning Commission was created on November 15, 1951 
 
The Planning and Zoning Commission 
Joseph Bunkley, Chairman 
Susan Stott, Secretary 
John Bashaw 
Gregory Massad 
Joseph DiBuono 
 
Alternates: 
Edwin J. Maguire 
 
Staff 
Abby Piersall, AICP       Planning Director 
Mark Wujtewicz           Planner 
Maureen FitzGerald     Environmental Planner 
Thomas Lane 
Zoning Official 
Dawn Choisy 
Recording Secretary 

 
 
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Town of Waterford, CT 
                                                                    
 
          
Contents 
SECTION 1 – DEFINITIONS …………………………………………………………………………………………………………………… 2 
SECTION 2 – PRELIMINARY SUBDIVISION PLAN …………………………………………………………………………………… 9 
SECTION 3 – SUBDIVISION APPLICATION PROCEDURES ……………………………………………………………………… 10     
SECTION 4 – FINAL PLAN REQUIREMENTS …………………………………………………………………………………………. 16 
SECTION 5 – DESIGN REQUIREMENTS ……………………………………………………………………………………………….. 18 
SECTION 6 – IMPROVEMENTS ……………………………………………………………………………………………………………  40 
SECTION 7 – CLUSTER SUBDIVISION …………………………………………………………………………………………………..  48 
SECTION 8 – AMENDMENTS, VALIDITY, EFFECTIVE DATE …………………………………………………………………..   52 
 
               
 
Appendix A – Application Checklists 
 
Appendix B – Application Form for Subdivision         
 
Appendix C – Notice of Conditional Approval    
 
Appendix D – Street Trees         
 
Appendix E – Declaration of Maintenance Obligations 
 
Appendix F – Roadway Cross-Section Details  
 
Appendix G – Stormwater Facility Design Guidelines 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
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Town of Waterford, CT 
SECTION I - DEFINITIONS       
 
ACRE shall be forty thousand (40,000) square feet.   
 
AMENDED SUBDIVISION shall mean any change in a property line or improvement shown on a 
Subdivision or Re-subdivision map which has been approved and filed with the Town Clerk 
pursuant to these Regulations, other than a new subdivision or a re-subdivision. 
 
APPLICATION shall mean the maps, prescribed forms, and fees duly and correctly completed for 
final subdivision approval as required by these Regulations and submitted to the Planning and 
Zoning Commission. 
 
APPLICANT shall mean the party, whether a property owner or any person or entity acting as an 
agent for the property owner, applying for permits or other approval required by these 
regulations. 
 
ARCHAEOLOGICAL RESOURCE shall mean a type of Cultural Resource consisting of prehistoric 
and historic remains of human activity, whether objects, structures or sites. 
 
BUILDING shall mean any structure having a roof and intended for the shelter, housing, or 
enclosure of persons, animals, or materials. Any other structure more than six (6) feet high shall 
be considered as a building, including a solid fence or wall, but excluding an electric 
transmission line or an electric light, telephone or telegraph pole, radio or TV antenna, highway 
or railroad bridge, or flagpole. 
 
BUILDING PERMIT CERTIFICATE OF COMPLIANCE shall mean that certification of zoning 
compliance issued by the Zoning Enforcement Officer prior to the issuance of a Building Permit 
by the Building Official, as required by Connecticut General Statutes Section 8-3(f). 
 
CERTIFICATION shall mean a signed, written approval by the Commission that a soil erosion and 
sediment control plan complies with the applicable requirements of these regulations.  
 
C.G.S. shall mean the Connecticut General Statutes. 
 
COMMISSION shall mean the Waterford Planning and Zoning Commission. 
 
CONSERVATION AREAS shall mean lands possessing or contributing to: significant geologic, 
cultural or archaeological features, important wildlife and/ or ecological habitats, forest, 
grassland, or wetland cover types, important agricultural soils, floodplains and floodways, 
coastal / marine resources and habitats, surface water and groundwater quality protection, and 
preservation and enhancement of the diversity and richness of natural communities. 
           

 
 
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Town of Waterford, CT 
CONSERVATION COMMISSION shall mean the Conservation Commission of the Town of 
Waterford as established in accordance with and pursuant to Chapter 2.52 of the Waterford 
Code of Ordinances and Chapter 5.3 of the Charter of the Town of Waterford as revised.  
 
CULTURAL RESOURCE shall mean any location, landscape feature, or object of past human 
activity, identifiable through inventory, historical documentation, or oral evidence that 
represents history, lore, or identity deemed valuable to the community because of a significant 
historical event, aesthetic or scenic character, and/or sentiment that extends over generations 
of inhabitants.  
                  
CUL-DE-SAC shall mean a street or a portion of a street with only one (1) vehicular outlet to a 
through street, whose primary function is to provide access to abutting property, and which 
may be referred to as a dead-end street. 
                  
DATE OF RECEIPT shall mean the date of the Commission's next regularly scheduled meeting 
immediately following submission of an application, or thirty-five days after submission, 
whichever is sooner. 
 
DEVELOPMENT shall mean any construction or grading activities to improved or unimproved 
real property, and includes but is not limited to the installation of required improvements and 
the disturbance of land related to the construction of a structure, installation of appurtenant 
utilities, operation or storage of equipment, installation of new infrastructure, and access from 
the existing or proposed public right of way.   
 
DISTURBED AREA means an area where the ground cover is destroyed or removed, leaving the 
land subject to accelerated erosion.  
 
DWELLING UNIT means a building or portion thereof, designated as the residence of one family 
or individual with suitable approved provisions for eating, sleeping, cooking, and sanitation. 
 
EASEMENT shall mean a right of use for a specific purpose or purposes which one person or 
agency may have in a designated portion of land of another. 
 
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, 
ice or gravity. 
                                            
FINAL SUBDIVISION PLAN shall mean the plan containing all of the specifications and 
requirements of Section 4 of these Regulations. 
 
FINAL APPROVAL shall mean all the following: 
             
A. Vote of the Commission to approve or to modify and approve the plan of subdivision. 
B. Posting of a bond to cover the cost of subdivision improvements and erosion and 
sedimentation control measures unless such improvements have been completed by 

 
 
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Town of Waterford, CT 
the applicant, unless no lots are to be sold in accordance with Section 6.13 of these 
Regulations. 
C. Endorsement of approval by the Chairman or Secretary of the Commission on a mylar 
copy of the plan of subdivision that meets the requirements of Connecticut General 
Statutes Section 7-31 for filing with the Town Clerk and on a mylar copy and eight (8) 
white print paper copies of the plan for use by the Commission and other municipal 
agencies, all of such copies to be furnished by the applicant. The applicant shall also 
provide an electronic copy of the plan in PDF format and one of the following formats: 
Raster Image Files including but not limited to JPEG, TIFF, and BMP. 
D. Submission of all data required by the Commission as a condition of approval, such as 
but not limited to, deeds, covenants and restrictions, revised plans, and homeowners 
association bylaws. Any conveyance to the Town shall be accompanied by a current 
Certificate of Title, prepared by an attorney admitted to the bar of the State of 
Connecticut, and certifying that such conveyance is free and clear of, or subordinated 
to, any mortgage, lien, restriction, or other encumbrance. 
 
FLARED-END SECTION shall mean the prefabricated, flared end attached at the inlet and outlet 
to prevent erosion in a drainage system. 
 
FRONTAGE shall mean the boundary of a lot abutting and having permitted vehicular access to 
a public street.  
            
GRADING shall mean any excavating, grubbing, filling (including hydraulic fill), or stockpiling of 
earth materials or any combination thereof, including the land in its excavated or filled 
condition.  
 
GROUNDWATER shall mean waters flowing through earth materials in a saturated zone 
beneath the ground surface. 
 
IMPERVIOUS SURFACE shall mean any hard surface that prevents water from absorbing into the 
ground, such as rooftops, roadways, or compacted surfaces. 
 
INSPECTION shall mean the periodic review of site work, stormwater control, and sediment and 
erosion control measures shown on the certified plan.   
 
LOT shall mean a plot or parcel of land occupied or capable of being occupied by one principal 
building(s) and accessory buildings as specified under the Zoning Regulations.    
 
LOT, FLAG shall mean a type of lot that has the following characteristics: 
 
A. Smaller street frontage than what is typically required in a zoning district;   
B. The smaller frontage generally serves as the access point for the lot, which continues as 
a long driveway (the “pole of the flag”); 

 
 
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Town of Waterford, CT 
C. The long driveway leads to lot that opens to a wider area capable of supporting the 
development of a house in accordance with the setbacks and other requirements of the 
Zoning Regulations. 
 
LOW IMPACT DEVELOPMENT (LID) shall mean a site planning and design strategy intended to 
maintain or replicate predevelopment hydrology through the use of site planning, source 
control, and small-scale practices integrated throughout the site to prevent, infiltrate and 
manage runoff as close to its source as possible. 
 
MAXIMUM EXTENT PRACTICABLE shall mean a measure of performance where: (1) all 
reasonable efforts have been made to meet a standard of these regulations in accordance with 
current local, state, and federal regulations; (2) a complete evaluation of all possible 
management measures has been performed; and (3) if full compliance cannot be achieved, the 
highest practicable level of management is being implemented.  
 
OPEN SPACE shall mean land set aside for conservation or recreation purposes.                  
 
OVERFLOW WEIR shall mean a small dam commonly used in stormwater basins as an outfall 
control structure.  
 
PERMEABLE shall mean any surface that allows water to absorb into the ground. 
 
PERPETUITY shall mean of an indefinite duration. 
 
PLAN OF PRESERVATION, CONSERVATION AND DEVELOPMENT (POCD) shall mean the Town of 
Waterford’s most recently adopted community wide plan as required by Connecticut General 
Statutes Sec 8-23. 
 
PLANNING OFFICE shall mean the Town of Waterford Department of Planning & Development  
 
PIPE OUTLET shall mean an intentionally designed opening in a pipe that permits escape or 
release of liquid, etc. 
 
RECHARGE shall mean the process by which water moves from sources above ground, into the 
subsurface environment, and adds to the groundwater supply.  This process may happen 
naturally or may be engineered through the management of stormwater and wastewater. 
 
RECREATION, ACTIVE shall mean activities engaged in for the purpose of relaxation, health and 
wellbeing, or enjoyment with the primary activity requiring physical exertion, and the primary 
focus on human activity. Such activities generally occur in areas that are intensively used and 
include but are not limited to playgrounds, ball courts, golf courses, and swimming pools. 
 
RECREATION, PASSIVE shall mean activities engaged in for the purpose of relaxation, health and 
wellbeing, or enjoyment with the primary activity requiring limited or no physical exertion. Such 

 
 
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Town of Waterford, CT 
activities can occur in areas that are intensively used or areas that are seldom used and include 
but are not limited to walking trails, picnic areas, or posts set for resting, enjoying views, bird 
watching and similar activities. 
 
REGULATIONS shall mean the Subdivision Regulations of the Town of Waterford, unless 
otherwise specified. 
 
RESERVED AREAS shall mean sections of land reserved for future street connections, public 
facilities, foot paths, access ways or open space. 
 
RESUBDIVISION shall mean a change in the 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. 
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 a map. 
 
RIGHT OF WAY shall mean a portion of land between property lines upon which a street, path, 
driveway, utility lines, or other improvements are built or reserved for future use.  A right of 
way may be held under private or public ownership depending on its intended purpose. 
 
RIGHT OF WAY WIDTH (STREET) shall mean the distance between property lines measured at 
right angles to the direction of the centerline of the street. 
 
RIP-RAP shall mean the rock or other material used to armor shorelines, streambeds, bridge 
abutments, pilings and other shoreline structures against scour, water or ice erosion. 
 
RUNOFF shall mean the draining away of water, and substances carried in it, from the surface 
of an area of land, a building or structure, etc. 
 
SEDIMENT shall mean solid material, either mineral or organic, that is in suspension, is 
transported, or has been moved from its site of origin by erosion. 
 
SEDIMENTATION shall mean the process of forming and depositing suspended matter carried in 
suspension in water through the action of gravity. It is usually accomplished when the velocity 
of water is below the point where it can transport the suspended material. 
 
SHEET FLOW shall mean any form of unconfined runoff that occurs over a broad, expansive 
area, where a significant part of runoff is not conveyed in a single, well-defined channel. 
 
SOIL shall mean any unconsolidated mineral or organic material of any origin.                                           
 

 
 
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Town of Waterford, CT 
SOIL EROSION AND SEDIMENT CONTROL PLAN shall mean a scheme that minimizes soil erosion 
and sedimentation resulting from development and includes, but is not limited to, a map and 
narrative and conforms to the Connecticut General Statutes and the Waterford Zoning 
Regulations. 
 
STORMWATER shall mean water resulting from rain or snowmelt that runs off surfaces such as 
rooftops, paved streets, highways, parking lots and landscapes.  
 
STORMWATER MANAGEMENT FACILITY shall mean a structural or landscaped component of 
any system designed to control or manage the path, storage, or rate of release of stormwater 
runoff and/or provide water quality treatment for stormwater.           
 
STREET, ARTERIAL shall mean a major thoroughfare whose main function is to carry large 
volumes of traffic between major points.  Arterials are designated in the Community Facilities 
Element of the Plan of Preservation, Conservation and Development. 
 
STREET, COLLECTOR shall mean a street whose primary function is to carry moderate traffic 
volumes between local streets and arterial streets. It may also provide access to abutting 
properties.  Collectors are designated in the Community Facilities Element of the Plan of 
Preservation, Conservation and Development.                               
 
STREET, LOCAL ACCESS shall mean a street whose primary function is to provide access to 
abutting properties.  For the purpose of these Regulations, a local access street is any street 
other than an arterial or collector street as defined above, and includes cul-de-sacs. 
 
STREETS shall include roads, avenues, boulevards, lanes or other vehicular ways, unless 
specifically specified as a Local Access Street, a Collector Street, or an Arterial Street as defined 
in this section.  It shall mean a public way accepted by the Town of Waterford or the State of 
Connecticut, or a street in an approved subdivision, but shall not include private rights of way. 
         
STREET RIGHT OF WAY shall mean that portion of land between property lines over which a 
public road is built and the adjacent area reserved for future widening and improvements. 
 
STRUCTURE shall mean anything constructed or erected, the use of which requires i) location 
on, in, or under the ground or water; or ii) attachment to something having location on the 
ground or water including, but not necessarily limited to, buildings and other structures, fabric 
covered frame enclosures, swimming pools, tennis courts, towers, paddle or platform tennis 
courts, docks, balconies, open entries, porches, decks, handicap ramps, signs, permanent 
awnings, gas or liquid storage tanks that are principally above ground, ground-mounted 
antennas, ground-mounted solar panels or satellite dishes, and fences or walls more than six 
feet in height. 
 
SUBDIVISION shall mean the division of a tract or parcel of land into three or more parcels or 
lots for the purpose, whether immediate or future, of sale or building development, expressly 

 
 
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Town of Waterford, CT 
excluding development for municipal, conservation or agricultural purposes and includes 
resubdivision.                 
 
SUBDIVISION, CLUSTER shall mean a residential development project permitted under the 
Subdivision Regulations that is designed and constructed to incorporate larger tracts of open 
space than what is required for conventional subdivisions, thereby providing greater protection 
to natural resources and/or providing greater opportunity for recreation.  Larger tracts of open 
space are incorporated into these development projects primarily by reducing the dimensional 
requirements imposed in that zoning district (e.g., lot size, setbacks) thereby reducing the 
overall footprint of development.                                
 
SUBDIVISION, CONVENTIONAL shall mean a residential development project permitted under 
the Subdivision Regulations that is designed and constructed in compliance with the 
dimensional requirements of the zoning district in which it lies.                                   
 
SWALE shall mean a depression created in the ground designed to carry water by gravity away 
from a structure or property.   
 
TOPSOIL shall mean arable earth materials, including loam, that constitute the surface layer of 
the earth suitable for growing vegetation and supporting subsurface ecological systems due to 
the amount of organic matter and moisture therein. 
 
TOWN shall mean the Town of Waterford. 
 
TOWN STANDARD DETAILS shall mean specifications provided by the Director of Public Works 
or Utility Commission for the installation of infrastructure and public improvements.  
 
TURF shall mean grass and the topsoil held together by its roots. 
 
WATERCOURSES shall be as defined in the Waterford Inland Wetlands and Watercourses 
Regulations. 
 
WETLANDS shall be as defined in the Waterford Inland Wetlands and Watercourses 
Regulations. 
 
 
 
 

 
 
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Town of Waterford, CT 
SECTION 2 – PRELIMINARY SUBDIVISION PLAN 
 
2.1 
PURPOSE_AND_PROCEDURE – The purpose of a preliminary subdivision plan is to 
provide an opportunity for both staff and potential applicants to review the proposal's 
compliance with the requirements of the subdivision regulations.  Submittal of a 
preliminary subdivision plan is not required but is strongly recommended. Such reviews 
are primarily design oriented and all efforts must be made to create a proposal that 
meets not only the letter, but the intent, of the Subdivision Regulations. 
 
Preliminary subdivision plans provide the Commission's staff and potential applicants 
with an opportunity to review the design's compliance with the Subdivision Regulations 
before potential applicants incur engineering, application, and legal costs in conjunction 
with a formal application.  Preliminary reviews can point out potential areas of conflict 
that can be addressed through redesign at an early stage, thus simplifying the process 
during formal review with the Commission. 
 
Before preparing a detailed subdivision plan for formal presentation to the Commission, 
potential applicants should provide a preliminary subdivision plan to the Commission's 
agent for review.  These plans will also be referred to various Town departments for 
their review and comment.  Review meetings can be scheduled with the Commission's 
agent upon request by contacting the Planning Office. 
 
Preliminary plans have no official status and staff review with regard to their feasibility 
in no way implies approval of the final subdivision plan.  No fee or application form is 
required for review of a preliminary subdivision plan.  Questions involving 
interpretations of the regulations may be presented to the Commission if such conflicts 
have substantial impact on the preliminary design.  In all cases, subdivisions shall be 
designed with respect to the parcel's unique characteristics and the capacity of the land 
to accommodate the design proposed. 
 
2.2 
CONTENTS – The preliminary subdivision plan, if submitted, shall be drawn to scale and 
shall contain the information required as part of the Preliminary Plan Checklist in 
Appendix A. 
 
 
 
 
 

 
 
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Town of Waterford, CT 
SECTION 3 – SUBDIVISION APPLICATION PROCEDURES 
 
3.1 
PURPOSE – The purpose of this section is to provide predictable, lawful, and clear 
procedures for the review of subdivision applications in the Town of Waterford.  These 
procedures are designed to demonstrate compliance with all development standards 
found within these subdivisions regulations through the provision of plans and 
information to the Commission, and, within the framework set by state law, to provide 
the Commission with procedures for reviewing applications for subdivisions, discussing 
applications within a public setting, and rendering decisions. 
 
3.2 
CONTACT COMMISSION – All applications for a subdivision shall be submitted to the 
Planning Office.  Applications shall be received at the next regularly scheduled meeting 
of the Commission immediately following the date of submission or 35 days after 
submission whichever occurs first.   
 
3.3 
REVIEWS BY THE WATERFORD CONSERVATION COMMISSION 
 
3.3.1  
Plans Including Regulated Wetlands/Watercourses – If an application includes 
land defined as an inland wetland or watercourse under the provisions of 
Chapter 440 of the Connecticut General Statutes or contains upland review 
areas as defined in the Town of Waterford Inland Wetland and Watercourse 
Regulations, the applicant shall submit an application to the Waterford 
Conservation Commission (the inland wetlands regulatory agency for the Town 
of Waterford) no later than the day the application is filed for the subdivision 
or resubdivision with the Commission.  For purposes of this section, no 
application for subdivision or resubdivision which requires an Inland Wetlands 
Permit as determined by the Conservation Commission or its agent shall be 
approved by the Commission without an Inland Wetlands Permit.    
 
Applications received without proof of submittal to the Conservation 
Commission for an Inland Wetlands Permit may be determined to be 
incomplete and may be denied.  Withdrawal or denial of an Inland Wetlands 
Permit application while a concurrent application is pending before the 
Planning & Zoning Commission may be considered reason for denial of the 
application.  When such conflicts arise, applicants should withdraw the 
application.   
 
3.3.2  
All Subdivision Plans – The Commission shall provide a copy of the received 
application to the Conservation Commission and request that the Conservation 
Commission evaluate the application for consistency with environmental, open 
space and recreational goals identified in the POCD.   The Commission shall 
consider the Conservation Commission’s report in taking final action.  
 

 
 
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Town of Waterford, CT 
3.4 
SUBMISSION OF PLAN, APPLICATION AND FEE – The plan shall be submitted with an 
application in the form prescribed in Appendix B of these Regulations with the 
application fee.  For those subdivisions located fully or partially within the coastal 
boundary as defined by CGS 22a-94 and as delineated on the Coastal Boundary Map for 
the Town of Waterford which are subject to a Coastal Site Plan Review pursuant to 
Connecticut General Statutes Section 22a-105 through 22a-109, the subdivision plan 
submitted shall in addition include an application for a Coastal Site Plan Review.  Fees 
for subdivision applications and Coastal Site Plan Reviews are listed in the Waterford 
Code of Ordinances Chapter 16.08, as amended.   In the case of a resubdivision, the fee 
or fees shall apply only to those lots proposed for change by the subdivision.  The plan 
submitted shall be the plan upon which action is taken by the Commission.  
Modifications to the plan may be made by the applicant or by action of the Commission 
to approve a subdivision plan. 
 
3.5 
HEARING – The Commission may hold a public hearing regarding any subdivision 
proposal within sixty-five (65) days of the date of receipt thereof if, in its judgment, the 
specific circumstances require such action.  No plan of resubdivision shall be approved 
by the Commission without a public hearing.  Notice of the hearing shall be published in 
a newspaper of general circulation in the Town at least twice (2) at intervals of not less 
than two (2) days, the first not more than fifteen (15) days, nor less than ten (10) days, 
and the last not less than two (2) days prior to the date of such hearing, excluding the 
date of the hearing and the date of publication; and by sending a copy thereof by 
registered or certified mail to the applicant. 
 
Additional public notice shall be provided for subdivision applications for which a public 
hearing is to be held, as follows:  The applicant shall provide a list of property owners 
within 100 feet including names of all property owners, street address per the 
Assessor's map, and Assessor's map(s) and parcel number(s) for each property.  Such list 
shall be provided at the time of application submission.  Such notice shall be made by 
the applicant or his agent by contacting all property owners within 100 feet or less of 
the parcel to be subdivided.  Such mailing shall be sent to at least one owner of each 
such property not more than 15 days nor less than 10 days before the date set for the 
public hearing, by transmitting the text of the public hearing notice as provided by the 
Commission or its agent. Evidence of such mailing, in the form of United States Post 
Office Certificates of Mailing, shall be submitted to the Planning & Zoning Commission 
office not less than 5 calendar days prior to the hearing date.  Failure to provide notice 
as required herein may result in denial of the application. 
 
3.6 
REFERRAL TO REGIONAL PLANNING AGENCY – When a subdivision is proposed that will 
abut or include land in a neighboring municipality the Commission shall, before 
approving the plan of subdivision, submit a copy of the plan to the Southeastern 
Connecticut Council of Governments.  The Agency shall, within thirty (30) days, report to 
the Commission and the applicant its findings on the inter-municipal aspects of the 
proposed subdivision.  Such report shall be purely advisory and the failure of the Agency 

 
 
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Town of Waterford, CT 
to submit a report within thirty (30) days after transmittal shall imply that the Agency 
does not disapprove of the proposed subdivision.  
 
3.7 
VOTE BY THE COMMISSION – The Commission shall approve, modify and approve, or 
disapprove any subdivision application or maps 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 receipt thereof, provided, however, an extension of time 
not to exceed a further period of sixty-five (65) days for all time periods, cumulatively, 
may be had with the consent of the applicant.  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 by its secretary or clerk, under the 
secretary or clerk’s r signature within fifteen (15) days after such decision has been 
rendered.   
 
3.8 
POSTING OF BOND – Prior to sale of any lots in the subdivision, the Commission shall 
require the applicant to post a performance bond in an amount and with surety and 
conditions satisfactory to it securing to the municipality the actual construction and 
installation of all improvements as required by Section 6 and measures for erosion and 
sedimentation control as required by Section 4.3 of these Regulations which have not 
been completed by the applicant.  The amount of the performance bond shall be 
determined by the Commission after consultation with the Director of Public Works and 
the Utility Commission, as appropriate. The Planning and Zoning Commission shall not 
accept insurance bonds. Release of bonds and acceptance of improvements shall be 
governed by sections 6.14 and 6.15 of these Regulations.  
 
3.9  
CONDITIONAL APPROVAL – The Commission may allow the conditional endorsement of 
the approved subdivision plan to be filed prior to the submission of a performance 
bond.  The plans shall have a signature block for the Chairman to endorse the 
conditional approval.  The signature block shall be located below a notation which reads 
in bold print:  "This subdivision has been conditionally approved.  No transfer of title for 
any lot shall occur until the required improvements have been completed and final 
approval has been granted or upon the provision of a performance bond in accordance 
with these regulations ($1,000.00 penalty per lot)." 
 
Above the required note shall be a blank space measuring 3" high by 5" wide for the 
final plan endorsement.  The endorsement of this block shall constitute release of 
conditional approval and final plan approval.  Prior to the filing of a subdivision plan 
conditionally approved, an erosion control and site restoration bond shall be submitted 
to the Commission.  The bond shall be at least 10% of the total performance bond 
estimate and shall ensure compliance with the certified erosion control plan, and to 
allow for site restoration.  Notice of conditional approval shall be posted in the land 
evidence records by the use of the form in Appendix C of these Regulations.   
 

 
 
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Town of Waterford, CT 
3.10 
ENDORSEMENT OF THE PLAN – If the Commission votes to approve a plan or modify and 
approve a plan, its approval with the date thereof, together with a statement of any 
modifications applying to such approval, shall be endorsed and signed by the Chairman 
or Secretary of the Commission.   Prior to endorsement, the Applicant shall provide two 
paper copies and one PDF copy of the plan to the Planning Office to serve as check 
prints. Other supporting electronic files shall be provided in accordance with the 
checklist requirements in Appendix A.  These check prints shall be reviewed 
administratively to confirm that any conditions of approval have been met. Upon 
satisfactory review of the check prints, the Applicant shall provide one mylar copy and 
eight (8) white print paper copies with space provided for endorsement. Any lot not 
approved for building purposes shall be so marked on the plan prior to endorsement. 
Such endorsement shall occur, and the applicant notified, as follows: 
 
3.10.1 
Not more than thirty (30) days after the time for taking an appeal from the 
action of the Commission has elapsed; or not more than thirty (30) days after 
the date that plans modified in accordance with the Commission’s approval 
and that comply with Connecticut General Statutes Section 7-31 are delivered 
to the Commission, whichever is later. 
3.10.2 
In the event of an appeal prior to endorsement, the Commission endorsement 
shall occur not more than thirty (30) days after the termination of such appeal 
by dismissal, settlement, withdrawal, or judgment in favor of the applicant, or 
not more than thirty (30) days after the date that plans modified in accordance 
with the Commission’s approval and that comply with Connecticut General 
Statutes Section 7-31 are delivered to the Commission, whichever is later.  
 
No such plan shall be recorded or filed in the Office of the Town Clerk until its approval 
has been endorsed thereon by the chairman or secretary of the Commission, and the 
filing or recording of a subdivision plan without such approval shall be void. At such 
time as the Commission Chairman or Secretary endorse the Final Subdivision Plan in 
accordance with the preceding paragraph, the Commission shall cause the applicant to 
be notified, by certified mail, that such endorsement has occurred.  Such notice shall 
constitute "delivery" for the purposes of Connecticut General Statutes Section 8-25. 
 
3.11 
FILING THE PLAN – The endorsed mylar of the Final Subdivision Plan shall be filed by the 
applicant in the Office of the Town Clerk and any plan not so filed within ninety (90) 
days following the date of the Commission's vote to approve the subdivision or within 
ninety (90)days of the date upon which such plan is taken as approved by reason of the 
failure of the Commission to act, shall become null and void, except that the 
Commission may extend the time for such filing for two additional periods of ninety (90) 
days and the plan shall remain valid until the expiration of such extended time. 
 
3.12 
ALTERATION OF FINAL SUBDIVISION PLAN PRIOR TO FILING WITH TOWN CLERK – No 
Final Subdivision Plan may be altered without approval from the Planning and Zoning 
Commission. If the Final Subdivision Plan is altered, changed, erased or revised in any 

 
 
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Town of Waterford, CT 
way between the time the Commission's approval is endorsed thereon and the time the 
Plan is filed with the Town Clerk, the modification shall be void unless the alteration has 
been approved by the Commission and so indicated on the Plan. 
 
3.13 
ALTERATION OF FINAL SUBDIVISION PLAN AFTER FILING WITH TOWN CLERK – If the 
Final Subdivision Plan is altered, changed, erased, or revised in any way after the time 
the Plan is filed with the Town Clerk, the modification shall be void unless the Amended 
Subdivision has been approved by the Commission and a new Final Plan endorsed and 
filed with the Town Clerk. 
 
3.14 
AMENDMENT OF AN APPROVED SUBDIVISION – Amendments to an approved 
subdivision may be approved through a Zoning Compliance Permit when one or more of 
the following conditions are met and the amendments do not require resubdivision 
pursuant to Connecticut General Statutes: 
  
3.14.1  Lot Line Revisions where no more than two lot lines are revised.  
3.14.2  Corrections of clerical errors.  
3.14.3 
Minor modifications to proposed improvements not in areas reserved for 
public use, provided that the modifications do not adversely affect adjacent 
properties, stormwater management features, or otherwise impair public 
health, safety or welfare.  
 
 
 
Where amendments to an approved subdivision do not meet the above criteria for 
administrative approval, the Commission may approve an amended subdivision upon 
request of the Applicant.  All provisions of the original approved subdivision or re-
subdivision shall be complied with, except as specifically approved by the Commission.  
No amended subdivision shall be deemed final until an endorsed Final Subdivision Plan 
has been filed in the Office of the Town Clerk.  The Commission shall hold a public 
hearing when reviewing proposed amendments meeting the definition of resubdivision.  
 
3.15 
COMPLETION OF WORK – Any person, firm or corporation making any subdivision of 
land shall complete all work in connection with such subdivision within five years after 
the approval of the plan for such subdivision; the Commission's endorsement of 
approval on the plan shall state the date on which such five year period expires. For 
purposes of this section, the term "work" shall mean all physical improvements required 
by the approval plan, other than staking out lots, and includes but is not limited to the 
construction of roads, storm drainage facilities and water and sewer lines, the setting 
aside of open space and recreation areas, installation of telephone and electric services, 
planting of trees and other landscaping, and installation of retaining walls or other 
structures. 
 
3.16 
PENALTY FOR FAILURE TO COMPLY – In accordance with Connecticut General Statutes 
Section 8-25, any person, firm, corporation, partnership or association making the 
subdivision or re-subdivision of land without approval of the Commission shall be liable 

 
 
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Town of Waterford, CT 
to a fine of One Thousand ($1,000.00.) Dollars for each lot sold or offered for sale.  In 
the event that any subdivider shall violate these Regulations, or the conditions or 
requirements of any subdivision approved hereunder, the Commission may, following a 
public hearing with notice by certified mail to the violator, void, in whole or in part, any 
such subdivision approval, and may cause notice thereof to be filed in the Land Records. 
 
3.17 
EXTENSION OF TIME – In accordance with Connecticut General Statues Section 8-26c, 
the Commission may grant extensions of time for the Applicant or Applicant’s designee 
to complete all public improvements, such extensions of time not to exceed an 
additional five (5) years.  In determining whether to grant such extensions of time, or 
the length of each such extension of time, the Commission shall consider: 
 
3.17.1   The number of dwellings or other buildings occupied in the subdivision and 
served by such public improvements.   As the occupancy of a subdivision 
increases, the need for the completion and acceptance of the improvements 
also increases. 
3.17.2  The extent to which public improvements are incomplete and the amount of 
work required for final completion.  The more work that remains to be done, 
the more time is appropriate and, conversely, the less work that remains to be 
done, the more feasible it is for the subdivider to finish the work and have the 
public improvement accepted. 
3.17.3  The length of time that the public improvements have been at their current 
stage of completion. To the extent that the subdivider is not diligently working 
to complete public improvements, a shorter period of extension is appropriate. 
3.17.4  The overall condition of access roads and other public improvements that are 
necessary for emergency services, resident access, visitor access, and other 
vehicles and pedestrians. To the extent that public improvements are difficult 
or inconvenient to use, a shorter period of extension is appropriate. 
3.17.5  Changes in the zoning or subdivision regulations, or in applicable State laws, 
that render the subdivision noncompliant with current standards of public 
health, safety, welfare, environmental protection, coastal area management. 
3.17.6 
Other matters that the Commission may lawfully consider when acting on 
subdivision applications. 
 
 
 
 
 

 
 
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Town of Waterford, CT 
SECTION 4 – FINAL PLAN REQUIREMENTS                           
 
4.1  
CONTENTS – An applicant for subdivision shall submit Final Plan materials in accordance 
with the application checklists attached as Appendix A to these regulations.  These 
checklists are designed to provide information required by the Commission in order to 
determine compliance with the design standards within these regulations and render a 
decision.  These plans include: 
 
4.1.1 
Context Plan – The purpose of this plan is to provide the geographic and 
planning context of the property and the surrounding environs.   
4.1.2 
Existing Conditions Plan – The purpose of this plan is to provide a 
comprehensive inventory of the physical opportunities and constraints on the 
property. Conditions beyond the property boundaries may be described on the 
basis of existing published data available from governmental agencies, and 
from aerial photographs.  
4.1.3 
Proposed Subdivision Plan Set – The purpose of this plan is to provide a fully 
engineered subdivision design that meets the design requirements of these 
regulations. Lot sizes and other bulk requirements shall be in accordance with 
Section 3.16 of the Zoning Regulations. The Commission shall review the plan 
to assess its accuracy, conformance with municipal regulations, and likely 
impact upon the natural and cultural resources on the property. 
4.1.4 
Supplementary Information – The purpose of this submittal is to provide 
narrative information or other documentation that substantiates the 
information on site plans. 
4.1.5 
Supporting Materials – The purpose of this submittal is to ensure the Town has 
information regarding other permits, utilities, encumbrances, and similar 
issues.  
 
4.2 
THIRD PARTY PEER REVIEW – Pursuant to the Waterford Code of Ordinance Chapter 
16.08, the Commission may require third party peer review for conventional or cluster 
subdivisions in accordance with the following conditions: 
 
4.2.1 
The Commission shall require third party peer review for any proposed 
subdivision that will require site disturbance of more than ten (10) acres.  This 
peer review shall include a review of the design and viability of the stormwater 
management system, the provision of access to the Town for enforcement or 
repair related to project infrastructure, and compliance with all applicable local 
regulations.   
4.2.2 
The Commission may require third party peer review for projects that disturb 
fewer than ten (10) acres, but have the potential to adversely impact municipal 
infrastructure, adjacent properties, require significant regrading of existing 
topography, or that may create hazardous conditions during or after 
construction. 

 
 
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Town of Waterford, CT 
4.2.3 
The Commission may waive the requirement for third party peer review where 
there will clearly be no adverse impact to municipal infrastructure, and where 
site conditions do not require significant regrading of existing topography. 
 
4.3 
EROSION & SEDIMENT CONTROL PLANS AND NARRATIVE – In order to minimize the 
erosion of topsoil and the depositing of sediments in drainage structures and 
watercourses in the Town of Waterford, the Commission shall require that plans for the 
subdivision of land include measures the applicant will take to control erosion and 
sedimentation during the construction of the subdivision and to prevent its occurrence 
after completion of the subdivision.  This requirement shall apply to both standard and 
cluster subdivisions.  Erosion and Sediment Control measures shall be in conformance 
with all applicable provisions of the Town of Waterford Zoning Regulations.  
                                       
 
 

 
 
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Town of Waterford, CT 
SECTION 5 – DESIGN REQUIREMENTS 
 
5.1 
GENERAL CONSIDERATIONS – Land to be subdivided shall be of such character that it 
can be used for building purposes without danger to health and public safety.  Every 
effort shall be made to locate streets, building lots and open space in a manner that 
avoids sensitive resources, reduces disturbance and associated impacts, and manages 
construction and post-construction impacts.  To the extent possible, development shall 
be compatible with the landscape and existing cultural and archaeological resources, 
resulting in a minimum disturbance of the natural terrain and vegetation. 
 
5.2 
LAND SUBJECT TO FLOODING – In areas contiguous to water bodies subject to flooding, 
including tidal flooding, proper provisions shall be made for protective flood control 
measures.  Such land as identified on Flood Insurance Rate Maps and in the Flood 
Insurance Study as amended shall not be subdivided unless the following conditions are 
met: 
 
5.2.1 
Water supply and sewage disposal systems shall be designed and located so as 
to avoid impairment or contamination from flooding, erosion or related 
circumstances. 
5.2.2 
All utilities shall be located and constructed to minimize or eliminate flood 
damage. 
5.2.3 
Drainage systems shall be designed to reduce exposure to flood hazards. 
5.2.4 
The Applicant shall demonstrate that proposed development conforms to all 
applicable FEMA requirements. 
5.2.5 
The Applicant shall demonstrate that proposed development meets the 
requirements of section 25.3 of the Waterford Zoning Regulations.  
 
5.3 
LOTS       
 
5.3.1 
Lot Sizes – All lots in proposed subdivisions shall conform to the requirements 
of the Zoning Regulations, except that the Commission may require larger lots 
if needed to conform to state or local health requirements and Section 3.34 of 
the Zoning Regulations. 
 
5.3.2 
Frontage – All lots shall have frontage on an approved street consistent with 
the Zoning Regulations of the Town of Waterford. Access to a lot shall be taken 
across the frontage of the lot except lots fronting on arterial roads and in the 
case where the Commission determines that a combined drive serving two lots 
will reduce traffic conflicts or reduce environmental impacts. In subdivisions 
which include or abut arterial streets, the layout of lots shall avoid having lot 
frontages on the arterial street, unless provisions are made for frontage 
improvements that control noise and limit access to a level of safety equivalent 
to a public road intersection with an arterial road as prescribed in Section 5.6. 
                            

 
 
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Town of Waterford, CT 
5.3.3 
Side Lot Lines – Wherever possible, side lot lines shall be at right angles to the 
road and radial to curves. The width of the lot shall not be reduced below the 
minimum frontage required from the front property line to the building line. 
 
5.3.4 
Minimum Square – Each lot shall be capable of containing a square, each of 
whose side dimensions shall be equal to the minimum lot width required in the 
zone in which it is located. The minimum square shall be located at the building 
line. The minimum buildable square, as required in Section 3.34 of the Zoning 
Regulations, shall be located within the minimum square.  (See illustration). 
 
 
 
MINIMUM SQUARE REQUIREMENT ALLOWS FLEXIBILITY IN 
FRONTAGE REQUIREMENTS AND RESULTS IN MORE UNIFORM 
LOT AREAS AT THE SAME RELATIVE DENSITY 
 
5.3.5 
Lots On Slopes – In the case of lots on land sloping more than ten (10) percent, 
the Commission shall require that the construction plan, as required pursuant 
to the Application Checklists of these Regulations, shall show the location of 
the proposed principal building, driveway, and sewerage leaching field, if any. 
Wherever possible, the first floor elevation of a principal structure shall be 
higher than the grade of the road on which it fronts.      
 
5.3.6   All Land to Be in Lots – No land owned by the subdivider adjacent to the 
subdivision shall be withheld by the subdivider which is not capable of 
satisfactory independent subdivision into lots of the size specified.  Nor shall 
there be any fragment of a lot or remainder in the subdivision area of less size 
than specified for lot dimensions.  Fragments and remainders must be 
incorporated into full size lots complying with all provisions of these 
Regulations and the Zoning Regulations. 
 
5.3.7 
No Unapproved Lots – No lot, regardless of size, which is rendered useless for 
building due to utility easements, right-of-way, watercourses, topography, or 

 
 
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Town of Waterford, CT 
lack of compliance with the Public Health Code or Section 3.34 (Lot Design 
Standards) of the Town of Waterford Zoning Regulations shall be shown as 
building lots on any subdivision.  Such property shall be included in adjoining 
lots or Open Space. 
 
5.3.8  
Flag Lots – No more than twenty percent (20%) of any subdivision lots shall be 
flag lots.  No more than one (1) lot may be located between the flag lot and the 
street from which the lot is accessed. Flag lots shall not be permitted within 
Cluster Subdivisions. 
 
5.4 
OPEN SPACE 
 
5.4.1 
General Requirements – The Commission shall consider significant and 
sensitive natural characteristics, archaeological and cultural resources of the 
property when identifying meaningful and appropriate open space lands. The 
Commission may require open space for active recreation when it finds that 
active recreation is consistent with the POCD, with particular attention to open 
space recommendations in the Open Space and Recreation or Community 
Facilities element of the POCD. For subdivisions containing 15 lots or more, the 
Commission shall require active open space to be provided in addition to the 
minimum open space requirement below. When required, active open space 
area shall be calculated as no less than 10% of the minimum open space 
required.  
 
5.4.2 
Minimum Requirement – In a conventional subdivision, at least 25% of the 
gross area of the subdivision shall be set aside and dedicated in perpetuity as 
open space and recreation area. The Commission may accept additional open 
space in order to protect important resources identified on the Existing 
Conditions Plan pursuant to the checklists found in Appendix A. Stormwater 
manageme