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.
A.
The maps and plans required by these regulations shall
show information and shall be prepared in accordance with the standards specified
herein:
(1)
All maps shall be submitted on sheets with an overall
dimension of 24 inches by 36 inches. Six blue line copies of all maps shall
be provided as part of the submission of a completed application. The Commission
may require additional copies of plans if referrals to outside parties are
indicated. Documents other than final reports and maps shall be marked "Draft."
Revision dates shall be shown if plans are updated or revised during the review
process. Revision dates shall be shown on all sheets and the index sheet.
(2)
All prints of maps and plans shall be clear and legible and shall be bound along the left side, with required identifying data on each sheet. All maps shall be prepared by and shall bear the name, seal and original signature of a land surveyor or professional engineer, or both, as required under § 219-27. Final maps presented for endorsement and filing shall include a raised seal and original signature of the land surveyor or professional engineer, or both, as required, and shall be a fixed line photographic Mylar printed on good quality polyester film meeting state requirements for filing with the Town Clerk.
(3)
If more than one map sheet is required, each sheet shall be sequentially numbered in the form "Sheet ___ of ___." An index of all map sheets shall be included on the first sheet. Any information required in this § 219-28 may be combined on plan sheets, provided that the information is presented in a clear and understandable manner.
(4)
All map sheets shall include the following information:
(a)
Name of the proposed subdivision or identifying title,
which shall not duplicate the title of any previous subdivision in the Town
of Old Lyme; name and address of the owner of land to be subdivided and the
name and address of the subdivider if other than the owner; and key to the
terms and symbols used on the map sheet.
(b)
Date prepared, approximate true North point, and numerical
and graphic scale. North arrows, to the extent practical, shall be consistent
from one map to another.
B.
Key map. A key map showing the relationship of the proposed
subdivision to the surrounding neighborhood shall be provided and shall show
all public streets, lands reserved for special use, and major subdivisions
located within 1/2 mile of the boundaries of the tract to be subdivided. All
proposed property lines within the tract to be subdivided shall be shown on
the key map in sufficient detail to allow for transfer of information to the
Commission's base map. The scale of the key map shall be one inch equals 1,000
feet.
C.
Boundary survey map. A boundary survey map of the entire
tract to be subdivided shall be provided, prepared by a land surveyor in accordance
with the Regulations of Connecticut State Agencies, Sections 20-300b-1 to
20-300b-20 inclusive. The boundary survey map shall show names of all abutting
landowners and public streets, the layout of all lots and streets within the
tract to be subdivided, and all lands to be dedicated as open space, parks
or playgrounds. The scale of the boundary survey map shall be at least one
inch equals 40 feet but not less than one inch equals 100 feet.
D.
Parcel history map. A parcel history map, depicting the
tract as of the effective date of adoption of subdivision regulations for
the Town of Old Lyme, indicating all divisions of the property or any property
of which it was formerly a part, since the effective date of subdivision regulation,
and a table containing the dates of such divisions and the grantors and grantees
of any parcels or approved subdivisions so created.
E.
Detailed layout maps. Detailed layout maps shall be at
a scale of one inch equals 40 feet unless otherwise approved by the Commission.
Where it is not possible to fit the entire subdivision plan on one sheet at
a scale of one inch equals 40 feet, more than one sheet may be used, provided
that match lines are indicated. If more than one sheet is used, an index map
shall be provided showing the entire subdivision with lots, lot numbers, streets,
street names, delineation of areas covered by the section or sheet and match
lines between sections. All detailed layout maps shall show the following
information to the extent that the information occurs in or is applicable
to the particular subdivision:
(1)
Information on site conditions and land evaluation within
the property to be subdivided, and within 100 feet thereof, as follows:
(a)
Existing contours at intervals of two feet or less, based on field or aerial survey, using the bench mark as required for construction plans in Subsection F. Enlargement of United States Geological Survey maps and interpretations therefrom are not acceptable. The Commission may require contour lines at lesser intervals where necessary to properly evaluate the proposed development. In areas where there is no significant change in elevation over an extended area, spot elevations shall be shown.
(b)
Existing man-made features, including buildings and structures,
and any proposed removal, demolition, relocation or retention of existing
man-made features. Detailed layout maps shall also show existing trails, stone
walls, fences and dams, and other man-made features.
(c)
Location of all known cultural resources, as defined in § 219-3, including significant archaeological, historic, and natural features.
(d)
Location of all exposed ledge outcroppings.
(e)
Existing watercourses; exterior limits of inland wetlands,
if applicable, which shall be identified and located in the field by a certified
soil scientist, and a review area of 100 feet from the exterior edge of inland
wetlands; and location of tidal wetlands and other coastal resources and a
review area of 100 feet from the inland edge of tidal wetlands, beaches, bluffs
and escarpments, and intertidal flats.
(f)
Any areas subject to frequent, periodic or potential
flooding; the boundaries of any special flood hazard areas and floodways and
the base flood elevation data therefor; the lowest floor elevations that would
be applicable for building on any lot in any special flood hazard area.
(g)
Boundaries and classification codes of soil types under
the National Cooperative Soils Survey of the Natural Resources Conservation
Service (Soil Conservation Service).
(h)
Location, dates and results of all percolation test holes,
deep test pits and borings.
(i)
Boundary or limits of the minimum area of buildable land,
as required in the Old Lyme Zoning Regulations.
(j)
Location and species of specimen trees; existing mix
of forest tree species, their approximate height, age and density; and a description
of the cutting or removal activities to be undertaken.
(k)
Location of any existing wells and septic systems on
the property and on land within 100 feet of the property.
(l)
Location of any drainage discharge points onto the property
from any street or other property.
(2)
Property ownership information as follows, with all lines
drawn with dimensions to the nearest hundredths of a foot, bearings or deflection
angles on all straight lines and the central angle, tangent distance, radius
and length of all arcs:
(a)
Name and address of owner of property and of applicant,
if different from the owner.
(b)
Perimeter boundary survey of the entire property, with
dimensions, and the area of the property to be subdivided; the boundary line
shall be a heavyweight line easily distinguishable from other property lines;
(c)
Location of existing property lines for a distance of
100 feet from the property, except where the property borders a road, where
the location of property lines across the road shall be shown;
(d)
Name of street, both street right-of-way lines, and pavement
location of any street abutting or within 50 feet of the property;
(e)
The survey relationship of the property to the State
of Connecticut grid coordinate system;
(f)
Names of all subdivisions or owners of property abutting
the property to be subdivided, including those across any street if the proposed
subdivision abuts an existing street;
(g)
Existing property markers and monuments;
(h)
Zoning district in which the property is located and
any zoning district within 100 feet of the property;
(i)
Any municipal boundary line on or adjacent to the subdivision;
(j)
Any boundary line of the Lower Connecticut River Gateway
Conservation Zone and/or the coastal boundary;
(k)
Any building setback lines established by Old Lyme Zoning
Regulations, Town ordinance or other law;
(l)
Existing open space for parks and playgrounds and other
open space purposes, and the square footage and acreage thereof;
(m)
Location and dimension of existing easements and notation
of all existing restrictions on the use of the land, including easements and
covenants;
(n)
Any reserved areas for watercourses and wetlands protection
or for conservation areas; and
(o)
Any encroachment lines along rivers and watercourses.
(3)
Proposals for development of the subdivision as follows:
(a)
Proposed lots and lot numbers, and the square footage
and acreage of each lot with dimensions and areas;
(b)
Proposed contours at an interval not exceeding two feet, based on field or aerial survey, using the bench mark as required for construction plans in Subsection F; in areas where there is no significant change in elevation over an extended area, spot elevations shall be shown;
(c)
Proposed man-made features, including but not limited
to buildings, structures, fences, retaining walls and the like;
(d)
The location proposed for a building on each lot and
a driveway, including floor elevations and driveway grades where necessary
to demonstrate feasibility of use of the lot;
(f)
Location and dimension of proposed easements and notation
of all proposed restrictions on the use of the land, including easements and
covenants;
(g)
Any required or proposed setback lines or buffers;
(h)
Proposed streets and other rights-of-way, and the width
thereof; location and width of street pavement;
(i)
Existing and proposed storm drains, catch basins, manholes,
ditches, headwalls, sidewalks, gutters, curbs and other drainage structures;
(j)
The proposed location of any activity that is subject to Chapter 197, Inland Wetlands and Watercourses Regulations, of the Code of the Town of Old Lyme, including any relocation or construction for channels or watercourses;
(k)
Water mains, hydrants and appurtenances; electrical and
telephone lines; and
(l)
The location of any proposed on-site wells and subsurface
sewage disposal systems.
(4)
The following additional information:
(b)
Map information as required for a sedimentation and erosion control plan as specified under Subsection G.
(c)
Signature blocks, as follows:
[1]
Signature block titled "Soil Erosion and Sediment Control
Plan certified by ..." with a place for signature of the certifying agent
and date of signing.
[2]
Signature block titled "Reviewed and Approved by the
Old Lyme Planning Commission," with a designated place for the signature of
the Chairperson or Secretary and the date of the Commission vote to approve,
and the words "Expiration date per C.G.S. § 8-26c," with a designated
place for such date.
[3]
Signature block titled "Reviewed and Approved by the
Old Lyme Sanitarian," with a designated place for signing and for the date
of such action.
(d)
Such additional notes as may be required or approved
by the Commission, such as restrictions pertaining to building lines, reserved
areas, easements, solar access, fire protection, on-site sewage disposal and
water supply and other features on the map.
F.
Construction plans. Construction plans shall conform
to the standards set forth in these regulations for streets, sidewalks, storm
drainage, water and sewer systems, and other improvements, and to the Town's
Design and Construction Standards.
(1)
Preparation. Construction plans, including details and specifications, shall be prepared by and shall bear the name and seal of a professional engineer; provided, however, that particular elements of the plan, as authorized under § 219-27, may be prepared by a land surveyor or other qualified professional.
(2)
Scale. Construction plan drawings shall have a horizontal
scale of one inch equals 40 feet; profile drawings shall have a vertical scale
of one inch equals four feet. Drawings of special structures and details may
be prepared in other format acceptable to the Commission or its designated
agent. Profile drawings, inverts, existing and proposed contours and key elevations
shall be based on official Town, state or United States bench marks. However,
when the use of official bench marks is impractical, the Commission may accept
assumed datum. The bench marks used shall be consistent among the plan sheets
and shown on the plans.
(3)
General format. All plans showing construction of subdivision
improvements shall include the following elements:
(4)
Specific information. The following information shall
be shown on the construction plans as applicable to a particular subdivision:
(a)
Existing and proposed contour intervals shown on construction
plans shall not exceed two feet and shall be the result of a topographic survey
performed to the standards established under the Regulations of Connecticut
State Agencies, Sections 20-300b-1 to 20-300b-20 inclusive.
(b)
For streets:
[1]
Street names; right-of-way lines; the edge and width
of pavement; center-line radius; and stations at fifty-foot intervals, low
points, high points, points of curvature, points of tangency and at intersections;
[2]
Existing profile grades at the center line and both right-of-way
lines;
[3]
Proposed profile grades along road center-line elevations
and at the low points, high points, points of vertical curvature (pvc), points
of vertical intersection (pvi) and points of vertical tangent (pvt);
[4]
Pavement radii at corners;
[5]
Length of vertical curves;
[6]
Typical street cross section, cross section at all cross
culverts, and cross sections where there are to be substantial cuts and fills
affecting abutting property;
[7]
The location of lot lines intersecting the right-of-way
line and the lot numbers of the lots; and
[8]
Location of sidewalks, curbs and gutters, guide rails
or posts, streetlights, road monuments, traffic control devices, and signage.
(c)
For drainage, sanitary sewers and pipe systems:
[1]
Location, depth, invert, slope, frame and grade elevations,
size and type of all pipes, culverts, manholes, headwalls, and catch basins,
including offsets from street center line.
[2]
Cross section, depth, slope and location of all natural
and man-made watercourses, ditches and swales.
[3]
Water mains, valves and hydrants; sanitary sewers and
appurtenances; and house service connections and curb stops.
(d)
Detail drawings of bridges, box culverts, deep manholes,
retaining walls and other special structures.
(e)
Provision for control of erosion and sedimentation both during and upon completion of construction, in accordance with Subsection G.
(f)
At intersections and other locations where there may
be sight distance restrictions, a sight line demonstration may be necessary.
(g)
Drainage analysis map and computations to enable the Commission or its agent to review the drainage design and the sufficiency of downstream drainage systems to accommodate runoff from the subdivision, and design for any temporary or permanent stormwater detention or retention area, such information to be provided as required in § 219-29C.
(h)
A signature block titled "Reviewed and Approved by the
Old Lyme Planning Commission" with a designated place for the signature of
the Chairperson or Secretary and the date of signing.
G.
Sedimentation and erosion control plan.
(1)
A soil sedimentation and erosion control plan shall be
submitted with the subdivision application in the following cases:
(2)
The plan shall include a map showing existing and proposed
topography; location of any areas proposed to be cleared, stripped of vegetation
and/or graded or otherwise altered; location and design of structural control
measures, including diversions, waterways, grade stabilization structures,
debris basins and other measures; revegetation plans; and a schedule of operations,
including sequencing of clearing, grading, installation of control measures,
and revegetation. Design of control measures and operations shall be consistent
with principles, methods and practices found in the Connecticut Guidelines
for Soil Erosion and Sediment Control (1985) and amendments thereto.
(3)
The applicant shall provide a written report describing
the project, the schedule of conservation practices, design criteria, construction
details and the maintenance program for any erosion and sediment control facilities
that are installed.
(4)
All development shall comply with the following guidelines:
(a)
Development shall be fitted to the topography and soils
so as to create the least erosion hazard;
(b)
Natural vegetation shall be retained and protected wherever
feasible;
(c)
Only the smallest practical area of land shall be exposed
at any one time during development;
(d)
When land is exposed during development, the exposure
shall be kept to the shortest practical period of time;
(e)
Temporary vegetation and/or mulching shall be used to
protect exposed areas during development;
(f)
Sediment basins (debris basins, desilting basins or silt
traps) shall be installed and maintained to remove sediment from runoff waters
and from land undergoing development where feasible and practical; and
(g)
Permanent final vegetation and structural erosion control
measures shall be installed as soon as practical in the development.
(5)
The sedimentation and erosion control plan may be incorporated
on the detailed layout map and/or construction plans.
(6)
The name of the person responsible for implementing the
sedimentation and erosion control plan shall be provided.
H.
Grading plan. If not shown on the construction plans,
a grading plan shall be prepared which shall show proposed new grading of
the roadway and any drainage courses, proposed grading of all lots within
the subdivision for which substantial topographic alteration is required in
order to accommodate the proposed construction, and any other major grading,
cuts, fills or soil or rock removal proposed in the subdivision.
(1)
The area shown on the grading plan may be limited to
the portion of the subdivision affected by the proposed grading, cuts, fills,
or soil or rock removal.
(2)
The grading plan shall be shown at the same scale as
the detailed layout map and shall be prepared to similar standards of accuracy.
(3)
Existing and proposed contours at intervals of two feet
are required. If requested by the Commission, cross-sectional drawings of
the area to be regraded shall be provided.
(4)
The plan shall indicate the total volume and nature of
material to be removed or deposited for road construction.
I.
Future development of undeveloped portion of a tract/phased
development. If the proposed subdivision covers only a part of the record
owner's or applicant's contiguous land holding, the Commission may require
the applicant to submit a schematic map showing the possible location of future
streets, lot layout, and open spaces on other land of the owner or applicant.
The Commission will review the schematic plan in order to assist the applicant
in providing the most efficient use of land in relationship to the surrounding
area. This schematic map is for informational purposes only and shall not
be binding on either the applicant or the Commission.
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.
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.[1]
[1]
Editor's Note: See C.G.S. § 22a-90 et seq.
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.[2]
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:
(1)
Deed for proposed roads.
(2)
Deeds and/or easements for the proposed storm drainage
system, including any necessary rights to drain onto private property.
(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.
