CHAPTER XI _ MISCELLANEOUS PROVISIONS
SECTION 1. TREES, SOIL REMOVAL AND ROADS
a) For the purpose of enhancement of property values and for erosion control, the preservation and protection of shade trees throughout the subdivision shall be encouraged, except where they interfere with roads and utilities.
b) Approval of a subdivision by the Commission shall not constitute approval of the removal of soil, topsoil or other excavated material from the premises other than that from the road area, and then only to the depths shown on the approved plan.
c) The land located within a subdivision shall be properly graded and left in a condition which will be free of rubble and debris, and property stabilized to eliminate erosion. Stumps, logs, construction materials, and other debris shall only be buried on site in locations designated on the approved subdivision plans, and in compliance with all applicable Town and State laws and regulations.
d) The Commission may require that street trees be planted on both sides of any street to be dedicated to the Town. Trees shall be spaced approximately fifty (50') feet apart subject to the variations made necessary by driveways, street corners and walks, and shall be located a minimum of ten (10') feet from the street line. Trees to be planted shall be 2 1/2" to 3 1/2" in caliper or larger, and shall have a minimum height of eight (8') feet. The kind of tree shall be subject to the approval of the Commission who shall not approve low branching trees, trees which are disease bearing or cause damage to sewers, or trees which create a traffic hazard. Where the tree may interfere with utility poles and wires, the Commission may permit the location of required trees within the
front ten (10') feet of the proposed lots. Existing trees along the proposed street which conform to these requirements may be substituted for new trees. Specimen or historic trees located within the right_of_way of any existing Town street shall not be removed without the prior approval of the Commission.
SECTION 2. PEDESTRIAN WALKWAYS/BIKEWAYS
In areas where the proposed street system does not conform to the anticipated pattern of pedestrian circulation, particularly in the area of existing or proposed parks, playgrounds, or open spaces, the Commission may require the dedication and construction of separate pedestrian walkways or bikeways on public easements no less than fifteen (15') feet in width.
SECTION 3. 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 resubdivision of land without approval of the Commission shall be liable to a fine of Five Hundred ($500.00) 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 Willington Land Records.
SECTION 4. SPECIFICATIONS
Whenever the terms "Standard Specifications", "Road Specifications of the Town of Willington," or other similar terms are employed in these Regulations, it shall refer to "Town of Willington, Connection, Standard Details" and the State of Connecticut Department of Transportation Standard Form specifications, as the same may be amended from time to time. All construction shall be done in accordance with such specifications. In cases of inconsistency or ambiguity, the Town Engineer shall determine the applicable specifications in accordance with the purpose and spirit of these Regulations.
SECTION 5. AMENDMENTS
These Regulations may be amended by the Commission in accordance with the procedures set forth in Section 8_25 of the Connecticut General Statutes.
SECTION 6. VALIDITY
Should any section or provision of the Regulations contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Regulations as a whole or any part thereof other than the part so declared to be invalid.
SECTION 7. ENACTING CLAUSE, SHORT TITLE AND REPEAL
The Willington Planning and Zoning Commission acting under authority of the General Statutes of the State of Connecticut, hereby adopts and enacts these Regulations as the "Subdivision Regulations of the Town of Willington". The provisions of the Subdivision Regulations heretofore in force and any amendments thereof, so far as they are the same as in these Regulations, are to be deemed continued and not as new enactments. Any and all provisions of said Regulations as originally enacted which are inconsistent with the provisions of these Regulations are hereby repealed, but this shall not affect any violations thereof already existing or any penalty incurred and the same may be prosecuted as if these Regulations had not been adopted.
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