Potential applicants are strongly encouraged
to submit a preliminary plan to the Commission for informal review.
The purpose of this review is to ensure that basic requirements can
be met prior to incurring application, surveying, engineering and
legal fees associated with a formal application submission. The Commission
may schedule a field visit to the site of the proposed development
as part of its preliminary review. Preliminary plans have no official
status. Preliminary review in regard to plan feasibility in no way
implies approval of the formal subdivision plan. No fee or application
form is required for review of a preliminary subdivision plan.
A. Submission of preliminary plan. A potential applicant
may submit a preliminary plan for consideration. At least three copies
of the preliminary plan shall be submitted to the Planning Office
at least two weeks prior to a regular meeting of the Commission to
allow for placement on the next meeting agenda. The applicant or an
authorized representative of the applicant shall attend the meeting
of the Commission to discuss the preliminary plan.
B. Contents of preliminary plan. A preliminary plan shall
show sufficient information to enable the Commission to make a general
review under the standards of these regulations. The preliminary plan,
at a scale no greater than one inch equals 100 feet, shall generally
show proposed lots, easements, roads, open spaces, drainage, contours
at ten-foot intervals, utilities, location map, and other information
pertinent to the subdivision. Concept sketches showing alternative
layouts may also be submitted.
C. Identification of cultural resources. Upon receipt
of a preliminary plan, the Commission may refer a copy of the plan's
location map to the following agencies or individuals for comment
concerning the location of cultural resources on or near the site
of the proposed development: Connecticut Historical Commission, State
Archaeologist, Old Lyme Historical Society, Town Historian, and 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 a formal application.
All applications for subdivision or resubdivision, together with maps, reports, legal documents, and any other information required under §
219-4 of these regulations, shall be submitted by mail or by hand to the Planning Office in the Old Lyme Town Hall. An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of §
219-4 have been received. In order to receive prompt consideration of an application, whenever possible the complete application should be submitted no later than 14 days prior to a Commission meeting in order to allow sufficient time for staff review and so that the application may be placed on the agenda of the meeting. Incomplete applications shall be accepted by the Commission, but failure to submit a complete application may be cause for disapproval of an application.
In accordance with the Connecticut General Statutes,
the official date of receipt of an application shall be the date of
the next regularly scheduled meeting of the Commission immediately
following the day of submission of the application to the Planning
Office or 35 days after submission, whichever is sooner.
The Commission or its duly authorized representative(s)
may inspect the subdivision site to review the suitability of the
site and the accuracy of all official submissions. Submission of a
formal application confers the right of the Commission or its designated
agent(s) to visit the site.
When the Commission finds that extraordinary
hardships or practical difficulties may result from compliance with
these regulations, the Commission may, by a vote of at least four
members, approve waivers to these regulations, provided that such
waivers do not conflict with the intent and purposes of these regulations.
The Commission shall state upon its records the reason for which a
waiver is granted in each case.
A. The Commission shall not approve a waiver unless it
finds in each specific case that:
(1) The granting of a waiver will not have a significant
adverse impact on adjacent property or on public health and safety;
(2) The conditions upon which the request for a waiver
are based are unique to the proposed subdivision for which the waiver
is sought and are not applicable generally to other potential subdivisions;
and
(3) The waiver will not create a conflict with the provisions
of the Zoning Regulations, the Town Plan, Town ordinances, or regulations
of other Town boards and commissions.
B. A request for a waiver should be presented in writing
by the applicant at the time when the subdivision application is first
submitted. The request shall state how the proposed waiver meets the
requirements stated above. Any waiver granted shall not be a precedent
for any future waiver, and the Commission may attach any reasonable
condition to the grant of the waiver.
[Amended 1-26-2004]
When an application for a proposed subdivision
or resubdivision involves land regulated as an inland wetlands or
watercourse under Chapter 440 of the Connecticut General Statutes,
the applicant shall file an application with the Old Lyme Inland Wetlands
Commission no later than the day the formal application is submitted
to the Planning Commission. Evidence of submission to the Inland Wetlands
Commission shall be provided to the Planning Commission. The Planning
Commission shall not render a decision on the subdivision application
until the Inland Wetlands Commission, acting as the municipal inland
wetlands and watercourses authority, has submitted a report with its
final decision to the Planning Commission. In making its decision,
the Planning Commission shall give due consideration to the report
of the Inland Wetlands Commission.
A. The Commission, or the applicant where directed by
the Commission, shall transmit copies of maps, plans and documents
to other officials and agencies where required and where appropriate,
such as the following, for advisory reports and consultation and/or
for approval as may be required by law. A copy of the transmittal
letter shall be submitted to the Commission as part of the application
materials:
(1) Board of Selectmen or its designated representative
(also "reviewing engineer"): maps and plans for review in accordance
with Design and Construction Standards, with particular regard to
street design, storm drainage and other utility systems.
(2) Town or Commission Attorney: bonds, easements, deeds,
agreements and other legal documents.
(3) Sanitarian/Water Pollution Control Authority: sanitation
reports, maps and plans, with particular regard to on-site water supply
and sewage disposal systems.
(4) State Department of Transportation: maps and plans,
with particular regard to street and utility connections with state
highways.
(5) Conservation (Inland Wetlands and Watercourses) Commission:
maps and plans, with particular regard to natural features of the
site, including conservation elements, water resources and soils.
(6) Parks and Recreation Commission: maps, with particular
regard to open spaces for parks and playgrounds.
(7) Fire Department: maps and plans with particular regard
to elements of fire protection and fire-fighting resources.
(8) Notice to water company: In accordance with C.G.S.
§ 8-3i, for any subdivision within the watershed of a water
company, written notice of the application to the water company.
(9) Other persons or agencies as appropriate, including
the Tree Warden, Municipal Historian, and emergency services personnel.
B. Referrals within the Connecticut River Gateway Conservation
Zone. For all subdivisions within the Connecticut River Gateway Conservation
Zone, the Commission may refer copies of the maps and plans, including
the soil erosion and sediment control plan, to the New London County
Soil and Water Conservation District for review and advisory opinion
concerning measures for erosion and sediment control.
C. Referral to CRERPA and SCCOG. Any plan for subdivision
of land which abuts or includes land in one or more municipalities
as well as Old Lyme shall be submitted to the Connecticut River Estuary
Regional Planning Agency (CRERPA) and the Southeastern Connecticut
Council of Governments (SCCOG), in accordance with C.G.S. § 8-26b.
D. Notice to adjoining municipalities.
(1) Notice shall be given to the Town Clerk of an adjoining
municipality in accordance with C.G.S. § 8-26f for any project
in which the following applies:
(a)
Any portion of the property affected by a decision
of the Planning Commission is within 500 feet of the boundary of the
adjoining municipality;
(b)
A significant portion of the traffic to the
completed project will use streets within the adjoining municipality
to enter or exit the site;
(c)
A significant portion of the sewer or water
drainage from the project on the site will flow through and significantly
impact the drainage or sewerage system within the adjoining municipality;
or
(d)
Water runoff from the developed site will impact
streets or other municipal or private property within the adjoining
municipality.
(2) Referrals shall be made within seven days of the date
of receipt of the application. No hearing shall be conducted unless
appropriate referrals have been made.
E. Notice to Connecticut Department of Environmental
Protection, Office of Long Island Sound Programs. Any subdivision
within the coastal boundary, as indicated on the Old Lyme Zoning Map,
shall be submitted to the Connecticut Department of Environmental
Protection, Office of Long Island Sound Programs.
A. A public hearing regarding an application for a subdivision
may be held by the Commission if, in its judgment, the circumstances
require such action. The Commission shall hold a public hearing on
all applications for a resubdivision. Notice of any public hearing
shall be given as required by law. Whether or not a public hearing
is held, every applicant shall be afforded the opportunity to appear
before the Commission to discuss the application before final action
by the Commission.
B. Notification of abutting property owners; applicant's
responsibility. When a public hearing is scheduled, the applicant
shall prepare a list of names and addresses of the owners of all property
any portion of which is within 300 feet of the property to be subdivided,
as shown on the Assessor's records of the Town of Old Lyme on the
date of receipt of the application by the Commission. The applicant
shall mail notification of the scheduled public hearing, which may
be in the form of the legal notice, to at least one owner of each
property not more than 30 and not less than 10 days prior to the date
of the public hearing. Evidence of such mailing shall be submitted
to the Planning Commission not later than the commencement of the
public hearing. Failure to comply with the required notification requirement
may be cause for denial of the subdivision application.
Within 65 days after the close of the public
hearing, or within 65 days after receipt of such application if no
public hearing is held, the Commission, by majority vote of members
present and voting, shall approve, modify and approve, or disapprove
the application for subdivision or resubdivision. The applicant may
consent to one or more extensions of any period required for commencing
a public hearing, completing a public hearing or rendering a decision,
provided the total extension of any such period shall not be for longer
than the original period as specified under the Connecticut General
Statutes. Notwithstanding the above, the Planning Commission shall
not render a decision on the application until the Conservation (Inland
Wetlands and Watercourses) Commission has submitted a report with
its final decision to the Planning Commission.
A. Modifications. In approving the application, the Commission
may require modifications of the maps and/or documents submitted as
part of the application to preserve the purpose and intent and assure
conformance with these regulations. Such modifications shall be made
by the applicant and submitted for Commission review prior to endorsement
of the subdivision plans by the Commission.
B. Items which shall be completed. The following items
shall be completed prior to approval of a subdivision or resubdivision
application, as applicable:
(1) Presentation of any conveyance, easements and deeds, including executed documents, in accordance with the requirements of §
219-30;
(2) Submission of a construction and inspection schedule,
approved by the Board of Selectmen or its engineer, including establishment
of a date when construction of roads, drainage and other improvements
may commence;
(3) Written evidence of application to the Connecticut
Department of Transportation for any proposed street or storm drainage
system which joins with a state highway; the Commission may require
written proof of CONNDOT intent to issue a permit for the proposed
activity;
(4) Evidence of approval from the Old Lyme Conservation
(Inland Wetlands and Watercourses) Commission, as may be required
under the regulations of such Commission, for conduct of any activity
necessary to complete required streets, drainage and other subdivision
improvements;
(5) Written evidence of an application to the Commissioner
of the Department of Environmental Protection for a permit, as may
be required for regulated activity within a designated tidal wetlands
area; the Commission may require written proof of DEP intent to issue
a permit for the proposed activity;
(6) Written evidence of an application to the United States
Army Corps of Engineers for activities within the Corps' jurisdiction;
the Commission may require written proof of Army Corps intent to issue
a permit for the proposed activity;
(7) Where the subdivision involves construction of improvements or excavation, grading or depositing of materials in a special flood hazard area, presentation of written assurance from the Zoning Enforcement Officer that development activities comply with requirements of §
219-29E and
219-35 of these regulations;
(8) Posting of a security acceptable to the Commission, guaranteeing completion of any required road, storm drainage, installation of property markers and monuments, or other subdivision improvements in accordance with the approved plan, as required in §
219-14;
(9) Installation and maintenance of erosion and sediment control measures in accordance with the certified soil erosion and sediment control plan, as required by §
219-28G.
C. Statement of reasons for decision. In approving, modifying
and approving, or disapproving an application, the Commission shall
state in its records the reasons for its action. The Commission shall
give notice of its decision as required by law.
Any person aggrieved by an official decision
of the Commission may file an appeal to the Superior Court within
15 days from the date when the notice of decision was published according
to law. The Commission shall not endorse the plan until after the
time for taking an appeal from the decision has elapsed or, in the
event of an appeal, upon termination of such appeal by dismissal,
withdrawal or judgment in favor of the applicant.
A. As part of the subdivision application, the applicant
shall provide an estimate of the cost of all work to be performed
on the subdivision, which the Commission may use to determine the
amount of the required security.
(1) Prior to endorsement of the approved plan, the Commission
shall require the applicant to post a sufficient security, in an amount
acceptable to the Commission and in a form acceptable to the Commission's
Attorney, to guarantee one of the following:
(a)
Satisfactory completion of all work shown on
the plan; or
(b)
Restoration of the development site to a safe
and attractive condition in lieu of completion of work, provided that
the applicant guarantees in writing that no lots will be sold or offered
for sale, no building permits will be sought, and no individual lot
development (as opposed to subdivision improvements), including tree
clearing and grading, will commence until an acceptable security for
completion of remaining subdivision work is posted with the Commission.
Violation of this provision shall be grounds for revocation of the
subdivision approval.
(2) When the option of posting security for restoration of the development site has been utilized [Subsection
A(1)(b) above], the developer shall post sufficient security for satisfactory completion of all remaining work shown on the plan prior to proceeding with installation of structural drainage, including installation of drainage pipes and/or catch basins, and prior to any road paving.
B. Bond/security requirements.
(1) In order to avoid the need for very large subdivision
bonds, and to avoid extensive disruption of the entire site at any
one time, a subdivision may be constructed in phases, with approval
of the Commission. In phased subdivisions, separate security may be
posted for each phase. Upon completion of an earlier bonded phase,
the developer may request and may receive approval from the Commission
to transfer the security to a later phase.
(2) The security must be set and continuously maintained
for the duration of the five-year project (or other time for completion
of the subdivision as designated by state statute) unless released
by vote of the Commission.
(3) Should the developer be unable to complete the secured
site improvements in a manner satisfactory under Town requirements,
the security deposited with the Town may be used by the Town, after
a hearing thereon, to complete all or part of the required site improvements
or, at the discretion of the Commission, to restore the property to
a safe and attractive condition, provided that no individual lots
have been sold or developed in the area where improvements are lacking.
C. Separate sedimentation and erosion control bond. The
Commission may require that measures and facilities specified on the
Soil Erosion and Sediment Control Plan be guaranteed by a separate
cash or savings passbook account in favor of the Town. In the event
of failure of the developer to maintain proper sedimentation and erosion
controls on the subdivision site, the security required under this
section may be used by the Town, after a hearing thereon, to stabilize
eroding areas, remove sedimentation, and otherwise correct sedimentation
and erosion problems on site.
A. One complete fixed line photographic Mylar set of plans and two print copies of the subdivision or resubdivision map shall be delivered to Planning Office within 30 days of the date of a Commission vote to approve the subdivision or resubdivision application. Such plans shall contain all modifications or stipulations required by the Commission as part of its approval. All Mylars shall contain the raised seal and original signature of the engineer and/or surveyor certifying the plan. Endorsement of the plan by the Commission shall not be executed until the end of the appeal period as set forth in §
219-13 and until all conditions of approval have been met, including posting of any required security and submission of the final corrected plans and executed legal documents. If the applicant fails to comply with this requirement, the Commission may declare the approval null and void.
B. Commission endorsement of plan. Upon receipt of final
plans, including any required modifications, executed legal documents,
and the posting of any security required as part of the approval,
the Chairman or Secretary of the Commission shall endorse the final
plans and shall note on the plans the date of approval and the date
of project expiration. The applicant will then be notified that the
endorsed plans and legal documents are available for recording with
the office of the Town Clerk. All plans shall be delivered to the
applicant for filing or recording not less than 30 days after the
time for taking an appeal from the action of the Commission has elapsed
and, in the event of an appeal, not less than 30 days after the termination
of such appeal by dismissal, withdrawal or judgment in favor of the
applicant. No such plan shall be recorded or filed by the Town Clerk
until its approval has been endorsed thereon by the Chairman or Secretary
of the Commission, and the filing or recording of a subdivision plan
without such approval shall be void.
The applicant shall file and record the endorsed
plans and legal documents, with the exception of deeds for Town roads,
within 90 days of the expiration of the appeal period or, in the case
of an appeal, within 90 days of the termination of such appeal by
dismissal, withdrawal or judgment in favor of the applicant, except
that the Commission may, by majority vote, extend the time for such
filing and recording for two additional periods of 90 days each, and
approved plans shall remain valid until the expiration of such extended
time. Failure to file the approved plans within the ninety-day period
or any extensions thereof which are approved by the Commission shall
render the subdivision approval null and void. Filing and recording
fees shall be paid by the applicant.
All construction and installation of roads,
drainage and other improvements required by these regulations shall
not be deemed authorized and shall not be commenced until:
A. The time for taking an appeal from the action of approval
of the application by the Commission has elapsed and, in the event
of an appeal, termination of such appeal by dismissal, withdrawal
or judgment in favor of the applicant;
B. The Commission or its designated agent has authorized
such construction upon finding that the applicant has met all conditions
of approval precedent to such construction; and
C. The construction plans for streets, drainage and other
improvements have been approved by the Board of Selectmen as evidenced
by the issuance of a road construction permit under the procedures
established in the Town's Design and Construction Standards.
Each phase of the construction of any street,
drainage facility or other improvement which is part of the approved
subdivision shall be carried out subject to the supervision and inspection
by the Board of Selectmen, through its authorized inspector. The inspector
shall assure that all specifications and requirements are met during
construction, in accordance with the Town's Design and Construction
Standards. Said inspector shall, after completion of construction,
notify the Board of Selectmen and the Commission when all required
improvements have been constructed as required by the Commission.
A. Fee for inspection of improvements. The developer
shall pay to the Town a fee for all reasonable costs incurred in the
inspection and reinspection, if necessary, in accordance with a schedule
of fees established by the Board of Selectmen under the Design and
Construction Standards.
B. Compliance with plans. If the inspector finds upon
inspection of the improvements that any of the required improvements
have not been constructed in accordance with plans and specifications
submitted by the subdivider as part of the subdivision application,
the inspector shall so report to the Commission. The Commission shall
then notify the developer and, if necessary, the company guaranteeing
the bond or security and shall take all necessary steps to preserve
the Town's rights under the terms of the bond or security.
C. Schedule of inspections. The Commission or its designated
inspector shall have the right to enter upon the premises and to inspect,
or cause to be inspected, construction work authorized by subdivision
approval at any time, with or without notice, during, before or after
regular business hours.
(1) For subdivision road and drainage improvements, the
work shall be inspected in accordance with the schedule set forth
in the Town's Design and Construction Standards.
(2) The developer shall not proceed to work on any subsequent
stage until the preceding stage has been inspected and approved by
the designated inspector.
A. Modifications. If at any time during the construction of the required improvements unforeseen field conditions make it necessary or preferable to modify the location or design of such improvements, the developer shall notify the Commission or its duly authorized representative, who shall determine whether the change is minor in nature or whether the Commission itself must act on the proposed change. If the change is minor, the representative shall either approve or disapprove the developer's request and shall notify the Commission at its next regular meeting, and the action shall be noted in the meeting minutes. If it is determined that the change is not minor, the developer shall submit an application for a modification of the subdivision approval. Such application shall meet all the informational requirements of Article
IV, as applicable. Any change which affects any street layout or any area reserved for public use shall require a resubdivision, as required by state statute.
B. Additional work. If during the course of construction
of any new street or any other improvements required by the Commission
in connection with the approval of a subdivision it appears that additional
work is required owing to unforeseen conditions such as, but not limited
to, springs, ancient drains, wet conditions, side hill drainage from
cuts, bedrock, or other conditions which were not apparent at the
time of approval by the Commission, the Commission may require such
additional work to be done and may require additional security to
be posted by the applicant. The Commission reserves the right to require
the installation of additional sedimentation and erosion control measures
as may be recommended by the Town's designated inspector.
A. Any person, firm or corporation making any subdivision
or resubdivision of land shall complete all work in connection with
such subdivision within five years after the date of the vote for
approval of the plan for such subdivision. The Commission endorsement
of approval on the plan shall state the date on which such five-year
period expires.
B. The subdivider or his successor in interest may apply for and the Commission may grant one or more extensions of the time to complete all or part of the work in connection with such subdivision, provided the time for all extensions shall not exceed 10 years from the date the subdivision was approved. If the Commission grants an extension of an approval, the Commission may condition the approval on a determination of the adequacy of the amount of the bond or other security required under §
219-14, securing to the municipality the actual completion of work.
C. For purposes of this section, "work" shall mean all
physical improvements required by the approval, other than staking
of lots, and includes but is not limited to the construction of roads,
storm drainage, water and sewer lines, setting aside of open space
and recreation areas, installation of utilities, installation of permanent
property markers, planting trees and other landscaping, and installation
of retaining walls and other structures.
D. Failure to complete all required work within the time
period approved by the Commission may result in expiration of subdivision
approval. In such event, the Commission shall file on the land records
notice of the expiration and no additional lots shall be conveyed
by the subdivider except with the approval by the Commission of a
new application for subdivision of subject land. If lots have been
conveyed during the five-year or other approved period, the Town may
call the performance bond of the subdivision to the extent necessary
to complete the bonded improvements and utilities required to serve
those lots.
The applicant shall be required to maintain all improvements in the subdivision and provide for snow removal, street cleaning, drainage and general maintenance on streets and sidewalks until acceptance of said improvements by the Town. In the event that the applicant fails to comply with this section, the Town is authorized, through the Board of Selectmen, to perform the necessary work, without incurring any liability, and charge such work to the applicant. The Commission may require that as part of the bond required for said subdivision a portion of said bond be established at the developer's expense to pay for such maintenance and snow removal, from which the Town may draw funds, after hearing, to pay for the work if the applicant fails to comply with this section within five years or within such extensions as may be provided in accordance with §
219-20 of these regulations.
A. In general, the Commission shall not authorize partial
release of the security, except that the security for one phase of
a subdivision may be transferred to a subsequent phase with the approval
of the Commission.
B. Prior to release of the subdivision performance bond,
the following conditions must be met:
(1) The bond shall not be released until all conditions
of Town acceptance have been met and all required improvements have
been accepted by the Town.
(2) Roads, drainage and other required improvements in
the subdivision shall have been inspected and approved by the Town's
engineer.
(3) As-built plans shall have been submitted to the Commission in accordance with Subsection
C.
(4) Maintenance agreement and security. The applicant
shall execute an agreement and file a bond to cover unforeseen deficiencies
in the required road, drainage and other subdivision improvements.
The maintenance bond shall terminate no earlier than one year after
the date of acceptance of the improvements by the Town. The maintenance
bond shall be in the amount and with security as approved by the Board
of Selectmen and Town Counsel under the provisions of the Town's Design
and Construction Standards.
C. As-built plans. Before the Commission and Board of
Selectmen authorize release of any subdivision performance bond, the
developer shall furnish a set of as-built drawings showing all improvements
as constructed, in the same detail as required for the approved subdivision
plan. Said drawings shall bear the live signature and raised seal
of the registered land surveyor who prepared the as-built plan and
a civil engineer registered in Connecticut who reviewed the plan.
A. The approval by the Commission of a subdivision application
shall not constitute evidence of any acceptance by the Town of any
street, recreation area, right-of-way or easement shown on such plan.
Acceptance of formal offers of streets, open space, rights-of-way,
and easements shall rest with the Town. The developer shall be required
to maintain all improvements and provide for snow removal on streets
and sidewalks until acceptance of said improvements at a Town Meeting.
B. Procedure for acceptance of improvements. Upon completion
of all improvements, the applicant shall submit a written request
to the Commission for acceptance of the improvements and release of
the performance bond. Such request shall be accompanied by executed
deeds, as-built plans, maintenance bond and any other documents necessary
to support the request. The Commission shall refer the request to
the appropriate Town agencies for their review. Upon receipt of favorable
reports from these agencies, the Commission shall recommend to the
Board of Selectmen that the improvements be accepted and the performance
bond released. After compliance with all requirements of the acceptance
procedures, the Board of Selectmen shall present the improvements
for acceptance to a Town Meeting in accordance with the Town's Design
and Construction Standards.
Any subsequent change in the geometric configuration
of a lot or lots, including the relocation of lot boundary lines between
adjacent lots, which differs from the approved subdivision map which
has been filed and recorded with the Town Clerk shall be submitted
to the Commission for its review as to compliance with current zoning
and subdivision regulations and must be approved by the Commission.
A map showing the revision as approved by the Commission must be signed
by the Commission Chairperson and filed by the applicant with the
Town Clerk.