Each subdivision or resubdivision is an addition to the developed area of the Town of Orange and to a residential, commercial or industrial neighborhood that may be adjacent and, when completed, will have used some of the increasingly scarce open land in the Town. The plan of subdivision shall be prepared with due consideration for the policy of these Regulations set forth in § 382-3 and for coordination with systems of streets, pedestrian and vehicular traffic circulation, drainage, water mains, sanitary sewers, wetlands, water courses, open spaces, parks and playgrounds within the Town and the adjacent neighborhood. Standards applicable to the planning and design of subdivisions are hereinafter specified. Plans for streets, drainage, sanitary sewers and other facilities constructed to serve the subdivision, and grading, are subject to review by the Town Engineer/Director of Public Works, and such facilities, when offered for dedication for public use and maintenance, are actually accepted by the Town only by action of the Board of Selectmen of the Town of Orange.
[Amended 2-17-2004]
The plan of subdivision shall be in harmony with any plan of conservation
and development, adopted by the Commission under Chapter 126 of the Connecticut
General Statutes for the Town or the neighborhood encompassing the subdivision,
particularly with regard to location and classification of streets; sanitary
sewer, water supply and drainage systems, and their service areas; reservation
of land for parks, recreation and open space; and conservation of wetlands,
water courses, ground and surface water quality and other natural resources.
The plan of subdivision, when encompassing land within the coastal boundary,
as defined in the Connecticut Coastal Management Act, shall also be in harmony
with the municipal coastal program, adopted by the Commission under Chapter
444 of the Connecticut General Statutes.
Building lots shall be of such shape, size, location, access, topography
and character as to be occupied and used for building purposes, whether for
dwelling, business, industrial or other purposes as permitted by law, without
danger to the health and safety of the occupants, the neighborhood and the
public. Any proposed lot or land, which in its natural state is found unsuitable
for occupancy or building by reason of high groundwater, flood hazard conditions,
ledge rock or similar conditions, shall be merged with another suitable lot
or land but may in the future be proposed to be established as a lot after
resubdivision and demonstration of suitability for occupancy or building.
Proposed building lots shall also conform to the following standards:
A.
Zoning: Each lot shall conform to no less than the minimum requirements of Chapter 383, Zoning, of the Town of Orange, Connecticut, and shall, upon consideration of topography, soil conditions, slope, wetlands, water courses, flood hazard areas and adjacent streets, be capable of use for building purposes in compliance with such regulations.
B.
Terrain: Building lots shall be planned to make best
use of the natural terrain, to conserve substantial trees, stone walls and
water resources and to be capable of typical building use without unusual
or excessive cuts, fills, ledge removal or retaining wall construction.
C.
Minimum access: Each lot shall have frontage on a street in the Town of Orange that is accepted by the Town, that is a state highway other than a limited access state highway or that is a street proposed in a plan of subdivision approved by the Commission, which frontage shall conform to Chapter 383, Zoning, as provided in Subsection A. Each lot shall be capable of accommodating vehicular access to any parking space or spaces or garage on the lot by means of a driveway on the lot having a grade no greater than 10% in residential, commercial and industrial areas, and within the street right-of-way having grades that conform to the standard cross section for the street and with suitable transition grades not exceeding 4%.
[Amended 2-17-2004]
D.
Alternate access: It is the intent of these Regulations to avoid establishment of lots that may be usable only with unsafe or marginally safe driveway access to a street or that result in multiple driveway development onto Major Streets as classified in § 382-23A. Where suitable alternate access is available on a collector, or a residential or commercial street designated under § 382-23A, access to the major street may be prohibited on the plan of subdivision. The Commission may require the provision of frontage streets, reversed lots with access to interior residential or commercial streets, combined driveways or other treatment where deemed necessary to protect the capacity of and safety on a major street.
E.
Lot drainage: All lots shall be so graded and drained
as to be usable for typical building development and to prevent drainage problems
on adjacent streets and lots within and outside the subdivision.
F.
Lot numbers: All lots shall be numbered consecutively
beginning with the numeral "1." Adjoining sections of subdivisions having
the same name shall have consecutive lot numbers.
G.
Lot lines: Insofar as practicable, the side lot lines
of all lots shall be at right angles or radial to the street on which the
lot has frontage. It shall be within the discretion of the Commission to disapprove
any lot crossed by a municipal boundary line, and in the event of such disapproval,
that boundary line shall be made to constitute one of the lot lines.
Water supply, sewage disposal and other utilities shall be provided
for each lot in the plan of subdivision as follows:
A.
Water supply. Public water supply shall be provided to
all lots when located within an area served by public water supply. For proposed
lots in an area not presently served by public water, the preferred option
is to provide public water to all lots in the new subdivision by extending
the public water service area. In the event the Commission finds, based upon
evidence submitted by the applicant, that the extension of public water lines
would pose extreme difficulty, the Commission may, at its own discretion,
consider the following alternative: Provide each individual house with fire
sprinklers in a design approved by the Fire Marshal of the Town of Orange.
The Plan and Zoning Commission shall make the final determination if the applicant
has sufficiently demonstrated that it would be extremely difficult to extend
the public water lines after receiving input from the Regional Water Authority,
the Fire Marshal, and the Director of Health or his agent. Use, location and
design of individual on-site wells on lots shall be approved by the Director
of Health of the Town of Orange, or the authorized agent of the Director,
in accordance with the State Public Health Code.
[Amended 2-17-2004]
B.
Sewage disposal:
(1)
Each lot shall be provided with adequate and safe means of sewage disposal on a continuous, long term basis to meet the requirements of uses permitted on the lot under Chapter 383, Zoning, of the Town of Orange. Each lot that is not to be served by the Town of Orange or other municipal sanitary sewer systems shall conform to the following:
(a)
Within the minimum lot area under Chapter 383, Zoning, of the Town of Orange, each lot shall contain a continuous area of 25,000 square feet or more that in its natural state, based upon soil sampling, percolation tests and test pits, includes no wetlands, ledge outcrops, and areas containing slopes of 25% or more grade and has a site or area for a leaching system and 100% reserve or expansion leaching system demonstrated to:
[Amended 2-17-2004]
[1]
Have a depth of soils greater than four feet to bedrock
and a permeability to accept at least 450 gallons of sewage per day without
overflow, breakout or detrimental effect on ground or surface water; and
[2]
Have the ability to be developed with a septic system
meeting the requirements of the State Public Health Code and the standards
and design guidelines of the Connecticut Department of Health Services and
the Connecticut Department of Environmental Protection.
(b)
Each such lot shall be approved for on-site sewage disposal
by the Director of Health of the Town of Orange, or the authorized agent of
the Director. When any lot which is so approved by the Director subject to
a final system design to be prepared by a professional engineer, such lot
shall be so identified on the Record Subdivision Map (RSM), including reference
to tests and plans on file in the office of the Director of Health.
(c)
Septic systems, consisting of the septic tank plus the
associated leaching field shall not be located under any vehicular access
driveways. The proposed layout of each such lot approved for on-site sewage
disposal systems shall be shown on the Site Development Plan in such a manner
so that no vehicular access driveway is allowed to pass over the proposed
septic system.
[Added 6-7-2005]
(2)
Each lot that is to be served by the Town of Orange sewer
system, shall be provided with a curb connection to the existing sanitary
sewer or a new sanitary sewer in the subdivision. Sewers and curb connections
shall be designed to Town of Orange specifications, and approved by the Town
of Orange Water Pollution Control Authority. New sewers shall connect to the
existing Town sewer system where there is adequate capacity to accept the
additional flow. On new streets, all pipes, curb and service connections,
and appurtenances, shall be installed prior to installation of street paving
and curbs.
C.
Other utilities: Within the subdivision, all electric,
telephone and cable television wires shall be installed underground in accordance
with the following:
(1)
All such wires shall be installed by the applicant, or
arranged by the applicant to be installed by the respective public utility
company, as a coordinated system within the street and serving each lot in
a location consistent with improvements such as a dwelling, driveway, sewage
disposal system and other utilities.
(2)
The construction plan and profiles for the subdivision
shall show proposed location for wires, principal appurtenances and street
lights and in locations acceptable to the Town Engineer/Director of Public
Works.
(3)
Street light poles and wiring shall be installed by the
applicant, or the electric utility company on behalf of the applicant, where
need for public lighting is immediate because of safety or other considerations,
as determined by the Town Engineer/Director of Public Works and when authorized
by the Board of Selectmen. Otherwise, concrete pads and wires for street lights
shall be installed by the applicant, or the electric utility company on behalf
of the applicant, for future use in locations determined by the Town Engineer/Director
of Public Works.
(4)
Based on a written report submitted by the applicant,
the Commission may determine that underground installation of electric, telephone
and/or cable television wires is inappropriate or unfeasible for all or part
of the subdivision, taking into account:
(a)
The type of service existing on streets leading to the
subdivision;
(b)
Extreme topographic or construction conditions; and
(c)
The effectiveness of underground installation in relation
to the size of the subdivision; but
(d)
Considering intent to achieve undergrounding of utilities
generally in new subdivisions.
(5)
Fire hydrant locations shall be approved by the Fire
Marshal, but in no case shall hydrants be located more than 500 feet apart.
[Added 2-17-2004]
Streets within the subdivision shall be planned and designed to provide
safe and convenient access to proposed lots, to have safe and convenient connections
with streets bordering or feeding the subdivision, and to compose, with connections
to existing streets and provision for projection of streets in the subdivision
into adjacent tracts not yet subdivided, a safe and convenient system for
vehicular and pedestrian travel within the existing and prospective neighborhood
that includes the subdivision. Streets shall have sufficient width, suitable
location and adequate construction to accommodate prospective traffic, including
the types of vehicles expected to use the street, and shall afford adequate
access for fire protection and other emergency services, snow removal and
roadway maintenance equipment. Streets shall also be planned with due consideration
for accomplishing an attractive layout within the subdivision and for current
and prospective construction and extension of connecting utilities and public
services, such as drainage facilities, water mains and sanitary sewers, in
the neighborhood. The following are also applicable to the planning and design
of streets:
A.
Classification: Streets in the Town, including those
proposed within the subdivision or bordering or feeding the subdivision, are
classified by the Commission for planning purposes as follows:
(1)
Residential street: primarily giving access to abutting
lots used for residential purposes, and otherwise providing local area vehicular
circulation within residential neighborhoods and planned to discourage through
traffic.
(2)
Collector street: collecting vehicle trips from residential
streets and smaller areas or residential neighborhoods and feeding "major
streets," or feeding residential development projects of larger scope.
(3)
Commercial street: primarily giving access to abutting
lots intended for use for commercial or industrial purposes and where the
planning and design standards will need to reflect special considerations
for traffic capacity, turning, movements, traffic management controls, level
of service, and types of vehicles to use the street.
B.
Street design standards: Selected planning and design
standards required for streets are specified on Schedule C, Street Planning
and Design Standards,[1] which is hereby made a part of these Regulations. Each new street,
however, shall have sufficient right-of-way, pavement width and other design
features to accommodate prospective use. In commercial and industrial areas
and for residential development projects of larger scope, the Commission may
require the applicant to provide a traffic impact analysis, prepared by a
recognized traffic engineer, indicating projected daily and peak hour traffic
volumes, roadway conditions and capacity requirements and types of vehicles
used as a basis for the design.
[1]
Editor's Note: Schedule C is included at the end of this chapter.
C.
Cross section: Residential, collector and commercial
streets shall be designed with a cross section in accordance with drawings
entitled "Typical Street Cross Section," which are attached to and made a
part of these Regulations,[2] or as the cross section is required by the Commission or Town
Engineer/Director of Public Works to be modified to accommodate the type and
volume of traffic anticipated to use the street.
[2]
Editor's Note: Said drawing is included at the end of this chapter.
D.
Relation to topography: The street plan of a proposed
subdivision shall bear a logical relationship to the topography of the property,
and all streets shall be arranged so as to obtain as many of the building
sites as practical at or above the grade of the street.
E.
Intersections spacing and blocks: Street openings into
a major street shall, in general, be at least 400 feet apart. Street jogs
with centerline offsets of less than 125 feet shall not be permitted except
with the approval of the Commission. Blocks without cross streets shall not
be excessively long, thereby causing unnecessarily circuitous travel on the
streets.
F.
Steep grades and curves; visibility at street corners:
A combination of steep grades and curves shall be avoided. At all street intersections
the land at each corner shall be so graded as to prevent a blind corner, and
sufficient land shall be included in the right-of-way or in a sight easement
at the intersection to permit permanent maintenance of visibility for safety
of traffic. The minimum required visibility at a corner consists of a line
of sight from 3.5 feet above the ground to an object one foot above the ground
across a triangle formed by the intersection of the street right-of-way lines
and a line drawn between points on such street right-of-way lines 30 feet
distant from the point of their intersection. Sight lines at intersections
shall also conform to Connecticut Department of Transportation standards for
the design speed applicable to the street.
G.
Dead-end streets.
[Amended 2-17-2004]
(1)
Culs-de-sac, streets permanently closed at one end by
building lots or which otherwise will not be extended in the future, shall
not exceed an accumulated length of 1,400 feet, whether entirely new or an
extension of an existing cul-de-sac, from an existing Town road or state highway,
or a street in the subdivision approved by the Commission, and having two
directions of access to the circulation system in the Town.
(2)
Cul-de-sac streets which the Commission determines may
be extended in the future to a public highway having two directions of access
shall not exceed an accumulated length of 1,400 feet.
(4)
The Commission, upon 3/4 vote of all of the members of the Commission, may waive the maximum length requirements in Subsection G(1) and (2), provided:
(a)
The Fire Marshall or his designee has certified that
the proposed cul-de-sac street exceeding such length will not negatively impact
upon the ability to provide fire protection to any of the lots along such
cul-de-sac street.
(b)
The Chief of Police or his designee has certified that
the proposed cul-de-sac street exceeding such length will not negatively impact
upon the ability to provide police protection to any of the lots along such
cul-de-sac street.
(c)
The Commission finds that the proposed cul-de-sac street
will not create excessive traffic upon any road with which it intersects.
H.
Reserve strips: Unless determined by the Commission to
be necessary as part of a traffic access management system, no reserve strips
preventing access to or extension of a proposed street are permitted.
I.
Street lines: Street lines on each side of a proposed
street shall be parallel or shall be concentric arcs, except at intersections
and turnarounds designed in accordance with these Regulations. No street right-of-way
shall be widened beyond the width specified on Schedule C,[3] such as for the purpose of securing additional street frontage
for proposed lots, unless such widening is required for construction access
or additional vehicular lanes.
[3]
Editor's Note: Schedule C is included at the end of this chapter.
J.
Existing streets: Proposed subdivisions and proposed
streets within the subdivision shall be planned to coordinate with existing
streets as follows:
(1)
Abutting street right-of-way: Proposed subdivisions abutting
an existing Town street or state highway shall provide for proper or proportionate
widening of the right-of-way of such street or highway to the width appropriate
for the classification given the street or highway by the Commission.
(2)
Street connection: Any street proposed in the subdivision
shall connect to an existing street in the Town of Orange that is accepted
by the Town, to a state highway or to a street in a subdivision approved by
the Commission and where the applicant has rights of access.
(3)
Street connection intersections: Provision, including
actual construction, shall be made in the existing street being intersected
to establish adequate sight lines, suitable travelway width, turn lanes, traffic
control measures, grade and alignment (vertical and horizontal), and roadway
base, drainage and pavement, as may be necessary to provide for safe and convenient
traffic flow at the new intersection being created.
(4)
Suitability of access street: The existing street to
which the proposed subdivision street connects or where the proposed subdivision
lots have frontage, shall have a travelway of sufficient width and suitable
grade and alignment, as determined by the Commission, to provide adequate
access for fire protection and other emergency, utility and highway maintenance
services to the subdivision streets and lots and, together with traffic control
measures, sufficient to accept the traffic to be generated by the proposed
subdivision street without undue hazards to vehicles and pedestrians.
(5)
Improvement of access street: When the existing street to which the proposed subdivision street connects or where the proposed subdivision lots have frontage is found by the Commission to have a travelway width, grade and/or alignment, or other condition, inadequate for access as provided in Subsection J(4), the applicant may propose to improve the travelway and drainage in the existing street and/or provide traffic control measures, at the applicant's cost, as part of the plan of subdivision, or the Commission may impose requirement to provide such improvements and measures in connection with approval of the plan of subdivision.
K.
Streets on plan of conservation and development. When
the tract proposed for subdivision includes the location of a street proposed
upon the plan of conservation and development, adopted by the Commission under
Chapter 126 of the Connecticut General Statutes, the plan of subdivision shall
either provide such street as part of the circulation system within the subdivision
or shall provide for dedication of the right-of-way for such street to the
Town.
L.
Street names: Streets shall bear names which are appropriate
to the character of the Town and which do not duplicate or too closely approximate
in spelling or sound existing street names in the Town of Orange or any adjoining
Town. All street names shall be subject to the approval of the Commission.
M.
Guide rails: Suitable guide posts or rails shall be installed
along all streets where there will be an embankment with a drop of four feet
or more within 20 feet of the edge of the pavement.
N.
Street signs: Street name signs, meeting Town specifications,
shall be installed at all street intersections and in locations approved by
the Town Engineer/Director of Public Works.
O.
Street trees: Where there are insufficient existing trees
within the subdivision, the Commission may require the planting of street
trees. In general, street trees shall be planted approximately 50 feet apart
on both sides of any street in and adjacent to the proposed street right-of-way
and the right-of-way of a street bordering the subdivision, subject to variations
in location made necessary by conditions such as driveways, street corners,
sidewalks, topography and planting conditions. Street trees shall be located
in such a manner as to avoid shading the most southerly side of proposed dwelling
locations in order to facilitate the use of solar energy systems. Trees to
be planted shall be at least 21/2 inch diameter breast high and shall have
a minimum height of 10 feet. The species of trees shall be selected taking
into account its compatibility with solar access objectives and shall be subject
to the approval of the Commission. Where the trees may interfere with utility
poles and wires, the Commission may permit the location of required trees
within the front 10 feet of the proposed lots. Existing trees along the proposed
street which conform to these requirements may be substituted for new trees
at the discretion of the Commission.
P.
Traffic signs and street markings meeting Town specifications
shall be installed at all locations approved by the local traffic authority.
[Added 2-17-2004]
A.
Monuments shall be provided on both street right-of-way
lines at the beginning and termination of each street, at all deflection points,
points of curvature, points of tangency and points of change in curvature
and no further than 400 feet apart on tangents. Monuments shall be made of
concrete or granite and shall be not less than five inches square by 36 inches
in length with a suitably marked top. Each monument shall be set in place,
after all street construction is completed, with the marked point set on the
point of reference. Monuments shall also be installed at the intersection
of the right-of-way line with each lot line and at each corner or rear lot
line.
[Amended 2-17-2004]
B.
Iron pins: In addition to required monuments, iron pins,
not less than 1.0 inches in diameter and 36 inches in length, consisting of
a suitable rod or pipe, shall be placed at each point of intersection of a
lot line and the right-of-way line of a street, and at all other lot corners.
Monuments may be substituted for iron pins. Pins, however, are not required
at each change in direction of an irregular lot line such as along a water
course, water body or stone wall.
In areas where the proposed street system does not provide a convenient
pattern of pedestrian circulation or the safety of pedestrian travel would
be enhanced, the Commission may require the following:
A.
Pedestrian easements: easements 10 feet to 20 feet in
width for use as pedestrian ways particularly in the vicinity of parks, playgrounds,
schools and other public or semi-public places.
B.
Safety paths: graded paths in the right-of-way of a collector
street, commercial street or major street within the subdivision or where
the subdivision has frontage, including graded sites for pedestrians at school
bus loading and unloading stops.
Stormwater management for the subdivision shall be planned and designed
in accordance with the "Specifications for All Roads to be Accepted and Maintained
by the Town of Orange, Connecticut," and the following:
A.
General:
(1)
The stormwater management system shall account for drainage
from the entire tract of land to be subdivided and shall also take into account
land outside the tract which normally drains across the area of the subdivision
as well as the effects of stormwater flow from the subdivision upon downstream
lands and drainage systems. The drainage system for the subdivision shall
make use of and protect, and improve as needed, the natural drainage system;
in general, artificial ditches shall not be constructed unless deemed necessary
for water quality protection and shall be confined to lots of one acre or
more. The stormwater management system shall provide for the following:
(a)
No increase in the rate of runoff from the tract for
any storm event;
(b)
Adequate drainage of proposed streets, including stormwater
flow from future extension of such streets into adjoining property;
(c)
Interception of channeled drainage coming from any adjoining
property or street;
(d)
Protection of locations necessary for on-site sewage
disposal and water supply facilities;
(e)
Protection of water courses and wetlands from pollution,
degradation of water quality, erosion and sedimentation;
(f)
Avoidance of an amount of discharge and time of concentration
of flow beyond the capacity of downstream drainage conduits and channels;
and
(g)
Avoidance of downstream flooding.
(2)
The Commission and the applicant shall coordinate the
stormwater management plan with requirements of the Orange Inland Wetlands
and Water Courses Commission when the tract includes wetlands and/or water
courses.
B.
Runoff criteria: Provision shall be made for the protection
or improvement of existing water courses, channels and other drainage systems,
on the tract to be subdivided or downstream from the tract, as needed to accept
the projected proposed stormwater discharge, based on sound design criteria
under good engineering practice, taking into account the drainage requirements
of the entire watershed in which the tract is located. Provision shall also
be made for control of stormwater runoff during construction. Analysis of
increased runoff from the proposed subdivision shall be based on the appropriate
method from the 2002 Connecticut Guidelines for Soil Erosion and Sediment
Control, as may be amended from time to time, unless an alternative method
is approved by the Town Engineer/Director of Public Works.
[Amended 2-17-2004]
C.
Basic pipe design criteria: The minimum size of stormwater
pipe shall be 15 inches in diameter, and the minimum slope of pipes shall
be 0.5% grade. Pipe for in-street drainage shall be designed for a twenty-five-year
frequency storm; cross culverts, trunk lines, open channels and channel and
encroachment lines along water courses shall be designed for a one-hundred-year
frequency storm. Pipe, except for underdrains, shall be laid on straight alignments,
both horizontally and vertically, with manholes or on-line catch basins spaced
not more than 400 feet apart and also providing access at all deflection points
or at the junction of two or more lines. The open end of any pipe shall be
provided with an endwall or stable end section. The minimum cover over the
top of the pipe shall be three feet. All drainage other than natural water
courses shall be piped to a minimum of 150 feet from the street right-of-way
line. The maximum and minimum velocities in any pipe shall be eight feet per
second and two feet per second, respectfully.
[Amended 2-17-2004]
D.
Provision of catch basins: Catch basins shall be connected
to a stormwater pipe and shall be provided in order that surface water will
not cross any intersection nor travel on any street more than 250 feet. Catch
basins shall also be provided in the shoulder or sidewalk area of the cut
section of any street where necessary, based on field conditions, to intercept
surface water and prevent erosion. Catch basins may also include stormwater
detention or groundwater recharge features when appropriate to the stormwater
management plan and the groundwater quality program.
E.
Discharge: The discharge of all stormwater that has been
collected or otherwise artificially channeled shall be into suitable natural
water courses or into Town or state drainage systems with adequate capacity
to carry the discharge. Where discharge is onto or over private property within
or adjoining the subdivision, proper easements and discharge rights shall
have been secured by the applicant prior to approval of the subdivision, such
easements and rights shall be transferable to the Town in the event that the
discharge includes stormwater from any existing or proposed public street,
and there shall be adequate safeguards against soil erosion and flood danger.
No stormwater shall be diverted from one watershed to another.
F.
Stormwater detention: The plan of stormwater management may include provision for stormwater detention and/or groundwater recharge as found acceptable by the Town Engineer/Director of Public Works and where needed to achieve the requirement for no increase in the rate of runoff for the one-hundred-year storm event and other criteria set forth in Subsection A. Unless otherwise approved by the Town Engineer/Director of Public Works, any stormwater detention system shall also be designed to capture at least the first one inch of rainfall of any storm event and prevent direct stormwater discharges to water courses and wetlands. Design data for detention or recharge shall be submitted as provided in § 382-14B(2) and shall include a program and cost estimate for annual maintenance, and proposal for an agency, such as the Town or a homeowners association, to own and maintain the detention or recharge facility. The program and funding therefore shall be subject to the approval of the Commission.
G.
Drainage easements: The Town of Orange does not normally
accept drainage easements. Drains pipes leaving the right-of-way shall be
the responsibility of the property owner, homeowners' association or
other entity to maintain, repair and/or replace, as required. The maintenance
provisions of any homeowners' association or common-interest community
declaration shall be approved by the Town Attorney and shall provide for the
right of the Town to perform any maintenance at the expense of the owners
of the lots in the event such facilities are not properly maintained. Easements,
at least 30 feet in width, shall be provided for all stormwater pipes that
are not to be installed in a street. In addition, easements at least 30 feet
in width shall also be provided for the full width of the channel 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. Easements shall also
be provided for stormwater pipes that may need to be installed in the future
to serve undeveloped land within the watershed that normally drains across
the area of the proposed subdivision. Easements shall also be provided to
allow maintenance access to culverts and bridges.
[Amended 2-17-2004]
H.
Encroachment lines: Each water course or water body in
or adjoining the tract to be subdivided, and any related wetland, floodway
or flood hazard area, shall, as determined appropriate by the Town Engineer/Director
of Public Works or the Commission, be provided with channel, building or other
encroachment lines to prevent encroachment, constriction or diversion by buildings,
facilities or other construction and by filling, grading or excavation. The
encroachment lines shall be based upon sound hydraulic computations and shall
be shown on the Record Subdivision Map with notes specifying the restrictions
in a manner acceptable to the Commission.
I.
Stormwater mapping and site design.
[Added 2-17-2004]
(1)
The initial site plan submitted with a subdivision plan
shall contain a complete grading plan. The grading plan shall contain detailed
grading for the entire site, including building elevations, footing drains,
foundation drains, as well as all other items required elsewhere in these
regulations for individual site plans. The grading must demonstrate that surface
water does not drain from one property to another.
(2)
Each individual site plan subsequently submitted must
show the proposed grading for adjacent lots as per the overall site plan or
as per any approved changes to adjacent lots. In no case will surface water
be allowed to travel to adjacent lots.
(3)
For individual lot developments, existing contours of
adjacent lots shall be submitted that demonstrate that surface water will
not travel to adjacent lots.
J.
If site conditions permit, pre- and post-development
stormwater volumes should remain the same or post-development volume levels
should be less. This analysis should take into account a watershed analysis
and not just a site analysis.
[Added 2-17-2004]
A subdivision or resubdivision involving construction of streets, drainage and other improvements, borrow operations and/or general site grading or which involves a disturbed area of 1/2 acre or more is required to have a certified Soil Erosion and Sediment Control Plan in effect prior to, during and upon completion of construction. The Control Plan, which may be integrated with other maps and plans, shall cover all construction areas, streets, drainage and other improvements as well as areas planned for borrow operations and general regrading and should provide for overall control measures and facilities as individual lots are used and developed. The following are requirements (See § 382-4 for special definitions related to this section):
A.
Control Plan: To be eligible for certification, a Soil
Erosion and Sediment Control Plan shall contain proper provisions adequate
to control accelerated erosion and sedimentation and reduce the danger from
stormwater runoff on the tract to be subdivided based on the best available
technology. Such principles, methods and practices necessary for certification
are found in the Connecticut Guidelines for Soil Erosion and Sediment Control
(2002), as amended. Alternative principles, methods and practices may be used
with prior approval of the Town Engineer/Director of Public Works or the Commission.
[Amended 2-17-2004]
(1)
The Control Plan shall contain the following to the extent
applicable to the particular subdivision or resubdivision:
(a)
A narrative describing the project, such as the following:
[1]
The use and development for which the subdivision is
intended;
[2]
The schedule for grading and construction activities
including:
[3]
The design criteria for proposed soil erosion and sediment
control measures and stormwater management facilities;
[4]
The construction details for proposed soil erosion and
sediment control measures and stormwater management facilities;
[5]
The installation and/or application procedures for proposed
soil erosion and sediment control measures and stormwater management facilities;
and
[6]
The operations and maintenance program for proposed soil
erosion and sediment control measures and stormwater management facilities.
(b)
A site plan map at sufficient scale to show the following:
[1]
The location of the proposed subdivision and adjacent
properties;
[2]
The existing and proposed topography including soil types,
wetlands, water courses and water bodies;
[3]
The existing structures on the tract, if any;
[4]
The proposed area alterations including cleared, excavated,
filled or graded areas and proposed structures, utilities, streets and, if
applicable, new property lines;
[5]
The location of and design details for all proposed soil
erosion and sediment control measures and stormwater management facilities;
[6]
The sequence of grading and construction activities;
[7]
The sequence for installation and/or application of soil
erosion and sediment control measures; and
[8]
The sequence for final stabilization of the development
site.
(c)
Any other information deemed necessary and appropriate
by the applicant or requested by the Commission or the Town Engineer/Director
of Public Works.
(2)
The Soil Erosion and Sediment Control Plan shall bear
(a)
The title of the subdivision;
(b)
The name and address of the owner, and of the applicant
if different from the owner;
(c)
Date, scale, North point, Town and state;
(d)
The name, address and telephone number of the person
responsible for installation and maintenance of control measures; and
(e)
The words "Soil Erosion and Sediment Control Plan certified
by" with a designated place for signature and date of signing.
B.
Minimum standards: The following minimum standards are
applicable to Soil Erosion and Sediment Control Plans required by these Regulations,
and the preparer of the Control Plan shall provide written certification that
the Control Plan complies with these minimum standards:
[Amended 2-17-2004]
(1)
Plans for soil erosion and sediment control shall be
developed using the principles as outlined in Chapters 3 and 4 of the Connecticut
Guidelines for Soil Erosion and Sediment Control (2002), as amended. Soil
erosion and sediment control plans shall result in a development that minimizes
erosion and sedimentation during construction, is stabilized and protected
from erosion when completed, and does not cause off-site erosion and/or sedimentation.
(2)
The minimum standards for individual measures are those
in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002),
as amended. The Town Engineer/Director of Public Works or the Commission may
approve alternate standards when requested by the applicant if technically
sound reasons are presented.
(3)
The appropriate method from Chapter 9 of the Connecticut
Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall
be used in determining peak flow rates and volumes of runoff unless an alternative
method is approved by the Town Engineer/Director of Public Works or the Commission.
C.
Certification: The following are procedures and conditions
applicable to certification of Soil Erosion and Sediment Control Plans:
(1)
The Town Engineer/Director of Public Works, the Commission
or the New Haven County Soil and Water Conservation District shall either
certify that the Soil Erosion and Sediment Control Plan, as filed, complies
with the requirements and objectives of these Regulations or deny certification
when the development proposal does not comply with these Regulations. Certification
by the Commission may be incorporated in the resolution approving a subdivision
application.
(2)
The Commission will coordinate certification with the
actions of other agencies concerning the subdivision, such as the Board of
Selectmen and the Orange Inland Wetlands and Water Courses Commission.
(3)
The estimated cost of measures and facilities to control erosion and sedimentation shall be guaranteed by a cash or savings account bond, required at the time of application approval as provided in § 382-16K(2).
(4)
No site development shall begin unless the Soil Erosion
and Sediment Control Plan is certified, the bond has been posted and the control
measures and facilities in the Plan, scheduled for installation prior to site
work, have been installed and are functional.
(5)
Planned soil erosion and sediment control measures and
facilities shall be installed as scheduled according to the certified Control
Plan.
(6)
All control measures and facilities shall be maintained
in effective condition to ensure the compliance of the certified Control Plan.
D.
Inspection: Soil erosion and sediment control measures of the certified Control Plan shall be subject to inspections as provided in § 382-33 and orders as provided in § 382-35. The Commission may require the applicant to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified Control Plan and are being operated and maintained.
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.
The lots and such improvements shall be consistent with
the need to minimize flood damage within the special flood hazard area and
shall be capable of use without danger from flooding or flood related damages.
B.
All new and replacement 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, and:
C.
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
E.
Each lot shall be located or arranged so that to be usable
no on-site sewage disposal or water supply system will be located in a flood
hazard area.
A.
Easements for access to and use of land, and for conservation
of open space and natural resources, outside of a street right-of-way shall
be provided as required or approved by the Commission and shall be shown on
the Record Subdivision Map with adequate survey information, so that the land
subject to easement may be accurately located by field survey. Easements shall
be provided in at least the following cases:
(1)
For access to bridges and culverts with construction
and maintenance equipment;
(4)
Temporary construction easements for grading and other
construction work in the front 25 feet of each lot along a proposed street
to be in effect until the street is accepted by the Town and the maintenance
bond released;
(5)
Sight easements across corners of lots at intersections to assure safe line of sight on the street (§ 382-23F);
(6)
Easements 10 feet to 20 feet in width for pedestrian ways to parks, playgrounds, schools, and other public or semi-public places where the street system does not conform to a convenient pattern of pedestrian circulation (§ 382-25); and
(7)
Easements for conservation of open space, vistas and
natural resources, including wetlands, farmland and areas of critical environmental
concern.
The applicant shall demonstrate to the Commission that, in developing
the subdivision plan of lots, streets and other features, 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
(net cost after any energy conservation tax credits, subsidies and exemptions).
Passive solar energy techniques mean subdivision plan or site design techniques
which maximize solar heat gain, minimize heat loss and enable thermal storage
within buildings on each lot during the heating season, and minimize heat
gain and provide for natural ventilation during the cooling system. The subdivision
plan or site design techniques considered shall include no less than the following:
A.
The orientation of the potential principal building on
each lot with respect to true south, such as the optimum orientation whereby
the longest axis of the building would have a bearing of true west or between
10 south of west and 25 north of west;
B.
The street and lot layout, which can maximize solar access
for each lot;
C.
The location, type and height of vegetation, which may
obstruct solar access or provide beneficial shade during the cooling season
or protection from cold winds during the heating season;
D.
Natural and man-made topographic features, which may
obstruct solar access or decrease the period of available solar access; and
E.
Protection of solar access for each lot within the subdivision
and on adjacent lots.
Land for parks, playgrounds, recreation areas and open spaces may be
provided and reserved in each subdivision to the extent the Commission may
deem it necessary or proper in accordance with the policy of these Regulations.
If the Commission requires such land, the land reserve shall be of such size,
location, shape, topography, and general character as to be useful to satisfy
the needs determined by the Commission. If the Commission shall require such
land in a given subdivision, the subdivision shall make provision, subject
to the approval of the Commission, for the permanent maintenance of such land,
either by conveyance to the Town, by the establishment of a duly organized
improvement or property owners association or by other means, all as may be
approved by the Commission.
