In order to eliminate conflict or misunderstanding during the
subdivision application process, potential applicants are encouraged
to submit a preliminary plan to the Commission for informal review.
The objective of this review is to ensure that basic requirements
can be met, prior to incurring application costs, including surveying,
engineering and legal fees associated with submission of a formal
application. The Commission may also schedule a field visit to the
site of the proposed development as part of its preliminary review.
Preliminary plans have no official status. Review in regard to their
feasibility in no way implies approval of the formal subdivision plan.
No fee or application form is required for review of a preliminary
subdivision plan. Such preapplication review and any results or information
obtained from it may not be appealed under any provision of the Connecticut
General Statutes and shall not be binding on the applicant or Commission
or any official having jurisdiction to review the proposed project.
A.
Submission of preliminary plan. Any potential applicant may submit
a preliminary plan for consideration. At least seven copies of the
preliminary plan shall be submitted to the Enforcement Officer at
least 14 days prior to a regular meeting of the Commission to allow
for placement on the next meeting agenda. The applicant or an authorized
representative of the applicant shall attend the meeting of the Commission
to discuss the preliminary plan.
B.
Contents of preliminary plan. A preliminary plan shall show sufficient
information to enable the Commission to make a general planning review
under the standards of these regulations. The preliminary plan, at
a scale no greater than one inch equals 100 feet, should generally
show proposed lots, easements, roads, open spaces, drainage, contours
at ten-foot intervals, utilities, location map, and other information
pertinent to the subdivision. Concept sketches showing other alternative
layouts may also be submitted.
All applications for subdivision or resubdivision, together
with maps, reports, legal documents, and any other information required
under Article 4 of these regulations, shall be submitted by mail or
by hand to the Enforcement Officer in the Lyme Town Hall. An application
will be considered complete when an application form, fee, maps and
other materials conforming substantially to the requirements of Article
4 have been received. In order to receive prompt consideration of
an application, the complete application shall be submitted no later
than 14 days prior to a Commission meeting in order to allow sufficient
time for staff review, and so that the application may be placed on
the agenda of the meeting. Incomplete applications shall be received
by the Commission, but failure to submit a complete application may
be cause for disapproval of an application.
In accordance with Connecticut General Statutes § 8-7d(c),
the date of receipt of a petition, application or request shall be
the day of the next regularly scheduled meeting of the Commission
immediately following the day of submission to the Commission or its
agent of such petition, application or request or 35 days after such
submission, whichever is sooner. In the event that Commission or its
agent is unavailable to receive the petition, application or request,
the office of the Clerk of the Town shall act as the agent of the
Commission for receipt of any petition, application or request.
As part of application review, the Commission or its duly authorized
representative or representatives may inspect the subdivision site
to review the suitability of the site and the accuracy of all official
submissions. Submission of a formal application confers the right
of the Commission or its designated agent to visit the site.
In accordance with § 8-26 of the Connecticut General
Statutes, when the Commission finds that extraordinary hardships or
practical difficulties may result from compliance with these regulations,
the Commission may, by a three-fourths vote of all members, approve
waivers to these Subdivision Regulations, provided that such waivers
shall not conflict with the intent and purposes of these regulations.
(Zoning regulations will not be waived under this section.) The Commission
shall state upon its records the reason for which a waiver is granted
in each case.
A.
Findings. The Commission shall not approve a waiver unless it finds
the following in each specific case:
(1)
The granting of a waiver will not have a significant adverse
impact on adjacent property or on public health and safety;
(2)
The conditions upon which the request for a waiver are based
are unique to the proposed subdivision for which the waiver is sought
and are not applicable generally to other potential subdivisions;
and
(3)
The waiver will not create a conflict with the provisions of
the Zoning Regulations, the Town Plan of Conservation and Development,
Town ordinances, or regulations of other Town boards and commissions.
B.
A request for any such waiver should be presented in writing by the
applicant at the time when the subdivision application is first submitted.
The request shall state how the proposed waiver meets the requirements
stated above. Any waiver granted shall not be a precedent for any
future waiver, and the Commission may attach any reasonable condition
to the grant of the waiver.
All subdivision applications shall be submitted to the Lyme
Inland Wetlands and Watercourses Agency for determination as to applicability
under Chapter 440 of the Connecticut General Statutes, When an application
for a proposed subdivision or resubdivision involves land regulated
as an inland wetlands or watercourse, the applicant shall file an
application with the Lyme Inland Wetlands and Watercourses Agency
no later than the day the formal application is submitted to the Planning
and Zoning Commission. The Planning and Zoning Commission shall not
render a decision on the subdivision application until the Inland
Wetlands and Watercourses Agency has submitted a report with its final
decision to the Planning and Zoning Commission. In making its decision,
the Planning and Zoning Commission shall give due consideration to
the report of the Inland Wetlands and Watercourses Agency.
A.
The Commission shall transmit copies of maps, plans and documents
to other officials and agencies where required and where appropriate,
such as, but not limited to, the following, for advisory reports and
consultation and/or for approval as may be required by law:
(1)
Commission's engineer: maps and plans, with particular regard
to street design, storm drainage and other utility systems.
(2)
Commission's attorney: bonds, easements, deeds and agreements.
(3)
Public Health Department: sanitation reports, maps and plans,
with particular regard to on-site water supply and sewage disposal
systems.
(4)
State Department of Transportation: maps and plans, with particular
regard to street and utility connections with state highways.
(5)
Lyme Inland Wetlands and Watercourses Agency: maps and plans,
with particular regard to natural features of the site, including
conservation elements, water resources and soils.
(6)
Fire Chief/Fire Marshal: maps and plans with particular regard
to elements of fire protection and firefighting resources.
B.
Referral to regional planning organizations. Any plan for subdivision
or resubdivision of land which abuts or includes land in one or more
additional municipalities as well as Lyme shall be submitted to the
regional planning organization in which the additional municipality
is located, in accordance with Connecticut General Statutes § 8-26b.
C.
Notice to adjoining municipalities. Notice shall be given to the
Town Clerk of a municipality adjoining Lyme in accordance with Connecticut
General Statutes § 8-7d for any project in which the following
applies:
(1)
Any portion of the property affected by a decision of the Planning
and Zoning Commission is within 500 feet of the boundary of the adjoining
municipality;
(2)
A significant portion of the traffic to the completed project
will use streets within the adjoining municipality to enter or exit
the site;
(3)
A significant portion of the drainage from the project on the
site will flow through and significantly impact the drainage system
within the adjoining municipality; or
(4)
Stormwater runoff from the subdivision will impact streets or
other municipal or private property within the adjoining municipality.
D.
Notification of nearby property owners. The applicant shall prepare
a list of names and addresses of the owners of all property any part
of which directly abuts the property to be subdivided, as shown on
the Assessor's records of the Town of Lyme on the date of submission
of the application to the Commission. The applicant shall mail notification
of the application to all owners of each property on the list within
seven working days of the date of submission. Evidence of such mailing
shall be provided to the Enforcement Officer prior to Commission action
on the application as specified in Connecticut General Statutes § 8-7d(a).
A public hearing regarding an application for a subdivision
may be held by the Commission if, in its judgment, the circumstances
require such action. The Commission shall hold a public hearing on
all applications for a resubdivision. Notice of any public hearing
shall be given as required by law. Whether or not a public hearing
is held, every applicant shall be afforded the opportunity to appear
before the Commission to discuss the application before final action
by the Commission.
A.
Notifying nearby property owners of public hearing. When a public
hearing is scheduled, the applicant shall mail notification of the
scheduled public hearing to all owners of each property, any part
of which is within 150 feet of the property being subdivided, not
more than 30 and not less than 10 days prior to the date of the public
hearing. The legal notice of the public hearing may serve as the text
for notification. Evidence of such mailing shall be submitted to the
Enforcement Officer not later than the commencement of the public
hearing as specified in Connecticut General Statutes § 8-7d(a).
The Commission shall act on the application within the time
frame set forth in the Connecticut General Statutes. By majority vote
of members present and voting, the Commission shall approve, modify
and approve, or disapprove the application for subdivision or resubdivision.
Notwithstanding the above, the Planning and Zoning Commission shall
not render a decision on the application until the Inland Wetlands
and Watercourses Agency has submitted a report with its final decision
to the Planning and Zoning Commission.
A.
Modifications. In approving the application, the Commission may require
modifications of the maps and/or documents submitted as part of the
application to preserve the purpose and intent and assure conformance
with these regulations. Such modifications shall be made by the applicant
and submitted for Commission review prior to endorsement of the subdivision
plans.
B.
Items which shall be completed. The following items shall be completed
as a requirement for approval of a subdivision or resubdivision application,
as applicable:
(1)
Presentation of any conveyance, easements and deeds in accordance with the requirements of § 310-4.6.
(2)
Submission of a construction and inspection schedule, approved
by the Commission's engineer, including establishment of a date when
construction of roads, drainage and other improvements may commence.
(3)
Written evidence of application to the Connecticut Department
of Transportation for any proposed street or storm drainage system
which joins with a state highway; the Commission may require written
proof of Connecticut Department of Transportation intent to issue
a permit for the proposed activity.
(4)
Evidence of approval from the Lyme Inland Wetlands and Watercourses
Agency, as may be required under the regulations of such Agency, for
conduct of any activity necessary to complete required streets, drainage
and other subdivision improvements.
(5)
Written evidence of an application to the Commissioner of the
Department of Energy and Environmental Protection for a permit, as
may be required for regulated activity within a designated tidal wetlands
area.
(6)
Written evidence of an application to the United States Army
Corps of Engineers for activities within the Corps' jurisdiction.
(7)
Where the subdivision involves construction of improvements or excavation, grading or depositing of materials in a special flood hazard area, presentation of written assurance from the enforcement official that development activities comply with requirements of § 310-5.2 of these regulations.
(8)
Posting of an acceptable bond guaranteeing completion of any
required road, drainage, installation of property markers and monuments,
or other subdivision improvements in accordance with the approved
plan, as required in Article 6.
C.
Statement of reasons for decision. In approving, modifying and approving,
or disapproving an application, the Commission shall state in its
records the reasons for its action. The Commission shall give notice
of its decision as required by law.
Any person aggrieved by an official decision of the Commission
may file an appeal to the Superior Court within 15 days from the date
when the notice of decision was published according to law. The Commission
will not endorse the plan until after the time for taking an appeal
from the decision has elapsed or. in the event of an appeal, upon
termination of such appeal by dismissal, withdrawal or judgment in
favor of the applicant.
Prior to endorsement of the approved plan, the Commission shall
require the applicant to post a sufficient bond or other security,
in a form and amount acceptable to the Commission and to the Commission's
attorney, in accordance with Article 6 of these regulations.
A.
One fixed line photographic Mylar and two print copies of the approved
subdivision or resubdivision map, along with two corrected print copies
of any other maps which are part of the approved application, shall
be delivered to the Enforcement Officer within 30 days of a Commission
vote to approve the subdivision or resubdivision application. Such
plans shall contain all modifications or stipulations required by
the Commission as part of its approval. All Mylars shall contain the
raised seal and original signature of the engineer and/or surveyor
certifying the plan. In addition, the legal description of all easements
and deeds containing the Schedule A descriptions of the parcels must
be submitted with the above and taxes must be paid and up-to-date.
B.
Endorsement of the plan by the Commission shall not be executed until the end of the appeal period as set forth in § 310-3.10 and until all conditions of approval have been met, including posting of any required bonds and submission of the final corrected plans and executed legal documents and payment of all owed taxes. If the applicant fails to comply with this requirement, the Commission may declare the approval null and void.
Upon receipt of final plans, including any required modifications,
executed legal documents, and the posting of any bond required as
part of the approval, the Chairman or Secretary of the Commission
shall endorse the final plans and shall note on the plans the date
of approval and the date of project expiration. The applicant will
then be notified that the endorsed plans and legal documents are available
for recording with the office of the Town Clerk. All plans shall be
delivered to the applicant for filing or recording not less than 30
days after the time for taking an appeal from the action of the Commission
has elapsed, and in the event of an appeal, not less than 30 days
after the termination of such appeal by dismissal, withdrawal or judgment
in favor of the applicant. No such plan shall be recorded or filed
by the Town Clerk until its approval has been endorsed thereon by
the Chairman or Secretary of the Commission, and the filing or recording
of a subdivision plan without such approval shall be void. The delivery,
endorsement and recording of approved plans shall be in accordance
with the requirements of Connecticut General Statutes § 8-25.
All construction and installation of roads, drainage and other
improvements required by these regulations shall not be deemed authorized
and shall not be commenced until the time for taking an appeal from
the action of approval of the application by the Commission has elapsed,
and in the event of an appeal, termination of such appeal by dismissal,
withdrawal or judgment in favor of the applicant, and the Commission
or its designated agent has authorized such construction upon finding
that the applicant has met all conditions of approval precedent to
such construction.
Inspections may be made by the Commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained. The Commission may appoint or hire an inspector to assure that all specifications and requirements are met during the construction of any required improvement which the Commission feels should be inspected, including but not limited to the inspections listed in § 310-3.15C. It shall be the duty of the developer to notify the Commission's designated inspector at least 48 hours prior to the time when such improvements are to commence and when they are to be completed. Said inspector shall, after completion of construction, notify the Commission when all required improvements have been constructed as required by the Commission.
A.
Fee for inspection of improvements. The developer shall pay to the
Town a fee for all reasonable costs incurred in the inspection and
reinspection, if required, of any required improvements by the Commission's
designated inspector, in accordance with a schedule of fees established
by the Commission, and amended from time to time to reflect the actual
cost of performing the inspections. The applicant shall be required
to deposit cash or a certified check with the Town in an amount estimated
as sufficient to cover the cost of field inspections required during
the installation of necessary improvements.
B.
Compliance with plans. If the inspector shall find, upon inspection
of the improvements, that any of the required improvements have not
been constructed in accordance with plans and specifications submitted
by the subdivider as part of the subdivision application, the inspector
shall so report to the Commission. The Commission shall then notify
the developer, and if necessary the company guaranteeing the security/bond,
and shall take all necessary steps to preserve the Town's rights under
the terms of the security/bond.
C.
Schedule of inspections.
(1)
The Commission or its designated inspector shall have the right
to enter upon the premises and to inspect, or cause to be inspected,
construction work authorized by subdivision approval at any time,
with or without notice, during, before, or after regular business
hours.
(2)
If road and/or stormwater drainage improvements are part of
the subdivision approval, those improvements shall be inspected at
the following stages of construction:
(a)
After installation of sedimentation and erosion controls and
prior to any grading.
(b)
After completion of rough grading.
(c)
After drainage and all other underground facilities, when applicable,
have been installed, but prior to backfilling.
(d)
After completion of road subgrade.
(e)
After completion of rolled granular base and processed aggregate
base.
(f)
If pavement is required, notification shall be made to the Commission's
inspector as to when paving operations shall be performed. Inspections
may be made prior to, during and/or after pavement has been placed,
at the discretion of the Commission's designated inspector.
(g)
At the completion of curbing installations, backfilling of curbing,
grading of shoulder areas and embankment, loaming and seeding and
the installation of monuments.
(3)
The developer shall not proceed to work on any subsequent stage
above until the preceding section has been inspected and approved
by the Commission or its designated inspector.
A.
Modifications. If at any time during the construction of the required
improvements unforeseen field conditions make it necessary or preferable
to modify the location or design of such required improvements, the
developer shall notify the Commission or its duly authorized representative,
who shall determine whether the change is minor in nature or whether
the Commission itself must act on the proposed change. If the change
is minor, the representative shall either approve or disapprove the
developer's request and shall notify the Commission at its next regular
meeting, and the action shall be noted in the meeting minutes. If
it is determined that the change is not minor, the developer shall
submit an application for a modification of the subdivision approval.
Such application shall meet all the informational requirements of
Article 4, as applicable. Any change which affects any street layout
or any area reserved for public use shall require a resubdivision.
B.
Additional work. If during the course of construction of any new
street, or any other improvements required by the Commission in connection
with the approval of a subdivision, it appears that additional work
is required owing to unforeseen conditions such as, but not limited
to, springs, ancient drains, wet conditions, side hill drainage from
cuts, bedrock, or other conditions which were not recognized at the
time of the approval by the Commission, the Commission may require
such additional work to be done and may require additional surety.
A.
Any person, firm or corporation making any subdivision or resubdivision
of land shall complete all work in connection with such subdivision
within five years after the date of the vote for approval of the plan
for such subdivision. The Commission endorsement of approval on the
plan shall state the date on which such five-year period expires.
B.
The subdivider or his successor in interest may apply for and the
Commission may grant one or more extensions of the time to complete
all or part of the work in connection with such subdivision, provided
the time for all extensions shall not exceed 10 years from the date
the subdivision was approved.
C.
If the Commission grants an extension of an approval, the Commission may condition the approval on a determination of the adequacy of the amount of the bond or other surety required under § 310-3.11, securing to the municipality the actual completion of work.
D.
For purposes of this section, "work" shall mean all physical improvements
required by the approval, other than staking of lots, and includes
but is not limited to the construction of roads, storm drainage, setting
aside of open space and recreation areas, installation of utilities,
installation of permanent property markers, planting trees and other
landscaping, and installation of retaining walls and other structures.
E.
Failure to complete all required work shall result in expiration
of subdivision approval. In such event, the Commission shall file
on the land records notice of such expiration and no additional lots
shall be conveyed by the subdivider except with the approval by the
Commission of a new application for subdivision of subject land. If
lots have been conveyed during the five-year or other approved period,
the Town may call the bond of the subdivision to the extent necessary
to complete the bonded improvements and utilities required to serve
those lots.
The applicant shall be required to maintain all improvements in the subdivision and provide for snow removal, street cleaning, drainage and general maintenance on streets until completion of work in § 310-3.17. If any improvements are proposed to be accepted by the Town, maintenance by the applicant shall continue until Town acceptance and transfer of deed has occurred. In the event that the applicant fails to comply, the Town is authorized, through the Board of Selectmen, to perform the necessary work, without incurring any liability, and charge such work to the applicant.
A.
The
Commission may, at its discretion, upon request of the developer,
authorize partial release of the subdivision bond as various stages
of work are completed to the satisfaction of the Commission. However,
prior to release of the final portion of the subdivision bond, the
following conditions must be met:
(1)
The final portion of the bond shall not be released until all
required improvements have been accepted by the Town and all conditions
of Town acceptance have been met.
(2)
Roads, drainage and other required improvements in the subdivision
shall have been inspected and approved by the Commission's engineer.
(4)
Maintenance agreement and security. The applicant shall execute
an agreement and file a bond to cover unforeseen deficiencies in the
required road, drainage and other subdivision improvements. The maintenance
bond shall terminate no earlier than one year after the date that
the work is deemed complete by the Commission's inspector or, in the
event of acceptance of the improvements by the Town, no earlier than
one year after the date of acceptance. The maintenance bond shall
be in the amount and with surety as approved by the Commission and
Town's Attorney, and not less than 10% of the original bond amount.
B.
As-built
plans. Before the Commission authorizes release of any subdivision
bond, the developer shall furnish a set of as-built drawings showing
all improvements as constructed, in the same detail as required for
the approved subdivision plan. Said drawings shall bear the live signature
and raised seal of the registered land surveyor who prepared the as-built
plan and a civil engineer registered in Connecticut who reviewed the
plan.
A.
The approval by the Commission of a subdivision application shall
not constitute evidence of any acceptance by the Town of any street,
recreation area, right-of-way or easement shown on such plan. Acceptance
of formal offers of streets, open space, rights-of-way, and easements
shall rest with the Town. The developer shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks
until acceptance of said improvements at a Town Meeting.
B.
Procedure for acceptance of improvements. Upon completion of all
improvements, the applicant shall submit a written request to the
Commission for acceptance of the improvements and release of the bond.
Such request shall be accompanied by executed deeds, as-built plans,
maintenance bond and any other documents necessary to support the
request. The Commission may refer the request to the appropriate Town
agencies for their review. Upon receipt of favorable reports from
these agencies, the Commission shall recommend to the Board of Selectmen
that the improvements be accepted and the bond released. The Board
of Selectmen may then place the matter before the Town Meeting for
action on acceptance. Acceptance of a road into the Town road system
shall be in accordance with the Town Road Ordinance.
