Under § 25-102d of the Connecticut General Statutes,
the Conservation District is established for the enjoyment of present
and future generations of Connecticut citizens, to preserve the unique
scenic, ecological, scientific and historic values which the Lower
Connecticut River contributes for public enjoyment, inspiration, and
scientific study, and to prevent deterioration of the natural or traditional
river scene.
A. No activity regulated under Article
14 shall commence prior to the issuance of a permit and no such permit shall be granted unless the Commission finds that the proposed activity is compatible with the preservation of the natural or traditional river scene and consistent with the purposes of Chapter 477A of the Connecticut General Statutes.
In addition to the requirements of Article
15, Floodplain District, no grading, excavation, deposition, construction, noncommercial cutting or alteration is permitted within a land buffer zone 100 feet wide adjoining tidal wetlands until there is first submitted to the Zoning Enforcement Officer a site plan showing the details of the proposed development and including soil erosion and sedimentation control measures and a noncommercial cutting plan, with other information as may reasonably be required. No permit for such operations shall be granted unless the plan shall clearly show that the proposed development will not cause any filling in of the tidal wetlands.
A. Required vegetative buffer. There shall be no cutting of vegetation
within a strip of land extending 50 feet in horizontal distance inland
from the high tide line, as defined in the Connecticut General Statutes,
of the Connecticut River or any of its tributaries or associated wetlands,
except as provided in this section.
(1)
There shall be no clear-cut openings, and a well-distributed
stand of trees and other vegetation, including existing ground cover,
shall be maintained. Existing vegetation less than three feet in height
and other ground cover shall not be removed except to provide for
a footpath or other permitted uses. Pruning of tree branches on the
bottom third of trees is permitted. Fields which have reverted primarily
to shrubs, trees or other woody vegetation shall be regulated under
the provisions of this section. Cleared openings legally in existence
on the effective date of these regulations may be maintained but shall
not be enlarged.
(2)
There shall be no timber harvesting within the buffer area except
to remove safety hazards. When removal of storm-damaged, diseased,
unsafe or dead trees results in the creation of cleared openings,
these openings shall be replanted with native tree species unless
existing new tree growth is present. Prior to cutting of diseased
or damaged trees, a determination about the conditions of such trees
shall be made by the Zoning Enforcement Officer upon review of a letter
stating the necessity of such action submitted to the Zoning Enforcement
Officer by a public or consulting forester.
(3)
In no event shall an opening be cleared for development, including
but not limited to surface regrading, stormwater drainage structures,
construction of retention walls, construction of principal or accessory
structures, driveway construction, sewage disposal areas, and lawns
and gardens.
(4)
A footpath not to exceed five feet in width is permitted provided
that a cleared line of sight to the water through the buffer strip
is not created.
(5)
Stairs or similar structures may be allowed with a permit from
the Zoning Enforcement Officer to provide shoreline access in areas
of steep slopes or unstable soils, provided that the structure is
limited to a maximum of five feet in width and does not extend below
or over the high tide line of the Connecticut River or its tributaries
or the upland edge of a wetland and the applicant demonstrates that
no reasonable access alternative exists on the property.
(6)
A vegetated buffer shall not be required for areas within the
Conservation District which have been mapped and designated by the
Planning and Zoning Commission as "developed areas." In such developed
areas, property owners are encouraged, where feasible, to maintain
a vegetated area of trees and shrubs immediately adjacent to the water
to avoid erosion and enhance the scenic quality of the river scene.
For purposes of this section, a developed area is an area adjacent
to the Connecticut River or its tributaries and associated wetlands
within the fifty-foot area immediately landward of the high tide line,
as defined in Connecticut General Statutes § 22a-359(c),
which has been developed in the sense of being armored through the
use of bulkheads, riprap or other structural stabilization methods
or materials. The fifty-foot buffer area may also be considered as
"developed" if clearing or construction activities such as paving
have occurred in such a manner so as to make the retention or replacement
of vegetation within said fifty-foot area impractical, infeasible
or undesirable. Every portion of the buffer area shall be considered
on its own merits, even within the confines of a single lot or parcel.
If only a part of the buffer has been developed, the vegetated buffer
shall be required for the remaining undeveloped part. For purposes
of this definition, an existing lawn shall be considered as a developed
area.
A special permit is required for all construction, reconstruction,
enlargement, or structural alterations of principal and accessory
residential structures which result in one or more buildings or structures
having a combined total floor area in excess of 4,000 square feet
(all floors). The purpose of this requirement is to assure that large-scale
residential structures and significant site modifications located
within the Conservation District will not cause deterioration of the
natural and traditional river scene.
A. Exception. A special permit shall not be required for residential
structures over 4,000 square feet in total floor area under this section
if it can be demonstrated by the applicant that the proposed structure
or structures will not be visible from the Connecticut River, Lords
Cove, Whalebone Creek, Selden Creek, Selden Cove, and Hamburg Cove.
Demonstration that a structure will not be visible from the Connecticut
River shall consist of an area topographic map showing that there
is intervening ground between the house and the water at an elevation
at least 35 feet above ground elevation of the proposed structure.
B. Submission. In addition to other Town requirements for special permit
applications, the applicant will provide site plans and building elevations
prepared by an architect and/or landscape architect which show information
on existing and proposed topography, building design and height measurements,
proposed grading, including cuts, fills and retaining walls, any required
buffer area, proposed landscaping and plans for access to the waterfront,
if applicable.
C. Special permit criteria.
(1)
Proposed site development shall maintain the essential natural
characteristics of the site, such as major landforms, natural vegetative
and wildlife communities, hydrologic features, scenic qualities and
open space that contributes to a sense of place.
(2)
Structures shall be adapted to the existing terrain, rather
than altering the earth form to create a platformed development site.
(3)
Structures located above the crest of hillsides facing the river
shall be held back from the crest of the hill to maintain a clear
sense of the hillside brow in its natural condition.
(4)
Vertical architecture elements shall not be overemphasized in
a manner which disrupts the natural silhouette of the hillside. Structures
shall be designed so that the slope angle of the roof pitch is generally
at or below the angle of the natural hillside or manufactured slope.
(5)
Building forms shall be scaled to the particular environmental
setting to avoid excessively massive forms that fail to enhance the
hillside character. Massing of structural elements such as large roof
areas shall be broken up to approximate natural slopes.
(6)
Rooflines shall relate to the slope and topography. Rooftop
treatment shall be designed to avoid monotony of materials, forms
and colors. Dark-colored roof treatments, which reduce visual impact
of the structure on the landscape, are preferred.
(7)
Site design shall preserve the existing natural landscape where
possible and include new landscaping which is compatible with existing
natural vegetation and the scenic character of the area and increases
visual buffering between the building and the river or its tributaries
within the Conservation District.
(8)
Development shall be located so as to minimize disturbance of
sensitive areas. The smallest practical area of land should be exposed
at any one time during development and the length of exposure should
be kept to the shortest practical time. Disturbed areas shall be replanted
with trees, shrubs and ground cover which are compatible with existing
vegetation.
(9)
Site grading shall avoid straight and unnatural slope faces.
Cut and fill slopes shall have curved configurations to reflect as
closely as possible the forms and shapes of surrounding topography.
At intersections of manufactured and natural slopes, abrupt angular
intersections should be avoided and contours should be curved to blend
with the natural slope.
D. Findings. A special permit shall not be granted until the Commission
has determined that all of the following conditions have been satisfied:
(1)
Proposed structures and site work have been designed to fit
the hillside rather than altering the hillside to fit the structure
and site design.
(2)
Disturbance to existing topographic forms is minimized and proposed
grading and excavation will not result in soil erosion and silting
of lower slopes.
(3)
The proposed development retains or enhances the visual character
of the site and the area by utilizing proper structural scale and
character, varied architectural treatments and appropriate plant material
to buffer the mass of the building from the river or its tributaries
in the Conservation District.
(4)
The proposed design preserves or enhances significant natural
features and maintains or restores the natural and traditional character
of the river scene.
Within the Conservation Zone the removal of soil and earth materials
is prohibited except for the following activities:
A. Valid nonconforming uses in existence as of May 14, 1974.
B. Foundation, trench and related site excavation performed after the
issuance of a building permit.
C. Filling, removal of excavation in connection with the landscaping
and grading of land for a purpose for which a building permit, site
plan or special permit is not required, provided that such filling,
removal, or excavation shall not exceed 300 cubic yards of material.
Within the Conservation Zone no new public solid waste facility
shall be established nor shall an existing facility be expanded in
area.
Within the Conservation Zone the burning of undergrowth shall
be in accordance with those regulations of the Connecticut Department
of Energy and Environmental Protection which are in effect from time
to time to control and abate air pollution and in accordance with
all other applicable provisions of law.
Within the Conservation Zone no commercial cutting of timber shall occur without a permit issued by the Lyme Zoning Enforcement Officer. After submission of a commercial cutting plan to the Zoning Enforcement Officer, a permit shall be granted if it is found to be consistent with the minimum standards set forth in Article
17.