Article 5 Design Requirements

Enforcement of these regulations shall be by the Commission or its duly authorized agent. The transfer of any lot or lots or portion of land courses so as to create a subdivision without the approval of the Commission shall be punishable by a fine of not more than $500 for each parcel of land transferred or for each building or structure erected, and any other such penalty as may be assessed by law. The Town of Lyme may bring action to enjoin the erection of such building or structure or cause it to be vacated or removed.

No owner or agent of the owner of any land located within the jurisdiction of the Commission shall transfer or sell or agree to sell or negotiate to sell any land from or in a subdivision, or from an approved subdivision plan that is changed or amended, until such subdivision or such changed or amended subdivision plan, as the case may be, shall have been approved by the Commission and recorded or filed in the office of the Town Clerk.

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 bond 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 areas to field grass. All temporary ditches shall be filled, all drainage lines, catch basins and manholes shall be cleaned and flushed, all streets cleaned and repaired, and the whole site shall be left in a neat and clean condition.

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 structure in undivided ownership.

§ 310-5.2 Flood protection.

The following standards are adopted as part of Lyme's eligibility in the Federal Flood Insurance Program:

New developments of five acres or 50 lots. In respect to all subdivisions and resubdivision applications for new developments greater than five acres or 50 lots located within unnumbered A Zones or Zones A-1 through A-30 on the Town of Lyme's Flood Insurance Rate Map, the base flood elevation data is required for each lot within such subdivision or resubdivision.

Sewage disposal and water supply systems in flood hazard areas. The following standards apply to design and maintenance of sewage disposal and water systems:

That proper provision will be made for sewer and water systems in flood hazard areas to minimize or eliminate flood damage.

§ 310-5.3 Soil and erosion control standards.

That water systems are designed to minimize infiltration of floodwaters.

Certification of plan. The Lyme Planning and Zoning Commission shall either certify that the soil erosion and sediment control plan, as required under § 310-4.4F, complies with the requirements and objectives of these regulations or deny certification when the development proposal does not comply with these regulations.

Soil erosion and sediment control plan principles. To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on and from the proposed site, 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 Commission.

Narrative. The soil erosion and sediment control plan shall include a narrative describing the following information: the development; the schedule for grading and construction activities, including start and completion dates, sequence of grading and construction activities, sequence for installation and/or application of soil erosion and sediment control measures, and sequence for final stabilization of the project site; the design criteria for proposed soil erosion and sediment control measures and stormwater management facilities; the construction details for proposed soil erosion and sediment control measures and stormwater management facilities; the installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities; and the operation and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.

Minimum acceptable standards. Plans for soil erosion and sediment control shall be designed and implemented to minimize erosion and sedimentation during construction, stabilize and protect from erosion when completed, and to not cause off-site erosion and/or sedimentation. Minimum standards are those set forth in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as may be amended. The appropriate method from the Connecticut Guidelines shall be used in determining peak flow rates and volumes of runoff, unless an alternative method is approved by the Commission.

Referrals. Any soil erosion and sediment control plan may be submitted to the regional Soil and Water Conservation District for review and advisory opinion. The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.

Separate bond for sedimentation and erosion control required. The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, shall be required to be covered in a separate bond or other assurance acceptable to the Commission under Article 6 of these regulations. The bond shall be posted with the Treasurer of the Town of Lyme, prior to commencement of work, in an amount approved by the Planning and Zoning Commission as sufficient to guarantee conformity with the plan issued hereunder. The bond will be subject to review as to form by the Commission or Town Attorney.

Installation prior to site development. Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.

Maintenance. All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.

Design for minimum impact.

Development shall be fitted to the topography and soils so as to create the least erosion hazard.

Natural vegetation shall be retained and protected wherever feasible.

Only the smallest practical area of land shall be exposed at any one time during development.

When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

(5)

Temporary vegetation and/or mulching shall be used to protect exposed areas during development.

(6)

Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters and from land undergoing development where feasible and practical.

(7)

Permanent final vegetation and structural erosion control measures shall be installed as soon as practical in the development.

§ 310-5.4 Utilities.

All subdivision plans shall make proper provision for sewage disposal, water supply and other utilities.

Electric, telephone and cable lines. New electric, telephone and cable television wires within the subdivision shall be installed underground where practicable, unless the Commission determines that such underground installation is inappropriate or infeasible 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 utility lines shall be provided and shown on the subdivision plan.

Sanitary sewage disposal. Prior to its approval by the Commission, each proposed subdivision lot shall be approved by the Public Health Department as having sufficient details and data to demonstrate that said lot can support a sanitary subsurface sewage disposal system and reserve area conforming to the State of Connecticut Public Health Code. A block for the Public Health Department's endorsement or approval signed and dated by the Public Health Department shall be included on the final plan.

All percolation tests and deep test pits shall be witnessed by the Public Health Department and the location and results of each test shall be shown on the subdivision plans. Each proposed lot shall have a minimum of two test pits located in each of the proposed primary and reserve leaching areas.

Engineered design septic systems may be required and may be permitted to overcome minor site limitations; however, each lot must 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 systems. When an engineered system is required, such requirement shall be shown on the final subdivision plans.

Potable water supply. Prior to its approval by the Commission, each proposed subdivision lot shall be submitted to the Public Health Department for review to assure that the lot includes sufficient separation distance from subsurface sewage disposal systems on or adjacent to the lot to allow installation of an individual well conforming to the Connecticut Public Health Code requirements. The Public Health Department shall also note if there are any known sources of groundwater pollution in the area of the proposed subdivision.

§ 310-5.5 Driveways.

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 Chapter 272, Article II, Driveways and Approaches to Town Roads, of the Town Code.

A safe driveway entrance 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. 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 prevent excessive road drainage down driveways or excessive driveway drainage onto public streets.

Shared driveways. In order to minimize the adverse environmental impact 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:

The deed for any lot which utilizes a shared driveway shall include all appropriate easements to pass and repass and 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 Lyme shall not be required to plow, maintain, assume ownership, or provide school bus service or other services along the driveway access to such lot. Maintenance agreements for the shared driveway shall be subject to review by the Commission and or the Town/Commission Attorney.

Shared driveways shall be designed and constructed in accordance with the following standards:

Minimum width of right-of-way: 50 feet.

Minimum width of traveled portion. The first 50 feet of a shared driveway, as measured from the intersection with a Town or state road, shall be 22 feet in width, and may be reduced to 18 feet in width beyond the first 50 feet.

(c)

Shoulders. Shoulders shall be a minimum of four feet in width. Shoulders shall be cleared at least three feet back from the traveled portion and cleared areas shall be properly graded, sloped and seeded to prevent erosion.

(d)

A hardened surface may be required for driveway sections with a vertical slope in excess of 7%.

(e)

Construction methods and materials. The traveled portion shall have a base of 12 inches of compacted gravel, topped with a course of four inches of processed gravel.

§ 310-5.6 Road and drainage standards.

Access. All proposed lots shall have frontage on a Town road or state highway in accordance with the Zoning Regulations of the Town of Lyme.[1] All subdivision lots shall have direct vehicular access to one or more accepted Town roads or state highways by one of the following means: a proposed public road to be constructed as part of the subdivision or a single or shared private driveway. 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. Roads and driveways 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 and woods, and other natural features which enhance property values and maintain the natural character of the subdivision. Where possible, road and driveway layouts shall be planned to avoid excessive stormwater runoff and the need for extensive storm drainage installations.

New subdivision roads.

Design and construction. All new subdivision roads shall be designed and constructed to at least the minimum standards of the Town Road Ordinance and these regulations. In certain development situations, the Commission may determine that potential use of the subdivision road will require that the road be built to greater geometric and construction standards. Such potential use includes the use of the road as a connector between existing Town roads, when the road could potentially serve as future access to adjacent undeveloped property, or when the road is intended to provide access to more than 10 lots. A traffic study may be required in accordance with § 310-4.5B of these regulations.

Arrangement. The arrangement of roads in a new subdivision shall make provision for the continuation of the principal existing roads in adjoining areas and shall be such as to cause no hardship to owners of adjoining property when they develop their subdivision map and seek to provide convenient access to the land.

(c)

Dead-end roads. Cul-de-sac or dead-end roads shall not exceed 700 feet except where, due to topographical or other conditions, it would be otherwise impossible to develop the tract, in which case the road shall not exceed 1,000 feet. All dead-end roads shall be provided with a turnaround consistent with the requirements of the Road Ordinance of Lyme.

(d)

Width. No road shall have reserved right-of-way of less than 60 feet, including the traveled portion and shoulders. All other road design and construction shall comply with the minimum requirements of the Town Road Ordinance.

(e)

Road names and signs. Roads which are designed to connect and align directly with other roads shall bear the same names. No duplication of street names is permitted and similar sounding names shall be avoided. Road names shall be appropriate to the character of the Town and shall reflect the geographic or historic aspects of the area in which the road is located. All street names are subject to the approval of the Commission. Developers shall erect street signs substantially similar to the design generally used by the Town of Lyme.

Improvements to existing roads.

Where the proposed subdivision abuts an existing Town road which does not have the minimum right-of-way width required in these regulations and the Town Road Ordinance, the applicant shall convey to the Town sufficient land along such road as to permit its widening and/or straightening to conform to Town standards. The applicant shall also convey any necessary drainage easements or sloping rights to improve the road to Town road standards. When 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.

Where 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 Lyme or the State of Connecticut as appropriate.

Private driveways. Access driveways shall meet the requirements of § 310-5.5.

[1]

Editor's Note: See Ch. 315, Zoning Regulations.

Stormwater runoff.

A stormwater management report, as described in § 310-4.5C of these regulations, shall be prepared for all subdivisions involving the creation of new roads and for other subdivisions containing private roads and/or sensitive environmental areas as the Commission may require.

An adequate subsurface stormwater drainage system shall be provided unless, in the opinion of the Commission, the natural topography and/or suitable access to natural watercourses makes storm drains unnecessary. The applicant shall take all appropriate and feasible measures to reduce the increase in both runoff rate and volume from the proposed development by minimizing the use of impervious surfaces, retaining natural vegetation on site, and using other low-impact development management practices.

No watercourses shall be altered or obstructed in such a way as to reduce natural runoff capacity of surface water unless an alternative means of maintaining runoff capacity is provided.

The Commission shall require that the subdivision applicant reserve sufficient easements for stormwater drainage and maintenance of stormwater management features. All drainage easements shall have a minimum width of 20 feet.

(c)

In designing a stormwater management system for the subdivision, the designer shall be guided by the recommendations of the 2004 Connecticut Stormwater Quality Manual, prepared by the Connecticut Department of Energy and Environmental Protection.

§ 310-5.7 Requirements for open space.

Purpose. Areas for open spaces, parks and playgrounds shall be provided and reserved in each subdivision as deemed necessary and in locations deemed proper by the Commission. The land reserved shall be of such size, location, shape, topography and general character as to satisfy the open space needs determined by the Commission. Such needs may include but are not limited to the following:

Preservation of rural character and maintenance of the scenic resources of Lyme by retaining natural open space areas where they are most visible from public roads, parks and open watercourses, including buffer strips along roadways, ridge tops, wetlands and watercourses, with visual corridors and vistas.

Maintaining the Town's agricultural character through the preservation, in perpetuity, of lands suitable for farming activities.

Conservation and protection of natural resources, including ledge outcroppings, ravines, significant woodlands, stands of unique or scenic trees, unusual trees, wetlands, watercourses, aquifers, retention of natural drainageways, wildlife habitat, and other unusual environmental, ecological, topographical and physical features.

Use of open space to integrate or separate various types of uses and activities and with the objective of meeting neighborhood and community-wide recreational needs.

(5)

Preservation of historic and cultural resources in an appropriate setting, including historic and archaeological sites, stone walls, cemeteries, trails, and the like.

(6)

Provision of active and passive recreation.

Conformance with Lyme Plan of Conservation and Development. The reservation of land for open space shall conform to the Lyme Plan of Conservation and Development and any other plan for conservation of open space, parks, playgrounds, or recreation land which has been formally adopted by the Lyme Planning and Zoning Commission.

Character of open space land. While recognizing that each subdivision open space dedication must be uniquely determined, the Commission will be guided by the objectives cited in § 310-5.7A above and the use and scope of the subdivision proposal, coupled with the need to provide a balance of open space types throughout the Town of Lyme. The Commission may require open space which includes a variety of landforms, habitat, and vegetation, including both wetlands and uplands, steep topography and flat areas, vistas and visual enclosures, riverine areas and hilltops, or other natural resources. Tidal wetlands, inland wetlands, watercourses or open water shall not be included when calculating the percentage of land area reserved as open space in Subsection D below.

Dedication requirements. In determining the need for open space, the Commission shall be guided by, but not limited to, a standard of 15% of the land area of the subdivision, with a minimum reservation of one acre. The Commission may determine that additional open space areas should be preserved because of the unique qualities particular to a specific location. The Commission may also determine that a lesser area is sufficient or that such reservation is not feasible due to the quality and location of the land within a particular subdivision.

Fee in lieu of open space. If there is insufficient suitable or practical area for reservation of open space land, for whatever reason, or if there are other areas in the Town of Lyme where preservation would be more beneficial to the public health, safety and welfare, then the Commission, in its sole discretion, may require the provision of a fee to the Town of Lyme, or combination of fee and transfer of land to the Town of Lyme, in lieu of the requirement to provide open space. The combination of payment plus the fair market value of the land transferred shall not be more than 10% of the fair market value of the total amount of land to be subdivided prior to the approval of the subdivision. The fair market value shall be determined by an appraiser jointly selected by the Commission and the applicant. The monetary fee shall be paid to the Town of Lyme in accordance with the provisions of § 8-25 of the Connecticut General Statutes and placed in a fund in accordance with the provisions of § 8-25b of the Connecticut General Statutes.

Location. Open space shall be located consistent with the requirements of this § 310-5.7 and so as to protect specific natural and cultural features, preserve scenic views and vistas, prevent unsightly development of ridge tops, provide natural buffers, provide for parks and recreational needs and as otherwise required by the Commission, based on the purpose for which it was intended.

Condition of land. Land reserved for open space shall not be used for the storage of equipment or the deposit of debris. Open space land for conservation purposes shall not be excavated, filled or regraded, and the trees and dead vegetation shall not be removed, and the understory shall not be cleared, except in accordance with a plan approved by the Commission. Open space land for conservation purposes shall not be subject to introduction of non-indigenous species, fertilization, herbicides, or pesticides and may not be used by domestic animals.

Access.

The Commission may require that open space areas be made easily accessible from a public road or situated so as to connect with and provide access to other areas of reserved or proposed open space on adjacent properties. Proper pedestrian and vehicular access, including parking areas, may be required for each such reservation.

Where a proposed subdivision abuts coastal waters (including the Connecticut River), the Commission may require such open space in the form of public access to and along the waterfront, and with the inclusion of any appurtenant structures that may be required in accordance with the provisions of the Connecticut Coastal Management Act (Connecticut General Statutes Chapter 444).

Boundary lines. The boundary lines of all open space shall be set in the field and marked by permanent, readily visible markers at the intersection of any lot line, road or perimeter lines and at intervals of 100 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 by intervals no greater than 50 feet. The Commission may approve of the type of permanent marker employed, i.e., concrete, bronze, pipe or other.

Methods of open space reservation. Open space areas required under this section shall be permanently reserved for the designated use by means acceptable to and approved by the Commission, such as but not limited to the following:

Deeded to a nonprofit organization acceptable to the Commission. The nonprofit organization shall be a private, nonprofit, non-stock corporation, which has as its purpose the preservation of open space land, such as the Lyme Land Conservation Trust Inc., the Nature Conservancy, or other such organization. The deed to such organization shall contain language satisfactory to the Commission requiring that the land be held in perpetuity as open space for the benefit of the general public. 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 the event of the dissolution of the corporation, the property shall be conveyed to the Town of Lyme or, subject to the approval of the Commission, to another nonprofit organization if the Commission determines that such conveyance would be in the best interest of the Town.

Deeded to the Town of Lyme. Where open space areas are to be conveyed to the Town, the applicant shall convey them at the stage and in condition agreed upon in connection with the processing and approval of the subdivision.

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 open space is 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 the lot owners shall include the membership stipulation, the beneficial right in use of the open land, and all other pertinent restrictions and shall be recorded in the land records of the Town of Lyme. The documents shall provide that if maintenance or preservation of the dedication no longer complies with the provision of the document the Town may take all necessary action to ensure compliance and assess against the association and its members all costs incurred by the Town for such purposes. Wording on each deed shall state that such open land is reserved for use only as open space in perpetuity.

Subject to perpetual easement for conservation purposes. The Commission may approve the granting of a conservation easement in perpetuity over property within the subdivision to the Town or to a nonprofit organization acceptable to the Commission. The term "conservation easement" includes historic preservation easements, agricultural preservation easements, scenic easement, open space easements, conservation restrictions and restrictive covenants, and other essentially similar restrictions on land use. The easement shall restrict the grantor and his successors from construction of any structure, sign (except for signs noting the covenant's recipient), fence, or other improvement on the open space area, or alteration of the contours thereof. It may also restrict the cutting of trees and clearing of brush and contain other terms appropriate to the subject parcel. Land which is reserved by conservation easement cannot be used to satisfy minimum lot area.

Conditions of open space conveyance. In determining whether the proposed entity is appropriate to own the proposed open space, or whether to require open space in locations other than those proposed, the Commission shall consider the following factors:

The ownership of any existing or proposed open space on adjacent properties, or the proximity to non-adjacent open space which might reasonably interconnect with the proposed open space in the future;

The proposed use of the open space for active or passive uses, and the extent of maintenance, supervision, or management required;

The potential benefits which the open space might provide to residents to the Town or the state, if it were accessible to them;

The size, shape, topography and character of the open space;

(5)

The recommendations of the Lyme Plan of Conservation and Development; and

(6)

The reports or recommendations of any state or Town agencies, including but not limited to the Lyme Board of Selectmen, the Lyme Inland Wetlands and Watercourses Agency, the Recreation Commission, the Southeastern Connecticut Council of Governments Regional Planning Commission, the Connecticut River Gateway Commission, and the Connecticut Department of Energy and Environmental Protection.

Title to open space land shall be unencumbered, and at the time the approved subdivision plan is filed, the applicant shall record on the Lyme land records all legal documents associated with this § 310-5.7 which shall be subject to review by the Town or Commission Attorney and approval by the Commission.

Exemptions from open space disposition requirements. In accordance with Public Act 90-239, Section 1,[1] the provisions of this § 310-5.7 shall not apply if:

The transfer of all land in a subdivision of less than five lots is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle, or first cousin of the property owner for no consideration. Such intended transfer shall be evidenced by covenants, restrictions, contracts, or other legally binding documents as the Commission may approve, which documents shall be filed in the land records in accordance with the procedure and other requirements of these regulations. If the Commission determines, based on events subsequent to the approval of such subdivision, that such transfers were intended to be temporary, and for the sole purpose of evading the requirements of this section, the Commission may, following a public hearing with notice by certified mail to the violator, void in whole or in part any such subdivision approval and may cause notice thereof to be filed in the Lyme land records.

The subdivision is to contain affordable housing, as defined in § 8-39a of the Connecticut General Statutes, equal to 20% or more of the total housing to be constructed in such subdivision. Such restrictions for affordable housing shall be evidenced by such documents as the Commission may require, and such restrictions shall run with the lots affected thereby in perpetuity. If, subsequent to approval of the subdivision, the lots designated for affordable housing shall not be sold for that purpose, the Commission may, following a public hearing with notice by certified mail to the violator, void, in whole or in part, any such subdivision approval, and may cause notice thereof to be filed in the Lyme land records.

§ 310-5.8 Design standards for preservation of natural, cultural and archaeological features.

Dedication for other municipal purposes. In the event the subdivider desires to transfer to the Town land for other municipal purposes, such as future schools, fire houses, etc., the dedication provisions of this regulation shall be met. The Commission may consider such a municipal dedication as a credit toward any open space disposition requirements but may not require such dedication.

[1]

Editor's Note: See Connecticut General Statutes § 8-25.

Natural features. All subdivisions shall be laid out to preserve and enhance existing natural features, including all wetlands and watercourses, large individual trees and tree stands, unusual topography, ledge faces, ridge tops, rare or endangered species of fauna and flora, scenic views and vistas. Specifically, the following design principles shall be used in designing the subdivision:

Avoid excessive cuts, fills and regrading which result in potential soil erosion, unnecessary tree and other vegetation removal, and disturbance to water resources.

Maintain watercourses and wetlands in their natural location and avoid relocation or encroachment thereon.

Retain and protect large specimen trees and large areas of unfragmented forest.

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.

Historic, cultural and archeological features. Due regard shall be given to preservation and potential enhancement of historic and cultural sites and buildings, including stone walls, and of identified archaeological sites.

Upon receipt of a preliminary plan, if one is submitted, or upon receipt of a formal application, the Commission may refer a copy of the plan to other agencies or individuals for comment concerning the location of cultural resources on or near the site of the proposed development. Such referrals may include the Connecticut Commission on Culture and Tourism, the State Archaeologist, or other recognized archaeological and historical authorities. Based on comments received, the Commission may determine that a cultural resources assessment must be submitted as part of the subdivision application. The cultural resources assessment plan shall describe procedures that will be taken to catalog, protect, preserve and/or properly remove the identified cultural resources. The Commission shall not approve a proposed subdivision unless it determines that the proposed project has been revised or modified to protect cultural resources and mitigate adverse impacts to the satisfaction of the Commission.

Any historical or culturally significant sites shall, where possible, be left undisturbed and may be considered in meeting the open space requirements of § 310-5.7.

Cemeteries. All cemeteries within a proposed subdivision shall be protected by a permanent conservation easement, along with a thirty-foot protective buffer, as measured from stone walls or fences surrounding a cemetery, or from any identified grave (in the absence of walls or other demarcated boundary). The easement shall allow for reasonable visitation and maintenance of the cemetery.

Public access. Suitable public access to any preserved feature may be required by the Commission.

Road layout. Subdivision roads and driveways shall be laid out to minimize the disruption and fragmentation of natural areas to protect water quality, habitat and diversity of natural ecosystems.

Individual lot layout. Individual lot layout plans shall show the proposed area of total lot disturbance, which shall include all areas disturbed for the purpose of constructing buildings, structures, driveways and septic systems, as well as all graded areas and lawns. Existing vegetation shall be preserved in areas where disturbance is not necessary for construction and use. Areas used for agriculture, pasture or woodlot management need not be shown. Existing fields may be maintained through mowing and cutting. Development of disturbed areas shall be guided by the standards for minimum impact set forth in § 310-5.3I.

Stream buffers. In accordance with the Zoning Regulations, to protect water quality and habitat, a vegetative buffer at least 50 feet in width or greater shall be maintained along streams and rivers within the Watershed Overlay District. The Commission may require a buffer in other locations to protect stream quality. Where possible, existing vegetation shall be maintained within the buffer. In the absence of existing vegetation, the Commission may require that a buffer strip be planted and maintained using native noninvasive species.

Roadside buffer. In wooded areas, where feasible, a treed area shall be maintained along existing Town roads except where necessary to construct a driveway to access a subdivision lot. Combined driveways are encouraged to minimize road cuts and retain the rural character of the Town.

Hill and ridge top development. Proposed structures shall be located so as to reduce the visual impact of the structure on the surrounding landscape.

§ 310-5.9 Fire protection.

In order to assure that all new developments have an adequate water supply for the purposes of fire protection, the Commission may require the implementation of a fire pond, fire well, cistern, underground storage tank or other suitable source, including the ancillary amenities with the appropriate access and maintenance requirements. The ownership of these facilities shall be the individual owners of the property or the homeowners' association where applicable. All maintenance will be the responsibility of the aforementioned owners.

Prior to the submission of the subdivision application, the applicant shall consult with the Lyme Fire Chief and Fire Marshal to determine the need for a water supply facility. If such an additional water supply is found to be desirable and feasible, the Commission may require designation or construction of such a facility. Among the criteria to be used in determining the design, location, size and other pertinent details of the facility, the following should be considered:

The location, type, distance and availability of the nearest acceptable or alternative water sources;

The roadway conditions, grades, character and other travel factors in transporting water to the subdivision;

The possible number, type, size and accessibility of any structures within the subdivision;

The contemplated density of lots and structures within the neighborhood.

If required, the fire suppression water supply shall be installed at the expense of the developer and with the cost included in the subdivision bond. The facility shall be installed prior to the issuance of a certificate of occupancy for any structure within the subdivision.

The fire suppression water supply shall include appropriate legal access and maintenance covenants in favor of the Town of Lyme and the Lyme Fire Department.

§ 310-5.10 Markers and monuments.

Permanent markers 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, where in the judgment of the Commission permanent markers are necessary. Open space markers shall be installed as required in § 310-5.7H. Permanent markers shall be installed at all lot corners and intermediate points as deemed necessary by the Commission. Common driveway access markers shall be installed on both sides of the common driveway at intervals of not more than 100 feet for the length of the driveway.

Markers shall be of such material, size and length as the Planning and Zoning Commission shall specify.

No permanent markers shall be installed until all construction which could destroy or disturb the markers has been completed. In the event that any marker is destroyed or disturbed during construction of subdivision improvements, the marker shall be replaced or repositioned prior to the release of the subdivision construction bond.

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 the property markers are the only improvement, the applicant shall post a bond to cover the cost of installation and certification of markers.

§ 310-5.11 Energy efficiency.

The applicant shall demonstrate to the Commission that consideration has been given, in developing the plan, to the use of passive solar energy techniques which would not significantly increase the cost to a buyer of any dwelling to be erected on lots shown on such plan, after tax credits, subsidies and exemptions. As used in this section, "passive solar energy techniques" means site design techniques which maximize solar heat gain, minimize heat loss and provide thermal storage with a building during the heating season and minimize heat gain and provide for natural ventilation during the cooling season. The site design techniques shall include, but not be limited to, house orientation, street and lot layout, vegetation, natural and man-made topographical features, and protection of solar access within the development.

Construction in required yards. Solar energy systems may be constructed in a rear or side yard. The facility or system shall be located at least six feet from any rear or side boundary and, in addition, must be located a minimum of six feet from any adjoining residential structure. Solar energy systems are also exempt from front yard depth requirements when it can be demonstrated that solar access, protection or control of the south facing wall of the structure will be substantially hindered by the front lot depth, provided that the facilities meet the requirements of § 315-7.5 of the Lyme Zoning Regulations and a special permit is granted by the Lyme Planning and Zoning Commission as provided for in § 315-7.5 of the Lyme Zoning Regulations.

Height exceptions. The provisions of these regulations limiting the maximum height of buildings shall not apply to restrict the height of solar panels or similar uses but they are subject to the granting of a special permit by the Lyme Planning and Zoning Commission as provided by § 315-7.2 of the Lyme Zoning Regulations.

Solar energy. Nothing in these regulations shall prohibit the projection of apparatus needed for the operation of active and passive solar energy systems, including but not limited to horizontal overhang over the south facing glass areas up to 1/2 of the height of the glazed opening, movable insulating walls and roofs, detached solar collectors, reflectors and piping, so long as there is no detrimental effect on the adjoining property and subject to the granting of a special permit by the Lyme Planning and Zoning Commission as provided by § 315-7.5 of the Lyme Zoning Regulations.

Solar access protection not required in certain locations. Solar access may not be necessary on the north side of a mountain or hill, where buffer strips have been required by the Town which block solar access, or where other actions taken by the Town block access.

Orientation. In a subdivision where solar access is deemed desirable or necessary by the Planning and Zoning Commission the following regulations shall be enforced:

Building orientation. Buildings should be oriented with the long axis oriented east and west with a possible ten-degree variation to the southwest. This creates the best possibility that large roofs and walls may receive solar radiation.

Lot orientation. Whenever possible lot lines should be oriented so that they run east and west or north and south, which directions have the best opportunity for orienting buildings toward the sun.

Street orientation. Where the topography and soil/ledge conditions will permit, streets shall be oriented so that they run in an east-west direction. In the case of new subdivisions where the topography, soil/ledge or previous street orientation prohibits east-west orientation of new streets, the layout of the lots and buildings shall be adjusted for orientation to the sun.

Vegetation siting.

Existing vegetation. In order to protect as much existing vegetation as possible and still allow for solar access, buildings should be located in that location which protects and ensures long life to the youngest and healthiest trees, bushes and plants.