For purposes of these regulations, certain words
shall be defined in this section. Words in the present tense include
the future tense, the singular includes the plural, and vice versa.
The word "shall" is mandatory, not directory. The word "may" is discretionary.
Other words used in these regulations shall have the meaning commonly
attributed to them.
APPLICANT, DEVELOPER or SUBDIVIDER
An individual, partnership, firm, corporation, legal entity
or agent thereof who or which undertakes the subdivision or resubdivision
of land or any activity included in these regulations. For purposes
of these regulations, the terms "applicant," "developer" and "subdivider"
shall be synonymous.
APPLICATION
The maps, prescribed forms, reports and fees submitted to
the Planning Commission in accordance with these regulations.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, sometimes referred to as a "one-hundred-year
flood."
BASE FLOOD ELEVATION
The particular elevation of the base flood as specified on
the Flood Insurance Rate Map for the Town of Old Lyme for Zones A1-A30
and V1-V30. For unnumbered A Zones, the Zoning Enforcement Officer
shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a federal, state or other source
as criteria for requiring that new construction, substantial improvements
or other development shall meet the requirements of these regulations.
BOND
Surety or collateral posted by the applicant which guarantees
that all required subdivision improvements shall be completed in accordance
with the approved plans and these regulations.
COASTAL BOUNDARY
The boundary described in C.G.S. § 22a-90 et seq.
and adopted by the Old Lyme Zoning Commission.
COASTAL RESOURCES
The coastal waters of the state, their natural resources,
related marine and wildlife habitat and adjacent shoreland, both developed
and undeveloped, that together form an integrated terrestrial and
estuarine ecosystem, including rocky shorefront, beaches and dunes,
intertidal flats, tidal wetlands, freshwater wetlands and watercourses,
estuarine embayments, coastal hazard areas, developed shorefronts,
islands, near-shore waters, off-shore waters, shorelands, and shellfish
concentration areas, as defined in C.G.S. § 22a-93.
COASTAL SITE PLAN
The site plans, applications and project referrals listed in C.G.S. 22a-105, as required in §
219-29D of these regulations.
CULTURAL RESOURCES
All buildings over 100 years old, prehistoric, fossil and
archaeological sites, stone walls, roads bounded by stone walls, historic
sites including house foundations, cemeteries and human burial grounds,
human skeletal remains and associated funerary objects, existing trails,
and unique features. For the purposes of these regulations, lots containing
identified cultural resources shall be considered cultural sites.
DESIGN AND CONSTRUCTION STANDARDS
Current Chapter
187, Design and Construction Standards, of the Code of the Town of Old Lyme, Connecticut, adopted pursuant to Chapter
144, Article
I, Construction and Acceptance of Roads, of the Code, which may be amended from time to time.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DISTURBED AREA
An area where the ground cover is destroyed or removed, leaving
the land subject to accelerated erosion.
DRIVEWAY
A private accessway to and from an improved street or private road which serves only one lot, except as may be approved by the Commission under §
219-45 of these regulations.
EASEMENT
A written authorization, duly recorded in the Land Records
of the Town of Old Lyme, for a specific purpose or purposes, which
one person or agency may have in a designated portion of land of another.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which sets forth measures to be undertaken for the
control of erosion and sedimentation, to include, but not be limited
to, drawings and descriptions sufficient in detail to establish clearly
the location of areas to be stripped of vegetation and other proposed
or unprotected areas; schedule of operations, including starting and
completion dates for each major development phase, such as land clearing
and grading, streets, sidewalks, utility and storm drainage installations,
and the like; seeding, sodding or revegetation plans and specifications
for all unprotected or unvegetated areas; location and design of all
structural sediment control measures, debris basins and the like;
timing of all planned sediment control measures; and general information
relating to the implementation and maintenance of the sediment control
measures.
FINAL SUBDIVISION PLAN
The final map, drawing or drawings and all required supporting
data upon which the subdivider's plan of subdivision is presented
to the Commission for approval.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than 1.0
foot anywhere in the Town. The regulated floodway is delineated on
the Flood Boundary and Floodway Map.
GRADING
Any excavating, grubbing, filling, or stockpiling of earth
materials or any combination thereof, including land in its excavated
or filled condition.
IMPROVED STREET
A street which meets either of the following criteria:
A.
An accepted improved Town road or a state highway
as classified on Old Lyme's Town Road Map, as amended; or
B.
A road built to the Design and Construction
Standards of the Town of Old Lyme.
LOT
A plot or parcel of land occupied or capable of being occupied
by one or more principal buildings and accessory buildings, as specified
under the Old Lyme Zoning Regulations.
NONCOMMERCIAL CUTTING
The cutting or removal of forest tree species on a lot for
the purpose of preparing a site for the construction of a building
or other structure and/or cutting for the customary maintenance and
improvement of a lot.
OLD LYME TOWN ROAD MAP
The official map adopted by vote of Town Meeting on May 21,
1984, as amended from time to time.
OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of water and land set aside for conservation, park or playground purposes.
PLAN
The subdivision plan, including maps, profiles, and supporting
documents.
PRIVATE ROAD
A road owned and maintained by a chartered beach association
or a road owned and maintained by a legally constituted homeowners'
association.
REAR LOT
A lot in which the width measured at the street line is less
than 50% of the required minimum dimension of a square on the lot,
as set forth in the Old Lyme Zoning Regulations.
RESUBDIVISION
As defined in the Connecticut General Statutes, a change
in the map of an approved or recorded subdivision or resubdivision,
if such change affects any street layout shown on the approved map,
affects any area reserved thereon for public use, or diminishes the
size of any lot shown thereon and creates an additional building lot,
if any of the lots shown thereon have been conveyed after the approval
or recording of such map.
SEDIMENT
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
SPECIAL FLOOD HAZARD AREAS
Areas delineated as Zone A and Zones A1-A30, Zone V, and
Zones V1-V30, which are delineated on a map titled, "Flood Insurance
Rate Map, Town of Old Lyme, New London County, Connecticut," Community
Panel Number 090103, 0001-0020, revised through June 16, 1992, prepared
by the Federal Emergency Management Agency. Said map, as it may be
amended from time to time by said Agency, is part of these regulations.
STREET (also "road" or "highway")
A parcel of land which has been improved so as to be
suitable for vehicular traffic and accepted for public use by a Town
Meeting or a parcel of land shown and designated as a street to be
constructed on a subdivision plan approved by the Planning Commission.
The term "street" shall include private roads previously approved
under these regulations. The terms "road," "highway" and "street"
shall not include driveways as defined in this section, nor shall
"street" include emergency accessways. Streets are further classified
by the following functions:
A.
ARTERIALA major, heavily traveled road serving as an artery for interconnection between large areas of Town or giving access into or circulation within business or industrial areas; includes all state highways.
B.
COLLECTORA moderately heavily traveled street presently receiving, or having the potential to receive, traffic from two or more local roads, private roads or dead-end streets.
C.
LOCAL RESIDENTIALA street primarily providing access to abutting lots used for residential purposes, including dead-end streets.
D.
PRIVATE RESIDENTIALA road that is privately owned and privately maintained. A private street is identified on the record subdivision map as a "private street" and shall not be offered to or maintained by the Town of Old Lyme.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic, including the subbase and base course.
STREET RIGHT-OF-WAY
That portion of land between property lines which defines
the limits of land dedicated, secured, or reserved for public or private
use, including land over which a street is built and the adjacent
area reserved for future widening and improvements.
SUBDIVISION
As set forth in the Connecticut General Statutes, the division
of a tract or parcel of land into three or more parts or lots made
subsequent to the adoption of subdivision regulations by the Commission,
for the purpose, whether immediate or future, of sale or building
development, expressly excluding development for municipal, conservation
or agricultural purposes, and includes "resubdivision."
TOWN
The Town of Old Lyme.
TOWN PLAN
The 1990 Town Plan of Development for the Town of Old Lyme,
prepared and adopted by the Planning Commission pursuant to C.G.S.
§ 8-23, and includes any part of such plan separately and
any amendment to such plan or parts thereof.
WATERCOURSES
Includes watercourses as defined in C.G.S. § 22a-38,
as amended.
WETLANDS
Defined in C.G.S. § 22a-38, as amended.
WORK or IMPROVEMENT(S)
All physical improvements required by the approved plan,
other than the staking out of lots, and including but not limited
to the construction of roads, storm drainage facilities, and water
and sewer lines, the setting aside of open space and recreation areas,
installation of telephone and electric services, planting of trees
or other landscaping, and installation of retaining walls or other
structures.