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Building on Lots Which Abut Unaccepted Streets or Highways

Adopted November 24, 1969
 

Section 1.         No Certificate of Registration, Certificate of Approval, or Certificate of Occupancy as required by the Zoning Regulations of the Town of Bolton or the Building Code of the State of Connecticut shall be issued and no building or structure shall be erected on a lot abutting on an unaccepted street or highway except as hereinafter provided.

 

Section 2.         The Planning Commission of the Town of Bolton may permit and authorize the issuance of a Certificate of Registration, Certificate of Approval, or Certificate of Occupancy on a lot which does not abut on an accepted street or highway provided the following conditions have been met:

 

1.                  The applicant or holder of the Certificate of Registration, Certificate of Approval, or Certificate of Occupancy has deposited with the Planning Commission of the Town of Bolton a surety bond or equivalent, with adequate guarantee sufficient to cover the cost of all required street or highway improvements as determined by the Planning Commission.


2.                  No Certificate of Approval or Certificate of Occupancy shall be issued unless at least one street leading from a town accepted street or highway or a state highway to the building or dwelling has been brought up to the approved rough coat or hard top base and the street drainage system is in operable condition satisfactory to the Planning Commission.

 

Section 3.         It shall be the responsibility of the applicant or holder of the Certificate of Registration, Certificate of Approval, or Certificate of Occupancy to repair any damage to abutting town streets, curbs or surface water drains that may be caused as a result of the development of the lot or building.  This responsibility shall remain with the applicant or holder until the surety bond is released.

 

Section 4.         The surety bond shall be released only when all of the required improvements for the street or highway have been completed to the satisfaction of the Planning Commission.

 

Section 5.         The Planning Commission of the Town of Bolton may also permit the issuance of a Certificate of Registration, Certificate of Approval or Certificate of Occupancy on a lot which does not abut an accepted street provided:

 

1.                  The issuance of the Certificate shall be in harmony with the general purpose and intent of the zoning and subdivision regulations, with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of this ordinance would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured; and


2.                  Whereas said Commission finds it is not desirable or feasible to lay out a public highway abutting the tract upon which the building is proposed to be built, because of undue hardship or the impracticability or impossibility of providing a fifty-foot public highway to the lot upon which the building is proposed to be erected.

 

Section 6.         A building erected in violation of this ordinance shall be deemed to be an unlawful structure and the Town, through the zoning agent appointed by the Bolton Zoning Commission, may bring an action to enjoin the erection of said structure or cause it to be vacated or removed.

 

Section 7.         Any person, firm or corporation erecting a building or structure in violation of this ordinance shall be fined not more than $200.00 for each building or structure so erected in addition to the relief herein granted to the Town under Section 6 of this ordinance.

 

Section 8.         All ordinances and regulations and parts of ordinances and regulations in conflict with this ordinance are hereby repealed and this ordinance shall be in full force and effect upon its adoption.

 

Section 9.         Should any section, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall be determined to be valid.

 

Amended Ordinance Adopted November 24, 1969
Adopted on March 27, 1972

Published on April 5, 1972
Effective Date:  April 20, 1972

 

1.         The ordinance regulating construction of buildings on lots which abut unaccepted streets or highways, adopted November 24, 1969, is hereby amended by adding the following provision:

 

“This ordinance shall not prevent the issuance of a Certificate of Registration or a Certificate of Approval for the construction of a farm or accessory building, and addition or alterations of any building or structure which are not in violation of the Zoning Regulations of the Town of Bolton.”

 

2.         The effective date of this amendment to ordinance shall be fifteen (15) days after publication in a newspaper having a general circulation in the Town of Bolton in accord with Section 7-157 of the General Statutes as amended.