A written application, in a form prescribed by the Commission, shall
be submitted by the applicant or lawful agent of the applicant. If the applicant
is not the owner of the land to be subdivided, the forms shall also be signed
by the owner or the owner's lawful agent.
The subdivider shall pay all reasonable fees necessary to cover the
cost of processing the subdivision application and inspecting any required
improvements. Processing fees and inspection fees shall be paid to the Commission
by the subdivider in accordance with the schedule of fees established by the
Commission.
All maps and reports required under these regulations shall be prepared
and certified by qualified professionals, as follows:
A. Professional engineer.
(1) The applicant shall employ the services of a professional
engineer, currently licensed to practice in the State of Connecticut, for
the design of and preparation of maps and reports relating to the following
work items required in the submittal of a subdivision application: roads;
drainage systems, including the design and location of structures and pipes;
sewage disposal systems; water supply and distribution system; and grading
of lots and overall grading plans.
(2) All submissions of the above items shall bear the name,
seal and original signature of a professional engineer currently licensed
to practice in the State of Connecticut. A land surveyor's seal or architect's
seal alone is not acceptable.
B. Land surveyor.
(1) The applicant shall employ the services of a land surveyor,
licensed to practice in the State of Connecticut, for the preparation of maps
and reports relating to the following work items required in the preparation
of a subdivision application: land surveys, including the delineation of the
boundary lines of the outside perimeter and the interior lots of a subdivision,
and topographic surveys, including contour delineation and all natural features
and constructed facilities on the land.
(2) All submissions of the above items shall bear the name,
seal and original signature of a land surveyor currently licensed to practice
in the State of Connecticut. A professional engineer's seal or architect's
seal alone is not acceptable.
Reports required under this section may be included as plan notes where
appropriate, provided that all information is shown in a clear and legible
form. The applicant shall submit six copies of all reports not included as
plan notes.
A. Water and sewer. The applicant shall submit a written
report, prepared and sealed by a professional engineer, currently licensed
to practice in the State of Connecticut, or other qualified professional,
describing the proposed water supply and method of sewage disposal for the
subdivision. Prior to submission of the report to the Commission, the applicant
shall secure endorsement of the report by the Sanitarian of the Town of Old
Lyme or a designated agent and from the Water Pollution Control Authority
or its agent.
B. Traffic report. For all residential subdivisions containing 25 lots or more, and for all nonresidential subdivisions, the Commission may require the applicant to submit a traffic report describing the pedestrian and vehicular access to and within the proposed subdivision. In the case of resubdivision or phased development, previously approved lots shall be considered as part of the total when determining the need for a traffic report. Traffic studies may be required for subdivisions containing fewer than 25 lots, if the Commission determines that hazardous or unsafe conditions may be created or exacerbated by the proposed development. The report shall include traffic characteristics and level of service on existing streets affected by the subdivision and any proposed measures to increase traffic safety and mitigate identified hazardous or unsafe conditions resulting from the subdivision. In preparing this report, the applicant shall be guided by the requirements of Article
V of these regulations and the Town's Design and Construction Standards.
C. Stormwater management plan.
(1) A stormwater management plan is required for all subdivisions containing five acres or more or involving the creation of new streets or the modification of existing streets. The applicant shall provide a mapped and written description of all drainage measures, prepared by a professional engineer according to §
219-27. The mapped description shall be shown in accordance with requirements for construction plans in §
219-28F. The plan shall consist of a description of proposed best management practices, detailed plans and a written narrative that when implemented provides for efficient drainage within the subdivision, mitigates potential adverse impacts from stormwater discharge, and provides protection and restoration of receiving waters by reducing pollutant loading and other negative impacts associated with changes in land use. The stormwater management plan shall assist in protecting natural resources, including groundwater, wetlands and other freshwater and marine ecosystems.
(2) The written report shall identify the method used to
calculate runoff, runoff characteristics of the property before and after
development, drainage calculations, proposed measures to reduce peak discharge
rates and maintain or improve water quality, structural elements of the proposed
drainage design, maintenance procedures and a maintenance schedule for structural
elements, safety measures, including fencing and trash racks, proposed landscaping
and vegetation measures used to stabilize slopes and bottom surfaces, and
proposed ownership of any structural elements. The applicant may be required
to determine the downstream impact of changes in discharge characteristics
of the watershed within which the subdivision is located. When this is required,
this determination shall be made through hydrologic analysis conducted by
a professional engineer.
(3) The applicant shall demonstrate that impervious surfaces
have been reduced to the greatest extent possible and that site disturbance
will be the minimum necessary for the proposed project while maintaining as
much natural, undisturbed vegetation on the site as possible.
(4) Best management practices shall be identified and illustrated
on the mapped plans and described within the written plan. The applicant shall
obtain written endorsement of the mapped and written drainage plan from the
engineer designated to review the report on behalf of the Board of Selectmen.
(5) All design and construction shall meet the requirements of Article
V of these regulations and the Town's Design and Construction Standards as applicable.
D. Coastal management. All subdivisions of land located
fully or partially within the coastal boundary, as defined in the Connecticut
General Statutes, Chapter 444, § 22a-94, and indicated on the Old
Lyme Zoning Map, shall be subject to the coastal site plan review requirements,
procedures and definitions set forth in Chapter 444 and to the following requirements
of these regulations:
(1) In addition to requirements set forth elsewhere in these
regulations, coastal site plan applications must include the following information:
(a) A plan showing the location and spatial relationship
of coastal resources on and contiguous to the property proposed for subdivision;
(b) A description of the location, design, and timing of
construction of any subdivision improvements;
(c) An evaluation of the capability of resources to accommodate
the proposed use;
(d) An evaluation of the suitability of the subdivision for
the proposed site; and
(e) An evaluation of the potential beneficial and adverse
impacts of the subdivision and a description of proposed methods to mitigate
adverse effects on coastal resources.
(2) The applicant shall demonstrate that the adverse impacts
of the proposed subdivision on coastal resources and future water-dependent
development opportunities are acceptable and that such activity is consistent
with the goals and policies of the Coastal Management Act.
E. Flood protection. When a subdivision is proposed for land subject to flooding, as identified by the National Flood Insurance Program, the applicant shall supply written confirmation from the Old Lyme Zoning Enforcement Officer and Sanitarian of the Town of Old Lyme, or their designated agents, that utilities, water, sewage disposal systems and electrical service are located or designed so as to minimize or eliminate flood damage or infiltration. The applicant's engineer shall provide assurances that the flood-carrying capacity is maintained within any altered or relocated portion of any watercourse. Flood protection measures shall be designed in accordance with the requirements of §
219-35.
F. Energy conservation. The applicant shall submit a written statement describing the manner in which the proposed subdivision will utilize passive solar energy techniques, as required in §
219-36. This report may be included as a note on the subdivision map where appropriate.
G. Purpose and disposition of open space. The applicant shall provide a written report describing any open space proposed in accordance with §
219-42. The written report shall include a description of natural resources on the open space tract, proposed use of the tract, proposed ownership and management recommendations. A copy of any restrictive covenants and/or conservation easements shall be included in the report.
H. Cultural resources preservation plan. In the event that cultural resources, as defined in §
219-3, are identified or potentially identified on the property to be subdivided, the Commission may require the applicant to submit a cultural resources preservation plan.
(1) The preservation plan shall describe procedures that
will be taken to catalog, protect, preserve and/or properly remove the cultural
resources. At a minimum, the plan shall include the following components:
(a) A map identifying the type and extent of cultural resources
located or potentially located on the site.
(b) A written evaluation of the impact of the proposed development
on the subject cultural resources.
(c) A written description of the measures to be taken to
mitigate any adverse impact of subdivision development on cultural resources,
as well as measures to be used to protect and preserve or properly remove
the cultural resources. Such measures may include conservation easements or
inclusion of cultural resources in areas dedicated to open space; design of
roads and other improvements to minimize impact on cultural sites and resources;
restoration of historic structures; and proper removal of cultural materials
to an acceptable location.
(d) Suitable public access to any preserved feature may be
required by the Commission.
(2) In the event that the Commission cannot determine to
its satisfaction from the cultural resources preservation plan that the adverse
impacts on cultural resources have been mitigated to the extent possible,
the Commission may require a more intensive archaeological survey to be conducted
by the applicant. The archaeological survey shall be conducted by an accredited
professional archaeologist or historian and shall follow the standards contained
in the Environmental Review Primer for Connecticut's Archaeological Resources
(copy available for review in the Old Lyme Planning Office or from the Office
of the State Archaeologist).
(3) The Commission shall not approve a proposed subdivision
unless it determines that the proposed project has been revised or modified
to protect cultural resources and mitigate all adverse impacts to the satisfaction
of the Commission.
I. Fire protection. The applicant shall provide a copy of the proposed subdivision plan to the Fire Marshal and shall submit a written report describing measures to be taken to provide fire protection to the subdivision, including fire access and water supply, in accordance with §
219-43. The applicant shall supply written confirmation that the report has been reviewed by the Fire Department, either in the form of a letter from the Fire Chief or by an endorsement of the written report by a designated representative of the Fire Department.
J. Other approvals.
(1) State highway connections. Where a proposed street, driveway,
or storm drainage system joins with a state highway, the applicant shall present
a copy of a letter or other document giving evidence that the construction
plans have been submitted to, and reviewed by, the Connecticut Department
of Transportation. A permit from CONNDOT or a letter indicating intent to
issue such permit shall be obtained by the applicant and submitted to the
Commission prior to Commission approval.
(2) Other state and federal approvals. In the case of any
use, improvement, system, or facility requiring approval of any department
or agency of the federal or state government not cited elsewhere in these
regulations, the applicant shall provide evidence of the approval from such
department or agency or a copy of a letter or other documentation showing
that the applicant has applied for such approval.
All legal instruments related to roads, open space, drainage and other
restrictions shall be submitted in duplicate as part of the subdivision application.
All legal documents are subject to approval by the Commission counsel and
the Commission.
A. Legal documents which must be submitted to the Commission
and the Commission's counsel for review as part of the submission at time
of application include, but are not limited to, the following:
(1) Proposed deed for proposed open space areas.
(2) Proposed text of required easements of all types, including
easements for storm drainage, conservation, utilities, access, temporary easements
for construction purposes, sloping rights, and fire ponds.
(3) Organizational documents and bylaws for homeowners' association,
when proposed.
(4) All maintenance agreements.
(5) A certificate of title showing current ownership at the
time of application.
(6) All other documents required by the Town's Design and
Construction Standards.
B. Legal documents which must be submitted and approved
by the Commission's legal counsel prior to final approval of the subdivision
and signing of the Mylar by the Commission:
(2) Deeds and/or easements for the proposed storm drainage
system, including any necessary rights to drain onto private property.
(3) Documents required in Subsection
A in their final form.
(4) All other documents required by the Town's Design and
Construction Standards.
(5) A certificate of title showing current ownership and
liens at the time of final approval.
The Commission may require any other information necessary to establish that the proposed subdivision is in conformance with the purposes of these Subdivision Regulations, as established in §
219-2.
For all subdivisions, a waiver of specific information requirements of Article
IV may be requested, in writing, prior to or simultaneously with the submission of a formal application. The Commission may grant the waiver request if it finds that the information for which the waiver is requested is not necessary to determine compliance with these subdivision regulations. Requirements of §
219-27 regarding professional assistance, and for the key map, boundary survey map, coastal site plan, water and sewer report, and sedimentation and erosion control plan, where applicable, shall not be waived. When a waiver request is denied, the applicant shall provide the information requested no later than the next regularly scheduled meeting of the Commission, or at such later time as the Commission may allow.