A.
Town Plan of Conservation and Development. Subdivisions shall be planned and designed in general conformance with the Old Lyme Plan of Conservation and Development, adopted by the Planning Commission in accordance with Chapter 126 of the Connecticut General Statutes, particularly with regard to the following:
B.
Natural features. The planning and design of subdivisions,
including the layout of lots, streets, drainage and other improvements, shall
provide for retention of the natural features of the tract:
(1)
By avoiding excessive cuts, fills and regrading which
result in potential soil erosion, unnecessary tree and other vegetation removal,
and disturbance to water resources.
(2)
By maintaining watercourses and wetlands in their natural
location and avoiding relocation of and encroachment thereon.
(3)
By retention and protection of large specimen trees and
forested areas.
C.
Historic and cultural preservation. Subdivisions and
resubdivisions shall be laid out to preserve, to the greatest extent possible,
significant historic sites and buildings, identified archaeological sites,
and other cultural resources such as stone walls and existing trails. Suitable
public access to any preserved feature may be required by the Commission.
D.
Applicable standards.
(1)
All lots, streets, storm drainage, water supply systems,
sewage disposal systems, open space, sidewalks, bikeways, driveways, installation
of property markers, fire protection measures, and all other subdivision improvements
shall be designed, constructed and maintained in according with the standards
specified in these regulations and the Town's Design and Construction Standards
and in accordance with any other local, state or federal statutory or regulatory
requirements, codes and standards. Whenever there is a conflict among applicable
standards, the most stringent requirement shall govern.
(2)
Consideration of alternative construction standards. The Planning Commission recognizes both the need for flexibility to accommodate individual site conditions and the desirability of using state-of-the-art technology. The Commission will consider and may approve alternatives to the construction standards for road and drainage set forth in these regulations, provided that such alternative standards meet the criteria in § 219-2 of these regulations.
E.
Site disruption and restoration. To the extent possible,
natural vegetation and unusual topographic features shall not be disturbed
during construction. Upon completion of improvements, and prior to release
of the construction security in its entirety, the developer shall be required
to properly grade any disturbed land to dispose of undesirable surface water,
remove all brush and debris created by human intervention, and grade and seed
all open or disturbed areas to field grass. All temporary ditches shall be
filled; all sewer lines, drains, catch basins and manholes shall be cleaned
and flushed; all streets, walks, curbs and other structures shall be cleaned
and repaired; and the whole site shall be left in a neat and clean condition.
A.
Building lots. Proposed building lots shall meet all
requirements of the Town of Old Lyme Zoning Regulations. In addition, in accordance
with C.G.S. § 8-25, all building lots shall be of such shape, size,
location, topography, accessibility and character that said lots can be occupied
and used for building purposes without danger to the health and safety of
the occupants, the neighborhood or the general public. Any proposed lot which
is found to be unsuitable for occupancy and building by reason of water or
flooding conditions, unsuitable soils, topography, ledge rock or other adverse
conditions shall be combined with another contiguous lot that is suitable.
Proposed building lots shall be planned as follows:
(1)
To make best use of the natural terrain and to preserve
natural features, including substantial trees, woods, rock outcroppings, views
and vistas, water features and the like;
(2)
To be capable of use without extensive filling or regrading
which would result in potential erosion and sedimentation, excessive vegetation
removal, or substantial alteration of natural drainage patterns;
(3)
To be capable of accommodating buildings as permitted
by the Old Lyme Zoning Regulations, together with driveway access, parking
spaces and suitable sites for on-site sewage disposal and water supply where
required, without disturbing wetlands and watercourses unless authorized by
the Old Lyme Conservation (Inland Wetlands and Watercourses) Commission; the
Planning Commission may requite that a one-hundred-foot buffer area be maintained
along all tidal and inland wetlands areas located on individual lots, free
of development of structures or utility installations; and
(4)
To be laid out in such a way as to maximize potential
use of passive solar energy design techniques, as defined in the Connecticut
General Statutes, to the extent practicable.
B.
Lot size. Each lot shall conform to the minimum acreage
requirements of the Old Lyme Zoning Regulations unless required by these regulations
to be larger because of natural conditions affecting public health and safety,
including accommodation of on-site sewage disposal and water supply systems.
C.
Lot numbers. The applicant shall assign lot numbers to
all lots, including open space parcels, to conform to the Town's lot numbering
system in consultation with the Old Lyme Assessor. The applicant shall have
final lot numbers reviewed and approved by the Assessor prior to filing the
approved plan with the Town Clerk.
D.
Lot frontage. All lots shall have frontage consistent
with the Old Lyme Zoning Regulations on either an existing approved street
or upon a new street to be created as part of an approved subdivision plan.
E.
Minimum square. All lots in a subdivision shall be of
such shape that a square equal to the dimensions established in the Old Lyme
Zoning Regulations can be placed within the boundary lines of the lot.
F.
Lot access/driveways. Each lot shall be capable of being accessed by an individual driveway located at the designated lot frontage, except in cases where the Commission determines that a combined driveway serving more than one lot will reduce traffic conflicts or preserve significant natural features. All driveways shall be designed and constructed in accordance with § 219-45.
G.
Lot lines and Town boundaries. In general, lot lines
shall be laid out so as not to cross Town boundaries; it shall be within the
discretion of the Commission to deny approval of lots which cross a municipal
boundary line. In the event of such denial, the boundary line shall be made
to constitute one of the lot lines.
H.
Bodies of water. If a tract of land being subdivided
contains a body of water or portion thereof, including a dam or other structure,
the Commission may require that the lot lines be drawn so as to place the
entire ownership and burden of maintenance of the body of water and dam or
other structures in undivided ownership.
All subdivision proposals shall be consistent with the need to minimize
flood damage. When the subdivision includes land in a special flood hazard
area or regulated floodway, the lots, streets, drainage and other improvements
shall be reasonably safe from flood damage and shall conform to the following:
A.
Lots and improvements shall be consistent with the need
to minimize flood damage within special flood hazard areas and shall be capable
of use without damage from flooding or flood-related damage.
B.
All utilities and facilities, such as sanitary sewer
systems, water supply systems and electric and gas systems, shall be located
and constructed to minimize or eliminate flood damage. Water supply and sanitary
sewer systems shall be designed to minimize or eliminate both infiltration
of floodwaters into such systems and discharges from such systems into floodwaters.
C.
The Commission shall require written assurances prepared
by and bearing the seal of the applicant's licensed professional engineer,
and written confirmation from the Old Lyme Building Official and Sanitarian,
as appropriate, or their designated agents, that utilities, water, sanitary
sewer systems, and electrical service can be located or designed so as to
minimize or eliminate flood damage or infiltration. Endorsement of the engineer's
report by the Zoning Enforcement Officer and/or Sanitarian or their agents
shall constitute written confirmation.[1]
D.
Where feasible, the Commission may require that new streets
and existing streets being brought up to current street design and construction
standards be constructed above the base flood elevation of a flood hazard
area. The Commission may also require that any access driveway to a residential
dwelling be raised above the base flood elevation to provide safe access during
flood conditions.
E.
None of the following shall be constructed on land lying
within a coastal high hazard area or in the regulated floodway:
(1)
Any portion or part of a public or community water system,
including public or community water supply wells, pumping stations, treatment
facilities, storage tanks and towers.
(2)
Any portion or part of a public or community sewage disposal
system, including sewage treatment facilities, septage lagoons, and sewage
pumping stations.
(3)
Any portion or part of an electrical utility system,
including generating facilities, transformer substations, and high-voltage
transmission lines.
(4)
Any structural storage facility or nonstructural storage
area for chemicals, explosives, flammable liquids (including gasoline and
motor fuels, except for storage of fuels for retail sale to boats), road salt,
manure or fertilizer, or other toxic materials which could be hazardous to
public health and safety.
Pursuant to C.G.S. § 8-25(b), the applicant shall demonstrate
to the Commission that in developing the subdivision plan, consideration has
been given to the use on each lot of passive solar energy techniques that
would not significantly increase the cost of use and occupancy of the lot.
Passive solar energy techniques are subdivision or site design techniques
which:
A.
Street planning. Proposed streets shall be planned to
provide safe and convenient access to proposed lots, shall be suitably located
and adequately constructed to accommodate both present and future anticipated
traffic, and shall provide access for emergency and maintenance vehicles.
Streets shall be designed in an attractive layout which follows the natural
contour of the land and shall be located and graded to preserve the natural
terrain, substantial trees, woods, and other natural features which enhance
the property values and maintain the natural character of the subdivision.
If, in the opinion of the Commission, a proposed street requires excessive
grading and/or clearing that may have a substantial adverse impact on the
environment, the Commission may require the applicant to take mitigating measures,
including but not limited to street redesign and lot reduction. The design
of each residential street shall be appropriate to its function and classification.
Properly scaled and designed streets create more attractive communities and
contribute to overall community character. Traffic within residential areas
shall be designed to be kept to a minimum to reduce noise, congestion and
hazards to pedestrians. Where possible, street layouts shall be planned to
avoid excessive stormwater runoff and the need for extensive storm drainage
installations.
B.
Access from major roads. In order to reduce danger to
pedestrian and traffic safety along the major roads of Old Lyme, and to help
preserve the scenic quality of the Town, the design of all proposed subdivisions
shall reflect an attempt to minimize the number of new streets and driveways
that intersect major roads. Major roads include all state highways and Town
roads classified as "arterial" or "collector." Where practicable, lots adjacent
to major roads shall not be accessed directly from the state highway or collector
road. Instead, such lots shall front upon and shall be accessed from a street
one lot depth removed from the major road or shall be accessed from an intersecting
side street. A buffer zone, protected by a conservation easement at least
25 feet in width, shall be maintained on each lot along the property line
abutting the major road right-of-way. The Commission may require that buffer
to contain a fence, wall, stream, hedge, dense trees or other suitable deterrent
to access.
C.
Connection to existing streets.
(1)
All subdivision streets shall connect directly to one
or more accepted Town roads or state highways. Subdivisions containing more
than 25 lots shall have at least two direct connections to one or more accepted
public roads, unless waived by the Commission. In the case of resubdivision
or phased development, previously approved lots shall be considered as part
of the total number of lots in determining the need for a second direct connection.
(2)
Access from another municipality. Whenever access to
the subdivision is required across land in another municipality, the applicant
shall demonstrate that that access is legally established and that the access
road is adequately improved or that adequate security has been posted in a
form acceptable to the Commission and is sufficient in amount to guarantee
the construction of the access road. The applicant shall demonstrate that
adequate provision has been made for coverage for mail delivery, emergency
services, school transportation, snowplowing and other municipal services.
D.
Future street connections. Streets shall be laid out
to provide connections with existing streets on adjacent properties where
appropriate. When a subdivision adjoins undeveloped land, its streets shall
be laid out so as to provide suitable future street connection with the adjoining
land where it appears probable that the latter could be subdivided. Proposed
streets which may be continued into adjoining properties shall be carried
to the boundary line. Rights-of-way for future streets shall have proper width
for the street classification, with suitable sloping and drainage rights,
and shall be conveyed by warranty deed to the Town of Old Lyme. The Town shall
not bear responsibility for construction of the future street connection but
shall make the right-of-way available to the developer of adjacent land, who
shall be responsible for such construction as part of subdivision improvements
to the adjacent land.
E.
Street widening.
(1)
No increase in width of a street right-of-way will be
permitted beyond the minimum width specified in these regulations, when the
purpose of such widening is to create additional street frontage for additional
proposed lots.
(2)
Where the proposed subdivision abuts an existing Town street which does not have the minimum right-of-way width required in Subsection H, the applicant shall convey to the Town sufficient land along such road as to permit its widening to conform to Town standards. The applicant shall also convey any necessary drainage easement or sloping rights necessary to improve the road to Town road standards. Where the Commission determines that the condition of the existing road is such that the approval of the subdivision could result in a potential safety hazard, the Commission may require that the applicant make improvements to the existing Town road to assure the safety of the residents of the new subdivision.
(a)
When the property to be subdivided abuts a state highway,
the applicant may be required to convey land for road widening or easements
for drainage or grading purposes to the Town of Old Lyme or the State of Connecticut
as appropriate.
(b)
Where a proposed street right-of-way is located adjacent
to a property boundary, which property is not owned by the subdivider, the
right-of-way shall have extra width or area necessary to accommodate all road
construction within the right-of-way without encroachment on the adjacent
land. The requirement may also be met by the acquisition of construction easements
and sloping rights from the adjacent landowner, provided that the rights are
in a form approved by the Commission.
F.
Street names. Streets which are designed to connect and
align directly with other streets shall bear the same name. No duplication
of street names shall be permitted, and similar sounding names shall be avoided.
Street names shall be appropriate to the character of the Town and, wherever
possible, shall reflect the geographic or historic aspects of the area in
which the street is located. All street names are subject to the approval
of the Commission.
G.
Street classifications. Classification of streets shall
be determined by the Planning Commission. A listing of road classifications
for roads within Old Lyme is included as an appendix to these regulations.[1] All proposed streets in the subdivision and any existing street
abutting the subdivision shall be classified as one of the following:
(1)
Arterial street. A major, heavily traveled road serving
as an artery for interconnection among large areas of Town or giving access
into or circulation within business or industrial areas.
(2)
Collector street. A moderately heavily traveled road
that is presently receiving, or has the potential to receive, traffic from
two or more local roads, private roads or dead-end streets.
(3)
Local residential street. A street primarily providing
access to abutting lots used for residential purposes, including dead-end
streets.
(4)
Private residential street. A street that is privately
owned and privately maintained. The creation of new private streets, previously
permitted under the Old Lyme Subdivision Regulations, is strongly discouraged
under these current regulations, except where the Commission determines that
the creation of a private street is an amenity that enhances the character
of the overall subdivision development plan, which determination shall be
at the sole description of the Commission. An existing private street is one
that is clearly identified on a filed subdivision plan or which was existing
prior to the adoption of subdivision regulations by the Town of Old Lyme.
(a)
A private street is subject to the restriction that such
street shall not to be offered to, accepted by, or maintained by the Town
of Old Lyme. In general, a private street is a street owned and maintained
by a legally constituted homeowners' association and constructed in accordance
with the standards for private streets which are were part of the subdivision
regulations at the time of approval of the subdivision.
(b)
Private streets shall be constructed to standards established
for local residential streets. In addition, private streets shall be owned
in fee and without encumbrance except as permitted below, by an association
of lot owners incorporated under the laws of Connecticut. The instrument of
association shall be in form and language approved by the Commission and the
Commission's counsel and shall contain at least the following provisions:
[1]
The power to levy assessments against the owners of lots
within the subdivision enforceable by lien.
[2]
Covenants to maintain the street in good and safe condition,
to make all required repairs, and to undertake snowplowing and refuse collections
at no expense to the Town of Old Lyme. Said covenants shall be expressly enforceable
by the Town as a third party beneficiary.
(5)
Dead-end street. A cul-de-sac, or street enclosed at
one end by building lots or open space, and which will not be extended in
the future, shall meet design standards for local residential streets. The
Commission may require that a temporary dead-end street which may terminate
at property which is currently undeveloped but which may be developed at a
future date shall be constructed to standards for a collector street if it
appears probable or desirable that such street serve as a collector street
in the future.
(a)
Dead-end streets may be allowed under the following conditions:
[1]
Where, in the opinion of the Commission, a dead-end street
is the best design for the property, based on its shape and relation to other
adjacent properties;
[2]
To provide access to buildable rear land, where the street
cannot be extended due to some existing improvement or obstruction, such as
topography or wetlands; or
[3]
Where the cul-de-sac is a temporary solution pending
future development.
(b)
Maximum length and number of building lots accessed by
a dead-end street. In general, dead-end streets shall not be longer than 1,200
feet from the nearest intersection having more than one outlet and shall not
provide access to more than 30 building lots. Temporary dead-end streets,
which may be projected into adjoining property at some future date, may exceed
such length but shall not exceed a reasonable interim length for safe and
convenient vehicular access, including emergency vehicles, as determined by
the Commission. Such length may be exceeded where, in the opinion of the Commission,
public safety can be assured through incorporation into the subdivision design
of intermediate turnouts, emergency access roads, or other devices to relieve
traffic congestion and provide safe access for fire and emergency services.
(c)
Turnarounds. A paved and landscaped turnaround shall
be provided at the closed end of all permanent or temporary dead-end streets.
For streets serving more than 10 lots, the turnaround shall be circular, with
a right-of-way radius of 60 feet and a minimum paved radius of 55 feet, or
may include a center island circled by a street at least 20 feet wide. For
streets serving 10 lots or fewer, the turnaround may be a T- or Y-shape, as
approved by the designated reviewing engineer. Right-of-way for a turnaround
on a temporary dead-end street shall be provided by means of a temporary easement
accompanied by a notation on the subdivision map providing for automatic termination
of the easement upon extension of the street. The Commission may further require
that the temporary cul-de-sac be removed at such time as the street is extended.
(d)
Dead-end streets shall not be used to provide access
to additional lots beyond those approved as part of a subdivision plan, unless
specifically authorized by the Commission. The Commission reserves the right
to refuse access to additional lots based on the character and capacity of
the dead-end street.
[1]
Editor's Note: See Appendix A at the end of this chapter.
H.
Street pavement and right-of-way widths:
|
Street Classification
|
Width of Right- of-Way
(feet)
|
Width of Shoulder (unpaved)
(feet)
|
Width of Traveled Portion of Pavement (feet)*
| |
|---|---|---|---|---|
|
Arterial
|
60
|
10
|
38
| |
|
Collector
|
60
|
8
|
26-28**
| |
|
Local residential
|
50
|
4
|
22
| |
|
Dead-end street (serving up to 30 lots)
|
50
|
4
|
20
| |
|
*When curbing is necessary, the width of the curbing shall be added
to the width of the traveled portion of the pavement.
| ||||
|
**The Commission shall determine the required road width based on an
evaluation of the probable future traffic patterns and future density of the
area using the collector.
| ||||
(1)
Right-of-way width. Right-of-way widths shall be as listed
above, unless an alternative width is approved by the engineer reviewing the
plan or other authorized agent on behalf of the Town to accommodate field
conditions. Widths in excess of the above minimum for the right-of-way may
be required to accommodate unusual construction features such as deep cuts
or fills, as well as other safety considerations. In cases where the required
minimum presents a hardship, the adjoining land may be subjected to an easement
for sloping rights, where approved by the reviewing engineer. The Commission
shall approve the provisions and wording of the easement.
(2)
Clearing of the right-of-way. Clearing within the right-of-way
shall be the minimum necessary to construct improvements and establish adequate
sight lines, as determined by the reviewing engineer.
I.
Street alignment, gradient and sight distances. Street
alignment and sight distances shall be based on a design speed of 35 miles
per hour for arterial streets and collector streets and 25 miles per hour
for local residential streets, regardless of posted speed, unless such posted
speed is higher.
|
Street Classification
|
Minimum Radius Horizontal Curves (feet)
|
Maximum % of Grade
|
Minimum Stopping Sight Distance
(feet)
| |
|---|---|---|---|---|
|
Arterial
|
250
|
10
|
250
| |
|
Collector
|
200
|
10
|
200
| |
|
Local residential
|
155
|
12
|
200
|
(1)
Horizontal alignment. Changes in horizontal alignment
shall be connected by curves with a center-line radius in accordance with
the above table. Any abrupt reversal in horizontal alignment should be avoided.
There shall be a minimum tangent distance of at least 50 feet between reverse
curves for local residential streets and 150 feet for all other street classifications.
(2)
Vertical alignment. Changes in vertical alignment shall
be connected by vertical curves to ensure adequate sight distance in accordance
with the design speeds and minimum stopping distances specified above. Vertical
curves shall have a minimum length of at least 100 feet, unless the reviewing
engineer requires a longer distance or approves a shorter distance to accommodate
natural terrain.
(3)
Grade. The maximum grade shall be as shown above. A minimum
grade of 1.0% is required for drainage purposes.
J.
Intersections.
(1)
No more than two streets shall intersect at any one location.
(2)
Intersections of two local residential streets shall
be spaced not less than 200 feet apart measured between center lines. Intersections
of all other street classifications shall be not less than 400 feet apart,
measured between center lines, unless otherwise approved by the reviewing
engineer.
(3)
Except where impractical because of topography or other
conditions, local residential streets shall be perpendicular to intersections
for a distance of at least 100 feet, and arterial and collector streets shall
be perpendicular to intersections for at least 150 feet. Intersections may
be up to 25º off square where permitted by the Commission.
(4)
The minimum radii of curblines shall be not less than
20 feet at the intersection of two local residential streets, not less than
25 feet at the intersection of local residential streets with other street
classifications, and not less than 35 feet for all other intersections. The
Commission may require greater radii where the angle of intersection is less
than 90º.
(5)
At intersections, the gradient of proposed streets for
a distance of not less than 100 feet from the center of the intersection shall
not exceed 2% for arterial streets, 3% for collector streets, and 4% for local
residential streets.
(6)
Intersections shall be planned and located to provide
as much sight distance as possible. The visibility at intersections shall
be such as to allow a stopped vehicle on the intersecting roadway to see,
and be seen from, a vehicle approaching from either direction along the intersected
roadway at a distance of not less than 200 feet for local residential street
intersections and greater distances for other types of intersections based
on design speeds. A sight line demonstration plan may be required by the reviewing
engineer.
K.
Curbing. Curbs shall be constructed along the edge of
street pavement of all streets, unless waived by the Commission. Where curbing
is not required, swales must be constructed to direct storm drainage to a
suitable discharge location away from the road. Curbing shall be modified
Cape Cod curbing unless otherwise approved by the Commission.
L.
Shoulders and slopes.
(1)
Use of shoulders as drainage swales. Where swales are
approved by the Commission to carry off stormwater, such swales shall be not
less than six feet wide and of sufficient depth to carry off stormwater expected
in a fifty-year storm. Where high runoff velocities can be anticipated, swales
shall be stabilized with stone or riprap. No driveway shall cross a drainage
swale unless provision is made through piping or grading so as not to impede
flow of runoff.
(2)
Slope grading. Within shoulder areas, land shall be graded
so as to slope toward the curb where the road is in cut or away from the curb
where the road is in fill. In either case, the cross slope of the shoulders
shall be one inch per foot. Areas outside of the shoulders shall be graded
up or down to existing grades, at a slope not greater than three feet horizontal
to one foot vertical, unless other structural measures are provided to retain
the slope. In rock cuts, slopes of one foot horizontal to not more than six
feet vertical shall be allowed, but care shall be taken to ensure that all
exposed rock is stable and free from faults, cracks or other infirmities which
might lead to collapse or flaking. The Commission may require a decrease in
the amount of slope to whatever extent necessary to maintain stability of
cut slopes under soil conditions encountered during construction. Fill shall
be placed and compacted so as to minimize sliding or erosion of fill. Adequate
provision shall be made to prevent surface water from damaging the cut face
of the excavation or the sloping surface of the fills. Grading shall be done
in such a manner that no water shall be diverted onto the property of another
landowner without the express consent of that landowner or the Commission.
(3)
Slope rights. Cuts and fills shall not endanger adjoining
property. No cut or fill slopes shall extend beyond the property line unless
appropriate slope rights are acquired. Such slope rights shall provide a perpetual
right, running with the land in favor of the Town of Old Lyme, to enter upon
said private property for purposes of constructing, maintaining and repairing
such slopes. In the absence of slope rights, appropriate retaining walls shall
be constructed to prevent encroachment on adjoining private property.
M.
Guide rails. Guide railing shall be installed wherever
necessary for safety purposes, including along all streets where there will
be an embankment with a depth of four feet at the toe of the embankment slope,
unless the slope is less than 6:1. Guide rails shall also be installed at
all culverts. Guide rails shall conform to the Town's Design and Construction
Standards.
N.
Streetlighting.
(1)
Location. Road lighting shall be provided if required
by the Commission at any location where illumination is necessary to minimize
the risk of accident involving vehicles or pedestrians or to assure safe and
convenient vehicle and pedestrian passage.
(2)
Type. Lighting standards and luminaries shall be of such
type and design and shall be so located as to safeguard against discomfort
glare and disability glare and avoid adverse effects from illumination upon
the use, enjoyment and value of adjacent property.
(3)
Lighting shall conform to the requirements of the Town's
Design and Construction Standards.
O.
Street name signs, traffic aids, and regulatory signs.
(1)
When required by the Commission, street name signs shall
be installed at all intersections. Such signs shall be designed and erected
in such places and manner as to assure clear legibility by vehicle operators
and shall conform to the size and design currently in use by the Town.
(2)
When required by the Commission or Board of Selectmen,
stop signs, dead-end signs, caution signs and other traffic regulatory devices
and aids shall be provided in such places as may be necessary to minimize
the risk of accidents involving vehicles or pedestrians or to assure safe
and convenient vehicle and pedestrian passage. Such traffic regulatory devices
shall conform to the most current state standards with respect to design,
construction and placement.
(3)
At its discretion, the Town of Old Lyme may provide and/or
install necessary new road signage and may charge the developer for the cost
of procurement and installation of road signs.
P.
Location of utilities. Utility lines, whether above or
below ground, should be located so as to minimize the need for later adjustment
and to permit servicing with minimum interference to street traffic. Longitudinal
installations should be placed within the road right-of-way, outside of the
curb or edge of paved portion of the roadway, as close as possible to the
right-of-way line. If sidewalks are present, utility lines should be located
at least one foot behind the outside edge of the sidewalk. Whenever possible,
facilities under the pavement should be limited to lateral service connections.
If a need for additional utility lines is anticipated in the future, utility
sleeves shall be placed under the full width of the pavement before placing
the pavement. Utilities shall be installed in accordance with the Town's Design
and Construction Standards.
Q.
Additional requirements for streets. Additional requirements
for street design and construction are set forth in the Town's Design and
Construction Standards.
The Commission may require the installation of sidewalks in pedestrian
easements, on local streets in the vicinity of schools and playgrounds, and
in other places deemed proper by the Commission for public necessity and safety.
When sidewalks are required, plans for the sidewalks shall be shown on the
construction plans. Sidewalks shall be a minimum of four feet in width and
shall be located within the street lines, with one edge abutting the property
line unless otherwise authorized by the Commission.
A.
Sidewalk construction. Unless otherwise approved by the
Commission, sidewalks shall be constructed of portland cement concrete, shall
be a minimum of five inches thick and shall be constructed on a gravel base
having a minimum compacted thickness of eight inches. All materials and construction
methods shall conform to the requirements of the state standard specifications
for concrete sidewalks. Alternative materials may be approved by the Commission
where the character of the area and the anticipated level of use permit, in
accordance with the requirements of the Town's Design and Construction Standards.
B.
Pedestrian easements. In areas where the proposed street
system does not conform to a convenient pattern of pedestrian circulation,
particularly in the vicinity of parks, schools, playgrounds or other public
or semipublic places, the Commission may require the establishment of easements
for pedestrianways, which shall be a minimum of 10 feet in width.
C.
Bikeways. The Commission may require bikeways to be constructed
when deemed necessary or appropriate for public safety and when such bikeways
will contribute to an integrated system of bikeways providing an alternative
means of transportation for the Town. A bikeway may be either a separate trail
or path for the exclusive use of bicycles, or a portion of the roadway which
has been designated for preferential or exclusive use of bicycles, separated
from the roadway by a paint stripe or curb or other similar device.
Each lot shall be capable of being provided with adequate and safe means
of sewage disposal and water supply on a continuous, long-term basis to meet
the requirements of uses permitted on the lot under the Old Lyme Zoning Regulations.
A.
Public water.
(1)
The Commission may require public water supply connections
and/or extensions to be made available to each lot in any subdivision:
(2)
Where such service is available, each lot shall be served
by, and provided with, a curb connection to a central water supply system.
Such system and connection shall meet all the technical and administrative
requirements of the Public Health Code of the State of Connecticut as interpreted
by the Old Lyme Director of Health or the Director's designated representative,
and of the utility company providing the service. The Commission may approve
individual private wells if it determines that a central water system is not
available or cannot reasonably be provided or extended by the applicant to
serve one or more lots. If a public water supply is to be used for the subdivision,
the applicant shall submit written evidence of agreement by the water company
to provide a safe and adequate public water supply.
B.
Private water supply.
(1)
If private water supply wells for individual lots are
proposed, the applicant shall submit written evidence that the Old Lyme Director
of Health or the Director's designated agent concurs with the adequacy of
the plans for a permanent water supply and that such private wells can be
located in compliance with the separation requirements of the Public Health
Code of the State of Connecticut or the ordinances and special acts of the
Town of Old Lyme, whichever are more restrictive.
(2)
For any subdivision containing 20 or more lots in which
private water supply wells are proposed, the Commission may require a water
study, prepared by a certified hydrogeologist, addressing the adequacy of
groundwater supplies and the effect of the proposed subdivision on surrounding
wells. Such water study shall be submitted to the Director of Health for review.
Written evidence shall be provided that the Director of Health or the Director's
designated agent concurs with the adequacy of the plans for a permanent water
supply.
A private subsurface sewage disposal system shall be provided for each
lot in accordance with the Connecticut Public Health Code, latest revision,
or the ordinances and special acts of the Town of Old Lyme, and any applicable
regulations and standards of the Connecticut Department of Environmental Protection,
whichever are more restrictive. No proposed lot shall be approved unless a
written report endorsed by the Old Lyme Director of Health, or the Director's
designated agent, is submitted to the Commission concurring with the adequacy
of plans for sewage disposal facilities.
A.
Soil tests required. If private subsurface sewage disposal systems on individual lots are proposed, percolation tests and deep observation pits shall be required on each lot, in the vicinity of the primary and reserve leaching areas, at the subdivider's expense. These tests shall be conducted to conform with requirements of the Connecticut Public Health Code or the ordinances and special acts of the Town of Old Lyme, whichever are more restrictive. The Director of Health or the Director's designated agent may prescribe the location and depth of tests, number of tests, specifications for testing, season of year necessary for valid testing, and stage of site preparation suitable for relevant testing. All soil tests shall be witnessed by the Director of Health or the Director's designated agent, whose findings and recommendations shall be submitted to the Commission. All proposed lots shall provide for a reserve leaching area in accordance with the Connecticut Public Health Code or the ordinances and special acts of the Town of Old Lyme, whichever are more restrictive. The location, test dates and results of deep test pits and percolation tests shall be shown on detailed layout maps as required in § 219-29.
B.
Site capacity for individual lots and site capacity for
multiple lots. Using the Minimum Leaching System Spread (MLSS) criteria in
the Connecticut Public Health Code or the ordinances and special acts of the
Town of Old Lyme, whichever are more restrictive, the applicant shall demonstrate
to the satisfaction of the Commission's reviewing engineer that each proposed
lot can accommodate a subsurface sewage disposal system for a single-family
residence having four bedrooms. The applicant may be required to demonstrate
that the cumulative effect of all the sanitary systems to be built in the
subdivision will not degrade the groundwater quality at the boundaries of
the subdivision, the total sewer shed area, or at areas of concern, including
wetlands and ledge outcroppings. The analysis of the cumulative effect shall
include, but not be limited to, nitrogen renovation, bacteria renovation,
and hydraulic capacity.
C.
Larger lots. When the results of deep test pits and percolation
tests indicate a need for larger lots, final approval of the subdivision plan
shall not be granted until such larger lots as required are shown on the maps.
D.
Septic systems in special flood hazard areas. For lots
in special flood hazard areas, the applicant shall submit a report by a professional
engineer, currently licensed in the State of Connecticut, giving assurances
that each lot is capable of accommodating an on-site sewage disposal system
in a manner that avoids impairment of the system and contamination from the
system during flooding.
A stormwater management system shall be designed and constructed for
each subdivision to provide for the efficient drainage of the subdivided land
and surrounding lands which normally drain across the areas of the proposed
subdivision. The stormwater management system shall accommodate collection
and discharge of stormwater on the development site, while adequately mitigating
downstream impacts from any alteration of stormwater discharge characteristics
resulting from the subdivision. Such alterations include changes in the rate
and volume of discharge, changes in the duration of discharge and time to
peak discharge, and alteration of water quality characteristics.
A.
General design requirements for stormwater management. When a stormwater management plan is required in accordance with § 219-29C of these regulations, the stormwater management design shall meet the following general criteria, in addition to any other requirements:
(1)
Subdivisions shall be designed to provide effective management
of stormwater runoff. The volume of stormwater runoff generated shall be minimized
by keeping total impervious surface area within the subdivision to a minimum.
Reducing the volume of stormwater runoff will result in less potential for
on-site and downstream flooding and fewer pollutants being transported from
the development site.
(2)
Where the proposed development is likely to cause an
increase in the volume or rate of stormwater runoff so as to overload the
existing drainage system, causing flooding and damage downstream, measures
shall be taken by the developer to prevent or alleviate such harmful effects.
Potential adverse impacts from changes in discharge characteristics shall
be minimized through use of structural and/or natural control measures. A
zero-percent increase in discharge characteristics is not mandated for all
subdivisions but may be required in certain cases where existing downstream
land use or property is shown to be subject to flooding. Natural runoff detention
or retention capacity of adjoining inland wetlands may be used as a mitigating
factor in determining the scope of downstream impacts and the extent of on-site
drainage control measures warranted.
(3)
Storm drainage within the subdivision shall be designed
and constructed to be capable of accommodating all additional runoff which
can reasonably be expected to result from future development of the drainage
area upstream of the subdivision and which will drain through the subdivision.
(4)
Diversion prohibited. Due consideration shall be given
to minimizing the disruption of existing drainage patterns. In general, stormwater
runoff shall not be diverted from one watershed or watercourse to another.
B.
Discharges.
(1)
All stormwater from the subdivision shall be discharged
only to suitable streams or rivers, or into Town or state drains, ditches,
or other Town or state drainage facilities with adequate capacity to carry
the additional water. Where the discharge is onto private property adjoining
the subdivision, proper easement and discharge rights shall be secured by
the applicant prior to approval of the subdivision plan. Discharge shall be
designed with particular regard to discharge points and velocities and in
a manner that protects streams and wetlands from pollution and flooding due
to increase in runoff.
(2)
If the Commission determines that, in its judgment, there
will be no substantial danger to the public health and safety, the Commission
may approve, on lots of one acre or larger, the discharge of stormwater in
open ditches, swales, or detention basins, except that such structures shall
not be located in that portion of the lot customarily used for front and side
yards or which might be used for on-site sewage disposal or water supply systems.
C.
Additional requirements for stormwater management. Additional
requirements for stormwater design and construction are set forth in the Town's
Design and Construction Standards.
A.
Land for parks, playgrounds, recreation areas and open
spaces shall be provided and reserved in each subdivision. The land reserved
shall be of such location, size, location, shape, dimensions, topography and
natural character as to satisfy the open space needs as determined by the
Commission.
(1)
Such needs may include, but are not limited to, the following:
(a)
Preservation of natural resources such as, but not limited
to, unusual topography, wetlands, aquifers, agricultural land, wildlife habitat,
visual corridors and vistas;
(b)
Retention of natural drainageways;
(c)
Avoidance of undifferentiated sprawl patterns and provision
for visual edges, focal points and centers to enable people to relate to their
surroundings and to integrate or separate various types of uses and activities;
(d)
Provision for passive and active recreation;
(e)
Enhancement of historic and cultural activities and locations;
and
(f)
Maintenance of scenic quality.
(2)
The reservation of land shall conform, to the greatest
extent possible, to any plan for parks, playgrounds, recreation land, conservation
or open space which has been formally adopted by the Planning Commission,
Old Lyme Inland Wetlands Commission, or other official Town board or agency.
[Amended 1-26-2004]
B.
Open space dedication requirement. In determining the
need for reservation of open space, the Commission shall be guided by, but
not limited to, a standard of 15% of the land area of the subdivision and
a minimum reservation area of one acre. In determining the need for open space,
the Commission shall take into consideration the size of the subdivision and
any existing parks, playgrounds, recreation areas and open space in the neighborhood.
C.
Access and location. The area or areas reserved for open
space shall be laid out so as to be used in conjunction with and linked to
similar areas in adjoining subdivisions or of probable fixture subdivisions.
Open spaces shall be easily accessible and shall be situated so as to preclude
grouping of lots and open spaces in the extremities of the property, unless
the lots or open space is functionally linked with adjacent development. The
Commission may require that proper pedestrian and vehicular access be provided
for each such open space reservation.
D.
Coastal waterfront sites. In such cases where the proposed
subdivision site abuts coastal waters, the Commission may require such open
space in the form of public access to and along the waterfront.
E.
Condition of land. Land reserved for open space shall not be used for the storage of equipment or the deposit of debris. The land so reserved shall not be excavated, filled or regraded, and trees shall not be removed therefrom, except in accordance with a grading plan submitted under § 219-28H.
F.
Methods of open space reservation. Open space areas shall
be permanently reserved for the designed use by means acceptable to and approved
by the Commission, such as, but not limited to, the following:
(1)
Deeded to the Town of Old Lyme. Where open space areas
are to be conveyed to the Town, the applicant shall convey them at the stage
and in the condition agreed upon in connection with the processing and approval
of the subdivision.
(2)
Deeded to a nonprofit organization acceptable to the
Commission. Such nonprofit organization shall be a private nonprofit, non-stock
corporation which has as its purpose the preservation of open space land.
The deed to such organization shall contain language satisfactory to the Commission
requiring that the land be held in perpetuity as open space land. If open
space is to be conveyed to a nonprofit organization, the Commission may require
that a copy of the organization's certificate of incorporation be submitted
for its review. The deed to the organization shall contain the provision that
in event of the dissolution of the corporation, the property shall be conveyed
to the Town of Old Lyme, or to a nonprofit corporation, at the discretion
of and subject to the approval of the Commission. The Commission shall have
the right to reject any proposal for the transfer of open space land to a
private nonprofit organization if the Commission determines that such conveyance
would not be in the best interest of the Town.
(3)
Held in corporate ownership by owners of lots within
the subdivision. Open space may be conveyed by warranty deed to a homeowners'
association within the subdivision upon such terms and conditions as specified
by the Commission. When tracts are conveyed in this manner, a copy of the
bylaws of the homeowners' association shall be submitted as a part of the
application for the subdivision. Membership in such corporation shall be mandatory
for all lot owners within the subdivision. Each deed conveyance to lot owners
shall include the provisions of the declaration of rights and responsibilities
in regard to open space and shall be recorded in the Old Lyme Land Records.
Wording on each deed shall state that such open land is reserved for use only
as open space in perpetuity.
(4)
Perpetual easement. Where the right of use, interest
or privilege, short of fee ownership in the open space owned by another, is
obtained by the Town or acceptable nonprofit organization, a deed shall be
required stipulating that the owner transfers development rights to and open
space or scenic easements over the land. The fee owner shall retain the fee
title to the premises and all incidents of fee ownership therein, except the
right to construct any structure, sign, fence, or other improvement thereon,
or to alter the contours thereof. Minimum lot requirements cannot be satisfied
by use of land dedicated to open space.
G.
Conditions of open space conveyance. Title to the open
space land shall be unencumbered and shall be transferred at a time approved
by the Commission and, in any case, not later than the time at which title
to the streets in said subdivision is accepted by the Town.
H.
Deed guaranties. Regardless of the method employed, the
instrument of the open space conveyance must include provisions, suitable
to the Commission and the Commission's counsel, for guaranteeing the following:
(1)
The continued use of such land for the intended purpose;
(2)
Continuity of proper maintenance for those portions of
the common open space land requiring maintenance;
(3)
When appropriate, the availability of funds required
for such maintenance; and
(4)
Recovering of loss sustained by casualty, condemnation
or otherwise.
I.
Fee in lieu of open space. In lieu of the above requirements to provide land for open space purposes, the Commission may authorize the subdivider to pay a fee to the Town, or provide a combination of land and fee, in accordance with the provisions of C.G.S. § 8-25. The Commission may consider payment of such fee when it determines, in its sole discretion, that there is not a suitable area within the subdivision with which to meet the requirements of Subsection B or that there are other areas within the Town, the preservation of which would be more beneficial to the Town. The amount of the fee and its method of payment shall be in accordance with the procedures set forth in C.G.S. § 8-25. The payment option shall be secured by a lien against each lot in the subdivision, which shall be filed at the time that the final subdivision plans are filed in the office of the Town Clerk. The lien shall be in a form approved by the Commission and shall be unencumbered by any mortgage or encumbrance having priority over said lien, as evidenced by a current certificate of title, required in § 219-30.
A.
In order to assure that all new development has an adequate
water supply for fire protection purposes, the Commission may require that
a fire well or fire pond be constructed in connection with the new subdivision.
Prior to the submission of a subdivision application to the Commission, the
applicant shall consult with the Old Lyme Fire Department to determine whether,
in the opinion of the Fire Department, a new water supply is necessary. The
applicant shall be required to demonstrate that the proposed water supply
meets or exceeds the minimum requirements of such national and state standards
as the Fire Department deems applicable to the subdivision application.
B.
Such fire well or pond shall be installed at the expense of the developer and the cost of such shall be included in the bond. The design, location and construction must be approved by the Commission. When a fire well, fire pond or appurtenance thereto is part of a subdivision application, the plans must be submitted to the Fire Department for review and written approval. Evidence of approval shall be submitted to the Commission as part of the subdivision application. The applicant shall identify the person or organization responsible for all maintenance of water supply facilities. All underground water storage tanks shall have a minimum capacity of 20,000 gallons, and their design, location and capacities shall be approved by both the Old Lyme Fire Department and the Fire Marshal's Office. Such required water sources shall be installed at the expense of the developer and the cost of such shall be included within any security which is posted with the Commission under § 219-14. Such water sources are to be installed prior to the issuance of any certificate of occupancy on new dwellings within the subdivision.
C.
The applicant shall submit legal documentation providing
for the named title holder of said fire pond, together with provisions for
the legal access to said fire pond by the Town of Old Lyme and its respective
Fire Department. The documentation shall also provide for the legal maintenance
of said fire pond, which documentation shall further provide for liability
coverage in favor of the Town of Old Lyme, which documentation shall be approved
by the Commission's counsel.
Monuments and pins shall be installed in accordance with the following
requirements:
A.
Permanent monuments. Permanent monuments shall be installed
at all points of change in direction or curvature of new streets along the
line separating the street right-of-way and the adjoining property and at
other points as shown on the final plan and where, in the judgment of the
Commission, permanent monuments are necessary. Granite or concrete monuments
at least 30 inches in length, dressed to at least four inches square at the
top and with a cross or a three-eighths-inch hole drilled to a depth of 1/2
inch in the center of the top, shall be set to a height of four inches above
the finish grade. No permanent monuments shall be installed until all construction
which could destroy or disturb the monuments has been completed. In the event
that any monument is destroyed or disturbed during construction of subdivision
improvements, the monument shall be replaced or repositioned prior to release
of the subdivision construction bond. In cases where large boulders, surface
ledge, or stone walls are present, an iron pin may be substituted for the
monuments described above in this subsection.
B.
Lot markers. Permanent monuments as described above shall
be installed at all lot corners. At other points of change in direction along
property lines, the applicant shall have a choice of drill holes or permanent
monuments. During construction, it is permissible to use temporary surveyor's
stakes to delineate boundaries.
C.
Open space markers. Monuments shall be installed at all
corners and at intervals no greater than 200 feet along the boundaries of
all open space parcels. Rights-of-way to open space parcels which are 50 feet
in width or less shall be marked at intervals no greater than 100 feet.
D.
Driveway access markers. Driveway access strips for all
rear lots shall be marked with monuments or brass pins on both sides at intervals
of not more than 100 feet for the length of the access strip.
E.
Certification of installation. The accurate placement
and location of markers and monuments shall be certified by a land surveyor
and the cost of such shall be included in the construction bond. In subdivisions
where property markers are the only improvement, the applicant may choose
to have the markers installed prior to filing the subdivision plan in lieu
of posting a security for marker installation.
A permit to connect a new driveway to a state highway must be obtained
from the Connecticut State Department of Transportation. A permit to connect
a new driveway to a Town road must be obtained from the office of the First
Selectman, in accordance with the Town's Design and Construction Standards.
A.
Driveway paving and drainage. All driveways shall be
provided with paved aprons between the paved portion of the street and the
edge of the street right-of-way. Driveways to individual lots shall be located,
designed and constructed so as to prevent excess road drainage down driveways
or excessive driveway drainage onto public streets.
B.
Driveways shall not enter onto state highways or Town
roads classified as arterial or collector, except where no method of layout
other than entrance onto such roads is possible. In such event, driveways
shall be combined between lots wherever possible. Frontage where access is
restricted shall be so indicated on the subdivision plan.
C.
Safe driveway entrances with adequate sight lines for
safe vehicular entry onto a street shall be required for all lots, and adequate
vehicular turnarounds shall be provided within each lot.
D.
Driveways shall meet the construction requirements of
the Town's Design and Construction Standards.
E.
Requirements for shared driveways. In order to minimize
adverse environmental impacts of development, reduce the need for new driveway
cuts and provide access to developable land which is otherwise inaccessible
due to topographic conditions, the Commission may allow or may require common
or shared driveways to serve more than one lot. Whenever a shared driveway
is proposed, the following requirements shall be met:
(1)
All shared driveways shall be provided with a right-of-way
at least 25 feet in width. The driveway location shall allow the construction
of a driveway not exceeding 12% grade at any point.
(2)
The deed for any lot which utilizes a shared driveway
shall include all appropriate easements to pass and repass and to install
utilities as necessary. Further, the deed shall contain the provisions that
the access driveway shall not be used to access other property except for
agricultural purposes and that the Town of Old Lyme shall not ever be required
to plow, maintain, assume ownership or provide school bus service or other
services along the driveway access to such lot.
New electric, telephone and cable television wires within the subdivision
shall be installed underground unless the Commission determines, based on
a written report submitted by the applicant, that such underground installation
is inappropriate or unfeasible for all or part of the subdivision. In making
such a determination, the Commission shall take into account the type of service
existing in the area adjacent to the subdivision, topographic and construction
conditions, and the size of the subdivision. Requirements for underground
wires shall be noted on the subdivision plan.
Easements for access to and use of land outside a street right-of-way
shall be provided as required or approved by the Commission and shall be shown
on the subdivision map with adequate survey information so that the land subject
to easement may be accurately located by field survey and adequately described
in all legal documents. Easements shall be provided in at least the following
cases:
A.
For access to bridges and culverts by construction and
maintenance equipment;
B.
For stormwater pipes and other drainage features, water
mains and sanitary sewers and appurtenances shown on the plan, or which may
need to be installed in the future, such easements to be not less than 30
feet in width;
C.
For the full width of the channel, plus an additional
width of 10 feet for maintenance purposes, of any stream or drainage ditch
in the subdivision which will carry drainage runoff from any proposed street,
existing street or streets which may be constructed in the future on the undeveloped
land within the watershed;
D.
Easements for temporary turnarounds;
E.
Temporary construction easements for grading and other
construction work in the front 25 feet of each lot along a proposed street
where such grading is required;
F.
Sight easements across corners of lots at intersections
or other places where viewing is obstructed, to assure safe line of sight
on the street;
G.
Easements at least 10 feet in width for pedestrianways
to parks, playgrounds, schools and other public or semipublic places where
the street system does not conform to a convenient pattern of pedestrian circulation;
I.
Any other easements required under the Town's Design
and Construction Standards.
A.
Grading and stabilization. Except where otherwise specified
in these regulations, all areas disturbed by construction of roads, drainage
facilities and associated improvements that are not paved or occupied by structures
shall be properly graded to smooth uniform slopes, covered with topsoil to
a minimum depth, after settlement, of four inches and limed, fertilized, seeded
and mulched. All materials and construction methods shall conform to requirements
of state standard specifications.
B.
Landscaping. Center islands of turnarounds and median
strips, where permitted, shall be planted with low-growing shrubs and plants
that will allow full vision at all points, except that a tree or trees of
an approved species may be planted anywhere within five feet of the center
of the island of a turnaround. An ornamental boulder or grouping of rocks
or boulders may also be placed anywhere within five feet of the center of
the island of a turnaround. All plantings shall be such as to eliminate any
requirement for mowing, weeding or other forms of maintenance.
C.
Street trees. When required by the Commission, trees
provided by the developer shall be planted at the edge of the street line
or other suitable location, at a distance of 40 or 50 feet apart on both sides
of any street, subject to variations made necessary by driveways, street corners
and walks. Trees to be planted shall be of a caliper of 2 1/2 to three inches
or larger, with a minimum height of 10 feet. Such trees shall be planted,
protected and maintained using good horticultural practices. The species and
location of trees shall be subject to approval by the Commission. Existing
trees along the proposed street which conform to these regulations may be
substituted for new trees at the discretion of the Commission. The Commission
may require the subdivider to post satisfactory surety to cover sufficiently
the estimated cost of such trees.
D.
Maintenance of landscaped areas and street trees. All
areas stabilized by vegetation, all landscaped areas, and all street trees
shall be properly maintained by the person or firm constructing the road,
drainage facilities and associated improvements until permanent growth of
such plantings has been established to the satisfaction of the Commission.
E.
Disposal of construction debris. No on-site burial of
construction debris, brush or stumps is permitted, except that large boulders
and other earth materials may be disposed of on site only with the explicit
written approval of the Commission. Any area used for disposal of large rocks
or other earth materials shall be shown and designated on the subdivision
plan as a "rock disposal area."
