(A) Filing of property data map:
(1) Every subdivider shall file with the commission 2 prints of the property data map, prior to filing an application for the conditional approval of the preliminary plan. Property data maps shall conform to the provisions of § 151.06 (A).
(2) Following the filing of the property data map and prior to the preparation of the preliminary plan, the subdivider shall ascertain from the commission those elements and conditions which should be taken into consideration in the design of the subdivision. These shall include any features of the master plan for the town and its amendments, or of any plans of the commission, including but not limited to proposed streets, recreation areas, drainage reservations, shopping centers and school sites.
(B) Filing and approval of preliminary plan:
(1) Written application shall be made to the clerk of the commission on a form supplied by him on or before the first of the month during which the application is to be acted upon by the commission. There shall be a fee of $10 accompanying the application.
(2) A minimum of 6 prints of the preliminary plan and supplementary data shall be submitted to the commission together with the written application for conditional approval. Preliminary plans shall comply with the provisions of § 151.06 (B).
(3) The clerk of the commission shall, upon receipt of the plans, check the plans to ascertain that they comply with these regulations and the zoning regulations.
(4) Approval of other departments is necessary before action can be taken by the commission:
(a) Approval of the proposed methods of sanitary sewage disposal shall be expressed in writing by the director of health.
(b) Approval of the engineering design of the street and drainage system shall be expressed in writing by the director of public works and engineering.
(5) When a subdivision plan abuts a state highway, the clerk of the commission shall, within 3 days of the receipt of application for subdivision approval, transmit the plans and all appurtenant data to the state highway commissioner for consideration and recommendation before action is taken by the commission. If no recommendation is received within 14 days, the commission shall assume that there are no objections to the plan.
(6) When a subdivision plan abuts a town boundary, the clerk of the commission shall, within 3 days of the receipt of application for subdivision approval, transmit the plans and all appurtenant data to the head of the government of the adjoining town for consideration and recommendation before action is taken by the commission. If no recommendation is received within 30 days, the commission shall assume that there are no objections to the plan.
(7) The commission shall act on the application for approval of the preliminary plan forthwith except that if it fails to act within 60 days its approval shall be assumed.
(a) If it approves the preliminary plan the commission shall express such approval as conditional approval and shall notify the subdivider and the department of public works and engineering of the approval.
(b) In the event of disapproval, the commission shall notify the subdivider in writing, not more than 10 days following, of its action and its reason therefor.
(8) Conditional approval of a preliminary plan shall not constitute approval of the record subdivision plan, but shall be deemed as an expression of approval of the layout submitted as a guide to the preparation of the record subdivision plan.
(C) Agreement and performance bond requirements:
(1) The subdivider shall, after conditional approval is granted to the subdivider, sign an agreement prepared by the commission containing all phases of improvement to be effected by the subdivider. The registered engineer or land surveyor certifying to the plans submitted to the commission shall make an estimate of the cost of all the required improvements and submit such estimate to the clerk of the commission. Upon approval of this estimate, the subdivider shall be so notified and will submit an approved performance bond in an amount equal to the approved estimate.
(2) The subdivider shall have the full responsibility for design and construction of adequate drainage systems and streets, and for the acquisition of rights-of-way as shown on the record subdivision plan or as are necessary for the protection of third parties or for the access to the subdivision.
(3) The subdivider shall provide for the design and con struct all facilities such as roads and sewers, etc., shown on the record subdivision plan or as are necessary for access to such subdivision or for the protection of the right of third parties.
(D) Filing and approval of the record subdivision plan:
(1) Record subdivision plans shall comply with the pro visions of § 151.06 (C) of these regulations, and shall be in substantial conformity with the preliminary plan, as approved. A record subdivision plan may consist of a portion of the approved preliminary plan, if desired.
(2) Application for the approval of the record subdivision plan shall be submitted in writing to the commission within 6 months after approval of the preliminary plan; otherwise such approval shall become null and void unless an extension of time is applied for in writing and granted by the commission:
(a) The application shall be accompanied by a minimum of 7 copies of each drawing comprising the record sub division plan, of which 2 copies shall be on linen, and other exhibits required for approval.
(b) The commission shall act upon the application forthwith, except that if it fails to act within 60 days its approval shall be presumed.
(c) The approval of the commission shall be noted on all copies of each drawing comprising the record subdivision plan. The 2 linen prints shall be signed, with one retained by the commission and the other by the town clerk, the distribution of the other 5 prints with the approval noted thereon shall be: one copy each to the department of public works and engineering, the department of public health, the building department, fire department and to the subdivider.
(d) The commission may, if it deems necessary, hold a public hearing on a record subdivision plan, after due notice in a daily newspaper published in the vicinity, which notice shall be published at least 5 days prior to the hearing. At this hearing, the subdivider or his agent and all other parties whose interest may be affected by the proposed subdivision shall be heard.
(e) In the event of disapproval the commission will notify the subdivider of its reasons therefor in writing not more than 10 days following such action.
(E) Record filing. The record subdivision plan must be filed in the office of the town clerk within 3 months after the date of final approval by the commission, with such filing contingent upon fulfillment of all related legal requirements. An extension of time for a period not exceeding one year may be granted by the commission upon application by the subdivider.
(F) Completion. The subdivider shall construct all streets, curbs and sewers as provided in the subdivision agreement prior to the sale of any lot within such subdivision unless the contract for sale expressly prohibits the occupancy of such premises at a time prior to the completion of the streets, curbs and sewers. Sidewalks shall be installed within the time limited by the terms of the agreement for completion of the subdivision, which shall not exceed 2 years.