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The Connecticut General Statutes define a “subdivision” as the division of a tract or parcel of land into three (3) or more parts or lots made subsequent to the adoption of subdivision regulations.
The Town of Canton subdivision regulations were adopted on July 3, 1957. Any parcel of land that has not been divided since this date and which can be divided in a manner that results in a lot that otherwise complies with the Town’s Zoning requirements may be eligible for a “free cut”. A “free cut” is the ability to create a lot without the need for a formal application and approval by the Planning and Zoning Commission.
Before a “free cut” can be created/ recorded, the Town requires that any proposed free split must be reviewed by Town Staff in order to insure compliance with the town’s regulations. A Zoning Compliance Review requires a fee of $110.00.
How do I confirm I can make a “free cut”?
All requests for the determination of eligibility for a free cut without subdivision (or resubdivision) approval must be submitted to the Land Use Office for review with the following information:
1. A completed application form for a zoning permit.
2. The required review fee of $110.00 check made payable to the Town of Canton.
3. An affidavit prepared by an Attorney or professional surveyor licensed in the State of Connecticut) that sets forth the legal rationale as to the specific circumstances which allow either the free cut or the eligibility of the property as a building lot including the deed history of the subject property from 1957 to the present.
4. Two (2) paper prints drawn to a class A-2 Survey standards and which include all of the information necessary to demonstrate compliance with the Town of Canton zoning regulations.
5. Upon the review of the above referenced information, the Zoning Enforcement Officer (ZEO) may either: deny the request, request that the plans are revised/modified, or approve the proposed plans. The ZEO, in making a determination, may, in his sole discretion, seek the advice and consultation of individuals including, but not limited to, the Town Attorney, Town Planner, and/or other appropriate Town Staff.
6. In the case of a denial of a request, that applicant may have the right to appeal the decision to the Zoning Board of Appeals for further consideration. (See ZBA Information)
7. In the case where the ZEO requests the submission of modified plans, the applicant shall submit a revised set of two (2) paper prints drawn to a class A-2 Survey standards that address the concerns raised by the ZEO and consulting Town Staff to the Land Use Office for an additional review.
8. When the plans are approved the Land Use Office will contact the property owner to request that one (1) mylar plan and two (2) paper plans are prepared for submission.
9. The applicant is required to file the approved A-2 survey mylar and a legal description of the property on the Land Records.
10. The Town will keep one (1) of the paper plans for recording in the file.
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