Resubdivision Bond - Killingworth, CT in Connecticut

Brief Summary

A Killingworth resubdivision is bonded under the same rules as a new subdivision, so no lot can be sold or built on until the performance bond is posted. Lining up the surety before the Commission issues its decision keeps lot sales on schedule.

In Killingworth, a resubdivision is a change to an approved or recorded subdivision map that affects a road layout or an area reserved for public use, or that shrinks a lot and creates an additional building lot, once any lot on the map has been conveyed. The Subdivision Regulations define subdivision to include resubdivision, so the bond rules in Section 485-26 apply. The amount is set by the Town Engineer and approved by the Planning and Zoning Commission.

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How to Apply for a Resubdivision Bond:

• Confirm the map change is a resubdivision under the Section 485-5 definition.
• Obtain Planning and Zoning Commission approval and the memorandum of decision stating the bond amount and type.
• Get the performance bond amount set by the Town Engineer and approved by the Commission.
• Post the erosion and sedimentation control bond before any work begins.
• Post the performance bond before any lot is sold, offered for sale or used for building.
• Keep the maintenance bond in force for one year after the Town accepts the road.

Detailed Information About the Connecticut Resubdivision Bond:

First, is it a resubdivision?

Section 485-5 of the Killingworth Subdivision Regulations defines a resubdivision as a change in a map of an approved or recorded subdivision if the change affects any road layout shown on the map, affects any area reserved on it for public use, or diminishes the size of any lot and creates an additional building lot, if any of the lots have been conveyed after the map was approved or recorded. The same section defines subdivision to include resubdivision, so a resubdivision goes through the subdivision bonding rules. Map changes that do not meet the definition are handled separately under Section 485-60.

How the bond is set

Under Section 485-26, the performance bond amount is determined by the Town Engineer and approved by the Commission, and the bonds are furnished in the form, amount and duration the Commission sets. The amount and duration are subject to annual review. The Commission's memorandum of decision states the amount and type of bond required. Accepted forms include cash, passbook or savings account assignments, letters of credit and other bonds, subject to Commission acceptance.

Timing is what trips people up

No work may be performed until an erosion and sedimentation control bond is posted. No lot may be sold, offered for sale or used for building until the performance bond is posted. Each bond stays in force until the work it secures is complete, and a maintenance bond stays in effect for one year after final acceptance of the road. All work must be completed within five years of approval. If lots were sold and work is unfinished, the Commission may call the bond to complete the improvements serving those lots.

Getting the bond released

The applicant certifies completion to the Zoning Enforcement Officer, who reports to the Commission. Under Section 485-30, the Commission must act on a request for full or partial release within 65 days, either releasing the bond or giving a written list of what remains. Unpaid inspection fees may be deducted before release. Confirm the bond form and amount with the Killingworth Planning and Zoning Commission before the bond is issued.

Eligibility and Requirements for a Connecticut Resubdivision Bond:

• Town of Killingworth named as obligee, with the bond accepted by the Planning and Zoning Commission.
• Amount determined by the Town Engineer and approved by the Commission, subject to annual review.
• Institutions issuing a passbook or letter of credit must have offices in Connecticut.
• Work completed within five years of approval.
• For phased projects, each phase is treated as a separate subdivision for surety purposes, and a road over 1,000 feet built in stages must be bonded in full.

Connecticut Resubdivision Bond FAQs:

Official and Additional Resources for the Connecticut Resubdivision Bond: