Stormwater detention. When stormwater detention facilities are required, they shall be sized such that the peak discharge after development shall not exceed the peak discharge prior to development for each of the storm frequencies identified in Subsection
B. Design and construction of surface stormwater detention facilities shall conform to the requirements for detention basins, as outlined in the "Connecticut Guidelines for Soil Erosion and Sediment Control," with the exception that basin side slopes shall not exceed 4H:1V, and the maximum basin depth (as measured from the bottom of basin to the top of berm) shall not exceed six feet. In addition, detention basins shall be located no closer than 150 feet from an existing or proposed residential dwelling or active recreation area. To the maximum extent possible, detention basins shall be designed as extended detention ponds or wet ponds, or used in conjunction with other stormwater treatment practices to provide water quality benefits; shall be irregular in shape and landscaped with native noninvasive species so as to enhance the appearance of the surrounding environment; shall be screened; and shall be designed to minimize future maintenance. All detention basins shall be readily accessible for maintenance purposes via an improved access drive. In addition, unless specifically waived by the Commission, fencing (refer to §
187-46) shall be required around the perimeter of all detention basins. In granting any requests for a waiver of this requirement, the Commission shall consider the proximity of the basin to adjacent residential dwellings; future population density in the general vicinity; and, the size and depth of the proposed basin. Detention basins shall be located on land to be conveyed to a homeowners' association, which shall be established by the applicant and whose members shall be jointly and severally liable for costs associated with the maintenance of such detention basins(s) and the appurtenant system. When applicable, a permanent right to drain surface or subsurface drainage systems from any existing or future Town lands or roadways shall be granted to the Town of Old Lyme. However, it shall be the homeowners' association's sole responsibility to maintain and repair the detention basin and appurtenant structures. Such obligation shall be established within a declaration of covenants and restrictions, which shall be submitted for review by the Town, and when approved, filed on the Old Lyme land records. Such document shall provide the right, but shall not in any way obligate, the Town of Old Lyme to enter upon the property to make inspections and to make emergency repairs, should the homeowners' association, after proper notice from the Town, fail to execute their responsibilities. Should the Town of Old Lyme make any emergency repairs, the homeowners' association and/or the individual members of the homeowners' association in pro rata shares shall be responsible for reimbursing the Town for the repairs at an amount set by the Board of Selectmen. Regular maintenance to the stormwater detention areas shall not require approval from the Old Lyme Inland Wetlands and Watercourses Commission.