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.