Potential applicants are strongly encouraged to submit a preliminary
plan to the Commission for informal review. The purpose of this review is
to ensure that basic requirements can be met prior to incurring application,
surveying, engineering and legal fees associated with a formal application
submission. The Commission may schedule a field visit to the site of the proposed
development as part of its preliminary review. Preliminary plans have no official
status. Preliminary review in regard to plan 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.
A.
Submission of preliminary plan. A potential applicant
may submit a preliminary plan for consideration. At least three copies of
the preliminary plan shall be submitted to the Planning Office at least two
weeks 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 review
under the standards of these regulations. The preliminary plan, at a scale
no greater than one inch equals 100 feet, shall 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 alternative layouts may also be submitted.
C.
Identification of cultural resources. Upon receipt of
a preliminary plan, the Commission may refer a copy of the plan's location
map to the following agencies or individuals for comment concerning the location
of cultural resources on or near the site of the proposed development: Connecticut
Historical Commission, State Archaeologist, Old Lyme Historical Society, Town
Historian, and other recognized archaeological and historical authorities.
Based on comments received, the Commission may determine that a cultural resources
assessment must be submitted as part of a formal application.
All applications for subdivision or resubdivision, together with maps, reports, legal documents, and any other information required under § 219-4 of these regulations, shall be submitted by mail or by hand to the Planning Office in the Old Lyme Town Hall. An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of § 219-4 have been received. In order to receive prompt consideration of an application, whenever possible the complete application should 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 accepted by the Commission, but failure to submit a complete application may be cause for disapproval of an application.
In accordance with the Connecticut General Statutes, the official date
of receipt of an application shall be the date of the next regularly scheduled
meeting of the Commission immediately following the day of submission of the
application to the Planning Office or 35 days after submission, whichever
is sooner.
The Commission or its duly authorized representative(s) 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(s) to visit the site.
When the Commission finds that extraordinary hardships or practical
difficulties may result from compliance with these regulations, the Commission
may, by a vote of at least four members, approve waivers to these regulations,
provided that such waivers do not conflict with the intent and purposes of
these regulations. The Commission shall state upon its records the reason
for which a waiver is granted in each case.
A.
The Commission shall not approve a waiver unless it finds
in each specific case that:
(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, Town ordinances, or regulations
of other Town boards and commissions.
B.
A request for a 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.
[Amended 1-26-2004]
When an application for a proposed subdivision or resubdivision involves
land regulated as an inland wetlands or watercourse under Chapter 440 of the
Connecticut General Statutes, the applicant shall file an application with
the Old Lyme Inland Wetlands Commission no later than the day the formal application
is submitted to the Planning Commission. Evidence of submission to the Inland
Wetlands Commission shall be provided to the Planning Commission. The Planning
Commission shall not render a decision on the subdivision application until
the Inland Wetlands Commission, acting as the municipal inland wetlands and
watercourses authority, has submitted a report with its final decision to
the Planning Commission. In making its decision, the Planning Commission shall
give due consideration to the report of the Inland Wetlands Commission.
A.
The Commission, or the applicant where directed by the
Commission, shall transmit copies of maps, plans and documents to other officials
and agencies where required and where appropriate, such as the following,
for advisory reports and consultation and/or for approval as may be required
by law. A copy of the transmittal letter shall be submitted to the Commission
as part of the application materials:
(1)
Board of Selectmen or its designated representative (also
"reviewing engineer"): maps and plans for review in accordance with Design
and Construction Standards, with particular regard to street design, storm
drainage and other utility systems.
(2)
Town or Commission Attorney: bonds, easements, deeds,
agreements and other legal documents.
(3)
Sanitarian/Water Pollution Control Authority: 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)
Conservation (Inland Wetlands and Watercourses) Commission:
maps and plans, with particular regard to natural features of the site, including
conservation elements, water resources and soils.
(6)
Parks and Recreation Commission: maps, with particular
regard to open spaces for parks and playgrounds.
(7)
Fire Department: maps and plans with particular regard
to elements of fire protection and fire-fighting resources.
(8)
Notice to water company: In accordance with C.G.S. § 8-3i,
for any subdivision within the watershed of a water company, written notice
of the application to the water company.
(9)
Other persons or agencies as appropriate, including the
Tree Warden, Municipal Historian, and emergency services personnel.
B.
Referrals within the Connecticut River Gateway Conservation
Zone. For all subdivisions within the Connecticut River Gateway Conservation
Zone, the Commission may refer copies of the maps and plans, including the
soil erosion and sediment control plan, to the New London County Soil and
Water Conservation District for review and advisory opinion concerning measures
for erosion and sediment control.
C.
Referral to CRERPA and SCCOG. Any plan for subdivision
of land which abuts or includes land in one or more municipalities as well
as Old Lyme shall be submitted to the Connecticut River Estuary Regional Planning
Agency (CRERPA) and the Southeastern Connecticut Council of Governments (SCCOG),
in accordance with C.G.S. § 8-26b.
D.
Notice to adjoining municipalities.
(1)
Notice shall be given to the Town Clerk of an adjoining
municipality in accordance with C.G.S. § 8-26f for any project in
which the following applies:
(a)
Any portion of the property affected by a decision of
the Planning Commission is within 500 feet of the boundary of the adjoining
municipality;
(b)
A significant portion of the traffic to the completed
project will use streets within the adjoining municipality to enter or exit
the site;
(c)
A significant portion of the sewer or water drainage
from the project on the site will flow through and significantly impact the
drainage or sewerage system within the adjoining municipality; or
(d)
Water runoff from the developed site will impact streets
or other municipal or private property within the adjoining municipality.
(2)
Referrals shall be made within seven days of the date
of receipt of the application. No hearing shall be conducted unless appropriate
referrals have been made.
E.
Notice to Connecticut Department of Environmental Protection,
Office of Long Island Sound Programs. Any subdivision within the coastal boundary,
as indicated on the Old Lyme Zoning Map, shall be submitted to the Connecticut
Department of Environmental Protection, Office of Long Island Sound Programs.[1]
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.
B.
Notification of abutting property owners; applicant's
responsibility. When a public hearing is scheduled, the applicant shall prepare
a list of names and addresses of the owners of all property any portion of
which is within 300 feet of the property to be subdivided, as shown on the
Assessor's records of the Town of Old Lyme on the date of receipt of the application
by the Commission. The applicant shall mail notification of the scheduled
public hearing, which may be in the form of the legal notice, to at least
one owner of each property not more than 30 and not less than 10 days prior
to the date of the public hearing. Evidence of such mailing shall be submitted
to the Planning Commission not later than the commencement of the public hearing.
Failure to comply with the required notification requirement may be cause
for denial of the subdivision application.
Within 65 days after the close of the public hearing, or within 65 days
after receipt of such application if no public hearing is held, the Commission,
by majority vote of members present and voting, shall approve, modify and
approve, or disapprove the application for subdivision or resubdivision. The
applicant may consent to one or more extensions of any period required for
commencing a public hearing, completing a public hearing or rendering a decision,
provided the total extension of any such period shall not be for longer than
the original period as specified under the Connecticut General Statutes. Notwithstanding
the above, the Planning Commission shall not render a decision on the application
until the Conservation (Inland Wetlands and Watercourses) Commission has submitted
a report with its final decision to the Planning 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 by the Commission.
B.
Items which shall be completed. The following items shall
be completed prior to approval of a subdivision or resubdivision application,
as applicable:
(1)
Presentation of any conveyance, easements and deeds, including executed documents, in accordance with the requirements of § 219-30;
(2)
Submission of a construction and inspection schedule,
approved by the Board of Selectmen or its 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 CONNDOT
intent to issue a permit for the proposed activity;
(4)
Evidence of approval from the Old Lyme Conservation (Inland
Wetlands and Watercourses) Commission, as may be required under the regulations
of such Commission, 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 Environmental Protection for a permit, as may be required
for regulated activity within a designated tidal wetlands area; the Commission
may require written proof of DEP intent to issue a permit for the proposed
activity;
(6)
Written evidence of an application to the United States
Army Corps of Engineers for activities within the Corps' jurisdiction; the
Commission may require written proof of Army Corps intent to issue a permit
for the proposed activity;
(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 Zoning Enforcement Officer that development activities comply with requirements of § 219-29E and 219-35 of these regulations;[1]
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 shall 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.
A.
As part of the subdivision application, the applicant
shall provide an estimate of the cost of all work to be performed on the subdivision,
which the Commission may use to determine the amount of the required security.
(1)
Prior to endorsement of the approved plan, the Commission
shall require the applicant to post a sufficient security, in an amount acceptable
to the Commission and in a form acceptable to the Commission's Attorney, to
guarantee one of the following:
(a)
Satisfactory completion of all work shown on the plan;
or
(b)
Restoration of the development site to a safe and attractive
condition in lieu of completion of work, provided that the applicant guarantees
in writing that no lots will be sold or offered for sale, no building permits
will be sought, and no individual lot development (as opposed to subdivision
improvements), including tree clearing and grading, will commence until an
acceptable security for completion of remaining subdivision work is posted
with the Commission. Violation of this provision shall be grounds for revocation
of the subdivision approval.
(2)
When the option of posting security for restoration of the development site has been utilized [Subsection A(1)(b) above], the developer shall post sufficient security for satisfactory completion of all remaining work shown on the plan prior to proceeding with installation of structural drainage, including installation of drainage pipes and/or catch basins, and prior to any road paving.
B.
Bond/security requirements.
(1)
In order to avoid the need for very large subdivision
bonds, and to avoid extensive disruption of the entire site at any one time,
a subdivision may be constructed in phases, with approval of the Commission.
In phased subdivisions, separate security may be posted for each phase. Upon
completion of an earlier bonded phase, the developer may request and may receive
approval from the Commission to transfer the security to a later phase.
(2)
The security must be set and continuously maintained
for the duration of the five-year project (or other time for completion of
the subdivision as designated by state statute) unless released by vote of
the Commission.
(3)
Should the developer be unable to complete the secured
site improvements in a manner satisfactory under Town requirements, the security
deposited with the Town may be used by the Town, after a hearing thereon,
to complete all or part of the required site improvements or, at the discretion
of the Commission, to restore the property to a safe and attractive condition,
provided that no individual lots have been sold or developed in the area where
improvements are lacking.
C.
Separate sedimentation and erosion control bond. The
Commission may require that measures and facilities specified on the Soil
Erosion and Sediment Control Plan be guaranteed by a separate cash or savings
passbook account in favor of the Town. In the event of failure of the developer
to maintain proper sedimentation and erosion controls on the subdivision site,
the security required under this section may be used by the Town, after a
hearing thereon, to stabilize eroding areas, remove sedimentation, and otherwise
correct sedimentation and erosion problems on site.
A.
One complete fixed line photographic Mylar set of plans and two print copies of the subdivision or resubdivision map shall be delivered to Planning Office within 30 days of the date 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. Endorsement of the plan by the Commission shall not be executed until the end of the appeal period as set forth in § 219-13 and until all conditions of approval have been met, including posting of any required security and submission of the final corrected plans and executed legal documents. If the applicant fails to comply with this requirement, the Commission may declare the approval null and void.
B.
Commission endorsement of plan. Upon receipt of final
plans, including any required modifications, executed legal documents, and
the posting of any security 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 applicant shall file and record the endorsed plans and legal documents,
with the exception of deeds for Town roads, within 90 days of the expiration
of the appeal period or, in the case of an appeal, within 90 days of the termination
of such appeal by dismissal, withdrawal or judgment in favor of the applicant,
except that the Commission may, by majority vote, extend the time for such
filing and recording for two additional periods of 90 days each, and approved
plans shall remain valid until the expiration of such extended time. Failure
to file the approved plans within the ninety-day period or any extensions
thereof which are approved by the Commission shall render the subdivision
approval null and void. Filing and recording fees shall be paid by the applicant.
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:
A.
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;
B.
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; and
C.
The construction plans for streets, drainage and other
improvements have been approved by the Board of Selectmen as evidenced by
the issuance of a road construction permit under the procedures established
in the Town's Design and Construction Standards.
Each phase of the construction of any street, drainage facility or other
improvement which is part of the approved subdivision shall be carried out
subject to the supervision and inspection by the Board of Selectmen, through
its authorized inspector. The inspector shall assure that all specifications
and requirements are met during construction, in accordance with the Town's
Design and Construction Standards. Said inspector shall, after completion
of construction, notify the Board of Selectmen and 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 necessary, in accordance with a schedule of fees established
by the Board of Selectmen under the Design and Construction Standards.
B.
Compliance with plans. If the inspector finds 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 bond or security and shall take all necessary
steps to preserve the Town's rights under the terms of the bond or security.
C.
Schedule of inspections. 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.
(1)
For subdivision road and drainage improvements, the work
shall be inspected in accordance with the schedule set forth in the Town's
Design and Construction Standards.
(2)
The developer shall not proceed to work on any subsequent
stage until the preceding stage has been inspected and approved by the 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 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 IV, as applicable. Any change which affects any street layout or any area reserved for public use shall require a resubdivision, as required by state statute.
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 apparent at the time of approval by the Commission,
the Commission may require such additional work to be done and may require
additional security to be posted by the applicant. The Commission reserves
the right to require the installation of additional sedimentation and erosion
control measures as may be recommended by the Town's designated inspector.
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. 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 security required under § 219-14, securing to the municipality the actual completion of work.
C.
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, water and
sewer lines, 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.
D.
Failure to complete all required work within the time
period approved by the Commission may result in expiration of subdivision
approval. In such event, the Commission shall file on the land records notice
of the 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 performance 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 and sidewalks until acceptance of said improvements by the Town. In the event that the applicant fails to comply with this section, 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. The Commission may require that as part of the bond required for said subdivision a portion of said bond be established at the developer's expense to pay for such maintenance and snow removal, from which the Town may draw funds, after hearing, to pay for the work if the applicant fails to comply with this section within five years or within such extensions as may be provided in accordance with § 219-20 of these regulations.
A.
In general, the Commission shall not authorize partial
release of the security, except that the security for one phase of a subdivision
may be transferred to a subsequent phase with the approval of the Commission.
B.
Prior to release of the subdivision performance bond,
the following conditions must be met:
(1)
The bond shall not be released until all conditions of
Town acceptance have been met and all required improvements have been accepted
by the Town.
(2)
Roads, drainage and other required improvements in the
subdivision shall have been inspected and approved by the Town'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 of acceptance
of the improvements by the Town. The maintenance bond shall be in the amount
and with security as approved by the Board of Selectmen and Town Counsel under
the provisions of the Town's Design and Construction Standards.
C.
As-built plans. Before the Commission and Board of Selectmen
authorize release of any subdivision performance 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 performance 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
shall 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 performance bond released. After compliance with all requirements of the
acceptance procedures, the Board of Selectmen shall present the improvements
for acceptance to a Town Meeting in accordance with the Town's Design and
Construction Standards.
Any subsequent change in the geometric configuration of a lot or lots,
including the relocation of lot boundary lines between adjacent lots, which
differs from the approved subdivision map which has been filed and recorded
with the Town Clerk shall be submitted to the Commission for its review as
to compliance with current zoning and subdivision regulations and must be
approved by the Commission. A map showing the revision as approved by the
Commission must be signed by the Commission Chairperson and filed by the applicant
with the Town Clerk.
