Town of Old Lyme, CT Building on Unaccepted Roads

The erection of buildings or structures, other than farm buildings, on lots, as defined in Article 1, Section C. 13 of the Old Lyme Zoning Regulations, abutting existing unaccepted roads shown on plans filed with the Town Clerk prior to April 1958 is prohibited unless and until the following conditions have been met:

A.

Establishment of an association of owners of lots abutting such unaccepted roads, which association shall be incorporated under the laws of the State of Connecticut and shall own such roads. The instrument of association shall be in form and language approved by Town Counsel and shall contain at least the following provisions:

(1)

The power to levy assessments against the owners of lots on such unaccepted roads, enforceable by lien.

(2)

Covenants to maintain the road(s) in good and safe condition, to make all required repairs and to undertake snowplowing and refuse collection at no expense to the Town. Said covenants shall be expressly enforceable by the Town as a third party beneficiary.

B.

Maintenance by such association of public liability insurance in such amounts and coverages as shall be approved by the Board of Selectmen against claims for damages or personal injury arising or resulting from use of such unaccepted roads.

C.

Construction and/or improvement of such unaccepted road(s) in accordance with the standards for private roads as set forth in Chapter 219, Subdivision Regulations, and with the approval of the Board of Selectmen.

D.

The Board of Selectmen, after consultation with professional engineers (at the applicant's expense), shall be authorized to waive any of the conditions set forth in § 25-5 if satisfactory evidence shall have been presented to the Board that appropriate vehicular access can be provided without all of said conditions.

[Added 4-23-2012]

Any building erected in violation of this article shall be deemed an unlawful structure. The Town Building Official shall enforce the provisions of this article in accordance with the remedies provided in C.G.S. § 8-27.

No building may be erected on any other unaccepted road except as provided above, unless such road shall be part of a subdivision approved by the Old Lyme Planning Commission.