A.
Plan of development: Subdivisions shall be planned and
designed in general conformity with the Plan of Development for Old Saybrook,
adopted by the Planning Commission in accordance with Chapter 126 of the Connecticut
General Statutes, particularly with regard to:
B.
Natural features: The planning and design of subdivisions
including streets, drainage and other improvements, and the layout of lots,
shall provide for retention of the natural features of the tract:
(1)
By avoiding cuts, fills and regrading which result in
potential soil erosion, tree and other vegetation removal and disturbance
to water resources.
(2)
By maintenance of watercourses, including ponds and swamps,
in their natural location and avoiding relocation of and encroachment thereon.
(3)
By protection of wetlands, floodplains, and other land
subject to potential flooding, including avoidance of filling, excavation
and pollution.
(4)
By retention and protection of large isolated trees and
forested areas.
(5)
By protection of Watercourses, floodplains and other
areas subject to potential flooding through easements, rights-of-way or encroachment
lines, unless authorized to be disturbed by the Old Saybrook Inland Wetlands
Commission. Conservation areas shall be protected by easements or reservation
areas.
(6)
Coastal natural resources: The planning, design and development
of subdivisions affecting coastal resources shall be evaluated by the Commission
to determine consistency of the proposed activities with the policies of the
Connecticut Coastal Management Act.
C.
Historic preservation: Subdivisions and resubdivisions
shall be laid out to preserve significant historic sites and buildings, identified
archaeological sites, and other cultural resources such as stone walls and
existing trails. Suitable public access to any preserved feature may be required
by the Commission.
A.
Building lots: Proposed building lots shall be of such
shape, size, location, topography, access and character that said lots can
be occupied and used for building purposes, whether residential, business
or industrial, without danger to the health and safety of the occupants, the
neighborhood or the general public. Any proposed lot which is found to be
unsuitable for occupancy and building by reason of water or flooding conditions,
unsuitable soil, topography, ledge rock or other conditions shall be combined
with another contiguous lot that is suitable. Proposed building lots shall
be planned:
(1)
To make best use of the natural terrain
(2)
To preserve natural features
(3)
To be capable of use without extensive filling or regrading
which would result in potential erosion and sedimentation and excessive vegetation
removal or which would adversely affect the ability of the lot to accommodate
on-site sewage disposal and water supply facilities
(4)
Laid out in such a way as to maximize potential use of
passive solar energy design techniques, as defined in the Connecticut General
Statutes to the extent practicable
(5)
Each lot shall be capable of accommodating buildings
as permitted by the Zoning Regulations[1] together with driveway access, parking spaces and suitable sites
for on-site sewage disposal and water supply, without disturbing wetlands
and watercourses unless authorized by the Old Saybrook Inland Wetlands Commission,
and
(6)
Minimum buildable lot area: Each building lot shall contain
within its boundaries a minimum area of buildable land, with the following
characteristics:
[Amended 1-31-1995]
(a)
Such parcel shall include a contiguous area of not less
than 15,000 square feet.
(b)
The minimum area of buildable land shall be of such shape
as to be capable of containing a square not less than 100 feet on a side.
(c)
The minimum area of buildable land shall not include
any land determined to be inland wetlands or tidal wetlands, as defined by
the Connecticut General Statutes, nor any land delineated as a Special Flood
Hazard Area.
(d)
No more than twenty percent of the area designated as
minimum buildable lot area shall have naturally occurring topography exceeding
twenty percent slope in grade as measured in 40 foot increments throughout
the parcel.
(e)
No land shall be included which is identified as having
groundwater higher than 18 below the naturally occurring surface, or ledge
at a depth or less than 4 feet below the natural ground surface as observed
by soil testing; unless an area of suitable size and location has been identified
for the placement of a subsurface sewage disposal system through soil testing
which demonstrates the suitability of soil in that area for such sewage system
placement. Not less than six test holes which have been observed by the Town
Sanitarian or his agent shall be provided and shall be conducted such that
both the primary and reserve system are investigated.
(f)
No more than ten percent of the minimum buildable area
shall be encumbered by easements, including easements for drainage, utilities,
or vehicular access, but not including conservation easements.
(g)
A minimum buildable area which complies with this section
shall be shown on the subdivision plan for each proposed building lot.
B.
Lot size: Each lot shall conform to the Old Saybrook
Zoning Regulations unless required by these regulations to be larger because
of natural conditions affecting public health and safety, including accommodation
of on-site sewage disposal and/or water supply systems.
C.
Lot numbers: All lots shall be numbered beginning with
the numeral "1" and shall continue consecutively throughout the entire subdivision
with no omissions or duplications. No fractions or letters shall be used unless
necessary for clarity in a resubdivision. Adjoining subdivisions and sections
of a subdivision having the same title shall not duplicate numbers but shall
continue the sequence of numbers used previously for the adjoining land. All
lot numbers shall be conspicuously shown on the subdivision man in the approximate
center of each lot.
D.
Lot frontage: All lots shall have frontage on either
an existing approved street or upon a new street to be created as part of
an approved subdivision plan, consistent with the Zoning Regulations.
E.
Lot lines: Irregular lot shapes and uneven boundaries
shall be avoided. Wherever possible, side lot lines should be at right angles
to the street on which the lot faces, radial to curves of the street, or radial
to the cul-de-sac turnaround on which the lot faces, unless lot lines are
angled specifically for the purpose of encouraging proper orientation of buildings
for active and passive solar energy techniques.
F.
Lot access/driveways: Each lot shall be capable of being accessed by an individual driveway across the designated lot frontage, except in cases where the Commission determines that a combined driveway serving more than one lot will reduce traffic conflicts or preserve significant natural features. The Commission may approve a single shared driveway for vehicular access to two adjacent lots, in accordance with § 302-48 of these Regulations.
G.
Bodies of water: If a tract of land being subdivided
contains body of water or portion thereof, including a dam or other structure,
the Commission may require that the lot lines be so drawn as to place the
entire ownership and burden of maintenance of the body of water and dam or
other structures in undivided ownership.
A.
Street planning: Proposed streets shall be planned in
such a manner as to provide safe and convenient access to proposed lots and
safe and convenient circulation for present and prospective traffic within
the neighborhood in which the subdivision is located. In planning streets,
due consideration shall be given to accomplishing an attractive layout and
development of the land. Grid layouts should be avoided, and wherever feasible,
streets shall follow a gently curving alignment compatible with the terrain,
and which preserves substantial trees, woods and other natural features.
B.
Connection to existing streets: All subdivision streets
shall connect directly to one or more accepted Town roads or state highways.
Subdivisions containing more than 30 lots shall have at least two direct connections
to one or more accepted public roads. In the case of resubdivision or phased
development, previously approved lots shall be considered as part of the total
in determining the need for a second direct connection.
C.
Future street connections: Streets shall be laid out
to provide connections with existing streets on adjacent properties, where
appropriate, and also with proposed streets that may be provided for in the
Plan of Development. When a subdivision adjoins undeveloped land, its streets
shall be laid out so as to provide suitable future street connection with
the adjoining land where it appears probable that the latter could be subdivided.
Proposed streets which may be projected into adjoining properties shall be
carried to the boundary line. No reserve strips will be permitted. Future
street rights-of-way shall have a minimum width of 50 feet, and shall be conveyed
by warranty deed to the Town of Old Saybrook.
D.
Dead-end streets: Culs-de-sac, streets closed at one
end by building lots and which will not be extended in the future, shall not
exceed a length of 1,000 feet. Temporary dead-end streets, which may be projected
into adjoining property at some future date, may exceed such length but shall
not exceed a reasonable interim length for safe and convenient vehicular access,
including emergency vehicles, as determined by the Commission.
E.
Street classifications: All proposed streets in the subdivision
and any existing street abutting the subdivision shall be classified by the
Commission as one of the following:
(1)
Local residential street: A street primarily providing
access to abutting lots used for residential purposes. Local residential streets
shall provide for continuation of existing streets in adjoining areas and
for projection into adjoining properties when subdivided.
(2)
Private residential street: A street providing sole access to not more than four abutting lots, each used access to not more than four abutting lots, each used only for a single detached dwelling for one family, provided however that the Commission may authorize access to not more than two additional lots that are corner lots also having frontage on and potential for access on a collector street, commercial street or thoroughfare if the result is to reduce hazards for traffic or potential for congestion on such street. Private streets shall be designed in accordance with the requirements of § 302-43.
(3)
Feeder street: A street of considerable existing or potential
continuity on which traffic past abutting lots will be dominant and needing
two-way traffic flow capacity at all times. Feeder streets shall be planned
to accommodate the volume and type of traffic anticipated and laid out in
a manner which will assure safe and convenient travel between residential
streets and commercial streets or thoroughfares.
(4)
Commercial street or thoroughfare: A street giving direct
access into or circulation within business or industrial areas, or a street
serving as an artery for intercommunication among large areas of the Town.
Commercial streets shall be planned to accommodate the volume, type and critical
concentration of traffic anticipated in the commercial or industrial area.
Thoroughfares shall be provided where necessary and as indicated in the Plan
of Development for Old Saybrook, as adopted by the Planning Commission under
Chapter 126 of the Connecticut General Statutes.
F.
Street widening:
(1)
No street right-of-way shall be widened beyond the minimum
width specified in these Regulations for the purpose of securing additional
street frontage for proposed lots.
(2)
Where the proposed subdivision abuts an existing Town
street which does not meet minimum criteria for right-of-way width, the applicant
shall convey to the Town sufficient land along such road as to permit its
widening to conform to Town standards. Where the Commission determines that
the condition of the existing road is such that the approval of the subdivision
could result in a potential safety hazard, the Commission may require that
the applicant make improvements to the existing Town road to assure the safety
of the residents of the new subdivision.
(3)
In cases where the right-of-way is established for a
street and owners other than the applicant own abutting land, the right-of-way
shall have such extra width or area as is necessary to accommodate all road
construction within the right-of-way without encroachment on the abutting
land. In lieu of extra width or area, the applicant may obtain rights to slope
on the abutting land provided that the rights are in a form approved by the
Commission.
G.
Reverse frontage: Wherever practicable, lots adjacent to a State highway, feeder street, commercial street or thoroughfare, as defined in § 302-33E, shall have their frontage reversed and shall front on a street one lot depth removed from the state highway or major Town road, or shall front on an intersecting side street. Reverse frontage lots which back onto a state highway or major Town road shall have a buffer zone a least ten feet wide along the property line abutting the road right-of-way. Buffer zones shall contain a fence, wall, stream, hedge or other suitable deterrent to access.
H.
Street names: Streets which join or in alignment with
streets of adjoining or neighboring property shall bear the same name. No
duplication of street names shall be permitted, and similar sounding names
shall be avoided. All street names are subject to the approval of the Commission.
When the subdivision includes land in a Special Flood Hazard Area or
regulated floodway, the lots, streets, drainage and other improvements shall
be reasonably safe from flood damage and shall conform to the following:
A.
Lots and improvements shall be consistent with the need
to minimize flood damage within the Special Flood Hazard Area and shall be
capable of use without damage from flooding or flood related damages.
B.
Utilities: All utilities and facilities, such as sanitary
sewer systems, water supply systems and electric and gas systems, shall be
located and constructed to minimize or eliminate flood damage. Sanitary sewer
systems shall be designed to minimize or eliminate both infiltration of floodwaters
into such systems and discharges from such systems into floodwaters.
C.
Written confirmation: The Commission shall require written
confirmation from the Health Officer and Building Official that utilities,
water, sanitary sewer systems, and electrical service are located or designed
so as to minimize or eliminate flood damage or infiltration.
D.
Streets: No new street or any existing street being brought
up to existing Design Construction Standards shall be constructed below the
base flood elevation of a flood hazard area.
Pursuant to Section 8-25(b) of the Connecticut General Statutes, the
applicant shall demonstrate to the Commission that, in developing the subdivision
plan, consideration has been given to the use on each lot of passive solar
energy techniques that would not significantly increase the cost of use and
occupancy of the lot. Passive solar energy techniques 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 season. The subdivision plan or site design techniques considered
shall include at least the following:
A.
Encourage east-west street layout: The street and lot
layout plan shall, as far as practical, provide for east-west street orientations
to facilitate the development of properly oriented passive solar buildings.
An east-west street refers to any street with its axis within 30 degrees of
true east.
B.
Provide for flexible lot layouts: Side lot lines shall
be perpendicular to the street line unless the purpose of the lot line orientation
is to provide greater solar access or gain.
C.
Encourage solar orientation of proposed buildings: The
"footprint" of proposed principal buildings for each lot within a subdivision
should, wherever practical, be located and oriented so that the longest side
of the building is within 30 degrees of true east.
D.
Consideration of energy impacts of other buildings, vegetation
and natural features: Proposed buildings should be located to avoid shadows
cast by other buildings, vegetation, or natural and manmade topographical
features wherever practical. Where possible, new plantings shall concentrate
evergreen trees and hedges on the north side of a structure.
Each lot shall be provided with adequate and safe means of sewage disposal
and water supply on a continuous, long term basis to meet the requirements
of uses permitted on the lot under the Zoning Regulations for the Town of
Old Saybrook, Connecticut.
A.
Water supply: Where such service is available, each lot
shall be served by and provided with a curb connection to a central water
supply system. Such system and connection shall meet all the technical and
administrative requirements of the Director of Health of the Town of Old Saybrook,
and the State of Connecticut. The Commission may approve provision for on-site
water supply if it determines that a central water system is not available
or cannot reasonably be provided or extended by the applicant to serve the
lot.
(1)
If a public water supply is to be used for the subdivision,
the applicant shall submit written evidence of agreement by the water company
to provide a safe and adequate public water supply.
(2)
If private water supply wells for individual lots are
proposed, the applicant shall submit a written statement from the Town Director
of Health, or an official of the Town designated to act on behalf of the Health
Director, stating the adequacy of the lot to contain a well in compliance
with the Connecticut Public Health Code.
(3)
A water study, prepared by a certified geohydrologist,
shall be submitted by the applicant for any subdivision containing 25 or more
lots in which private water supply wells are proposed. The water study shall
address the adequacy of groundwater supplies and the effect of the proposed
subdivision on surrounding wells.
B.
Sewage disposal: Where such service is available, each
lot shall be served by and provided with a curb connection to a central sanitary
sewer system. Such system and connection shall meet all the technical and
administrative requirements of the Old Saybrook Water Pollution Control Authority,
the Director of Health of the Town of Old Saybrook, and the State of Connecticut.
The Commission may approve provision for an on-site subsurface sewage disposal
system if it determines that a central sanitary sewer system is not available
or cannot reasonably be provided or extended by the applicant to serve the
lot.
(1)
If a public central sanitary sewer system is to be used
for the subdivision, the applicant shall submit written evidence of agreement
by the Water Pollution Control Authority to service the subdivision, including
a statement that adequate capacity is available within the system for the
proposed use.
(2)
If private subsurface sewage disposal systems on individual lots are proposed, soils tests shall be required in accordance with Article VI of these Regulations. Written evidence must be submitted that the subsurface sewage disposal system proposal is acceptable to the Old Saybrook Director of Health or his authorized agent.
C.
Minimum acreage requirements for on-site water and/or
sewage disposal:
(1)
On-site sewage disposal/central water system: each lot
shall have at least a minimum area of 20,000 square feet, exclusive of any
inland and tidal wetlands and watercourses, and shall be of such shape that
a square 100 feet on each side will fit on the lot.
(2)
On-site sewage disposal/on-site individual wells: each
lot shall have at least a minimum area of 40,000 square feet, exclusive of
any inland and tidal wetlands and watercourses, and shall be of such shape
that a square with 150 feet on each side will fit on the lot.
Storm drainage shall be designed and constructed to provide for the
efficient drainage of the property and surrounding lands which normally drain
across the area of the proposed subdivision, including drainage from any streets
which may reasonably be expected to be constructed at some future date on
adjoining property. If in its judgement there will be no substantial danger
from soil erosion to the public health and safety, the Commission may permit
on lots of one acre or larger the discharge of storm water in open ditches,
swales, or detention basins except that such structure shall not be located
in that portion of the lot customarily used for front and side yards or which
might be used for on-site sewage disposal or water supply systems.
A.
Discharge: The discharge of all water from the subdivision
shall be into suitable streams or rivers or into Town or state drains, ditches,
or other Town or state drainage facilities with adequate capacity to carry
the additional water. Where the discharge shall be into private property adjoining
the proposed subdivision, proper easement and discharge rights shall be secured
by the applicant prior to approval of the subdivision plan. Discharge shall
be done in a manner that protects streams and wetlands from pollution and
flooding due to increase in runoff. Where the developer is unable to obtain
the required easements, the subdivision shall be designed to retain any increase
runoff due to development on the site.
B.
Channel lines: Channel and building lines shall be provided
along any major stream or river for the purpose of preventing encroachment
upon and constriction of the natural water channel by buildings, filling operations
or other facilities and construction. The width of the channel shall be based
on sound engineering calculations anticipating long range storms (100-year
frequency) and flow potentials and recognizing proper alignment and gradients
of the channel. A note, approved by the Town Counsel, shall be placed on the
subdivision plan explaining the channel and building lines and stating the
restrictions against encroachment upon the channel.
A.
Land for parks, playgrounds, recreation areas and open
spaces 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 needs determined by the Commission. Such needs may include, but are not
limited to the following:
(1)
Preservation of natural resources such as, but not limited
to, unusual topography, wetlands, aquifers, agricultural land, wildlife habitat,
visual corridors and vistas;
(2)
Retention of natural drainage ways;
(3)
Establishment of coherent urban form to break up undifferentiated
sprawl patterns, provide edges, focal points and centers to enable people
to relate to their surroundings and to integrate or separate various types
of uses and activities;
(4)
Provision for passive and active recreation;
(5)
Enhancement of historic and cultural activities and locations;
(6)
Maintenance of scenic quality.
B.
The reservation of land shall conform to any plan of
development for parks, playgrounds, recreation land, conservation or open
space.
C.
Dedication requirement: In determining the need for reservation
of open space, the Commission shall be guided, but not limited to, a standard
of 10% of the land area of the subdivision and a minimum reservation area
of one acre. The Commission may determine that a lesser area is sufficient
to satisfy the need for such open space within the subdivision or that such
reservation is not feasible because adequate existing parks, playgrounds,
recreation areas and open space are available in the neighborhood; or there
is no land in the subdivision suitable for such reservation.
D.
Access and location: Open spaces shall be easily accessible
and shall be situated so as to preclude grouping of lots and open spaces in
the extremities of the tract. Proper pedestrian and vehicular access shall
be provided for each such reservation.
E.
Method of dedication: Open space areas shall be permanently reserved for the designed use by means acceptable to and approved by the Commission, in accordance with § 302-52.
F.
Other requirements: Additional requirements for provision of open space are set forth in Article VI.
G.
Fee in lieu of open space. An applicant for approval
of a subdivision may, with the approval of the Commission, pay a fee to the
municipality or pay a fee to the municipality and transfer land to the municipality
in lieu of any requirement to provide open spaces. Such payment or combination
of payment and the fair market value of land transferred shall be equal to
not more than ten percent of the fair market value of the 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. A fraction
of such payment, the numerator of which is one and the denominator of which
is the number of approved parcels in the subdivision, shall be made at the
time of the sale of each approved parcel of land in the subdivision and deposited
in a fund which shall be used for the purpose of preserving open space, or
acquiring additional land for open space, or for recreational, or agricultural
purposes. The open space requirements of this section shall not apply if the
transfer of all land in a subdivision of less than five parcels is to a parent,
child, brother, sister, grandparent, grandchild, aunt, uncle or first cousin
for no consideration, or if the subdivision is to contain affordable housing,
as defined in Section 8-39a, of the Connecticut General Statutes, equal to
twenty percent or more of the total housing to be constructed in such subdivision.
[Added 5-21-1997]
In order to assure that any new development has an adequate supply of
water for fire-fighting purposes, the Commission may require that a firewell
or fire pond be constructed in connection with the subdivision development.
Prior to the submission of a subdivision application, the applicant shall
consult with the Fire Marshal to determine whether a new water supply for
fire-fighting purposes is required. If necessary, such water supply shall
be installed at the expense of the developer and the cost of such shall be
included in the bond. The design, location and construction of such water
supply shall be approved by the Commission.
